LEGAL APPROVAL
CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Beach" FL 33435
(407) 738-7.490
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OFFICE OF THE PLANNING DIRECTOR
July 5, 1988
Mr. Roland Reinhardt
240 No. Congress Avenue
Boynton Beach, FL 33425
Re: Bavarian Haus Restaurant site Plan Modification
Our file #: 018
De~r Mr. Reinha~dt:
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Please be advised that on Tuesday, June 21, 1988, the c~ty
Commission approved the referenced request, subject to staff
comments, copies of which are attached.
Th~se plans were approved subject ,to your compliance with the
attached stipulations. After you have amended your plans to
reflect these stipulations, please have the appropriate
Department Heads initial the attached check-off sheet, prior to
your submission to the Building Department for permits.
The approval of the city entitles you' to construct only the
improvements shown on the site plan. The site plan will be
viewed proc~durally as an as-built or record drawing.
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,If you have any questions concerning this matter, please do not
hesitate to contact me.
Very truly yours,
'.
CITY OF BOYNTON BEACH
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CARMEN s. ANNUNZIATO, Nf6~- ",,-
PLANNING DIRECTOR \
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Attachments
cc City Manager, Technical Review Board, Central File
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Building Department
Planning Department
STAFF COMMENTS
BAVARIAN HAUS RESTAURANT
SITE PLAN MODIFICATION
See attached memo
See attached memo
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MEMO'RJ(NDUM
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DATE
'ROM
Carmen Annunziato
Planning Department
June 8, 1988
~IL[
Don Jaeger
Building Department
SITE PLAN MODIFICATION:
BAVARIAN HAUS RESTAURANT
(RESTRIPING OF LEISURE-
VILLE PLAZA PARKING LOT)
5U8JI!CT
As a condition of site plan modification, the following comments
should be incorporated into the related documents by the applicant:
1. The parking stall layout detail does not comply with the City of
Boynton Beach Parking Lot Ordinance. The Parking Lot Code re-
quires 9 by 18 parking stalls with a 27 foot backup aisle.
2. Handicap parking must be provided in compliance.with Table 508.2
of the uniform, Minimum County-wide Amendments to the Standard
Building Code, 1985 Edition.
The applicant's prompt compliance with the preceeding comments will
insure a timely permitting process.
-~(~-
Don Ja,G~~-;--
dj:eaf
xc: E.E. Howell
RECliNED
JUN ~8 J1988
PLANNII\lG DEPT~
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TO:
Chairman and Members
Planning and Zoning Board
FROM:
Carmen Annunziato
Director, Planning Dept.
RE:
Request for approval of shared parking -
Bavarian Haus
Roland Reinhart, owner of the Bavarian Haus restaurant,is
requesting approval of a request for shared parking, which, if
approved, will allow an expansion in seating from 190 to 250 seats.
In support of this request, Mr. Reinhart has submitted an analysis
of the peak p~rking demand at the Leisureville/Forum Shoppes
shopping center. This analysis was prepared by Kimley-Horn and
Associates (see attached report dated May 1988).
As stated in the report, the peak parking demand will occur
on Fridays at 6:00 p.m. The peak parking demand is defined as
the-point in time when there is the greatest demand for parking
spaces given all uses which are competing for the available parking.
In this instance, the use which drives parking demand the most is
the 2200 seat cinema. Peak parking demand at the Leisureville/
Forum Shoppes shopping center (741 parking spaces) is computed as
follows:
Leisureville Shopp~ng Center 171
Forum Shoppes Retail 42
Forum Shoppes Office (not
built) 60
Cinema (85% of total) 468
Total 741
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However, the total number of parking spaces required is 741 +
10% of 741 according to the Zoning Code provision which governs
requests for shared parking. Therefore, total parking spaces required
by Code at the time of peak parking demand is 816. The total number
of parking spaces provided on site is 880. Approval of this request
is reconunended.
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Carmen S. Annunz. to
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\ Central File
Technical Review Board
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THE BAVARIAN HAUS
PARKING STUDY
Prepared for
Roland Reinhardt
Boynton Beach, Florida
Prepared by
Kimley-Horn and Associates, Inc.
West Palm Beach, Florida
May 1988
June 1988
COPR Kimley-Horn
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INTRODUCTION
The Bavarian Haus expansion project is proposed for an area in the southeast
quadrant of the Boynton Beach Boulevard and Congress Avenue intersection. The
existing land uses in the center beyond the Bavarian Haus include a supermarket, a
drug store, a bowling alley, several financial institutions and a the Forum Shoppes
with a cinema. The proposed expansion will consist of the addition of 60 seats to
the approved 190 seats to arrive at 250 seats. An additional 31 spaces will be
provided to mitigate the parking impacts of the additional seats.
The provision of adequate parking is an issue in the development. A major portion
of the existing development is a cinema complex of some 24,000 square feet or
2,200 seats. Since the theater's parking demands peak on weekday evenings and on
weekends, sharing the use of some of the existing and proposed parking spaces is a
viable option.
In order to determine the viability and extent of this shared use concept, Kimley-
Horn and Associates, Inc., was retained to analyze the concept and document the
results, thereby enabling the development to provide sufficient parking without an
overbuild. The original study was conducted in 1985. As directed by City staff, we
have used the 1985 data as a basis in developing this analysis.
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The results of the 1985 study have been updated to include the restaurant
expansion as well as the adjacent Super X spaces and are presented herein. Surveys
of existing parking use in the center were made, research on shared use parking
was conducted, and conclusions were reached on the amount of parking sufficient
to meet weekday evening and Saturday demands for the existing uses and the
proposed uses. These results show that by providing the number of spaces required
by the City's code for the additional seats, the weekday daytime demands can be
accommodated and with the shared use, the weekday evening/weekend parking
demands can also be satisfied based on the 31 new spaces being provided in the
eXEansion.
