REVIEW COMMENTS (MINUTES)
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 17, 1995
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Motion
Commissioner Jaskiewicz moved to approve the parking lot variance, request for relief from Chapter
23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in
parking spaces which exceeds 25% of the existing stalls without upgrading the portion of the existing
vehicle use area located between the south property line and the existing building subject to staff
comments. Mayor Pro Tem Matson seconded the motion which carried unanimously.
Motion
Mayor Pro T em Matson moved to approve the request for landscape code appeal to om it the 2 ~ I wide
landscape strips between the vehicle use area and the abutting property line at the southeast corner of
3800 South Congress Avenue, known as UPS Communication Data Center subject to staff comments.
Commissioner Jaskiewicz seconded the motion which carried unanimously.
Mr. Kilday confirmed that the motion on the landscape appeal includes the condition of substituting
landscaping to the north (the additional trees on Congress) and the infill (working with the Forester).
F. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRI PTION:
Carrabba's Italian Grill at the Target Shopping Center
Lisa A. Tropepe, P.E. - Shalloway, Foy, Rayman & Newell, Inc.
American Development Corporation
Southwest corner of N.W. 22nd Avenue (Gateway Boulevard)
and Congress Avenue
SITE PLAN - Request for site plan approval to construct a 6,238 square
foot, 222 seat, one-story restaurant on a 1.617 acre outparcel at the
Target Shopping Center.
Lisa Tropepe, Civil Engineer, represented the applicant. This outparcel is in the northwest corner of
the Target Shopping Center. The applicant has received all the necessary engineering permits
including Palm Beach County Land Development Engineering Division and Palm Beach County Public
Health Unit. The applicant has agreed to accept the balance of staff's comments which will be
addressed at the time of building permit. All Code requirements have been met. With regard to the
parking space requirements, the applicant has exceeded the requirement by 35 spaces and increased
the green space area by four times the requirement. They have tripled the amount of trees required
on the site. This proposed building will be compatible with the color of the adjacent buildings in the
Target Shopping Center.
Commissioner Jaskiewicz pointed out a discrepancy between the staff report and the applicant's request
relative to the number of seats. The staff report indicates 222 seats, while the applicant indicates 225.
Ms. Tropepe stated that their site plan shows 225 seats.
Ms. Heyden advised that there have been concerns expressed from tenants in the shopping center.
This outparcel was part of the Target Shopping Center, was preplanned, and it is considered to be
vested. The proposed building will be compatible with surrounding buildings in the center. Staff
recommends approval of the project subject to staff comments.
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 17, 1995
Vice Mayor Bradley questioned the reason for the additional landscaping. Ms. Tropepe explained that
this outparcel is beautifully landscaped at the present time. There are existing trees and shrubs that
meet the Code requirements; however, the owners of Carrabba's wish to provide additional
landscaping around the restaurant and the perimeter of the parcel because they feel it is a good
marketing tool.
Mayor Pro Tem Matson confirmed that there will be 225 seats in the restaurant.
Motion
Mayor Pro Tem Matson moved to approve American Development Corporation's request for site plan
approval to construct a 6,238 square foot, 225 seat, one-story restaurant on a 1.617 acre outparcel at
the Target Shopping Center subject to staff comments. Vice Mayor Bradley seconded the motion which
carried 4-0.
G. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRI PTION:
r'
UPS Communication Data Center
Collene W. Walter - Kilday & Associates, Inc.
GR Palm Associates
3800 South Congress Avenue
MAJOR SITE PLAN MODIFICATION - Request to amend the
previously approved site plan to construct 486 new parking spaces
and upgrade the existing vehicle use area.
This item was moved up on the agenda, and addressed earlier.
H. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRI PTION:
UPS Communication Data Center
Collene W. Walter - Kilday & Associates, Inc.
GR Palm Associates
3800 South Congress Avenue
PARKINC lOT VARIANCE - Request for relief from Chapter 23 -
Parking Lots, Article I, Section 2.F of the Land Development
Regulations to allow an increase in parking spaces which exceeds
25 % of the existing stalls without upgrading the portion of the existing
vehicle use area located between the south property line and the
existing building.
This item was moved up on the agenda, and addressed earlier.
I. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
RaceTrac Service Station at Shoppes of Woolbright PCD
Anna Cottrell - Basehart & Cottrell, Inc.
RaceTrac Petroleum Inc.
Northwest corner of S.W. 8th Street & Woolbright Road
TIME EXTENSION - Request to grant a five (5) month retroactive and
a one (1) year time extension for site plan approval and concurrency
exemption.
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MIN UTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
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Owner:
Location:
Center
Lisa A. Tropepe, P.E.
Shalloway,Foy, Rayman & Newell, Inc.
American Development Corporation
Southwest corner of N.W. 22nd Avenue (Gateway
Boulevard) and Congress Avenue
Request for site plan approval to construct a 6,238
square fOC,)t, 222 seat, one-story restaurant on a
1.617 acre outparcel at the Target Shopping
Center.
Agent:
Description:
Dan DeCarlo made the presentation. The land use designation is General Commercial, and
the zoning designation is Community Commercial (G}). The surrounding land uses are N.W.
22nd Avenue and Mahogany Bay to the north; the Target Shopping Center to the south;
Congress Avenue and Motorola to the east; and Savannah Lakes to the west. This property is
an outparcel within the Target Shopping Center which is.an improved, lot with parking and
,~ landscaping. With regard to traffic concurrency, the Pa.,lm Beach County Traffic Division has
c;'''''. reviewed the traffic generation and impact proposed by this outparcel, and has determined
that there will be no net increase in trips generated than that previously approved for the
center. There is currently a capacity problem with Gatevvay Boulevard. To avoid having to
make improvements to Gateway Boulevard, which are scheduled.by th.eCof.:lnty for next year,
traffic concurrency was met by reducing the 75,000 square feet of office use vested as part of
the Catalina Centre to 68,230 square feet. Thisoutparcel does npthave access to the major
public right-of-way; however, one two-way major driveway into, the existing Target parking
lot offers access to the subject site. The proposedparkingfadlity ~ontajns the required spaces
for commercial or restaurant use with 222 seats planned. The proposed development incl udes
all minimum landscaping required by Code, and meets the requirements ofthe building and
site regulations for C-3 zoning.
The proposed stucco building will match the color of the adjacent Target building and
includes green trim and green and white awnings. The colors are compatible with the colors
of the neighboring structures. There will be signage on the facade of the building and one
freestanding sign on the northeast corner of the parcel.
The Planning and Zoning Department recommends approval of this site plan request subject
to reflection of staff comments and all other applicable City of Boynton Beach Code of
Ordinances on the plans submitted for building permits.
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Lisa Trop~pe.1201 Belvedere Road, West. Palm Beach; reported that all second-round
comments were reviewed, and the applicant is confident that all of those comments can be
addressed.
10
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MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON' BEACH, FLORIDA
OCTOBER 10, 1995
THEREWAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Vice Chairman Golden moved to recommend approval of the site plan for Carrabba's Italian
GrilLto construct a 6,238 square foot, 222 seat, one-story restaurant on a 1.617 acre outparcel
at the Target ShoppirigCentersubject to all staff comments. Mr. Beasley seconded the motion
which carried 6~O; (Mr.'Wische was away from the dais.)
M;Jjor Site Plan Modifif;.ation
2.
Project Name:
Agent:
UPS Communication Data Center
Collene W. 'Walter
Kilday & Associates, Inc.
GR Palm Associates
3800 S.Congress
Request to amend the previously-approved site
plan to construct 486 new parking spaces and
upgrade the existing vehicle use area.
Owner:
Location:
Description:
Chairman Dube acknowledged the presence in the audience of City Manager Parker.
Dan DeCarlo made the presentation. He advised that the zoning is M-1 (Light Industrial) and
the land use designation is Industrial. The site area is 32.89 acres, and the building square
footage is 124,281 square foot of which 95,200 square feet will be used by UPS. The
surrounding land uses are warehousing and industrial uses to the north; the canal to the south;
1-95 to the east; and vacant land to the west.
