CORRESPONDENCE
MEMORANDUM
June 16, 1994
FROM:
Tambri J. Heyden, Planning and Zoning Director
James A. Cherof, City AttorneYl[ ._,' 1.M'1
Leased Parking Agreement for Two George's Restaurant
TO:
RE:
I have reviewed the Leased Parking Agreement forwarded by you on June 14.
1994, and it is my opinion that this matter should come before the City Commission at
the June 21, 1994 Commission meeting under "Legal Other". I do not think the
Agreement reaches the level of comfort we need to assure that parking for the intended
use will exist in the future. We need:
1) To have Leases that are not subject to revocation without notice to the
City (60 days notice minimum);
2) Conditional approval of CO's or Occupational Licenses linked to parking -
continuing lane = revocation of license;
3)
4)
section,
Leases must be in recordable form .ami recorded;
City to be named 3rd party beneficiary of lease with reference to Code
JAC/rat
cc: Carrie Parker, City Manager
Two George's, Inc.
Two George's Restaurant
The Geno III
Two George's, Inc.
TWOGl:O.OL
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TWO GEORGE'S MARINA
Marina, 20 Slips
Restaurant, 100 Seats
Charter Boat, 6 Passengers
Charter Boat, 43 Passengers
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-198
Agenda Memorandum for
June 21, 1994 Community Redevelopment Agency Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. Heyden ~
Planning and Zoning Director
,
DATE: June 16, 1994
SUBJECT: Two George's Restaurant - File No. 721
CBD Parking Lease Agreement
Please place the above-referenced item on the City Commission
(sitting as the Community Redevelopment Agency) agenda for June
21, 1994 under Legal - Other.
NATURE OF REOUEST
George Culver, owne~ of Two George's Restaurant at 728 Casa Loma
Boulevard, is requesting approval of a parking lease agreement
which would provide for his leasing of surplus parking spaces at
Barnett Bank at the northeast corner of Federal Highway and Ocean
Avenue. The purpose of the parking lease is to help remedy
occupational licensing problems caused by lack of adequate off-
street parking on the restaurant property. The zoning code
states that "Lease arrangements to provide required parking
spaces shall be subject to approval by the Community
Redevelopment Agency, after review and recommendation by the
Technical Review Committee".
BACKGROUND
Over the past three years, parking for Two George's Marina,
Seamist Marina and Water's Edge Marina has been an issue. On
September 19, 1991, the City commission approved the request for
an occupational license for boat rentals at Water's Edge Marina
for a period of one year, with the condition that within that one
year, if the Lighthouse Square Marina was not constructed, the
unpaved area that has been used for parking wOlld have to be
improved and a parking lot, meeting current standards, would have
to be constructed. The Lighthouse Square Marina was never
constructed.
At the February 2, 1993 City Commission meeting, Club Nautico
came before the City Commission to request renewal of their
occupational license for power boat rentals. At this meeting,
the commission put the marinas on notice that if their parking
was not adequate to support their businesses by the time annual
licenses were renewed in September 1993, the City would not renew
their licenses. Since no improvements were made by September
1993, the Occupational License and Planning and Zoning
Departments have been freezing licenses for vacant slips
(nonconforming due to lack of parking) and issuing new licenses
only when an active license is made inactive, i.e. -
grandfathering only the slips that were currently licensed at
that time.
At this point in time, pursuant to Appendix A - Zoning, Section
6.E.4.c.(2) of the Code of Ordinances, if parking is not adequate
on a site located within the CBD, parking can be leased within
eight hundred feet of the building to be served, as measured
along a pedestrian walkway. On January 22, 1991, George Culver
entered into the attached, parking lease agreeu,ent with Barnett
Bank at 114 North Federal Highway. The agreement was for a one
year term with a one year option to renew. The agreement was
executed without City review and approval.
TO: Carrie Parker
-2-
June 16, 1994
On November 7, 1991, Mr. Culver submitted a copy of the executed
agreement to the Planning and Zoning Department. staff rejected
the agreement because the leased parking exceeded the maximum
distance allowed. On January 31, 1992, the lease expired and on
April 15, 1992 the lease was renewed through January 31, 1993.
