AGENDA DOCUMENTS
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-371
Agenda Memorandum for
July 16, 1996, City Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J. Heyden, AICP -fi;il.l
Planning and Zoning Direc~'
TO:
DATE:
July 11, 1996
SUBJECT: Riverwa1k Shopping Plaza a.k.a. Causeway Square -
COUS 96-003, Conditional Use drive-through for
Wa1greens (west side)
Please place the above-referenced item on the July 16, 1996 City
Commission agenda under Public Hearing.
DESCRIPTION: Mike Carey I contract purchaser of the Causeway Square
shopping center, zoned C-3 and located at 1600 S. Federal Highway,
is proposing to renovate the existing center constructed in 1960.
Part of the renovation includes conditional use approval to add a
drive-through facility on the west side of Walgreens to serve the
pharmacy, a new 4,115 square foot restaurant on a leased outparcel
and 10,130 square feet to the east end of the shopping center;
demolition of 11,061.95 square feet of floor space to replace with
parking; demolition of 5,000 square feet of mezzanine within the
east building, and modification of the existing driveways and
parking layout.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval of this request, subject to the comments
in Exhibit "D" Conditions of Approval. The Board is
recommending that comments 3, 7, 9, 12, 18, 19, 20, 21, 24, 29 be
deleted and that instead of CabbagejSaba1 Pa1ms, Laurel Oaks be
planted in the six (6) interior islands. Also, the Board
recommends that the Federal Highway pedestrian crosswalk be
relocated south of the north driveway on Federal Highway. However,
with respect to this last Board recommendation, FDOT approval is
necessary to relocate the crosswalk. In the event the FDOT does
not allow relocation, it is recommended that a pedestrian signal be
installed at the north driveway. This signal wording has already
been added to the comment (#84).
TJH:dim
Attachments
xc: Central File
a:CCAgCQUS.Riv/2
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-352
TO:
Chairman and Members
Planning and Development Board
~,J
Tambri J. Heyden j0f"-J-
Planning and Zoning Director
THRU:
FROM:
Michael E. Haag
Current Planning Coordinator
DATE:
July 3, 1996
SUBJECT:
Riverwalk Shopping Plaza a.k.a. Causeway Square - COUS 96-003
Conditional use - drive-through for Wa1greens (west side)
INTRODUCTION:
Mike Carey, contract purchaser of the Causeway Square shopping center,
is proposing to renovate the existing center, which was constructed in
1960. Part of the renovation includes conditional use approval to add
a drive-through facility on the west side of Walgreens to serve the
pharmacy. This request is being reviewed consistent with Chapter 2 -
Zoning of the city's land development regulations, Section 6. C. 1. b.
and Section 6. B. 1. qq. which requires conditional use approval for
drive-through services for drug stores.
The 9.55 acre site is located approximately 150 feet south and east of
the southeast corner of US No. 1 and Woolbright Road (see attached
Exhibit II All - location map) and is zoned C-3, Community Commercial I
with a local retail commercial land use classification. The
following modifications are proposed to the site as illustrated on
Exhibit liB II - survey of the existing facility and 1984 site plan and
Exhibit IICII - proposed site landscape plan:
Addition of a two-lane drive-thru to the west side of the
Walgreens tenant space for pharmacy use.
Addition of a new 4,115 square foot leased outparcel
restaurant building.
Addition of 10,130 square feet to the existing K-Mart tenant
space for a new grocery store.
Elimination of 5,000 square feet of mezzanine from within the
K-Mart tenant space.
Elimination of 10,321 square feet of building area from the
east end of the building where Walgreens is located and
replace it with parking spaces.
Elimination of 740.95 square feet of building area from the
north side of the K-Mart tenant space and replace it with
parking spaces.
Redesign of the covered walkway located on the north and east
sides of the building where Walgreens is located.
Addition of a covered walkway to the north and west sides of
the building where K-Mart is located.
Deletion of the existing north driveway onto U.S. NO.1.
Modification of the existing entrance driveways.
Modification of the existing traffic flow and parking lot
layout.
Modification and addition of interior and perimeter
landscaping.
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Page 2
Memorandum No. 96-352
Riverwa1k Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
As a result of the renovation to the shopping center, which includes
adding 14,245 square feet of retail floor area and omitting 16,061.95
square feet of floor area, the existing total gross floor area of
126,007.93 square feet will be reduced to a total of 124,190.93 square
feet, a net reduction of 1,816.95 square feet. An additional 295.29
square feet of gross floor area for an electric room can be deducted
from the total gross floor area to yield the gross leasable floor area
which is the floor area used to determine the number of required
parking spaces.
SURROUNDING LAND USES AND ZONING DISTRICT: (see Exhibit "A" - location
map)
North -
Woolbright Road and farther north is an existing multi-
family unit development, zoned R-3, Multi-Family
Dwelling district.
South -
Undeveloped land, zoned R-3 and undeveloped land and
developed land abutting U.S. No.1, zoned C-3.
East
Intracoastal Waterway and undeveloped land, zoned C-3.
West -
U. S. No. 1 and farther west is a developed shopping
center, zoned C-3.
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2. D of the
Zoning Code contains the following standards to which conditional uses
are required to conform. Following each of these standards is the
Planning and Zoning Department's evaluation of the application as it
pertains to the standards:
The Planning and Development Board and City Commission shall
consider only such conditional uses as are authorized under the
terms of these zoning regulations and, in connection therewith,
may grant conditional uses absolutely or conditioned upon provisos
including, but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks, as shall be
determined necessary for the protection of the surrounding area
and the citizens' general welfare, or deny conditional uses when
not in harmony with the intent and purpose of this section. In
evaluating an application for conditional use, the Board and
Commission shall consider the effect of the proposed use on the
general health, safety and welfare of the community and make
written findings certifying that satisfactory provision has been
made concerning the following standards, where applicable:
1. Ingress and egress to the subj ect property and proposed
structures thereon, with particular reference to automobile
and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
Pedestrian access is being provided from US No.1. There are
five (5) driveways leading to the parking and vehicle use
areas. Three driveways are on US No. 1 and the other two
are on Woolbright Road. To promote safer traffic flow, the
applicant is removing the north driveway on US No.1. The
improvements to the site activate the parking lot regulations
which requires all driveways to be designed consistent with
current regulations. However, the applicant is requesting,
concurrent with this application, approval of two (2) parking
lot variances pertaining to the driveways. They are as
follows:
Driveways:
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Page 3
Memorandum No. 96-352
Riverwalk Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
i. distance from streets, to reduce the required distance
from the intersection of US No. 1 and Woolbright Road
from 180 feet to 158.5 feet
11. clearance at major driveways, to reduce the required
distance of the interior access aisle to the west
driveway on Woolbright Road from 100 feet to 25 feet the
existing middle driveway on US No. 1 from 100 feet to 87
feet and 25 feet for the north and south aisles,
respectively.
To provide safer vehicle ingress and egress to the site, the
Technical Review Committee (TRC) recommends, as part of their
review of the variance requests, that both the west driveway
on Woolbright Road and the middle driveway on US No. 1 be
closed and a new driveway designed to meet city regulations
be constructed along US No. 1 between the north side of
Walgreens and the south side of the bank outparce1 (see
Planning and Zoning Department Memorandum No. 96-359
regarding parking lot variances) .
2. Off-street parking and loading areas where required, with
particular attention to the items in subsection 1 above, and
the economic, glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties I and the city
as a whole.
City records indicate that 457 parking spaces are required
for the shopping center. This figure is based on a parking
ratio that was in effect at the time the center was
constructed. Since the proposed renovation does not add
square footage that would generate a need to provide
additional parking spaces, the 457 spaces are grandfathered
as the total number required. A total of 603 spaces are
being provided on site. Applying the current parking ratios
for shopping centers (1 parking space per each 200 square
feet of gross leasable floor area), the 123,895.64 square
feet of gross leasable floor area would require 620 parking
spaces. See Exhibit "D" Conditions of Approval - Planning
and Zoning Department staff comments for additional comments
regarding parking spaces.
3. Refuse and service areas, with particular reference to the
items in Subsection 1 and 2 above.
Upon compliance with staff comments the refuse and services
will be acceptable to staff. In general, several dumpster
enclosures require reorientation and loading areas need to be
enlarged.
4. Utilities, with reference to locations, availability, and
compatibility.
Existing sewer facilities are provided by an on-site private
lift station. The proposed changes to the project will not
create a negative impact on water service. A relocation and
abandonment of a utility easement, located at the northeast
corner of the proposed future expansion of the Winn-Dixie
tenant space, will be required prior to construction of the
new floor area in that area. The water and sewer service
for the future outparcel restaurant building will be
evaluated at time of site plan review of the restaurant.
5. Screening, buffering and landscaping with reference to type,
dimensions I and character.
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Page 4
Memorandum No. 96-352
Riverwa1k Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
A buffer wall is being provided along the south property line
where the subj ect commercia11y- zoned property abuts
residentially-zoned property. Landscaping is deficient in
some areas and the trees and hedges required for the
perimeter and interior landscape areas will comply with code
upon compliance with staff comments. Screening for proposed
roof-top equipment will be provided at time of permit review.
6. Signs, and proposed exterior lighting, with reference to
glare, traffic safety, economic effect, and compatibility and
harmony with adjacent and nearby properties.
The signage submitted is missing the detail necessary for a
sign program. Numerous recommendations are included in the
staff comments to provide compliance with the sign code and
the community design plan. Staff comments also contain minor
changes necessary for compliance with the building and site
regulations. Site lighting will be evaluated at time of
permit review and staff is recommending shields for light
poles that are adjacent to residential property.
7. Required setbacks and other open spaces.
The existing structures and proposed new outparcel building
comply with the C-3 zoning, and site regulations.
8. General compatibility with adjacent properties, and other
property in the zoning district.
The existing facility has not generated adverse comments with
the exception of maintenance of the parking facility. The
proposed modifications will eliminate the maintenance issues
and the proposed modifications are not anticipated to change
compatibility with adjacent properties.
9. Height of buildings and structures, with reference to
compatibility and harmony to adjacent and nearby properties,
and the city as a whole.
The height of the existing and proposed new structures are
compatible and in harmony with the adjacent existing
residential and commercial structures.
10. Economic effects on adjacent and nearby properties, and the
city as a whole.
No negative economic effects are anticipated since the
purpose of the proposed construction is to have a no net
increase in square footage.
11. Conformance to the standards and requirements which apply to
site plans, as set forth in Chapter 19, Article II of the
City of Boynton Beach Code of Ordinances. [Part III Land
Development Regulations Chapter 4] .
Compliance of permit drawings with attached staff comments
will provide conformance to the above-referenced
requirements.
12. Compliance with, and abatement of nuisances and hazards in
accordance with the Performance Standards, Section 4 of the
zoning regulations; also, conformance to the City of Boynton
Beach Noise Control Ordinance.
No additional effect is foreseen.
The Code Enforcement
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Page 5
Memorandum No. 96-352
Riverwalk Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
Division of the Police Department indicated that there have
not been any complaint. relative to the exiating use.
RECOMMENDATION:
The Planning and Zoning Department recommends approval of this
conditional use request, subject to the comments included in Exhibit
"D" Conditions of Approval. The Technical Review Committee
recommends that the deficiencies identified in this exhibit be
corrected on the set of plans submitted for building permit.
MEH:dim
xc: Central File
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EXHIBIT liD"
Conditions of Approval
Project name: Riverwa1k Shopping Plaza a.k.a. Causeway Square
File number: COUS 96~OO)
ReferencelThe ~lans eonsist of a sheets identified as 2nd Review.
Conditional Use Annrova1. File # COUS 96-003 with a June 7. 1996
P1annina and Zoning Department date stamn markina.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. The dumpster enclosure located at the
northeast corner of Winn-Dixie needs
to be reconfigured so it faces south.
This will allow sanitation equipment
easy access, as well as providing a
much safer approach.
2. The dumpster enclosure located at the
outbuilding in the northwest corner
needs to be turned more to the east to
allow access by public works vehicles.
I UTILITIES None I I I
Comments:
FIRE
Comments:
3 . It is recommended that the old
entrances and exits from the center be
redesigned pursuant to the TRC parking
lot variance recommendations to better
serve the project. A redesign could
also provide adequate "throats" at
entrances.
POLICE
Comments:
4. It is recommended to change the
traffic flow on the access aisle
located west of the Walgreens tenant
space to one-way southbound and change
the parking layout from 900 to
diagonal designed parking spaces.
This design would alleviate traffic
crossing in front of on-coming traffic
that is entering the drive-through
lanes.
5. It is recommended that the existing
south driveway located on US No. 1 be
widened to allow large inbound
delivery vehicles to access the site
without conflicting with vehicles
exiting the site. An alternative is
to change the traffic flow at the
driveway and along the rear of the
south building to one-way westbound.
ENGINEERING DIVISION
Comments:
/1
Page 2
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DEPARTMENTS INCLUDE REJECT
6. All plans submitted for specific
permits shall meet the City's code
requirements at time of application.
These permits include, but are not
limited to the following: site
lighting, paving, drainage, curbing,
landscaping, irrigation and traffic
control devices. Permits required
from agencies such as the FDOT, PBC,
SFWMD and any other permitting agency
shall be included with your permit
request.
7. Provide Traffic Impact Analysis.
Chap.2, Sec. 9C4h(5) , pg. 2-85.
8. Provide a master stormwater management
plan. Chap.3, Art. IV, Sec. 3T, pg. 3-
6.
9 . Provide certification by Developer's
Engineer that drainage plan complies
with all city codes & standards.
Chap.6, Art. IV, Sec. SA, pg. ,6 - 7 and
Chap. 23, Art. IIF, pg. 23-8
10. Parking lot section must conform to
City code. Chap. 6 I Art. IV, Sec. 10F,
pg. 6-12
11. County and/or state permits required
for construction in R.O.W. Chap. 6,
Art. VII, Sec. 4B, pg. 6-24
12. Parking lot must comply with LDR
Chapter 23 because building is
proposed to be constructed. Chap.23,
Art.I, Sec. 2, para. A, pg. 23-1
13. Provide a satisfactory lighting plan.
Chap. 23, Art. IIA, pg. 23-6
14. Photometrics must be approved for both
pedestrian and parking lot lighting
before permits can be issued. Chap.
23, Art. IIA1a, pg. 23-6
15. Certify that light poles are in
compliance with Standard Building Code
and can withstand a 110 mph wind load.
Chap. 23, Art. IIA1a, pg. 23-6.
16. Provide stop signs and stop bars in
accordance with the "Manual on Uniform
Traffic Control Devices" . Chap. 23,
Art. IIB2, pg. 23-7.
17. Concrete curbs must conform to City
standards. Chap. 23, Art. IIE, pg. 23-
7.
18. Stormwater shall be contained on site.
Certify that no stormwater will enter
the intracoastal thru the existing
seawall. Chap. 23, Art. IIF, pg. 23-8
IS
Page 3
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
CSlPAA'fMlllNTS I NCI.,'OOE ~2JECT
19. Parking lot driveways must be 180 feet
from intersection of right-of-way
lines except at local streets. Chap.
23, Art. 11, para. H3, pg. 23-8
20. Major driveways must have 100' clear
to first access aisle. Chap. 23, Art.
IIH5, pg. 23-9
21. Close access to "First Federal S & L
Bank" . Chap. 23, Art. II, I(2), pg.
23-9
22. Provide required fire lane markings
and signage. Chap. 23, Art. 11M, pg.
23-9
23. Demolition permit will be required.
SBC 103.1.1, pg. 6
24. It is recommended that the width of
the three east/west aisles west of the
proposed Winn Dixie store be reduced
from 30' to 27' . Reduce the width of
the aisle in front of Walgreems from
30' to 24' . Use the surplus width to
create two or three pedestrian paths
between the wheel stops for a safe
access path from the parking lot to
the Winn Dixie store.
25. Provide engineer's certification that
the seawall is structurally sound and
needs no repair.
26. It is recommended that "Right Turn
Only" markings be installed on the
Woolbright outer lane from U.S. No. 1
to the first driveway subject to
County approval.
27. It is recommended removing the three
parking stalls next to the striped
pedestrian path from the "Major 3"
building to Winn-Dixie and align the
path with the existing sidewalk.
BUILDING DIVISION
Comments:
28. After reviewing the plans for the
subject project, Building Division's
first review comments on signs still
remain. The size of the sign shall
include the square footage within the
border and must be shown on the plans
for approval.
I PARKS AND RECREATION I I I
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
/6
Page 4
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DEPARTMB:NTS
29. The applicant should have a written
permit from the appropriate
environmental regulatory agency(s) for
stormwater drainage into the
Intracoastal Waterway. The agency(s)
may not allow the reduction in on-site
containment of stormwater or may
require certain types of drainage
filtering structures to be installed
for the project.
30. The applicant has requested credit for
the existing hedge/fence structure
along the south property line abutting
the McDonald's Restaurant facility.
The existing buffer is acceptable
except for an existing space in the
hedge of 6-8' in width. The applicant
must fill in this space with a
matching size of Ficus Benjamina hedge
plants to complete the existing
hedgeline.
31. The applicant has also requested
credit for the existing hedge on the
perimeter of the Nationsbank
outparce1. The existing buffer is
acceptable.
PLANNING AND ZONING
Comments:
32. Modify the plans to show compliance
with the final determination of the
parking lot variance, file number PKLV
96-002, regarding the distance the
west driveway on Woolbright Road is
located from the intersection of US#l
and Woolbright Road. Also indicate
with a note on the plan the file
number (PKLV 96-002) and the date the
City Commission made the final
determination.
/1
I NCI..tJ'O!il
REJECT
Page 5
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
OEPARTMENTS
33. Modify the site plan and landscape
plan at the following interior
property line locations to show a
continuous landscape strip that is a
minimum of 2.5 feet wide. Also
specify and show on the landscape plan
that within the landscape strip there
is a continuous hedge that contains
hedge material that is spaced a
maximum of 2 foot on center and at
time of installation the plants are 18
inches tall:
i. south property line between the
west end of the existing hedge on
the abutting property to the
south and the landscape area west
of the dumpster area located
along the south property line
(Note: The dumpster is located
within an easement, relocate the
structure) and
ii. the southeast corner of the site
east of Local Retail "A".
34. The applicant has requested to use the
existing hedge on the adjacent
property to satisfy the on-site
abutting property perimeter landscape
requirement. The request is for two
areas as noted on the site plan and
landscape plan. One area is along the
south property line starting at the
southwest corner of the site and
extending east approximately 315 feet.
The other area is the interior
property line where the subject site
abuts the south and east sides of the
adjacent bank property located at the
corner of US#l and Woolbright Road.
The city forester made a field
inspection of these areas and has
indicated that the existing landscape
area and hedges are acceptable with
the exception of some openings in the
hedge along the north property line of
the site that is adjacent to the south
property line of the subject property.
In order for the applicant to receive
credit for existing landscape areas
located on the adjacent site the
missing plants shall be installed.
The applicant shall indicate on the
site plan and landscape plan what will
be done to enable the nonconforming
area to meet the landscape strip and
landscape material requirements.
/8
INCLUDE
REJECT
Page 6
Conditional use approval
Riverwalk Shopping Plaza
co us 96-003
DEPARTMiNTS
35. Where the parking spaces are
identified as 16 feet long, show and
identify a symbol that represents the
location of the remaining two (2) foot
of the required 18 foot long parking
space. The two (2) foot portion of
the parking space that is over a
landscaped area or sidewalk shall not
reduce the width of the landscape area
or sidewalk below minimum regulations.
36. Identify on the site plan the degree
of the proposed diagonal parking
spaces. Also dimension no less than
the required access aisle width for
the diagonal spaces.
37. Add to the elevation view drawings the
cooler area that is shown on the site
plan located south of the Winn-Dixie
tenant space and east of Local Retail
"A". Also specify the exterior
material and colors consistent with
the remainder of the building.
38. To comply with setback regulations
regarding height of walls or fences,
change the height of the dumpster
enclosures from six (6) foot six (6)
inches to six (6) feet. Also identify
the color of the stucco walls of the
enclosure and include the color of the
material proposed for the required
gates.
39. It is recommended that the dumpster
enclosures be enlarged to accommodate
recycling receptacles. Contact the
Department of Public Works for the
minimum inside dimensions of
enclosures for recycling material.
/1
INCLUOE
REJECT
Page 7
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DE~ARTM~NTS
40. Add to the site plan a legend that
identifies the non-labeled symbols
depicted on the site plan. If there
are site lighting poles located with
the parking areas, show, identify and
dimension the size of the pole base.
The base of a site lighting pole is
the only structure that may encroach
into a parking space. The number of
encroachments allowed per parking
space is one (1) and shall be located
in the front corner of a space. The
plan view shape of the encroachment is
a triangular area. The maximum size
of the triangular area shall not
exceed a triangle with a base and
height of more than one (1) foot.
Remove all other encroachments, such
as trees. It is recommended that the
landscape areas, shown on the
landscape plan, that include a tree
and encroach into a parking space be
moved to the areas identified as
basket corrals.
41. Show and identify on the site plan a
symbol that represents the location of
the curbing required to protect the
landscaping. The location and type of
curbing shall comply with city codes
and standards.
42. Modify the plans to show compliance
with the final determination of the
parking lot variance, file number PKLV
96-002, regarding the distance an on-
site access aisle is located from the
right-of-way line at the west major
driveway on Woolbright Road and the
north major driveway on U8#1. Also
indicate with a note the file number
(PKLV 96-002) and the date the City
Commission made the final
determination.
43. Add to the site plan a typical
striping detail drawing showing the
regular and handicapped parking space
striping in compliance with the city's
standard drawing B-90012.
20
INCLUCS
REJECT
Page 8
Conditional use approval
Riverwa1k Shopping Plaza
COUS 96-003
OSPARTMINTS
44. Show on the site plan how the traffic
flow for the two lanes of vehicles
that are exiting the drive-thru lane,
located west of the Walgreens, merge
into the parking area traffic without
causing conflicting turn movements.
It is recommended that the drive-thru
area be moved north. Moving the
drive-thru structure to the north
would allow the two exit lanes to be
designed to merged into one lane that
would stop at a stop sign prior to
entering the two-way access aisle that
allows on-site traffic to travel along
the south property line. The design
shall include a curbed landscape
island that would be located along the
east and west sides of the drive-thru
exit aisle. The curbed islands would
divert the vehicles into one lane.
45. It is recommended that to avoid
blocking the access aisle north and
east of the drive-thru lane that the
stacking area accommodate two rows of
back to back cars. This will require
a reduction in the size of the
landscaped area proposed on the west
side of the Walgreens tenant space and
north of the drive-thru.
46. Since the requested elevation view
drawings of the pylon signs were not
submitted, a separate site plan
modification approval will be required
prior to permit review of the signs.
)/
INCLUDE
REJECT
Page 9
Conditional use approval
Riverwa1k Shopping Plaza
COUS 96-003
DEPARTMENTS
47. The following sign criteria is
recommended for the site (this
criteria has been established
consistent with the community design
plan regulations) .
i. Color - Color of the sign faces
for all signs shall be limited to
white, black, bronze and red.
ii. Style of the signage - The style
of signage for all signs shall be
limited to channel letters.
iii. Style of lettering - The style
of all lettering shall be limited
to and match the style depicted
on the submitted drawings.
Nationally registered copy is
also allowed with written
verification of national
registration.
iv. Non-word depictions - Non-word
depictions incorporated within
the signage or separately shall
be limited to 20% of the area of
the sign. The style of the non-
word depicted signage shall be
incorporated into a box sign.
v. Location of site and wall signage
- The location of the signage
shall comply with the regulations
specified in the sign code and
community design plan.
vi. Size of site and wall signage -
The maximum overall vertical
height of all signage comprised
of a single line of copy or
multiple lines of copy shall not
exceed 5' 6". This overall
height includes the height of
non-word depiction signage.
vii. Illumination - All signage,
including non-word depiction
signage, shall be internally
illuminated.
viii. Trim cap and returns - It is
recommended that the trim cap and
returns of all signs match.
Specify on the plan the color of
the trim cap and returns.
ix. Color of mounting fixtures - It
is recommended that the color of
the mounting hardware match the
color of the wall or surface the
sign is mounted on.
J~
INCLUDE
REJECT
Page 10
Conditional use approval
Riverwa1k Shopping Plaza
caus 96-003
DiPARTMINTS
47. Continued
Provide the color code and
manufacturer's name for the white,
black, bronze and red sign colors.
Also add the above listed sign
criteria to the site plan drawing and
the elevation view drawings that
depict signage to document the
approved sign program.
48. Show on the site p1an, a symbol that
represents the location of the buffer
wall required along the south interior
property line. The buffer wall is
required where the subject commercial
zoned property abuts the adjacent
residential zoned property. Also
include a typical detail section
drawing of the buffer wall including;
height of wall, location relative to
the property line, type of material
and color specifications. A~l data
shall be identified consistent with
the buffer wall requirements
identified in the zoning code.
49. Submit for review, front elevation
view drawings of "Retail A". Also,
include on the drawings the color
name, color code and color
manufacturer for all exterior
materials depicted on the drawing.
