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AGENDA DOCUMENTS ----- " J \,\~>~, '. .', 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. I ! 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: () I /-....., 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. " r '-""1. ,I ,,;' 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 , ( _-J. ! 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. 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PALM REACII {'(JlINTY FI.ORItlA \ '~~=--=-=-='-~~~~ ........~ ..,:11/\,1 f--..~c:.. .- ._,c:~=~: PRf:P,\Rf.O rOR eARf.\ _-=-::_... . ".'.'",,",'-'- --.. .- - ---._.--._.' -- . - 2 of 6 jl ~ ~..., E1t.a1.B1.'t "u" ;J ~~-----------------~ ~~ 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. TJH/dim a:ComDCQUS.Riv/2 ~8 INCLUDE REJECT - -'. "'-'-.-' -'~~.O~'_~'_.._-"';A."'_~",,;.. -".__._-..t~-~'"':I-~: -- ._~--":"" ;C=Q:~~~"':"''''''';'~::.-::'r-". ~":<";.:~. l&';A ~bj- A 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, cbb17 / 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. MEH:dim xc: Central File a:STREPRIV.COU/4 ../' I '"") - 'E 1t j! 1. B 1. 't II All it, LOvATION MAP 'RIVERWALK SHOPPING' CENTER , .~ 11'111 I 'I';l fTTlT'Tr.i,If'!I ' 1:..1....'.,,1 iii t SEAG'; - .-------:R....,nIL--l I I I I: /1 , .. ,II I:, II; j!:il ......liloll~ : III r \111 1\'::-::-::' 7-"Jn~-.-' :'; I " Tir-r-l T ""-T1J-- ~,:~ 1III1I'!I~I~li!Im::~-=:.\~ti~l~i~~: ~_ :'!~' ,1:.'. l~l..=.~-.j' ,f ,) I · I I I _.~ "';:' ~ JJiIIII ,"' j tor _.. ",.-rlf= , " , , I ,! I I ' i1flffi);Illfimnrilln, iJillnrn !lIIl tJ ~ l. III II 11 n " ,i1 I I I ' rr~ JIll ~ ~ ~ r ' I'r II!UTI ! 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" - ~ : ;J ~ ~ ~ \;> '" ~ ~ ~ ~ ~ .. a; l'i ~ IS l'i ~ ,~ ~ ~ ~ > 1-11--L111 11 l1dJ' 11W' I; "m~ia> II I! ~jI cbJ - 1 F! I us HIGHWA) NO. i ; ~ , -'- i '1 "'- --- ,I ('_!L=. _ _ _----:- _ ~ '.'; ., I; j f ~ f~~ 9 i - 1 - ---~" ,"'" . ~" I )! II i I ~~ ~ ill :J> Z ;t:) l\ t\ U2 'n ~ 'l:J M I II r1,r I rI:=~~~~::=-=:" , " i ~ i'-' i t~ i I' ! I ill' iI j ,~-' 6 ilii!\ ~ I j , (~.' i . r '. r I 111 iF,' r I j [ ~ ~ Illh ;1 I, l' !' '11'-' 1~;f-HH~~HH~;I'iHI~! ..J:ibJ 11.11 I It~: H! Iii 1 ' II I ..2 I iji..... I - p: - TIOI ~~ 1.- ~-- " '~l ; II - - i ~T -1- - -' ~ .......... .. -t +" j II _ i, Ii " I' " 'l:J II ~ II ::r> ~ : Z Ii Ii : 'I \' 'I '\\ I ',\ P .iJ~ iI~ ~~ 'liH !i' ii ~ \)' g : Ilj- :iI : i 0' rn 5 1- "- rn z I. C m i ~ I : I , , I ~ I' -,1 s: z " CI.l (") > "'0 t'1 " > >-3 > m "' ~~I HIll ~i !! I tllI ItI~. !r I I P 1!~ !! l[HIII U Ii . " .. ,11 ~U> I ,..'... I" '~ . '~". I: R II.n m ~ III g ! r 1!1 ii ii Ii l ~ ~ ~ ~ i\,~1.\ :~:;~:: J I I ~ .. ; ~ : ; ; ! : 11 ! II ! iiii i iii iiiiiii \ \ ~- - . Ii Ii I; .. i......:.: . ~i!:&C I: .,,> . ~ Ii: i f i e_",,-, - -"'"""""-"'", ~ eltE,ELAI>L._______~ RIVERw'ALK SHOPPING CENTER ~Kre&-MIh~Ch~" ' -- ~-~ - !I:!ltl0:tl.!. ~~~ .....I~.-.- ~~!L!....I2~' I L-l, - ~---, --:-""';;:;;':;" ~~;.c;.':. us HWY 1 AND WOOLBRIGHT ROAD ,,,"",,,_ _"....N~-'Tilli!! - ~~=-=-----....:_ -"iooItIf_ 1'1. BOYNTON BEACH, PALM REACH COUNTY, FLORIDA ~-=-~_:_~..:.'~~~ - i:.,,~~ ~ -:,~-l5--::= _'",_ _=-_______~_ PREPARED fOR CA~~.,.u~__~_ _ _ __ __ ,,_ ___, __ _~~~ _ _,_ _ _ 2 of 6 /:A ..~ .," E X H I BIT "0" /3 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 , ( , , 'I ~- .. ,.- ~ 'c. ('"i'i tc:' I, \"';, " ,/ "- " ,. ...... \ <(" '~,I II' r\"'; , '_ (,J e - 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. - 1 - r-- - -~ { .. . II .,..... <.'~' JI I.-f" . '.. ~ .' , ~ ... ., :,'" t,," . \, 1 - ,., ", , .. f t - '.. .:,.- ,.. t:, .' ". ,.'" . ",.,,~\,!,,~.,..t,t.:I" ., ~. .:.'A:.',~ .. ?~/,;~,::~.~." . .~:'i~~,<:;~'" ..;~'.. . . ~ . ';.~,~. "",' "'" ~,"~., ,; .,. ~~,,~ '~... ,~' , '. < .:,:~../~t 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 .. .011... . · - · , . . ' Cl ~ .n..... a' . polDt la ti. .... line o' ..it !.ft' i, . 