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Minor changes to the exterior of the structure are proposed. The building color will remain
as is. Substantial modifications will be required to the interior to achieve the required floor
p!an for the 750 employees expected for the communication and customer service operations.
Additionafparking spaces will be constructed on the east side of the building.
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With regard to concurrency and traffic, the existing project is anticipated to be vested for
traffic concurrency. Verification is forthcoming from Palm Beach County Traffic Division.
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Two entrances to the existing facility now exist off Congress Avenue. Only the one furthest
south will be utilized. The north driveway will be blocked off with a chain supported by
bollards.
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UPS needs a minimum of 750 parking spaces solely for their employee use. Therefore,
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II, 1
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 16, 1992
2. Project Name:
Agent:
Owner:
Location:
Description:
Bookstop
Thomas T. McMurrain
American Development Corporation clo Richard Boyer
1895 North Congress Avenue
Site Plan Modification: Request for site plan
approval to construct an 11,772 square foot retail
bookstore as an outparcel at the Target Shopping
Center.
Mr. Cutro said this is a request by American Development Corporation to allow
the construction of an 11,772 square foot bookstore at 1895 North Congress
Avenue, which is located in the Target Center. The applicant is requesting to
combine two existing outparcels from the original site plan and expand the floor
area to accommodate the proposed structure. Another outparcel exists on the
site. It should be noted that the applicant will need to have another traffic
study done in order to develop that site. He has run up his square footage to
the point that what he is proposing on that site will have to berereviewed by
the County. However, that does not affect this site at the present time. There
is enough square footage left in the original site plan to allow this to go for-
ward. Staff reviewed the proposed site plan and found that the site complies
with the various codes of the City, inCluding the zoning district it is located
in, the Community Design Plan, and t~e Landscaping Code. The Planning and
Development Board reviewed the proPofed site plan and forwarded it the City
Commission with a recommendation foriapproval.
il
Commissioner AgUila said at least tw~ years ago when the Target site plan was
originally brought through the City, it was a project of his office. Since then
his office has done no work for Target. Target is no longer a client of his
office and his office has no personal gain. Mr. Cherof asked Commissioner
Aguila if he has any work pending with that particular client or if he is owed
money from that project that might be paid if this were approved. Commissioner
Aguila answered in the negative. Mr. Cherof advised he has no conflict.
Motion
Commissioner Harmening moved to approve this request for site plan approval to
construct a 11,772 square foot retail bookstore as an outparcel at the Target
Shopping Center. Commissioner'Aguila seconded the motion which carried 5-0.
c. Other
1. Request from Walter Dutch to allow a lot zoned for residential
use and commerical use to be used for commercial use as allowed
by Appendix A, Section 3.9 - division of lot of record (corner of
Boynton Beach Boulevard and N. W. 7th Court)
Mr. Cutro said this is a request by Walter Dutch for an exception to allow the
use of a portion of a lot that is split by a zoning boundary for a C-2 zoning
use. This is allowed by Appendix A, Section 3.5.g. The subject property is
located at the northwest corner of Boynton Beach Boulevard and N. W. 7th Court.
The southern portion of the lot 1s zoned C-2, while the north fifty feet is
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:MINUTES ~PLANNING ~I) DEVELOPMENT BOARD MEETING
. BOYNTON8!ACH~ FLQRIDA
JUNE 9t 1992
Moti on
Ms. Stevens moved to recomnend to the City Comnission that they approve the con-
dnron:aluse,f'ortne g~s station oTlWinchester Park Boulevard, and Boynton Beach
BoUlevardsiubje~tto'all staffconments and sUbject to the addition of the
buShes-around theslgn. Dean Fleming seconded the motion which carried unani...
mOlJsly.
MAJOR SIJEPLAN MODIFlCATlON
Bookstop
Thomas T. McMurrain
Ameri-,canDevelopment Corporation
croRlch~rd Boyer
a8'9.5:NQr~h. Congress Avenue
Reqpesl(:forstte. plan g,pproval to construct an 11 t772
square:fqQt r~tall pockstore as an outparcel at the
Target Shopping Center
Mike Haag made the presentattQn. T~~ 2!(ming qis~rict is C-3 and the. land use
plan designation isCornmerd~'l Retci1h .An overlay of the existing site plan was
displayed for review by memb:~~is',of,:~he'~Q~r~.:'.~:Mr.Haag ,explained ~hat two padS
have been combined and the p~ilTIk'tng" ~~s oeenma,v,ed throughout the s 1 te to accom-
modate the p~rklngspaces. :The.:ahcijitecturar qesignof the proposed bull di ng
will match theexistirig features of th~ 'existing. shopping center. Staff recom-
mends approval subj ect to sta:(f CerMlEmts. .
2. P reject Name:
Agent:
OWner:
Loca.ti on:
De$cEr'iption:
Mr. Bradleyque:stioned the var:,ance apptovalreferenced on the plans. Mr. Haag
explained that-had to dowit-hTa dedication used for 22nd Avenue. When that was
donet some of the parking sp~~s, had: to.,pe omitted. They applied for a
variance to redUce ,fhenumber.;1io,f; req~,tred park;Mg spaces. The variance was
approved. Mr. Bradley point~c;iouta. parkin9:space on the south end of the
retail areawhtch is not on t~~prOPJ!rty. Mr. Haagexplalned that the applicant
added the space and the:pla,n~:';i:s<ut>m1t~ed did not indicate he would be outside of
hi sprope rty. He tdentifi ed~ight s\)a,cesonthe plan, but upon ft e 1 d i nspec-
tiont only seven exist. Staf:fisaw~.re, of this inconsistency and will deal with
it ~t permit tim.e. .Mr. Bradli~W feel} t~js site ,has a parking prOblem. There
are currently two ,restaurant.s,: located: oil the ,SHe and those uses requi re a
higher ratio :than 1 per 200.,tYisibil:1ty for ~he existing tenants will be a
problem a 1 so. Mr. Brad;l ey w9!1d'~reclho"n5taffwQuld dea:l with the parking space
which is not on the parcel.+ttorne~ C~.erofstated that it is possible to
acqui re the,spac;e ,under: a 10Jl:Q:7,term !igreernent '(ind it would be acceptabl e. Mr.
Cutrostatedthat the square'::fo:dtage: 'of the bUilding can be adjusted and the
space eliminated.
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Alan CtkHn;...epre$enter.lAmer1~an Develornent :Corporation. In response to Ms.
Stevens' que'sUon :regatdin\J':cljlrnpHanceWi'th the Police Department's conmentst
Mr. Cik1 in stated those' cOll1'iJents have been ag'reed to and added to' the revised
site plan. Regarding parking~ the appHcant wtTl.make up the required parking
space even i.f he must reduce, the .square 'footage. The two butl d1 ngs on the 51 te
were proposed to be res.tauran't~. Th()se restaurants would generate a great deal
of activityqur1ngprime hou'r$.. Tho-se restaurartts have been replaced with the
bO'okstore. Jhereare rip p~al<:~oursfor such ,a)Jse and it is not anticipated
that th.ebO'qkis~ore ,will cQmpe+e with 1;n{;!;othe,r reta11 uses on the site. Mr.
Ciklin feels: th.e 'book s~ore'win be ar11.ntprovem~ntln the ex1stingshopping
center.
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*should read, "Hr. Miller..."
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MINUTES- PLANNING ANDDEVElOPMENTBOAR.D MEETING
BOYNTONBEACH~' FlOR.IDA
JUNE 9~ 1992
Dean Fl eming wondered whether there wi 11 be gates on the dumpster enclosure.
Theappllcant is agreeable to adctinggates to the enclosure.