50. Add to the elevation view drawings and
plan view site plan drawings the
location and height of all roof
mounted equipment. The code requires
all roof mounted equipment to pe
screened, so as not visible from view
from a distance of 600 feet. Where
applicable, show and describe on the
elevation view drawings the location,
type, height and color of the required
screening. It is recommended that the
color of the required equipment
screening match the color of the walls
of the building and that the screening
material have the same texture and
finish as the walls of the building.
51. Submit a current survey of the site.
Also submit a copy of the recorded
cross access agreements referenced on
the site plan that allow cross access
between the subject property and the
abutting bank property located at the
northwest corner of the site and the
vacant property located in the
northeast and southeast corners of the
site.
~3
INCLUDE
REJECT
Page 11
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DEPARTMENTS
52. Identify on the site plan and
landscape plan the location, size and
type of easement of record and the new
easements proposed for the site.
Please note that trees are not allowed
within an easement. Amend the
landscape plan accordingly.
53. Show and dimension on the landscape
plan a 1ine-of-sight triangle on the
north side of the south ingress/egress
located on US No.1.
54. Add to the site plan symbols, notes
and dimensions that identify the
location and width of the proposed
sidewalks leading to the building from
the adjacent right-of-way and
sidewalks at the outparcel building.
55. An abandonment and relocation of the
utility easement located in the
northeast corner of the proposed
future expansion of the Winn~Dixie
tenant space will be required prior to
a permit being issued to add building
square footage in this area.
56. Prior to construction of the drive-
through lane and window, permit plans
shall be modified to comply with
Ordinance 96-31 (current regulation
for drive-up or walk-up windows) or a
complete appeal application for relief
from the community design plan shall
be filed and approved by the
Commission.
57. Show and specify on the landscape
plan, hedges (18 inches tall and 2
foot on center) on the subject site
along the west and north property
lines of the land identified as N.I.C.
that is abutting the southeast corner
of the subject site. Also show and
dimension the 2.5 foot wide landscape
strip that is part of the required
landscaping.
58. Modify landscape note number 6 as
follows: "If quantities differ
between the plan and material
schedule I the spacing specifications
identified on the plan shall govern.
Requests to change the location of
material, planting specifications
and/or species of landscape material
shall be processed by filing the
proper permit application with amended
landscape documents to the Building
Division of the Development
Department."
J1
INCLUDE
REJECT
Page 12
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DEPARTMENTS
59. In order to determine whether the
1,311 square foot reduction in floor
area, as referenced on the site plan,
is accurate, add to the site data
chart a separate column that
identifies a breakdown of the existing
gross and leasable square foot floor
area of all buildings including 1st
floor, 2nd floor and mezzanines. Also
add to the proposed square footage
data, the total gross and leasable
square footage floor area for all
buildings. Indicate on the site plan
within the building footprint of each
tenant space the number of stories and
whether there is a mezzanine. If the
proposed total gross square footage
(square footage of all roofed and
walled structures) exceeds the present
total gross square footage, a traffic
analysis shall be submitted for
verification that the proposed new
square footage meets the Palm Beach
County Traffic Performance Standards.
Please note that total project gross
square footage is used for determining
compliance with the code and whether a
traffic analysis is required. Gross
leasable square footage is used to
determine the quantity of required
parking spaces. The only square
footage shown on the submitted plans
that can be deducted from the project
gross square footage I to establish
total leasable square footage, is the
meter room shown on the Winn-Dixie
floor plan located in the southeast
corner of the building. Amend the
site data to show existing and
proposed total gross leasable floor
area and total gross floor area.
60. The site plan indicates one-way
traffic is proposed for the southeast
corner of the site and along the rear
of the Wa1greens tenant space. Show
on the plan the location of the one-
way traffic control signs and pavement
markings that will properly control
the traffic flow.
2~
INCLUDE
REJECT
Page 13
Conditional use approval
Riverwa1k Shopping Plaza
COUS 96-003
DEl?ARTMBlNTS
61. Vehicles that deliver goods to the
loading areas located at the rear of
Winn-Dixie are semi-tractor trailers,
with an average length of 55 feet.
However, the city standard for loading
spaces is only 35 feet long.
Therefore, it is recommended that both
loading areas be redesigned to reflect
a loading area that is large enough to
accommodate a semi-tractor trailer
backed up to each of the two loading
docks without reducing the back-up
space and/or access aisle of the
traffic flow in the area below minimum
standards.
62. Clarify the footprint of the building
at the rear of the Winn-Dixie space,
with respect to location of 1st floor,
mezzanine and loading area. The solid
lines found on the site plan make it
difficult to identify the layout of
the rear of the tenant space: Amend
the site data accordingly.
63. As indicated on the plans, the
configuration of the site plan
submitted does not match the submitted
floor plan for the east portion of the
Winn-Dixie tenant space. Amend the
plans accordingly.
64. Prior to building permit approval,
submit a completed and Palm Beach
County recorded unity of title that
shows joining of the two (2) existing
properties that comprise the site.
Unity of title forms are available in
the Building Division of the
Development Department.
65. To ensure that vehicles park correctly
in the diagonal parking spaces located
at the rear of the south building, it
is recommended that a landscape island
be shown on the plans at both ends of
the diagonal spaces located at the
rear of "Major 3" and at the north end
of the diagonal parking spaces located
at the rear of Winn-Dixie tenant
space. See also comment number 71.
66. Remove from the site plan and
landscape plan the text and building
footprint shown on the abutting
property that is located in the
northeast corner of both plans. The
land is not included with the current
submittal and is currently vacant
land. Development on this abutting
property will require a separate site
plan review application.
;/.h
INCLUOE
REJECT
Page 14
Conditional use approval
Riverwa1k Shopping Plaza
COUS 96-003
I DEPARTMENTS
67. Modify the handicapped parking space
oomputations to reflect no less than
the two (2) percent of the total
spaces provided as handicapped. Also
show on the plan no less than the
required number of handicapped parking
spaces. It is recommended that the
distribution of handicapped parking
spaces include providing spaces east
of the retail spaces identified as
Retail "e" and Retail "D".
68. Remove from the site data the
reference to Board of Adjustment case
#58. Also omit from the required
parking space entry the number 562 and
replace it with 457. Four hundred
fifty seven (457) parking spaces is
the number of spaces referenced in
case #58 as the total number of
parking spaces provided for the
shopping center when it was
constructed. Since the proppsed
modification does not add square
footage to generate a need for
additional parking spaces, the 457
spaces are grandfathered as the
required number of spaces.
69. Since the required number of parking
spaces for the entire site is 457 and
603 are proposed I it is recommended
that the following parking lot changes
be allowed to create a safer traffic
flow through out the site:
i. omit the bank of 7 and 4 parking
spaces located west of the
northwest corner of the Wa1greens
tenant space and create one-way
south bound traffic with
additional curbed landscaped
areas replacing the omitted
parking spaces,
ii. omit the bank of 4 parallel
parking spaces located adjacent
to the rear of the Walgreens
tenant space and replace with a
curbed landscaped island that
includes palm trees,
ii. omit the bank of 4 diagonal
parking spaces located adjacent
to the south side of Retail "D"
and
iii. omit the bank of 4 diagonal
parking spaces located along the
east property line, south of the
southwest corner of the Winn-
Dixie tenant space.
~7
INCLUDE
REJECT
Page 15
Conditional use approval
Riverwa1k Shopping Plaza
COUS 96-003
DEPARTMENTs
70. It is recommended that the photometric
plan provide for shields to prevent
glare onto adjacent properties and
rights-of-way.
71. It is recommended that additional
trees or palms be added to the
landscape islands located north of
Major 3 and Retail C, and in the
sodded areas east of the outbuilding.
72. It is recommended that if the
landscaping shown on the plans within
the US NO.1 right-of-way is not needed
as a result of the proposed milling
and resurfacing of US No.1 that the
material be placed along the approach
to the Woolbright Road bridge over the
Intracoastal.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
73. Delete Comment 3.
74. Delete Comment 7.
75. Delete Comment 9.
76. Delete Comment 12.
77. Delete Comment 18.
78. Delete Comment 19.
79. Delete Comment 20.
80. Delete Comment 21.
81. Delete Comment 24.
82. Delete Comment 29.
83. Instead of Cabbage/Saba1 Palms,
install Laurel Oaks in the six (6)
interior islands referenced in comment
40.
84. The pedestrian crosswalk within
Federal Highway shall be relocated
south of the north project driveway on
Federal Highway. If this is not
permitted by FDOT then a pedestrian
signal shall be installed at the north
driveway on Federal Highway.
ADDITIONAL CITY COMMISSION CONDITIONS
85. To be determined.
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CONDITIONAL USE APPROVAL 7-9-96
RIVER WALK SHOPPING PLAZA
The Developer accepts all 'Conditions of Approval) and win revise the design to satisfy
the conditions except for the following conditions that are addressed as per the variance
requests currently pending, These comments are summarized as follows:
Variance for length of access aisle.
3. Redesign the parking lot entrance,
12. Parking Lot LDR ) requiring redesign of entrance,
20. Major driveways require 100) clear to first access aisle
Variance for Driveway entrance distance from intersection of US No. l.
19. Requirement that driveway be 180) from intersection,
Variance for 2.5 inches of onsite containment to .5 inches of containment
9. Drainage plan on site containment requirement of2S'
18. Stormwater onsite containment requirement of2,5"
29. Stormwater onsite containment requirement of2,5"
Comment number 7 requests Traffic Impact Analysis. The Chapter and Section
indicated do not pertain to our requests but to rezoning, The square footage is not being
increased therefor no impact analysis is required, However a signed and sealed traffic
statement has been submitted as part of this application,
Comment number 21 is unclear as to which driveway is being discussed. The closing of
any more driveway is unnecessary and requires NCNB' s approval,
No change to application, '
Recommendation 24 requests reduction of the 30' aisles to 27', The design meets and
exceeds code and is a requirement of the tenant.
No change to application,
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7.A.l
CONDITIONAL USE
RIVERWALK SHOPPING CENTER F.K.A.
CAUSEWAY SHOPPING CENTER
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-352
TO: Chairman and Members
Planning and Development Board
THRU: Tambri J. HeYden~jJ-
Planning and Zoning Director
FROM: Michael E. Haag
Current Planning Coordinator
DATE: July 3, 1996
SUBJECT: Riverwalk Shopping Plaza a.k.a. Causeway Square - COUS 96-003
Conditional use - drive-through for Wa1greens (west side)
INTRODUCTION:
Mike Carey, contract purchaser of the Causeway Square shopping center,
is proposing to renovate the existing center, which was constructed in
1960. Part of the renovation includes conditional use approval to add
a drive-through facility on the west side of Walgreens to serve the
pharmacy. This request is being reviewed consistent with Chapter 2 -
Zoning of the city's land development regulations, Section 6. C. 1. b.
and Section 6. B. 1. qq. which requires conditional use approval for
drive-through services for drug stores.
The 9.55 acre site is located approximately 150 feet south and east of
the southeast corner of US No. 1 and Woolbright Road (see attached
Exhibit "An - location map) and is zoned C-3, Community Commercial,
with a local retail commercial land use classification. The
following modifications are proposed to the site as illustrated on
Exhibit "B" - survey of the existing facility and 1984 site plan and
Exhibit "C" - proposed site landscape plan:
Addition of a two-lane drive-thru to the west side of the
Walgreens tenant space for pharmacy use.
Addition of a new 4,115 square foot leased outparcel
restaurant building.
Addition of 10,130 square feet to the existing K-Mart tenant
space for a new grocery store.
Elimination of 5,000 square feet of mezzanine from within the
K-Mart tenant space.
Elimination of 10,321 square feet of building area from the
east end of the building where Walgreens is located and
replace it with parking spaces.
Elimination of 740.95 square feet of building area from the
north side of the K-Mart tenant space and replace it with
parking spaces.
Redesign of the covered walkway located on the north and east
sides of the building where Wa1greens is located.
Addition of a covered walkway to the north and west sides of
the building where K-Mart is located.
Deletion of the existing north driveway onto U.S. No.1.
Modification of the existing entrance driveways.
Modification of the existing traffic flow and parking lot
layout.
Modification and addition of
landscaping.
interior and perimeter
.I
)f
Page 2
Memorandum No. 96-352
Riverwa1k Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
As a result of the renovation to the shopping center, which includes
adding 14,245 square feet of retail floor area and omitting 16,061.95
square feet of floor area, the existing total gross floor area of
126,007.93 square feet will be reduced to a total of 124,190.93 square
feet, a net reduction of 1,816.95 square feet. An additional 295.29
square feet of gross floor area for an electric room can be deducted
from the total gross floor area to yield the gross leasable floor area
which is the floor area used to determine the number of required
parking spaces.
SURROUNDING LAND USES AND ZONING DISTRICT: (see Exhibit "A" - location
map)
North -
Woolbright Road and farther north is an existing multi-
family unit development, zoned R-3, Multi-Family
Dwelling district.
South -
Undeveloped land, zoned R-3 and undeveloped land and
developed land abutting U.S. No.1, zoned C-3.
East
Intracoastal Waterway and undeveloped land, zoned C-3.
West -
U. S. No. 1 and farther west is a developed shopping
center, zoned C-3.
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2. D of the
Zoning Code contains the following standards to which conditional uses
are required to conform. Following each of these standards is the
Planning and Zoning Department's evaluation of the application as it
pertains to the standards:
The Planning and Development Board and City Commission shall
consider only such conditional uses as are authorized under the
terms of these zoning regulations and, in connection therewith,
may grant conditional uses absolutely or conditioned upon provisos
including, but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks, as shall be
determined necessary for the protection of the surrounding area
and the citizens' general welfare, or deny conditional uses when
not in harmony with the intent and purpose of this section. In
evaluating an application for conditional use, the Board and
Commission shall consider the effect of the proposed use on the
general health, safety and welfare of the community and make
written findings certifying that satisfactory provision has been
made concerning the following standards, where applicable:
1. Ingress and egress to the subj ect property and proposed
structures thereon, with particular reference to automobile
and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
pedestrian access is being provided from US NO.1. There are
five (5) driveways leading to the parking and vehicle use
areas. Three driveways are on US No. 1 and the other two
are on Woolbright Road. To promote safer traffic flow, the
applicant is removing the north driveway on US No.1. The
improvements to the site activate the parking lot regulations
which requires all driveways to be designed consistent with
current regulations. However, the applicant is requesting,
concurrent with this application, approval of two (2) parking
lot variances pertaining to the driveways. They are as
follows:
Driveways:
'1
~......
Page 3
Memorandum No. 96-352
Riverwa1k Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
i. distance from streets, to reduce the required distance
from the intersection of US No. 1 and Woolbright Road
from 180 feet to 158.5 feet
11. clearance at major driveways, to reduce the required
distance of the interior access aisle to the west
driveway on Woolbright Road from 100 feet to 25 feet the
existing middle driveway on US NO.1 from 100 feet to 87
feet and 25 feet for the north and south aisles,
respectively.
To provide safer vehicle ingress and egress to the site, the
Technical Review Committee (TRC) recommends, as part of their
review of the variance requests, that both the west driveway
on Woolbright Road and the middle driveway on US No. 1 be
closed and a new driveway designed to meet city regulations
be constructed along US No. 1 between the north side of
Walgreens and the south side of the bank outparcel (see
Planning and Zoning Department Memorandum No. 96-359
regarding parking lot variances) .
2. Off-street parking and loading areas where required, with
particular attention to the items in subsection 1 above, and
the economic I glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties, and the city
as a whole.
City records indicate that 457 parking spaces are required
for the shopping center. This figure is based on a parking
ratio that was in effect at the time the center was
constructed. Since the proposed renovation does not add
square footage that would generate a need to provide
additional parking spaces, the 457 spaces are grandfathered
as the total number required. A total of 603 spaces are
being provided on site. Applying the current parking ratios
for shopping centers (1 parking space per each 200 square
feet of gross leasable floor area), the 123,895.64 square
feet of gross leasable floor area would require 620 parking
spaces. See Exhibit "D" Conditions of Approval - Planning
and Zoning Department staff comments for additional comments
regarding parking spaces.
3. Refuse and service areas, with particular reference to the
items in Subsection 1 and 2 above.
Upon compliance with staff comments the refuse and services
will be acceptable to staff. In general, several dumpster
enclosures require reorientation and loading areas need to be
enlarged.
4. Utilities, with reference to locations, availability, and
compatibility.
Existing sewer facilities are provided by an on-site private
lift station. The proposed changes to the project will not
create a negative impact on water service. A relocation and
abandonment of a utility easement, located at the northeast
corner of the proposed future expansion of the Winn-Dixie
tenant space, will be required prior to construction of the
new floor area in that area. The water and sewer service
for the future outparcel restaurant building will be
evaluated at time of site plan review of the restaurant.
5. Screening, buffering and landscaping with reference to type I
dimensions I and character.
r)
.5
Page 4
Memorandum No. 96-352
Riverwalk Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
A buffer wall is being provided along the south property line
where the subject commercially-zoned property abuts
residentially-zoned property. Landscaping is deficient in
some areas and the trees and hedges required for the
perimeter and interior landscape areas will comply with code
upon compliance with staff comments. Screening for proposed
roof-top equipment will be provided at time of permit review.
6. Signs I and proposed exterior lighting I with reference to
glare, traffic safety, economic effect, and compatibility and
harmony with adjacent and nearby properties.
The signage submitted is missing the detail necessary for a
sign program. Numerous recommendations are included in the
staff comments to provide compliance with the sign code and
the community design plan. Staff comments also contain minor
changes necessary for compliance with the building and site
regulations. Site lighting will be evaluated at time of
permit review and staff is recommending shields for light
poles that are adjacent to residential property.
7. Required setbacks and other open spaces.
The existing structures and proposed new outparcel building
comply with the C-3 zoning and site regulations.
8. General compatibility with adjacent properties, and other
property in the zoning district.
The existing facility has not generated adverse comments with
the exception of maintenance of the parking facility. The
proposed modifications will eliminate the maintenance issues
and the proposed modifications are not anticipated to change
compatibility with adjacent properties.
9. Height of buildings and structures, with reference to
compatibility and harmony to adjacent and nearby properties,
and the city as a whole.
The height of the existing and proposed new structures are
compatible and in harmony with the adjacent existing
residential and commercial structures.
10. Economic effects on adjacent and nearby properties, and the
city as a whole.
No negative economic effects are anticipated since the
purpose of the proposed construction is to have a no net
increase in square footage.
11. Conformance to the standards and requirements which apply to
site plans, as set forth in Chapter 19, Article II of the
City of Boynton Beach Code of Ordinances. [Part III Land
Development Regulations Chapter 4] .
Compliance of permit drawings with attached staff comments
will provide conformance to the above-referenced
requirements.
12. Compliance with, and abatement of nuisances and hazards in
accordance with the Performance Standards, Section 4 of the
zoning regulations; also, conformance to the City of Boynton
Beach Noise Control Ordinance.
No additional effect is foreseen.
The Code Enforcement
LI
i
Page 5
Memorandum No. 96-352
Riverwalk Shopping Plaza
a.k.a. Causeway Square
COUS 96-003
Division of the Police Department indicated that there have
not been any complaints relative to the existing use.
RECOMMENDATION:
The Planning and Zoning Department recommends approval of this
conditional use request I subject to the comments included in Exhibit
nDn Conditions of Approval. The Technical Review Committee
recommends that the deficiencies identified in this exhibit be
corrected on the set of plans submitted for building permit.
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Page 10
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DEPARTMENTS
47. Continued
Provide the color code and
manufacturer's name for the white,
black, bronze and red sign colors.
Also add the above listed sign
criteria to the site plan drawing and
the elevation view drawings that
depict signage to document the
approved sign program.
48. Show on the site plan, a symbol that
represents the location of the buffer
wall required along the south interior
property line. The buffer wall is
required where the subject commercial
zoned property abuts the adjacent
residential zoned property. Also
include a typical detail section
drawing of the buffer wall including;
height of wall, location relative to
the property line, type of material
and color specifications. All data
shall be identified consistent with
the buffer wall requirements
identified in the zoning code.
49. Submit for review, front elevation
view drawings of "Retail A". Also,
include on the drawings the color
name, color code and color
manufacturer for all exterior
materials depicted on the drawing.
50. Add to the elevation view drawings and
plan view site plan drawings the
location and height of all roof
mounted equipment. The code requires
all roof mounted equipment to be
screened, so as not visible from view
from a distance of 600 feet. Where
applicable, show and describe on the
elevation view drawings the location,
type, height and color of the required
screening. It is recommended that the
color of the required equipment
screening match the color of the walls
of the building and that the screening
material have the same texture and
finish as the walls of the building.
51. Submit a current survey of the site.
Also submit a copy of the recorded
cross access agreements referenced on
the site plan that allow cross access
between the subject property and the
abutting bank property located at the
northwest corner of the site and the
vacant property located in the
northeast and southeast corners of the
site.
~3
INCLUDE
REJECT
Page 11
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DEPARTMENTS
52. Identify on the site plan and
landscape plan the location, size and
type of easement of record and the new
easements proposed for the site.
Please note that trees are not allowed
within an easement. Amend the
landscape plan accordingly.
53. Show and dimension on the landscape
plan a line-of-sight triangle on the
north side of the south ingress/egress
located on US No.1.
54. Add to the site plan symbols, notes
and dimensions that identify the
location and width of the proposed
sidewalks leading to the building from
the adjacent right-of-way and
sidewalks at the outparcel building.
55. An abandonment and relocation of the
utility easement located in the
northeast corner of the proposed
future expansion of the Winn-Dixie
tenant space will be required prior to
a permit being issued to add building
square footage in this area.
56. Prior to construction of the drive-
through lane and window, permit plans
shall be modified to comply with
Ordinance 96-31 (current regulation
for drive-up or walk-up windows) or a
complete appeal application for relief
from the community design plan shall
be filed and approved by the
Commission.
57. Show and specify on the landscape
plan, hedges (18 inches tall and 2
foot on center) on the subject site
along the west and north property
lines of the land identified as N.I.C.
that is abutting the southeast corner
of the subject site. Also show and
dimension the 2.5 foot wide landscape
strip that is part of the required
landscaping.
58. Modify landscape note number 6 as
follows: "If quantities differ
between the plan and material
schedule, the spacing specifications
identified on the plan shall govern.
Requests to change the location of
material, planting specifications
and/or species of landscape material
shall be processed by filing the
proper permit application with amended
landscape documents to the Building
Division of the Development
Department."
;.1
INCLUDE
REJECT
Page 12
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
I DEPARTMENTS
59. In order to determine whether the
1,311 square foot reduction in floor
area, as referenced on the site plan,
is accurate, add to the site data
chart a separate column that
identifies a breakdown of the existing
gross and leasable square foot floor
area of all buildings including 1st
floor, 2nd floor and mezzanines. Also
add to the proposed square footage
data, the total gross and leasable
square footage floor area for all
buildings. Indicate on the site plan
within the building footprint of each
tenant space the number of stories and
whether there is a mezzanine. If the
proposed total gross square footage
(square footage of all roofed and
walled structures) exceeds the present
total gross square footage, a traffic
analysis shall be submitted for
verification that the proposed new
square footage meets the Palm Beach
County Traffic Performance Standards.
Please note that total project gross
square footage is used for determining
compliance with the code and whether a
traffic analysis is required. Gross
leasable square footage is used to
determine the quantity of required
parking spaces. The only square
footage shown on the submitted plans
that can be deducted from the project
gross square footage, to establish
total leasable square footage, is the
meter room shown on the Winn-Dixie
floor plan located in the southeast
corner of the building. Amend the
site data to show existing and
proposed total gross leasable floor
area and total gross floor area.
60. The site plan indicates one-way
traffic is proposed for the southeast
corner of the site and along the rear
of the Walgreens tenant space. Show
on the plan the location of the one-
way traffic control signs and pavement
markings that will properly control
the traffic flow.
lS'
I INCLUDE I REJECT I
Page 13
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
I DEPARTMENTS
61. Vehicles that deliver goods to the
loading areas located at the rear of
Winn-Dixie are semi-tractor trailers,
with an average length of 55 feet.
However, the city standard for loading
spaces is only 35 feet long.
Therefore, it is recommended that both
loading areas be redesigned to reflect
a loading area that is large enough to
accommodate a semi-tractor trailer
backed up to each of the two loading
docks without reducing the back-up
space and/or access aisle of the
traffic flow in the area below minimum
standards.
62. Clarify the footprint of the building
at the rear of the Winn-Dixie space,
with respect to location of 1st floor,
mezzanine and loading area. The solid
lines found on the site plan make it
difficult to identify the layout of
the rear of the tenant space. Amend
the site data accordingly.
63. As indicated on the plans, the
configuration of the site plan
submitted does not match the submitted
floor plan for the east portion of the
Winn-Dixie tenant space. Amend the
plans accordingly.
64. Prior to building permit approval,
submit a completed and Palm Beach
County recorded unity of title that
shows joining of the two (2) existing
properties that comprise the site.
Unity of title forms are available in
the Building Division of the
Development Department.