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INFORMA TION ASSEMBLY
To determine the existing parking demands, field studies were made on a Friday
and Saturday in July, 1984, in the parking lots at the existing center. The parking
areas were zoned to facilitate analysis and to relate the parking areas to the uses
they served. Also a complete parking space inventory was made.
Parking accumulation levels were observed from 4:00 p.m. through 9:00 p.m. on
Friday and from 1:00 p.m. through 5:00 p.m. on Saturday. Every hour each parked
car was counted by the zone in which it was parked and the sum of the parked cars
in each zone was compared to the zone inventory.
The second part of the information assembly was to obtain historical traffic count
data on Congress Avenue and Boynton Beach Boulevard in the vicinity of the site.
These data were obtained from the Metropolitan Planning Organization (MPO) of
Palm Beach County in its annual reports on the Transportation System Surveillance
Program for 1981, 1982, and 1983. This traffic volume information provides the
basis to estimate seasonal variations in parking demand between July and the peak
season (January, February and March) and to project the peak demand from the
parking occupancy surveys done in July.
The parking surveys and traffic volume data were used to estimate the parking
spaces which might be available for shared use for the retail activities. A third
source of information used in this study was the 1983 publication by the Urban
Land Institute -- Shared Parking. A review of this research provided a basis for
estimating shared use parking from office development, and as a base for
estimating theater demand levels. In addition, Kimley-Horn's own experience with
peak parking demands for theaters in Palm Beach County supplemented the
analysis.
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ANAL YSIS
The first step in the analysis was to analyze the availability of surplus spaces in the
existing parking areas during a weekday evening and on Saturday. These field
surveys were conducted hourly and the number of spaces occupied were counted,
then compared to the available spaces by zone. The accumulation survey results
are attached as Appendix A. In conjunction with this activity, the MPO traffic
data were assembled to develop a seasonal adjustment for the parking occupancy.
Three years' traffic data were assembled for the first and third quarters to deveiop
an adjustment factor. The results of this comparison are shown in Table 1. The
aggregate ratio of first quarter to third quarter is 1.19. Therefore, the observed
parking occupancy levels were increased by 20 percent (I.19 rounded to 1.20) to
account for peak season use.
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To assess the availability of and potential for cross parking - shared use parking,
the analysis zones adjacent to the proposed site were analyzed in detail and
adjusted for seasonal variations. The adjacent Super X drug store (Zones 2 and 3),
Winn Dixie (Zone 4), the Bavarian Haus (Zone .5), and Florida National (Zone 6)
were used for this analysis originally since all were within reasonable walking
distance of the critical use, the cinema complex.
This analysis was also used to determine the shared use percentage of available
parking for similar uses in the proposed center. On Friday evening at the Bavarian
Haus 21 spaces were in demand leaving 30 available. At Florida National, 3 spaces
were used of the available 29. The number of parking spaces available at the
Florida National Bank has been reduced to 27 since the time of the original
inventory. Adjustments are made in the following sections of this report. On
Saturday there were 39 spaces available at the Bavarian Hau~ and 28 available at
Florida National. The Winn Dixie has a 6:00 p.m. Friday surplus of 131 spaces
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and a 1:00 p.m. Saturday surplus of 124 spaces. The Super X has a surplus of 16
spaces on Friday at 6:00 p.m. and a surplus of 19 spaces on Saturday at 1:00 p.m.
After adjustment to a peak season demand level these zones would have estimated
surplus space of 54.2 percent of inventory. Table 2 summarizes the cross parking -
shared use parking analysis. Based on this analysis a composite value of 54.2
percent shared use parking availability could be applied to the proposed retail use.
in the new center for weekday evenings.
TABLE 1
SEASONAL VARIATIONS
Year Station Loca tion 1st Q 3rd Q Ist/3rd
83 5601-2 Boynton Beach Blvd. (W) 17,769 14,190 1.25
83 5203-2 Boynton Beach Blvd. (E) 23,186 20,755 1.12
82 5201-2 Boynton Beach Blvd. (E) 3,584 2,996 1.20
81 5601-2 Boynton Beach Blvd. (W) 13,807 11 ,684 1.18
81 5201-2 Boynton Beach Blvd. (E) 3,207 3,003 1.07
Boynton Beach 61,553 52,598 1.17
Year Station Location 1st Q 3rd Q Ist/3rd
83 5206-2 Congress Avenue (N) 9,742 8,939 1.09
83 5610-2 Congress Avenue (S) 13,822 10,478 1.32
81 5206-2 9,930 8,035 1.24
Congress 33,494 27,452 1.22
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I Boynton Beach &. Congress 95,047 80,050 1.19
I SA Y 1. 20
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I Source: MPO of Palm Beach County
l Transportation System Surveillance Program - 81, 82, 83 )
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TABLE 2
CROSS PARKING - SHARED USE
Existing Peak Accumulation
No. of Friday 6:00 PM Saturday 1:00 PM
Zone Spaces Peak of Site Peak of Site
2 Super X 22 7 10
3 Super X 48 37 32
Subtotal 70 44 42
Available to Share 26 28
%-Difflll Spaces 37.1 40.0
5 Bavarian Haus 51 21 12
6 Fla. National 29 3 1
Sub-total 80 24 13
A vailable to Share 56 67
%-Difflll Sp 70.0 83.8
4 Winn-Dixie 193 62 69
A vailable to Share 131 124
%-Diff/II Sp 67.9 64.2
Totals 343 130 124
A vailable to Share 213 219
%-Difflll Sp 62.1 63.8
* * * * * * * * * * * * * * * * * * * * * * * * * * *
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To assess the impact of the Bavarian Haus with 250 seats, f~rther analysis was
conducted. Thirty-one spaces were added to the Winn-Dixie site by restriping. The
addition is included in the re-analysis. The 31 were added to compensate for the
loss at the Florida National Bank and still provide the appropriate buffer for the
Bavarian Haus. Furthermore, although the total accumulation figures are used to
assess the parking demand, 23 spaces must be taken from the entire Winn Dixie site
when the Forum Shoppes is considered. These 23 spaces were included as part of
spaces provided for that use. A recalculation of the site with the Bavarian Haus
expansion and the Winn Dixie adjustments is as follows. Table 2 becomes:
Friday 6:00 PM
No. of Peak of % of % Avail. /! A vail.