4i.tan' 50 lee' __* of ~ .o~a' OOZDU' thea-eof, ~_~ .,- 41' 13- "a' aloDg . 11M pazoal1.1 "itla'.... 10 ...- IcNtb .. tile IIoRla lin. 0' ..ld Lot I. . dl.uno. 01 IJ.OO led -.. . poJ.D', aa14 lin. allO beinv the . Ioat.b zol.th~f-wq line of 8. 8. 15t.b Ava"',thenae South 15- .32' I'- _" a1ao alOftI ~. ICNtII zoi,pt-of-w.,. line of ..id 8. S. 15th Avenue. a d1a~ of 320.74 f.., to tIae ~in' 01 "'lnnlng, ~nc. SOUth 00-, 11' .,- "a~ a 41....._ 01 101.0.~.., to a poln', thenc. South 72- 42' ..- ..at, . diaunc. 01 JO.7. f..' to. a Ptlnt, t:.bence South 00- 11' .7- ..., a dlatanH of 50.00 ,,,, to . point, t:.benc. .orth ..- 41' 13- "a', . dl.taMe 01 21.0' ..., to . point, ~enc. Iouth 00-- 11' ,47- "", . cU.tana. 01 2'1.00 I..', IIDI'. ozo 1.... '0 an int.ezo- -u. wit.b tba ...te~l, ~lp'-of""'Y ..1in. 01 tile Intrac.a"l "a~er- ~, ~". IIozoth 07- 07 10 .... alon, ..i.>".te~ly zol,h'-ol.."ay . 1.... ., .... %nvaooa...l ..t.uw,., . ti.unce'fol 417.03 I.., to a polat _ the ICNtb zol,bi;-ol-war 11M 01 .aid i. S. 15'h Avenue, thence iIonII 1.-, 12' 51~ "" .lon, i;M .a14 IO\I~ ..ub'-ol.."ay line 0' 8. S. 1.... a.__. . di..... 0' 110.00 ,.., to trae .oDft' or 8BGIJDlING. . I ," I · .. II. I 01 IOU..U" 4, "'1"0 "oo&'d. .lawl, ..HI'..bed " . . . . : . . .' . ' . . . . . , , ., . . . .. -. 10' , .- , .07-.7. 'It . - .~ . ~O". .,. , , , , .... . ,0 - , - .. , , , 0 o. , , " , , .. ,0. " ,., 0' . , , . '0 .. 0 0 0 , . .. . ," , , 0 ,.1 . , ,,' , . : .. . . , . , , .. .' .. ' . . , . . '.- '. " . , , 0 " . , , , . '. . r~' II , ., , .' - . . ' t'., . .' ' . . . ... . . - .......~. ..... . . . . . . oJ 0 :.,; ~', ,: .l" ~.' . .. . . -: .' . .' ... , . . . .'. ~. . . . . r tOO' . . . , ,'-- . ,:'i"4';';Y..- . ) ~ i...- ~~~~>, , ' · · , . . .' ~. . . . .. ,. . . . . . .. , . . . .. . . . .' " . . ;#. ," .' . .- "-- -- - - - , " . . .., '.. ", .' ., . : . I' . . . .. ." , ,,~ . .. " . -. " ...1 \ . o " ".' . e '..~' ~. - 9.. .' ;r . . , o . . .' , ... .' : - . . ,. \ ; I' ,. .j. . . . .f... ". .f , , ." . . ". . . . .' . ~ -, I. ..:., ....,..: " ",11 . .." :, : ,,-I ~ II> . ~::. ., , '. ,M . ~ . . J :,: 4 '. "" .. .... ..~tl . '. .~ iIIllIo .,~ 1.::'1 . \ ~ J"".~ t~1 1.:- -.= : ..1 ." ,,'~. . :t: . , . " .',. "'I . "I- :"t;, . . . '.. ,(. -", '.... ~'", ~. .;...... , , . . ...; .. .' '(a . '... 'If, ...~. . .... ... .. . "=. ...,-:.' . . . ,." .., .. . 'i. .:= ~ ~~ .1. ~ .. ... . '. I' .. . .., ... I . ~ :'. '" . " Ii , ". 0" .. .. '0 . . . . . .' . . , . , . , . , . , . . . . . . . ., . . \ o ' . , .' , . . , , . .' ,I . , , . ,., . . \ . , Ie .' . ; . ,~. " . ... "'^ .. .~: ~". . . ~"+- :, -".. ~ . , . . . .. . ..:~.. " . . ,. , 0 "0' ~ , . '. ..C ~'.. )>, . ...... '. .'fT1 .;0 0 =e )>: -(. " .. .. '., ,. '" '." " .~... . · "'tfi:....Wi1.(;<, ' 'fl'jr '''','" , ,:\, '". I. .. ,. , \' ".. '. " \a" ~,~", , "<'.;,", :,,\.' ,: "/'I'.'~"'~' , " ';r-.if'/' Jt'~ ';f~I' ;;;J~~; " , , '~'f: :. '; . . ' . · ' '~i .',It~ 11 th., ..~, cat _tl_ JJ~. .t'lIhli', .. . ~ ~ auca COUIft'I'. P10~I""iI' .. 1ft,. ..., ,01 ..u'. Iubdlvl.l_ .. noo~ ,;:\IIi,' .1.,"'8001& ..d. 0' .ALII UACM cown .10*1".,....._ ar lin. cd u. I. Hlehwar ...I,:t:-d.IIoRh ,n.i. cd Ute IcNth line Ol,r.o.l'" 01 ..lel cae" th. ftO~th.~lr 10 I.., ~__nol ~k... tD ALaO, .11 tha, pan 01 IA*. I".... I 01' . noo~" in .1.' 8ooJ& 1, .... '4" "110' "'r. I'l_ida, ._.., that ~ taII_ fo... .. .... putlcnalulr "._~..... .. lollowill , , 101_111D ., a poin' In ~ ..., line 01 .. 18'" 01 the ..t.hve.' GOnei' __nol, ,., alOftI . 11ne PAZ'.ll.1 ~tb .... 50 f.." ! ..14 J.ot 1, . d1.unae of .'.'0 f.." _ ..in" ..id lin. .1.0 ,I... the Io\ltla Z'ilh'-of~.llftj oJ .... tis Av.nue, th.na. Math IS. 22' II- ".', al80' a~ the.. lr19ht.-of-vay lin. of. ,W .. a. lS~ Av.nu.; . dl..tan_ of 120. 7 ~.., too a poin~, ~b.na. "'tit 00. 