,t1::qJJi ~f
Motion
Mr. ,Collins moved to approve the request for site plan approval to construct an
1.1,772 sqt,lare foo:tr~tail .bcokstore:as an outparcel ;at the Target Shopping
Center located at; 1895 North Congress Avenue, ,Projec.t Name, Bookstop, subject to
all staff comments. Ms. Huck le seconded the moti on.
Alt,lloggh tbere js n.o :Pupl1cd.Heartngontlllis applicatiQn,Chalrman Lehnertz
affo'rded'Mr. Taub an, 'op,portuhitytt~ spea.k.'
LarrY::Tal.IbLl601for'tlllPla~~~ .We$tL:Palm,.;~ea~h~ i,S an, attorney represe~ting most
of th~ ':tE!.nan'ts: .;fO'.tbe' 'affecteda-rea" Wh1:ch. lncludes two restaurantswlth a
seat jng,cap<i:cttyo:f 150. .Th~ trafft~ flow, l.n the shop,ping center creates
intense ,'competj,:tion. W.hen. e;aChOT thet~nants ,~igned a lease, the, plan showed
their~vided:,pad. They 'wol.lld not have stgn$d the lease if they knew the property
would:,t)~; jO.ltle.d~ If the prd'pert1es ~re Jo~ned" the landlord wi1l:be subjected
to 1,j~ti,tlitY f~ir br~acl1 'of$chof.the 1:~a~es beqau;se :each locatl,on requires
i:hattnei,i cu~to~rs '~ome 'litt,O;' cJQS~; proxi,mity to the store. Each ,of the stores
has' a"~Jgn vt~lbTe TrpntCon9tre~s p.yenu~~, The const,rucition, of this bui 1 di ng wi 11
obJiter~ite, th$' 'vi ew" pf .:tf,l;e' :S:,tore,s~ frQIDQongress '~",emH~~ ,Mr.. Ta!:fb- pointed out
that' tll~: T~~g;~' ~P:Jp~~e$an,dT;~:rg~tcu~e-omer~, p~rkl~, toe, area intended for the
retall,$itorres.:.;:Mr... ~~ijbst~te,d th~t, up ,to ,ei gn~eenspaces,wi.ll be; removed from
a lbcat~pn;wMlch dbe~ not h:aiVe":~np:lJgh park; Ilg :now. ,Hi,s objection 15,: that the
tenan1is;.i5ig~~, t.he.ir; leas~S:;ilWi:~n; (1' diff:~reot ~jte plran~ Mr. Taub explained
that th:~ la~di~jOrd h~?o;~ pf:d~:l ~., wiJt/l. to!e. 'tenaf1ts .whi~~needsto'..l:le addressed.
The ,ten~nts;b:~y~a:t~~mR,teEi~o;rH~S-9nve t:tns 1,ssuew1ththe 'landlord, but hav~ not
been abllE! tQ40 s,o"T'her~e :~s ;hQstli 1.1 ty;between the' lqndlotd and the tenants.
The tenafnts.aneoppo:sed to'tth1'splan. '
In respainse.., to~s. Huckl e J~;q~es;-tiQn, ,Mr. Taub stated that the tenants are all
o(:cup:an~~ i9'tM ret~~il are~. Th~ire a~e two restauran!ts~ a dry cleaner, a
chiropr:aJ~to!!aJ1'(i:ahalr salQn. Ih:ecll:ents accepted the original site plan and
realized;, buildl)'tgs: W;o't!ld be iconstnuctedon the two pads. They were not opposed
becau'se ithete ~wbuld: be vi s i'lji 1 i ty.
Mike Haagaqdr~$sed:Mr. Brac;Hey's question with regard to how the parking would
be ca,lcu.lated '1-f the two fhdlvtcfual pads were developed. The total site would
have been ciilc4late.d lta 200. Mr. Miller pointed out that although the person
designing thesnte; punt in,addi,tional parking spaces .for the restaurants, a
varianc~ wa;s approv~d whlch)now,brtngs the parking below Code. Mr. Haag stated
the par~ing,jsnot below the Code if you consider the total square footage,
omitting. there:~taiuira:nts, aM i ncJudi ng the Bookstop. I f a restaurant i,s added
in the future; :the parking'requirementsw111 have to be satisfied at that time.
Chairman. Letln~rtz ,explained to Mr. Taub that the Board hasthe responsibility of
considering:, all o-f the citizens and businesses in Boynton Beach. The Board can-
not cons;ider t~e ec,onQmiChi!rdshtp some tenants mi,ght, experience ,when a project
meetstl1~ City ~Code:s. Chatirman Lehnertz; suggested educating employees so that
they will not ;park, 'inc,ustomer: parking a.reas' and thepossibi11ty of including
s;gna,ge.might ib;e ofa~ststa,n,ce to the tenants in the area. He feels the problem
1s a '1 andl ordll'essee si tuation.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
/' -"',
JULY 10, 1990
Mr. Ki;ldq,y responded the developer designed the building as
an office building and he tried for tw() years to lease it.
A portion of the:building has be~n leased and will remain
Office. Mr. Kilday said the Board would not see this coming
back. He informed Mr. Rosenstock the office space would
becqm,e ,6,600 squCire feet. The retail would gof'.rom 24,000
to 2$,.00"squarefeet.
~~I
Mr. Collins moved, seconded by Mrs. DeLong to approve the
request, subject ~o .s1;.<;l.ff comment.s , with the exception of
thoseqomme.nt:.s which will be deleted re;lative to restriping.
Motion .carried .6.....1. Vice Chairman Lehnert!z cast the
dissenting vote.
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PREAPPLICATION/MASTER PLAN/PRELIMINARY PLAT
2. Project NameJ
Agent:
Owner:
Location:
Legal
Description:
Description:
! r',
Target Shopping Center
Shalloway, Foy, Rayman & Newell ,,';-.:Lnc.
America,n Development Corp.
North Congress Avenue at N. W. 22nd
Avenue, southwest corner
A portion of land ~n the SEl of Sec.
18, Twp. 45 S., Rge. 43 E., and be ing
a part of the N! of the NEt of Sec. 19,
Twp. 45 S., Rge. 43 E., in Palm Beach
County, Florida
Reques.t for approval of the preapplica-
tion, master plan preliminary plat, and
construction drawings Which provide for
the construction of, infrastructure
improvements to serve a commercial
shopping cen:ter
As this was a project his office was handling, Mr. Aguila
submitted a Memorandum of Voting Conflict (attached to the
original copy of these minutes in the Office of the City
Clerk as "Addendum G") in case there would be any questions.
. "':'.,,,"""
Mr. Golden made the presentation. The ~RB recommended
approval, subject to staff comments atta;ched to the original
copy of these minutes in the Office of tihe City Clerk as
Addenda g through J inclusive, and subject also to the
following comments:
/~"",
Utilities Department
"We've completed our review of the above plat and discovered
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MINUTES -' PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
,(";-
JULY 10, 1990
several locations 'Wher~ fire lines or water meters were 10-
catedoutside, the utility ease~ents. We contacted Shalloway,
Foy, Rayman &: Newell, Inc., ;who said they had also discov~red
the discrepancies and that a revised plat was being prepared.
.-~...-~
I
I
I
We have, at this time, approved the developer's plans and
returned them for submittal to the Health Department.."
Vice Chairman Le:h,nert,z recall~d a statement that the,
orientation of this shopping center was not in keepittg with
the shopping center on the northeast corner. Mr. Golden
explained the issue was ,raised when the site plan waS
approved, but it was not acted on. Therefore, the issue is
dead.
, -",
I' ",
\
Mr. RiCl1te:i: moved to approve the request, subject to s~aff
comments. Motion carried 7-0.
c. SITE PLANS
SITE PLAN MODIFICATION
1. Project Name:
See "Addendum K" attached to the
original copy of these minutes ~n the
Office of the City Clerk
Request for approval of an amenqed site
plan to allow for the construction of a
day care center for 100 children
Ms. Heyden made the presentation. The TRB recommended
approval, subject to staff comments attached to the qriginal
copy of these minutes in the Office of the City Clerk as
Addenda L through N inClusive, and subject to the following
comments:
Agent:
Owner:
Location:
Legal
Description:
Description:
(('-"
t"
'",'q~;~~
Bethesda Memorial Hospital
Child Care Center
Bruce E. Mandigo,
Asst. Director of Engineering
Bethesda Memorial Hospital, Inc.