Zone Spaces Site Accu.1 Parking to Share to Share
2 Super X 22 9 41.0% 59.0% 13
3 Super X 48 45 93.8% 6.2% 3
5 Bavarian Haus 52 39* 75% (39% 25.0% 13
of code)
6 Fla. National 27 4 15% 85.0% 23
4 Winn-Dixie 201 74 37% 63.0% 127
TOTALS 350 171 179
1 With 1.2 seasonal adjustment.
*Based on demand demonstrated from 1985 report.
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Satur. 1:00 PM i
No. of Peak of % of % Avail. /I A vail.
Zone Spaces Site Accu.l Parking to Share to Share I
2 Super X 22 12 7.6% 92.4% 10 I
3 Super X 48 39 24.7% 75.3% 9
5 Bavarian Haus 52 22 42% (22% 58% 30
of code)
6 Fla. National 27 2 7.4% 92.6% 25
4 Winn-Dixie 201 83 41.3% 58.7% 118
TOTAL 350 158 192
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To estimate the weekday evening and weekend availability of parking inventory for
office use, the 1983 Urban Land Institute publication - Shared Parking was used.
The hours from 4:00 p.m. to 9:00 p.m. were investigated for weekdays and from
1:00 p.m. to 5:00 p.m. on Saturdays. The percent parking accumulations were
extracted from the ULI publication and are summarized in Table 3. This table
shows that at 6:00 p.m. on weekdays only 25 percent of office use parking spaces
are occupied, leaving 75 percent available for shared use. On Saturdays, only 14
percent of the spaces serving office uses are occupied at 1:00 p.m.
TABLE 3
OFFICE USE
% of Peak Accumulation
Office Use
Hour
1 p.m.
2 p.m.
3 p.m.
4 p.m.
5 p.m.
6 p.m.
7 p.m.
8 p.m.
9 p.m.
Weekday Saturday
91 14
97 10
94 8
76 7
50 4
25 3
7 2
5 2
4 2
Source: ULI Publication, SHARED PARKING, 1983.
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In order to assess the adequacy of the proposed parking for the Bavarian Haus, the
city's code requirements were compared to ULI's recommended parking
requirement ratios and to the shared use concept. In its report on shared use
parking, ULI identifies recommended peak, non-shared demand rates for weekdays
and Saturdays. These rates are the results of actual field studies. They are
summarized below in Table 4, together with the City's code requirements.
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PARKING REQUIREMENTS
Use
ULI Recommendation
Weekday Saturday
City
Code
Office
Retail
Cinemas
Restaurant
3.0 sp/ 1 ,000 sf
3.8 sp/1 ,000 sf
0.25 sp/seat
20 sp/1000
0.5 sp/1,000 sf
5.0 sp/1 ,000 sf
0.3 sp/seat
20 sp/1 000 sf
3.33 .sp/1 ,000 sf
5.0 sp/1,000 sf
0.25 sp/seat
1.0 sp/2.5 seats
This summary shows that the City's requirements are equal to or greater than the
recommended ratios. For the proposed uses in the center the city code requires 93
spaces for retail, 240 spaces for office and 550 spaces for the cinema complex,
without consideration of cross parking or shared use. The parking proposed for the
Forum Shoppes development shows 93 spaces for retail and 240 spaces for office,
with 198 spaces remaining for cinema use, totaling 531 spaces proposed.
By applying the shared use ratios and the analysis to existing and proposed parking,
an analysis of weekday evening and Saturday parking requirements was conducted
in 1985 for the Forum Shoppes. Table 5 shows the results of this analysis with the
expansion of the Bavarian Haus and the additional spaces. For a weekday evening
(6:00 p.m.) demand time, the Forum Shoppes on site will have 57 spaces available
for cinema parkers, while the 350 spaces in the existing center (Zones 2 through 6)
will afford 179 spaces (at 51 percent available). The 240 spaces for the on-site
office use will afford 180 spaces (75 percent available) for cinema use.
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TABLE 5
SUMMAR Y - A V AILABLE FOR SHARED USE
AT 6 P.M. - WEEKDAY, PEAK SEASON
II Spaces
Provided II Needed % Available II Available
Retail
On Site Forum Shoppes 92 42 54.2* 50
Cross Parking 350 171 51.1 * 179
Winn Dixie 201 74/ 63.0 127
Bavarian Haus 52 39 25.0 13
Florida National 27 4 85.0 23
Super X (Zone 2) 22 9 59.0 13
Super X (Zone 3) 48 45 6.2 3
Office
On Site 240 60 75** 180
Cinema
On-Site 198 468 100 198
TOTALS 880 741 607
Surplus Shared Parking (880-741=139) 139
*See Table 2.
