BOARD OF ADJUSTMENT
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CITY of
BOYNTON BEACH
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100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach. FlorIda 33435-0310
--(407) 734-8111
OFFICE OF THE PLANNING DIRECTOR
February 23, 1990
Currie Schneider Associates
Attn: Mr. Jose Aguila
25 Seabreeze Avenue
Delray Beach, FI 33483
RE: Target Shopping Center - Site Plan - File No. 411
Dear Mr. Aguila:
Please be advised that on Tuesday, February 20, 1990, the City
Commission approved the referenced site plan, subject to staff
comments, with the exception of the roadway link improvements to
Congress Avenue between Miner Road and Hypoluxo Road, and those
intersection improvements at N.W. 22nd Avenue and Congress
Avenue which cannot be accommodated within the existing
right-of-way or right-of-way dedicated by the applicant. Copies
of the staff comments are attached.
These plans were approved subj ect to your compliance
attached stipulations. After you have amended your
reflect these stipulations, please submit two copies
plan drawings with the changes incorporated to the
Department for permitting purposes.
with the
plans to
of final
Building
The approval of the City entitles you to construct only the
improvements shown on the site plan. The site plan will be
viewed procedurally as an as-built or record drawing. If you
have any questions concerning this matter, please do not hesitate
to contact me.
Very truly yours,
CITY OF BOYNTON BEACH ""..... --00---
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TIMOTHY P. CANNON ~. 11;- ~ ;- 1(' ~ ~, -~" / .
Interim Planning Direct~L!'LO '
MAR 0 5 1990 ..
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cc: Technical Review Board
TO:
Board of Adjustment Members
FROM:
City of Boynton Beach Staff
REFERENCE:
Staff Site Analysis - Board of Adjustment
CASE NO. & ADDRESS:
#146
S.W. corner of N. Congress Avenue
& N.W. 22nd Avenue
MEETING DATE:
June 11, 1990
CURRENT ZONING:
C-3
DESCRIPTION OF PROPERTY:
See attached
OWNED BY:
American Development
VARIANCE REQUESTED:
Reduction in parking spaces
FACTS:
1. This site is unplatted at present.
2. The site is presently zoned C-3 and was formerly zoned PUD.
3. The applicant wishes to construct a 141,940 square foot shopping
center which includes an 8,740 square foot restaurant.
4. Appendix A-Zoning, Section 11.H requires 815 parking spaces.
5. The applicant wishes to provide 784 of the required number of
spaces; therefore, a variance of 31 spaces is requested.
6. This site was approved on February 20, 1990 by the City Commission,
subject to staff comments (see attached letter dated
February 23, 1990 from the Interim Planning Director).
bh
XC: Members - Board of Adjustment
City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
FACTS146.DOC
...-:::
!,XHIBtT" AM
A portion of land in the Sou~hla$t Quarter of Section 18,
Township 45 South. Ringe 43 EAst. and being A part of the North
half of the Northeast 1/4 of Section 19. Township 45 South, Range
43 East, in Palm Beach Count~. Florida and being more
particularly descrfbed is follows:
Commencing at the East 1/4 corner of Section 18, thence South
89005'09" Wlst, 60.05 'let. along part of the North line of the
SoutheAst 1/4 of Section 18. to A point on the West Right-at-Way
line of Congress Avenue 4$ described in Off1c181 Records Book
1290 at Page 519. thence South 89005109" West. 1301.41 feet along
part of the North l1na of the Southeast 1/4 of Section 18. to the
East line of a tract as dtscr1bQd in a deed from N.R. Field to
Sunny South Estates. Inc.. rQcorded in Of11c1al Records Book 3206
At Page 1070. thence. South Ol~44'21/l West. 1370.28 feet. along
pa.rt of said Ellt 11n. to the South R1ght"of-Way of Northwest
22nd Avenue, IS described in Officill Records Book 1785 At PAge
1569. thence North 8so5g156" East. 300.43 feet along said South
Right-of-WAy line to the Point 01 Beginning. thince continuing
North 88"59156" East. 991.00 feet along Slid South Right-of-Way
line to the Wast 11ne of the 120 foot Congress Avenu.
Right-of-Way, IS per Official Records Book 3560 at Pages 1115
throuah 1120. thlnce a10ng said Wlst R1gnt-of-Way 1 ins South
Olo44T21Y ~Ist. 642.00 f..t, thence South 46044121" West. 35.36
feet, thence North S8015'3P" West, 199.34 feet, to A point of
curve to the right having a radius of 600.00 feet. thence a'ong
satd curve to the right. an arc distance of 75.05 feet. Slid arc
having I delta angl. of 07010.02". thence South 08054122" West.
65.21 fe.t. thence North 88016.3~" West, 264.01 feet. thene.
