LEGAL APPROVAL
.
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
m
m
APPLICANT: BOYNTON COMMONS PCD
APPLICANT'S AGENT: Land Design South. agent for Bil1.Jilld Elsie Winchester
DATE OF HEARING BEFORE CITY COMMISSION: October 15. 1996
TYPE OF RELIEF SOUGHT: Requesting a variance to the City of Boynton Beach Land
Development Regulations. Chapter 23 - Parking Lots. Article II . Paragraph H- Driveways.
Subsection 5. Clearance at maior driveways to reduce the required distance of the interior
access aisle to the driveway on Old Boynton Road from 100 feet to 65 feet.
LOCATION OF PROPERTY: Southwest corner of Congress Avenue and Old Boynton
Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above. The City Commission having
considered the relief sought by the applicant and heard testimony from the applicant,
members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2.
The Appl}cant
.::L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "D" with the notation "Included".
4.
The Applipmt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
7.
Other:
DATED: October 15. 1996
,~A'A/<s:;?A: ~
Ci Clerk
Devord.Boynton Commons1
Parking Lot Var.
10/15/98
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'II~CTES
PL-\~~I~G A~D DE\'ELOP:\IE:'olT BOARD
BOY~TO~ BEACH. FLORIDA
OCTOBER 8. 1996
Mr. Aguila realizes that this is a small site and there is not a lot that can be done. However,
he pointed out that if you park on the west side of the building, you have to walk across the
drive aisle and the drive-through aisle to get to the side of the building that has a door.
There is no access to the building on the side where half of the parking is. He said he has
dealt with Waffle House. Checkers. Winn Dixie, and Walgreens at the corporate level and
at the design level and they can be convinced that it is in their best interests. as well as the
City's. to do a little more so that the back of the building that has such a prominent view
does not look like the back of the building.
Motion
Mr. Wische moved to approve Burger King's request for site plan approval to construct a
2.911 square foot restaurant with drive-thru on .918 acres within the Shoppes of
Woolbright PCD, subject to all staff comments. Mr. Elsner seconded the motion.
The motion was clarified as follows:
. Comment 9 - The applicant must stabilize rock at the beginning of construction. He
will have to do that after he gets his permit.
. Comments 11, 19 and 37 - will be agreed upon before Burger King opens. These
comments will be addressed when the applicant submits the drawings for the S.W.
8th Street median cut.
. Comment 23 - only the first lift of asphalt has to be provided before the Burger King
CO; and
. Comment 27 - the applicant does not have to screen the ramp from 1-95.
The motion carried 5-1. Mr. Aguila cast the dissenting vote. He felt we need to do
something with the north elevation. He pointed out that it is a very dominant, visible
elevation.
c. Other
Parking Lot Variance
1.
Project:
Agent:
Boynton Common PCD
Land Design South
19
'II:\TTES
PL-\~~I:\'G .-\:\10 DEVELOP:\tIE:\1T BOARD
BOY~TO:'i BEACH. FLORIDA
OCTOBER 8. 1996
Owner: Bill Ray Winchester and Elsie A. Winchester
Location: Southwest corner of Old Boynton Road and Congress
Avenue
Description: Request for a variance from the Land Development
Regulations, Chapter 23 - Parking Lots, Article II, Section
H.5 - Clearance at major driveways. to reduce the
required distance of the interior access aisle to the
driveway on Old Boynton Road from 100 feet to 65 feet.
At Mr. Lelonek's request. this item was postponed.
Motion
Mr. Aguila moved to postpone Item 7.C.1, Boynton Common PCD parking lot variance to
the November 12, 1996 meeting. Ms. Frazier seconded the motion, which carried 6-0.
Mr. Hagg requested that Mr. Lelonek provide the City with something in writing regarding
this item. Mr. Lelonek said he will be submitting something to the City within the next two
weeks. and he will get something in writing requesting a postponement within the next
couple of days. Mr. Haag asked him if there is going to be change in configuration where
we might have to readvertise this. Mr. Lelonek answered affirmatively.
Abandonments
2.
Project:
Flowers Bakery Warehouse/Distribution Center .
Quantum Park PID
Sam EI-Kholi
Spring Engineering, Inc.
Quantum Associates
First Eagle Developments, Inc.
West 15 feet of Lot 47-8 in Quantum Park
Request to abandon a 15 foot wide utility easement
located in the western part of Lot 47-8 of Quantum Park.
Agent:
Owner:
Applicant:
Location:
Description:
Motion
Mr. Wische moved to approve this request, subject to the one staff comment. Mr. Eisner
seconded the motion, which carried 6-0.