**See Table 3, 6 PM.
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The remaining 198 Forum Shoppes spaces are 100 percent available for a demand of
468 for cinema use. The total of spaces on-site is 880. At the peak of the site
(6:00 p.m.), there is a demand for 741 spaces. The demand reflects the cinema
needing 85%1 of the 550 spaces required. The total surplus on-site at 6:00 p.m. is
139 (880 spaces available - 741 spaces in demand at 6:00 p.m. = 139 surplus spaces).
The buffer for the peak of the si te is:
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139 surplus shared parking spaces 18 8%
741 spaces required at 6:00 p.m: .
After 6:00 p.m. there will be an increase in the availability of parking spaces on
the site. This will coincide with observed cinema peaking characteristics which
show cinema activity also increases after 6:00 p.m. on a Friday evening. The
surplus of parking spaces for the site at various times on a Friday are shown below:
Time (P.M.)
7:00
8:00
9:00
Surplus Spaces
240
206
234
A similar analysis for Saturdays at 1:00 p.m. shows a total demand with shared use
- cross parking of 609 spaces. Given the available 880 spaces, a surplus of 271
spaces will exist (880 spaces provided - 609 spaces required = 271 surplus spaces).
A buffer of 44% exists. During other time periods on a Saturday there will be
addi tional surplus spaces.
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lULl reflects 80%; 85% was taken as a conservative measure.
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SUMMAR Y AND CONCLUSIONS
This study examined the projected availability of parking for the Bavarian Haus as
it relates to the rest of the shopping center. Surveys of existing parking use in the
shopping center were made, research on shared use parking was conducted, and
conclusions were reached on the amount of parking available to meet weekday
evening and Saturday demands for the proposed land uses in the shopping center.
It was determined during this analysis that the period of peak demand will occur at
6:00 p.m. on Friday. Based on the results of this analysis, the available parking for
cinema use in the peak demand periods will meet city code for typical peak
weekday evening and weekend use under the shared use - cross parking concept.
The entire site will meet buffer code requirements with an 18.8% buffer as
demonstrated by adding the 31 parking spaces and including the Super X drug store
spaces.
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APPENDIX A
PARKING OCCUPANCY SURVEYS
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APPENDIX A
PARKING OCCUPANCY SURVEYS
Inventory Friday Evening Accumulation
Zone CII Spaces) 4:00 5:00 6:00 7:00 8:00 9:00
2 22 12 8 7 4 4 2
3 48 36 42 37 20 16 12
4 193 63 62 62 41 35 33
5 51 5 15 21 13 18 9
6 29 9 11 3 2 0 0
Total 343 125 138 130 80 73 56
Saturday Afternoon Accumulation
1:00 2:00 3:00 4:00 5:00
2 22 10 10 6 8 4
3 48 32 27 22 22 18
4 193 69 66 64 53 44
5 51 12 9 6 4 8
6 29 1 1 0 0 0
Total 343 124 113 98 87 74
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CAMBRIDGE PACIFIC Rea.! Estate, Mortgage BankIng. Investnzents
260 South Lake Ave. Suite 210~ P.asade.l1a CA 91101 (818) 568-2820
February 25. 1989
Jim Golden
Assistant City Planner
Ci ty of Boynton Beach
200 N. Seacrest Blvd.
BoyntonBeach, Florida 33425-00310
Dear Jim:
1 'Want to personally thank you for taking the time to meet 'With me last
February 9th in your office on such short notice to revie'W the site plan on
my proposed puchase and construction of the Forum Shoppes site at
Congress Avenue and Boynton Beach Boulevard.
To ensure that there is no misunderstanding about 'What 'We discussed, 1
'Would like to confirm in 'Writing my understanding of our meeting.
-You indicated that the site 'Was approved for an additional 68,000
square foot office building 'With 227 approved parking spaces. You
concurred that this 'Would not be economically feasible to build given
the present glut of office space in the area.
-1 asked if 1 could reassign the 227 approved parking spaces to 45,000
square feet of additional retail space. You said that all the available
contingent parking under the cross parking agreement 'Was used by
the recent expansion of the Bavarian restaurant. You further
explained that in the original parking calculations several spaces 'Were
apparently counted t'Wice 'Which further reduces available surplus
parking. You also stated that parking requirements for additional
retail space 'Would be severely restricted, if not impossible, because of
differences in peak time use, mix of present retail business, and
current and anticipated traffic congestion in the center 'With additional
retail space. Ergo, additional retail development looks bleak.
You referred me to Don Jaeger 'Who you said could ans'Wer all my questions
regarding signage and landscaping. Therefore, I am incorporating my
meeting 'With Don in this letter and 'Will copy him accordingly.
'R'EC~NJE;Th
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-Don Jaeger stated that only one sign is permitted in the center 'Nith
either the name of the center or an anchor tenant. I requested signage
equal to that at Oak'Nood Plaza. Don said the city 'Nas in error to
allo'N that sign, and this could not be allo'Ned again. With this
restriction placed on the Forum Shoppes project, it 'Nould create
unreasonable hardship for identification purposes.
-Don also said that no flags or banners 'Nould be allo'Ned other than
a US Flag and maybe a State Flag. Therefore, my thoughts of creating
a formal signature 'Nith flags on each side of the entrance 'Nould be
disallo'Ned.
-Don said that any landscaping plans 'Nould have to be revie'Ned by the
Community Appearance Board
-Don explained that the City has really cracked dO'Nn on signage
ordinances as they are emphasizing 10'N key visibility in the
commercial corridors.
In conclusion, it 'Nould appear that this site has severe restrictions insofar
as exposure and additional retail development is concerned.
Please understand, Jim, that the foregoing represents my understanding of
my meeting 'Nith you and Don. If, in fact, they are to the contrary, I
'Nould appreciate your 'Nritten response at your- ear-1iest convenience.