North 01-4412111 West. 60.00 feet. thence North 58C112'44" West.
360.00 feet. thence North 31047116" Ealt, 140.00 flit, North
68012144. WISt, 216.05 feet. thence North 01-44121" WC5t. 210.00
feet to the 'South R19ht-of.Way l1n." of Northwest 22nd Avenue and
the Point of Beginning.
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BUILDING DEPARTMENT
MEMORANDUM NO. 90-235
June 1, 1990
TO: J. Scott Miller, City Manager
James Cherof, City Attorney
Tim Cannon, Interim Planning Director
Don Jaeger, Building & Zoning Director
FROM: Al Newbold
Building Permit Administrator
RE: PRE-VARIANCE MEETING - BOARD OF ADJUSTMENT
A pre-variance meeting is scheduled for Monday, June 4th, at
2:00 P.M. in my office at the Building Department. This meeting
is in conjunction with the Board of Adjustment meeting to be held
on June 11, 1990.
'~
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Al Newbold~.
AN: bh
Attachments
PREVAR.DOC
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CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
Please print or type
Submittal date:
MA-,-. ., l lqq 0
The undersigned owner(s) hereby respectfully petition(s) the Board of
Adjustment to grant to petitioner(s) a special exception or variance to
the existing Zoning Code of said City pertaining to the property
hereinaf,ter described and in support thereof state( s) :
1. Property involved is.'de~cribed as follows: ~S:!t~~~_,
Block , Subdivision
Plat Book
, Page
or otherwise described as follows:
,
Property Address ~-u.'. ~15Q... co\. C.o""'~~~ .6.\I~ " f"l..vJ. l.:Z.,f!!t Ave.
The following documents are required to be submitted with this
application to form a single package. Incomplete package will not be
accepted:
1. A sealed survey by a registered surveyor in the State of Florida,
not over six (6) months old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal description
I. Number of acres to the nearest one-hundreth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. A site plan properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the
properly lines to the closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all
streets and alleys, sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on
the site
3. Certified list of names and post office addresses of property
owners and legal descriptions of their property within 400 feet of
subject property, as recorded in the County Courthouse. Such list
shall be accompanied by an Affidavit (see attached) stating that to
the best of the applicant's knowledge, said list is complete and
accurate.
4.
Proof of ownership of property
purchase contract agreement.
petition, a notarized copy of a
accompany the petition.
5. statement of special conditions, hardships or reasons justifying,
the requested exception or variance. Respond to the six (6)
questions below (A-F) on a separate sheet (Please print or type):
by petitioner(s), such as deed or
If an aaent is submittina the
letter designating him as such must
A. That special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which
are not applicable to other lands, structures or buildings in
the same zoning district;
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BOARD OF ADJUSTMENT APPLICATION
,Page 2
B. That the special conditions and circumstances do not result
from the actions of the applicant;
C. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this
Ordinance to other lands, buildings or structures in the same
zoning district;
D. That literal interpretation of the provisions of this chapter
would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of the
Ordinance and would work unnecessary and undue hardship on the
applicant;
E. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
F. That the granting of the variance will be in harmony with the
general intent and purpose of this chapter and that such
variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
6. Application fee in the amount of $275, payable to the City of
Boynton Beach, must accompany this petition.
7. Name and address of owner: PMEIl.\~"" D6Je\bpN\~~-t-,o 4 CLJAkQ.. .rerl- I4A-shvA, tJ.~
8. Name of applicant: CUff'';-( ~}''''~bd~,(' A~oc.. ~lA PA. ~c:; ~Abw<~'Z.e NJC
t>~ ~.~L.
Applicant's address: (Agent - Jose A ui1a) 33483
Date: mAq...., .qo Signature of Applicant:
-----------------------------------------------------------------------
To be completed by the Building Official or Representative
1. Section of Ordinance for which variance is being sought:
2. Property is presently zoned:
c.-'3
Formerly zoned: ~
3. Property Control Number: 5 ~ ~ AT T A c.. \4. e.. 0 {.... ~ &- A \
4. Denial was made upon existing zoning requirements (list sections[s]
of Code from which relief is required:
A P pQ...~,d> I ~ A 2-0 N I N ~
S .,', I.J ),
<: C, LL-l.:.l
s. Nature of exception or variance required:
R e...Ou c...'" tON
If\) R <?.~'-l l y< Q ~ Ar K, N C~ Sp A,e.s
Date:
5/15/90
Permit denied: ~ J!j....UJ
Build~partment
6. Case Number:
146
Meeting Date:
June 11 r 1 qqO
-----------------------------------------------------------------------
To be filled out by Board
Signed:
y
BOARD OF ADJUSTMENT ACTION:
Stipulations:
BRDOFADJ . PRP
Rev.4/90
...-::
M E M 0 RAN DUM
TO:
SEE BELOW
DATE: May 25, 1990
FROM:
Sue Kruse
City Clerk
REF: Board of Adjustment
Application for:
Currie Schneider
American Development
#146
Assoc.