65. To ensure that vehicles park correctly
in the diagonal parking spaces located
at the rear of the south building, it
is recommended that a landscape island
be shown on the plans at both ends of
the diagonal spaces located at the
rear of "Major 3" and at the north end
of the diagonal parking spaces located
at the rear of Winn-Dixie tenant
space. See also comment number 71.
66. Remove from the site plan and
landscape plan the text and building
footprint shown on the abutting
property that is located in the
northeast corner of both plans. The
land is not included with the current
submittal and is currently vacant
land. Development on this abutting
property will require a separate site
plan review application.
JIo
I INCLUDE I REJECT I
Page 14
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
DEPARTMENTS
67. Modify the handicapped parking space
computations to reflect no less than
the two (2) percent of the total
spaces provided as handicapped. Also
show on the plan no less than the
required number of handicapped parking
spaces. It is recommended that the
distribution of handicapped parking
spaces include providing spaces east
of the retail spaces identified as
Retail "C" and Retail "D".
68. Remove from the site data the
reference to Board of Adjustment case
#58. Also omit from the required
parking space entry the number 562 and
replace it with 457. Four hundred
fifty seven (457) parking spaces is
the number of spaces referenced in
case #58 as the total number of
parking spaces provided for the
shopping center when it was
constructed. Since the proposed
modification does not add square
footage to generate a need for
additional parking spaces, the 457
spaces are grandfathered as the
required number of spaces.
69. Since the required number of parking
spaces for the entire site is 457 and
603 are proposed, it is recommended
that the following parking lot changes
be allowed to create a safer traffic
flow through out the site:
i. omit the bank of 7 and 4 parking
spaces located west of the
northwest corner of the Walgreens
tenant space and create one-way
south bound traffic with
additional curbed landscaped
areas replacing the omitted
parking spaces,
ii. omit the bank of 4 parallel
parking spaces located adjacent
to the rear of the Walgreens
tenant space and replace with a
curbed landscaped island that
includes palm trees,
ii. omit the bank of 4 diagonal
parking spaces located adjacent
to the south side of Retail "D"
and
iii. omit the bank of 4 diagonal
parking spaces located along the
east property line, south of the
southwest corner of the Winn-
Dixie tenant space.
J7
INCLUDE
REJECT
Page 15
Conditional use approval
Riverwalk Shopping Plaza
COUS 96-003
I DEPARTMENTS I INCLUDE I REJECT I
70. It is recommended that the photometric
plan provide for shields to prevent
glare onto adjacent properties and
rights-of-way.
7l. It is recommended that additional
trees or palms be added to the
landscape islands located north of
Major 3 and Retail C, and in the
sodded areas east of the outbuilding.
72. It is recommended that if the
landscaping shown on the plans within
the US NO.1 right-of-way is not needed
as a result of the proposed milling
and resurfacing of US NO.1 that the
material be placed along the approach
to the Woolbright Road bridge over the
Intracoastal.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
73. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
74. To be determined.
TJH/dim
a:CornDept.HEAL/l
2-8
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 16, 1996
In response to a question from Vice Mayor Jaskiewicz, Ms. Heyden said the TRC
recommendation is for denial of all variances. Mr. Carey reminded the Commissioners that
the conditions have an added condition that if the variances are approved, other items
must be accomplished. Mr. Carey is willing to accomplish those items. He feels this is a
good "middle ground".
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Vice Mayor Jaskiewicz moved to grant approval of all three variances subject to staff
comments #8, #9, and #10. Commissioner Tillmar:t seconded the motion.
Mayor Taylor confirmed with Ms. Heyden that this motion includes the comments made by
the Planning and Development Board.
Commissioner Bradley said he will vote in favor of this application, but requested that the
record reflect his opposition to the issue of the distance from the intersection to the
ingress/egress.
The motion carried 5-0.
C. PROJECT NAME: Rlverwalk Shopping Center f.k.a. Causeway
Shopping Center
AGENT: Michael Carey
OWNER: Florida Boynton Investment, Inc. - Robert Armstrong,
President
LOCATION: East side of Federal Highway and 150 feet south of
Woolbright Road (1600 South Federal Highway)
DESCRIPTION: CONDITIONAL USE - Request for conditional use
approval to add a drive-through window to the west end
of the Walgreen's drug store, a new 4,115 square foot
restaurant on a leased outparcel and 10,130 square
feet to the east end of the shopping center; demolish
11,061.95 square feet of floor space to replace with
parking; demolish 5,000 square feet of mezzanine
within the east building; and modify the existing
driveways and parking layout.
Michael Carey referred to the fact sheet he previously distributed (copy attached to the
original copy of these minutes), and stated he agreed with its contents. He agrees to all
of the conditions that the TRC recommended with the exception of those that pertain to the
24
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 16, 1996
variances that were just granted. In addition, there were two recommendations that he did
not agree with. They are:
Comment #7 - This required a traffic impact analysis. Mr. Carey feels this
was requested in error.
Comment #21 - Staff did not know at the time which driveway was being
referred to. He believes this pertains to the variance that was requested.
He agrees to all of the conditions of the Planning and Development staff except for those
listed on the handout. Recommendation #24 was to reduce the width of the drive aisles
from 30' between the spaces to 27'. The 30' width is a requirement of the tenant (Winn-
Dixie); therefore, the applicant does not agree with Recommendation #24.
Ms. Heyden advised that this is a conditional use approval because of the request for a
drive-through window. She reminded the Commissioners of the recent amendment which
was made to the Community Design Plan to allow drive-throughs on major thoroughfares
subject to buffering and design considerations. Mr. Carey meets the buffering
requirements and is still working on the window. A Community Design Plan appeal will be
forthcoming shortly.
The Planning and Development Board asked that the Cabbage Palms in the six islands be
replaced with Laurel Oaks. They further recommended that the pedestrian crosswalk on
US #1 be relocated so that it will be south of the driveway. This will eliminate the conflict
of automobiles and pedestrians. If the applicant does not want to relocate the driveway,
there is a recommendation to add a pole-mounted pedestrian signal. Mr. Carey said he
agreed to accomodate both comments.
Mayor Taylor sees problems with this crosswalk regardless of whether it is north or south
of the driveway. He pointed out that if the crosswalk is moved to the south of the traffic
signal, there is the possibility that drivers will stop for the red light, and then proceed to
drive across the crosswalk to make a right turn into the shopping center.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
Erovn Girtman. 1920 NE 1 Lane, explained that there has always been good fishing
behind this shopping center. He asked if anything can be done during the redevelopment
of this center to enhance the fishing in the Intracoastal.
Mayor Taylor advised that the land behind this center is not public and is not owned by the
shopping center. It is privately owned.
Mr. Carey explained that the landscape plan will enhance the fishing area. Oleanders and
other plantings will be put along the perimeter of the property. He has agreed to a request
25
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 16, 1996
by the residents across the Intracoastal to plant mature material to block the current view
of vehicles in that area. In addition, Mr. Carey advised that there is no loading area
protruding from the back of the store. The loading for the trucks is semi-covered. The
trucks will back up into a space that is cut out of the store.
In response to Mayor Taylor's question, Mr. Carey expects to submit plans by July 25, and
Winn-Dixie should be open in March.
Motion
Commissioner Tillman moved to approve the Riverwalk Shopping Center request for
conditional use approval to add a drive-through window to the west end of the Walgreen's
drug store, a new 4,115 square foot restaurant on a leased outparcel and 10,130 square
feet to the east end of the shopping center; demolish 11,061.95 square feet of floor space
to replace with parking; demolish 5,000 square feet of mezzanine within the east building;
and modify the existing driveways and parking layout, in addition to all staff comments.
Vice Mayor Jaskiewicz seconded the motion.
Ms. Heyden confirmed that this motion encompasses everything necessary including the
Planning and Development Board's recommendations.
The motion carried unanimously.
VII. PUBLIC Al:JDIENCE:
This item was addressed earlier in the meeting prior to the Public Hearing.
VIII. DEVELOPMENT PLANS:
A. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Healing for the Nations Church
Vincent Delalla .
Healing for the Nations Church
West side of Seacrest Boulevard, approximately 335 feet
north of Mission Hill Road
SITE PLAN - Request for site plan approval to construct a
6,888 square foot church located on 1.006 acres.
Vincent Delalla advised that this church is proposed on Seacrest Boulevard. It will seat
200 people and have 50 parking spaces. It is approximately 7,000 square feet. He
accepts all of the recommendations made by staff and the Planning and Development
Board.
Ms. Heyden had no additional comments.
26
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JULY 9, 1996
etc., but not necessarily opening it up to an additional zoning district. In her opinion, it
would be premature to do this now and this would not be looking at it in a comprehensive
fashion. She recommends holding off on this.
Mr. Aguila questioned whether staff would have taken a different approach if the applicant
had requested the change on his parcel only. Ms. Heyden responded negatively, and
reiterated that the entire area needs to be looked at as a whole. She stated that when the
City Commission approved the change for mini warehouses, there was discussion about
allowing mini-warehouse uses in zoning districts other than C-3. It can be designed in Such
a way that is more retail-oriented. It appears to be along the lines of what Delray Beach
is looking for. In the rear, they want to introduce manufacturing uses that appear to look
like retail uses, or with special conditions that will not have the impact that manufacturing
uses have. But this needs to be done in a comprehensive manner. A study needs to be
done, with conditions written in.
Chairman Dube fully agreed with staff comments A, B, C, and O.
Motion
Mr. Aguila moved to deny the request to amend the Comprehensive Plan, Section 1.q. of
the Future Land Use Element, Section VIII- Land Use Problems and Opportunities. as it
applies to property at 3000 North Federal Highway, Public Storage, Inc. Mr. Wische
seconded the motion, which carried 7-0.
7. NEW BUSINESS
A. Public Hearing
Conditional Use
1.
Project Name:
Agent:
Owner:
Location:
Description:
.,-.....~ -,-
Riverwalk Shopping 'Center f.k.a. Causeway
Shopping Center
Michael Carey
Florida Boynton Investment, Inc.
Robert Armstrong, President
East side of Federal Highway and 150 feet south
of Woolbright Road (1600 S. Federal Highway)
Request for conditional use approval to add a
drive-through window to the west end of the
Walgreen's Drug Store, a new 4,115 square foot
.restaurant on a leased outparcel and 10,130
square feet to the east end of the shopping
center, demolish 11,061.95 square feet of floor
5
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JULY 9, 1996
space to replace with parking; demolish 5,000
square feet of mezzanine within the east
building; and modify the existing driveways and
parking layout.
Mr. Haag stated that the staff reports contains an unusual amount of comments. He
explained that those comments were generated by all the staff. There are 72 comments.
During the first review, there were more than 80 comments. Due to some changes that the
applicant made in the site plan, some additional comments had to be generated. Also, the
applicant and design professional answered some of the comments in a written description
rather than applying the information and notes on the plans. Therefore. staff had to add
comments.
Ms. Heyden explained that the way the site plan process is set up, the Technical Review
Committee does not have the opportunity to hold back a plan if they .feel it is premature for
it to go forward. 'We have a certain number of days to process plans. If the comments are
problematic and require redesign and could not be done at the time of the building permit,
staff recommends denial. However, we are required to pass them on, regardless of how
many comments.
Mr. Aguila stated that there are some nonsensical, generic-type comments that do not
need to be included. They are informational and administrative comments addressed to
the applicant. He sees this with every application and those comments just use up paper,
are not necessary, and make the picture look worse than it is. Every developer and
applicant knows he has to meet MCTU traffic standards, City of Boynton Beach driveway
design standards, and all the other code standards that exists in this City and other cities.
He felt staff was stating the obvious.
Mr. Haag explained that in the past, when these types of comments were excluded. when
the applicants turned in the permit documents they would claim that the Commission
approved the project that way. This has put staff in a position where they have to cover
just about every issue that is not shown.
Michael Carey. Carey Company. 218 Westminster Road. West Palm Beach. is the
applicant for Riverwalk Shopping Center. He distributed a handout describing the items
he disagrees with. On the conditional use approval for the site plan, there are seven
comments that are covered by the variance requests. The number on the comments refers
to the comments he received from the Planning and Zoning Department. Some of them
address the same issue. He accepted all of the 75 conditions for approval except for those
that require the variances that he is requesting. Also, he made comments for three
additional items.
6
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JULY 9,1996
Comment number 7 requests Traffic Impact Analysis. This Chapter and Section do not
relate to the applicant. They submitted the traffic statement, and there is no square
footage increase in the plan as per the existing shopping center.
Comment number 21 references closing one of the bank driveways. He was not sure
which driveway staff is referring to (the one on the highway or one of the internal
driveways). In the first series, they recommended closing one of the driveways in the
shopping center on U. S. #1, and the applicant did close one of them. In addition, this will
require the bank's approval.
In response to a question posed by Chairman Dube, Mr. Carey indicated that the bank only
owns the parcel they are on. There is an existing cross-easement agreement that requires
their approval for modifications.
Comment number 24 is a recommendation to narrow the width of the aisles in the parking
area from 30 feet to 27 feet. Winn-Dixie requires a 30 foot width in their aisles for the
primary area. This was the extent of his comments for the conditional use approval.
Mr. Haag confirmed that Mr. Carey was correct that the first seven items deal with the
parking tot variance which is the next item on the agenda. With regard to comment
number 7, Mr. Carey is correct to an extent. We still have a problem on the total square
footage of the project. Mr. Carey is showing that there is not going to be any net added
square footage, gross or leasable square footage. We still have a problem with reading
the plans for identifying the total square footage. If there is no increase in square footage,
comment number 7 can voided. It appears the way Mr. Carey hasJhe plan, that it is not
going to generate any additional square footage.
Mr. Haag said he clarified comment number 21 with the City Engineer. The driveway that
the City Engineer wants closed is the south internal cross-access between the Riverwalk
Shopping Center and the bank.
Mr. Haag stated that comment number 24 was a recommendation by the Engineering
Department to reduce the aisles from 30 feet to 27 feet.
With regard to comment number 21, Mr. Carey said that site has a one-way access
through it. He did not think it would be a good idea to close it off and force all vehicles
back out onto the highway. In addition, it provides better circulation on the site for
emergency vehicles. He stated that this is not a major drive. It is generally an exit.
Furthermore, he did not have the ability to close it off without NCNB's approval.
Mr. Agui~ pointed out that if someone is driving north and misses his turn into the
Riverwalt Shopping Center, he might pull into the opening at the bank and come back.
Also, if you are parked along Federal Highway towards the north end of the bank's parking
7
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JULY 9, 1996
stalls and do not want to go back to the entrance where the traffic light is, you might sneak
out where cars are coming and getting ready to turn right. It is busy there, plus you would
be going into traffic that is circulating counterclockwise towards you. That is dangerous.
Mr. Carey pointed out the locations of the two driveways, one of which the applicant
proposes to close. He stated that the code has a two driveway limit per street frontage.
Mr. Aguila felt the driveway is in the right place and that it does not make sense to move
it north, as recommended by the Engineering Department. He was in support of leaving
the cross-access driveway open and leaving the driveway where it is.
Mr. Aguila did not think the drive-through makes a lot of sense. He pointed out that the
service at Walgreen's Pharmacy is very slow. He thinks there will be a pile up of cars, and
will not be very attractive on this elevation. This is the one item he is least supportive of
on this proposal. Chairman Dube pointed out that this is the new trend. Mr. Carey advised
that the drive-through window is for prescriptions only.
Mr. Aguila questioned the limits of the privacy wall on the property line on the south side.
He asked if Mr. Carey is only proposing that for the portion of the site that is adjacent to
residential. Mr. Carey responded affirmatively. Mr. Aguila asked what happens when you
get to the corner of the outparcel. He asked if it swings north or stops at the corner on the
south property line. Mr. Carey said it stops right at that corner. Mr. Aguila questioned the
zoning of the corner parcel. Mr. Haag advised that it is zoned C-3.
Mr. Aguila referred to the Cabbage Palms in the main portion of the parking lot. He did not
think they are attractive and suggested that they be replaced with Laurel Oaks. Mr. Carey
agreed to this.
At this time, Chairman Dube acknowledged the presence in the audience of Mayor and
Mrs. Taylor, and Commissioner Tillman.
Mr. Aguila referred to the note that says all landscape islands have six inch raised concrete
curbs, etc. He asked if that includes the six pods in the main portion of the parking lot
where Mr. Carey just agreed to put the Laurel Oaks in. Mr. Carey believes that is a
requirement where landscaping meets a parking space.
Mr. Aguila asked why the least amount of architectural enhancements were made to the
east elevation. He pointed out that this elevation is visible from the Intracoastal. Mr. Carey
said he attempted to make this elevation a lot simpler than the back of a Winn-Dixie usually
looks. They designed the only covered truck loading areas that he knows of on a Winn-
Dixie where the truck backs into a cove that is half covered to simplify it and make it as
gracious as a back of a Winn-Dixie can possibly look. There is nothing hanging out of it
or protruding from it. The back wall is high enough to screen any equipment that currently
8
APPLICATION IS TO 81 MADS OUT IN THB BUILDING DEPARTMENT, SIGNED BY APPLICAN
!liQ BUILDING OFFICIAL 81rORS TENDERING TO CITY CLERK's OFFICE.
I
APPLICANT~_~. ~. ..u,;....~ ~~___~v.._
3. 'lOG IN ANALYSIS PILI &16..~
4. ~AKE FOLDER ~~..
Establish Date of Bo.rd Meeting ~~ JZ /~~
Allow 2 publication. (l.t ad at re4st 15 days before meeting date'.
Advertise (2 tim.s) ~f.t'! . ...~9 in
7. ~Type Notice of He.rin~ for Ad ~(O iginal our file.
v'. Get City Cl.rk....pprov.l ~~~
. b.)Distribut. copie.. Counci CiiIl dr.wers)
V .JI,/BI Ci ty M.nager ·
-.:r' City Attorney ·
Recording secret.ry
(See '10 below for Board M..bers , Building Official
,.
.
WORICSUEET
BOARD or ADJUSTMENT
1.
2.
MISC. RECEIPT
FEE
5.
6.
c. Photocopy without Di.tributlon Li.t at the botto., and, vi. speedletter,
send to Sue Kru.. to aa..rti.. in the Boynton Beach New. Journal
d.~ile copies In. Appllcant'. Pile
Board of Adju.e.ent Pile
Requ..t for Proof of Publication File
I. ~bmit List of Property Own.rs to Linda C.rdell to check
(Keep Original. 1n fil.)
9. ~epare NOTICE or HEARING
NOTE ON APPLICANT'. COPY.
· It-or." riecesaary for you
be present at the above
for your petition to be
TO PROPERTY OWNERS within 400 ft.
Date
or your representative t
stated meeting in order
considered."
. ".. ~ City Clerk's .pprov.l
b.~~ddress envel~pes lrom list that Linda r.turns ~~"
c. Mailed (The ORIGINALS stay in our file)
(pro'of & stuf
10. Send complete set of papers to ALL MEMBERS of Board of Adjustment (7 +
2 altern.te.) and Building Official. Complete set consists of copies of:
1) Application w/statement of special conditions
(re.ponse to 6 question8 a-f)
2) Certified spot 8urvey
3) Proof of ownership Cl.e., deed or purchase agreement)
4) Notice of Hearing as advertised
5) Notice .ent to Property Owners within 400 ft.
6) List of property I Own.rs
7) Any other papers, such as Letter ot Authorization to act, or
documents that would help the Board
ALL ORIGINALS STAY IN APPLICANT's FILE.
COVER BY MEMO enumerating copies of items forwarded.
COMPLETED
~
.
.
TO, 80&\4 0' AdJ&I.6btUlt Membw
. '.
FROAh ~ of Io".u.. Such st441
REFERENCE' SUU SUI Art&tr,.lA - lo411.d 01 AdjU6tJnent.
CASE , , AOPRESS. '51 - 76D. - "54 South Fulellal Highway
MEETING PATE' ApIUI. 9th, 1914
CURRENT ZONING' C-J
vc,,;~,;. i r i 'i Iij.j .;r i.OT. Lv.... ; Z, ~0U64 e.4U4 Subd.ivi.6io n
lYJJNEfJ BY:
Thom46 R. 8l.wn, John Thw.en
FACTS:
7. SIlopping Ce.n.tM Wit6 eOlUtAuc.ted.in 7960.
2. UndVl the old ptVtki.ns 1I.eqc.Wltllle.nt..6, .th..i6 4hoppi.ng Ce.n.tVl and bank buil.lLing
wou..td Jtequ.Ule 474 pMung .6)'(leu.
J. ThMe aile 451 ui.6tUts pa.ll.k.i.ng .6)'(lCU at .th..i6 .time..
4. UndVl the. ptuen.t paIl.JUng OIldinance., .tJa..i4 "hopping Ce.n.tVl and bank would
Jtellu.Ule 623 ")'(lcu.
5. The p!tOp04 e.d Jtu.taullCllLt l6 soinS to eolU.tItuc.t an adcU.t..i.ona.t 70S pallung
.6pacu which wou.td 1I.UuU .in a .total. 06 562 palllUng 4paCeA oO't the eU.-6u.ng
.6hopping Ce.n.tM, bank and p1I.opoud 1I.u.tauJtant.
6. The. p!teA e.nt pa.Ilk.ins oJtdinaneu Jtequ.iAu 653 palllU.ltg .6paCeA 0 0It the exi.6.t<.ng
.6hopping centM, bank and p1Lopo.6,.d~Jtutawr.ant.
7. The p!topo.6e.d Jtu.tm.lJu1n.t woUld Jteqc.Wle 30 4paCU undM the pJteAent pallung
o!tcUtta/1ce., howevVl, the!! aile. COlUtltuc.ting J OS .6pacu. ThVleooJtc., the e.xi.6u.ng
non- con60JUn.ing numb" 06 paJl.kins "')'(leu w.i.U be. .unpILove.d by 7S .6paceA..
,. Apptica.nt i.6 bll.ing.ing the. e.xi.6:ting .6hopp.i.ng ce.n.teJI. paltlU.ng tot. up .to code Jtegalld-
ing the neJ.t1 laltcUca.pe. and paltlUng duign oJtcUnancu. ..
0.6
xc: CUJ.j Cl.c.Jtk, Rec:.oJtcU.ng Sec:AetaIuj, CUy Pl.anneJI., cu.y Mal1ageJI., 8u.il.cUng 066,(,cial.,
SOMd "0 Adju.4.tment Me.mbVL6. .
')
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, rLORIDA
APRIL 9, 1984
"In other werd.," Mr. Gre..bard a.ked, "if he would leave it alone,
al it i., ho would not have to come before this Board for a
varianca?" The MembGr. confi~ed that was right.
Mr. Ampol withdrew hi. motion and Mr. Gordon withdrew his second.
Mr. Weinberq thouqht Mr. Xeehr put it in the proper way and
wi.hed to adopt Mr. Xeehr'. lanquaqe into a motion. lie moved
to grant the reque.t for a variance of 26 parking spaces in order
to allow the re.taurant to build the .tructure thoy have
planned to build. Hr. Ampol .econded the motion. At the request
of Chai~an Thomp.on, Mr.. Ram.eyer repeated the motion. Mrs.
Ram.eyer then took a roll call vote on the motion:
Mr. Weinberq
Vice Chairman Ampol
Chairman Thomp.on
Secretary Gordon
Mr. Slavin
Mr. Moore
Mr. Mearns
Aye
Aye
Aye
Aye
Aye
Aye
Aye
. . -' .. .
Motion carried 7-0. The request for a variance was granted.
Case 158 - Lots 1 , 2 of ROUSSEAU'S SUBDIVISION according to
the plat of record and recorded in plat Book 1, Page
14, Public Records of Palm Beach County, Florida.
Also all that part of Section 33, Township 45 South,
Range 43 East, lying west of said Lots 1 & 2 of
R~usseau'. subdivision and lying East of the East
right-of-way line of U. S. il except that part taken
for S. E. 15th Avenue
Reqa8st - Relief from zoning regulations, Appendix
A-Zoning - 'Code of Ordinances, Section ll-H-16
(d-2), requiring 653 parking spaces for existing
shopping center, bank and proposed restaurant, to
be reduced to 562 parking spaces, for space for the
proposed restaurant
Address - 1606-1634 South Federal Highway, Causeway
Square
Applicant - Thomas R. Blum, John Therien
Owners - James D. Casto, Thomas K. Ireland, and
Bernard Schoninger
Secretary Gordon read the application and the answers to ques-
tions a-f, paragraph 5 of the application.
Before askinq the representatives for the applicant to corne
forward, Mr. Keehr explained the surveys.
- 8 -
._----_.._-----~- ---~---------_._~._---_.-.--~
. "';';-~i':
_'..BO~ OF ADJUSTMENTijlTY or BOYNTON BEACH
D. ~laJlch. 6th, 19H
I
.
I
.;
'he undersigned owner (a) hereby reapectfu11y petition the Board of Adjustment .
.0 grant to Petitioner (a) . .pecial exception.or variance to the existing "
;on1n; Code of said Ci~y'pertaining to the property hereinafter described,
,nd in aupport thereof state (a)I' .
.. . Property involved ia described as follows: Lot (5) I S 2
Block
SID
ROU6H.au'.6 ~'_:
Plat Book
, Page 14 , or otherwiae described as follows:
Property Address !ht?6-16J.j. $, ~c;2};
.