I 'Nould like to close by saying that I 'Nas treated cordially and
professionally and you and Don 'Nere very helpful and informative.
Kindest Regards,
~~ C- C~"'"
Walter E. Cameron
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
June 8, 1988
This letter is confirmation of our conversation of today,
June 8, 1988 regarding the proposed parking variance by the
Bavarian House (Phoenix Enterprises of Boynton Beach). As we
discussed, we never entered into a common area parking
agreement with the property owners, nor do we plan to do so
in the near future. Therefore, our parking area is for the
exclusive use of our patrons, and these spaces should not be
included in any calculations for the applicant's parking
requirements.
Yours truly,
-FAIR LANES FLORIDA BOHLING, INC.
/--y~
James J. Piet
Director of New Location~
..
3~
Hr. Jim Golden
Planning Department
City of Boynton Beach
200 N. Seacrest Boulevard
Boynton Beach, Florida 33425
Dear Hr. Golden:
JFP/mmr
Kim/ey-Horn and Associates, Inc. 4431 Embarcadero Drive, West Palm Beach, FL 33407. (305) 845-0665
Raleigh, Durham. Charlotte. Nashville, Virginia Beach, Washington, Dallas.
West Palm Beach. Tampa, Orlando. Fl Lauderdale. Vero Beach. Fl Myers. Phoenix
May 31, 1988
4051T.00(07)
Mr. Jim Golden
City of Boynton Beach
120 N.E. Boynton Beach Boulevard
Boynton Beach, Florida
Re: The Bavarian Haus
Dear Mr. Golden:
The attached application represents a modification to an existing site plan. Changes
have been made relative to the shared parking analysis.
At your direction we are submitting the check and application by May 31, 1988.
All remaining items including surveys will be submitted by 5:00 p.m. on Monday, June 6,
1988.
Thank you for your assistance in this matter.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
~4/n IJ;(~
Susan O'Rourke
Transportation Analyst
SOR:jsl
Attachment
4051 TOOL.sor/jsl
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Building client relationships since 1967
\
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Kim/ey-Horn and Associates, Inc. 4431 Embarcadero Drive, West Palm Beach, FL 33407. (305) 845-0665
Raleigh. Durham. Charlotte, Nashville. Virginia Beach. Washington, Dallas.
West Palm Beach, Tampa, Orlando, Fl Lauderdale, Vero Beach. Fl Myers. Phoenix
.
, ,
May 23, 1988
4051TOO.(07)
Mr. Carmen Annunziato
Director of Planning
City of Boynton Beach
120 N.E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: Bavarian Haus Parking Study
Dear Carmen:
As per our conversation on Friday, May 20, we have revised the Bavarian Haus
Parking Study. Existing counts show the parking lot to provide the number of spaces
indicated in the staff memorandum of November 6, 1985. A major modification identified
in the field is the replacement of spaces along the center entrance driveway with spaces
along the theater entrance. Additionally, two spaces were removed from the Florida
_ National Bank when the Forum Shoppes built their parking lot. We have added two more
spaces to the restriping process of the Winn Dixie in addition to the 29 originally
identified to meet the buffer code.
For simplicity, we have removed the references to the zones in the report since we
are now dealing strictly with the Bavarian Haus, adjacent Winn Dixie, and the Florida
National Bank.
If you have any questions or comments regarding our revised study, please do not
hesitate to call.
Very truly yours,
~~:~~OCIA='INC'
~~J~t~
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Building client relationships since 1967
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CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Bea~h, FL 33435
( 3 05 ) .73 8 -7 4 9 0
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OFFICE OF THE PLANNING DIRECTOR
May 13, 1988
Mr. Harold D. Vick, P.E., ACIP
Kimley Horn and Associates, Inc.
4431 Embarcadero Drive
West Palm Beach, FL 33407
Re: The Bavarian Haus Restaurant
Dear Mr. Vick:
The purpose of this letter is to inform you that the Planhing
Department staff has reviewed your parking study for the Bavarian
Haus Restaurant dated May 3, 1988. The staff comments are as
. follows:
1. Field studies conducted in July 1984, are outdated and
should be updated.
2. The traffic volume data, which provides the basis for
estimating seasonal variations in parking demand between
July and the peak season (January through March) is dated
1981-1983 and should be updated.
3. Figure no. 1, "Accumulation Survey Zones," is outdated, as
noted in item #1 above, and should be updated, as changes
have been made in the field to these parking lots. For
example, a parking lot variance was approved for the
Florida National Bank in November, 1985 which resulted in
the elimination of four (4) parking spaces to provide for a
driveway connection to the main Forum Shoppes' driveway.
4. Based on the existing shared parking allocation for the
cinema, it should be assumed that a supermarket will be
occupying the vacant Winn-Dixie store at Leisureville
Plaza. It should also be noted that future occupancy of
the vacant Winn-Dixie floor space will be limited. to those
uses which exhibit a parking accumulation curve" equal to
or less than the supermarket occupancy.
.'.
91
, .
.... . ~ ..
5. If the shared parking allocation for the Bavarian Haus
is resubmitted in connection with approval of a new
shared parking allocation or justification for a
variance for relief from the 10% shared parking buffer,
it is recommended that the report be accompanied by six
(6) copies of a site plan which illustrates the restriping
scheme for the Winn-Dixie parking lot. The site plan would
be submitted to the Technical Review Board to insure
compliance with the applicable provisions of the Parking
Lot Ordinance. The site plan should also be accompanied
by written verification from the owner of Leisureville
Plaza indicating that they will allow the restriping of the
parking lot.