West side of South Seacrest Boulevard
south of Golf Road
Engineering Department
"In accordance with Chapter 5, Article X, 'Boynton Beach
Parking Lot Regulations', Section 5-142(k), 'Handicap
Requirements' and the Department of Community Affairs,
'Accessibility Requirements Manual', latest edition, provide
,r'''''',
..-.----. -"--'~------~'-""""",~~~=r:c'.::;';;~n~'.;::,l..~"",..,,.,.........
- 14 -
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---.. ......-......,.~'..r".~:. ~r.~."'..,~..."'..1O'o_".....~......,........j.:at''--...-
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JUNE 11, 1990
,,~.....,
CASE U46
Location:
Southwest corner of Congress Avenue and
N. W. 22nd Avenue
Legal
Description:
A portion of land in the Southeast quarter
of Sec. 18, Twp. 45 S., Rge. 43 East, and
being a part of the N~ of the NEt of Sec.
19, Twp. 45 S., Rge. 43 E., in Palm Beach
County, Florida
!' -,
Owner:
A-erican Development Corporation
Request:
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)
Secretary Eney read the application and the letter dated
May 7, 1990 from Jose Aguila, Associate, Currie Schneider
Associates AlA, P.A., Architects, Planners & Interior
Designers, 25 Seabreeze, D-lray Beach, FL 33483. (See
Addendum A attached to the original copy of these minutes in
the Office of the City Clerk.)
Alan Ciklin, Esq., Boose, Casey, Ciklin, Lubitz, Martens,
McBane & O'Connell, Northbridge Centre-Suite 1900, 515 North
Flagler Drive, West Palm Beach, FL, called attention to
Mr. Aguila, who was sitting in the audience. John Benditz,
Kimley Horn and Associates, Inc., Traffic Engineers, West
Palm Beach, FL, was also present.
I"""
Attorney Ciklin gave background information on the applica-
tion and reasons for the request for variance, as outlined
in Addendum A attached to the original copy of these minutes
in the Office of the City Clerk. He showed a drawing of the
shopping center and explained the right-of-way. Attorney
Ciklin stated Target was satisfied with the number of park-
ing spaces and believed they would be more than adequate.
,.r---;
If the applicant is unable to give the right-of-way to the
County, Attorney Ciklin said the County will condemn the
right-of-way, pay for it, and the results will be the same.
The difference will be that it will take longer for the City
and County to get the right-of-way, and it will take longer
for the intersection improvements to be constructed.
Attorney Ciklin believed it would be an unnecessary and undue
hardship on the applicant because the applicant is in limbo.
- 5 -
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/1'"
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JUNE 11, 1990
The applicant has a choice of building the shopping center
"as is" but when the County condemns the addi t ional 'property
it needs, it will force the County to tear out the landscap-
ing, paving and restriping of the parking lot after the
fact. It will cost considerably more than the right-of~way
is worth becaUse there will be damage to the site itself.
Attorney Ciklin stated the applicant could not tell the
County to take the right-of-way because there was no adminis-
trative way, except through a variance from the Board of
Adjustment for the 31 parking spaces. Mr. Aguila worked a
long time to make su:z;ethe 31 spaces were the minimum spaces
required. Attorney Ciklin emphasized it would be less than
4;% of the overall site, and it w~s in harmony with the intent
and purpose of the Code. By granting the variance, he said
the. City, County ~nd taxpayers would be saving between
$175,.000 .and $200~ 000 because they will be able to get the
right-of-way free.
Attorney Ciklin continued by saying they were in this posi-
tion because they had agreed it would be a good thing to do
to accommodate the City and County. The City Staff and
County Staff agreed. If the full complement of parking is
ever used, Attorney Ciklin stated it would be at Thanksgiving
and Christmas time. Most people that deal with these issues
feel it is not good to put in a lot of pavement just for
those two times of the year.
Mr. Uleck referred to the shopping center at the northeast
corner and recalled they had to put in a right-of-way for a
right-hand turn. He thought a right-hand turn would help
out. Attorney Ciklin agreed but he explained on Shoppes of
Boynton, it was part of their conditional approval that they
dedicate the right-of-ways when they formed the improvement.
It was not a condition of the applicant's approval after a
thorough review by the City Staff. The applicant already
has an approved site plan and could build it without these
improvements, if they were to dedicate this land to the
County and let them make the improvements they are looking
to make, but they would be 31 spaces short. Mr. Aguila
interjected that both the City and the County have requested
this.
Mr. Benditz emphasized that additional improvements were
required as part of this development. He drew attention to
the drawing and explained the improvements that were
required in order for the project to go forward and said all
of the improvements are able to take place within the exist-
ing right-of-way. The additional right-of-way is not
- 6 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JUNE'H, 1990
/.~"
"
necessary to accommodate the required improvements to the
development. Mr. Benditz called attention to a letter dated
May 13, 1990, written by Charles Walker, Jr., P.E., Director
- Traffic Division, Department of Engineering and Public
Works, Palm Beach County, recommending that the variance be
approved so the dedication can go forward. (See Addendum B
attac~ed to the original copy of these minutes in the Office
of the City Clerk.) The County is considering making interim
improvements over and above those required at this time.
;,'-,..
Mr. Aguila stated that one of the conditions of their
approval is to do improvements to the intersection of
Hypoluxo ~oad and Congress Avenue because of the impact of
this development. If they are able to get the variance and
dedicate this land to the County, improvements will then be
made at N. W. 22nd Avenue and CongresS Avenue. Instead of
spending the money they would have spent at Hypoluxo, they
will be spending it in the City. Mr. Aguila explained it
would be a tradeoff. He further explained they are widen-
ing the road to allow traffic to travel onN. W. 22nd Avenue
and Congress AVenue.
<<'1-'.......
I
Mr. Benditz infor~ed Mr. Miriana the required improvement
to this project is one additional lane on this particular
approach. The right-of-way dedication would allow for the
full expansion of that intersection, which would accommodate
double left turns on the approach and accommodate openly
three through la~es on N. W. 22nd Avenue and a right turn
lane. All of those improvements are necessary at this time,
but the right-of.-way dedication is to aocommodate those
ultimate needs as they come on board. It is not to accommo-
date any turn lanes into the site but is to accommodate
additional turn lanes and through lanes at the intersection
of N. W. 22nd Avenue and Congress Avenue.
~""""
Mr. Uleck asked who would pay for the right-of-way. Attorney
Ciklin answered the developer owns the right-of-way and is
going to give it to the County for the expansion of the
intersection without cost. That was why they were seeking
the variance. Attorney Ciklin explained. Discussion ensued
about who should pay for paving and who would benefit.
r---
If the Board denies the variance, Attorney,Ciklin said the
County will have to pay for condemnation of the right-of-
way. The County will also have to pay for the developer's
damages. The reason the applicant does not want to wait
and take the money is because of the disruption of the
- 7 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JUNE 11, 1990
/' -"
shopping center in relocating landscaping and parking.
Attorney Ciklin further explained.
;'"
Mrs. Solomon asked how many stores there will be. A~torney
Ciklin replied Target will be the major one. He stated it
will depend on how big th~ stores are. There could be from
10 to 14. Mr. Aguila informed Mrs. Solomon there will be
775 parking spaces. 806 parking spaces are required.
Secretary Eney read Mr. Walker's letter into the record
(Addendum B) .
Mrs. Solomon did not think there would be enough parking
spaces. She referred to egress and ingress for the parking.
