AGENDA DOCUMENTS
.......
STAFF REPORT
BOARD OF ADJUSTMENT
September 19, 1994
Case #198
Location: 4742 N. Congress Avenue
(Boynton Lakes Plaza)
outparcel "All
Potential Owner:
David Daszkal
Agent: Chris Crawford
Request: The request for waiver of the loading zone requirement
involves preserving parking spaces. The variance is a
request to eliminate the requirement of a loading zone
for the proposed restaurant. The variance is a request
for relief from the requirements of Appendix A, Zoning,
Section 11, J. 1. and 2.a.
Analysis: The subject outparcel and Boynton Lakes Plaza are located
in the C-3, community Commercial, zoning district. The
following is a description of the land uses and zoning
districts of the properties that abut outparcel "A":
North -
an existing major driveway entrance leading to
the Boynton Lakes Shopping Center; farther
north is outparcel liB", a separately owned,
vacant outparcel adj acent to Boynton Lakes
Plaza, zoned C-3, Community Commercial.
East -
an existing shopping center (Boynton Lakes
Plaza), zoned C-3, Community commercial.
South -
Plaza Lane, a City right-of-way; farther south
is undeveloped residential land zoned PUD,
Boynton Lakes.
West -
Congress Avenue, a County right-of-way;
farther west is Meadows Plaza, an existing
shopping center, zoned C-3, community
Commercial.
Find attached Exhibit lIAlI, a document prepared by the
applicant, which represents the statement of special
conditions for the variance request.
The following items are provided to assist you in making
your evaluation:
1. The use the applicant is proposing to occupy the
premise is a single drive through sit down
restaurant with 80 seats.
2. The language in the code that requires a loading
zone and the design specifications are as follows:
J. OFF-STREET LOADING:
1. For the purpose of this ordinance, the term
"off-street loading or unloading space" shall
mean a vehicular loading space constructed of
a hard surface and shall consist of a space
with dimension~ not less than twelve (12) feet
in width, thirty-five (35) feet in length and
fourteen (14) feet in height, exclusive of
access aisles, maneuvering space or alley
right-of-way.
/
page 2
Board of Adjustment
Case #198
2. The following spaces shall be provided for the
uses indicated:
a. Every hospital, institution, hotel,
commercial or industrial building, or
similar use, requiring the receipt or
distribution by vehicle of materials or
merchandise, shall have sufficient
permanently maintained off-street loading
space so as not to hinder the free
movement of vehicles and pedestrians over
a street or sidewalk.
3. The drive through aspect of the use requires
conditional use approval. the applicant is
presently in the review stage of the conditional
use approval process. The use approval is
schedul~d for City Commission review September 20.
1994. One of the standards used by staff, Planning
and Development Board and City Commission in their
evaluation of the review of the use approval is
loading areas. The loading area is evaluated with
respect to automobile and pedestrian safety and
convenience, traffic flow and control, and access
in case of fire or catastrophe.
4. The proposed site was developed as part of the
shopping center and the following improvements
exist at the site: utilities, drainage,
ingress/egress access aisles from the shopping
center, 58 parking spaces and access aisles,
landscaping and irrigation, and a vacant building
pad. The layout and design of the new site will
reduce the total number of existing parking spaces
from 58 to/54 without the inclusion of the required
loading zone.
5. The subj ect site, outparcel "BlI and the shopping
center, including the cuco's Restaurant,
c~llectively share parking spaces. Required
parking spaces are based on one (1) parking space
for each two-hundred (200) square feet of leasable
floor area of the main shopping center building
plus the total gross floor area of the outparcel
buildings. Outparcel "B" is developed similar to
the subject site with parking spaces and a vacant
building pad. The total number of parking spaces
required for the project, excluding a building for
outparcel "B", but, including the existing
construction at the project and the proposed
restaurant site is 662. The number of parking
spaces provided at the project including the spaces
proposed for the restaurant site is 668 plus 27
equals 695. The 27 additional spaces were a result
of a::1 approval of a variance to reduce parking
spaces at the project (see item #7 below).
6. A drawing indicating the number of parking spaces
that would be eliminated as a result of showing a
loading zone was not shown, however, the size of
the loading zone is twelve (12) feet wide by
thirty-five (35) feet long.
e:L-
page 3
Board of Adjustment
Case #198
7. On January 19, 1994, the board approved Case #190,
a reduction of 27 required parking spaces for the
project (see attached minutes).