On May 12, 1992, Mr. Culver again submitted a copy of the
executed agreement to the Planning and Zoning Department.
Despite the probl~m with the distance of the leased parking
spaces from the Two George's Restaurant, staff placed the matter
before the Community Redevelopment Advisory Board (CRAB) on
February 8, 1993. staff reported to the CRAB that there were
three problems with the lease: the distance to the leased
parking, the ability to terminate the agreement within one year
and termination of the agreement without City approval. The CRAB
recommended that the distance requirement be waived. On February
11, 1993, the Technical Review Committee met and recommended
denial of the agreement. None of the problems noted were
subsequently corrected within the agreement.
At the June 7, 1994 City Commission meeting, staff requested the
Commission to consider approving, on first reading, an ordinance
to amend the zoning code to provide for a maximum 1,000 feet
distance for leased parking, measured by a straight line,
consistent with the distance provisions of the city's payment in
lieu of parking program. First reading of the ordinance was
approved and is scheduled for second reading on June 21, 1994;
the same night as the supject request.
ANALYSIS
Although it is not known whether the agreement expired during the
period of February 1, 1993 through January 31, 1994, the attached
letter dated May 6, 1994 indicates that the le0se has been
extended from February 1, 1994 to January 1, 1995. Approval of
the referenced ordinance would eliminate one of the three
problems previously noted with the lease, i.e. - the leased
parking meets the proposed distance requirement. The other two
problems remain as reiterated in the attached memorandum, dated
June 16, 1994, from the City Attorney.
RECOMMENDATION
Staff recommends approval of the parking lease agreement, subject
to the City Attorney's comments being addressed and subject to
signs being posted at Two George's Restaurant, indicating to
their patrons the location of the leased parking, consistent with
a provision of the proposed ordinance. Also, since the area of
the leased parking at Barnett Bank is specifically identified
within the lease, it is recommended that this parking be posted
with signage.
Staff is in the process of verifying the number of surplus
parking spaces at Barnett Bank and the number of parking spaces
necessary to bring the Two George's Marina and the existing,
licensed seating area on the first floor of the Two George's
restaurant up to code in terms of parking. An update on this
information will be provided at the City Commi(sion meeting.
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Attachments
xc: Central File
A:2GeoLPkg
PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
James Cherof
city Attorney
Tambri J. HeYderi~~
Planning and Zoning Director
TO:
DATE:
June 14, 1994
SUBJECT:
Legal review of the leased parking agreement for Two
George's Restaurant
please review the attached copy of the leased parking agreement
for Two George's Restaurant (they are leasing spaces from Barnett
Bank). This agreement was executed a few years ago without the
city's final appr~val. It went before the CRAB, but since it did
not meet the distance limitation for leased parking (the
ordinance proposed for second reading next Tuesday, June 21,
1994, initiated specifically for this issue), I believe staff did
not take it to the CRA, despite CRAB's recommendation that the
distance limitation be overlooked. In any event, it was never
reviewed by your department.
The City Manager is placing review of the agreement on Tuesday's
agenda as well. Please inform me if it should appear on the
agenda as a resolution or discussion (Legal - Other). Also, this
agreement is not a tri-party agreement as the agreement we are
currently reviewing for Consumer's Paint and Body. You had
requested that Consumer's agreement be rewritten in the tri-party
format and I'm not sure whether this is the standard to be
followed for future leased parking agreements or whether formal
approval (resolution or City signature on the agreement) by the
City Commission/CRA is required. please advise.
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Attachments
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TwO GEORGES INC.
728 CASA LOMA BLVD.
BOYNTON BEACH, FL 33435
Phone 732-4411
July 26, 1990
Mr. James Golden
Planning Department
The City of Boynton Beach
100 Seacrest Blvd.
Boynton Beach, Florida 33435
Re: Authorization Letter
Dear Mr. Golden;
Please let this serve as our authorization that Mr. Craig
IJivinqston, Architect, will act on our behalf in regard to any
city approvals for the proposed work for The Two Georges Harbor
Hut Restaurant.