6. According to the revised data which is based on the
restriping of the Winn-Dixie parking lot to add an
additional twenty-four (24) parking spaces, there will be
a surplus of sixty-six (66) parking spaces at the weekday
peak (6:00 p.m.). This translates into a 12% buffer for
the cinema, as verified in the report dated May ,3, 1988.
The buffer for the Bavarian Haus restaurant has been
calculated incorrectly, however. The proper calculation
should read as follows:
66 surplus - 81 required =
*19 spaces provided + 81 shared
*33 of the 52 parking spaces at the Bavarian Haus
have been allocated for use by the cinema at the
6:00 p.m weekday peak hour. Therefore, to include
these spaces for the Bavarian Haus calculation
would constitute double utilization of these parking
spaces.
-15/100 =
-15%
7. Based on the buffer calculation outlined in item no. 6, an
additional 15 parking spaces would be required to break
even, and an additional 25 parking spaces would be required
to meet the 10% buffer requirement as outlined below:
91 surplus - 81 required = 10/100 = 10%
19 spaces provided + 81 shared
".
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If you have any questions concerning the above, please do not
hesitate to contact me.
jcsd
cc:
fee,
Yours very truly,
CITY OF BOYNTON BEACH
,
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Carmen S. Annunziato, AICP
Planning Director
City Manager
Assistant City Manager
Al Newbold
Roland Reinhardt
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MEMQRANDUM
May 12, 1988
~
FROM:
Peter Cheney, City Manager
Raymond A. Rea, City Attorney
Use of undeveloped portions of site when
calculating shared parking
TO:
RE:
I am in receipt of your Memorandum dated May 9, which was
received in this office on May 11, 1988, regarding the above
referenced topic. You present two questions for consideration
which will be answered individually.
1. Is it necessary to continue to reserve the parking for
the yet to be built office building shown on the approved site
plan for the Forum Shoppes?
The answer to this is in the affirmative. This City is
required. to reserve the parking space for the yet to be built
office building. The approved site plan has vested certain
rights in the owner of said parcel. Because of the vesting of
property rights which have occurred once the site plan has been
built and substantially completed, we now find ourselves in a
position which requires reserving the parking space. The
developer may, at any time, wish to build this building according
to the site plan and has a right to do so under our Ordinances
and well established Florida case ,law.
2. Now that the Winn Dixie store has gone out of business,
is it necessary to preserve the parking that was allocated as
part of the shared parking agreement for the Winn Dixie store?
The answer to this is also in the affirmative. The Winn
Dixie store, although out of business, is a commercial use which
can be reactivated at any time in the near future. Once the use
is reactivated, the reserved parking will be needed to service
this particular use.
Once again, the uses discussed above are vested and cannot
be denied under any interpretation of our Ordinances and Florida
case law. Incidentally, it might be interesting to note that the
property owners are certainly free to negotia te amongst
themselves to limit certain uses in exchange. for additional
Rt ........"....,"'TVED
' .:..... L.i:t.l., ~
.\AAY :12 1988
PLANNING DEP_T!.
. ..,.,'-'..t...,.,
-,
10
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MEl10RANDUM
Peter C. Cheney, City Manager
May 12, 1988
Page 2
parking to others. This would require a modification of the
joint parking agreement which would be satisfactory to the City.
However, such an approach is extremely cumbersome and would not
be likely to be achievable. ~ ~ K-
~. Rea
City Attorney
RAFol r
cc: George Hunt, Assistant City Manager
r"Carmen Annunziato,:' City" Planner
Betty Boroni, City Clerk
,L}J
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MEMORANDUM
May 9, 1988
RECE~ . ':~D
MAY 14 ~8
orN ATIORNt.\
TO:
FROM:
SUBJECT:
Raymond Rea, City Attorney
Peter L. Cheney, City Manager
Use of undeveloped portions of site when calculating
shared parking
-
-...-
The property at the corner of Congress Avenue and Ocean Avenue is included
in a shared parking allocation agreement. The properties included in this
agreement are the "Winn Dixie" shopping center, the Bavarian Haus, Florida
National Bank, and the Forum Shoppes/Theatre property.
A portion of the Forum Shoppes property site plan 1s currently undeveloped
but that same undeveloped portion was included in the site plan approval
for the Forum Shoppes complex, and was included in the shared parking
calculations agreed to by all the property owners. Recently the Winn
Dixie food store in the "Winn Dixie" shopping center has become vacant,
but this entire shopping center was also included in the shared parking
calculations.
Currently the Bavarian Haus restaurant is attempting to be certified for a
250 seating capacity, which is larger than the seating capacity originally
agreed to in the shared parking allocation. Assuming that the shared .
parking fonmula does not make it possible for the Bavarian Haus Restaurant
to have 250 seats, under the current procedures for calculating the shared
parking order provisions, the following questions arise for your response:
1. Is it necessary to continue to reserve the parking for the yet to be
built office building shown on the apporoved site plan for the Forum
Shoppes, and
2. Now that the Winn Dixie store has gone out of business, is it
necessary to preserve the parking that was allocated as part of the shared
parking agreement for the Winn Dixie store.
~~ / c;/'y
eter L. Cheney
City Manager
PLC:lat
cc: George N. Hunt, Assistant City Manager
Carmen Annunziato, City Planner
1:1
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LAW OF'F'ICES
ERACKETT, COOK, SNED & WELCH, P.A.
216 OATURA STREET
POST OF'F'ICE BOX 37.6
WEST PALM BEACH, FLORIDA 00402
"
ALAN ,.. BRACKETT (RETIREO)
CHRISTOPHER H. COOK
ROBERT A. O'ANGIO. .JR.