Forwarded herewith are the following copies of documents
regarding subject petition:
Application with response to questions attached
and submitted by Currie Schneider Associates,
AlA, PA
Letters from Currie Schneider Associates, dated
May 7 and 21, 1990.
Letter from American Development Corporation
dated May 9, 1990
Letter dated May 13, 1990 from Board of County
Commissioners pertaining to Right-of-Way Dedication
from American Development located on S. W. corner
of N. W. 22nd Avenue and Congress Avenue
Letter from Kimley-Horn dated May 16, 1990 per-
taining to Right-of-Way Decision and Exhibit "A"
Warranty Deed #87-294476
Certification of property list within 400 feet
with map
Notice of Hearing as advertised and sent to property
owners within 400'
List of property owners within 400 feet
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Sue use
ma
Attachments
cc: Raymond Eney
Henrietta Solomon
Vernon Thompson, Jr.
Ben Uleck "
Thomas C. Newton
James Miriana
A. A. Stuart
Patt Tompson
Herbert Fox
Al Newbold
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Currie
Schneider
Associates
AlA. PA
'\rchitl'cts, PI.lnnf'r-
& InterIOr Desi~n{'''
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Hay 7, 1990
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105 429-1 ebb
CITY OF BOYNTON BEACH
Board of Adjustments
100 East Boynton Beach
Boynton Beach, Florida
33435
Boul evard
Re: TARGEI'SHOPPING CENTER - 89552
S. W. CORNER OF CONGRESS A VENUE & N. W. 22ND A VENUE
Members of the Board,
By means of this application, we respectfully request your consideration in
granting us a variance on the number of parking spaces required by code.
First, a little background information. Earlier this year, we submitted
applications to the City of Boynton Beach requesting the following: modification
to an existing PUD, rezoning and site plan approval. All of above applications
were granted by the City Commission on February 20, 1990.
Since that meeting, we have met with the County Traffic Engineer at his request
to discuss the possibility of our granting additional right-of-way on N.W. 22nd
Avenue and Congress Avenue. If we were to provide this additional right-of-way,
we would then have a shortage of 31 parking spaces.
We would like to accommodate the County in their effort, however, it is not in
our power to be 31 spaces short and therefore, we are before this Board. During
your evaluation, please consider the following;
A. American Development is an approved development. Improvements at the
intersection of Congress Avenue and N.W. 22nd Avenue are included in the
approval conditions, but do not require additional right-of-way dedication
to implement.
B. Palm Beach County has requested that the development dedicate right-of-
way, in excess of what is requested in the approval conditions. Dedication
of the additional right-of-way will result in loss of parking spaces,
compared to the parking code requirements. A total of 31 parking spaces
will result from the right-of-way dedication, which is above that needed
to meet the development conditions.
C. Thirty one (31) parking spaces constitute less than four (4) percent of
the total parking and wi 11 not have any meaningful negative effect on the
operations of the site, nor on other properties.
D. The requested dedication of right-of-way will positively affect the
intersection operation at Congress Avenue and N.W. 22nd Avenue, and will
enhance the traffic f1 ow at the intersection for the benefit of all road
users.
FAX; 407/243-8184
~
CITY OF BOYNTON BEACH
Hay 7, 1990
Page Two
Please feel free to contact this office if you should require any additional
information.
Sincerely,
o IE SCHNEIDER ASSOCIATES AU, PA
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cc: AlJreri can Deve 1 opment
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Currie
Schneider
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CITY OF BOl~VTON BEACH
Board of Adjustments
100 East B~~~ton Beach Boulevard
Boynton Beach, Florida
33435
Re: TARGET SHOPPING CENTER - 89552
S. W. Corner of Congress Avenue & N. W. 22nd Avenue
Hembers of the Board,
The following are statements of conditions and hardships as required for your
consideration of this request:
A. Our specific special circumstances are that we are an approved site plan
as of the February 20, 1990 City Commission, and following that date, the
County Traffic Division has requested that we provide additional right-
of-wa}' for expansion of roadway improvements to N. W. 22nd Avenue. If we
agree to give this additional right-of-way, I+'e will lose parking spaces
which will place our approved project below the city code requirements.
B. The special conditions and circumstances are a result of the County
requesting an additional right-of-way, not caused ~y our actions.
C. No special pri\'ileges will be conferred to us because of this variance,
since other lands have not been requested to dedicate right-of-way. If
we do not agree to dedicate this land, then we can use our land as
intended and meet all city codes and ordinances as approved.