Attorney Ciklin reminded her of the request. There were
further comments about parking from Mrs. Solomon and
Attorney Ciklin. Attorney Ciklin wished to have Mr.
Benditz speak again. Mr. Benditz commented and then added
if Kimley Horn felt there would be an operational problem on
the site, they would not be advising the developer to make
the dedication to the County. There are a lot of these
types of facilities in place. They would not be coming into
the site if they felt the number of spaces would be
inadequate for their use. He thought the spaces were
adequate.
In response to other questions by Mrs. Solomon, Mr. Aguila
told her to think of this as an extension of Catalina Centre.
If Tim Cannon, Interim Director of Planning, had not
encouraged the applicant to come before this Board Attorney
Ciklin stated they would not have come. The City Staff was
supportive of this.
,i
"
Mr.s. Solomom asked whether Mr. Newbold felt there would not
be congestion and overcrowding there. Mr. Newbold replied
that the applicant had Traffic Engineers. He thought the
Board should consider whether this was a necessity.
Mr. Newbold stated he had not heard from Mr. Cannon saying
he supported this. Attorney Ciklin replied that Mr. Cannon
was going to be at the meeting to speak.
,/~;""
,r.""",
Mr. Newbold asked if the stores the applicant now has
would require them to go for a modification to the site plan
and that some stipulations still had not been done.
Mr. Benditz thought that had been resolved. Attorney
Ciklin agreed and said that had nothing to do with this
variance. He explained the amendment to the site plan and
said he had minutes he could show to the Board.
- 8 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JUNE 11, 1990
("""
,/'.',
Discussion ensued about traffic, Target, and the taxpayers.
Mr. Uleck asked why the buildings could not be made smaller.
Attorney Ciklin replied they could do that, but the County
and City want the applicant to give $200,000 of free real
estate to them. If they shrink some of the buildings, they
will lose some of their rent.als as well. Attorney Ciklin
stated they agreed to give the property free of charge, but
they will not agree to redUce the square footage of the
shopping center because they have an approved site plan.
He called attention to the letter from Mr. Walker and told
Mr. Miriana 31 parking sPiices is the trade off. Attorney
Ciklin stated there was also a letter from Mr. Cannon.
(See Addendum C attaqhed to the original copy of these
minutes in the Office of the City Clerk.)
M~. Tompson thoUght the granting of the variance would save
the City money.
Secretary Eney asked if anyone wished to speak in favor of
or in opposition to the granting of the variance. There was
no response, and THE PUBLIC HEARING WAS CLOSED.
Mr. Miriana moved to grant the variance, as it is a
necessity. In response to Mr. Uleck's suggestion, Secretary
Eney said it was understood the granting of the variance to
mean the developer would dedicate 4/10th of an acre to the
County. Vice Chairman Newton seconded the motion. The
Recording Secretary took a roll call vote on the motion, as
follows:
/,C<"",,,
Ms. Tompson
Vice Chairman Newton
Mr. Uleck
Mrs. Solomon
Mr. Miriana
Secretary Eney
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 6-0.
ADJOURNMENT
The meeting properly adjourned at 8:20 P. M.
~~2a-.,~
Recording Secretary GI
(Two Tapes)
- 9 -
-~,. ---"',' ..~...~ .'--' .,---... ,..... "
r-
Currie .
Schneider
Associates
AlA, PA
Architect~. Planners
& Interior Designers
25 Seabreeze
Delray Beach. fl
33483
Hay 7, 1990
407/276-4951. 737-2279
305/429,1566
CITY OF BOYNTON BEACH
Board of Adjustments
100 East Boynton Beach Boulevard
Boynton Beach, Florida
33435
Re: TARGBT SHOPPING CENTER - 89552
S.W. CORNER OF CONGRESS AVENUE & N.W. 22ND AVENUE
Nembers of the Board,
By means of tbis llpplicatio11, we respectfully request your consideration in
gralltillg us a variance 011 tlle nl1lJlber of parking spaces required by code.
First, a little backgrouud information. Earlier this year, we suwuitted
applications to tlle City ot BOYlltOll Becu:ll request,ing the following: II/odification
to all existing PUD, rezulling aud site platl approval. All of above applications
lVere grauted by the City Cvuullission Oil Febnwcy 20, 1990.
Since that lIIeeting, we lJal'e /IIet with the County Traffic Engineer at his request
tv discuss the poss.ibility at our granUng additiollal dgllt-of-way all N.W. 22nd
Ave/JUt' alld Congress .4vellue. If u'e wen: tv provide UJis additional right-of-way,
we would thell il/JVe d shortage of 31 park illg spaces.
We would like tv accoouuodate the County in their effort, however, it is not in
our power to be 31 spaces slwrt and therefore, we are before this EoanJ. During
yuur evaluatiun, please cunsider the folluwing;
A. Americall Develop,ue11t is an approved development. Impro\'ements at the
illtersectioll of CUllgress Avellue and N.W. 2211J Avenue are included in the
approvI11 conditions, but do lwt require additional right-ot-way dedication
to implemeut.
B. Palm Beach County has requested that the developlllent dedicate right-of-
way, in exce~s of wllat i~ requesttJd ill tile approval coudi tions. Dedication
oi' the additional rigId-of-way will result in loss ot parking spaces,
compared Lo the parkillg code requirelllelltso A total ot" 31 parking spaces
wi II resul t trom ti,e rigllt-of-way dedicatioll, which is above that needed
to meet the developI/Jellt conditiulls.
C. Thirt.y ulle (31) p4rkillg sJXlces cousUtute less than four (4) percent of
tIw loLal piwkiug awl wi 11 lloi JUIYe <wy I/Ieaniugl'ul negative effect OIl the
oplJratiuw; of the site, nor on olher properties.
V. 'I11t:: ruquested ,Je,liCtltioll ,uf rljJ1Jt-of-wdY will positivuly affuct the
,lllt.n'.li~f;..tlU11 ()1i<'11'<It.,lwl 4t' Cmltft^e$1I AVolnUtt dud N.W. 2211d ..h'ttlWtf, dllll will
tmh<wcu tlle trattlc fIvw ai Llw illtCl'St:ctioll for illt: benefit ot all c'oad
users.
Page 1 of ADDENDUM A
r AX: 4071,2"j~1J1U4
/'
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'('"",
,r"'-,
CITY OF BOYNTON JlEACll
Hay 7, 1990
Page Two
Plea.';/' feel free to contact this office if YOIl should require any additional
information.
Sincerely,
~ A3S0CIATE3 AlA. PA
LJ~gu~la
Associate
JA/apr
cc: American Development
Page 2 of ADDENDUM A
board 0f County Commissiol
Carol J. Elmquist. Chairman
'Karen To Marcus, Vicc Chair
Carol Ao Roherts
Ron Howard
(~'-.~arole Phillips
.'
County Administrator
Ian Winl"..
May 13, 1990
()l'partlncnt of I~nginccrihg
and l'u"lie Work.
Mr. Ti 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
r---"
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 centerlfne at Congress Avenue,
consistent with Palm Beach County's standard drawings for expanded intersections.
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 tight-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 gtant the requested
variance.
,~
\ Your is assistance is appreciated.
Sincerely,
."""
OFFICE OF THE COUNTY ENGINEER
~alL
U..iEeJ]rvTED
~"",
Charles R. Walker, Jr., P.E,
Director - Traffic Division
CRW:te
cc: John Benditz, Kimley Horn and Associates, Inc.
file: Intersections - N.W. 22nd AVe. & Congress Ave.
Municipality - City of Boynton Beach
.'tl lQ _
PLANNING DEPf!
1.- .