Sincerely,
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George Cufver
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CITY of
BOYNTON BEACH
(i.. ~) 100 [. O.,nton Om' Ol.d.
";, P.O. BOlC310
" r.... Boynlon Beach. florlda 33435.0310
. 14071734.8111
OFFICE OF THE PLANNING DIRECTOR
November 5, 1990
Mr. Craig Livingston
118 Southeast 4th Street
Boynton Beach, FL 33435
RE: Return of variance application submitted
Dear Mr. Livingston:
Enclosed you will find the parking lot variance application you
submitted to the Planning Department. Please be advised that
only variances to the Parking Lot Regulations are processed by
the Planning Department by completing the parking lot variance
application form. Variances to the Zoning Code, such as the
section from which you are requesting relief, are heard and
decided by the Board of Adjustment which is administered by the
Building Department, Al Newbold, on forms prescribed by that
department (Appendix A-Zoning, Section 10).
Also, please be advised that contrary to your reference made to
Planning Department Memorandum No. 90-103, page 3, note (1), the
City cannot reserve on-street parking to individual property
owners to meet off-street parking requirements. On-street
parking is available for use by the general pUblic. Your
reference was taken out of context. The subj'ect note details for
the Downtown Review Board that although the Water's Edge Marina
project was constructing parking spaces within the Casa Lorna
Boulevard right-of-way, the project was providing ample parking
on site.
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Very truly yours,
CITY OF BOYNTON BEACH
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TAMBRI J. HEYDEN
Assistant City Planner
TJH:cp
A:Craig
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Downtown Review Board of the CITY
OF BOYNTON BEACH, FLORIDA, shall meet at 7:30 P.M. on Tuesday,
September 11, 1990, at City Hall Commission Chambers, 100 East
Boynton Beach Blvd., Boynton Beach, to consider an application
for A PARKING LOT VARIANCE on the following described property:
Applicant:
Owner:
Legal
Description:
Location:
Variance
Requested:
Nature of
Variance
Requested:
Proposed
Use:
Craig Livingston
George Culver
Lots 1, 2, 3, 4, 5, and 6; and the east 15.35
feet of lot 7, Casa Lorna, according to the
plat thereof recorded in plat book 11, page 3
of the public records of Palm Beach County,
Florida.
728 Casa Lorna Boulevard
Section 5-138. SCOPE. These regulations
shall be applicable to all parking lots
constructed or reconstructed in the city. In
order to clarify the applicability of these
regulations, compliance is required under any
of the following conditions: (a) when a
parking lot serves an existing building (s )
where said building(s) is proposed to be
enlarged or when an additional building(s) is
proposed to be constructed.
As the new marina will supply parking along
Casa Lorna Boulevard, we request relief from
the requirement to have an on-s i te parking
lot.
Restaurant Expansion
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning & Zoning Board with respect
to any matter considered at this meeting will need a record of
the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH
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Barnett Technologies, Inc.
May 6, 1994
South Region Real Estate Services
1101 East Atlantic Boulevard
Pompano Beach. Florida 33060
305/786-3393 Fax
Two Georges, Inc.
728 Casa Loma Blvd.
Boynton Beach, Florida 33435
Attn: Mr. George Culver
Re: Barnett Bank - Boynton Beach Parking
1
Dear Mr. CUIV;YVj,.&
Please acJl!his letter as confirmation to extend your lease term for an
additionawear$with a one year option to renew. Would you please return your
check of $10.60 with the approval signature,
Term: One year 2-01-94 - 1-31-95
Option to renew: One year 2-01-95 - 1-31-96
Base rent: $10.00 lli ill
Sales tax: ~ MAY 2 5 1994
Total rent: $10.60
All other terms and conditions of the original lease remain uncnange . Please
sign below indicating your agreement to the aforesaid proposal and include a
copy of your current Certificate of Insurance. If you have any questions or
concerns, please do not hesitate to contact me at (305)786-3361.