D. If we adhere to this County request, and give the land to the County for
R.O.W. improvements, we will lose parking spaces and thus not have the same
benefit as other proper~y owners to develop our approved site plan.
E. The granting of this variance is the minimum which will make it impossible
to de~'elop our approved site plan.
F. The granting of this variance will be ill harmony with the general intent
and purpose of the codes, and will not be injurious to the area involved
or otherwise determined to the public welfare. In fact, the granting of
this variance will result in an enhancement of the public safety and
welfare while not diminishing the quality and service of the shopping
center.
Thank. you for your consideration.
Sincerely,
ClJR!lIE SCHNEIDER ASSOCIATES AlA, PA
FAX: 407/243-8184
JAlapr
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Sch neider
Associates
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The following site data represents the improvements of the
approved site plan after all the conditions of approval have
been incorporated on the drawings.
CURRENT ZONING COMMUNITY COMMERCIAL (C-3)
TYPE OF DEVELOPMENT SHOPPING CENTER
SITE AREA 574,077 S.F. (13.17 AC'j
BUILDING FOOTPRINT 141,940 S.F. 124.72 %
PAVED AREAS & DRIVES 262,482 S.F. 45.72 %
WALKWAY AREAS 26,250 S.F. 4.57 %
GREEN AREA 143,405 S.F. 24.99 %
PARKING: RETAIL @ 1/200 S.F.
RESTAURANT @ 1/2.5 SEATS
TOTAL RETAIL AREA
133,200 S.F. - 200 = 666 SPACES
TOTAL RESTAURANT AREA
8,749 S.F. @ 60 % = 5,244 S.F.
5,244 S.F. - 15 - 2.5 =140 SPACES
TOTAL PARKING REgUIRED _ ='806 SPACES
TOTAL PARKING PR VIDED = 825 SPACES
TOTAL HANDICAPPED REgUIRED = 17 SPACES
TOTAL HANDICAPPED PR VIDED = 17 SPACES
LOADING SPACES PROVIDED = 3 SPACES
BUILDING HEIGHT 28 FEET
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FAX: 407/243-8184
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Currie
Schneider
Associates
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The following site data represents the improvements of the
approved site plan after all the conditions of approval have
been incorporated on the drawings, as well as the dedication
of the requested ROW from the Palm Beach County.
CURRENT ZONING COMMUNITY COM~ERCIAL ((-3)
TYPE OF DEVELOPMENT SHOPPING C~NTEn
SITE AREA 556,955 S.F. (12.78 AC'j
BUILDING FOOTPRINT 141,940 S.F. 124.72 %
PAVED AREAS & DRIVES 258,467 S.F. 46.47 %
WALKWAY AREAS 17,879 S.F. 3.36 %
GREEN AREA 138,669 S.F. 25.26 %
PARKING: RETAIL @ 1/200 S.F.
RESTAURANT @ 1/2.5 SEATS
TOTAL RETAIL AREA
133,200 S.F. - 200 = 666 SPACES
TOTAL RESTAURANT AREA
8,749 S.F. @
5,244 S.F. - 15 -
TOTAL PARKING REgUIRED
TOTAL PARKING PR VIDED
TOTAL HANDICAPPED REgUIRED
TOTAL HANDICAPPED PR VIDED
LOADING SPACES PROVIDED
BUILDING HEIGHT
60 % = 5,244 S.F.
2.5 = 140 SPACES
= 806 SPACES
= 778 SPACES
= 17 SPACES
= 17 SPACES
= 3 SPACES
28 FEET
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American Development Corporation
May 9, 1990
CUrr~e Schneider As~iates, AIA
25 Seabreeze Avenue
Delray Beach, Florida 33483
Rl:: 13 .179 ACRE (APPROXIMATE) TRACT OF LAND IN THE SOUTHWEST
(UADRANT OF THE INI'ERSEX:TION OF CONGRESS AVENUE AND NW 22ND AVENUE,
OOYNTON BEACH, FLORIDA
Gentlemen:
This letter authorizes Jose Aguila, an associate of your firm, to act on
behalf of American Developrrent Corporation with respect to any and all
requirements of the City of Boynton Beach, Florida related to the proposed
var~ance of the above-captioned tract and any and all related approvals in
connection therewith.
Yours truly,
f{~ (/4
Richard Ade
President
STATE OF FLORIDA
COUNTY OF PALM BEACH
S'MJrn to and subscnbed before Ire this 9th day of May, 1990.
My Cammiss~on Expires:
_OrARY PUBLIC SrATE OF FLORIDA
NY COHNISSI3H EXP. APR. 5,1992
BONDED THRU GE~ERAL IN1. UNO.