",,0
@ /Nin"d on ,.cycled P6Pc,
"An E'Iual Opportunity - Affirmative Aetion Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402":2429 (407) 684-4000
ADDEND}J1:18:'__.,..__ ,~___-~:~
tMJU-
~
~.~
CITY of
BOYN.TONBEACH
,<1""
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~@
100 E.Bornlon Beach Blvd.
P.O. Bo.310
Boynlon Beeeh.'I..,ldo33435.0310
-14071734.8111
OFFICE OF THE PLANNING DIRECTOR
February 23, 1990
i'
currie Schneider Associates
Attn: Mr. Jose Aguila
2S Seabreeze Avenue
Delray Beach, Fl 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
intersectioh improvements at N.W. 22nd Avenue and Congress
Avenue which cannot be acconunodated 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.
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.
with the
plans to
of final
Building
JJG:frb
Encs
Very truly yours,
CITY OF BOYNTON BEACH ,,_-~
~ ~ ~ ~7~-<~'
-\." .' f/' I "- '\.0'-,,\
TIMOTHY P. CANNON ~~ d~r" j!!....';:. .;. .
Interim Planning Directt)itYL IlU I
MAR 0 5 1990 ..
cc: Technical Review ,Board
" ~~ ~~!.l~:"~ ~..
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ADDENDUH C
. .
, .
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
BIDS
None.
PUBLIC HEARING
Commissioner Wische asked if the site plan of Target
Shopping Center could be moved up, so they could be heard
together.
A. project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Pevelopment Plans
B. Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Target Shopping Center
Jose Aguila - Currie-Schneider
Associates
American Development Corporation
North Congress Avenue at N. W. 22nd
Avenue, S. W. corner
See "Addendum C" attached to the
original copy of these minutes in the
Office of the City Clerk
REZONING: Request for rezoning from
PUD to C-3 (Community Commercial) to
allow for the development of a 140,000
square foot shopping center
Target Shopping Center
Jose Aguila - Currie-Schneider
Associates
American Development Corporation
North Congress Avenue at N. W. 22nd
Avenue, S. W. corner
See "Addendum B" attached to the
original copy of these minutes in the
Office of the City Clerk
SITE PLAN: Request for site plan
approval to allow for the construction
of a 140,000 square foot shopping
center, including a junior department
store and three out parcels on 13.179
acres
Jim Golden, Senior Planner, informed the Commission the
P&Z Board recommended approval of the rezoning request. A
staff analysis was not required for the rezoning, and he
explained. Mr. Golden stated that all of the comments
10
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
~ttached to the approval were attached to the site plan.
The P&Z Board and the Technical Review Board recommended
approval of the site plan, subject to staff comments. At
the P&Z Board meeting, the developer expressed a desire to
speak to the Commission about some of the staff comments,
specifically with respect to roadway improv~ments.
~ommissioner Wische wondered if there was a disagreement
~etween Target and the City staff relative to traffic.
Mr. Golden answered affirmatively and explained.
~lan Ciklin, Attorne at Law, Boose, Case , Ciklin, Lubitz,
artens, McBane & O'Connell, 515 North Flagler Drive, West
~alm Beach, FL, thought they resolved all of their issues.
He thought they were very close to resolving one issue they
,ere unable to resolve. That was the City's required level
of service (LOS) on Congress Avenue. The reason it was
~ifficult for them was the City's Comprehensive Plan
.requires a peak hour LOS liD", which they meet. It also
.requires LOS "C" on an annual average basis. At peak hour,
1j:hey need LOS "C", which is the busiest time of day. They
think they meet that requirement as well, but their Traffic
Engineer and the City's Traffic Engineer have not been able
io iron that out.
~r. Ciklin pointed out that the implementing Ordinance for
traffic performance and all that has not been adopted, so he
thought the City Commission had the flexibility, based on
~hat their traffic report said, to approve the project
~onight. There was assured construction from Boynton Beach
~oulevard to Miner Road. It will be bonded in the next
qouple of weeks, and they agreed their approval would be
~ontingent upon the surety for that construction being
~osted. Vice Mayor Olenik asked who would construct. Mr.
Ciklin replied it would be a third party developer, whose
~ame they do not know, but they were told the road plans
were approved and the bond will be posted by the developer
~ithin the next couple of weeks. If it is not posted, they
~ere agreeing they cannot move ahead until it is. Vice
Mayor Olenik felt part of Sears' concern was they would have
~o do all of the road construction on Congress Avenue.
~he applicant's Traffic Engineer informed Mr. Ciklin the
~oynton West development on the north side of Boynton Beach
~oulevard, west of Military Trail, is required to complete
qonstruction plans for the six laning of Congress AVenue
~rom Boynton Beach Boulevard to Miner Road by April 4, 1990.
~hey are required to post the surety for that construction
11
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D
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
as well. If Mr. Ciklin could assure the City that Boynton
West would take care of the problem he seemed to be having
from the City Staff, Commissioner Wische saw no reason not
to approve this. Mr. Ciklin agreed to that as a condition.
He clarified that when the bond is posted, it becomes
assured.
Walter H. Keller Jr., PE, AICP, 10211 West Sample Road,
Suite 204, Coral Springs, FL 33075-9740, stated the City
tetained him to review the traffic statement submitted by
this applicant. The applicant wanted to have meetings,
which were outside his scope of services. Mayor Moore did
not want it to happen again where the City is charged for
~onsultant fees by the City Staff without the Commission or
the City Manager knowing about it. Mr. Cannon, Acting
Director of Planning, explained that money was appropriated
~or the Planning Department at budget time to hire Traffic
90nsultants to review traffic impact statements. If there
is to be any double checking of submissions by developers to
check on their traffic impacts or anything else, Mayor Moore
thought the developer should pay it. If that comes up at
~udget again, Mayor Moore said there will be a stipulation
ihat those funds will not be expended unless they are
~pproved by the City Manager's Office. If something within
teason needs to be double checked, it should be an addi-
~ional development cost. Mr. Cannon said an item proposing
~hat would appear later on this agenda.
Vice Mayor Olenik asked whether that was the only staff
~omment the applicant had a problem with. Mr. Ciklin
answered affirmatively and added that they were in agreement
Jith everything else.
Vincent Finizio, Acting Assistant to the City Engineer,
~larified that no bonds have been posted for the construc-
~ion of Congress Avenue from 22nd Avenue to Miner Road.
~ayor Moore responded that was a stipulation that would have
~o be taken care of.
ioger Saberson, Attorney for Boynton Nurseries,
~740 Cranbrook Drive, Boynton Beach, was not appearing
~efore the Commission to object to Target. He was before
4he Commission in December of 1988 for a parcel they are
~ntending to bring in, which is on Lawrence Road. When they
do the traffic analysis for the Palm Beach County Traffic
Performance Standards Ordinance and the City's Comprehensive
~lan, Mr. Saberson said they look out five miles. He said
~f they do that on their project, they will have some
~raffic that will go on Congress Avenue.
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MINUTES - REGULAR CITY COMMISSION MEETING
~- BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
When the Commission approves a project like this,
Mr. Saberson asked that they keep in mind that whatever they
do for one project, they should do for another one, so the
burdens and benefits will be shared equally. He noted
Mr. Ciklin had stipulated the project would not go forward
until a bond is posted for the six laning of Congress
~venue between Miner Road and Boynton Beach Boulevard. That
would seem to handle that particular link.
Enrico Rossi, Rossi and Malavassi Engineers, Inc.,
?80 Village Boulevard, West Palm Beach, FL, Engineer for
Shoppes of Boynton, said in that instance, a traffic signal
was generated. The recommendation from the County
Engineer's Office was that it be six laned from N. W. 22nd
AvenUe to Miner Road, and the applicant accepted those
recommendations. Mr. Rossi questioned what the recommen-
dation from the County was concerning that sector of
Congress Avenue between Miner Road and Hypoluxo Road. If he
was not mistaken, the County recommended that should be
constructed to six lanes, based on the traffic statement
that was submitted. There was a difference of opinion as to
bow those numbers were arrived at, and Mr. Rossi thought
that should receive consideration in this project. He felt
somebody should consider the County's recommendations.