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Secretary to Ronald P. Scagliola
Property Manager for
Barnett Bank of Palm Beach County
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APPROVED ~~~>(f!:.-c/'
DATE: ~'J---/;~/<?d ,....t~(;t~IVED
i ;,; f 1 ::. 1994
C1TYM~~he3KoDn:i=~
Very truly yours,
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MEMORANDUM
Sue
City Clerk
FROM: James, J. Golden, Interim Planning Director
DATE: August 9, 1990
SUBJECT: Two George's Harbor Hut Restaurant - Parking Lot
Variance
Accompanying this memorandum you will find a copy of the
application and related documents for the above-referenced
request for a variance to Section 5-138(a) "Scope" of Article
X-Parking Lots. Also enclosed is a check in the amount of $400
to cover the review and processing of this application.
A legal advertisement for this request will be prepared and
forwarded to your office in the near future.
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:PLANNING DEPARTMENT MEMORANDUM NO. 90-285
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TO: Chairman and Members
Downtown Review Board
FROM: James J. Golden
Interim Planning Director
DATE: September 4, 1990
SUBJECT: Two George's Harbor Hut - Parking Lot Variance
Section 5-145(c)(4) of the Code of Ordinances requires that when
a variance to Section 5, Article X, Parking Lots is requested,
the Technical Review Board must forward to the Downtown Review
Board a recommendation, and that the recommendation forwarded is
to be made part of the public hearing proceedings. To that end,
this memorandum is forwarded, consistent with Section
5-145(c)(4).
Craig Livingston, agent for George Culver, property owner, is
requesting a variance to Section 5-138(a) "Scope" of Article X -
Parking Lots, which requires compliance with the entire Article
when an existing building is proposed to be enlarged. In this
particular instance, the applicant is requesting relief from the
requirements of Article X in connection with a proposed second
story expansion of the existing restaurant. The restaurant is
located at the east end of Cas a Lorna Boulevard, adjacent to the
Intracoastal Waterway. For an explanation of the code
requirement, the nature of the variance requested, and the
variance justification, please refer to the attached Notice of
Public Hearing and application.
On Friday, August 31, 1990, the Technical Review Board (TRB) met
to review the plans and documents submitted and to formulate a
recommendation with regard to the variance requested. After
review and discussion, the TRB recommended that the variance
request be denied. The basis for this recommendation includes
the following:
1. The construction of the marina project combined with the
existing uses in the vicinity will generate a significant
demand for parking during peak hours of operation.
2. Traffic circulation in the vicinity is currently inadequate
and there is a lack of turn-around area at the end of Casa
Lorna Boulevard.
3. The applicant is proposing to share the parking spaces to be
provided along the south side of Cas a Lorna Boulevard which
are to be constructed by the developer of the Lighthouse
Square Marina project. There is no guarantee that the
marina project will be built. In addition, the number of
spaces provided along the south side of Casa Lorna Boulevard
will still be inadeqate to serve the existing businesses.
4. The Technical Committee is recommending that, as a proper
solution to the downtown parking problems, the Community
Redevelopment Agency investigate the construction of common
parking facilities to be shared by downtown businesses.
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A:PM90-285
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APPLICATION FOR VARI^NCES
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TO PARKING LOT REGULl\'l'lONS
City of Boynton Beach, Florida'
Planning and Zoning Board
This application must be filled out completely and accurately and
submitted in two (2) copies to the Planning Department. Incomplete
applications will not be processed.
Please Print Legibly or Type all Information.
1. Project Name of Site Upon Which Parking Lot is Located:
2. Date this Application is Submitted: utl.l.t'1 '2--1, ~o
3. Applicant's Name (person or business entity in whose name
this application is made) :
GE-Of2,Ge cvt,..V€~
12 i CASA ,LOjJA @&M)
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.LfDj- '7~~ - 4i1J
Address:
Phone:
4. Agent's Name (person, if any, representing applicant) :*
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lfo1-/3,- %af, ,
Address:
Phone:
* A letter from the applicant or owner authorizing the agent
is required.