Property is presently zoned:
C-3
Formerly zoned:
c- I
.
Denial was made upon exiating zoning requirements from which relief is
required: ExM.ti.n9 PaIllUn9 0Jtc:f.in4nc~ "'tquUle.6 4 llhopp.i.ng cen.tVt .to have '"One 11 J
paJlh..ing 6p4ce 6~'" ~vvr.y. 200 6qU41le 6ee-t 06 9.1t0.6.6 ieMable. 6l..oO.lt aIlea.
.
Nature of exception or variance requirea:
cx..Uung .6hop,P-i1l9 cell.tell, bc1Jt1?.. c.nd
,,",poud .lte.~.taUllan.t ll.equ.Ule.6 653 ptVtIUng 6paCe.6. 1J'topo.6ed ptan .6hoou. 562 .6pace..6, thVte6o.lte,
1 uClJUaltc e 06 I 0' pa.lth..ing .6 pa cu ,i..6 .lteqtUJr.ed.
.
Statement of special conditions, hardships or reasons justifying the
requested exception or variance:
(Please respond to the six (6) questions as outlined on the attached (a-f))
Certified spot survey (not more than six (6) month. old) is required, with
all setbacks and dimensiona.
Proposed improvement (attach site development sketch):
PleM~ U.e. a.ttac.h~d.
. .. - " . .
Certified list of names and-post 'office addresses of property owners and
legal description of their property within 400 feet of subject propaTty,
.. recorded in the County Courthouse. Such list shall be accompanied by
an affidavit stating that to the best of the applicant's knowledge said
li.t is complete and accurate.
. .
Proof of ownership of property by petitioner (s) suches deed or purchase
contract agreement. If agent submitting petition, copy of document
de.ignating him as such m~st accompany petition.
Appliclltion fee is in the amount of $150.00, payable to the City of Boynton
...ch, accompanies this Petition.
CJI.'" S8
Name of Applicant:
Meeting Date
A,,4U. 9th. 19 B4
Tlloma..6 i. Btum , Johl1 ThVlA.en
AddrCHSS of Applicant: 739 EMt OceaJl
Date: J~-IL
Date: "3-C; '-~1-
AVellue~ntoll BC~hone Numper 73~-9400-
><. Un-...... e iI'_
Signature of Appl c n I 'c~~-:::;::--__
-
"'\..
l't.:rmit Denied:
SPACE BELO\~ THIS LI::E FOR BOAHD USE ONLY
r, r~ 'f1r:'.".':""T !-,eT";' r~.;. ',:-l:Jrn"(l'-~
'I",,; ,,1
. .
~ .
e
e
NOTICE OF PUBLIC HE/\IHNG
BEf'OIU': 'rm:
DOAHD 01" ADJUSTMENT
CITY Of' DO'iNTON UEACH
ill';,\H1NG \HLL DE HELD IN THE COUNCIL CIIJ\MDEHS AT CITY II^LL, 120 EAST
UOY~'l'ON UEl\CII DOULEVARD, MONDAY, APRIL 9, 1984, l\T 7:00 P.M.
Applicant:
Thomas R. Blum. John Therien
Owner:
Jam.. D. Casto, Thomas K. Ireland & Dernard Schoninger
Relief from zoning regulations, Appendix A-Zoning-Code
of Ordinances, Section 11-H-16 (d-2), requiring 653
parking spaces for existing shopping center, bank and
proposed restaurant, to be reduced to 562 parking spaces.
Proposed Use: Restaurant
R~quest:
Location:
1606-1634 South Federal Highway, Causeway Square
Lots 1 & 2 of ROUSSEAU'S SUBDIVISION according to
the plat of record and recorded in Plat Book 1,
Page 14, Public Records of Palm Beach County,
Florida. Also all that part of Section 33, Township
45 South, Range 43 East, lying west of said Lots
1 & 2 of Rousseau's Subdivision and lying East of the
East right-of-way line of U. S. '1 except that part
taken for S. E. 15th Avenue.
Notice of a requested variance is sent to property owners within 400
feet of the applicant's property to give you a chance to voice your
opinion on the subject.
Comments may be heard in person at the meeting or filed in writing
prior to hearing date. If further information is desired, please
call 734-8111, ext. 205, City Clerk's Office.
Any person who decides to appeal'any decision of the Doard of
Adjustment 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 recor~of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based.
LEGAL ADVER'l'ISEMENTS WILL APPEAR IN THE MARCil 22 (. 29, 1984 ISSUES
OF THE BOYNTON DEACH NEWS JOURNAL.
DETTY S. BORONI, CITY CLERK
C I'l'Y OF DOYN'l'ON BEACH
,I
bjm
March 21, 1984
, (
, ,
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..
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'c. ('"i'i tc:' I,
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-
M E M 0 R ^ N 0 U M
'ro I SEE BELOW
DATEr March 21, 1984
PROM: B~tty S. Boroni
City Clerk
REs T. Blum & J. Therien Application
for Board of Adjustment meetinq
of April 9, 19A4
Forwarded herewith are the following copies of documents rcqardina
subject petition:
Application with statement in response to question #5
Option Agreement and Agreement for Purchase and Sale
with nttachments
Notice of hearing as advertised
Notice sent to property owners within 400 feet
List of property owners within 400 feet with map
The survey and site plan will be brought to the meeting by the
Recording Secretary as they were too large to forward.
Betty S. Doroni
BSD/smk
ee: George Ampol
Robert Gordon
George Mearns
Joseph Moore
Paul Slavin
Vernon Thompson, Jr.
lIarold Weinberg
1.i lllan Artis
1.00 Grossbard
E. l::. Howell
.. . ' I . I' f \,. , ' ~.
-
eo,;
. i" to! :~"
.', .
BOARD or ADJUSTMEM', CITY OF BOYNTON SEACH
e
DATE Maltch 6th, 1914
'101
The underat9ned owner fa) hereby reapectfully petition the Board of Adjustment
to 9rant to Petitioner Ca) a .pecial exception or varisnce to the existing
lonin9 Code of aaid City pertalnln9 to the property hereinafter described,
and in support thereof atate (a). .
, .
1. 'Property involved ia de.~,..,.,~ed aa fo11ow., Lote.) I S 52/D
J Block Rouu tau '4 -';; (~-r" 'i,:,;..,
Plat Book
, Page 14 , or otherwise described as follows:
Property Address /6#6 - /631 $". ~-f ~
2. Property is presently zonedl
C.5
Formerly zoned: .-!- I
3. Denial was made upon existing zoning requirements from I -.=h relief is
required: EU4.ting PaltlUng OIlcU.nanee 1le.qu.Utu a 4hopp.ing eenteJI. .to have one (1)
paIl/Ung 4pac.e.. ~0Jl eveJUJ 200 4qualte ~ee.t 0& g.'lou te44able 6toOJt Meet.
... Nature of exception or variance required: Ew.tlng 4hopp.ing eentVl, ban~, and
pJtOp04ed 1tutauJtant llequ.Utu 655 p4Jlkl1l9 4p4CU. ""'op04ed ptan 4h0W4 562 4paCe.6, .theJte6oJtt,
a VaMance 06 101 palt/Ung 4pCleU .i.6 .uquLte.d.
5. Statement of special conditions, hardship. or reasons justifying the
requested exception or variancel
(Please respond to the six (6) questions as outlined on the attached (a-f))
,. Certified spot survey (not more than six (6) months old) is required, with
all .etbacks and dimensions.
7. Proposed improvement (attach site development sketch):
Plea.4e He a.ttac.hed.
..~ -' .
I. Certified list of names and post office addresses of property owners and
leg41 description of their property within 400 feet of subject propaTty,
as recorded in the County Courthou.e. Such list shall be accompanied by
an affidavit stating that to the best of the applicant's knowledge said
list is complete and accurate.
9. Proof ot ownerlhip ot property by Petitioner (s) luch al deed or purchase
contract agreement. If agent Submitting petition, copy of document
delignating him as luch mUlt accompany petition.
Application fee is in the amount of $150.00, payable to the City of Boynton
Boach, accompanies this Petition.
11. Calo' 51 Meeting Date ApJtU 9th. 1984
~
12. Name 0 f Applican t : ThomtU R. Slum. Jol11L Thw.!!!
. -
Addre.. of Applicant: !ll..Ea.6~ Oeeczn AV~t!!!!~ttt01!...!t~~hone }';!t.er 732-9400
Date: :!. ~ ~ ~( ___ S1~~nature of AP~l c "-It ~~/ -:- _
Date, ~ -~ ~1 Permit Denied. ~~~(
I U ng~ent
.
SPACE BELOW THIS LIt:E FOR BOARD USE ONLY
e
e
QUESTION RESPONSES
a. The special conditions and circumstances arc particular
to this parcel because the existing parking lot is current-
ly in violation with the zoning codes in regards to the
number of parking spaces.
b. As stated in answer "a" above, the conditions are existing
and in no way result from the actions of the applicant.
c. Tho applicant proposed to construct a restaurant on parcel
"e", and by doing this, will not only provide the required
parkinG for this parcel, but also provide approximately
75 additional spaces for the existing shopping center.
d. Literal interpretation and enforcement of the code would
not only prevent the development of the new restaurant
which will only require approximately )0 parking spaces,
but will also prevent the construction of 7~ additional
spaces for the existing tenants.
e. The varience will be the minimum since the applicant is
providing what he has found to be the most efficient
parking plan possible with the greatest number of spaces
gained. The development will also be adding new curbing,
landocapin~, and irrigation to further enhance the current-
ly run down development.
f. There are no negative factors to be weighed in this re-
quest, only positive ones. The new development will not
only enhance the existing shopping center in regards to
code requirements, but also from an aesthetic viewpoint
which benefits not just the applicant and the shopping
center, but also the entire city of Boynton Beach.
1
\' .0. Aa~nMlMT
. ,
.;
It'
THlI OPTION AO_....... (WOptIGft"), "'. .. entered Into C.JI the .t. of
.....tlon of the Jut 0' thl...... ...... to ...", '" and bit.... "AM. D. CAITO,
, .
THOMAS K. I'AILAMD and .DAaD 1CR0MIWGlJt, eo1IeotlnJ, hlNl..,. N'''''
f}~
to . the "OPTIOlCO", .... 'nOIlAl'L BLUM and "OHM TRlIUIM, ......natt.
~~, ' .
""tI., N'''' to . tIII.IOPnO...., wltIt the .....tI..s rIItIt to -1ft to a
~. ,
. oorporatlon In whleh the "'....." IhID be the tnaJerlt, ItoaIcIIoIdtrI.
. ~ 1f+II'-lf..... .....,."....
}-. .
WRlRIAI. the ~tI_, dill. 1ft optlan to pur..... tllat nal ~, (the
"Pl'OI*'tJ") dnarlbed In ~. pul'lUIM to tM tlma oontaIned within that .uln
Arreemtnt tor Puro"" and lilt (the .A....mtnt') attaoMd heNto and, m" a put
hereof and mned Exhibit "1" Iftd
niDAl, the ,..tl. ..... that tilt OptIaMt NqUl.... a period of tlm. within
.
""loti to determine wMthtr ", not tilt OptIonar and Opdontt oan oompl, with tM
eondItlCIIIItt 'arth In tilt A......._ and
.
WHlUAI. theN II In IICnW with ARMOLD P. KUUlMOIR' AttOl'MJ for the
Optionee, the IUftl 0' $5,000.00 wIIlaII ,1UIIt ""to be the ....... money dIpoIlt under the
A.....mlnt.
MOW, THBRI'OU. In __cllNtlon of the IUIft of TEN DOLLARS ($10.00) and ·
ottw rood and valuable OOIIIl....tlOftI, ..... to the other In hand paid, tilt reoetpt of
whtotl II titre'" acknow1edred. the ,..tt. mutuaD, ..... .. fol1OW11
1. That the Op~OftCII' heNbJ ......tI to the Optionee, thll IrN~~bl. Option to
~ tilt Propert" the ltpl dtHrIptIon or whleh II attaohtd to the Apetmtnt and
. ,. Iftllteld BKhlbltl "A" at'd "8". Thill Option II to Iut t. a ...~ of n.. (I) mont.. (the
wo,tIan ,erlod'? oommlllOl,. aft . date an wIIlah tilt 1ut .....t., II obtained oom-
prlll"l tbe tuD nHUtlon ot t~1I Option.
t. That the '1,000.00 Nterred to htNlnabOYe ehaD be.-d.. the dIpoIIt undtf
the Arreemtnt, If tht Option II _tNlIed In aooordanat with the pl'OYlllOftl ,*,-In
oontalntd.
I. To .x.allt thll Option, the OptlClfttt .haD, within the Op~ Ptrlod, dtU....
In .,UI", (tht '!If olin") Ita Inttntlon to nero'" thll Option and to purahue the
Propert" bJ deU..l'y of the Notl. to thl oftl. ot JAMES D. CASTO, 1100 Marth
,edtrI1 Hllhw." lultt 100, Port Lauderdal.. PI.lda 31305, with a oopy to MORTON P.
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I.on, 01 c.e.. .1'0.... ..... 1_ . ......... I.... .. W. Ind A,.., '''te to',
........ '1"" Ill.. .~~~ ' '. .. '. ;.
I .
.. V.......... 01 .... Opel., ... A...... .... be ..... . nIId and
. .
bI", ...... bet... the OpdtiaarIDll .... 0ptI.... wlu.ut U. "..ull" of
. .
....... the A......., and the ..... .... .... ..,..... .... be till "te of the
, . .
...."" br till Opd.., 01 till ...... .. ... ..tIIII II 1M .... .........IIIID be
.........t to till ..... .... ..... JI.......II' .. ... ...... ._... ... u. .......
._ .... be the OptS.... . t.. r~.....,.... 0peI_ II WI 0ptI.- II......
punuut to the -.t ....lnaboN ..........
I. ". Optl_ IMB._ be .....1Id Ia. ... ....0 a... of '.J.. BMah
Count" "'da, -' It NOOI'ded, thtI OptIOftIlllD be dIe_ed ...u and void and of no
turtt. ,... and .tt.t.
A. TI..1haIl be of the -.ac.
1M Wft'JfIII WDUO', the ,.,u. .... .....to '" their handII and IM1I the
., and ,.. ftnt IlbOft written.
.'tn._.
O",ONO..
if A'" D. CAln'O
(. to CMIOJ
Da.
. ~ -.....'...!: .
TROMM ICe ...I,AIID
I. to INIMGJ
Datil
......AIUJ IICIIOIOMOBB
(. to ........."
Da"
0Pft0~.. ,'.uf
TIIO . UM
;y ~~- '_0 ~.;
KII II
Da. ').. -, 0 - ~ "'\
-
'. to__J
. .. to T.....,
~~ ~~. ~..,. : . ,.1>:.,..,
~~. '::":;i,-\< >r::~" 0,'
'. I')
"'.--
\~\ -" .'
. <~ : . j "c.' ' .~
:(~:':.' ,
, 1" :'1: '. -<'" .< oJ' " .
.1\ " .
,:,',:e
. J:
"
'/"
'. .
..... VIfDI_GIIID ...... ........,... ....'" 01 ... .... of tI,OOO.OO (the
. .
"Dtp0llt") ,.,.... .. Sa ......... I 01 till 0ptI-. It ...... ..... a...,t .. attaohedo If
.
paid '" ...... .... .. ........ ..... DtpiaIt .... belll1d -' dIIburMd In MOOI'6-
... with U. 0,'" .. ., .. OptS. II ......ll ~ .... DepoIIt IhaD be held Md
__Id .. ....... ... till ApenI- .
.
D." -I 0
~
.. ~ _ . ".. _ . . ,Il!'
~,. ( , . ,.' " ~.:~ ,', j
..!..;'.....e".~'"
. "i, "
. ~ 'j
\ ._~:":' ') .' .,' .
~. ~ .;', -';
,~L>' . < . 't/" I ~.;,
';"ail" t, '. ,
:'; ~ . ',' ,:
e
, ,." ..1\ f.
'.
. 0 AIfD
i'."~'...J... I '
ftIII AQ__~ .-Ie .. .... Into tIIII _ day of
:..-,);';-'.
. .., lilt bet...' IAIID ~ CAI'I'O, THOMAS Ie. IRELAND and BER.NARD
ICHOMDtOla, ....UftlJ ...Inaftw ..f~ to .. the "SBLLER-,
and
........,. ..t..... to .. ..uaCHAII..~
1H-T-M-I-e+EJf-HI
WHIRIAI,... II till.... oi...wn ~ of land looated In Palm Beaob
.
. .
CountJ, PI"" and .
WHlUAI, tile ........ II _. to ....... tM .... ~ under the aondIU...
.. forth ....... and.... II wIDI. to ... aD of _. IandI. .
MOW, THBauOu, ...... to be leed, bound thereby, the parU.........
lGUn.
..
1. leD.. .,.. to leD to ,....... aad the ,...... ....... to purohue from
leD.. tboN two parOIIa of pfOl*'tr dIIorIbed on Bxhlblt -A- attaohed heNto and ...... a
... heNot, ......,... IOm"m. Nt.,... to u the "8\Djeot 'ropwt,-. The lubJeot
,~ II deploted .., .... boIdIj outUned an IldI&bIt "1Aw attaoMd.....to. BUJW
........... VIa' a partlCID of the .~. 'I'OpII'tJ pI'Ojeou Into the abuttl.. Intel-
...w .attrway.
.. TIll,.......... dlpallted an ....-t mone, de,.t of $.,000.00 to be
held Ia ..1ft .., ARMOLD r. KVllZINGlB, I" North 'ederal Rlpwe)', Boaa aaton,
'JcII'Ida INat.
a. TIll afGNlald euMat mone, dlpaIlt and an, and aU further aurna pald prlCI'
to ..OIl. bJ 'urohlW, U an)', .MIl apply to and be oredlted towarda the purohue price
at U.. of...... The oIaII. ahaD take plaoe on CI' betore 41 de,. from the effectlve
date of _II AI...ment.
.. The PurahaN PriM. for the lubjeot Propert, ahaU be $175,000.00, 1_
ondItI and ldJuatmenu .. provided tor herein. The aid Purohue Price la paJable u
IoU..
. lt14,
.
A. The ..mat mone, depcllit totaW.. 'S,OOO.OO ,hall be a part of the
at....artbed Puro..... Prloe.
B. An addltlonallUm ot "S,OOO.OO ,hall be pa,able In ..ah 01' ouhl".
l"hN!k lilt c1o~n~ ftnd shill] be plIlrt of the IIlf
'!icorlbed Purehftse Price.
"~' . ~ , '"
e
'r" ,)J.,; . ,
, ~1 . ~' ,i . ,.[~ ~ l \t ~ t
...J.1,-/ I.:I~ :l'~-':~_~,,\"+,'~~'. "_1:/";...1 :,
,., "," '... .'"U/f{,,, .' ~. "0 .,
"f ' 1 '(. : ~ ,,<(,' "'; , ,
':'{,",:,;~'~'~ ~~' ir,~~. 1'"
~ iY!,,,J,~~:.&' i~;~fi-t'~ ,",,:, .',.,' !:..,
C. ,'"" ,till ,....~ ,.... .... .. ........ed '" a prom"'"
;,' ,I' ';, .~;,;;,~>~:."~:p~ v.;, " .' " i .
ftOtt (t........., "'...:....'.. ....... (tile "Mortpp") of....
~',j.. ';_ ,: " ;' ;,' . ~ I ~,. ,',;, ',I ,.
data 1ftOU........ "~~'. fte __ .. ....tI_ of t~ Mote and
f.O'
M.... aN. '''..If. '... '~i.." .:,Io::~'.;' ,~,:......'>;;;'... " ''''.
. '7yi , ~~ "', .if.. j , ,...'~ . t ,~ .
It < '''t...... ..... ...ta thi ........ ." the Mortpp
rumlllllft ,.. ti till.... ......... aD of till ~ ,ropert,. The .mount
,1\;': ' .
fIl till Role .... .. ."..... ........, till R. IhID be tMt the anti..
r';. ".,
prlnoIpIl with a4i~II...NIl at a. rate of TnI" .-..at (1.-' ,. ........ IlIaD
'!.~,'i' ". .
be due _ ~.~.. ~..1IIftIt1 (0) ""'1OIft II",.. The deI_t I.....
. rate I1d ... ...... ,..... (1..1) ... ......
u. ........ -' till ........ ... be ~ bJ leU..,.
attOl'MJ and .... ... 1ft 'M'''' ......sa, ..., In ......tlcn of tIdI natUN In
.
'alm B.ah Count" Jl"~
I. I.. I11III ....., t. II.,.. title to tile ,a.,_t 'rop.rt, to the PurehaM'
bJ ".....nt, died (the ..." .ejeet .., to the loUowIlII aoeptloa.
';.~
"
~"
A. T.. ancI __m.. ,ftled . _...d t. the oal..... ,.., 1ft
, wldah the at.. talc. pIaoe and 10. till ,.... ..-.quem theretO.
L TM NItrIotI-. I'eHnatl-. OOMMnts and ...menta of NGOI'd,
. .
and aD utWtJ .......entt, lnot..... ~. ~ .lJ.,.lted to ..t... ...... .... eleotrloll7.
Inoludll. .... and U.., te1ephoOe now 1ft.... whether or naord . not.
~ P aota that .. aoaurate ......, . perIOnI1lMpeaUan or the Id>>Jeet
Pf'Ol*'t, would M" dllalCIMd.
D. .ZOIIIIII IM/f1I other ...,u.. and prohlblU.. ImpoHd bJ plem-
mental authclrttJ.
.
B. Thole oondltl.. and _ants oaDed If1I .. aondItI_ prea....t In
t.... A"...._
.
I. Within twent, (10) daJl lrom the dati of IuJ1 .....tlon 01 thII A.....mant,
.
the a.u_1IIID, at t..... ...... deUv. to .ure.... . Ita _pated .U...,. . Title
a....nt' Commitment (ttle "Commitment") IIIued br Tloor TltlellllUNnae CompuJ f1I,
at een... option, auGh quallfted title InJU". ..tilf_tclrJ to Pure...... ........ to ....
'to ........ upon reoordl.. tile Dud .t..mantl..... .n 0wner'1 O......nty In the
.mount of 'the Pure.... .,Ice, IrwurllII the tlU. of the Puro...... to the Id>>jaet
.rop.rt,. ujeat ani, to tile Mort.... and the .xaepU.. oonul,*, In tile Deed ..
provided In .....,,.ph I hereof, the Itan&rd exeeptlona UIId by title frwuranee
'~f
"~~.~~ .
........ .. .... .....~,....... .. IlIIJ -.... - U_ of -.I, ...,
.... II ....... . ...'. . 1ft the COIIulltMent IIIID be dllohlrred and relaued on
',;;t;., '~i
the .._. .." .. tIII,aMl title I......... pall" IhI1I IOntaln no .xc.pUont to
,~,~~. .
........... .... ...... 01 ..... In ....... and ,.... ,.., an aocrurate MV', or
~ ,',...
....-s ......- ., tlllleJIIt 'roptrt, tfCdd....... 'urahutr, at Purcha....
. li"," ,<
..... .... wi.... ... (10) ... .,.... ., .. A....._ IunaIIb 'eD.. with a IUl'Yty of
the..... ......" ..... ..-. wID ... ...... to .... U. IUheJ exception to be
:f"., .
Ie..... ,... tM c..... ,............. lit.... UI) .,. trom t.. date 01
, ,
....., " UII c..s... ...... ...... to_I. till..... IDeS II dUe II lound to be
. -" .. " .. .
dlteltlft, U. .....~ ~ . . W.. ~ tI.., noUfJ t.. .... In wrI~.., ...
lfJIIW tbt .t. II'" ..,... ...... title ........... t~ 'eD. .... haY. nlntt,
(.0) .,. I,.. tilt natJpt "..... netS. ..... the del..... and It aft.. Mid period the
...1haJl not .... .... ... dltena; ... ........ .hID MY' the option 011
A. A...,... uu. ..It u.. II, .
.. D....... . Ie'" ." all ...... IIIOMJ ""led hereunder whlab
8JIaD I.u.wltb be nturnId to ....... and tblr .... the ,......... and St11Ir shaD be
N1tutd of III t..u. oIIIIptl_ __ '* "....mem. 1'.. purp~. 01 thta Aprer
. .
..... __ttablt dUe .. dlGned u IIIIUNblt title at Itandard oomm..clal rata
,. It ,......... ,... to ,.,........, of tilt .....ta 01 thIa AJNtm...t, .n
at.., paid pulluant to thI8 A,n..nt bJ, the 'ur~ u afONlald .haIl be retained by
. f. U. MGOUnt 01 the .... .. OOIIII....tlcn I. the ntclUUon ot this A.....m...t and
.. lined and JIqulctattd dUD... and In fun Httltm.nt tel' .,., olalml tel' dam.... The
,.,u. tMnupan lid be N1ItNd and NltUtd 'fOlD aU other and. turther obU,aUonI
undIr UdI AINfII'tnt. The pu1l. ...... that thII provlllon tel' Uquldated dam.,.. II .
bona ftdl attempt br thI ,.a. to I'tIOIvt U. amount 01 dam.... that would be ...
talned '" the ltD. In the event 01 bruah 01 thII AlN'm.nt bJ the PurchaHr, and the
.
