AGENDA DOCUMENTS
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MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 12, 1996
Motion
Mr. Aguila moved to approve the minutes of the October 8, 1996 meeting. Vice Chairman
Golden seconded the motion, which carried 7-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final Disposition of Last Meeting's Agenda It~ms
Ms. Heyden reported the following:
· Boynton Festive Center Landscape Appeal - Approved by the City Commission
subject to all staff comments.
· Boynton Commons PCD Site Plan Approval - The Planning and Development Board
recommended that several comments be removed or reworded and a couple be
added regarding additional landscaping and screening. Prior to the City
Commission meeting, the Fire Department reexamined their comments and deleted
the one regarding the access to the rear of the Sports of Authority. With regard to
the turning radius behind Bed, Bath and Beyond and the other tenants in that area.
there was a typographical error in their memo. It was supposed to say, "diameter",
not "radius". Therefore, the plans were acceptable as drawn. However, they still
felt they needed rear access to that area. Therefore, the applicant agreed to locate
the standpipes at the corner and screen them with shrubs.
· Burger King Site Plan Approval - The City Commission approved this subject to all
staff comments and recommendations, in addition to the following:
· The design elements of the building will be the model for future outparcels
in that shopping center. The City Commission wants the mansard extended
all the way around the flat roof building. Therefore, we will expect that of
Discount Auto Parts and the outparcel to the north of it, which was supposed
to be Wal-Mart. Wal-Mart has backed out, so we do not know who that
tenant will be.
· Boynton Common PCD Parking Lot Variance - Postponed. The variance may not
be needed. We are working out some one-way issues on how to get access.
2
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
In response to Mayor Taylor's question, Ms. Day confirmed that there are six locations in Boynton
Beach that are eligible for the National Register. State grants are available to begin that process.
Mayor Taylor was very interested in the work that was done and feels this is a great step for Boynton
Beach to pursue. Boynton Beach is rich in history and we have many things to be proud.
Ms. Day is hopeful that this history can be used in the schools and libraries. People will be able to
see the places where history was made.
Mayor Taylor felt that by preserving history, we can bring back a sense of value to our children. He
thanked Ms. Day and Ms. Krassy for their work and said he is supportive of continuing this process.
Commissioner Bradley looks forward to the Commission directing staff to draw up an ordinance that
will designate a district if enough homes can be found in one area. as well as the six sites that may
be of National Registry capacity. It is very positive to realize that as time passes, more sites will be
eligible for this type of project.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ITEM.
Consensus
There was a consensus of the Commission to pursue drafting a historic preservation ordinance for
the City of Boynton Beach.
B.
Project:
Agent:
Owner:
Location:
Description:
East Ridge PUD
W. Keith Grant. John A. Grant, Jr., Inc.
Gary DeGraf, DeGraf, Inc.
East side of the intersection of NE 4th Street and NE 20th Avenue
REZONING - Request for master plan approval of 34 single-family
units in connection with a rezoning of 5.01 acres from R-3 to PUD
(Planned Unit Development) with a land use intensity of 7.00.
Mayor Taylor announced that the applicant has requested a 3D-day postponement.
Motion
Commissioner Titcomb moved to postpone Agenda Item VI-B to the November 19 City Commission
meeting. Commissioner Bradley seconded the motion which carried unanimously.
C.
Project:
Agent:
Owner:
Location:
Description:
Boynton Commons PCD
Land Design South
Bill Ray Winchester and Elsie A. Winchester
Southwest corner of Old Boynton Road and Congress Avenue
PARKING LOT VARIANCE - 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
8
~..,.."'" ~ _T~
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
Road from 100 feet to 65 feet.
Mayor Taylor announced that the applicant has requested a 3D-day postponement.
Motion
Commissioner Titcomb moved to postpone this item until the November 19 City Commission
meeting. Commissioner Bradley seconded the motion which carried unanimously.
D.
Project:
Flowers Bakery Warehouse/Distribution Center - Quantum Park
PID
Sam E.-Kholi, Spring Engineering, Inc.
Quantum Associates
West 15 feet of Lot 47B in Quantum Park
ABANDONMENT - Request to abandon a 15 foot wide utility
easement located in the western part of Lot 47B of Quantum Park.
Agent:
Owner:
Location:
Description:
City Manager Parker advised that the applicant will not be present, but is in agreement with staff's
comments contained in the back-up. Mayor Taylor also confirmed that the applicant contacted him
by telephone today to apologize for not being able to be present.