Commissioner Weiner wondered whether the County's traffic
performance standards had been set, and she questioned
whether the City would be opening itself up to litigation by
~nother developer. It seemed to Mr. Cannon that two issues
were still outstanding. (1) was the six laning of the link
~etween Miner Road and Hypoluxo Road, which the City's
traffic Consultant concluded had to be done by this developer.
(2) was the issue of what constitutes assured construction.
~he application was submitted prior to February 1st, and the
dounty wide Traffic Performance Standard Ordinance was not
~trictly in effect. However, the Zoning Code states when
property is rezoned, they have to meet the County wide
~raffic Performance Standard Ordinance. When the plan was
adopted on November 7th, the levels of service that were
~llowed were lower on some weeks, but all of the rules
~oncerning what is assured construction were in effect in
the County.
Commissioner Weiner asked if there will be a problem with
~he Shoppes of Boynton. Mr. Rossi answered that there
~ould be no problem because they accepted the conditions
~hat were imposed to put a six lane road in, and they will
tiuild it, based on the recommendations of the County and
13
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
what came out in the traffic study. He wanted this project
to be treated the same way. If the recommendation from the
County is that it should be six lanes, it should be six
lanes, so no one coming along has to be faced with that
~ame problem.
Vice Mayor Olenik observed Mr. Ciklin did not have a problem
with the six lanes from Miner Road to Hypoluxo Road. He
9nly talked about Miner Road to Boynton Beach Boulevard.
Vntil Mr. Rossi spoke about Miner Road to Hypoluxo Road,
Vice Mayor Olenik noticed nobody ever mentioned that
~egment. Mr. Ciklin responded that was part of the staff
comment. The staff comment was sixlaning of Congress
~venue from Boynton Beach'Boulevard to Hypoluxo Road. Their
~raffic report indicates they do not generate enough traffic
on the portion of Miner Road to Hypoluxo Road to have to
,ait for the six laning of that, only if they have to wait
for the six laning from Boynton Beach Boulevard to Miner
Road to be assured.
~r. Ciklin said the difference between Mr. Rossi's project
~nd this project is that the City, in past history, was
telying heavily on the County's analysis under the County's
traffic Performance Standard of City projects. That was a
+aw in the unincorporated area that did not apply to the
tity, and it still does not apply in the City. What they
Were dealing with now was the City's laws, as they exist,
Which is the Comprehensive Plan and some limited provisions
in the Zoning Code, which Mr. Ciklin believed the applicant
tomplied with and which would require them on Congress
+venue to have assured bonded construction from Boynton
'each Boulevard to Miner Road. They are willing to wait for
~he bonding of that construction.
<tharles Walker, Palm Beach County Traffic Engineer, just
~ntered the meeting. He stated this project would have a
,ubstantial impact on the Congress Avenue segment from
'iner Road to Hypoluxo Road. That segment was projected in
the traffic report turned in by the developer. Mr. Walker
~nderstood the City had a different traffic standard than
~hat the County has. Mr. Cannon advised the City's standard
~s the same on that segment. If that was the case,
~r. Walker requested that any approval of this project by
~he Commission be on the same condition the County has,
~hich would be to require that six lanes be in place on
~ongress Avenue from Miner Road up to Hypoluxo Road. That
~egment should be put beyond LOS "C" into LOS "B". Mr.
Walker said even the Consultant's recommendation concerning
!
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
the intersection's geometries of Hypoluxo Road and Congress
Avenue indicate that geometries would have to be done with
the intersection to work it to LOS liB'.. It is right on the
border line of "D" and "E", so there are problems as far as
traffic in this segment as far as the six lane requirement
on Congress Avenue.
Mr. Walker pointed out that the County just adopted a County
wide Traffic Performance Standard that does not apply in
the cities. After explaining the Standard, he said their
bomputer projections indicate the six lane capacity on the
link between Boynton Beach Boulevard and 22nd Avenue has
already been given away. In other words, existing approval
plus what is out there now could serve the entire six lane
~apacity of that segment of Congress Avenue, so future
approvals that will impact that segment of roadway will have
difficulty meeting the new Traffic Performance Standard.
Discussion ensued about the implementation of the Traffic
~erformance Standards and coastal cities. After explaining
what they have tried to do as far as traffic, Mr. Walker
~larified that a step down would only be one LOS, if
90ngress Avenue was exempted from the proposed Traffic
Performance Standard Ordinance. If the Commission decided
to approve the project, he requested that a dedication of
tight-of-way be required when the intersection is expanded
at Congress Avenue and 22nd Avenue. One recommendation in
the traffic report was that dual left turn lanes and right
turn lanes be constructed, which cannot be done in the
~xisting right-of-way. Mayor Moore asked whether staff had
~ddressed that issue. Mr. Finizio replied that staff had
addressed the right turn lane.
mr. Ciklin had not heard that before, and he was agreeing
to what he heard before. That dedication was new to him.
~ne problem he was having was that the County wide Traffic
I
Performance Standard is not in effect. The County's interim
~ounty wide Traffic Performance Standard does not apply to
~his project, and Mr. Ciklin was trying to deal with what
the City's Comprehensive Plan said. He believed they
complied. Mr. Ciklin thought Mr. Rossi and Mr. Walker
~anted them to comply with the County's Traffic Performance
$tandard, and he did not think that was the standard they
~hould be looking at.
~ayor Moore recalled the plan was approved when they were
4iscussing the Comprehensive Plan. He felt uncomfortable
when he heard people telling him the City should force
~eople to comply with things that are not in place.
15
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
Mr. Saberson thought it was a fine project, but there was a
guestion of how the responsibility for traffic improvements
would be shared and how it would impact other projects.
~e had asked what rules are now in effect in Boynton Beach
~nd was told the City adopted an Ordinance so the City, by
~eference, can adopt the County's Traffic Performance
Standards. If that was so, this should be analyzed on terms
pf the Traffic Performance Standards that apply by the City's
brdinance. If it is not in the 'City's Zoning Ordinance, Mr.
~aberson wondered what the Standard was in the City's
~omprehensive Plan.
~r. Saberson said the report done by the City's Traffic
tonsultant indicated the link between Hypoluxo Road and
f. W. 22nd Avenue will be operating at LOS "F". He was
fonfused, and he qu~stioned whether this project would
pomply. Mr. Saberson wanted Boynton Nurseries to be treated
fairlY when they come before the Commission~
~r. Cannon informed Mr. Saberson the levels of service which
~ere in effect until February 1st were those which are in
fhe Comprehensive Plan. That LOS on that particular segment
of Congress Avenue is "C". Those levels of service were
trrived at by the City's Traffic Consultant entirely and
ndependently from any State or County requirements. They
ere the levels of service the Consultant felt were
tealistic through the year 1992, based on available right-
c!>f-way and projected growth. The City found LOS "c" to be
tealistic, independent of State and County requirements.
that law was in effect when this application was submitted.
,
Mayor Moore inquired whether the applicant or someone else
fas right. At this point, Mr. Cannon thought there was dis-
agreement on a very technical level as to whether LOS "c"
~ould be exceeded. Mayor Moore did not want any decisions
to be made by Consultants. The Consultants are to advise
~ity Manager Miller, and City Manager Miller will advise the
~ommission, or the Commission can be told the Consultant
tade a decision that affects the property rights of people.
~ommissioner Weiner asked whether Walter Keller, the City's
fraffic Consultant, had all of the information. When they
tid the link for the City (22nd Avenue to Hypoluxo Road),
. Keller said they found the applicant was not meeting the
'OS, so he requested additional capacity information to
Substantiate that the applicant did not need to do that
16
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
improvement in order to get approved. The applicant sub-
mitted information this afternoon, but Mr. Keller was not
prepared at'this time to recommend that it met the City's
requirements. Another link in question which was not
discussed was Boynton Beach Boulevard, west of 1-95. Those
Were the.two links in his study that he found were not
complying with the City's requirements. Mr. Keller said the
~pplicant had satisfactorily provided additional information
on the other issues he had raised.