,.,u. ......... tMt tilt __ amount of auoh dam..... It an" would be apeculatlve
and n.....t1J dlfft~t to ....wn.
I. 'I'M 'eD. Net.... that thII prop.-t, II adjolnhw to alhoppl.. oenter (the
.hDppi.. C""" located In IOJnton ltaOh, Plar1da, whloh lhoppI.. C.nt.. II __
arIMd In IlIIIbIt "8" attaohed htNto and m" a part htNot. The SeUer ..,... to
. .
attempt to obtlln 'hi foBowlftl ........... and oondlUOIII from the ownUl of the Mid
.
..... CIIdtr (the "C.teI' Owners") to be blndl. on their I\IOOtIIOI'I and UIlI"I, and
till obtai.... 01 Iuab ....Int and eondltl_ than be a oondldon preoedtnt to the
.
... ... .....Uan of the ,....... to aloIt thII tr....Uon, u fo11o..
A. A.... ..... ,..ltU. .... OWMI' or UtI
.~_ '....-rt" III ....... .... ........ 1....'- t.. perpet_ rlpt of
....... .. .... .. end ...1' . c..., .. IurUItr ,..ltu. UtI Center
0..... u.Ir ....... .....,. .~...._ ........ . __. ... noIprooaI .....
f''':'' ,1' ,
".'D ....." '.....- .~" "... OM' till.....' 'JOpIft,.
L' "hI' the C." .... .....Ia r... of ,.. ow..... of the
. ,
.~ '''''''' tIIa, till . .'. till ....... .ropIIt" ..... ......u, "Yang,
.pa.,. .... ....... ..... ," ....... " _ ...... __ of 'hi lhoppIlII
0._, ..... .. In ...... .... , , 0--,.... -VMtI, ..pll". and buII_
<;. ,0::. .
'_0."" be entitled to _........." .t1II.~ '""*,,.
c. na, .... c...i-.~'-" to ...... .... .... u.Ir ......t and
~ ' .
........ .. .... 'hi ,....... irlll ,......, liter till oloIi... to P upan portJ-
., the ....... C-.ter ,. u.' ,.,.. of U. ...... of U. ''''eat 'ropeI't, .vl.. the
unundld'" flaM to nIandI..... ...tIIJ and Nltl'lpe thl puldllllot of the ShoppIrw
c.. ...... to u. ,......... .., .... CIl, of Bo,nton ....... '''Jeot to the
NUOnIIIIe .."rol8l 01 the 0.... 0....' .... to the oem. 0....
D. That ......ar, ..,.... to tile X-Mart..... K....lII't, . tenant of the
cem. 0......... eatabUa.... . ,.... In ..... an ,tte north ... 01 tbeII' buDdlrw. ThIa
,..... .. ... (the ....... Area") II .- I. the puropM of atorl.. oertaln m..ohandiH
. . ;..'"'!' -'.. ~
...... doll .. and II not In ......... 01 the 'urohaM:r, oonduIlft to an appuUrw GI'
.tlNed.. ,sn from U. '''jeI' ,NpIrt,. The Center 0....... and K-MlII't, If ..,.. ,.
.." .... "ft their unoandItI_ rich" aDowI.. the PurohuIr, at .ura...... COlt, to
s.ndI.,. a.... adjaaent to thlllDOed Ana bJ _qr ..tural lo1ltIp to obtalnl. a
pl....~
.~ AttaoMd ...... .... . pII't ....r aNt mulced Ixhlblt .C" .. a
....pNtII ,arldlll I..... (tile lID.........,. The putl. ...to ...... that the
...... ,"lIdent Nt f.ut ...~ IA and .. ...1nIbove ahIJl be compiled
.
wi'" If till DeoIandan II modlaed _ u to dalete thenfrom 'arlllNPh I and. In place
---II. IIMft a ~. .ildlW' the D....U. 111"111 upan the o....ra of the
,....- dIIIrIbed t......n In ,.,...
.. If tha laD. fall. to ,..fCI'ID an, 01 their obUpU_ under thIa Apoeement,
,.. .,..114 m.., pakt bJ tba .ure.... .haD be returned to thl .uhtuer on demand
,. thII Apee...t .hID be IIIU .... vold and of no further faroe and effeat ar, at the
optlan 01 UII ,....... 'M ........hID be endUed to IpeOlfIo ,.farmano.. The
- 4 -
,.... tI .., ..n....~ "".i. ........ .. ..... A...... IhID not be OOIIItrUld .
· ,.... ".... .. 'i.. ~. ~... the... 01. ,.... ., · ~tlan preo"nt, then
the ......U. 01 ... ' .~........ A...... lid, u.nupon, be null and
.' ~"'~' "'", , "
.~ii . "~'~r' ", .
.... .... tI . ,...... ' ' \'..., elf'" ... the D.,.., IbID be returned ,to the
, 't\, ..',
, ,,;(, ;,
..Itl.. '" f";
. ~,\ ,:",', . 'I
it' ;'/; " '
.' , tI............... the om.. of the leIl...
" ...........
.t'"
. ~ ,1 "
. 'I '
1I~ ........IIII!I ~ II " till date ", ........ ,... aD be prorated baled
. ~ '. ;"1;- , f .
... till .... I. .... ,. ~ ......... ., ,.. ....-.t ,..,. ..........t 01 ...m.p II
. ,~..(:,..';;t.:",(L .
not .......; ... .... ... lilt....... . the .... ,..,.. ...
. ~. 'i, ,~. 11 .
lL C.ua.~... ..ded _.1111 _11] rlt_ .... . of the data of
.
olaIl. .. to be paid III .... ~ .....' U_ . of till date of atOll,. aMD be
_III" the ........'
lL ... aD 11m"" to ........ at ...... an Afftdnlt that theN hay.
.... . .."...... .. till ....eet 'NtM, I. ....., (to) da,. lmmedlatelJ
pr...... the date .,...... ....... ....... ..,.t4J.
I' ,.... IoU.....,... .... be ,.set '" the .....
A. -,... aaIt 01 tIDcnim..-, ltampa wMeb are requlnd to be affixed to
tile DeId.
. '. ~.. *'
~ '.- . .
.,
InJ .. condemned ,Ot undti- condemnation
lt1a'lty prlOt to the 01011., the oondem-
the .ure.... and theN aha1l be no
1t~ till ... ~' .. ...."., ') the......... that thll..... not
t >, I}....,
lilted t........ . ", .., fillet, . NIl .... bnkw nor hu t... I.a.
.un... an, ........ . . ~'~ In .: ,'. t..U-W UIII A....ment. T...'..........
..,......ta.. .......'11 ~... 'lid till ............ not utw..., the .".. 01
..., ........ NIl -I:' ..~".:_.. _ tNI '........ .. ... tile P...... ....
.$I{>, ~,l' '.
Inttodulld to tlte..... ' ., . till...... tM .... ., .., ..,........ .... eltata
~,.. tt; .
...... ........, ....._..., I.......,.... ... to ... the ....,..,
t. '
..... ,.. l1li -I-~'''' ...... ., till' NPNIllltatl- ad w....lIII. - ...
lJ,. '
tal'*' In .... ,....,...."1....... .. 'lilt ...... to an, .ttome,.. r.. . eam
. \~i, \, ';~~\~' ~. .
I..,,~ In Itlpllll .,'...... ...." alii ........... 1f, whet... .. trial . appel-
.-- .-.' " ' :;:',> '.
.... ...... 'i '
tI~ ......... to ........ till rIIM of MI- to tile I.Jeel ,ropII'tJ tar the
..,_ of l..,..tI.., _ .lIlt tilt batl... .. .. tl.6__ and ..........I.....tI_ and
teItI t. .... .....,.. . .., be NIIOIIIblJ NJatad to tile eftartl of ,....... !n
maid.. pretbal..., _...... pertat... to t... P'DpDNd .. of the leJeot
,1'OpII'tJ\. ".......t II ....... pNfIcIId tIIIt tile ...... oflUOh ....t 8ha11 not ....
.., . ...... to till ..... ,NpeI'tJ and, tart..., tllat upon leD... NqUaIt,
,........ .... .... . ... to .. ......... tile'..,... oflubJ.t propertJ whloh
IhaD have belli dSltUl'bec1 '" ....... or'iiI1i' a.ttYltl., .....ntlaDJ to It. eoncItlon prior
to IUIII .... and ........ In tile ..-at of tile ....1I.tlCI\ 01 thII A.....ment not
NUtS. In the te1e of till ..,_ .~tJ, ,...... ....... to provide leD. wltb~
... of thI repart 01 till ..-.. of .. barI.-- teItI. 'urohaIW. by the awe'"
of IftJ of the rI",..ln 'aIIIINPI\ 11 panted,..... to be lOlel, NIpOftIIbl. for and.haD
Indemnlf" del. and .... leD. MrInl_ of and from ..., and .u o1"ml r. pII'IOMl
I., OnalUtl", death) and prop.e, dim... ...... from the a~_ of .., of IUCb
rI",ti ·
1'~ AI a eondId. "..,dent to 'wohaMr" obUptlan to 01.. thll tranaaotScn,
the I"'eot ,,.,,ertJ IbaIl be..eNd, u of the 01'-... oomm..l1.anI...
10. "ff'/ lnterpretatltft of tbll A....ment f1l oonatruotSCI\ thlreof. IbID be
pwwuant to theta.. of the ltate of PlCll'ldl.
t1~ ,.... data of tit" A....ment ff1l purp... of performanaa ,haD be taprded ..
tbe date when tbetut 0lIl of the leD. art... P...... "ve ,"pad thll AlN'mant.
tI. Time II of tM ......
- . -
~ ,~~:. ,."~ '.,:
.. ....AM............. ~ llel- u. porU- "''',
. '~f""';'~
..,pIll .. ... . . ..... W-- .. ..., __......... Illadllled lit ouwIr
," '\ .._,.~J~'-1' ~'" .
." (('i""\, '.
...." ... ;" . " ,II. rt"'" pri......
, . '1 't,.~'_ ,1.'
.... AI 11- ..... ~.... .. ___ ...... ....,uInod - end oIloIIlIe
............; ............. ~IA/IIII""'.A.~ -- end .......
II wn'.111 ........ .. ..... - ....-- Nt tIloIr ...... end -- tllO
.~ . l,' . ,
,., ...,.......... ~...
ISlr'....
"'\ilL .-~
a_1h galJl"V
.
'-
-
{II to g...,
-
-
'NO.... -' uuu.AJIID
-
. '
"{II to"""
-
.....AU ~AVJIIIllw'A
-
. ' .
{'II to ..........'
-
. _O'!t.. ~. .-
"vaCRAlB"
V'~~-
~~;f~
-
-.
..
"(ia to.~
-
-
T- to ......)
."'
.
. , .
.XB
~~~
A 'll'a.' 01 1..... i" .... _...a.' ~.. oom... 01
......"i...an, .. I'eaodetl I.a .1.'t:_ .1, ..,.
01 ..111 _ala COunt" '1_1",' "...... pan
a. loll... . . "F'l ': " .
r ~~lt.' ~.
~ 'J,. '!.'
~anm...i.. ., . poi", in .... .... 111ft. of , ,,,'U,,, '10 fe.'
...... 01 the ....tbwe.. --I' .....to::.a ! aou"MU" 'ubcUvi-
.i::1 tbeno. leN,,, 00. II' I'~ ..._ . .t lin. 01 ..id Lot.
1 I, of '00.00 1_ to tM .......t _ . o' ..i. Lo' 2, th.nc.
IIoftIa I'- U' 11- .... .~ tbe~_'" J.1ne ..id Lo' 2, . di.t.nc.'
01 ao.... ,.., .. the IOZIrI 0lIl ..IIIIIIIICII . . _tinuin, .ozoth
I'- 41' 13 .... alonl __ __ alae .. ..w 1M ~J . dl.anc. 01
11'.00 ..., _n 01' ..... _ .......__... wa'" ue ...uzoly zol,ht-
, o'~ 1..... 0' the In~.....td "UNa" ....... 1Io&"tlt 07- 07' 10'
_t al-. tII. ..ld ...~1~ I'gJa___'-wa, 1.... 01..... In'l'.c.a"l
-......" . cu..'anc. o' 10.00.'''- .. a point,'...... IIOUth ,,- 41'
11- ..., . cUat.anc. 0,'121.00 ...- to '. ~lnt"tbenc. IIOUth 07- 07'
10- ..., and pazoall.1 "i~ ... "'Ml'l,. zol,lI~f-way of a.id InU'a-
_Ml ~~. .. oI.t..-. ~o ~"". to.~ "'la"of "olMln9. .
All ~t paR 01 Lo'. 1 ... 2 01 ........ IOaDIVI'IOII" 1Y1nl act-
. ,_, to t:.ba ZnU'.coa...l ...... a. nao... .1a' IIoOk .
.....14. .-110 aecoK'd. 01 .A'(M aIiACII COUIlft, ozolda, _cAPt t:ha"
~ Uka ,. 8. s. 15"" ~"._, _ 110ft lcnalazol,. deacriMd
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'l." ,.... t'.. ,.,,'" '1J .It '..." ,.. I' I." t. . . ...... ...,;t .... ..'''.'
~~.. .....,i',:.... ....... ..... . ~'.' .."'1r, ,,~...),,\.o "'''''''~'~'':'.''''t',':.... ....~ .. ..,....:. ~ ...
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,.
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L1,,~ ':'UIl.1.lhJ l..'uu.~ Uj, ulol.l<.l \....1. L} ;
Ca.e .56 . Lot l~v, Lauze1 H11la 4tWAddlt10n, recorded in Plat Book 23,
'8'. 142, ,.la B.8Cb CoUDty Record..
_qu..t
- Reli.f f~ 60 ft. lot frontage requirement
to be reduced to 50 ft. lot frontage.
lell.' ,~ 7,500 .q. ft. lot area requirement
to b. reduc.d to 6,'65 .q. ft. lot area to
oonatrul" a .1ngl. family re.idence.
- 1210.. . 7th Court
.~ .
- Carol. Lekin
Addn..
I AppU,a_t
.;.~
.....~
. Ca.. .57 . Lot. 14, '15, 1', 17 . 21, ,ADBa ESTAns~ recorded in Plat
Book 10, 'a,. 37, '8111",ch County Record..
.. ~
Lot. 1 _d 2, Block I, ~y 'ARK, r.corded in Plat Book
13, Pag. 17, 'alii Beach County Record..
.-.qu..t
- Re11.f fEOll aon1ll1) r.gulation., Appendix A-
BoninI) .'Cod. of Ordinance., Section Il-H-16
(d-l), requiring 101 parking spac.. for
r..t.uraDt, to be reduced to 75 parking space.,
for an addition to the restaurant.
- 1021 SOUth P.deral Highway
- J. O. S~t
Lucil1. , atley'. Re.taurant
OWn.r. - atley W. , Mary Lucille Scott
'. - .. .
Ca.e .58 - Lot. 1 . 2 Of RObsSBAU'.'SUBDIVISION according to the plat
of r.cord and r.corded 18 'l.t Book 1, Page 14, Public
Recorda of P.lm B.ach County, Plorida. Also all that part
of S.ction 33, Town.hip .5 South, Range 43 East, lying we.t
of said Lot. 1 , 2 of Rou....u.. Subdivi.ion and lying East
of the Ea.t right-Of-way line of U. S. 11 except that part
taken for S. E. 15th Av.nue.
Addr...
Applicant
Request
- Relief from zoning regulations, Appendix 1.-
Zoning - Code of Ordinances, Section 11-H-16
(d-2), requiring 653 parking spaces tor ex-
i.ting abopping center, bank and proposed
r..taurant, to be reduced to 562 parking spaces,
for .pace for the proposed restaurant.
Add res. - 1606-1634 South Federal Highway, Causeway
Square.
Applicant - - Thoma. R. Blum, John Therien
OWners - James D. Casto, Thomas K. Ireland , Bernard
Schoning.r
A PUBLIC HEARING will be held relative to the above applications by the
BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida, on Monday,
April 9, 1984, at 7100 P. M. All interested parties are notified to
appear at .aid hearing in person or by attorney and be heard. Any person
who decides to appeal any deci.ion ot the Board of Adjustment with
respect to any matter consid.red at this meeting will need a record of
the proce.ding., and for .uch purpo.e, may need to ensure that a verbatim
record of the proceeding. i. made, which record includes the testimony and
evidence upon which the appeal is to be based.
bjm
PUBLISH I NEWS JOURN~
March 22 & 29, 19~4
BOARD OF ADJUSTMENT
CITY OF BOYNTON BEACH
e
-
IIO'IZCB 0. PUBIC ci
81l'OIII 'I'I1II
IIOUD or ~
CJ'1'Y or ~ cuI
HEARING WILL BI HBLD D lflii COUIICIL . · "" C1'1'Y BALL, 120 EAST
aorNTOM BIACH BOULr/AID, II)IQ)AY, APIUL .,1".' AT 7.00 P.M.
~..
Applicant. ThOlM. R. 81a, John '!'berl..'
't
OWner I J.... D. Ca.to, ThoM. It. Inland , "mard Schoninger
. .
Relief from aoning ngulatl.., Appendix A-Zoning-Code
of Ordinance., Section l1-B-l' (d-2), requiring 653
parking .pace. for exi.ting .hopping center, bank and
propo.ed re.taurant, to be reduced to 562 parking .pace..
Propo.ed U.el Re.taurant
Reque. t 1
1606-1634 South Pedera1 HighWay, Cau.eway Square
Lot. 1 , 2 of ROUSSBAO'S SUBDIVISION according to
the plat of record and reco~ed in Plat Book 1,
Page 14, Public Record. of .a1m Beach County~
Florida. 1.1.0 all that p~ of Section 33, Town.hip
45 South, Range 43 Z..t, lying we.t of .aid Lot.
1 , 2 of Roue.eau'. Subdivi.ion and lying East of the
Ea.t right-of-way line of U. S. '1 except that part
taken for S. Z. 15th Avenue.
Notice of a reque.ted variance i. .ent to property owner. within 400
feet of the applicant'. property to give IOu a chance to voice your
opinion on the .ubject.
Location 1
comment. may be heard in per.on at the meeting or filed in writing
prior to hearing date. If further information i. de.ired, p1ea.e
ca\l 734-8111, ext. 205, City Clerk'. Office.
Any per.on who decide. to appeal any decl.ion of the Board of
A4ju.tment with re.pect to any matter aonlidered at this meeting
will need a record of the'proceeding., an4 for .uch purpo.e, may
need to en.ure that a verbatim recor~of the proceeding. i. made,
which record include. the te.timony and evidence upon which the
appeal i. to be ba.ed.
LEGAL ADVERTISEMENTS WILL APPEAR IN THE MARCH 22 , 29, 1984 ISSUES
OF THE BOYNTON BEACH NEWS JOURNAL.
BETTY S. BORONI, CITY CLERK
CITY OP BOYNTON BEACH
bjm
March 21, 1984
'.i! ;,'
_._._----~_._.._--' -~_.~,-,-_.__._-_._--
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. I'D AftACBD U~
"".., IIl!'Iln 400 nn
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(I A7fUCI//I" Hth'JII.
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6II1iuD1 - n.... ..-velow li.t' ....tlOD. (a - f) on a .eparate
...t. ~ IUtl.IDC 16~- ..tt.~"'U.cat1on)
-lusHa 10 - Coat=- .
a.
!bae ''"tal. ...t.... .. d
ltal' CO tile ~. ....C~_.
DOt appl1cabl. .... .tIIe 1 .
1- 1ODf1\a diltdoc.
That che .,eaial ..diti...d il'O\IMcance. do not re.ult frea
the actl... of tbe appliC*ltJ
That ,ratl... the v_laDe. I'~ t.. vill DOt confer on the appli-
cac an, .,ecial poinl... tluit . ..i.. b, chi. Ordinance to
other 1__. bulliliDp. 01' Ie .. iil the .~ &01\11\1 di.trict;
Thac liCeral lnCerpntatiOD of provi.iOD. of thi. chapter
would deprive the applicant of C. ca.DOftly enjoyed by other
proper tie. in the .....vntaa trict under the terma of the
ordinance _d would work ~.ca ar., and undue hardah1p Oft the
applic_t J . '.~" . i'
That the variac. ,rated i. t . lIi:am. variance that will make
po..ible the l'e..onabl. UI~ of '. eland, buildina. or .tructure; ,
That the ,rant of the variance ,a,11 be in hamony with the ,eneral
inCent anel purpo.. of thi. chapter and that .uch variance w 11 not
be inJurioua to the area involved or otherwi.e detrimental to the
public "elfare. .
taDc.. ai.t which are peeu-
Wi.. iaol".d and which are
ew.'. 01' buildifta. in the
b.
c.
d.
e.
f.
:~J
-.
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e
e
lOUD OF
S1'MENT
1. ~ppl:lcation aoaplete, ligned etc ./
~. Co~:lIGal v'
8. Correct Adan.. .,
C. U.. of property "" ,~
p
2. Pl'aof of ~IdP (aopy of +, ~J..vd~jP"'__;
,. Survey tel. thin 10~. with coJ.ct legal ../
. ; -' ~':" -~ ~'"
I
~
.,
1
./' -.-
4: Site Plan
5. Letter of ~uthor1..tion
"~
,'t.:.
6. Certified list of property oWners w/i 400' of said property,
with legal description. HaYe~applicant to sign.
e also copy of map showing loc~ion)
7. Paid receipt for fee #' 7-' W7
;'
.
Signe~K
Date ~~".t
.
-
-.
, ) "
- '. ...... . I _"....V "-~'- .....~. ..Lv..... toLL.t...:-..l J..L;UU~Lt.:...~dU,t.
to be reduced to 6 )5 sq. ft. lot, areA to .
construct a ainqle ~amily residence.
'. t. : .
:1' ':-.
. .
AcSdrei." ",' '- 1210,H. w.' 7th Court
. _.' _. _ . i ~ .,)
,'Applicant '<.,' - Carol. Lankin "
',-
, .
Ca.. '57 - Lot. 14, '15" lIS, 17 1 21, ItARKER ESTATES; recorded in Plat:
., , Book 10, Pa9'e 37, Pala Beach ,County Records.
. . : ! ~. .... <.- --
Lota 1 'aneS 2, Block B.' HATHAWAY. PARK, recorded in Plat: Book
13, paqe 17, palDl, BeaCh County Records. .'
bqu..t: ::>::.::: ~ Reil~f ~~m:' zonhq' ~CJU1.t1on., .Appen4~ A~-
, , ",' ,'., '.:', ',' 'ZoniDe) -, COde of Ordinances, Sect10n 11-8-16
, ',,': / ,:', :'-:~ (4-1), requJz1Dg'101 puking space. ~or': "
':'" ,'. .,,,,,.~~;t:.'.~~."i";'\:x..U1JZ1Ul1:, . 1:0' be reauc:eCL.t:o 7S P&J:Jd.nCJ .paca..
, ' " " ,~or 'aD ~41tJ.cm to the restaurant. : '
.: ."'," I" ".. " . , .'~ ..: " . '. : ..'. ...
" Addres.,.....'. 1021 sOuth rederal.'HiqhWaY
. ' ...:"....~.,.. :.:::~''''..!~~.~:~,..",~.' "'-. '.'~~"'.'.~', .....:.......:..:. ;'" . ". "~".. .
'Appl1cant:'.:~;,..~J.'.O.';Scatt: ".~. ,I :':." .,,' ~:".~~..
, , :' '.: :'>:': , Luc1UAt ,.1 O~ley'.' Rest:auran1: .'
.... '. ".;,>:>..&.',; ....\.i,.."..1~:";:~J.:~:.\..~.;.<.~!..-:..'.:... ......;..:~ ~ . .::'.:.:.....~i~~':l"-
" ' 'awner.." ,:;< -: .;..;. Otl."...:, Mazy Luc1lle Scot:1: '. !
. .. ~. 'i...:; " . . '"l :::'.. '. ': ..' '4:' . . ':'C -......... _'O -. .... .. ~'. . ~~' .!..
.. Ca.e '58 .' Lots 1 ,: 2 of.' ROUSSEAU'S'''SOS01VISIaf accordinq ~ the. pla1:-
. , . 'of recorel anel' reeordec! in Plat Book 1, Paqe 14, Public .
,,---~: rtecords of Palm Beach County, Florida. 'Also all that part
, " of Section '33, Township 4S South, Rang'e 43 East, lying west:
, of said Lots 1 , 2 of. Rousseau's ,Subdivision and lyinq East
of the ,East right-of-way line of U. S. '1 except. that pa~t
takeJY'for S. E. '15th Avenue.
.. .
" .
. '.'
'.
'..l':t;: '
""....
'.: .
'{f
. .....
"". '
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......-... .
.~;.:~
- Relief ,from zonincj regulations, Appendix A-
Zoning - Code of Ordinances, Section Il-H-16
, (d-2), requirinq 653 parking spaces for ex-
J
istinC} shopping center, bank and proposed
restaurant, to be reduced to 562 parking spaces
'.. ' , for space for the proposed restaurant"!.