Motion
Vice Mayor Jaskiewicz moved to approve the request to abandon a 15' wide utility easement located
in the western part of Lot 47B of Quantum Park subject to all staff comments. Commissioner
Bradley seconded the motion which carried unanimously.
VII. PUBLIC AUDIENCE:
Scott Ganza. 709 Buttonwood Lane, is a member of the Sandalwood Homeowners' Association.
He explained that when one of the children in his community ran out into Miner Road today, it made
him realize that because of the extension, Miner Road will become even more busy than it is now.
There will be even less protection for the children because there is no buffer between the sidewalk
and the roadway. He requested that the City install a hedge to create a buffer to keep the children
out of the road.
Mayor Taylor explained that Miner Road is a County road. He suggested that Mr. Ganza ask the
County to install hedges even though he knows from prior experience that they do not do this.
James Miriana. 728 NE 8 Avenue, said he has appeared at several meetings to discuss the water
flooding problem on NE 7th Street from NE 7th Avenue to NE 9th Avenue. He said that over the
past weekend, he watched the Intracoastal flowing on 7th Street. It was necessary for him to wear
boots to walk up the street. Something needs to be done, and no one in the City does anything to
correct this situation. He has had Code Enforcement and the Engineering Department look at the
situation.
9
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
August 20, 1996
individual line items. He questioned whether those would be reflected as rejected or
approved. Ms. Heyden explained that if the Commission accepts Comments #57 through
61, the Planning and Development Board's comments are then reflected in the motion.
This includes the deletion of the comment to relocate Sports Authority. The Planning and
Development Board did not agree with that staff comment.
The motion carried 5-0.
B.
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Commons PCD
Joe Lelonek, Land Design South
Bill Ray Winchester and Elsie A Winchester
Southwest corner of Old Boynton Road and Congress
Avenue
PARKING LOT VARIANCE - 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 55 feet on the west side of the
two-way driveway.
Joe Lelonek. Land Desian South. said this variance is for an access aisle going out Old
Boynton Road. The applicant agrees with the conditions that were placed on the request.
Ms. Heyden had no comments to offer on this request.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Vice Mayor Jaskiewicz moved to approve the 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 55 feet on the west side of the two-way
driveway as per staff comments which Mr. Lelonek agreed to. Commissioner Tillman
seconded the motion which carried unanimously.'
C.
Project Name:
Agent:
Owner:
Location:
Kepner Drive
John and Tammy Ragno
City of Boynton Beach
Northeast corner of Kepner Drive (a.k.a. SE 7th Street)
15
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-421
Agenda Memorandum for
August 20, 1996, City Commission Meeting
TO:
Carrie Parker
City Manager
[) tWJ tt M.-1JL.;
Tambri J. Heyden, AICP ~ 7:d 11 '
Planning and Zoning Dire~torO
FROM:
DATE:
August 15, 1996
SUBJECT:
Boynton Commons PCD - PKLV 96-003
Parking Lot Variance (length of major driveway access
aisle)
Please place the above-referenced item on the August 20, 1996 City
Commission agenda under Public Hearing.
DESCRIPTION: Land Design South, agent for Boynton Commons
Corporation, contract purchaser, is requesting a variance to the
Land Development Regulations, Chapter 23 - Parking Lots, Article
II, Paragraph H - Driveways, Subsection 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 55 feet
on the west side of the two-way driveway. Boynton Commons is a
planned commercial development to be located at the southwest
corner of Old Boynton Road and Congress Avenue and is zoned PCD.
For further details pertaining to this request, pleae refer to
atached Planning and Zoning Department memorandum number 96-402.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval subject to the staff comments in Exhibit
"D" - Conditions of Approval.
TJH:dim
Attachments
xc: Central File
A: \CCAGPKLV ,BOY
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-402
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM: Michael E. Haag
Current Planning Coordinator
DATE: August 7, 1996
SUBJECT: Boynton Commons PCD - PKLV 96-003
Parking Lot Variance (length of major driveway access
aisle)
NATURE OF REQUEST
Chapter 23 - Parking Lots, Article I, Paragraph 3.B.3.d. of the
City of Boynton Beach Land Development Regulations, require that
when a variance to the parking lot regulations is requested, the
Technical Review Committee (TRC) must forward to the City
Commission a reGommendation that is to be made part of the public
record. This-change in parking lot variance procedure requiring
Commission action only became effective with the 1995 adoption of
the unified land development regulations. Although Planning and
Development Board action is not required, in cases where review by
the Board will not lengthen the approval process (such as this
request), the Commission is desirous of receiving the Board IS
recommendation.