S. EMORY ROGERS
WILLIAM H. SNEO. .JR.
.JOAN B. TUCKER
EOWARO O. WELCH
TELEPHONE (305)655.8631 .
Ap r i 1 5" 1988
Roland Reinhardt, President
The Bavarian House Restaurant
240 N. Congress ~venue
Boynton Beach, Florida 33426
RE: Restriping Leisuresville Shopping Center Parking Lot
Dear Mr. Reinhardt:
This letter is to authorize you to proceed with your plans
to restripe the parking lot belonging to Leisureville Shopping
Center as outlined in your letter dateo April 4, 1988 and as
follows:
1. Absolutely no charge, fee, tax, assessment or cost associated
with the application, permits, design, painting or construction
of the parking lot shall be incurred by Leisureville Shopping
Center or Shelby Martin, Trustee.
2. No representation by Leisureville Shopping Center or Shelby
Martin, Trustee, is made to the feasibility, availability
or approval of the project and that should said project
not be approved, the Bavarian House Restaurant agrees to
pay for all improvements or any costs associated therewith
and Leisureville Shopping Center and Shelby Martin, Trustee,
shall not ~e responsible for any liability so incurred.
3. Every reasonable effort shall be made to coordinate with
Shelby Martin, Trustee, so that all of the tenants of Leisure-
ville Shopping Center shall have continued use and enjoyment
of ample parking space during the reconstruction or redesign
of the parking lot. Should any action be brought against
Leisureville Shopping Center for unavailability of parking
during the redesign or restriping, The Bavarian House Restaurant
shall indemnify and hold harmless Leisureville Shopping
Center and Shelby Martin, Trustee, for any damages, costs
or attorney's fees associated therewith.
Acceptance of this letter without objection shall be deemed
to be your agreement and consent to the above terms and conditions.
vefJ truly eYo~~rs ,
N-::. b~~ -' -
S. .EmOrYt"gers, q.
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cc: Shelby Hartin
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April 4, 1988
I'
r~r. Emery Rodgers, P.A.
Brackett, Cook, Sned, Welsh
& Scott
218 Datura Street
West Palm Beach, Florida 33401
Subject: leisureville Shopping' Center
Congress Aven~e,:Briynton Beach, Fla.
Dear Hr. Rodgers:
.,
,
Over the past several montHs, the Bavari an House Restaurant has been
working with the City of Boynton Beach to achieve additional seating
capacity at the restaurant. The restaurant is currently undergoing an
addition and modification to the facility.
We have hired professionals to analyze the parking needs associated
with this improvement and believe that modification to the existing
parking lot will yield additional capacity. We have worked with Mrs.
Shelby Martin, Trustee, and believe this approach to be jointly beneficial
to all parties.
-It is therefore respectfully requested that the Bavarian House Restaurant
be given authorization by your fine office to present a parking restriping
plan to the City of Boynton Beach for approval. The Bavarian House
-Restaurant will cover all costs associated with this parking lot
restriping approach, if the City of Boynton Beach authorizes the
additional seating. We will be making our application for additional
/ seating after we engineer an appropriately designed plan, based on the
current City parking codes.
For us to proceed with this approach, we understand that permission
is necessary, thus we are requesting your cooperation and assistance
on this matter. Prior to our actual application it is understood that
we wi 11 meet and work wi th the Trustee to recei ve concurrence .. on the
parking plan.
Sincer~, , / //
/~r:::. ",r"K /1'~~,(C?7~/
Roland Reinhardt, President
The Bavarian House Restaurant (737-9362)
cc:
Shelby Martin, Trustee
leisureville Shopping Center
I
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200 N. Seacrest Blvd. '. -=-'0'-" :.. .'. ' " .------.:..: .~.
Post Office Box 310 ~~~~~~~
Boynton Bea~h, FL 33435 .:....... --
(305) 738-7490
OFFICE OF THE ,PLANNING DIRECTOR
February 10, 1988
Mr. Vincent T. Connel
2513 N.E. 3rd Street
Boynton Beach, FL 33435
Re: Bavarian Haus
Dear Mr. Connel:
The purpose of this letter is to inform you t~at the Planning
Department is returning your application and check in the amount
of $.200.00 for the .above-referenced site plan modification. This
application cannot be processed for the fOllowing reasons:
1. The parking study does not reflect parking
conditions under peak hour parking utilization
at "buildout" based on statistical data
furnished by the Urban Land Institute or some
other recognized land planning and design
organization (Section l1-H.13 of Appendix A,
Zoning). Furthermore, for purposes of shared
parking, it cannot be assumed that the vacant
parking 'spaces currently available at
Leisureville Plaza due to the vacant Winn-Dixie
supermarket will be of a permanent nature.
2. Du~ to the lack of statistical data, there is
no basis for making a determination as to
whether or not the methodology used in this
study corresponds to the methodology used in'
the approved Kimley-Horn study for the Forum Shoppes.
3. The previous approval by the City Commission for
the 190 seat expansion was based on statistical
data furnished in the study prepared by Kimley-
Horn for the Forum Shoppes. The Forum Shoppes
study, which was approved by the City Commis~ion
prior to the preparation of the original
Bavarian Haus study, provided statistical'data
that indicated that the Bavarian Haus Restaurant
, . .
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or
,
Mr. vincent T.;Connel
February 10, 1988
Page -2-
"
could expand to no more than 190 seats. Seating
capacity above 190 would create a parking demand
greater than the parking supply available at peak
hour use under conditions at buildout. since the
picture at buildout has not changed, no opportunity
exists to provide the 10% buffer required by Section
11-H.13 of Appendix A, zoning. '
If you have any questions concerning the above, please do not
hesitate to contact me.