- 1606-1634 South Federal Highway, Causeway
, . Square.
- Thomas R. Blum, John Therien
- James D. Casto, Thomas K. Ireland , Bernard
Schoninqer
A PUDLIC HEARING will be held relative to the above applications by the
BOARD OF AD3USTr<lENT at the City Hall, Boynton Beach, Florida, on ~tondaY',
April 9, 1984, at 7:00 P. M. 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 Board of Adjustment 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 proceedinqs is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Request
/"
..
Address
Applicant
Owners
B01'\RD OF 1I.OJUSTMENT
CITY OF BOYNTO~ BUeR
:bjm
PUBLISH:
1994
eCI
"
-
;,
.".
-....----..-.-.--.----.-
J,-'m,,'" D. C'~~!:". .1:"-';<:'1 7~. I:r.~land.,& Bernard sc~nge2:
p"'l.L":; f.'::'-'~ ~"'''\~~''T r..",,1 -ti""',,, 7\-rro;n,:1ix 1\-Zo~i;,i.. 'i.
of (')r.din"'nc~::1,. ~"<::tiCln 11.-Ir-j<; (c~-2), requiring ....
parking :lp:'\CQ~. [or ~:.d -. ~:; ng ~l,orping canter, ban.. cU\d
propo~ed r~"~:""lr"'nt, .'..... 1:,'1 -::-,,:':',~ccd' to 562 parkh\g apac...
.;!O.~ \ .
. ';'~:!~f!f": "
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,;::T~'~~": ('.~l ,.....r.T,T:-: !"~ ~(TG
lir.;\RING \H r.L r'~ .,..,'... -'.
BOYNTON DEi\C!l ~~:";':,;:'" ".
:: -.:'..... F ~ T..L, 120 EAST
.', l.:r 7: ('1 Q 1'. H.
J\pplicant:
T;;--'~'" ~
.,.. \ ~.' .
..... ..'"
, .,
O",'mer:
R~quest:
i
:,.1
j
!
,
Proposed U:'Jo:'>: RestaurZ"nt,"
.. .
Location:
160"":'lfS:l4 ~,.."..,~ ..-M'......,'. ":_'--'-'~~ C"""'l,,""''''y Squa.J:a"
!Jotr; 1 r, ;;0 .....r ~-"'~--'-'!'~ :"--"--:::."::r:O~T ilr:cording to .'
th~ pl;:tt ~:: ,--_.-..~ -_.~ ~~,,:-,-'-" 5.n T'la'.: Book X,
r0'J'~ 11, ~'~!~"1~~ ...........--:....-...-- r-~ '!-'-:7':1 7"'~~(:11. Co,"'.ntYr
Flo-:::i.-l.... ~\1-ro. :,i_i. ".-'. --,': -:; S~c~ir>n 33, Townsh1p
tlJ S~"'~h, r';"1T"~""; II] 7-"'::, Iv5."'rr .,.;c~t of said Lots .
1 " 2 0::' .....'11'..-.....'1lrt """'-;'/i.;i;",\ ;lnd lying East of 1:he
~",,..t ri.r""-"-~--"-"."-'" "-: ~-.., "l',,",xc"'pt that part
t"'.~"'-n fc r :~. -:. .L~. ~.~.~i ]\,~."-:~U~.
Notice of a r~qu~~tcd. "j:"rl"'n~':' i~ ~':'r:t to rrop~rty owners within 400
feet of the applicant.. s prop~rty to <Jive yeu a. chance to voice your
opini~n on the subject.
Comments may be heard in pnr~cn at the meeting or filed in writing
prior to hearing date. If further inff''tT.'ation is desired, please
call 734-8111, ext. 205, City Cl~rk'5 Office.
Any person who desldes to appeal any d~cision, of the Board of.
Adjustment with respect to any matter considered at this meetinq
will need a record of the proc~edings, and for ,such purpose, may
need to ensure that. a verbatim recor~of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based.
I1EGAL 1\D~>rEPTI:-~~~r"~lT:> ~~~Tr.TJ ?\---:"~ IH 'f~~~ :';',-,C!I 22 &
OF THE IlOYl!TG~r ;;r:7\crl l1T':"',"; :T~TJr:T\I..
1984 ISSUES
...."
L...1 ,
,'. <'. q~~,{~~y::,
"'.\.\{~,;'t:
J'
. ,
Bt~TT'f S. BORONI, CITY CLERK . '..
"CITY or BOYNTON BEACH ,..~~~:.
- I . ' :- REcEl':g)
( "-..<-c tG) 0'-1-<!j, 11.~(-:!lJ~ mr d O:I~":~ ~::!
(c./" "--;/ ,y .' 9 !,r~ .; - ,~a4. t
bjm
March 21, 198~
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FROM:
'REFERENCE:
BCMd 06 Mj!L,~.tmC.lt-t Mvnbvw
c-0Y c~ CC'!J,...tOIt Bcnc.h Sta66
"
CASE * & AOOR[S~:
.
StitH su,. "./1<'1.C~/~,u, - BOMd 06 AdjlJ1.tmUtt
~S8 - 16r~ - 1634 S~uth red~at Highway
MEnn'G VAT[:
t\Jr.
")" : r
~ ~ ~ -1
CURROIT ZONlI.':]: C- 3
...._......_..__.....,. ."_ ""I"",,.
VL."'\..."JrllVI~ ~,I \_'.'1'
"('!/l.6 I'rw,,!, Subd,{v~'-!l..i.Ott
r.... ft
t "
" i.,
O:J.'NED BY:
Tho~.'t!' r::. ['I'ttm, ]01111 ThvU<!.n
FACTS:
1. S/1(Jpping CC/lt('/'t WITh cOInf',rrJ(',rf -</1 1960.
2. UndM.the. oid pM/:Jttg JtCOqlU''t(')'10t.U" .tJUA .bhopp.{ttg c.en.te.t and bank bu.i.t.tLi.ttg
tJ,}(!lLUi IlCqU/M'_ J/4 )Xt'tk.i./:i] .~"':i'('"L
3. Th~e Me 457 ew.u.ltg pa/I..u'llg ~pac.C6 a..t .:tJUA ..tUne,
tv
4.
UYlrfe.-'r. .tJ1C p't(,M~f ~'l,'t?'{I','1 r-.J;l1ll1tCI', .tJ1.i.-6 -6hopp..i.ng c.en.te.t Md ba.l'l~ wcu.t"
!lrJllL-Ute 623 lJ''Tcr....
s.
Th<!. p!t.opoMd MAtatL-'l!lI'l.t it, 9C'.(,119 :to C.Otu,tJLuU an adcU...Uonat. 10S pM/Ung
.6pac.c.~ Wh-i.cJl wClltd l!MuLt ill rt .to.t(1t 06 562 pMUng ~pac.u ~O'l the e.x.i.6Ul'lg
.6hopp-i.ng c.c11.tCJt, bat1k OJ:d p.~('p(lu.d ltC6..taLN'lan.t.
The pltC6CIl.t paltk.<.ng Oltd.(,l1llltCCA !tCOll-Ut{,-6 653 pMUng ~pacu ~OJl .t11C ewUl'lg
~hoppil1g ccn.tu., bank ami }:'lopoud ltC.6tt'lWU1I1.t.
6.
7.
Tlte. })JLopoHd !t.1'~.talLlt(tI:.t 1('C'u.td Ilcqu-Utc 30 ~pacC6 ul1deJt the pJtf..6ent pMlUl'lg
O.'r.d-i.llO.ltC~, hml'c.vCJt, .thc~1 (l'tC COtu,t.JtUC,t,{.11g 105 ~pac.u. Th~c6oJte,.the e.w.t.il1g
l1ol1-c.0I160,~mtl1g I1w71bCll 00 }Ja,':.r..(119 -6pac.l'-!l will be -Unplloved by 75 ~pa.c.u..
~).'pUC1Ht..t .i..JJ b,~J.l1g.(,ng tJ1C c.x..(~.t(l1g 6/10pp.<.ng c.en.t~ paltkhtg lot up to code Ilega..'l
,,(,119 ..the ncw .fallCu, cape OJld pMUng du.-lgl'l olld.iMnc.u. .
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SOMd 06 Adju..6tmCI1.t ,\{e.mbrJ:,6. .
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MINUTES - BOARD or ADJUS1'MEN'r..,.;~;.:''',:';.;t;. ,; , " -',
BOYNTON BEACH FLORIDA.' "..:Jr~'J.;.:'~', .,-.'....::...l,~ . APRIL' . 9,. 1994
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"In other words," Mr. GrogsbareLaeked, -if he wOuld leave it
as it is, he would not have to come before this Board for a
variance?" The Members confirmed that vas right.
alone,
Mr. Ampcl withdrew his motion and Mr. Gordon withdrew his second.
Mr. Weinberg thought Mr. Keehr put it in the proper way and
wished to adopt Mr. Keehr t s language into a motion. lie moved.. '.
to grant the request for a variance of 26 parking spaces in c'-If
to allow the restaurant to build the structure they have
planned to build. Mr. Ampol seconded the motion. At the req~~~~
of Chairman Thompson, Mrs. Ramseyer repeated the motion. Mrs.
Ramseyer then took a roll call vote on the motions
Mr. Weinberg
Vice Chairman Ampol
Chairman Thompson
Secretary Gordon
Mr. Slavin
Mr. Moore
Mr. Mearns
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 7-0. The request for a variance was granted.
Case 158 - Lots 1 , 2 of ROUSSEAU'S SUBDIVISION according to
the plat of record and recorded in plat Book 1, Page
14, Public Records of Palm Beach County, Florida.
Also all that part of Section 33, Township 45 South,
Range 43 East, lying west of said Lots 1 & 2 of
Rousseau's Subdivision and lying East of the East
right-of-way line of U. S. .1 except that part taken
for S. E. 15th Avenue
Request - Relief from zoning regulations, Appendix
A-Zoning - Code of Ordinances, Section 11-H-16
(d-2), requiring 653 parking spaces for existing
shopping center, bank and proposed restaurant, to
be reduced to 562 parking spaces, for space for the
proposed restaurant
Address - 1606-1634 South Federal Highway, Causeway
Square
Applicant - Thomas R. Blum, John Therien
Owners - Jamos D. Casto, Thomas K. Ireland, and
Bernard Schoninger
Secretary Gordon read the application and the answers to ques-
tions a-f, paragraph 5 of the application.
Before asking the ropresentativos for the applicant to come
forward, Mr. Keehr explained the surveys.
- 8 -
e
'. .','.iii"
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
Mr. Reehr indicated S. E. 15th Avenue (Woolbriqh~ Road), the
bridge, Causeway Shopping Center, where Grand Union used to be,
and K-Mart. He laid everything is south and showed where the
new restaurant will be and the parking that will be added to the
area. Mr. Gordon noted it was in back of K-Mart.
Mr. Reehr informed Mr. Gr081bard that the entrance to the
restaurant will be from the Causeway parkinq areas. Mr. .
Weinberg asked if it would actually be on the Intracoastal, v', ',.
Mr. Keehr replied that it would.
Mr. Reehr said this was built in 1960. He did not have the
parking requirements for 1960 but did have them for 1962, which
would have been similar. At that time, one space was required
for every 300 square feet of gross useab1e area. Today, one
space for every 200 square feet of gross useab1e area is
required, so naturally, that means they are 1/3rd short of what
our requirement is today. Under the old parking requirements,
for the whole shopping center, Mr. Keehr said it vas 413 spaces.
Right now, they have 457 parking spaces so they had more than
enough spaces when they built the development. One Member
noted that now it requires 653. Mr. Keehr said that was because
now our Parking Ordinance requires one parking space for every
200 square feet. However, this is all existing, and Mr. Keehr
pointed out that there is nothing they can do with that.
Mr. Keehr showed what would be added. Under today's Parking
Ordinance, 30 parking spaces are required and the applicant is
going to construct 105, which means the entire parking center is
benefiting by 75 spaces. By adding an excessive amount of park-
ing and constructing the restaurant, Mr. Keehr pointed out that
the applicant is going to improve the whole area by landscaping
and will end up with a total of 562 parking spaces.
By the fact the applicant is constructing his building, Mr.
Weinberg determined that the applicant becomes part of the
entire shopping center. Therefore, the entire parking center is
the applicant's responsibility as far as bringing it up to the
623 spaces. Mr. Kechr confirmed that was correct. Mr.
Weinberg asked if the Board was being asked for a variance for
the entire shopping center in the applicant's behalf. Mr.
Keehr answered that was correct.
Mr. Koehr explained that the applicant is asking for a variance
of 101 parking spaces as required under today's parking
Ordinance. If the applicant is going to bring the parking
center up to the required parking spaces, Chairman Thompson
asked why the variance was needed in the first place. Mr.
Keehr replied, "Because he is not." First, they had 562, and
Chairman Thompson noted it calls for 653. He said tha~ was
91. The required parking spaces are 653, and the proposed plan
calls for 562. The difference is 91, so there was a mistake.
- 9 -
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e
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
Mr. Slavin questioned whether there was any error in the original
figuros. Hr. Reehr replied, "No." He referred the Members to
'4 on the "FACTS" sheet, which he read: "Under the present
parking ordina~ce, this shopping center and bank would require
623 spaces." Mr. Reehr said the restaurant would require 30
more spaces, 80 he told the Members to add 30 to the 623, and
thoy would come up with the 653.
'.
Thore aro presently existing 457 parking spaces. If you add - ,
105 to that, you arrive at 562. Mr. Reehr said it all boils
down to "x" number of spaces under today's Ordinance for the
entire shopping center for all of the square footage in the
shopping center including the proposed restaurant and exist-
ing bank. However, when the applicant adds this new restaurant
he is adding more parking spaces than is required by today'.
Ordinances. Consequently, the rest of the area will be bene-
fiting from it, and they will be parking there when the
restaurant is not open and will be utilizing it and vice versa.
If he is going to upgrade the shopping center to more than
what is required, Chairman Thompson asked what the purpose of
a variance was. Mr. Reehr explained that the reasoning was
like the prior case, when you add to something or square footage
to something, you must bring it up to today's Code in numbers,
design, and everything.
Since this is a separate lot by itself, with the amount of
parking spaces they are building for their square footage, Mr.
Slavin asked if the applicant would be over and above. Mr.
Reehr answered, "Right, in the shopping center." Mr. Slavin
asked, "If it was in an independent lot?" Mr. Reehr explained
he had to say in the shopping center because in an independent
lot, it would require more parking for the restaurant and would
throw everything off. Mr. Slavin noted Mr. Reehr said they were
adding 105 to the parking lot and thought it was confusing
because of the fact you take in the entire square footage which
you would call useable land or useable area that would require
so much. with all of their work and upgrading, Mr. Slavin
pointed out that the overall is still short. Mr. Reehr
confirmed that was right.
Mr. Weinberg asked if the type of restaurant would have any
bearing on it and whether it would be like Gentleman Jim's or
the Banana Boat. Mr. Keehr answered that our Ordinance does
not specify types of restaurants. It can bp. any nature of
restaurant. By being in the shopping center, Mr. Weinberg said
they are taking advantage of the fact that all of the parking
space they will need is 30 spaces. If they were an independent
lot, as Mr. Keehr brought out, they would probably need a great
many more. Mr. Weinberg referred to the Banana Boat and said
they get a great deal of parking. He asked if they will overrun
the entire parking area and deprive the other stores of parking.
- 10 -
_.~___u.._~______._____._._ -_..--
8
e
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
..,
The Banana Boat, as it sits today, only hal about 75 !paces, and
Mr. Reehr said the applicant has 105. There is a comparison
right there. If the applicant was buil~ing on a private aite, he
would have seating fer 320 people with those parkin9 requirements
and Mr. Keehr did not believe this restaurant would have that
many seats in it. On a private lot, he would be over in parking.
Chairman Thompson advised that the only reason the applicant i
before the Board is becnuse the present shopping center does
meet the present requirements. Other than that, the applican,
would not be here. It was the same situation the Board just
got through with. In order to make an improvement, because of
non-conformity, the applicant had to come before the Board.
Paul Slattery, ArChitect, Slattery-Root Architects, 2101 N. W.
2nd Avenue, Boca Raton, Florida, said they were not only providing
enough spaces for the restaurant but in addition, it would benefit
everybody in the shopping center and surrounding areas. In
addition, Mr. Slattery pointed out there was an existing, run-
down condition with a minimal amount of landscaping. They have
provided new landscaping and landscape strips, an irrigation
system, and are easing the overall parking situation through the
entire development.
Chairman Thompson asked if anyone else wished to speak in favor
of granting the variance. There was no response. Chairman
Thompson asked if anyone wished to speak against granting the
variance. There was no response.
'j
About two or three years ago, Mr. Slavin recalled this Board had
to consider a variance regarding the Banana Boat. A lot of
penple living in Coastal Towers voiced their objections for
r~3sons the Board had no control over. He noted the Board
had a letter similar to the objections raised by the various
people who spoke against the variance that the Banana Boat
asked for.
Secretary Gordon read the letter which Mr. Slavin referred to.
The letter was from Mary L. Moran, 646 Snug Harbor Drive, Apt.
408, Boynton Beach, Florida 33435.
Mr. Slavin referred tofuc requirement that a notice be sent to
all residents within a radius of 400 feet and asked if that
also applied to the various businesses in the shopping center.
Mr. Keehr answered that all persons owning proper~y within 400
feet of the entire outlino of the shopping center were notified.
He informed Mr. Slavin that a lessee does not get notification.
Chairman Thomoson asked about across the Intracoastal. Mr.
Keehr answered, "No. That is in Ocean Ridge." Chairman
Thompson advised there is a piece of land that belongs to
Boynton just south of thore. Mrs. Ramseyer said she had the
list of those who woro notified if the Members wished to see it.
- 11 -
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MINUTES - BO~RD OF ~DJUSTMENT
BOYNTON BE~CH, FLORIDA
APRIL 9, 1984
I
.:!I
So that it,would not create a problem, Chairman Thompson pointed
out once again that it was before the Board because the shopping
center at the present time does not conform to the City Code
in terms of parking spaces.
Mr. Weinberg wished the minutes to reflect that an error was
made and it is 91 not 101 parking spaces. Mr. Xeehr informed
Chairman Thompson that it brings the shopping center 91 ~
parking spaces shy of the Code. That is why the applicant i
asking for a variance.
If the shopping center is short of the amount of parking spaces
according to Code and people come in, Mr. Slavin asked if the
Board has the right to change the Code and compound a felony.
Mr. Keehr advised that the Board is not only "compounding the
felony", as Mr. Slavin stated, but they are improvinq a non-
conforming condition, and they just passed a variance that
came before this. This is the same thing. Mr. Slavin pointed
out that the other one was a business that has been established
for thirty odd years.
In almost any case that comes before the Board, Chairman
Thompson commented that the Board is going against the City
Ordinance. If not, the applicants would not be before the Board.
If the restaurant is not to go into business, Mr. Weinberg
pointed out that the parking area of the shopping center would
be approximately 166 spaces short. By the restaurant coming into
business, they are adding 75 parking spaces to a condition which
is existing at the moment. Therefore, the restaurant is assuming
the difference in what the shopping center should have and what
t~ey have and are narrowing that difference down by 75. Mr.
~einberg did not think the Board should penalize them for some-
thing which was changed after the fact.
If the owners of the Causeway Shopping Center are short of
parking spaces, Mr. Slavin wondered if they know they are short.
He asked if they made no effort to amend it and recalled that
they recently did some work there to improve the parking
areas, etc. with all the land, Mr. Slavin thought they could
have put in the additional parking spaces and bring themselves
up to Code, especially when the amount of spaces required were
being reduced from 300 down to 200.
Mr. Keehr referred to Boynton Plaza and said the~ are short of
parking because of today's Ordinance which is only a year
old. He said the shopping center on 36th and u. s. 1 was also
short of parking. They are not going to buy any more property
because none is availahle. Mr. Keehr explained that they are
improving a condition that under today's Ordinance would call
for more parking, so the applicant is giving 75 more spaces.
- 12 -
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MINUTES BOARD OF ADJUSTMENT
BOYNTON BEhCH, FLORIDA
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Mr. Heinberq moved that the Board approve the request for a - :'
variance from Thomas R. Blum and John Therien, as the Applicants,
for the 91 parkinq spaces in order for them to complete their
project. Mr. S1avin seconded the motion. ,~' .,-::,_ "
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'.
Chairman Thompson requested verification aqain from Mr. Xeehr
that it is 91 and not 101 because if,91 is put in now and they
find out later that is not 91 but really 101, they will have.
another problem. Mr. Keehr went over the figures and said he~
made the statement that in both cases (on the "FACTS" Sheet i.: ..'
on the application), the eXistinq shoppinq center, bank and Pl
posed restaurant will require 653 parkinq spaces. Mr. keehr
confirmed that fiqure in two different areas and was confident
of the figure. He was also confident of a figure that states
that the present Parking Ordinance would require 653parkinq
spaces for the existing shopping center, bank and proposed
restaurant. The difference between those two figures is 91 and
not 101. Therefore, Mr. Reehr was reasonably confident that 91
would hold up.
Chairman Thompson requested the Recordinq Secretary to read the
motion and have a roll call vote:
Vice Chairman Ampol
Chairman Thompson
Secretary Gordon
Mr. Slavin
l>lr. Moore
Mr. Mearns
Mr. Weinberg
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 7-0. The request for a variance was qranted.
Mr. Reehr had the feelinq the Members think they are put on the
spot at times and said the people really have nowhere else to
go. This is the only Board that can make those kinds of
decisions and allow these kinds of ~provement8. Chair.man
Thompson thought it was good that all facts nre brought out.
ADJOURNHENT
There being no further business to come before the Board, the
meetinq properly adjourned at 8:40 P. M.
CJ1i;;;.fi.~~
(Two Tapes) I~ (j
- 13 -
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to be reduced to 6,r -; sq. ft. lot, area to " "
., .~,,,:... ," :;~~~~fl1~:.:/.:1, con.t.:~c:~ a .i,n~le 1._dily residen:~." ..' ';.
\ Addre.. d. ;'Yli~:~';';- 1210 N. 'if. 7th' Court. . " ,,,,
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" Applicant:'~,?~;;.:,- Carole LankirL '. . .
1"~~ .\,.\' ~;.;:..;., "~>i' ""t'I; ". ..._'" ~~( r, iI;,","; .
Ca.e 157 - Lota 14,\'15;'16,17"21, I!ARKER ESTATES; reco rde4in Plat:
, Book 10,"age 37, Palm. Beach .County Rl!cords. .... .
.' . "'t I t f ~__ ;! ~. . ~ "',' f, ~,;, .." , , ! . t . ' , -- .
r.ot. 1 'an4 2; Block Bi" HA'1'HAWAY PARK, recorded in Pla1: Book.
13, Page 17, Palm BeaCh County Recor~.; .' .' ....
. "'\;'>/',l1-v.~'),~~""'~""~'._'.;"'.'~ ~:.i,," ~,":"""" ...... , "..' .~.~:. ~
. bque.t ....:../;.,:~~- Relief ~J:OIIl zoniDq r.qul,..~ion., .Appen4~ A- '
..' .~, '..:/<". :'. 'zoning -. COde of OrdiDancea, Sect:J.on lI~B..l'
, . . .' .:~ ,.,:::: (4-1), requ1J:1Dg'101 puking apacea fOI: . .' .
. ',. ..... :. :.;:.,!~~!.~~:i.i:';:>(;~e.i:.aUZ'8Zl1:, . to. be reduced.t:o 7S .pulc1ng aiNLc:e..
. .' i. ~ ,'" h'; .for ana441t:1on to t:he r.at:aw:ani:. .
I ~.:' "", "-':"!"""'" ,i., .."~f I:;!, " ,,:>'.' ~~ .~~'. ' ,"
'. M4re..(".,' <- '1021 Southrederal.JU.qhWaY .'. .
'j', .... ,,:,,~,,;,,::;/~";:'5!I\~~"~'~I.' .....". :..~t.,.:: I,;:: ..,; '; . " . ',.. '\. ..~..;,,:. >
.. '. .Appllcant...i..:.....~, - :r ..t: . d" . i :....,., ': :"':~"'.: .
.': . ." ,.,.' Otley'.. "at:aurant:
,." ..'.....;.,;...~ . . .:--1".,'....~'{~~~,:.
~...~U~l. sco~~... ", '.:. ,,>.;~'(:'"
lntVIslcm according. ~ th.~ plat: ~: ",'
'.at Book 1, Page 14, Public .".
, Florida. . Also all tha~ part
ill')Uth, Range 43 East, lying w.st:
n u' s .S, ubdivision and lyinq East:
U . .of U. .S. '1 e~cept. .th~~ pa1:.t .
. .
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'nincj reqUlat:ions, Appendix A-
of Ordinances, Section Il-H-16
19 653 parking spaces for ex-
! center, bank and proposed
be reduced to 562 parking spaces
1. proposedrestaura.n~"!. . .