Land Design South, agent for Boynton Commons Corporation contract
purchaser of the land to be developed as Boynton Commons, is
requesting a variance to the City of Boynton Beach Land Development
Regulations, Chapter 23 - Parking Lots, Article II, Paragraph H -
Driveways, Subsection 5.
H.5. "Clearance at major driveways. The ml.nl.mum distance from
the street right-of-way line at any major ingress or
egress driveway to any parking stall or to any interior
access aisle having direct access to such driveway shall
be one hundred (100) feet. II
Boynton Commons is located at the southwest corner of Congress
Avenue and Old. Boynton Road (see Exhibit "All - location map and
Exhibit "B" - proposed master plan) .
BACKGROUND
This request is being processed in connection with an application
for a substantial modification (a rezoning) to the Boynton Commons
Planned Commercial District (PCD). The variance request is to
allow the length of the access aisle, located on the west side of
the major driveway access aisle, to be 55 feet from the Old Boynton
Road right-of-way line rather than the code required 100 feet (see
Exhibit B - proposed master plan showing access aisle requiring
I
Page 2
Memorandum No. 96-402
Boynton Commons - PKLV 96-003
variance). The addition of the driveway on Old Boynton Road is one
of the master plan modifications proposed as part of the concurrent
rezoning application.
On November 21, 1995 the City Commission approved the latest
rezoning of the subject property from C-3 Community Commercial to
PCD Planned Commercial District}. The master plan approved with
the rezoning did not include a driveway on Old Boynton Road.
ANALYSIS
A copy of the parking lot variance application
applicant has been provided in Exhibit "C".
applicant's statement of justification.
submitted by the
It includes the
On Tuesday, July 30, 1996, the Technical Review Committee (TRC)
reviewed the plans and documents submitted. Discussions identified
safety issues resulting from the variance, as well as solutions.
The solutions ,(which the applicant has already agreed to) are
listed below. ~
1) Install a stop bar, stop sign and do not enter sign at
the intersection where the subject one-way access aisle
connects to the major driveway access aisle. (This is
due to the blind spot created by the angle of the one-way
access aisle.)
2) Eliminate the first two (2) parking spaces directly south
of where the one-way access aisle intersects the major
driveway access aisle. (This will lengthen the distance
between the access aisle and parked cars backing into the
driveway off of Old Boynton Road.)
RECOMMENDATION
The TRC recommends approval of the variance request as depicted on
Exhibit "B" which includes the traffic diverter located at the
intersection of the subject major driveway and Old Boynton Road,
and subject to the recommendations identified in the above
analysis. The attached Exhibit "D" enumerates all conditions of
approval recommended by staff and other comments related to the
driveway variance.
TJH:meh:dim
xc: Central File
A: PKLOTVAR. COM
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CITY or BOYNTOH IBACH, FLORIDA
PLAHlUHCI Ii ZONING BOARD
?I HltllnG "ND
'IH-IING OEPT.
APPLICA'l'IOI ftJI! VAUMCBS
IfO PAllUHG un RBGULA'lIORS
This applicatioD mot be filled out caaplet.ly and
accura~elY u4 auba1ttecl 1n two (2) copies to the Planning
Departllellt.. tD~let. .ppl1catiODs will Dot be proce.sed.
Pl.... Print Legibl~ ozo TnHI All IntonaatioD.
1. Project: If_ of Slte Upon Whicb Parking Lot ill Lacatech
Boynton Commons
2.
Date Tbie Application le SUbmitted.
7/19/96
3. Applicant.'. Naae (per.on or busine.. entity iD who.. Dame
this application 1s made)1 Boynton Commons Corporation
7040 Palmetto Park Rd., Ste.302
Address I
Boca Raton, FL 33433
PbODe: ( 4 07) 4 82- 8 3 1 0
I"ax.
(Zip Code)
(407) 487-8724
4. Agent' 8 Rame 'person, if any. representing appUcant)a.
Land Design South
Mdr.ss:
1280 N. Congress Ave., Ste 215
West Palm Beach, FL
33409
PhoDe: (407) 478-8501 Fax;
* A let.tar frma the applicant or owner authorla1ng t:he agent
J.. required.
s. Property owner' 8 (or Trustee'.) Rame:
Bill Ray Winchester and Elsie A. Winchester. his wife
Addr..s. P.o. Draw~r J240
Boynton R~R~h_ F~ 1141~
(zlp Code)
Pbone:
paz:
,. Corz:..paDd.~ Addr... (if different than appl1can~ or
avellt) **1 .