11' .7- ".', a cU.t:ano.. of 101.0 I.., t;o a poin~, thena. NUt 72. .2' ..- ..., . .I..tanoe of 10.7' ~,to. poln~, thena. . Nth 00. 1.' .7- ..., a dl.tan_ of'IO.OO I.., to a po1n~J ~b.na. -'b .,. .1' 13- ...t. a dl.tanae o~ 21.07 ...t. to a point., thena. NUt 00. 1.' .7. ..., a 41..tanc. of 2...00....', IIOZ'. or 1..., ~ . a btu"MOUon vl.t.b the V....Z'ly &,I..rht.-of__y lin. of th. %n~ra- ..u! ....zov.y, thana. loath 07. 0" 50. _.~alon9 .a14 "e.t..rly .p'-of-vay lb. of %nuaooa.tal ....n.";tdl.tana. of 35. ,. f..' , . polD', tbena. aoutb ... 4i' 11- V..~, 41.tano. of 121.00 f..' , . ~in'" thana. SOU"" 07. 07' 10- 1r..~ pu'.11.1 wlth th. v..- .d7 ~ltbt-of-v.y of ..14 lDuaaoa.tai W. .y,. 41.tane. of 80.00 ... to . poin' on the 8out.b lift. 01 ..1.4 ==2' 'bana. South 8'- .1' .- V.., .~onl .aU 1IoUt.b SiDe of I.o~ 2 and ..~.1on ",."rly ....aof, a ti.tafta. of "'.11 f.et, ~. o&", ..., t.o . poin~ on t.b. ,.. &"ip'-of-vay line of U. a.ti,bvay IIO.~. thefto. Morth 0.- 57' . . i- ...t .long the ..., &'lth....f~'l'lllfe, v~ a. H1gbv.y Ho. 1, ....t...H of 221.02 feet to t:IIe ..: c. of . . to th. 1.ft, con- ,. to the ...." havinl a &'adiu 01 2'14.' f.., and _ a.nual a"Il, ~ OJ. 55' 10., thana. MoE'tbea-ly .lon9 the , 01 .a14 auzv., a 4i.- dIG. 01 1....0 I..' to Ut. .. 'I. 01 ..14 ~' thana. contlnuinl .-v t.IIe. ..., ~ilh''-ol-v.,. line 01 ..i4 U.; " 1U.'hv4Y Mo. 1, HoRb ,e 02' 15. ".', . di.tanoe' of 27.0' f.' . point, thena. lIoRb ~ I. .J' 15. ...~ a .i..tanH of 110.00 f.t,1:- po1n', th."a. lIort.h \ ~. 02' 11- "., .lon9 _ liDe ..-all.l witb . ...~ rI.9b~-of-way of ",. aU U. ....II.f.""'.~ Mo. If a ......... of ilO 0 f..~ t.o _ point on ~ .. IOUtb a-i9bt-of-v.,. 1J.M 'of ..14 I. a. 11th Avenue, thena. H~&'t.h · J. 4J' 11. ..., .1onl the ..1.4 Io\Ith lri.9ht-i'Of-v.y 11M of 8. B. I. ,tit A....., . cU.tana. 01 170.11 I.' U _ '91..., OJ' aBGINlIIHO. ~', . . .. . \' . . i . .. .. . . . 'J. ' . . t .'~. t~ '.. I ~ j..;' , ....,. .J 1:&.t, ., ...., In" 01 Roua- .' .... 14. Publio 'an ..., &'ilh~-o'- ; the ..te&'ly ..- ....u.. lub4iv1alon, ~ a. a. 11th Av.nu., . ....u.. .ubdivlaion oZ'd. 01 ..1. ".ab . a. 15th Av.nu., f..' 'I .' ~ .. . , . " .' . " e,' . . ._-~ . I . I I ,... I' r , ::. . . ,. 1... ~. ~,.. . .. . I. .' r." r.. . r:: ! . I " . I . , l' I I I. '~.' ,. :.,. I...... ~:; . ,. '. I: -I .. , I I I"~ . ".... ..~ ,._.-'.:~ .-';..., ..:.... ',- r ". - . I." . . I '.' ~-".__,...~.._..l................ '.,.~'r~""-""-: ,J '. . . ... '0 \.. , ~."...- ....~...".,&\rl.::t':."~ "''i''~I'.'~~ ";..;.-'~' ....- .."..-4,~;......:}. .. h~.. .,.....:..-i'. . :_...:s:.Bm~. ~ d..~ 'I' \ ,..~'.. .::":~.":'. ...;~,.~i.f~:::~!:;f~Z'i~!~"J:~~~~~.i) .......... .. .... .'~'" ....~..~ '" .a..-"'''' ,.., .-:,:,..,. ..,...,-.... .~.- ' . .. .... '. ~ ..\. ,-r "'J -, 'I' ..... , , .. ..... ':.t' 'if · '0. . I..,.. .. M.ta .... .1 .'.,,'...i4 Lot 2; ..... '-~~.,,;.\;i'. : . ~ _Ua .,. 41'--is. 'n. ~, .i4 ..ou~ 11". o!...... ............~. ;;~~' ~. 1.0-.;1... the _..".~~..t.i .. ...,t .....i.~ano. ot". '.::.'.:~ :.~':.~~S . 11',,12 t..,; ....DC J.II..":"''''~ lats.. ~ ...~ .Z'19h~:"Of.:,;t~::C...::.t.;;:~l:.: : ; . .VQ. lb. 01 fl.' a. IIlPwQ...,"') th!l~'! '~~tb '0.. 57.' .2.S.: x..~1,;~t..,~ "':' : ...... .al....the ..., &"It'''1f.....y,1 ( .0....... ,B19hv'.y lto.' 1 .... eSl.~~'" . ~.~'~1" .:\aan'.oa .221," '.'~t:O'L~~.~""','. ,. '!a.!~....~~..th". ":~ft :~?~t; ,.=-~;~. ::t:~:' . ." . . ooaa.". . to ..the We..;. Iua"J.Ia'~."'1' ..r:,f.,.~t.;1.. :; .3':f..t! &nd'~'. ~~f~'~.'!\~.:f":' l~ .' . \0 .: ....v.l "';1. 0' .,. I..' ....., . _\.lio'~t6"ily !\long: ~th. I .~; ':~:I..~ ~i~.:ii~ : ~. ..K..~44~~~f... !!.una;~&..C:l' 'if.t- "~UI..,. 7.,. 'Of '..1t1'~~s2Jf.:3 .\':.;'.' '.~~' .~. _~ftU~..'!"l~ :.a_. :&"lll!~...~';W~Y 'lin..:.Dff:~~lA.~.i!. . J:..,: . ........:U.. .... B".I.as' .1IO.'t. . :,.. M~'~10M.P.~.:""15' ....~, . 