TARGET VARIANCE
Currie .
Schneider
Associates
AIA,PA
Architects. Planners
& Interior Designers
25 Seabreeze
Delray Beach. Fl
33483
Nay 7, 1990
407/276-4951.737-2279
305/429- 1566
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CITY OF BOYNTON BEACH
Board of Adjustlllellts
100 East BOYlltOll Beach Boulevard
Boynton Beach, Florida
33435
Re: TARGET SHOPPING CENTER - 89552
S. W. CORNER OF CONGRESS AVENUE If N. W. 22ND AVENUE
Members of the Board,
By DleallS of this appJicatioll, we respectfully request yow- consideratioll in
grdllting us a variance on tile number of parki.ng spaces required by code.
First, a little background information. Earlier this year, we subJuitted
applications to tlw City of BOYJJton Bedell requesting the following: modification
tu all existing PUD, rezuning and site plall approval. All of above a.pplications
were granted by the City CU/JufJission all February 20, 1990.
Since that meeting, we bave met witb the County Traffic Engineer at his request
to discuss the poss.i bi lity at our granting additional rigllt.,.of-way all N. W. 22nd
Avenue c.l1ld COJJgl~ess Aveuue. If we wen: to provide this additional riglJt-of-way,
we would theIl l1ave d sfJOctage of 31 parking spaces.
We would like to accouuuodate 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
YOllr t::valuatiulJ, please cunsider the following;
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A.
American DeFelopJfiellt is an approved de Fe 1 opment . Improvemellts at the
.iutersection of CQngre::;s Aveuue and N.W. 22nd Avelmeare illcluded in the
approval conditions, but do not require additional right-ot-waY dedication
to implemellt.
B. Palm Beach County bas requested that the development dedicate right-ot-
way, ill exce::;s ot what is requested in tiw approval cOIJditions. Dedication
of tile addi LiOllal rigid-of-way will result in loss of parking spaces,
cOillJmred to tile parking code reCjuir-ellleIlts. A tota I of 31 parking spaces
wi 11 resuJt fr01ll tlie rigld-ot-way dedicatiolJ, wlJicJJ is above that needed
to 1f1eet the de~'e IOplJlelJt condi ti (ms.
C. 11J.irty oue (31) parking spdces constItute less than four (4) percent of
L/w (oldl jJdf'k illg uJJ(l will JJOt. iU.lVQ lJl1Y lIIeaniug[ul negative f..ffect O.lJ the
operd"f;ious ut tilt-) site, JlO1' on oUwr properties.
D. nie requested decJiccltiolJ ot riBJ1l'-of-way will positively affect tlle
111t~.I'J.'~etl011 UptJi'lJUtJ!J at' t.,."'t,)lJtfl'B:;I;J AWUlUtI cmd N.It. 2211d A~ltlJJU6, and will
ell1uwce the tl"'<il'tic flow at. tlw ilJtersect'iOlJ fox' tile benefit ot all road
users.
Page 1 of ADDENDUM A
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CITY OF BOYNTON BEACH
Hay 7, 1990
Page Two
Please feel free to contact tbis office it you should requ.ire any additional
information.
Sincerely,
C IE SCHNEIDER ASSOCIATES AIA~ PA
JAlapr
cc: American Development
Page 2 of ADDENDUM A
board of County Commissiol
Carol J, Elmquist. Chairman
'Karen T. Marcus. Vice Chair
Carol A. Roberts
I~on Howard
r"'''-':arole Phillips
County Administrator
Jail' Winf(~rs
May 13, 1990
Department of Engineering
and Puhlic Works
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Mr, Tim Cannon
, Acting Planning Director
City of Boynton Beach
211 S. Federal Highway
Post Office box 310
Boynton Beach,FL ~3425-0310
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RE: ,
RIGHT-Of-WAY DEDICATION FROM AMERICAN DEVELOPMENT
LOCATED ON S.W. CORNER OF N.W. 22ND AVENUE &. CONGRESS AVENUE
Dear Mr. Cannon:
As you know, the City recently approved the subject commercial development. It
is requested that right-of-way, consi stent with Palm Beach County's Thoroughfare
Plan, be dedicated by this development to accommodate an expanded intersection
at this developm~nt. This dedication would require 71.5 feet from the centerline
of N.W. 22nd' Avenue and 64 feet from the centerline 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
CHy grants a ~a:riance 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
a Hows for two 1 efts, three thrus and a ri ght turn 1 ane on each approach. Unless
this right~of-way is dedicated, the future cost of obtaining this right-of-way
may be prohibitiveJand 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
~a1L-,
Charles R. Walker, Jr., P.E.