Send to aaent
** 1'bi. i. the addrea. to vhJ.ab a11 agend_, letters, aDd
otber ..terial. wi11 he ..lled.
PLAHHIRG DEft. - J~ary 1991
Aa1JkLotVar
-8
(21
7. What i8 ~plic&Dt'8 intere8t in the pr~... .ffea~ed7
Contract purchaser
r owner, Bqyer, Les.ee, Builder. Developer. eta.)
8. Stree~ A44r... of LaaatiOD of Site Upon Which Parking Lot i.
Located.
South of Old Bovnton Road betwe~n WncheRh=>r Pi'lrk R 1 ",'1
and Congress Ave.
,. Legal De.~rl~loD of Site Upon Whicb parting Lot 1. Loaated.
See attached boundary survey and legal description.
10. Intende4 Us.I.) of Site Upon Which Parking Lot 1s Located:
Parking for commercial I retail groups
11. Developer or Builder I
Boynton Commons. Inc.
12. Architect I
Marc Weiner
13. Landscape Architect.
Bob Bentz I Land Design ~(,)IJ~h
14. Site Planner:
Marc Weiner I Land Design ~(')l1~h
15. Bogineer:
16. 8ur98yQZ'1
Wantman Group - Joel Wantman
Atlantic Carribbean - Don Todd
17.
18.
19.
20.
21.
Traffic KIlOin.erl Kimley Horn - Joe Pollock
COW of la.t recorded WarraJlty Deed inclUded? (Check)
Letter authorl.1DG a~.nt (it any) !Deluded? (abaak) v'
S1ta plan aDd survey (2 copt.. each) attAched? (cbeck)
.....r af varianc.. rllCJU..~ecJ on the ~ollawiDg sheets.
v
v--
1
1l1O'.rII.
A HPU'ate ...t aiR be capleted foE' .aah IIp8Glfia
~.:t:~~--t (Sea. 5-141) or peE.it: appl1Cl1a~cm
r at. CSea. a-l..2) to which. varianoe i.
r:...te4.
AIPkLo~Var
&f
(3)
'the undeZ'81gae4 b.~.b7 "t:l~lon. t:be PlaDDlng and loning Board to
grant to tbe P8~itJ.oner a "ariance to Article X "Parking Lots",
of Chapter: 5. "Building, ROUSing and COnstructl0D Regula~lonB",
of the Code of Ordinances of the City of Boynton Beacb, Florida,
a8 it pertains to the property de8cr1be4 in this applicatioD, and
for tbe raa.ou stated below.
section, subseot:laa, and Paragraph Dumber o~ specific requirement
to which variance 1s reque8ted, and exact language contained in
the Coda,
~ f!ef2. Z ~. ~"tc:.t..e..zr, C;(:Gl\ol\.1 tf.
5. Clearance at major ~riveways. The minimum distance
from the street right-af-way line at any major
ingress or egress driveway to any parking stall or to
any interior access ais~e having direct access to
such driveway shall be one hundred (100) feet.
-
Nature af V~iana. Reque8tedl
to the above requirement of 100' from property line to
Client requests a variance of 45'
first drive aisle. Plan shows approximately 551.
Statement of Special CODd1t10n8, Hardships. or other reasons
JustifYinG the Requested Variance (attacbed additional sheets if
necessary)_ .
The drive aisle which is located less than 100' from the
property line on the access from Old Boynton Road is
being limited to traffic existing from behind the building
only. This traffic will be limited, it will have to stop
before turning right only to go south through the center, and traffic
utilizing the north/south access fran Old Boynton Road will be' less than
the ~or access_ points fran CongresSi. Rd. & Winchester Parkway-.
(I) ...) er.UIkt Ulilt thi. appllc.t~oD and all paper. or p~.D.
~tte4 herewith bea~ . par~ of tile p.1:III&D.nt: r.carda of the
Planning aDd IQDiDg Boar4.
(I) (We) bere_ certify ~h.~ tile Do". a1:a1:_Dt. aDd tbe
8tatemeD~. OJ: .hawlng. ...s. ia any paper. or plans IlUbaitt:e4
_rev! tb are t:ru.e to the lNIat af C.) r our) bowledg.. This
application vJ.ll DOt be _~ bolaw.
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E X H I BIT "D"
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1
II
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Commons
File number: PKLV 96-003
Reference: The plans consist of 2 sheets identified as 2nd Review. Parking
Lot Variance File # PKLV 96-003 with a July 19. 1996 Planning and Zoning
Department date stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
DEVELOPMENT DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
1. Install a stop bar, stop sign and do not enter
sign at the intersection where the one-way access
aisle connects to the major driveway access aisle
off of Old Boynton Road.