5. Property Owner's (or Trustee's) Name:
GWm 'OJWf"12.
7'LCl. CASA lD/JV\ ~
~~atl a- ~3lf3}
Lfo1-13?-- WU
Address:
Phone:
6. Correpondence Address (if different than applicant or agent) *:
* This is the address to which all agendas, letters, and
other materials will be mailed.
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7. What is applicant's interest in the premises affected?
ow.MOr-
(Owner, Buyer, "Lessee, Builder, Developer, etc.)
8. Street Address or Location of Site Upon Which Parking Lot
is Located:
I') <6 CA.s~ LDMA f!zkv1i
9.
10.
11.
Legal Description of Site Upon Which Parking Lot is Located:
J&:r s
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Intended Use(s) of Site Upon Which Parking Lot is Located:
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Developer C1'f! P";]<,;!Qr:
&€Of:6e CU{,~i2-
12. Architect:
13.
14.
15.
16.
17.
18.
19.
Landscape Architect: ~/ft
Site Planner: V ~
Engineer: JOOrJ 6~ vp--'.
Surveyor: ~I L~\ll1f(L 2. 0' ~tJ
Traffic Engineer: ~OW G(2.A{\r(, \J.P-
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Copy of last recorded Warranty Deed included? (check) ~
'Lett~r'-~~'thoriz-i~g -~ge~t-- (-if-~~~) in-~luded? (ch~~k)-----'-"-7
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20. Site plan and survey (2 copies each) attached? (check)
, :~... ,---.-.- 21",-"- 'N~~'~" ;i-- ;~~i~~~~s r~q~'~~t~d on" th~ "f~llowing sheets:
It ;",
'2.
Note:
A separate sheet must be completed for each specific
design requirement (Sec. 5-141) or permit application
requirement (Sec. 5-142) to which a variance, is re-
quested.
Planning Dept. 5/82
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The undersigned hereby petitions the Planning and Zoning Board to
grant to the petitioner a variance to Article X "Parking Lots",
of Chapter 5, "Building, Housing and Construction Regulations," of
the Code of Ordinances of the City of Boynton Beach, Florida, as it
pertains to the property described in this application, and for the
reasons stated below: '
Section, Subsection, and Paragraph number of specific requirement
to which variance is requested, and exact language contained in
the Code:
Sec. s ~ \ 3~ SCDPE
~) W).1'EN ~ f>!C~ 'Vb '. Lor J'eILveS AN t::~STltlb
fjJlW(lliJ) ~,~O &cJ'L,f;>I~(s),IJ' P&lOposa
TD Be 61JLAf2.reD ()P- lIMeN AN k>o l""1U>J.kl,
1W\~(tfG. G) IS', Pp.oP1>seD '"to Be ~ST~u'~7eD j
Nature of Variance Requested: ~ '"'{U6 WW JNtp..(N~ plLDJ GCT
Wlw ~vYJ'lJ1 l/e-W p~tJ6 ~ ~A LoJ.U\ BUJJ>.,
-:W6 ~~!-1 p.a..le~ 1=l2oA 'Jlt..e ~(j)VIQ..C, M.f"td -rD
~ Af'I otl'S'lre P~tVG (or.
Statement of Special Conditions, Hardships, or Other Reasons Justi-
fying the Requested Variance (attach additional sheets if necessary) :
-me ~rre CQJFlMA-r~ IS 7<<) .s~ -to A~
otJ....~lte PKtl-1C(VG -co MCt;, cc~. ~E J.Nr.(j.;fIJ"'r
r~Je01 Wu.v O::NSiF-VC1' 'L1-SPAc,e l~ -ruE
~ '. Lowt .p.,o..w. 'Fe2- ~ Geo~6a UJ€.
(I) (We) understand that this application and all papers or plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Board.