4~"~&nCti;;'~k7;:'~.'~: '.i.~." · of .2",1' ; f... to ;a' DoIft ,~~.ftOf4t_. .'J..~13 :~!15. Z'a.~ .:.:.:.: ,:~ .... ..,....;...'-~ I~;r ~;.:411tu'..~., ,J.1_..q'~'.<~ s1~~~ .,~'''-l';oJ:th'.Ol~ .02 ~:.l;m;i :':~~'::-: ;....':.....~..l.. ..1...... !J:' ....., :".itJ. ".:of-".' 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'.1.'~ :~:~...:: 7...:.. :. ~ .l.t -.k ;1, ..9.:::ft..;.7~~4~.r~~~ 'f!~' .ALI,l .ZA~H' cownt::;..~~'::...::.'~ . . . ,.I'lo~~, .x.p. th.t .~~ t.U"ol'!~.':JI.. ..:"15th::Av."ue, ~an4t...... \ .\ .:;~, ~ .':. :. ~... ""U"UOU1.~lv,'''."lIMi4'..'',pl'~.I''.''i:''''':'.~.~::.. . .' '" .~.,:".4.-::;'.""':' .~, .... r . ,.. '.... . '. .. . '. --- .. III... ... . III .,. ...._ ... ". ...... I.....~I... ..,.\......."..,.~, ,..... " .,,' .... '.. .: III . I.: .~'....,." 1'\,1 :<< . ..:~_.~l"'...~';. po~..:~rti\i~~",.._\~~~~~.~t....l. Lot. 30, di~t~~:'!i~~~;~~~ d. ". 10 ,..~. .outh. 01 th~.:..o,,~..~.oo~A..~~~.~.o!'.,.tb.nc. ..ot.~~..I~.._. ~:';''\, . . . .1'. 13- ...~ .10nl . .1"ofte::pa~,J.~.1.:~~1:b and so ~..t. 8out!1 of.:....~.~.. ~.~ !:~r I.. '." . ..t1i8 ..~th liftli of ..i.' ~~ ~:, ;..,;tIl..tanoe :o! 13 ;00 f..~. ~o .: .~~r.::~..~ ~-:# ~:. .. .. pol..., .aleS 11ft.. .1.0 '-in; ,tli.'.arith .~i9bt.-of-w.y '11n. of':':'.:'li~~~'!i':"i-"~ .... . ..,.... lltJa Av.nue, ~.rio....~t:b::I;'~.~:32' '51. ...~, .1~o .10n9$.t":~'~~ , ...,..-:.., IOUda.' Z'19t\~-p!-wa""~~ ;.0..t.aJ...~.~~615~ ~".n\l,e, .a. Al._~.~c.~ ':1.~:' . : ;01 320.74 ,..~ to' the ~oiftt..or:..,lN:'in,,:::'~.nc. 8o\l~ ..~Q!~~(f...;..4.'?~ . <.' '...~. di.tanoe of 10S.D~. I_~' ~:.~'~"nt' t'\I~nc. BO\l~ .:~~ ~.;\:..'~'.',tl'; ....' '72.. t2' 45. ...t.,... 41.t;un. ", 30,7..~..~ w. poln~. . ..o<(.t.f'..... ..~~.., .: '.'.. . .tUfto. louth 00. 11' .,- .. .cSl.tuc.'o!' 50.00' f..~ t.o7..;i\;......\~~.~~ . :.: 't4!t.nt, thal)ae MOl'th 1'~;:~1' ..,", .'d~.t.na. o~.21.~7~~:fr:~~-4\~~t~ ~. .' )~~~~! ~I. ~~,:,t.~. ~~~..~.~ '?~;.:~..~;.: 41.: I'~.'~' .. 41.t~n~~:~~~,;.i~:7.3~ . '. . . '..... .' . '.. '.. tI'" .~"." " f'~~ &......."c..\:.l,. .. . I'" , '.' J ...~~... \:"'~; . I, ft.". t' . , I, " .i':' I' ,. .t!i- .t.,. Ill')' t . " ~.....IIt" ... .: .' I ..~ .t,--:... . "~,'. .... . ,. I,.'.. . t " . ~~i~,~"'.. ~t'A: . ,"........: ,i.~ ,. ...... ~"'~. '.. ", '. ... I /1 '.~:~..:f..":rf' f~' 'l." ,.... t'.. ,.,,'" '1J .It '..." ,.. I' I." t. . . ...... ...,;t .... ..'''.' ~~.. .....,i',:.... ....... ..... . ~'.' .."'1r, ,,~...),,\.o "'''''''~'~'':'.''''t',':.... ....~ .. ..,....:. ~ ... : · '. .' " . .~.-.r'.'l~' :.: ".~:.L'a.'I ~~~..... ........,... .'~. ...~..:..,~\~~.. ",',' ,. .-. .. .. . 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! ;,' _._._----~_._.._--' -~_.~,-,-_.__._-_._-- e , ,....'. . .> e . - ~~) .;. : IO_....~ ; " ' ~ ..__~_""f/1 . I'D AftACBD U~ "".., IIl!'Iln 400 nn . . (I A7fUCI//I" Hth'JII. -- .,.x ..';- ..- . - .. '~ I'. ..... "1 )~{ ,'; j J '10' ~ - ., l,:'~, 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 -. '. ~ 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 . ..... "". ' .'1', ......-... . .~;.:~ - 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": " :0... ~'l'" ". ...."......... ~ . :" ~ ~~.. t). j~(' ' .,,_...~~, ~ ~..~ ~~i'~~.iIQ., :: ., ~ / "',. ;.' , ( /, './/, ,..C.' C~ '"', ,-",\ ~ '-. '- 1"..... ,;::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~ - ._~--_.~------~----- c:rt Clua .. ,~ . ~;. ~,:,;~.1l:t. .,' /' . ':: -<../ J'# , ""'f' . p~ . -' / .~/ <./~ ~ .</ ,i'../ -:/~ . ,," ,;.,..... .~" "",d. ~ ~ ~ ...- .,. ,- ---"~' . ,:/I,///'~' : ;~j~~;~'" . . . - ... . . ".1<.", ....~. .~, ,"'-"'. .:'./ ' I ~:. .~,,~/...'_/ . ...(. ., ~:.'~,.~~ ~\-;~.,' r'~~./~~:< j.: ",/~ /' -' ./ /~,/ . t-/ /' " ... . A. ,'r' ~ t. /' / /..C........ f .,.' /.' '7"--- : d ,,/ ~ {p.k .,/)~ ' .,I. "F'" ':: -'! . :/ "'-'/ /;' /'-- :''' !t./'~ U,j,_/~j:;'::' ." .? '.. ,- ~ ," . "c"~Z~ /:j/ 0/ . ',-' -:;' ~ <_4~ ~)' ~'//-< V~"~~U~ ..