2. Eliminate the first two (2 ) parking spaces
directly south of where the one-way access aisle
intersects the major driveway access aisle.
3. Install the traffic diverter shown on the master
plan at the intersection of the major driveway to
the site proposed on Old Boynton Road that will
restrict traffic flow to right-in and right-out
only.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
4 . NONE
ADDITIONAl.. CITY COMMISSION CONDITIONS
5. To be determined.
TJH:dim
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/02
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD MEETING
AGENDA
DATE:
Tuesday, August 13, 1996
TIME:
7:00 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1. Pledge of Allegiance.
2. Introduction of Mayor, Commissioners and Board Members.
3. Agenda Approval.
4. Approval of Minutes.
5. Communications and Announcements.
A. Report from the Planning and Zoning Department
1) , Final disposition of last meeting's agenda items.
6. Old Business:
None
7. New Business:
A. PUBLIC HEARING
Rezonina
1. PROJECT NAME: Boynton Commons PCD
AGENT:
Land Design South
OWNER:
Boynton Commons Corporation
LOCATION:
Southwest comer of Congress Avenue and Old Boynton
Road
DESCRIPTION:
Request to amend the original PCD master plan to increase
the total square footage from 186,130 to 213,650 separate
square footage from the main building into a fourth, leased
outparcel building, replace the 5,000 square foot leased
outparcel bank building with an 8,000 square foot leased
outparcel video store, reduce the size of the leased outparcel
restaurant building from 7,500 square feet to 5,000 square
feet, relocate the drugstore drive-thru to the north side of the
outparcel building, add a driveway onto Old Boynton Road
and delete a driveway on Congress Avenue.
Page 2
Planning and Development Board
Agenda, August 13, 1996
B. APPEALS
Community Desi~n Plan Appeal
1. PROJECT NAME: Blockbuster Video
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
C. OTHER
-'
Parkin~ Lot Variance
Will Sherrod
Anchor Awning & Signs
Blockbuster Entertainment
Boynton Lakes Plaza - southeast comer of Congress Avenue
and Hypoluxo Road
Request to appeal the Community Design Plan to allow
back-lit awnings.
1. PROJECT NAME: Boynton Commons PCD
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Abandonment
Joe Lelonek
Land Design South
Bill Ray Winchester and Elsie A. Winchester
Southwest comer of Old Boynton Road and Congress
Avenue
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 55 feet on the west side of
the two-way driveway.
2. PROJECT NAME: Kepner Drive
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
John and Tammy Rango
City of Boynton Beach
Northeast comer of Kepner Drive (a.k.a. S.E. 7th Street).
Request to abandon the eastern portion of the cul-de-sac
located at the northern terminus of Kepner Drive (a.k.a.
S.E. 7th Street).
Page 3
Planning and Development Board
Agenda, August 13, 1996
8. Comments by members
9. Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND
DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT TIllS MEETING
WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY
TO P ARTICIP A TE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375-6013 AT LEAST
TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLE ACCOMMODATE YOUR REQUEST.
xc: Central File
a:P&DAug.Agn
7.C.1
PARKING LOT VARIANCE
BOYNTON COMMONS PCD
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-402
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM: Michael E. Haag
Current Planning Coordinator
DATE: August 7, 1996
SUBJECT: Boynton Commons PCD - PKLV 96-003
Parking Lot Variance (length of major driveway access
aisle)
NATURE OF REQUEST
Chapter 23 - Parking Lots, Article I, Paragraph 3.B.3.d. of the
City of Boynton Beach Land Development Regulations, require that
when a variance to the parking lot regulations is requested, the
Technical Review Committee (TRC) must forward to the City
Commission a recommendation that is to be made part of the public
record. This change in parking lot variance procedure requiring
Commission action only became effective with the 1995 adoption of
the unified land development regulations. Although Planning and
Development Board action is not required, in cases where review by
the Board will not lengthen the approval process (such as this
request), the Commission is desirous of receiving the Board 1 s
recommendation.
Land Design South, agent for Boynton Commons Corporation contract
purchaser of the land to be developed as Boynton Commons, is
requesting a variance to the City of Boynton Beach Land Development
Regulations, Chapter 23 - Parking Lots, Article II, Paragraph H -
Driveways, Subsection 5.
H.5. "Clearance at major driveways. The minimum distance from
the street right-of-way line at any major ingress or
egress driveway to any parking stall or to any interior
access aisle having direct access to such driveway shall
be one hundred (100) feet."