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MNNING AND
lONING DEPl
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oout:h Federal ~ighway, Causeway'
..~\1are.
. '
.. '.I'homaa R. Blum, John '.I'herien .
.. James D. Casto, '.I'homas K. Ireland , Bernard
Schoninger
A PUBLIC HEARING will be held relative to the above applicat:ions by ~e
BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida, on Monday,
April 9, 1984, at 7:00 P. M. All interested parties are notitied to
appear at Baid hearing in person or by attorney and be heard. Any person
who decides to appeal any decision of the Board of Adjustment 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 verbat:im
record of the proceedings is made, which record includes the test:imony and
evidence upon which the appeal is to be based.
ontlPlicant:
Owners
BOARD OF ADJUSTMENT
CITY OF BOYNTO~ BEACR
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PUBLISH:
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DETTY S. BORONI, CITY CLERK . ~
. 'CITY OF BOYNTON BEACH ... ~[\'~.'
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W:;;\RING \'In. L r:~ ...,., ~ .', .,...,
BOYNTON BEACH ;'.";'1.':''''',
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Applicant:
'T~'''''''''''''' ~ ~ ~
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OWner:
J(\!'l,,~ D. C.""\r, tn, ,1]1<"'1"'''1 T':. Il-~li1.nd & n~rnard Sc~onin9'er
, , ,
'P~l.t,,( f:-."".i1; ":G'\i",,"1 r"'-"1~~Hn",,;, r\Dr~ndix A-Zonir~l.,...,.
of Or.d.i.n"nc~~,. S':'ction ll-J[-J r; ((;-2), r~quirin9 _"
parking. tlp;,c~~. for m.d.'-; ~.:i "'T ""~arFtng c"'nter, ban"" and
proposed r,,':"!:.'''7't'''J~t., ...., "" r~';"ccd to 562 parking apace..
Request:
Proposed Uno: Restaur<:1nt...
....
Location:
1606':1634' ~,.....,,'~ c~r1~.,~, "!~"'--'" C';'!,'~"l""'i'lV Square.
10"'''' 1 ~ /...... rr "~".~~-""":-: ,-;'" --~T""""" to.'
J \,,> '~ .., ..': _'I' 2~r:n:r.;-d..ng:
th~ pl;:!c r. ,.....~,... -.... .._".....-., 'n "1;11: rook 1,
rGJ"~ 11, :....'l'f......~:;. "':......-.~\~........ r~ ':""',+".~ "':'...~r-:;"\. (":~'lntYr
Florll-j,.. '\1~(". ":~.l~" ~" "'--;'. r~C ~""'r:~i''''''n. 33, Township
-1~.; .s'l'1~'h, P;:l,..,rr~ It] F-~~'., 1y'.": wc~t of said Lots .
1 F. 2 of r'l".,-~~"t!' :"'-r':'r1.-i..." ;:Ind lyin'j East of -the
;:.,...t rJ.r""'-~~-""-"; ;.,... ,or' r-. ". ~l ("xr:~~tthat part
t;....\.......'fl fo"t' t:. ....:. J.'Ll1 },-.,....-~u/~,;..
Notice of a r"'qu,.,~ted v;'!rJC1T"~~ i~ ,..,~.., t to f'rop~rty C','n'''~rs within 400
feet of the applicant's prop~rty.to <)juc you a.chance to voice your
opinion on the subject.
Comments may be heard in penon at the mn.eting or filed in writing
prior to hearing date. If further infr-D"'(1t.i.on is desired, please
call 734-8111, ext. 205, City Cl~rk's C[[icc.
Any person who dec.1des to appeal any dcci~ion of the Board of .
Adjustment with respect to any matt:~r considered at this rneetinq
will need a record of the proceeding~, and for.such purpose, may
need to ensure that, a verbatim rec0r~of the proceedings is made,
which record includes the testimony nnd evidence upon which the
appeal is to be based.
LEGAL ADVEnTT~~r1FnT;, ~nr,T. r"''''~7\." Tn Tfro:-: ;'-"'cn 27. &
OF THE BOYllTm! nr:i'\ClI 111."':) ~":'r;Uf'P.:\l..
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1984 ISSUES
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REFERENCE:
CASE" 6 AOVRESS:
MEETING VAT[:
CURREU'T ZONHJG:
BOMd 06 Adjw,(mc.I1<t Me.mbeM
C~!I 06 BOYIt.ton Beach S.ta66
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St~66 SUI', AMtl}!',u, - 80iVld 06 AdjuJdJnent,
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'58 - 1606 - 1634 South red~al H~ghway
^p~<1.. 9th, 1?F1
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VI L.VI.
(, 2, P:OUl;!, ('rl/U, Subd),v,u,lon
Ll)t^
cYJJNEV BY:
Thomah R. Benm, John Th~en
FACTS:
1. ShoppIng CeIl1",,'!. WO.6 con4.t~ucted ill 1960.
2. Ul1d~.the old po.JtlUY\g llequ.0temc,ltU, .titi6 .6hop,xng ce.n.tell. and bank buU.t.U.ng
woutd llequ.L'I.e 414 pCVtfUng 1>pOU.l,.
3. TheJle. Me. 457 ew;t{,l1g pMfUng .6paCM at .tIUil Ume.
..
4. UndVl.the p'tMC!1t paJtkb'!J oftdtl1ttnce, .til-<A 1>hopplng ce.n.tell. and banfl <<Ioute..
lLc.qu.0te 623 1>prlC'.M.
s. The pltopoHd JtMt..a.Wlaltt ,u, golrtg 10 COlt.6,tJtuc.t an adcl.U.lonal. 70S piVlung
.6paCM w/uch would JtClluLt iY\ a .totn,t 06 562 pM lUng .6pacU 66'1. .the u.i..6.ting
.6llOpplrtg celtteJl, bank OJ1d pJtOp01> ed ItCll.taUllant.
6. Tlte pltCU,tt.t paJtlUng oltdll1al1CCl> lLequ,,{.!l.rl> 653 PMlUng .6paC.M 60Ji. tM. u.uUng
.6ltoPP,{,119 CC.IttVl, bank and pJr.opoM!,d ltCl>ttl.LVtal1t.
7. The pltopoM.'.d !t('.6.tauJtattt woutd lLequUte 30 .6pacC?A undVt .the. p1I.t.6e.n.t pMMng
oJtdblltl1Ce, how(',veJt, .tile!! aM c.olt.6.t1tuct..tng 105 .6pacU. TllVte6oJtc.,.the tWUt1g
/1011- cOlI60!U11~119 numbeJl 06 pcvtlzi,"9 .6paCC'll will be ..tmpllove.d by 7S ~pact.6..
!. ~+'pUc.a.ltt,u, bJ['(119~1'l9 .tile ewu"9 ~ /101'1'11'19 cen.tCJl. pMlUng .tot up to code JLegM
..tllg .the new f,allcUc.a.pe (1)ld pMlUllg del>ign oJtditUlnc.e..6. '.
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XCI CWJ Clellh. RC'.cOJr.rU.rt9 SeC1[(,~MI}, CUI} rla1111 Vt, cu.y Ma/'ttlgVt, ,BuUcU.ng OU~c,ta.l,
BOalLd 06 AdjlUltmelt.t Memb('M. .
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MINU'l'ES ' ";;;"SOARO 01' 'ADJUS'l'MlN , ,
BOYNTON BEACH, FLORIDA .~i;~{};,,:-;r.;:;>,~.f "
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"In other words," Mr. Gro..bard,',alked"ltif he would leave it alorie,
as it is, he would not have to come before this Board for a
variance?" The Members confirmed that.was right.
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Mr. Ampc,l withdrew his motion and Mr.' Gordon withdrew his second.
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Mr. Weinberg thought Mr'. 'f i<'eehr' put'" it in the proper way and
wished to adopt Mr. Xeehr's language into a motion. He moved~
to grant the request for a variance of 26 parking spaces in ('.,
to allow the restaurant to build the structure thoy have .
planned to build. Mr. Ampol seconded the motion. At the req~~~~
of Chairman Thompson, Mrs. Ramseyer repeated the motion. Mrs.
Ramseyer then took a rollcall vote on the motions
Mr. weinberg Aye "
- "
Vice Chairman Ampol - Aye
Chairman Thompson Aye
Secretary Gordon Aye
Mr. Slavin Aye
Mr. Moore Aye
Mr. Mearns Aye
Motion carried 7-0. The request for a variance was granted.
Case .58 - Lots 1 , 2 of ROUSSEAU'S SUBDIVISION according to
the plat of record and recorded in Plat Book 1, Page
14, Public Records of Palm Beach County, Florida.
Also all that part of Section 33, Township 4S South,
Range 43 East, lying west of said Lots 1 , 2 of
Rousseau's Subdivision and lying East of the East
right-of-way line of U. S. i1 except that part taken
for S. E. 15th Avenue
Request - Relief from zoning regulations, Appendix
A-Zoning - Code of Ordinances, Section I1-H-16
(d-2), requiring 653 parking spaces for existing
shopping center, bank and proposed restaurant, to
be reduced to 562 parking spaces, for space for the
proposed restaurant
Address - 1606-1634 South Federal Highway, Causeway
Square
Applicant - Thomas R. Blum, John Therien
Owners - James D. Casto, Thomas X. Ireland, and
Bernard Schoninger
Secretary Gordon read the application and the answers to ques-
tions a-f, paragraph 5 of the application.
Betore asking ,the representatives tor the applicant to come
forward, Mr. X..hr explained the surveys.
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MINUTES - BOARD OF ADJUSTMEN~
BOYNTON BEACH, FLORIDA,
APRIL 9, 1984
Mr. Xeehr indicated S.E.'15th Avenue (Wo~lbright Road), the
bridqe, Cauaeway Shopping Center, where Grand Union uaed to be,
and K-Mart. He .aid everything i. aouth and .howed where the
new restaurant will be and the parking that will be added to the
area. Mr. Gordon noted it wa. in back of K-Mart.
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Mr. Xeehr informed Mr. Gro..bard that the entrance to the
restaurant will be from the Cau.eway parking area.. Mr.
Weinberq asked if it would actually be on the Intracoastal,
Mr. Xeehr replied that it would.
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Mr. Keehr said this waa built in 1960. He did not have the
parking requirements for 1960 but did have them for 1962, which
would have been similar. At that time, one space was required
for every 300 square feet of grosa useable area. Today, one
space for every 200 square feet of gross useable area is
required, so naturally, that means they are 1/3rd short of what
our requirement is today. Under the old parking requirements,
for the whole shopping center, Mr. Keehr said it was 413 spaces.
Right now, they have 457 parking spaces so they had more than
enough spaces when they built the development. One Member
noted that now it requires 653. Mr. Keehr said that was because
now our Parking Ordinance requires one parking space for every
200 square feet. However, this is all existing, and Mr. Keehr
pointed out that there is nothing they can do with that.
Mr. Keehr showed what would be added. Under today's parking
Ordinance, 30 parking spaces are required and the applicant is
going to construct 105, which means the entire parking center is
benefiting by 75 spaces. By adding an excessive amount of park-
ing and constructing the restaurant, Mr. Keehr pointed out that
the applicant is going to improve the whole area by landscaping
and will end up with a total of 562 parking spaces.
By the fact the applicant is constructing his building, Mr.
weinberg determined that the applicant becomes part of the
entire shopping center. Therefore, the entire parking center is
the applicant's responsibility a8 far as bringing it up to the
623 spaces. Mr. Keehr confirmed that was correct. Mr.
Weinberg asked if the Board was being asked for a variance for
the entire shopping center in the applicant's behalf. Mr.
Keehr answered that was correct.
Mr. Keehr explained that the applicant is aSking for a variance
ot 101 parking apaces as required under today's Parking
Ordinance. If the applicant i8 going to bring the parking
center up to the required parking spaces, Chairman Thompson
asked Why the variance was needed in the first place. Mr.
Keehr replied, "Because he is not." First, they had 562, and
Chairman Thompson noted it calls for 653. He said that was
91. The required parking spaces are 653, and the proposed plan
call. for 562. The difference il 91, so there was a mistake.
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MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
, , ."
APRIL 9, 1984
Mr. Slavin que.tioned whether there was any error in the original
figure.. Mr. ~eehr replied, "No." He referred the Members to
'4 on the "FACTS" sheet, which he read. "Under the present
parking ordina~ee, this shopping center and bank would require
623 spaces." Mr. ~eehr said the restaurant would require 30
more spaces, so he told the Members to add 30 to the 623, and
they would come up with the 653. .....,...:,.:1 ':..' ,
There are presently existing 457 parking spa~es. If you add ~4I,
105 to that, you arrive at 562. Mr. ~eehr said it all boils
down to "x" number of spaces under today's Ordinance for the
entire Shopping center for all of the square footage in the
shopping center including the proposed restaurant and exist-
ing bank. However, when the applicant adds this new restaurant
he i. adding more parking spaces than is required by today's
Ordinances. Consequently, the rest of the area will be bene-
fiting from it, and they will be parking there when the
restaurant is not open and will be utilizing i~ and vice versa.
If he is going to upgrade the shopping center to more than
what is required, Chairman Thompson asked what the purpose of
a variance was. Mr. ~eehr explained that the reasoning was
like the prior case, when you add to something or square footage
to something, you must bring it up to today's Code in numbers,
design, and everything.
Since this is a separate lot by itself, with the amount of
parking spaces they are building for their square footage, Mr.
Slavin asked if the applicant would be over and above. Mr.
~eehr answered, "Right, in the Shopping center." Mr. Slavin
asked, "If it was in an independent lot?" Mr. Keehr explained
he had to say in the shopping center because in an independent
lot, it would require more parking for the restaurant and would
throw everything off. Mr. Slavin noted Mr. Keehr said they were
adding 105 to the parking lot and thought it was confusing
because of the fact you take in the entire square footage which
you would call useable land or useable area that would require
so much. with all of their work and upgrading, Mr. Slavin
pointed out that the overall is still short. Mr. Keehr
confirmed that was right.
Mr. Weinberg nsked if the type of restaurant would have any
bearing on it and whether it would be like Gentleman Jim'. or
the Banana Boat. Mr. Keehr answered that our Ordinance does
not specify types of restaurants. It can bA any nature of
restaurant. By being in the shopping center, Mr. Weinberg laid
they are taking advantage of the fact that all of the parking
space they will need is 30 spaces. If they were an independent
lot, as Mr. Keehr brought out, they would probably need a great
many more. Mr. Weinberg referred to the Banana Boat and said
they get a great deal of parking. He asked if they will overrun
the entire parking area and deprive the other stores of parking.
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MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
The Banana Boat, a. it litl today, only hal about 75 Ipace., and
Mr. Keehr said the applicant hal 105. There i. a comparilon
right there. If the applicant was building on a private .ite, he
would have seating for 320 people with thole parking requirements
and Mr. Keehr did not believe this reltaurant would have that
many seats in it. On a private lot, he would be over in parking.
Chairman Thompson advised that the only reason the apPlicant"
before the Board is because the present .hopping center does
meet the present requirement.. Other than that, the applican.
would not be here. It was the same situation the Board just
got through with. In order to make an improvement, because of
non-conformity, the applicant had to come before the Board.
Paul Slattery, Architect, Slattery-Root Architects, 2101 N. W.
2nd Avenue, Boca Raton, Florida, said they were not only providing
enough spaces for the restaurant but in addition, it would benefit
everybody in the shopping center and surrounding areas. In
addition, Mr. Slattery pointed out there was an existing, run-
down condition with a minimal amount of landscaping. They have
provided new landscaping and landscape strips, an irrigation
system, and are easing the overall parking situation through the
entire development.
Chairman Thompson asked if anyone else wished to speak in favor
of granting the variance. There was no response. Chairman
Thompson asked if anyone wished to speak against granting the
variance. There was no response.
About two or three years ago, Mr. Slavin recalled this Board had
to consider a variance regarding the Banana Boat. A lot of
pe~p1e living in Coastal Towers voiced their objections for
r~asons the Board had no control over. He noted the Board
had a letter similar to the objections raised by the various
people who spoke against the variance that the Banana Boat
asked for.
Secretary Gordon read the letter which Mr. Slavin referred to.
The letter was from Mary L. Moran, 646 Snug Harbor Drive, Apt.
408, Boyntbn Beach, Florida 33435.
Mr. Slavin referred tO~Q requirement that a notice be .sent to
all residents within a radius of 400 feet and asked if that
also applied to the various businesses in the shopping center.
Mr. Keehr answered that all perlons owning property within 400
feet of the entire outlino of the shopping center were notified.
He informed Mr. Slavin that a 10lsee does not get notification.
Chairman Thompson asked about across the Intracoastal. Mr.
Keehr answered, "No. That is in Ocean Ridge." Chairman
Thompson advised there is a piece of land that belongs to
Boynton just louth of there. Mrl. Ramseyer said she had the
lilt of thOle who were notified if the Members wished to see it.
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MINUTES BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
So that it,would not create a problem, Chairman Thompson pointed
out once again that it was before the Board because the shopping
center at the present time does not conform to the City Code
in terms of parking spaces.
Mr. Weinberg wished the minutes to reflect that an error was
made and it is 91 not 101 parking spaces. Mr. Keehr informed
Chairman Thompson that it brings the shopping center 91 .~
parking spaces shy of the Code. That is why the applicant i .'
asking for a variance.
If the shopping center is short of the amount of parking spaces
according to Code and people come in, Mr. Slavin asked if the
Board has the ri~ht to change the Code and compound a felony.
Mr. Keehr advised that the Board is not only "compounding the
felony", as Mr. Slavin stated, but they are improving a non-
conforming condition, and they just passed a variance that
came before this. This is the same thing. Mr. Slavin pointed
out that the other one was a business that has been established
for thirty odd years.
In almost any case that comes before the Board, Chairman
Thompson commented that the Board is going against the City
Ordinance. If not, the applicants would not be before the Board.
If the restaurant is not to go into business, Mr. Weinberg
pointed out that the parking area of the shopping center would
be approximately 166 spaces short. By the restaurant coming into
business, they are adding 75 parking spaces to a condition which
is existing at the moment. Therefore, the restaurant is assuming
tho difference in what the shopping center should have and what
t~ey have and are narrowing that difference down by 75. Mr.
"..oinberg did not think the Board should penalize them for some-
thing which was changed after the fact.
If the owners of the Causeway Shopping Center are short of
parking spaces, Mr. Slavin wondered if they know they are short.
He asked if they made no effort to amend it and recalled that
they recently did some work there to improve the parking
areas, etc. With all the land, Mr. Slavin thought they could
have put in the additional parking spaces and bring themselves
up to Code, especially when the amount of spaces required were
being roduced from 300 down to 200.
Mr. Keehr referred to Boynton Plaza and said the~ are short of
parking because of today's Ordinance which is only a year
old. He said the shopping center on 36th and U. S. 1 was also
short of parking. They are not going to buy any more property
because none is availahle.Mr. Keehr explainod that they are
improving a condition that under today's Ordinance would call
for more parking, so the applicant is giving 75 more spaces.
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MINUTES BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
e,-;'
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APRIL 9, ,1984. , ):':;,:;
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Mr. Meinberq moved that the Board approve the requdst for a .'
variance from Thomas R. Blum and John Therien, as the Applicant.,
for the 91 parking spaces in order for them to complete their
project. Mr. S~avin seconded the motion. ,
Chairman Thompson requested verification again from Mr. Keehr
that it is 91 and not 101 because if,91 is put in now and they
find out later that is not 91 but really 101, they will have,
another problem. Mr. Keehr went over the figures and .aid he:~
made the statement that in both cases (on the "FACTS" Sheet" "
on the application), the eXisting shopping center, bank and Pi
posed restaurant will require 653 parking spaces. Mr. Keehr
confirmed that figure in two different areas and was confident
of the figure. He was also confident of a figure that states
that the present parking Ordinance would require 653 parking
spaces for the existing shopping center, bank and proposed '
restaurant. The difference between those two figures is 91 and
not 101. Therefore, ~1r. Reehr was reasonably confident that 91
would hold up.
Chairman Thompson requested the Recording Secretary to read the
motion and have a roll call vote:
vice Chairman Arnpol
Chairman Thompson
Secretary Gordon
Mr. Slavin
~tr. Moore
Mr. Mearns
Mr. Weinberg
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 7-0. The request for a variance was granted.
Mr. Reehr had the feeling the Members think they are put on the
spot at times and said the people really have nowhere else to
go. This is the only Board that can make those kinds of
decisions and allow these kinds of improvements. Chairman
Thompson thought it was good that all facts are brought out.
ADJOURN~1ENT
There being no further business to come before the Board, the
meeting properly adjourned at 8:40 P. M.
~~~~~
(Two Tapes) lry (j
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JM I I 1996
rn
PLANNING AND
ZONING DEPT.
NOTICE OF PUBLIC HEARING
Michael Carey, agent for the Riverwalk Shopping Center, located on
the southeast corner of U.S.#l and Woolbright Road has requested
conditional use approval as follows:
")- . ')
C: COUS # 9 6 - 003
Owner:
Florida Boynton Investment,Inc.
Agent:
Michael Carey
Proposed
Use:
Drive-through window facility for the existing
Walgreen's Drug Store within the shopping center
Location:
1600 S. Federal Highway
Legal Description:
All that part of Section 33, Township 45 South, Range 43 East, Palm
Beach County, Florida, lying West of the West line of Rousseau's
Subdivision as recorded in Plat Book 1, Page 14, Public Records of
Palm Beach County, Florida: East of the East Right of way line of
U,S. Highway No.1 and North of the westerly extension of the South
Line of Lot 2 of said Rousseau's Subdivision, except the northerly
50 feet thereof taken for S.E. 15th Avenue and also, all that part
of Lots 1 and 2 of Rousseau's Subdivision as recorded in Plat Book
1, Page 14, Public Records of Palm Beach County, Florida; except
that part taken for S.E. 15th Avenue; as more particularly
described as follows:
Begining at a point at the West line of said Lot 1, a distance of
50 feet South of the northwest corner thereof; thence North 890-
41'-13" East along a line parallel with and 50 feet South of the
North line of said Lot 1, a distance of 83,00 feet to a point, said
line also being the South right of way line of S,E. 15th Avenue;
thence South 850-32'-5811 East along the South right of way of said
S.E. 15th Avenue, a distance of 320.74 feet to a point; thence
South 000-18'-47" East, a distance of 105.00 feet to a point;
thence South 720-42'-45" East, a distance of 30.79 feet to a point;
thence South 000-18'-47" East, a distance of 50.00 feet to a point;
thence North 890-41'-13" East, a distance of 21.07 feet to a point;
thence South 000-18'-47" East, a distance of 298.00 feet, more or
less, to an intersection with the westerly right of way line of the
Intracoastal Waterway, thence South 070-07'-50" West along a
westerly right of way line of the Intracoastal Waterway, a distance
of 35.98 feet to a point; thence South 890-41'-13" West, a distance
of 125.00 feet to a point; thence South 070 - 07' -50" West and
parallel with the westerly right of way of said Intracoastal
Waterway, a distance of 80.00 feet to a point on the South line of
said Lot 2; thence South 890-41'-13" West, along said line of Lot
2 and the westerly extension thereof, a distance of 669.33 feet,
more or less, to a point on the East right of way line of U.S.
Highway No.1; thence North 040-57'-25" East along the East right
of way line of said U.S, Highway No.1, a distance of 225.03 feet
to the P.C. of a curve to the left, concave to the West, having a
radius of 2914.93 feet and a central angle of 030-55'-10"; thence
northerly along the arc of said curve, a distance of 199.40 feet to
the P.T. of said curve; thence continuing along the East right of
way line of said U.S. Highway No.1; North 010-02'-15" East, a
distance of 27.09 feet to a point; thence North 890-43'-15" East,
a distance of 150.00 feet to a point; thence North 010-02'-15"
East, along a line parallel with the East right of way of said U,S.
Highway No.1, a distance of 150 feet to a point on the South right
of way line of said S,E. 15th Avenue; thence North 890-43'-15"
East, a long the said South right of way line of S.E. 15th Avenue,
a distance of 170,15 feet to the point of beginning.
C' l'
_I-l s ~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-241
TO:
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden ~
Planning and Zoning Director
DATE:
June 6, 1996
SUBJECT:
Ri verwalk Shopping Center
Conditional Use Approval
Walgreens)
File No. COUS 96-003
(a. k. a. Causeway Square)
(Drive-Through Window at
Accompanying this memorandum you will find an application and
supporting documentation for the above-referenced case. A check in
the amount of $1500.00 to cover the review and processing of this
application 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 July 9, 1996 Planning and
Development Board Meeting and July 16, 1996 City Commission
Meeting.
TJH:dar
Attachments
a:legalnot.RIV
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notioe 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 Zoninq Department
PREPARED BY: Michael Haaq
DATE PREPARED: June 6, 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Conditional Use for Riverwalk
Shoppinq Center (Drive-Throuqh Window at Walqreens: Southeast
9o;n~r of U.S.~l and Woolbriqht Road)
July 9, 1996 - Planninq and Development Board Meetinq and
July 16, 1996 - City Commission meetinq
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Boarder, etc.)