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4 water Street Nashua, New Hampshire 03060
Board of County Commissioners
Carol J: Elmquist, Chairman
Karen'T. Marcus, Vice Chair
Carol A. Roberts
Ron Howard
Carole Phillips
May 13, 1990
County Administrator
Jan Winters
Mr. Ii m Cannon
Acting Planning Director
City of Boynton Beach
211 S. Federal Highway
Post Office box 310
Boynton Beach, FL 33425-0310
RE: , RIGHT-Of-WAY DEDICATION fROM AMERICAN DEVELOPMENT
LOCATED ON S.W. CORNER Of N.W. 22ND AVENUE l CONGRESS AVENUE
Department of J:ngineering
and Public Works
Dear Mr. Cannon:
As you know, the City recently approved the subject commercial development. It
is requested that right-of-way, consistent with Palm Beach County's Thoroughfare
Plan, be dedicated by this development to accommodate an expanded intersection
at this development. This dedication would require 71.5 feet from the centerline
of N. W. 22nd Avenue and 64 feet from the centerl i ne at Congress Avenue,
cons i stent wi th Palm Beach County's standard drawi ngs for expanded intersect ions.
It is my understanding from Mr. John Benditz with Kimley Horn, engineers for the
project, that they will be able to accomplish the requested dedication if the
City grants a variance for the reduction of 31 parking spaces from that required
by the City code.
Given the proposed interchange of N.W. 22nd and 1-95 and the extensive commercial
approvals in this area, including Motorola, Boynton Beach Mall and Quantum Park,
it is my feeling that it is critical that we maintain the option of providing
a fully expanded intersection at this location. A fully expanded intersection
allows for two lefts, three thrus and a right turn lane on each approach. Unless
this right-of-way is dedicated, the future cost of obtaining this right-of-way
may be prohibitive,and this intersection could evolve into a traffic bottleneck.
Based on the above, it is my recommendation that the City grant the requested
variance.
Your is assistance is appreciated .
Sincerely,
OFFICE OF THE COUNTY ENGINEER
etJJJJL-
........., ~~.'.,'~r< ~D
lWC~~ll V,.r.,
Charles R. Walker, Jr., P.E.
Director - Traffic Division
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PLANNING DEPt:!
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CRW:te
cc: John Benditz, Kimley Horn and Associates, Inc.'
file: Intersections - N.W. 22nd Ave. & Congress Ave.
Municipality - City of Boynton Beach
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.. An J:qual Opportunity - Affirmative Action J:mployer"
BOX 2429 WEST PALM BEACH, FLORIDA
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K I ~"lLEY -HORN
TEL No,407-863-S175
May 16,90 9:10 No,005 P.02
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I Klm/ey.Horn ,
Klml9y-Horo and AlJsocIates, loe,
el'l\:lINee"5 . P"LAIIINeIlB . 8UAVe'l'OA3
4431 EmbarcaClefO Drive Weat Palm BSBen, Flor!da 33401 407 84~'0605 F~~",il11il.. 407663-8175
May 16, 1990
4071T.OO
Mr. Tim Cannon
Acting Planning DIreCtor
City or Boynton BeaCh
J 00 EaSt BoyntOn Beach Boulcvard
POSt office BOx 310
BoyntOn Beach, Florh1a 3342:J-03l0
Rc: Right-of-Way Del3Jcatlon
for American Development
Located aD SW Corner of
NW 22nd Avenue ana Congress Avenue
Dcar Mr. Cannon:
This letter is intended to clarify the basis of the requested variance for the
rC(luction Of 28 parking spaces from those required by City code in Order to prOvil1C for
the right-of-way dedication requested by Palm Beach County bngineering Uepartmcnt.
The County has requested the right-of-way dedication to accommodate the ultimate
roadway improvcment rcq\liremcnts for the intcrsection of NW 22nd Avenue and
Congress A venue. The justification for the requested variance is as follows:
I. A site plan for the above-referenced project was approved by the Boynton Beach
City Commission on February 20, 1990. The approved site plan fully met, the
parking requirements identified by City code.
2. The only improvements at the intersection of NW 22nd Annue and C.:>ngress Avenue
required of this project included the addition of an eastbound right-turn lane, l'he
existing right-of-way line on this approach of NW 22nd A venue is approximately
13.5 feet from the currcnt edgc of pavement. This would allow construction of the
required turn lane improvement and adjacent sidewalk section without requiring any
additional right-of-way dedication beyond that shown on the approved site plan,
with the exception of an additional corner clearance which would not result ill the
loss of any parking from the approved plan.
3. Palm Beach County has requested the dedication of an additional 21.5 feet from the
centerline of NW 22nd Avenue to accommodate the ultimate intersection
configuration at this location Dot to accommodate those improvements as required
as a condition of the development approval.