Boynton Commons is located at the southwest
Avenue and Old Boynton Road (see Exhibit "A"
Exhibit "B" - proposed master plan) .
corner of Congress
- location map and
BACKGROUND
This request is being processed in connection with an application
for a substantial modification (a rezoning) to the Boynton Commons
Planned Commercial District (PCD). The variance request is to
allow the length of the access aisle, located on the west side of
the major driveway access aisle, to be 55 feet from the Old Boynton
Road right-of-way line rather than the code required 100 feet (see
Exhibit B - proposed master plan showing access aisle requiring
I
Page 2
Memorandum No. 96-402
Boynton Commons - PKLV 96-003
variance). The addition of the driveway on Old Boynton Road is one
of the master plan modifications proposed as part of the concurrent
rezoning application.
On November 21, 1995 the City Commission approved the latest
rezoning of the subject property from C-3 Community Commercial to
PCD Planned Commercial District). The master plan approved with
the rezoning did not include a driveway on Old Boynton Road.
ANALYSIS
A copy of the parking lot variance application
applicant has been provided in Exhibit "C".
applicant's statement of justification.
submitted by the
It includes the
On Tuesday, July 30, 1996, the Technical Review Committee (TRC)
reviewed the plans and documents submitted. Discussions identified
safety issues resulting from the variance, as well as solutions.
The solutions (which the applicant has already agreed to) are
listed below.
1) Install a stop bar, stop sign and do not enter sign at
the intersection where the subject one-way access aisle
connects to the major driveway access aisle. (This is
due to the blind spot created by the angle of the one-way
access aisle.)
2) Eliminate the first two (2) parking spaces directly south
of where the one-way access aisle intersects the major
driveway access aisle. (This will lengthen the distance
between the access aisle and parked cars backing into the
driveway off of Old Boynton Road.)
RECOMMENDATION
The TRC recommends approval of the variance request as depicted on
Exhibit liB II which includes the traffic diverter located at the
intersection of the subject major driveway and Old Boynton Road,
and subject to the recommendations identified in the above
analysis. The attached Exhibit "D" enumerates all conditions of
approval recommended by staff and other comments related to the
driveway variance.
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PREPARED FOR BOYNTON COMMONS. INC. SOUTH S-
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SENT BY:
7-16-96 3:40PM
Boynton Bch fax'"
40'1 4'/U ~o I";~ "
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CITY or BOYNTOH BBACH, FLORIDA
PLANNING Ii ZONING BOARD
PI H!NING ANO
'~!ilNG OEPT.
APPLlCAUQR I'Ol! VAllIANCBS
m PARKING un RBGULA'l'IOltS
This application must be fi1led out completely and
accurately aDd aubll1t.ted ill two C 2) copies to the Planning
Department. IncClll'lete appllcatiODs will not be processed.
Please Print Legibly or ~ All I~ormatlon.
1. Project: Ita.me of Site Upon Which Parking Lot i8 Located:
Boynton Commons
2.
Date This Application 18 SUbmitted:
7/19/96
3. Applicant's Name (person or busines8 entity in whOBe name
this application is made): Boynton Commons Corporation
7040 Palmetto Park Rd., Ste.302
Address:
Boca Raton, FL 33433
Phone: ( 4 0 7) 4 82- 8 3 1 0
Faxt
(Zip code)
(407) 487-8724
4. Agent's Hame (person, if any. representing applicant)..
Land Design South
Mdress:
1280 N. Congress Ave., Ste 215
West Palm Beach, FL
33409
Phone:
(407) 478-8501
Fax;
· A letter fram the applicant or owner authorizing the agent
is required.
s. Property owner' 8 (or '.rrustee' s) RaDle:
Bill Ray Winchester and Elsie A. Winchester. his wife
Address: P.o. Draw~r 1240
Boynton Rp.~r.h, PI. 1141l:l
(Zip Code)
Phone:
Pax:
6. Corre.poDdanca Mdr... (if different t:baD applicant or
a(,lent)**:
Send to aoent
** Th1.. 1. the adcl%'e.. to whiob all avend..., letters, and
otber materi.l. will be ...11ed.
PLANNING DEft. - Jan~ary 1991
A:PkLotVar
-1
(2)
7. What i8 applicant's interest in the premises affected?
Contract purchaser
rowner, Buyer, Lessee, Builder, Developer, etc.)
8. Street Address of Location of Site Upon Which parking Lot i.
Located:
South of Old Bovnton Road between Wnche!'ltF~r P~rk Rl mi
and Conqress Ave.