Standard Leqal Ad
SEND COPIES OF AD TO: Newspaper, Property owners within a 400 foot
radius of the subiect property. applicant and Director of Planninq
and Zoninq.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
./"
... . -!
(1) -----:{i,,"?k #;{L~~
(Department Hea) {/
dirk
(Date)
(2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:LegalNotice.RIV
NOTICE OF PUBLIC HEARING
Mi~hael Carey, agent for the Riverwalk Shopping Center, located on
the southeast oorner of U.8.#1 and Woolbright Road has requested
conditional use approval as follows:
COUS #96-003
Owner:
Florida Boynton Investment,Inc.
Agent:
Michael Carey
Proposed
Use:
Location:
Drive-through window facility for the existing
Walgreen's Drug Store within the shopping center
1600 S. Federal Highway
Legal Description:
All that part of Section 33, Township 45 South, Range 43 East, Palm
Beach County, Florida, lying West of the West line of Rousseau's
Subdivision as recorded in p'lat Book 1, Page 14, Public Records of
Palm Beach County, Florida: East of the East Right of way line of
U.S. Highway NO.1 and North of the westerly extension of the South
Line of Lot 2 of said Rousseau's Subdivision, except the northerly
50 feet thereof taken for S.E. 15th Avenue and also, all that part
of Lots 1 and 2 of Rousseau's Subdivision as recorded in Plat Book
1, Page 14, Public Records of Palm Beach County, Florida; except
that part taken for S.E. 15th Avenue; as more particularly
described as follows:
Begining at a point at the West line of said Lot 1, a distance of
50 feet South of the northwest corner thereof; thence North 890-
41'-13" East along a line parallel with and 50 feet South of the
North line of said Lot 1, a distance of 83,00 feet to a point, said
line also being the South right of way line of S.E. 15th Avenue;
thence South 850-32'-58" East along the South right of way of said
S.E, 15th Avenue, a distance of 320.74 feet to a point; thence
South 000-18'-47" East, a distance of 105.00 feet to a point;
thence South 720-42'-45" East, a distance of 30.79 feet to a point;
thence South 000-18'-47" East, a distance of 50.00 feet to a point;
thence North 890-41'-13" East, a distance of 21.07 feet to a point;
thence South 000-18'-47" East, a distance of 298.00 feet, more or
less, to an intersection with the westerly right of way line of the
Intracoastal Waterway, thence South 070-07' -50" West along a
westerly right of way line of the Intracoastal Waterway, a distance
of 35.98 feet to a point; thence South 890-41'-13" West, a distance
of 125,00 feet to a point; thence South 070-07'-50" West and
parallel with the westerly right of way of said Intracoastal
Waterway, a distance of 80.00 feet to a point on the South line of
said Lot 2; thence South 890-41'-13" West, along said line of Lot
2 and the westerly extension thereof, a distance of 669.33 feet,
more or less, to a point on the East right of way line of U.S.
Highway No.1; thence North 040-57'-25" East along the East right
of way line of said U.S. Highway No.1, a distance of 225.03 feet
to the P.C. of a curve to the left, concave to the West, having a
radius of 2914.93 feet and a central angle of 030-55'-10"; thence
northerly along the arc of said curve, a distance of 199.40 feet to
the P,T. of said curve; thence continuing along the East right of
way line of said U.S. Highway No.1, North 010-02' -15" East, a
distance of 27.09 feet to a point; thence North 890-43'-15" East,
a distance of 150.00 feet to a point; thence North 010-02'-15"
East, along a line parallel with the East right of way of said U.S.
Highway No. I, a distance of 150 feet to a point on the South right
of way line of said S.E. 15th Avenue; thence North 890-43' -15"
East, a long the said South right of way line of S.E. 15th Avenue,
a distance of 170.15 feet to the point of beginning.
Page 2
COUS #96-003
A HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD AT
CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD,
BO~ON .BACa ON uuly ., lJ~S; A~ ,.00 P.M.
ALSO
A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION AT CITY
HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON
BEACH ON JULY 16, 1996, AT 7: 00 P. M., OR AS SOON THEREAFTER AS THE
AGENDA PERMITS, ON THE ABOVE REQUEST.
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:legalnot.RIV
roJ ~@rnuwrnfn)
3343~j~) I MAY 3 0 1996 I ~
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~"'.""""<>-""",,...._.,-".._--
VIOLATION ADDRESS: r>!~i .:;;;JG i"~~JD
.""",", "ruT
1608 S !;'!;'n1:'n&-~~:'::''.:..:~''~'' lit,. '
~nl.a n"l. 'l^^ Aft.... "~...............
PC, 8-43-45-34-01-000-0011 '
Boynton Beach Police Department
100 E, Boynton Beach Blvd,Boynton Beach, FI,
Phone: (407)-375-6120
NOTICE DATE: 05/30/96
CASE NUMBER: 96- 2767
COMPLIANCE DATE: 07/01/96
NOT I C ,~
FLORIDA BOYNTON INV INC
160 OLD STATE RD
BALLWIN MO 63021
o _ V I 0 L ~ ~ ION
Palm Beach County property records indicate you own or have an interest
in the property which is listed above. Violation(s) of the attached
provision(s) of the City of Boynton Beach Code of Ordinances were noted
on said property:
DESCRIPTION OF VIOLATION(S):
Violation: PT3-LDR.CH21-I. SEC,4 SIGN PERMIT REQUIRED
Original Violation Date: 5/30/96
Violation: PT3-LDR.CH22-I, SEC.4. STREET OBSTRUCTIONS PROHIBITED
Original Violation Date: 5/30/96
Violation: PT3-LDR.CH23-ART II. 0, PARKING LOT MAINTENANCE REQ'D.
Original Violation Date: 5/30/96
Violation: 10-2 B.B.C. OF ORD. OVERGROWTH AND/OR DEBRIS
Original Violation Date: 5/30/96
Vi 0 1 a t ion: 10- 3 B, B . C, 0 FORD.
Original Violation Date: 5/30/96
HURRICANE HAZARDS
---,..---.
05/30/96 - AL~N08-43-45-33-00-000-1370- ~.
CASE #96-462 ~~ ~~~N ~LU~ED DUE TO YOUR ~LA TO RENOVATE'
THIS SITE, IN THE INTERUM, TO KAINTAIN HEALTH AND SAFETY
STANDARDS ALL POTHOLES MUST BE REPAIRED TO GRADE, REMOVE
ALL TRASH, KEEP WEEDS OFF SIDEWALK, MAINTAIN AND TRIM ALL
PLANTER AREAS, REMOVE UNPERMITTED "WINN DIXIE" SIGN FROM
RIGHT-Of-WAY, AND OBTAIN A SIGN PERMIT PRIOR TO POSTING
ANY DEVELOPMENT SIGNS ON THE PROPERTY.
(Please comply with above-listed violation(s) as required per City Code),
You have until the Final Compliance Date noted above to correct the
attached violation(s). Fallure to comply will result in a hearing before
the City of Boynton Beach Code Enforcement Board which will assess fines
for non-compliance,
If you require 3ss1stance, information, or if you believe an error has
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been made, please contact the Code Enforcement Unit located at the address
and phone number listed above and ask to speak with the person listed below,
Your cooperation in this matter is appreciated.
Sincerely,
JO N MORMELO
ae Enforcement Unit
(407) 375-6120
xc: TAMBRI HEYDEN, DIRECTOR, PLANNING & ZONING
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'::~l':"~":'" >':\:.varianc:e?:: .,'l'he-ttem))~r8;'-,c::onf.imeai..that 'was ";ft'ighi:. ';;'.\.):;~?;~ :7~'>:~:", <"{.'. ,~;:.:....;.,;.
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:\.~'':.;~:>~. . : Hr. 'Ampo(':withd~ew.)ii'8 "iliot.i:on'~nd;..r~' dordon.'withdre,,.r1!iti'f"s'econd~' :~-.' , .
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Mr. Weinberg..thought. Hr.: : Keehrput it in the proper. way and'
wished to' adopt '1llr;'xeehr"s language into a motion., He:moved
to grant the request for a variance of 26 parking spaces in order
to allow the restaurant .to build the structure they have
planned to build. Mr. Ampol seconded the motion. At the request
of Chairman Thompson, Mrs. Ramseyer repeated the motion. Mrs.
Ramseyer then took a roll call vote on the motion:
Mr. Weinberg
~ice Chairman Ampol
Chairman Thompson
Secretary Gordon
Mr. Slavin
Mr. Moore
Mr. Mearns
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 7-0. The request for a variance was granted.
Case #58 - Lots 1 , 2 of ROUSSEAU'S SUBDIVISION according to
the plat of record and recorded in Plat Book 1, Page
14, Public Records of Palm Beach County, Florida.
Also all that part of Section 33, Township 45 SOl~th,
Range 43 East, lying west of said Lots 1 , 2 of
Rousseau's Subdivision and lying East of the East
right-of-way line of U. S. #1 except that part taken
for S. E. 15th Avenue
Request - Relief from zoning regulations, Appendix
A-Zoning - Code of Ordinances, Section 11-H-16
(d-2), requiring 653 parking spaces for existing
shopping center, bank and proposed restaurant, to
be reduced to 562 parking spaces, for space for the
proposed restaurant
Address - 1606-1634 South Federal Highway, Causeway
Square
Applicant - Thomas R. Blum, John Therien
Owners - James D. Casto, Thomas K. Ireland, and
Bernard Schoninger
Secretary Gordon read the application and the answers to ques-
tions a-f, paragraph 5 of the application.
Before asking the representatives for the applicant to come
forward, Mr. Keehr explained the surveys.
8 -
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i: j'~:. ';,~~,~\..(~~1t~~e.t~i~~,~:(i;~ _ . ~~ .!i~Q:;~ertue2tt1'OO~i)rr9&~~~~~ntti1ir~~,(;;:l"~.
";':rd~tf'.J)rid9.,:10au8eway :Shoppirt9'. Cen~e~rWhere..Grand~ union used to be,: '.
1..!~~.. .~~.~,..'!.)and I(-Mart.. \:.<Htl.sa1.d everythinq:issouth and shOWed where the:::- ~ ':.
h:, ..t.., . ";new restaurant.:will be' and. the parkinqthat wilLbe added to' t-he:
':.";~" area.: - Mr. Gordon noted "it was in back of I(-Mart..
. "C'-'
Mr. Keehr informed Mr., Grossbard that the entrance to the
restaurant will be from the Causeway parking areas. Mr.
Weinberg asked if it would actually be on the Intracoastal, and
Mr. Keehr replied that it would.
Mr. Keehr said this was built in 1960. He did not have the
parking requirements for 1960 but did have them for 1962, which
would have been similar. At that time, one space was required
for every 300 square feet of gross useable area. Today, one
space for every 200 square feet of gross useable area is
required, so naturally, that means they are 1/3rd short of what
our requirement is today. Under the old parking requirements,
for the whole shopping center, Mr. Keehr said it was 413 spaces.
Right now, they have 457 parking spaces so they had more than
enough spaces when they built the development. One Member
noted that now it requires 653. Mr. Keehr said that was because
now our Parking Ordinance requires one parking space for every
200 square feet. However, this is all existing, and Mr. Keehr
pointed out that there is nothing they can do with that.
Mr. Keehr showed what would be added. Under today's Par~ing
Ordinance, 30 parking spaces are required and the applicant is
going to construct 105, which means the entire parking center is
benefiting by 75 spaces. By adding an excessive amount of park-
ing and constructing the restaurant, Mr. Keehr pointed out that
the applicant is going to improve the whole area by landscaping
and will end up with a total of 562 parking spaces.
By the fact the applicant is constructing his building, Mr.
Weinberg determined that the applicant becomes part of the
entire shopping center. Therefore, the entire parking center is
the applicant's responsibility as far as bringing it up to the
623 spaces. Mr. Keehr confirmed that was correct. Mr.
Weinberg asked if the Board was being asked for a variance for
the entire shopping center in the applicant's behalf. Mr.
Keehr answered that was correct.
Mr. Keehr explained that the applicant is asking for a variance
of 101 parking spaces as required under today's Parking
Ordinance. If the applicant is going to bring the parking
center up to the required parking spaces, Chairman Thompson
asked why the variance was needed in the first place. Mr.
Keehr replied, "Because he is not." First, they had 562, and
Chairman Thompson noted it calls for 653. He said that was
91. The required parking spaces are 653, and the proposed plan
calls for 562. The difference is 91, so there was a mistake.
- 9 -
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:...,., :.':. MINUTES - BOARD' ,OF. ADJUSTJttNT ..:: . <' ". ,".', .:: , . ,i..", ..-i;:'~,,).'4:~L
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;"~"'~:~', BOYNTON BEACH' FLORIDA .' . ',',.: ...6'-:A'PR.tL'9"::"1984."~'r,.~.
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~~. '::~'!t~;~'.': . Mr.. Slavin' :qu.e.f16ii~~:'~1!h.e~~...t.i\.r.f.!f;~:~~d.tt~lifi~~'ij'tiglrial'~:':;'; :,
~\~. "'~\~:\J.'" f~9U~!!Sj~;~Jb:.~~.e~ffiP.l~,~"~f'i~itc>..":r.:..tI.;'reterred' the. Member.:'t~..'.., ':".
':!~:;>'t.on1{.,th... .~AdtS">::s~ee~, Which he .read: . .Under the .present:.. ':,~:~', .:; '.'.
". ,,,\"li:' :, :parkinq ordinance', :this shoppinq center and' bank would require .
",~. :~.tr;:;. . . 62 3 spaces." . 'Mr. : Keehr said. the restaurant: would require 30
more spaces,- so he told the Members' to add 30 to the 623, and
they would come up with the 653.
There are presently exfstinq 457 parkinq spaces. If you add
105 to that, you arrive at 562. Mr. Keehr said it all boils
down to "x" number of spaces under today's Ordinance for the
entire shopping center for all of the square footage in the
shopping center including the proposed restaurant and exist-
ing bank. However, when the applicant adds this new restaurant
he is adding more parking spaces than is required by today's
Ordinances. Consequently, the rest of the area will be bene-
fiting from it, and they will be parking there when the
restaurant is not open and will be utilizing it and vice versa.
If he is going to upgrade the shopping center to more than
what is required, Chairman Thompson asked what the purpose of
a variance was. Mr. Keehr explained that the reasoning was
like the prior case, when you add to something or square footaqe
to something, you must bring it up to today's Code in numbers,
design, and everything.
Since this is a separate lot by itself, with the amount of
parking spaces they are building for their square footaqe, Mr.
Slavin asked if the applicant would be over and above. Mr.
Keehr answered, "Right, in the shopping center." Mr. Slavin
asked, "If it was in an independent lot?- Mr. Keehr explained
he had to say in the shopping center because in an independent
lot, it would require more parking for the restaurant and would
throw everything off. Mr. Slavin noted Mr. Keehr said they were
addinq 105 to the parking lot and thought it was confusing
because of the fact you take in the entire square footage which
you would call useable land or useable area that would require
so much. With all of their work and upgrading, Mr. Slavin
pointed out that the overall is still short. Mr. Keehr
confirmed that was right.
Mr. Weinberg asked if the type of restaurant would have any
bearing on it and whether it would be like Gentleman Jim's or
the Banana Boat. Mr. Keehr answered that our Ordinance does
not specify types of restaurants. It can be any nature of
restaurant. By being in the shopping center, Mr. Weinberg said
they are taking advantage of the fact that all of the parking
space they will need is 30 spaces. If they were an independent
lot, as Mr. Keehr brought out, they would probably need a great
many more. Mr. Weinberg referred to the Banana Boat and said
they get a great deal of parking. He asked if they will overrun
the entire parking area and deprive the other stores of parking.
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::, ,.' MINUTES -BOARD OF ADJUSTMENT ' '. "" .:'<', '.. . :{..< .g":\"';'-";:-""1:J:;t4,\.ft.$,;..~;::.:-.~;15::.~:~;.;~
'.~~I' ...,&g;'~BO;"~~N ~~CH.~~HI0\~:ii,{ ,,}~:t~}E~;~t~,ii;,~~~~;f;[i~i~:~;f"~!I
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'.. .....1.... v;.'-" ..:;.~~;;J;~~.~\',;',-.j,7i.l'ne;;, auan..,'BOa~j~"'aS~~i:.," -t.,tdday/! 'O~ly .,na.:JlbO\1t.~,:?S,:spa. C... 'S;'2.a'nCl:,;.,-....~.~.;.~.');rf!-w.',,:~<
:;:. .::::'/~'~' :.. :. Mr. Keehr.8aidthe applicant. has.10S..:.-. Ther6i..:.ac::ompaJ;ison:t L:':"J::.-,~~%':~;:,:
,J. 8~ ." .right there. If the' applicant.:was buildinq:.:on. a private'8ite, he .:,,:,.,..~~:j.:;.. ,
:",; ~.' would have seating for 320.' people: with; those parking 'requirements ~.';'~'
. .. and Mr. Keehr did not believe ,this restaurant would have that .... '
d'..' ~
many seats in it. On a private lot., he would be over: in parking: "
Chairman Thompson advised that the only reason the applicant is
before the Board is because the present shopping center does not
meet the present requirements. Other than that, the applicant
would not be here. It was the same situation the Board just
got through with. In order to make an improvement, because of
non-conformity, the applicant had to come before the Board.
Paul Slattery, ArChitect, Slattery-Root Architects, 2101 N. W.
2nd Avenue, Boca Raton, Florida, said they were not only providing
enough spaces for the restaurant but in addition, it would benefit
everybody in the shopping center and surrounding areas. In
addition, Mr. Slattery pointed out there was an existing, run-
down condition with a minimal amount of landscaping. They have
provided new landscaping and landscape strips, an irrigation
system, and are easing the overall parking situation through the
entire development.
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Chairman Thompson asked if anyone else wished to speak in favor
of granting the variance. There was no response. Chairman
Thompson asked if anyone wished to speak against granting the
variance. There was no response.
About two or three years ago, Mr. Slavin recalled this Board had
to consider a variance regarding the Banana Boat. A lot of
people living in Coastal Towers voiced their objections for
reasons the Board had no control over. He noted the Board
had a letter similar to the objections raised by the various
people who spoke against the variance that the Banana Boat
asked for.
Secretary Gordon read the letter which Mr. Slavin referred to.
The letter was from Mary L. Moran, 646 Snug Harbor Drive, Apt.
408, Boynton Beach, Florida 33435.
Mr. Slavin referred tofue requirement that a notice be sent to
all residents within a radius of 400 feet and asked if that
also applied to the various Lusinesses in the shopping center.
Mr. Keehr answered that all persons owning property within 400
feet of the entire outline of the shopping center were notified.
He informed Mr. Slavin that a lessee does not get notification.
Chairman Thompson asked about across the Intracoastal. Mr.
Keehr answered, "No. That is in Ocean Ridge." Chairman
Thompson advised there is a piece of land that belongs to
Boynton just south of there. Mrs. Ramseyer said she had the
list of those who were notified if the Members wished to see it.
- 11 -
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7.. MINUTES - BOARD OF ADJUSTMENT ..' ,. '. .' '. .: ......... ':""i'~";:': .
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...' BOYNTON BEACH, FLORIDA ,...'" . ".:; , i~.:...~....,;>~" -,,:::..APRIL:9ii'1~84~./~>tt.'~/i{t;~~ft
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'_\~~~..:~~:-:;., ;;,,'SO ..tha~'it:;1foul4:illo1:i;:<:~ea~e\;a'. ~bte&~;:CB~~'!hbip~;;~~rnte~.~~'r -'-;;'!c;
" "~'r.':X::'-':~':: 6\1 t,;. once: aqain';' t:h:at ':1 t. was" before"'ithe^ BoAra j)e'ealise::the" '8hopplng~:-::' ;,;::-;,;".;:.~-~\;;;f
.e:;: center at the ,present time does . not cOnforJil':'to the~CitY:~code<.:"',;:,~; .:t;~~.:~n/::
" in terms of parking spaces., ". ._" . ,,' .; " "'-':',' -'c':'" ....::~~::.;-~-:-:.-.
" , ...... .,.' ,~.".. Ir.~.~ ........:~ .... ',,-, '
Mr. Weinberg wished the minutes to reflect that an error was
made and it is 91 not lO 1 parking spaces.. . Kr. Keehr informed
Chairman Thompson that it brings the shopping center 91
parking spaces shy of the Code. That is why the applicant is
asking for a variance.
If the shopping center is short of the amount of parking spaces
according to Code and people come in, Mr. Slavin asked if the
Board has the right to change the Code and compound a felony.
Mr. Keehr advised that the Board is not only "compounding the
felony", as Mr. Slavin stated, but they are improving a non-
conforming condition, and they just passed a variance that
came before this. This is the same thing. Mr. Slavin pointed
out that the other one was a business that has been established
for thirty odd years.
In almost any case that comes before the Board, Chairman
Thompson commented that the Board is going against the City
Ordinance. If not, the applicants would not be before the Board.
~,. - ~ . .
If the restaurant is not to go into business, Mr. Weinberg
pointed out that the parking area of the shopping center would
be approximately 166 spaces short. By the restaurant coming into
business, they are adding 75 parking spaces to a condition which
is existing at the moment. Therefore, the restaurant is assuming
the difference in what the shopping center should have and what
they have and are narrowing that difference down by 75. Mr.
Weinberg did not think the Board should penalize them for some-
thing which was changed after the fact.
If the owners of the Causeway Shopping Center are short of
parking spaces, Mr. Slavin wondered if they know they are short.
He asked if they made no effort to amend it and recalled that
they recently did some work there to improve the parking
areas, etc. with all the land, Mr. Slavin thought they could
have put in the additional parking spaces and bring themselves
up to Code, especially when the amount of spaces required were
being reduced from 300 down to 200.
Mr. Keehr referred to Boynton Plaza and said they are short of
parking because of today's Ordinance which is only a year
old. He said the shopping center on 36th and U. S. 1 was also
short of parking. They are not going to buy any more property
because none i6 available. Mr. Keehr explained that they are
improving a condition that under today's Ordinance would call
for more parking, so the applicant is giving 7S more spaces.
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:'.' :, "C' .,', .. MINU'l'ES - BOARD. OPl\llJlISTIIlM'l.., ",,"Cl;"" ':l"'" ?C. .:f;J.. ,,~.,,:~I.:i .>'~" , ",,~~^."""'<j""
.:,-,;....j. . : ,,''':-'BOYNTON BEACH "'nORIOA" . ". ~';.i\"".,.;"':. '.'.' ..~..\. ",.,,::;-. ':., :~:::: ..... -'-:AP~iI{'9" "~'1984-',~i" ,:""'';'~
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.'\~h; , " .;:\; Mr, ~'I(Jirib, erc;(m. o.~e<1.,A:.h,at,..the ';8bar4::~ppro\re~tt,hEF r'eque8;<,~fO~)~ifr'';' ":-';~:il~;:1:tt;::,~:,~:~
., ~l<i/: ,'., .,," ,y"rJ,ance, f~;!!:hClllllB"lli:...Rl~14'0lm4l1.rleJt ''>'1l1!~:_1I2'Ni'Et1:li!T .-",;t;,t.
:'.',. ~;:~'{;rfo,;,.1;h'" 'l'JlU;1tillq;filll!lc..if'.ti~~of~"'''' 4'c~io.iio"1:ll\!~i~~~'~
., " ,(f :i. ';project. ,''h,'' ,~lavin~c~ th.'!' ~ti~,,,, '?''':''r:1'::~''f.~;:~tEJ~t;';'IT ~t'
..... : . Chairman' ThOmpson'r~q.;" st.id,' 1IerUic-iltionaijilin:' ii=....iii:.: ;:ieehrc.;j;" "':.~,T. 'i :
that it is 91 and not 101 :.beCause if 91, is put in. now:"and.. they~~'. .'
find out later that is not.. 91 but really 101, they vill.'.have :-~~..' ..i ""~
. another problem. Mr. Keebr went over the figures and' said he .
made the statement that in both' cases (on the "FACTS. Sheet and
on the application), the existing shopping center, bank and pro-
posed restaurant will require 653 parking spaces. Mr. Keehr .
confirmed that figure in two different areas and was confident
of the figure. He was also confident of a figure that states
that the present parking Ordinance would require 653 parking
spaces for the existing shopping center, bank and proposed
restaurant. The difference between those two figures is 91 and
not 101. Therefore, Mr. Keehr was reasonably confident that 91
would hold up. .
Chairman Thompson requested the Recording secretary to read the
motion and have a roll call vote:
Vice Chairman Ampol Aye
Chairman Thompson Aye
secretary Gordon Aye
Mr. Slavin Aye
rr1r. Moore Aye
Mr. Mearns Aye
Mr. Weinberg Aye
Motion carried 7-0. The request for a variance was granted.
Mr. Keehr had the feeling the Members think they are put on the
spot at times and said the people really have nowhere else to
go. This is the only Board that can make those kinds of
decisions and allow these kinds of improvements. Chairman
Thompson thought it was good that all facts are brought out.
ADJOURNMENT
There being no further business to come before the Board, the
meeting properly adjourned at 8:40 P. M.
a~
J,;~ording secretary
(TWO Tapes)
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