<../~ .h//;:~. - ~' ;::uJ- .1t'-";'--'/ -"'./:/ .'4 II J-J1-;': //'. . . . '. ~'>' ./-.;, / ,..L-' ,~'.I: ,........ -/,-." /~. /J/" __ ::: (7~~,. '~".',/'::; , ,,' _ ' ... . ,,' ~~~/-2>~t-- ~ ?W~,.--; /,/',L/.// - ~ . , .. /' ,"":' " ~ .I. /' .. .' . / .. .. ...,.', ' /' ~, . A ' . -" /.. ".'.. .'".," /'. //~/_) /(/J. ",7/,~~r c'// .,' .. ' . " ' " /, / ...... " .. ' . ' 1 / l/ ;': / // ,'~ / ~....,- /' ' ' \\ ~/~~~//!<~.4~/~:'/~"-;"~'/:;:7:"-- ~ ~~:-.u.- A ~~. i ~.- r/ /U.C'j /-.-::-./.... L~" ://~(/~ :~ ~ ,/~f!;.L. ~ ././"',.-//-'. ~//.r.. ~ . 0'---") .//.G' fl~ \rJ~Y e:?L:;:.....-:/// ,/ ..:' .'/?,,:$~: l d-v ~/~YC.L... ., -- " ,- ,.> ._,-~,~/' ...~.-/: , /--' .''// ' .' . . (/ . '. / --'1- / v .. /" ~./":.../ 1. ,-7 ~ ' ./ J 7?1~~-'" , i .j \ /'~ / " \ /, // / 't //: ( ,/ -,./ /', ,. '.. /,/ , .. ,,' ,/-' I (p 'r J . /. . Y! --r:-~ t1 4, - ,; / /:J.~,j7!.-~ ~.-G/"~ 11 ..J-.&., :3 3 f':3 :o~ y)~ // ,"/ - ~~ ,/,' /' /' -." .' , _~vu;.J"c. ,/.",~<' , ,_' / /1 .~.. . .." \ .~A.:.cO'-'..:U-' /;. ./'c ! I ,.' / r " " .' r__ ' . ~ ..>_/" ,L.r>,!,L/if' L..-:t- "'* ,.:'~ / () . .. . ....--' / / .r/ > ('.-, C. f-,' , ..- ./ ------- ,........-.---.---- --.--.----. ---~,.._-~_.- 1.-', . ,., .~ "~'.A,~,,,,,j ... ''('1/':;/.'' ' ~~:r"" .'<,.. TO: ,;'. '-'?':CM~-. ."'~*,~i~'f.'!"- . ,-......:...:..,oioo.._.""'"-.'l ,..".~ /:"' <,J A.'"\ ~. 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. . I 8. 6.6 XCI CJ..tJj Cleltk, Rr,c.(I~d{l1g Scc'tr.tMY, ca~! P.tal1ltCJt., Ci.:ty A1al'Ulge.\, !3uLt.cUng 066.<.cial., SOMd 06 Adju..6tmCI1.t ,\{e.mbrJ:,6. . ,'f',..~ ':,. '-'j"_' ...'....'...".;<...:.,:,........"\."it',,i.'-ii.........':.,i;$l!~<<~'''':'~'''';'''''-.""", .... '" ." "., ",-",. i.""'.\'" , ' ' ~~~'t.,., ~f' <. ::',: .~,. '".) .,:.,\\:,. ~"...~~. :..~).i,~~~:tti~.~~f.l1'i.~t~'~...;:l~~}~Z,.~-}..i.W~-;~:fJf;'t'."':,~j{~~:ffl~~A;~..,a.A'~'wt. ,~~,.' . :.,r;.~,.,.~~~~:~.~l;\\,~:.~~~'.d'/~ :'~. i1:.,.w.j;..... ,f~' ;". .. . ',':<: ;~il:~~.:~~i~,~::t~~~~i.~.~':,1;tV~;~;~~{if~j;:...:~. .'. /';,. ..}~;.;.C:~~~~.?~T~.f:. MINUTES - BOARD or ADJUS1'MEN'r..,.;~;.:''',:';.;t;. ,; , " -', BOYNTON BEACH FLORIDA.' "..:Jr~'J.;.:'~', .,-.'....::...l,~ . APRIL' . 9,. 1994 " - <: "i.::.~~:,<~-.: .~.~~ '>~"".:.' : .~~ ; \. : . .. . " .;." J r "':'~;::..'~' , ~ . , ~. . i. "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 - ., ,. , ~. ~'1 ' '^ ; r..", .:t:' 'J\~, :.,_-,:,~,\J ~I'{~' ...:( 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 - ~.~. ~ e 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 - ~v~"~'fr~t:~~\it,,"JC"-~; ,.. "._~_._------_.----------_._-~---".~ t'" .~' ...~' ~ . ." \". (.; .. . :/:' .;:;< '. , : .. ~ . ~ ", ~'. . ~ i" <I MINUTES BOARD OF ADJUSTMENT BOYNTON BEhCH, FLORIDA , ,~~'1 '.' :":i ~, :". e ....<l. ...- ""';~'" j ;......, ... ~,.: .~.;' 'I . . '..~. ~ , ~ ~~':~:;'. :: - . : ':' :;:.~ ; ,: ,;J. " .. ,-,. . ~-=; -.,' ,r,,'.".,' ';,.; :,1 APRIL 9, 1"4 .f ; ':~, . ..",. 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. ,~' .,-::,_ " ,<. f' '. 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 - " . .. '..,," " .'vv ......j.: '-I... ...UL .....L.t.:..... Lt.:y'UJ.J.t.:4..~Ut. 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. . " ,,,, .' . .~~j:~~!~r:':" .;~. ':', .\ ,i ' <:. ? " 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 . . . , ' '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~"!. . . .', . ',Tt:.,:~ ,. .~ . l . ~ . ;\1' 1, .. .. :. . . , , . '.','Il. . V,.:', .'.j,i . ,.... "" ..: . '<f . ~. h" ..', .,..." ..... . ....:~:~: I .~;.~~ " U '& ~ 1.11. .....~i.i-.t ~ .', Ca.. MNNING AND lONING DEPl .' 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 .1 :bjm PUBLISH: r ,$ 1904 . .' - . .; .'"..::~\ l .,. , .' . ' ,< ---~---_.~----_._-~_. DETTY S. BORONI, CITY CLERK . ~ . 