9. Legal >>eacription of Slte Upon Which Parking Lot 1. Located:
See attached boundary survey and legal description.
10. J:ntende4 Use(s) of Site Upon Which Parking Lot is Located:
Parking for commercial/retail groups
11. Developer or Builder;
Boynton Commons. Inc.
12. Architect:
Marc Weiner
13. Lllildscape Architect:
Bob Bentz / LaVd Desiqn f;Ollt-h
14. Site Planner:
Marc Weiner / Land De!'liqn !=:nnt-h
15. Engineer:
Wantman Group - Joel Wantm~n
Atlantic Carribbean - Don Todd
16. surveyor;
17. Traffic EDGineerl
Kimley Horn - Joe Pollock
18.
19.
COpy of last recorde4 Warranty Deed inclUded? (check.)
/
Letter authorizing agent (if any) !.Deluded? (cbeck)
v
20. Site plan and 8urvey (2 caples each) attached? (cbeck) /
21. llulllber of variances r~..ted OD the following sheet.. 1
Ra.rBa A separate sbeat: 1IlU.~ be ccmpleted for .aoh IIp8Clfia
dIIaign requirement (Sea. 5-141) or peJ:ait. appliaaucm
re4Ul~D.~ (Saa. 5-142) t.o which. variance i.
r8qUe.ted.
A:PkLotVar
~
(3)
The undersigned hereby petition. the Planning and Boning Board to
grant to the petitioner a variance to Article X "Parking Lots",
of Chapter: 5. "Bul1cUng, Housing and COnstruction Regulations",
of the Code of Ordinances of the City of Boynton Beach, Florida,
a8 it pertalns to the property described 1n this application, and
for: the r...OD8 s~ated below;
Section, Subsection, and Paragraph number of specific requirement
to which variance i8 requested, and exact language contained in
the CodSt
~PTerz.
5.
z ~. ~11c..Le..zr I c:; E::Gllol\J H.
Clearance at major ~riveways. The minimum distance
from the street right-of-way line at any major
ingress or egress driveway to any parking stall or to
any interior access ais~e having direct access to
such driveway shall be one hundred (100) feet.
Nature of Variance Requested;
Client requests a variance of 45'
to the above requirement of 100' from property line to
first drive aisle. Plan shows approximately 55'.
Statement of Special Conditions, Hardships, or other reasons
Justifying the Requested Variance (attached additional sheets if
necessary): .
The drive aisle which is located less than 100' from the
property line on the access from Old Boynton Road is
being limited to traffic existing from behind the building
only. This traffic will be limited, it will have to stop
before turning right only to go south through the center, and traffic
utilizing the north/south access from Old Boynton Road will be less than
the major access~ points from Congresfi, Rd. & Winchester Parkway:.
(I) (.e) Wider.tend tbilt this app11cat1oD and all papers or p~.n.
subll1.tted herewith became a part of i:he ptlrmanent recorda of the
planning ancl zODing Board.
(I) (We) hereby certify that the above atat_at. and the
statements or shavings made in IlJq' papers or plans subaitted
herewith are true to the beat of (my) (our) knOWledge. This
_licat:1oD vill DDt: be ~ below.
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E X H I BIT "D"
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EXHIBIT "D"
Conditions of Approval
Project name: Boynton Commons
File number: PKLV 96-003
Reference: The plans consist of 2 sheets identified as 2nd Review. Parking
Lot Variance File # PKLV 96-003 with a July 19. 1996 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
DEVELOPMENT DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
1. Install a stop bar, stop sign and do not enter
sign at the intersection where the one-way access
aisle connects to the major driveway access aisle
off of Old Boynton Road.
2. Eliminate the first two (2 ) parking spaces
directly south of where the one-way access aisle
intersects the major driveway access aisle.
3. Install the traffic diverter shown on the master
plan at the intersection of the major driveway to
the site proposed on Old Boynton Road that will
restrict traffic flow to right-in and right-out
only.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
34. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
35. To be determined.
TJH:dim
a:BCcondap.wpd
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CORRESPONDENCE
Y: ;.~
%e City of
~oynton tJ3eacli
100 'E. 'Boynton 'Beadr. 'Bouievartf
P.O. 'Bo~310
'Boynton 'Buun., 1'forida 33425-0310
City:Hail: (407) 375..(j()()()
1'JU: (407) 375-6090
August 12, 1996
--=-
Land Design South
1280 North Congress Avenue, Suite 215
West Palm Beach, Florida 33409
Attn: Joe Lelonek
Re: Boynton Commons PCD
Property Location: Southwest corner of Congress Avenue and Old Boynton Road
File No.: REZN 96-001 and PKLV 96-003
Dear Mr. Lelonek:
The attached package will be presented to the Planning and Development Board on Tuesday,
August 13,1996 (see attached agenda) and then to the City Commission the following week
(August 20, 1996).