After discussion, Vice Mayor Olenik questioned which
developer would be the one that would get stuck with the
~urden of six laning Congress Avenue. The question on the
table tonight was whether or not this development would push
that up from LOS "c" to LOS "0". It had nothing to do with
whose Ordinance was in effect because the City's Ordinance,
~dopted independent of the County's Traffic Performance
$tandard, state.s that portion of the road is to be LOS "C".
Discussion ensued between Mayor Moore and Vice Mayor Olenik
tegarding the LOS. Vice Mayor Olenik asked Mr. Ciklin if he
~greed the City had adopted LOS "C". Mr. Ciklin answered
affirmatively and commented that the City has a Comprehensive
1?lan provision that requires LOS "n", peak 'hour, peak
~eason, and LOS "C", peak hour and average annually. After
~urther commenting, he asked the applicant's Traffic
~onsultant to speak.
i
*teve Godfrey, Vice president, Kimley Horn & Associates,
~nc., 4431 Embarcadero Drive, West Palm Beach, FL, said
~hey recognized in their traffic impact report that the
qperating cond.i tion in the peak hour in the peak season is
Ij.OS "D", which is consistent with the City's Comprehensive
~lan. It is not consistent with Palm Beach County.
~hrough supplemental information provided this afternoon,
~r. Godfrey said they identified that adjusting the
~raffic from peak season to average conditions gives them
OS "C" at these intersections. If the peak hour works at
os "C", he said they have to conclude that the roadway
;roughout the rest of the day will also operate, at LOS nC".
. Godfrey acknowledged that the volume on the road is
igher than what the County recognizes as the maximum
volume for LOS "c" conditions. However, looking at the
lartiCUlar characteristics of the way the interse.ctions
ere operate and the way the traffic flow will operate at
uild out of this project, he believed LOS "c" average
onditions will be met and LOS "n" peak hour conditions
,uring peak season will occur. Mr. Godfrey added that the
17
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MINUTES - REGULAR CITY COMMISSION MEETING
.~ BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
road that is projected on this link of roadway is approxi-
mately 9,000 trips per day. The impact of this project is
approximately 900 trips per day.
Commissioner Weiner thought Mr. Rossi and Mr. Saberson
were worried about the impact this development will have on
traffic. They feel their projects should be treated fairly.
Mr. Rossi replied there was no question about it. If some-
body does not pick up this link, "the next guy on board is
going to pick it up." Mayor Moore understood Mr. Rossi's
position, but he thought he was in the wrong ballpark. It
works with the rules and regulations that are in effect at
the time the applicant comes forth. Mr. Rossi thought
there were guidelines which people could follow that are
equitable to everybody.
Addressing Mr. Godfrey's comments, Mr. Walker stated the
$tandard is LOS "c" for average daily traffic and LOS "0"
#or daily peak season year-round, peak hour conditions.
the traffic report indicates LOS "0" with average annual
Gonditions on the segment they were speaking of between
22nd Avenue and Hypoluxo Road. Also, if the detailed traf-
~ic analysis for the intersection of Hypoluxo Road and
~ongress Avenue with the existing geometries of. LOS "E"
included dual turn lanes, which were recommended in the
~tudy, it would bring the intersection to LOS 110" with that
qonstruction. Mr. Walker said the part of the Standards
~hat addresses LOS "c" average annual was not met in the
~raffic study submitted by the developer's Engineer.
~s there was no other input from the public, THE PUBLIC
aEARING WAS CLOSED.
~ice Mayor Olenik questioned whether Boynton Beach Boule-
~ard from 1-95 west to Congress Avenue was included in the
qne comment Mr. Ciklin did not agree with. Mr. Godfrey
answered that the section in question was Boynton Beach
~ulevard between Old Boynton Road and 1-95. There is a
~hort section of four lane roadway, where the rest of Boynton
aeach Boulevard has six lanes. Mr. Godfrey stated that
~dditional information was submitted, based on data provided
~y Palm Beach County, which shows the peaking characteristics
qf that road allow it to handle a lot more traffic than you
qormally would expect. As a result, it will operate at
~OS "0", not "C", which is consistent with the Comprehensive
p:lan.
~ice Mayor Olenik thought they agreed previously that by
riestriping that segment, they could get six lanes.
18
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
Mr. Godfrey replied that the County recently completed a
project at Old Boynton Road. Six laning goes through the
intersection. There will also be some relief on that sec-
tion by the extension of Woolbright Road. Even without
that, because of the unique peaking characteristic there,
Mr. Godfrey did not see a problem.
~r. Cannon informed Mayor Moore there was a question of
~hether the applicant would be required to six lane
~ongress Avenue between Miner Road and Hypoluxo Road. Mayor
Moore asked whether Boynton Beach Boulevard was an issue.
~ccording to Mr. Walker, Mr. Cannon said that would be a
non-issue.
~ayor Moore asked whether the right-of-way or anything addi-
tional at the intersection or the turns had been discussed,
I
and he wondered if it was a problem. He alluded to
~r. Ciklin's claim that it never came up before tonight.
~r. Cannon answered that the applicant would have to provide
tight-of-ways for whatever turn lanes are recommended in
their traffic report. Mr. Ciklin responded that prior to
~onstruction, they will dedicate the right-of-ways, free of
~harge, to any turn lanes that should be accommodated on
t.his.property.
: Motion re Site Plan
~ommissioner Wische moved that the applicant comply with
~he City's Comprehensive Plan and that this project be
~pproved, subject to all of the statements Mr. Ciklin said
ljle will comply with "to make this go".
~r~ Cannon wanted some indication as to whether the
~ommission was agreeing or not agreeing that Congress Avenue
~as to be six laned. Commissioner Wische stated his motion
did not include the six laning of Congress Avenue. Vice
mayor Olenik felt they should first have a motion on the
tezoning before making a motion on the site plan.
,ayor Moore decided to leave Commissioner Wische's motion
9n the table.
: Motion re Request for Rezoning
I
~ommissioner Weiner moved to approve the request, seconded
~y Commissioner Wische. Motion carried 5-0.
19
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 20, 1990
Mayor'Moore asked City Manager Miller to see that an
Ordinance is prepared.
Motion re Site Plan (Continued)
~ayor Moore thought the motion was that the applicant not
~e required to six lane from Miner Road to Hypoluxo Road
~ut they should comply with the right-of~way request on the
S. W. corner and anything else set forth in the Comprehensive
Plan. Mr. Cannon asked whether the motion included all
9ther staff comments concerning the site plan. Mr. Ciklin
~nswered affirmatively, and Commissioner Wische agreed that
Was included in his motion. The motion was seconded by
Commissioner Artis and carrried 5-0.
PUBLIC HEARINGS
~. project Name: Boynton Nurseries
CONTINUED TO MARCH 20, 1990
Agent: Delfin F.' Menendez & Roger G. Saberson
Owner: Boynton Nurseries
Location: Lawrence Road at the L.W.D.Q. L-2l
Canal, NW corner
Description: REZONING: Request for rezoning from AG
(Agriculture) to a Planned Unit
Development with a Land Use Intensity =
4 (PUD W/LUI=4)
c. Project Name: Waste Management South
.CONTINUED TO MARCH 20, 1990
Agent: Pruitt & Pruitt, P.A. - Dual County
Surveyors
Owner: Boynton industrial Venture
Location: East side of High Ridge Road, between
Industrial Way and Miner Road extended
Description: ABANDONMENT: Request for the abandonment
of a portion of Commerce Park Drive
I
I
ID. Project Name: Waste Management South
i
i CONTINUED TO MARCH 20, 1990
I
i Agent: Pruitt & Pruitt, P.A. - Dual County
Surveyors
Owner: Boynton Industrial Venture
Location: East side of High Ridge Road, between
Industrial Way and Miner Road extended
Description: ABANDONMENT: Request for the abandonment
of a 12 foot by 20 foot drainage
easement
20
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