'CITY OF BOYNTON BEACH ... ~[\'~.' - ~I . ,; REcEl':EO '., ~ ~/~1J) (!)~-:!:;. Il_(-:''k~ titt tl o:-;r.~:~ ~!~ . (/ j, Y ,. / 9 P r '" :'0 - '~a~" , . ~'. . \ J , . t , I "-:,,..('i.,'/ //) .I 1 ~"" "--.... / ,- \. :" ,1""""':. l f: :) T "7" ,i" ~, .'-~ '!,' T' ~ . -, 'r . T"~ !. - ~. ~ i G W:;;\RING \'In. L r:~ ...,., ~ .', .,..., BOYNTON BEACH ;'.";'1.':''''', r: "-'; . .. , . , r. r. , 12 0 EAS'l' :, 1\ . i'" ~7: (i () P. l.t . Applicant: 'T~'''''''''''''' ~ ~ ~ ~ ,-,' ~ ..., 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.. .,,, .(.. .,! , 1984 ISSUES \ '.~ , i , ~ ". ) i ,; ~~t , 1 bjm March 21, 1984 Clt't a.ua ~, './ /'... .~..~......';~./ ",-." , ~< , ~ '" ~,.,r' \...C?,< ,',~ A/~<:' ., . ( );: ',' -u;'" r.,", ....--.. ~ '" ...., .. / ,/ ,/ / //:.(. ~--1 11- .,'r"/; / . ',--/ ,j , .- I I" f~' ~V)J~ I /'<..t..- .' ,-;. >~ "-//, /' , / /' ~I,.;! U' .~.^.._< (2./U.~__i~!;.l._/2~/) .... ;. ~ t ,'" . I /?.~ - .A.........:':..-d :f':' //' ~L,.--<.-""""" /1: ..' I' ? " ~,_. ,II I"~-: , .J -/_. / "\ ," ." ~~/ '-~/ .~~.. --:/'-.~.~ .v:,' ,-0-0 ~.//' <0..(::'...- ,AV?1t~'- :?~ /-' -1{~;'_~:h(, . //~.~ /-~ t/:_A~" // /l -.,--1-/. I ,.,,,, / ?c/~/ /-/,-;:.--&/./ .,/ .- ,A '/' ./ /" '1,')~'l----~~-/ (",...~-,.."I /~., -' X>..1'-!:/ /----:~/--C.-"--/( _,' .' ,.:~,~~'.-..c::... ,",.. /, .::= ' - .,- / ! ;.,,'~~/ L /:::_~::/~/ ~~..,~' ,;:~~~ ~ <.../',/'I../A' /- ..-' ,r;(,,{.(, J // ;/L;:,.;.,/.. ./ // ...- 1:'-, b/ -- -------' ~ ~~....A:---<_,/_,;':~/-:.-<--- .- '~ "./ .--./---. -....-- -- ! . " " .J ..... ;i ~; '~ .\ , i ., 'j '. ;} !I ,;.,~~~ ;1.-, / / _'.:..'.... ,(, I j,/ .. /: t (j' _'" /, t. , ,I., , .", '1.' 7 (p ')'" :I ' ,/. '~"..' ~/t-~ .8'<<.-eL '~--}-4 3 3 Y:3 .CS- 1. i .,,0 I ,./?? . r//? " :1 ,d, ~"",<---vG<'.! "J" (,.. ..r,-"".' /'" / -:,- '\'~-~13-'--'~ ;;:.;,:- . ,~~ " ,I ./ " ,/ C'._./ .<; / ,.... ./ C '(-' . / , ~~/ . ' /'~ --" . ~ .". /,d~ '~r ~'J~ , I . / I I , /' /' /',~.~~ ~ ' .,~:....' /' .... / ~. / ...-?,' ./',/ r../ '. . . . :,"--:..<~~ ~ ~./'~ /'~;~ ~ ' 4--=~1' /?,~~ (. ,~ . ,'-:- :.~/_,~ /~/:/t _~~.A. ~ ',^ - .-.- ~-- '/ _.--.~ / ~ /~'./, ~ ....f ~/,./.C/ .--r~ ./ .' / ~;~--,-;:-- /' ,:;;-~.{..~~~..--/-~v-::. ~. ~ /; ,', -- -'.~ _.~/^./ ~./' . ~. ~\ ..- .,' .~-' .~. _....,- /J~:"~ /./'../Y~d~' ,...?U -- e:::r I...j' 7J~ ,/ ./. I , I , .' ~ " ,I' I. ~' ,,' ," _) /..---:' ( ..._/-r-;J~ , I / ,/' .~ " I'~ ,/' c / . . . .,~~-....; // L~~ .. ' ~{~: . ;)\?1:~~~~i<'~'~i'''''~~;~:!I'~ , , , ~I".r,'~;;f.""'~~ .;?'.>,". e,.",.'),";' "....... " ~f; TO: FROM: 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 . St~66 SUI', AMtl}!',u, - 80iVld 06 AdjuJdJnent, , > .. " ; ... ~, ' .~ I "/'.." ~ '58 - 1606 - 1634 South red~al H~ghway ^p~<1.. 9th, 1?F1 C-3 VL:':;C~7 ~7 VI\; ...... ,"'l~. 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. '. I 6.6 ~ 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. . ",' MINU'l'ES ' ";;;"SOARO 01' 'ADJUS'l'MlN , , BOYNTON BEACH, FLORIDA .~i;~{};,,:-;r.;:;>,~.f " " ':i:;;:'~i,:';'" '" . " ",:,:?"r':';it;;:.:F;~[;~~;(~,~,~.~~," " .:, ,>,::,,' . "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. >. .' . , Mr. Ampc,l withdrew his motion and Mr.' Gordon withdrew his second. ~ ~,. /: " I : ';,~' -" '.' 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. - 8 - ,...", ..:!: ,.L\2,t~::j\:.t.~.._~::~:~iE~~~ir!tf~':; , ,'"" e' '," I;' ,....., ~ ';.' ;' -' \~.. . 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. ~ ~: - ~ c' "'.'-. '" , 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. , ,," . " El "" 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. - 9 - ~ .\ .' ,'"-ro"'" J .. ~. . , , ," ... " ~~",l; ~.' ~.'''' , ...~. \<, .." .';1. ;../' :Jl:. 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. - 10 - e . 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. ...~ . ~ ..'t'" ,>,'} '~~ '~ -::tl' , -," .'J :..'1 ,.:,>J ~ -; "~~::-~/, ~. ~ : - 11 - '. " I ~ <.'" ~... ..j.'