The applicant must understand that the permit plans shall be amended to comply with the
final determination of the request and that additional comments may be generated by staff
following their review for technical compliance of permit documents that are required to be
submitted for development of the project.
For the applicant's convenience, attached is a list of documents required for permit submittal.
An approval of the site plan by the City Commission shall be valid for one (1) year, unless a
building permit from the Building Department is secured. If the applicant fails to secure a
building permit in that time, all previous approvals shall become null and void.
Vr; truly yours,
J-k0/JltL~Lte..
Jib"
-i"ambri J. Heyden, AICP
Planning and Zoning Director
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July 24 19 6 PLANNING AND ",{{;,:-', ,
, , NING DEPt '-~ .
LAKE WORTH DRAINAGE DISTRICT
~-^--~,~I
, -.....,..
13081 MILITARY TRAIL
DELRAY BEACH, FLORIDA 33484
Tambri J. Heyden, Director
City of Boynton Beach
Planning and Zoning Department
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Ms. Heyden:
Subject:
Technical Review Committee Agenda
The Lake Worth Drainage District offers the following comments regarding the item(s)
on the July 30, 1996 meeting agenda:
1. Boynton Common PCD - Parking Lot/Driveway Variance - No objections.
As always, we thank you for being given the opportunity to comment.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
~t~
Chief Inspector
SJW/mfb
Delray Beach & Boca Raton 498-5363 . Boynton Beach & West Palm Beach 737-3835 . FAX (407) 495-9694
Boan:l of Supervisors
C. Slanley Weaver
Kermit Dell
John I. Whitworth III
SecrelalylManager
William G. Winters
Assistant Manager
Richard S. Wheellhan
Attorney
Perry & Schone. P,A,
~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-386
TO:
Sue Kruse
Ci ty Clerk It .}. JJ .", 1
~o >J\'.I}IrJ..\.-L~
Tambri J. Heyden, AICP .':j, ,'y.
Planning and Zoning Dire tor?:7y
FROM:
DATE:
July 22, 1996
SUBJECT: Boynton Commons PCD - Parking Lot Variance (100 foot
throa t)
File No. PKLV 96-003
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 the
above parking lot variance 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 variances are scheduled for the August 20, 1996 City
Commission Meeting.
TJH:bme
Attachments
a:legalntl,COM
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: Planninq and Zoninq Department
PREPARED BY: Michael Haaq
DATE PREPARED: Julv 22, 1996
BRIEF DESCRIPTION OF NOTICE OR AD: City Commission
Hearinq Notice for PKLV 96-003 (meetinq August 20, 1996)
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 Planninq and
Zoninq, Newspaper.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S} TO BE PUBLISHED: To be determined bv City Clerk
APPROVED BY:
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(1) ~/~ .~~~
(Department Hea
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ate) /
(2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:LegalNtl.COM
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the CITY COMMISSION of the CITY OF
BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, August
20, 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:
Applicant:
Agent:
Owner:
Location:
Variances
Requested:
Nature of
Variance
Requested:
Legal Description:
Boynton Commons Corporation
Land Design South
Bill Ray Winchester and Elsie A. Winchester
Southwest corner of Old Boynton Road and
Congress Avenue
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 a
proposed driveway on Old Boynton Road from 100
feet to 55 feet on the west side of the two-
way driveway.
Client requests a reduction of 45 feet to the
above requirement of 100 feet from the
property line to the first driveway aisle, in
connection with a 213,656 gross leaseable
square foot, proposed planned commercial
development (to be known as the Boynton
Commons PCD)
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 2193.99
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
Boynton Commons Corporation
Parking Lot Variance
File No. PKLV 96-003
Page 2
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
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
Boynton Commons Corporation
Parking Lot Variance
File No. PKLV 96-003
Page 3
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
68003'4811 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 '
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 I, 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 of Palm Beach
County, Florida, said lands being more
particularly described as follows:
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-of-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 87032'4711 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
Boynton Commons Corporation
Parking Lot Variance
File No. PKLV 96-003
Page 4
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"27'1311 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 01022'4011 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
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PREPARED FOR BOYNTON COMMONS. INC.
BOYNTON BEACH. FLORIDA
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