(I) (We) hereby certify that the above statements and the state-
ments or showings made in any papers or plans submitted herewith
are true to the best of (my) (our) knowledge. This application
will not be accepted unless sign ow
Signature of Applicant or Agent
Date:
Planning Dept:. 5/82
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that tltp Downtown Review Board of the CITY
OF BOVNTON BEACH, FLORID1\, f'!li111 meet at 7:30 P.H, on Tuesday,
September 11, 1990, at cit.y Hall Commis~ion Chi1mhers, 100 F.a~t
Boynton RE'ach B1 vel., B0yntoll Rpach, to consider '(111 application
for A PARKING LOT VARIANCE on the following described property:
Applicant:
Owner:
Legal
Description:
Location:
Variance
Requested:
Nature of
Variance
Requested:
Proposed
Use:
Craig Livingston
George Culver
Lots 1, 2, 3, 4, 5, and 6; and the east 15.35
fpet of lot 7, Casa LomCl, according to till?
plat thereof recorded in plat book 11, page 3
of the public records of Palm Beach County,
Florida.
728 Casa Lorna Boulevard
Section 5-138. SCOPE. These regulations
shClll bf'> applicable to el11 p<\rking lots
constructed or reconstructed in the city. III
order to c 1 al- i fy the appl ic<\hi 1 i ty of the~e
regulCltions, compliance is required under any
of the following conditions: (a) When a
parking lot serves an existing building( s)
where :>Cltcl bt1ilding(~) is proposed to be
enlarged or when an additional bUilding(s) is
proposed to be constructed.
l\.s the new marina will supply parking along
Casa IJoma Boulevard, we request relief from
the requirement to have an on-site parking
lot.
Restaurant Expansion
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning & Zoning Board with respect
to any matter considered ~t this meeting will need a record of
the proceedings and for snch purpose may need to ensure that il.
verbatim record of the proceedings is made, which record include!'>
the testimony and evidence upon which the appeal is to be based.
SUZANNE H. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH
UBLISH: BOYNTON BEACH NEWS
AUGUST 23 & AUGUST 30, 1990
.
CCi City Mlnager
Mayor ~ City Commission
City Attorney
File
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PLANNING DEPT. MEMORANDUM NO. 90-293
TO: Johnnetta Broomfield
Community Improvement Director
FROM: James J. Golden
Interim Planning Director
DATE: September 12, 1990
SUBJECT: Downtown Review Board Meeting - September 11, 1990
.~
Please be advised that the Downtown Review Board met on Tuesday,
September 11, 1990 and took the following action:
1. Unanimously voted to delete Two George's Harbor Hut request
for a parking lot variance from the agenda based on the City
Attorney's written legal opinion that the variance request
was improper.
2. At the request of the applicant, unanimously voted to table
the request for sign approval for Superior Foods to allow
the applicant time to negotiate with a potential purchaser.
~""- J Ml
ES J. ~.?LDEN
'.
JJG:frb
cc: City Manager
C:PM90-293
728 CASA LOMA BLVD.
BOYNTON BEACH, FL 33435
V t.e (q jjuv ~~zt< /
I&!'-;;:jP , 0 ;;;;;r
Phone 732-4411
TWO GEORGES INC.
September 27, 1993
Dear Hr. Cutro:
This letter is to inform you that I am interested in
participating financially in the potential improvements to the
Right-of-Way of Casa Loma Blvd.
It is my undertsanding the City will lease land on the north side
of Casa Loma Blvd. from the Marina and then combine that land'
with the right-of-way to provide more and improved parking and
clean up the street.
I am willing to pay a reasonable amount for these improvements
based on a fair formula agreed to between the property owners on
the south side of the street. At this point, I understand the
estimated cost for these improvements is between $15,000 and
, '$20,000.
~-^._..--^
," ~- lhoUld be noted that I still retain my right to withdraw once
the final bids for the project have been received. This letter
will allow the City to move to the next step with some assurance
and prepare the needed drawings and specifications for building.
Thank you for your time and efforts in helping the businesses on
Casa Lorna Blvd.
A: ROW. frb ~
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