.l" , ~~~i: ''1# -j ,i . ......11. , "* 'I'.:.. ',\, , ,'\\ "~ :(~ ;'4 '..:....!J.I.~.'. I. :( -:}, IJ!. 4 ,~ "~' ,'';' -."J I .", I .~ ....~ '1 .1 ':.' e ",,"4: i., ,. "....c" : ,q .. "'"fJi":{.:.'t i':; ... ," "~"I~ ~'f'(,J' iT',.;~,! , 't't,,\.'" '" \ ~" . " r;!~ . ."'t':; , ~~ 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. - 12 - . , ;..^'; ~. , .~ \, e MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA e,-;' ''i'. _ APRIL 9, ,1984. , ):':;,:; ~ ::. 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 - 13 - 'or' , ~1 -fik 00 ~@~~w~ 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 ~ . :J I , ~"'.""""<>-""",,...._.,-".._-- 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 'r;~ ~~ fu.- ~ /' ~-- 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 --------~._- "~ ---'--~'-- o t- ~ r-- -.. - . l!J ~ . V)_ .~ _ U) <:: <.(,J t- ::t: I lJ. l:;:OltJOQ(V) I Q: )... t- Q ::t:: CI) ~ It.J I <..Jo..CI) U~~~~l <(( Q lU ::t t- - <: <j O. ( ~ <( ~ ~ V) (l) )... <( 0')\ I V) ::t: u ::t: ~,9 "t: L..J r5 r: I . ::> ~. (!) Cry " " i I'CO( -, ("\. I I I' , I I qJ '" FY) ~ l.() \D! I'.... I ~ 000010 (() ( "'3 ~~ . ' GOI ~ \n -:z. ~ ::. ~ \).\ ~ ~ ~'I. 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"I I I _----"- ... r-: , ':\; :.", " ~;:';1".:~.r/f~f~':' ;,;:V~WM!~~~. . ~14f~~~'~...:&{i:~~~A'1:"': W'~ ;:i1::." ~~;:;-::JLt:~:<:;:... ~~'~;,:~i' li.~~i'€:%i;'>W';'::~".r~:~~~f.R~~~" :, ..". ""-";';"',';, "'ilJ',~" "~'>"~M\.,,'1~~;q;~'T '\Yi.~,.,,;~,! '"""~'-'" i"~;.1"';~""""""t; ..'4""'~'!!i"1E .. -OI}-.-""l'I.'.I't~'I..f.jft""\::"'~."'J\~;\';';'''''~\~t'.:. 0' "'il.1/~,., ...:1....,.\..."...,.;'...".:. ...c........~J..-.~'\. ..~..~.~_.;.:.. ...'.J-1.t..,.,;........4.:..-~.....:....,..~~.~.:;.iffi,;,j. .,.1. .... ~t "; ',n ~~;"-:~\;~";'!/f n..other'....vorc,f .,.~..;~",;.~~tCf'."" .-- ,.:-~ :~.",. ,. ~rlaVf.t . .t:-. '.\f<!. ;~' . .:'.' <<,i.,,;:L.~.:~,...,J,..,'h."'~i~...~~. .......It:J:'.".a.~f.V . ....,......,..~l~. ,I. ..'.~..i.. ..~.,~~".,...... ..~...... ..t.,. .~ . '. ~.t ..;1iH._.. W'.',; J' !( . . ~~;.;'. . ~:.~:..~til!!"t~~. ":~":V .~. '.. . ~'f~'.~y,!';;~~.. ., ~et~ro~.~.~;.n~l!r:.~~a,r.~.~t'.o~~;.a.,(~,?t.;~J.~2t~q:;;:;;:.j '::~l':"~":'" >':\:.varianc:e?:: .,'l'he-ttem))~r8;'-,c::onf.imeai..that 'was ";ft'ighi:. ';;'.\.):;~?;~ :7~'>:~:", <"{.'. ,~;:.:....;.,;. ;;~:ii!'./-~. .':,.;", ,'\ ~.': 7 :, :.~.~~~: ',>: ~7yt, .;;.....~;;.~::\;~....,~,:,::..:.:."/,:;.' :11i',~.. . '::~> <:'. ";." ::;'~';~.:.'i;.':~"::':.:::': ~~r'4l:4\:' '. ,~:-:'-:';.S'; :~" .::. . :\.~'':.;~:>~. . : Hr. 'Ampo(':withd~ew.)ii'8 "iliot.i:on'~nd;..r~' dordon.'withdre,,.r1!iti'f"s'econd~' :~-.' , . .. .., .' ::'. .:.:' .::: -: .~. "..; .:f'~, .'. . ..; :(;:. 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 - Jhtl.lffi;;t~; }.';,.i ,.~~~:.~;;,~.:j1~li~~~~~~i~~~~;~~>'tJ"~~~~~~:~t\~?~..i'rj~:1~J:~~~;~~:;ti~' '~~lr:'t~!:"\;'rirr~r~~\'.~t~~lf::t~:J;i'~.:~t"~~i0~~'~:f~~~r.~\~t~~f J~""l(\"'l" ,MINUTES . BOARD OF ADJUSTMENT " .'" . ), ,," ", ,',,;. .-.', .'J:,[1:',-~~,wd':'.. .~,!..., 'l"'~ ...' -.. ,. BOYNTON BEACH 'FLORIDA. .." .. .... .,.. " . ...;,,; . ...;.:~..".t~' "~,,,::,//(-'.~,"AP.J,> 'R' I""-"L. '9' :':""'1'9' -8 4" '.;S~, . ,.....,..".\~.:~ . .~.... ."' ~. ' '.'1: " "0 "'-"'1"~',,;,'~4. ...........-"'':"'~';, ."". ........~ ':-7',!:''':':..; ....;..;....:_ ,,>~r .,,,J.,.... ~ ','. ~U.:!<&I.~ , '...'"..........;~'.. ~ '. .' ~:._;.. ,.'~..:'~. . ".'" '4>"{';'" :: ~ . ... ~. ~.:., .,;> : "'..~. ':, .... .t'",~, I \;..; ',;. :.J;:;...~ :,..:~1t;.. . ~.'..;. . . ,...:;.-...."\ :::~. ... "'!'.. -:.~,( ::::t:':f..;{:- :'''.'~',f.,:',:'' . '.":".'. . ''''.''~'-'1:'O.. ;~;....'~ ".~' ~"'I..:..,;..,.".':iit'~'''''~~''J'l;:' ....'lj...... ....:t..~ '~~"". .j:;;;:;.Y"~;;"~. "-"'i-';'..:>..r" ,.-. ,;,.,.~..:t.+~.'; ';':I.'~"'h';(l~~:~'..~.' '.':'.}:.:.<~:'''' i. ',:,.,'i.."