An.LlIli" . C~.riul'" _ 011011.. . ~rl l.~c(o,d.l. . FCH't M~e,. - NIlt~.ile . Or'lendo . Pl\09IIlx
RtlHflgh . Sa" c~u + SIUlut . bm'-Rl . Vwu 8tttuitl I YIr~'lIf1 8tI.:.;.t, . WVtSl Patm 8tf~c:h
8 u i I u I '1 U 'I,; Ii" II t f.:. t I v PI 4f h I u" .. i 11 C w 1 t 6 7
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/it'REC [- ' ' ".
LL~ ~AY 2 4 1910 ~ _ .
r,;;,I' mY Of BOYNTON B~li I _j-:
em Clrp~ ,'--~
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p\.ANN\~G OE.Pl.
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K I M,LEY-HORN
TEL No.40r-863-8175
May 16,90 9:10 No.OOS P.03
Mr. Tim Cannon
-2-
May 16, 1990
In summary, this project could proceed forwan1 with the approvca site plan in full
compliance with City code and no additional right-oC-way dedication to meet their
required roadway improvements at this location. However, the applicant has agreed to
make a voluntary dedication of right-of .way to Palm Beach County in order to meet the
ultimate roadway needs in this area in exchange for a variance covering the short-fall of
required parking spaces which would result following the requested dedication. Palm
Beach County has recognized that the requested right-of-way dedication can only be
obtained through voluntary dedication at this location Bnd has recommended granting of
the requested variance to preserve the options to accommodate the ultimate needs of this
intersection,
Please advise jf you have any further Questions regarding this matter or require
additional clarification.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
~~~
VIce President .
JFR/mcc
cc: Charles R. Walker, Jr" P,E.
Palm Beach Count}' Engineering Department
-4071 TOO-TC-LOSl690-JP'B. wp
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OCTooilS..19 __J4:04P1lI 87-294476
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So", IlAI.OQ" r~ 33431
ThI. In,"wm.nl ...01 'lfapored b,.
RichArd H. Critchfield
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-1ltLlarranty Jeed.
(STATUTOrt lOIM-SECTIOIl Ut.D2 f.S,)
RICHARD H. CRITCHJllil.D, P.A.
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September \vB7 .lltttuUl1
C.l R. Dlveloperl, Inc., a Connecticut corporAtion
01 tile Cown!)' of
Hew Haven
, Stote 01
C Q n n c c tic u t ' Q/'OnlOr., ond
Amer1c,n Oav.lopm&nt Corporlt1on, l Hew
whQ" poll 011\,. odd,." ,. elo R 1 e II a rd E. B Dye yo
4 W.ter Street. N&~hu.,
01 ,he Cownty vi Hill s b a ra u 9 t\ ..11'II1e .1
lii Unr ",11]. Tho' Illld gren,ot. fot and in ,lIIIIId,retlon 0' .h, Will 0'
Hampsh1re corporAtion
Hew HampShire 03060
NllW Htmpsh1ri
Ten I1nd No/100
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___.._._____.~---.----.------.-..-.------.--.-.-...--....---($10.00)DoUQ~
oM o,h., gON 0"" wo"'olale ,0l\aiderelillAS hi Illid (jtllntet In hand 1HI111 by Maid gran'aa. ,h. r.c.ipl ..h.,."E I. h.. .b,
CKknowl.dg,d. l1li, gra",.d, bellllalllld and Mid '0 ,he lAid i,Qllh... Gild 8roll'..', Mi" ..nd Quilln' I~,.~." Ill. 1011<,,,,011
".iClihd 101ld, Whloltt. Iylnll IInd 1I.lnll In P . 1 m II a II C h (;111111". flo/.dll. ,0...1t,
SEE EXHIBIT MAu ATTACHED HERETO AND MADE A PART HEREOF.
Tnt '01. eons1dorlt1on for this conv,yanee is the partial Assumption b~ the
Grantee ot that c&rta1n mortg4go in flvor of Ritaco Development Corporation
dAud Oecelllber 18.1984 and recordod D.camber 26.1984 in Offiti.l Records
Oook 4426 It Pigs 508 (tne NMortgAgtl'), which Mortgagt WH au1gned to
WAlbo,yn Development Corp.. I MAinO corporation by virtue ot thH cartAin
instrURlllnt rtlcordecl ,\prl1 1. 1986 in Otf1c;hl Records Book 4634 .at PIg.