20
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-461
TO:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP 'Iiif-L
Planning and Zoning Director
FROM:
DA TE:
September 11, 1996
SUBJECT: Boynton Commons - Variance to Parking Lot Regulations
File No. PKLV 96-005 (100 foot throat)
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced case. A check in the amount of $400.00 to cover
the review and processing of an application request to vary one section of the parking lot
code has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the
City Attorney and City Manager. The requested variance is scheduled for the October 15,
1996 City Commission Meeting.
T JH:bme
Attachments
a:lglntboy.wpd
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice
or Legal Advertisement published and must be submitted to the Office of the City Attorney
eight (8) working days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and Zoning Department
PREPARED BY: Jerzy Lewicki DATE PREPARED:
September 11. 1996
BRIEF DESCRIPTION OF NOTICE OR AD: October 15. 1996 City Commission Hearing
Notice for PKLV 96-005 (100 foot throat) - Boynton Commons PCD
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Boarder, etc.)
STANDARD LEGAL AD in Palm Beach Post only
SEND COPIES OF AD TO: Applicant and Director of Planning and Zoning. Newspaper.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
~ - ~
(1) . ~~
(Department Head) ~
(2)
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:lglntboy.wpd
"'w~_
U p-
~'" PLANNING AND
, ..., ONING DEPT.
NOTICE IS HEREBY GIVEN that the CITY COMMISSION of the CITY OF BOYNTON
BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, October 15, 1996, at City Hall
Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider
an application for a PARKING LOT VARIANCE on the following described property:
NOTICE OF PUBLIC HEARING
ill
SR' 2 3 /99h
-.'
Applicant:
Boynton Commons Corporation
Agent:
Land Design South
Owner:
Bill Ray Winchester and Elsie A. Winchester
Location:
Southwest corner of Old Boynton Road and Congress Avenue
Variance
Requested:
Request for a variance from Chapter 23 - Article II, Paragraph
H.5 - "Clearance at major driveways", to reduce the minimum
distance from the street right-of-way line at any major ingress
driveway to any parking stall or to any interior access aisle
having direct access to such driveway from the required one
hundred (100) feet to sixty-five (65) feet.
Nature of
Variance:
The reduction of 35 feet to the above 100 foot requirement
from the property line to the closest driveway aisle is in
connection with a 213,650 gross leasable square foot,
proposed planned commercial development to be known as
Boynton Commons PCD.
Legal Description:
PARCEL 1
A parcel of land lying in section 19 of township 45 south, range 43 east, said parcel being
a portion of lots 39, 40, 41, 43 and 44, of the subdivision of section 19, township 45 south,
range 43 east, as recorded in plat book 7, page 19, of the public records of Palm Beach
County, Florida.
Said parcel being more fully described as follows:
Commencing at the southeast corner of section 19, township 45 south, range 43 east,
thence with a bearing of south 87032'47" west, along the south line of section 19, a
distance of 60.00 feet to a point on the west right-of-way line of Congress Avenue; thence
with a bearing of north 01022'43" west, along the west right-of-way line of Congress
Avenue, a distance of 300.00 feet to the point of beginning; thence with a bearing of south
87032'47" west, a distance of 390.00 feet; thence south 68003'48" west, a distance of
273.33 feet; thence north 02027'13" west, a distance of 41.60 feet; thence south 83016'46"
west, a distance of 269.64 feet to a point on Winchester Park Blvd.; thence with a curve
to the right along the east right-of-way line of Winchester Park Blvd., having a chord
bearing of north 08013'05" east, a radius of 21 93.99 feet, a central angle of 06059'36", and
an arc length of 267.79 feet; thence with a reverse curve to the left having a chord bearing
of north 05016'24" west, a radius of 2149.31 feet, a central angle of 12048'59", and an arc
length of 480.78 feet to a point; thence north 01006'06" west, along the east right-of-way
of Winchester Park Blvd. a distance of 223.72 feet; thence north 44022'08" east, a distance
of 35.64 feet, to a point on the south right-of-way line of Old Boynton Road; thence with a
bearing of north 89050'22" east, along the south right-of-way line of Old Boynton Road, a
distance of 763.72 feet; thence with a bearing of south 45046'11" east, a distance of 34.98
Boynton Commons Corporation
Page 2
feet to a point on the west right-of-way line of Congress Avenue; thence with a bearing
south 01022'43" east, a distance of 860.95 feet to the point of beginning.