..';.:-:l.i.......~.(...-:...>.). ~~:;..,1~.~ \~'1..":.'.'i1'''.'\ *'.;.'.:...~.'~,.;.;j~.,.1UJ~.:....~,.~\i.;.~..$.~ ~i{.~.,~,~.~.. 1t:~:~. ;.:~~<:~;t~~~.. '~''';;'''''~.'' .~., 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 - . ~".'\:'~\ (N...;-,,"'1.,....~..... \~~~(ie.~f.,~ ~~~;':"'. ~I;- : .. 'y.\'\~;~~l .:,~';~.~.;t:~~.'i'.x. t~~,:' ,~I:~t...~~i;1.:.;;,:/fc~t.:..~ {. ?' J'" . . ~ ",,' . .' . '",' t;?,~I..~jlo~1 ~~..r.~. .,i~L. ~~" ~;..\\': . fl~ ~;. ..;~:... ~ -.. /-;~ ~ .,' ;-,; . '\"... ;",~lj!}f ~."'t- . .ir~~' . ~.}~ 1~~~f< .,t4j...'~..~) " ..~ />: I.~".........~ ..~;.;.,. .~'!/"'<l1~ . ~,', .,.: ~I~'" . t', ..,,".. ....J-;.,.. ,,~'''.' .....t... ....~'f../l'~~~~f..,,,:'.' "\1 , ...l........ " . . to",.j .~r.. ',:\' ~ ...:...........t. ~,."" "'1,;.' I " . -t.., ..... '... '~-:..., .~. ,'fJ'''~:;''; ~1'''' ~~,~, J" ".l...t'fo/~ '~." " \ -, ,\1 ~.~.... ~I .... ... ........ II . ,)."..... ')-r.t.:t..~ '~' ',.' . l.\ .. .,"tJ" : '. '.,1. ,.... "'""j.' y .. .:1, ..1.' - ". ' .t'- . '(--:'.t .......,.. ..:?.:;....;....,!~11..... 't ,~:_>>>~ . .:' '<c-"~ :-.: >: - t. ,:t '.' " ::'.' ':' '. -:. . -:. -.if" 'j.; . '!:~.:.. .~~~,::;..::. ~~~ ~ ' :...,., :.':. MINUTES - BOARD' ,OF. ADJUSTJttNT ..:: . <' ". ,".', .:: , . ,i..", ..-i;:'~,,).'4:~L or,' ,_ ~~ ....I'\; .(~ol:'~ \ar..'-""-' ;"~"'~:~', BOYNTON BEACH' FLORIDA .' . ',',.: ...6'-:A'PR.tL'9"::"1984."~'r,.~. \::~;~:~~?, ':, , ' . ~;~~t.,:,';,~...; ~ ,'>;"' ~:'y.: :Ct;...:~:.:._ " ',:' .:-. .:.~;;: :..,', -, ;~':':', :~~,~~t~Y:~>., ~,:r~~~i~4~ ........;i,!...". ,~, ':.. ;;':. ,". ..\~......~....1i,"'. -. .''''.....',.,; ....,~y:;;a;..;;:',~~~~~u,~ :'r~~,,~.,i':" ~~. '::~'!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. - 10 - ...__.._-,--'~~ <.'~i:.'"i" j , f ';;'.f~' ;' tt';:""'~~ri""'''::W'' ';~\lit\',+, ~{~..; 'r:~'J;;' ~""'Ai'i''' '~""i' !" "~,,},'",,i"'''''1,'~', '.~'Ifj, ":p,:' f'P . ,;..' :},'J ..,",.,.: '..: ~~:,~ '~~~. :'.:~~,:,', S:;:;:', T:'::' J:"~:: ..~: ~'::<,:~~';>:'~';';:,~;:~ ?Y':~ ',Vi"/~~~,~:.:-:~.~;!.~t~~1~F~.~ .~~~~: .'" ......... --, '.....:... ...... . .,~..', .....~ -'I..;. :U;I P"':.~..";.; .,":".!~!~,.:t:~~.4.~.~,.~.n~""'1~ ...~ri >~\.";~>-;.,. ). :.... ..... .~.:., '~'J':::.:; ':~:""'.':~: ":::" .:,' ': ~!'. .~:" .~'.....~>: -;:,f~~:tt~'~;.:i:.:~J;~:~~::~~i7:'::~'~ ::, ,.' 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 :..'.... Aiot:~r..l;~.~.1:;C'..~'.B.;. ..:;~r:.."'"..~:..~l;,.;~,.~.<;~.~~~"!<~.Cj..:~..;;.1~i'tr:.'$.~'i'''.~l :~~:'t~M~\:.II'3;;~~~~r~'.~!, ~r.li;..,.~.;!~~;e1~~~~:1'::~~lj.:: '~;"." .' .~.,J"::'.;.::'.: '.. .....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. :,": .,.... j ':"1' - :, ~' <- :t ....... ',: o - .;'.; ~ ~. ~ 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 - , "~y , . \,.,. h n-n ~~~,.~.t_F:":""F'.'""'t~"'i"~-:C1,,:,..,:~~!/.T-~~'?<I':iil )'40"""'iJ~:'~~\":'k"'-" ':~:' ';'~if1.,;"'li",*~'~ . ~':'0~ ~~ j \;<f/;~ ,;;. . ~:: \? ',' >. ~:>':V.:: :. ;!.: .; :.,.;' ,.,.!', -: 'N:; ~',.l!,..;~14tr, ~''r;i.~;,1.:.;';:':~,. , .~:y~~{r.., ":-j.~~i '~jil}~";'i'}~;:.,: '~~~,:1 i': ,,!I;::''l~t' ')':" ,," ,... . .'~" . '. "}"7I'~';"~Ji~F;;f':r;~~~;.~;:~'.w~~ifr' 7.. MINUTES - BOARD OF ADJUSTMENT ..' ,. '. .' '. .: ......... ':""i'~";:': . . ~ - -.. -..'""'." -~ #-,~~.... ..~.I: '. , ...' BOYNTON BEACH, FLORIDA ,...'" . ".:; , i~.:...~....,;>~" -,,:::..APRIL:9ii'1~84~./~>tt.'~/i{t;~~ft . \i\....:..' ,:.' .~,... :\ ,.< ' .<\....;.:.. '.:.,::~/:qt~,:,..;,'.' :...:~./::~.'~~.~..::.:{,.::.tJ~~:.~t~~. :::,~~~':::~.i~i:,:~~~f~~~~1l~::;' '_\~~~..:~~:-:;., ;;,,'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. - 12 - .~~~~ :'.' :, "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" ,:""'';'~ ':," .;~ .' ." .' '. .' '. ,~~\,,',i~i') ;~!t. ~~'~3,,;,,:,;;~=~~.::;:n:f~:;'~t:;~i+~~&~k;i~~1:;' .'\~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) - 13 -