1565. which Mortgage ~lS ca''''tHilly us1gud to BAnc8ouon Rul Enllu
CApItal Corporatfon. I MaslAchusettl corporat1on. by vfrtu. ot tn4t turt41n
1nlltrument ricorded Afrl1 11 1986 in Offic1.,l Records Book 4~34 at PClgtl
1592, All of thi Pub' c Rlcords of Palm Beach County. Florida. The Grlnh~
her_by issume. and agrees to pay ~hot portion of thl outit4nding principal
bAlanc~ 01 the Mortgagl eq~1vll.n~ to the product which riiult5 from
mult1plying the out$tinding prIncipal balance of tni Mortgage t1m.. 4
trAction. the numiTitor of ~hich 1s 13.179 and the denomfnator of ~h1ch 1~
49.31-
alld lAid ;/01110' d_ het..., "-II., ...cutOnl th. tint Ie Milo IlIncl. .nd wlU cI,I,,,4 ,lie Illm. aglli"" 'h, lowfloll d..i",. 01 gll
pe'..1I1 wll__.."
· "Orentot" Gild ..grG,,'.... or. ~ fa, IInllwlll' III ,lw'IIL III ,,,nl,al r.qloll/"
In lUUM" lDbrrlllf. Orlln,,,' ha. h"'lIlIIO lit 11/0111101". hond alld ,"I Ih. dO." lInd r.or fi.., obon ..,iIlGu,
~llIn.cl. ,"I.d lInCII "11_.0 IA ewe ,,_neel
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ITATa Of CONNECTICUT .' .. PS COI.Mi, Fl.
, COlJ~tY,C' NEW'HA,VE,N'.' ", ' ,. .....
"h~ItEftY"c:unlY',lIa" 011 l/Ii. do., beforw ..... ." oHic.t dwl1....Iif~ 10 IIIi.'lId&nowIedQIlMA". jlIrllWlOlh!,.......~~_.._'..
ChrfuoplHtr Err1cheu1. &$ Pru1ctcnt of C.l. R. DlVclop.r~t'=:i'~";"4(~41.;,,;.
Co n n 0 c t 1 cut CO rDO r. t 10 n , ,,!..., ,~\\.:;..:l' ..1'.'''.~.
Ie 1I141111"..,n ,. M llle...ttWI il9Krt\kd III on4 who tIlIClIlwd III. lor.oolno Inllrllmtn' And ,~~~. :~~~,rj~~:,';"Q'
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WITNEU mt lI;and en41 eHlclal _I In ,h, C'lInty allld S,.,. 10.. alEoratall. ,hi,. i) ( . ~,~"?~ ~~~~.:~};/i:r7
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EXHIBIT" AN
A portion of land in the Sou~hea$t Quarter of Section
Township 45 South, Range 43 East. and being A part of the
half of the Northeast 1/4 of Section 19. Township 4S South.
43 E a Ii t . 1 n P 41 m Be a c h Co un toY . F lor 1 d I & n d be 1 n g
particularly descrfbed &$ follows:
Commencing at the Eait 1/4 corner of Section 18. thence South
89005'09" West. 50.05 fl.t. along part of the Narth line of the
Southeast 1/4 of Sect10n 18. to a pOint on the West Right-of-Way
Hne of Congress Avenue 4S described in Official Records Book
1290 at P4~e 519, thence South 89005109" West. 1301.41 feet along
part of the Harth 'ina of the Southeast 1/4 of Section 18, to the
~ast 11n8 of a tract as d,ser1bad in a deed from N.R. Field to
Sunny South Estates. Inc., rQcorded in Of11c1al Records Book 3206
At Page 1070, thence. South 01"44121" West. 1370.28 feet. along
part 01 said Ellt l1n. to the South Right.of-Way of Northwest
22nd Avenue. as described in Off1c;11 Records Book 1785 At poge
1569. thence North 88059156" East, 300.43 feet along said South
Right-of.Way line to the Point of Beginning, thince continuing
North 88"59156" East. 991.00 feet along said South Right-af-Way
line to the Wast 11ne of the 120 foot Congress Avenue
Right-of-Way, as per Official Records Book 3560 at Pages 1115
throu~h 1120. thlnee along Slid Wlst Right-of-Way line South
01944 21M ~.st. 642.00 f'lt, thence South 46044121" ~est. 35.35
feet. th.ne. North 88015'39" West, 1~9.34 feet, to l point of
curve tD the right having l radius of 600.00 feet. thence along
said curve to the right. an arc distance of 15.05 feet. said Irc
having & delta angl. of 01010.02". thence South 08054122" West.
65.21 felt. thence North 88015'39" West, 254.01 feet, thence
North 01-44'21" West. 60.00 feet. thence North 5801214411 West,
360.00 feet. thence North 31047'1611 East, 140.00 felt. North
58012144" WIst. 216.05 feet. thence North 01.4~121" We5t. 210.00
feet to the South Right-af-Way l1n~ of Northwest 22nd Avenue And
the Point of Beginning.
18,
North
Range
more
f........