PARCEL 2
AND
A parcel of land lying in section 19, township 45 south, range 43 east, Palm Beach County,
Florida, said parcel being a portion of tracts 44, 40, and 39, of the plat of subdivision of
section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the
public records of Palm Beach County, Florida, said parcel being more particularly
described as follows:
Commencing at the southeast corner of Section 19; thence north 01022'43" west, along
the east line of said section 19, a distance of 25.00 feet; thence south 87032'47" west,
along a line lying 25.00 feet north of (as measured at right angles to) and parallel to the
south line of said section 19, a distance of 60.00 feet to the point of beginning; said point
also being a point on the west right-of-way line of Congress Avenue; thence continue south
87032'47" west, along a line lying 25.00 feet north of (as measured at right angles to) and
parallel to the south line of said section 19, said line also being the north right-of-way line
of the L.W.D.D. lateral 24, as recorded in official records book 2370, page 1595 and 1596,
a distance of 510.31 feet; thence north 02027'13" west, a distance of 230.55 feet; thence
north 68003'48" east, a distance of 133.10 feet; thence north 87032'47" east, a distance
of 390.00 feet to a point on the west right-of-way line of Congress Avenue; thence south
01022'43" east, along the west right-of-way line of Congress Avenue, said line lying 60.00
feet west of (as measured at right angles to) and parallel to the east line of said section 19,
a distance of 275.00 feet more or less to the point of beginning.
PARCEL 3
AND
A parcel of land lying in section 19, township 45 south, range 43 east, Palm Beach County,
Florida, said parcel being a portion of tracts 44, 40, and 39, of the plat of subdivision of
section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the
public records of Palm Beach County, Florida, said parcel being more particularly
described as follows:
Commencing at the northeast corner of section 30, township 45 south, range 43 east;
thence with a bearing of south 87057'53" west along the north line of section 30, a distance
of 50.00 feet to a point on the west right-of-way line of Congress Avenue; thence continue
along the aforementioned course extended a distance of 937.65 feet to a point on the east
right-of-way line of the Mall Road; thence with a curve to the right along the east right-of-
way line of the Mall Road with a chord bearing of north 00059'06" west, a radius of 2193.99
feet, a central angle of 00039'01", and an arc length of 25.01 feet to a point; thence with
a bearing of north 87032'47" east, along a line lying 25.00 feet north of and parallel to the
south line of section 19, a distance of 285.00 feet, said point being the point of beginning;
thence with a bearing of north 02027'13" west, a distance of 183.78 feet; thence north
68003'48" east, a distance of 140.23 feet; thence south 02027'13" east, a distance of
230.55 feet to a point on a line lying 25.00 feet north of and parallel to the south line of
section 19; thence with a bearing of south 87032'47" west, a distance of 132.20 feet along
the south line of section 19, more or less to the point of beginning.
PARCEL 4
Boynton Commons Corporation
Page 3
AND
A parcel of land lying in sections 19 and 30, township 45 south, range 43 east, Palm Beach
County, Florida, said parcel being a portion of tracts 39, 40, and 44, of the plat of
subdivision of section 19, township 45 south, range 43 east, as recorded in plat book 7,
page 19, of the public records of Palm Beach County, Florida, and a portion of lot "A" block
1, and a portion of lot "A" block 2, of the subdivision of Palm Beach Farms Company Plat
No.8, as recorded in plat book 5, page 73, of the public records at Palm Beach County,
Florida, said lands being more particularly described as tollows:
Commencing at the southeast corner of said section 19; thence with a bearing of south
87032'47" west, along the south line of section 19, a distance of 60.00 feet to the point of
beginning, on the west right-at-way line of Congress Avenue; thence with a bearing of
south 01022'40" east, a distance of 17.50 feet, to a point; thence with a bearing of south
87032'47" west, along a line lying 17.50 feet south of and parallel with the north line of
section 30, a distance of 190.03 feet to a point; thence south 01022'40" east, a distance
of 42.50 feet to a point; thence south 87032'47" west, along a line lying 60.00 feet south
of and parallel to the north line of section 30, a distance of 450.89 feet to a point; thence
north 02027'13" west, a distance of 60.00 feet to the north line of section 30; thence
continue north 02"27'13" west, a distance of 25.00 feet to a point; thence with a bearing
of north 87032'47" east, along a line lying 25.00 feet north and parallel to the south line of
section 19, a distance of 642.52 feet to a point; thence with a bearing of south 01022'40"
east, a distance of 25.00 feet more or less to the point of beginning
Total area Parcels 1 through 4 equals 22.885 acres.
All interested parties are notified to appear at said hearings in person or by attorney and
be heard. Any person who decides to appeal any decision of the Planning and
Development Board or City Commission with respect to any matter considered at these
meetings will need a record of 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.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
a:lglntboy.wpd
PUBLISH: THE POST
SEPTEMBER 26, 1996
c: City Manager, City Attorney, City Commission, Planning, Files