Yours very truly,
CITY OF BOYNTON BEACH
c.. __ -.. jt' .~
CARMEN S. ANNUNZIATO, AICP
PLANNING DIRECTOR
CSA:ro
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cc :Tambr~ J. Heyden
'Roland Reinhardt
Central File
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MEMORANDUM
6 November 1985
TO:
Chairman and Members
Planning and Zoning Board
RE:
Carmen S. Annunziato
Planning Department
Bavarian Haus Site Plan Modification
Shared Parking Study
- _ FROM:
Section ll-H(13) of the Zoning Code contains the following pro-
vision for shared parking: Parking spaces required in this
ordinance for one use or structure may be allocated in part or
in whole for the required parking spaces of another use or
structure if quantitative evidence is provided showing that ~arking
demand for the different uses or structures would occur on d1fferent
days of the week or at different hours. Evidence for joint alloca-
tion of required parking spaces shall be submitted to the Technical
Review Board, and approval of joint allocation of required parking
spaces shall be made by the Council, after review and recommendation
by the Planning and Zoning Board.
With respect to the above, Beril Kruger, agent, for Roland Reinhardt,
property owner, is requesting approval of a shared parking alloca-
tion in connection with a site plan modification for the Bavarian
Haus Restaurant. The restaurant is located on an out-parcel at the
Forum Shoppes Shopping Center south of Leisureville Plaza. The
proposed modification is for an expansion of the existing restaurant
from 160 licensed seats to~~licensed seats. The modified site
plan provides for ~~on-si~rking spaces, 36 spaces short of the
code requirement ~89 parking spaces (1 space per 2.5 seats).
Therefore, the purpose of the Bavarian Haus shared parking study
is to determine the opportunity for shared parking for those 36
parking spaces which are not provided on-site, but which are necessary
to meet the parking space requirements for the proposed restaurant
expansion.
In September, 1985 the Planning and Zoning Board recommended for, and
the City Council approved a revised shared parking study for the
cinema at the Forum Shoppes shopping center. The cinema required
550 parking spaces of which only 198 out of a total of 531 parking
spaces provided on-site could be assigned for the cinema use. The
remainder of the parking spaces were assigned to meet the code require-
ments for the retail and office uses. Therefore, an additional 352
(550-198) shared parking spaces were required to meet the parking
space requirements for the cinema. Following is a breakdown of both
the on-site and shared parking available to the cinema at the Forum
Shoppes:
Parking provided on-site = 531 spaces
Assigned to retail = 93 spaces
Assigned to office = 240 spaces
Available to cinema = 198 spaces
4q
~
.
Page Two.
Parking required for" cinema
Parking available to cinema
Shared parking needed
=
550 spaces
198 spaces
352 spaces
=
=
Parking Available from other sources:
On-site retail = 93 x .623* = 58 spaces
On-site office = 240 x .75* = 180 spaces
Other retail** = l70 spaces
Total shared parking available = 408 spaces
Total shared parking available =
Shared parking required - cinema =
Surplus shared parking available =
408 spaces
352 spaces
56 spaces
The Planning Department's findings with respect to the Bavarian Haus
shared parking stu~y are as follows:
1. The Bavarian. Haus shared parking study is based in large part on
'.the Forum Shoppes shared parking study. However, the Bavarian
.Haus study was not revised to reflect the final version of the
Forum Shoppes parking study which was approved by the Planning
and Zoning Board and the City council.:
2. The Bavarian Haus report indicates that peak hour usage for the
restaurant on weekdays (5:00 p.m. - 6:00 p.m.) does not generally
conflict with the peak hours of the cinema which will probably be
8:00 p.m. to 9:00 p.m. on weekdays (Page 11). According to the
Kimley-Horn report, peak parking demand for the cinema will occur
at approximately 6:00 p.m., with the number of surplus parking
spaces available increasing after 6:00 p.m. Therefore, in this
regard, the Bavarian Haus report is not consistent with the
Kimley-Horn report.
3. The ,.Planning Department's calculations (as provided in this
memorandum) indicate that there are 56 shared parking spaces
availabie and not 81 as indicated on Page 9 of the Bavarian Haus
report.
4. The nature of the 5.6 parking space surplus is based on statistical
data furnished by the Urban Land Institute and the Kimley-Horn
study. This figure should not be construed to be an exact figure
as it is based in part on theoretical projections of peak parking
demand.
* Based on Urban Land Institute findings and peak usage (weekdays 6 p.m.)
** Includes Winn-Dixie (193), Bavarian Haus (51), and Florida National
,Bank (29) = 273 x .62300 = 170 spaces.
(~ Peak usage (weekdays 6:00 p.m.)
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Page Three.
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5. The parking calculations for the Bavarian Haus site plan
modification are as follows:
Proposed on-site parking
Parking assigned to cinema (62.3%)*
Actual on-site parking available*
= 51~ spaces
= 33 spaces
= /1"2{) spaces
Actual on-site parking available*
Surplus shared parking available*
Total parking provided*
112-0 spaces
= 77~ spaces J
00
~ spaces/~ spaces
i d . required
=
=
RECOMMENDATION
Based upon these findings, the Planning Department recommends that
the request for site plan approval submitted by Beril Kruger, agent
for Roland Reinhard~ property owner, be denied owing to the fact
that there is not sufficient parking available for the expansion.
Furthermore, as previously indicated in this memorandum, the
56 space surplus is based,on statistical theory and should be
considered as a reasonable cushion upon which no future allocations
should be allowed (unless peak usage differs substantially from that
for the cinema and restaurant) .
/bks
cc: City Manager
Technical Review Board
Central File
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