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.
C E R T I F I CAT ION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
~
'9
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been
made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH,
FLORIDA, for the variance as indicated, under and pursuant to the
provisions of the zoning code of said City:
Case #146
Owner/
Applicant:
American Development Corporation
Requested
Variance:
Relief from zoning requirement of 815 parking
spaces to be reduced to 784 to construct a
141,940 square foot shopping center (which
includes a 8,740 square foot restaurant)
Location:
Southwest corner of Congress Avenue and
Northwest 22nd Avenue
Legal
Descriptions
A portion of land in the Southeast quarter of
Section 18, Township 45 South, Range 43 East,
and being a part of the North half of the
Northeast 1/4 of Section 19, Township 45
South, Range 43 East, in Palm Beach County,
Florida
A PUBLIC HEARING will be held relative to the above application
by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers,
Boynton Beach, Florida, on Monday, June 11, 1990, at 7:00 P.M.
Notice of a requested variance is sent to property owners within
400 feet of the applicant's property to give them a chance to
voice their opinion on the subj ect. Comments may be heard in
person at the meeting or filed in writing prior to hearing date.
If further information is desired, call 738-7408, City Clerk's
Office.
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 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
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
May 24 and May 31, 1990
eaf
BOA146
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BOARD OF ADJUS'IMENT CASE #146 - AMERICAN DEVELOPMENT CORP.
1. C & R Developers, % R. Critchfield
2250 Glades Rd., Boca Raton, 33431 - Mailing
1901 S. Congress Ave., BB - 33436 - Service
2. Quantum Assoc., N. Congress Ave., BB- 33436
Mail: 2455 E. Sunrise Blvd., Suite #1106
Ft. Laud. 33304
3. M:>torola, 1500 NW 2nd Ave., - 33436
4. Am. Dev. Corp. % Richard Boyer, Nashua, NH, 03060, 4 Wt:L#"\.. S+'
5. Mahogany Bay Ltd.
2001 Mahogany Dr.
4001, n
5001, "
6001, "
7001, "
8001, "
9001, "
12001, "
13001, "
14001, "
16001 "
6. Catalina Centre Dev. Corp.
8132 Glades Rd.
Boca Raton, FL 33434
7. Mahogany Bay, Ltd.
PO BOX 98309
Atlanta, GA 30359
8. MJtorola, Inc.
Attn: Tax Dept. ILOl-9th
1303 E. Algonquin Rd.,
Schaumberg, II, 60196
..
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed CO?y 0: th~3 r~ut~ng sl~p must accompany any request
to have a Legal Nct~c~ or Legal Ad~ertlseme~c Published and must
be submitted to the office of the City Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Building Department
PREPARED BY: Al Newbold
DATE PREPARED: 5/15/90
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adjustment Case #146
Public Hearing Notice to be held Monday, June 11, 1990
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, section Placement, Black Border, etc.)
Standard legal notice form
SSND COPIES OF .~:J 70: Owners within 400 feet of requested site,
all Board members, City Commission members, Building Official,
Ci LY AL torney, City Manager, App lh:i:UlL
NEWSPAPER(S) TO PUBLISH: Boynton Beach News
DATE(S) TO BE
PUBLISHED: May 24 and May 31, 1990
rD
.100
Da e}
APPROVED
( 1 )
( 2 )
(Date)
I 3 }
(Date)
(City Manager)
RECEIVED BY CITY CLERK:
CCHPLET::D:
-~----_..._------_._~--------
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been
made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH,
FLORIDA, for the variance as indicated, under and pursuant to the
provisions of the zoning code of said City:
Case #146
OWner/
Applicant:
American Development Corporation
Requested
Variance:
Relief from zoning requirement of 815 parking
spaces to be reduced to 784 to construct a
141,940 square foot shopping center (which
includes a 8,740 square foot restaurant)
Location:
Southwest corner of Congress Avenue and
Northwest 22nd Avenue
Legal
Descriptionl
A portion of land in the Southeast quarter of
section 18, Township 45 South, Range 43 East,
and being a part of the North half of the
Northeast 1/4 of section 19, Township 45
South, Range 43 East, in Palm Beach County,
Florida
A PUBLIC HEARING will be held relative to the above application
by the BOARD OF ADJUSTMENT at City Hall, Conunission Chambers,
Boynton Beach, Florida, on Monday, June 11, 1990, at 7:00 P.M.
Notice of a requested variance is sent to property owners within
40q feet of the applicant's property to give them a chance to
voice their opinion on the subj ect. Conunents may be heard in
person at the meeting or filed in writing prior to hearing date.
If further information is desired, call 738-740&, City Clerk's
Office.
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 Adj ustment with respect to
any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
May 24 and May 31, 1990
eaf
BOA146