8. If the variance is denied, the site would be
redesigned to accommodate the loading zone. If the
variance is approved, parking spaces would be
preserved that are not required for the restaurant
use but are part of the spaces for the entire
project. Site plan review approval is required
prior to development on outparcel liB".
a:boa198
3
MINUTES - BOARD OF ADJUSTMENT MEETING
BOYNTON BEACH, FLORIDA
JANUARY 19, 1994
Case '190
NW corner of Plaza Lane and Boynton Lakes Boulevard
Property Owner:
Request:
Boynton Lakes Plaza, Partnership
A variance to reduce the required number of parking
spaces for the Boynton Lakes Plaza Shopping Center.
The request is for a reduction of twenty-seven (27)
parking spaces. There are 671 parking spaces pro-
vided at the site. The spaces serve a total of
132,615 square feet of building area.
Secretary Houston read the request and the applicant's response to the require-
ments for the granting of a variance.
The application explained that the landowner has been unsuccessful in closing a
contract on Outparcels "A" and "B" for the last two years because when the
footprint of the prospective tenants are inserted on the outparcels, the
footprints eliminate parking spaces because of its configuration or loading
area. The entire development, including outparcels, was reviewed collectively
when the City calculated the parking space requirements. The outparcels have
cross-access and cross-parking agreements with the entire development.
Rocky Goins. A.G. DeveloDment GrouD. Inc. said this development has been under
design for approximately eight years.~s construction failed many times and
A.G. Development purchased it from RTC. Prior to the purchase, many discussions
were held with the Planning Department regarding what could be developed.
Mr. Goins displayed a site plan and explained that the outparcels have not
changed in size from what was originally approved. However, once the building
design was submitted, the Building Department modified it for Code reasons. It
was necessary to install two fire corridors, and a room for a fire riser for
Winn-Dixie. Because the project is eight years old, Winn-Dixie requested the
use of a new prototype which-increased their back rooms and storage areas. The
increase in size was not due to the addition of tenants, but because of storage
areas and for safety reasons. These areas do not generate traffic.
The applicant is requesting the reduction of parking spaces by 4% (twenty-seven
spaces). The applicant feels the request is justified because of the require-
ments of the Building Department. The approval of the variance request will
permit the construction of the outparcels according to the original plan which
was approved. Mr. Goins pointed out that the developer had to add 6,521 square
feet of safety and storage areas which amounts to thirty-three (33) parking
spaces. This area will not generate any additional traffic into the center.
Mr. Sechter confinmed that Mr. Goins is requesting a decrease in the parking of
4% to increase the flexibility of the entire plaza.
In response to a question from Vice Chainman Uleck, Mr. Goins explained that all
parking spaces have been built. However, he is requesting the flexibility of
removing the spaces if necessary to accommodate an 'outparcel tenant. Mr. Goins
advised that the developer does not intend to increase the size of the
buildings. However, because the dead space square footage has been included in
the calculations, the buildings cannot be built as proposed. They need the 4%
reduction to build as originally proposed.
- 2 -
4
MINUTES - BOARD OF ADJUSTMENT MEETING
. BOYNTON BEACH, FLORIDA
JANUARY 19, 1994
Phyllis Dolaslager, 2770 Floral Road, expressed concern that the parking at
Boynton Lakes Plaza not turn out like the parking at Meadows Square.
Mr. Goins stated that Boynton Lakes Plaza has more parking per square foot
building than Meadows Square. He claims the parking ratios throughout the State
have gotten more strict since Meadows Square was built.
Mr. Haag said that unless Meadows Square received a variance, they would have
the correct amount of parking spaces per Code. The Code requires one space for
every 200 square feet of leasable space, and the Code has not been changed since
that center was built. Mr. Haag pointed out that Meadows Square has parking
behind the store, but many people do not like to use those spaces.
Calvin Cearley. President. Chamber of Commerce. 639 E. Ocean Avenue. spoke in
favor of granting this variance. The addition of two outparcels will probably
employ thirty (30) people and the Chamber is anxious to bring in as many busi-
nesses as possible.
THERE WAS NO ONE ELSE WHO WISHED TO SPEAK ON THIS APPLICATION.
Ms. Solomon was in favor of approving this application because the reduction of
twenty-seven (27) spaces is reasonable.
Mr. Miriana supports the granting of the variance because it is only a 4% reduc-
tion and some of the square footage has been taken up by space which will not
generate traffic.
Mr. Garnsey also supports the granting of this variance because 4% is not a
significant reduction and it is important to bring businesses into . the City
to increase the tax base so that citizens will not have to pay higher taxes and
fees for disposal of trash, etc.
Vice Chainman Uleck also supports the 4% reduction because he feels it is a fair
request.
Motion
Ms. Solomon moved that we approve the reduction of twenty-seven (27) parking
spaces at 4740 North Congress Avenue. Mr. Sechter seconded the motion. The
Recording Secretary polled the vote, which carried 7-0.
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