Director - Traffic Division
lliECl1rv~ED
CRW:te
cc: John Bendltz, Kimley Horn and Associates, Inc.
file: Intersections - N.W. 22nd Ave. & Congress Ave.
Municipality - City of Boynton Beach
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PLANNING DEPT~
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.. An Equal Opportunity - Affirmative Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402-'2429 (407) 684-4000
AnnPNnTTM l::l
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CITY of
BO'Y.NTONBEACH
100 E. Boynlon Such Slvd.
P. O. Box 310
Boynlon B~.eh.'lo,Id.3343!5.0310
-1407)734.8111
OFFICE OF THE PLMNING DIRECTOR
February 23, 1990
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 bet\oleen Miner Road and Hypoluxo Road, and those
intersectioh improvements at N.W. 22nd Avenue and Congress
Avenue which cannot be accommodated wi thin 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
Very truly yours,
JJG:frb
Encs
CITYQF BOYNTON BEACH ~_-~
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TIMOTHYP. CANNON ~~ /J~!';. l!!'~.. ,;, ,
Interim Planning Direct\SirllL llU I
MAR 0 5 1990. '
cc: Technical Review.Board
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ADDENDUM C
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CITY of
BOYNTON BEACH
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ViitI'
100 E, Boynton Beach Blvd.
P. O. BOI( 310
Boynton Beach. florida 33435.0310
"-1401J 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
Conunission approved the referenced site plan, subject to staff
conunents, 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 conunents 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 ci ty 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 /' --as--
~ Ad # (\,YJ-TIll.~
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TIMOTHY P. CANNON r:} ,);..' ~'I~';;'~l -~:, ~~ .
Interim Planning Direct~~I;[U \
MAR 0 5 1990 ..
JJG:frb
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cc: Technical Review Board
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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).
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A portion of 'and in the Sou~h.a$t Quarter of Section 18.
Town,hip 46 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 County, Florida and being more
particularly described is follows:
Commencing at the East 1/4 cornlr of Section 18. thence South
a9.05'09" Wlst. 50.05 fl.t. along part of the North line of the
SoutheAst 1/4 of Slction 18, to A point on thl West Right-of.Way
1ine of Congress AVlnue a, described in Official Rlcords Book
1290 at Plge 519. thence South 8900610gd West. 1301.41 feet along
part of the Harth l1nl of the Southeast 1/4 of Section 18, to the
East line of a tract as described in a deed from N.R. Field to
sunny South Estates, Inc., recorded in Offic1a' Records Book 3206
At Page 1070, thence. South 01"4412111 West. 1370.28 feet. along
part of said E..st line to tha South R1;ht..of-Wa,V of Northwest
22nd AvenuI. IS dlscribed in Off1c1a' Records Book 1785 at Page
1569. thence North 88-69166u E15t. 300.43 feet along said South
Right-of-Way line to the Point of Beginning. thence continuing
North 88.59156" East. 991.00 feet "ong said South Right-of-way
l1n. to the West line of the 120 foot Congress Avenu.
Right-of-Way, .s par Official Records Book 3560 it Pages 1115
throuyh 1120. thine- along Slid WI,t R1gl\t-of-Way line South
01144 21M ~est. 642.00 f..t, thene. South 46044121" West. 35.35
flit, th.nee North 88.15'3~u West, lV9.34 feet, to .. point of
curve to the r1ght having a radius of 600.00 feet. thence along
said curve to the right, an arc distance of 75.05 feet. Slid Irc
having I delta angle of 07'10102". thence South 08054122" West.
66.21 fe.t, thene. North 88016'3ill West. 254.01 feet, thence
North 01.44121d West. 60.00 feet. thence Harth 58"12144" West.
360.00 feet. thence North 31047'16" East, 140.00 flet. Horth
68012144- Wlst, 216.05 feet, thence North 01-44121" WC5t. 210.00
feet to the South R19ht-of-Way lin~ of Northwllt 22nd Avenue and
the Point of Beginning.
..
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 ADJUS'l'MENT
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
Attaclunents
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"'. .. 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
hereinafter described and in support thereof state(s):
1. Property involved is"de~cribed as follows: ~Sr~~~~,
Block , Subdivision ,
Plat Book , Page or otherwise described as follows:
Property Address <?.u.'. ~e:4- 0.\ c.o"",~~~ .6.\I~ 1 f"l..vJ. 1/l.,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 ownershiD of nrODertv bv netitioner(s), such as deed or
'1
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: AAEf,GA..... D~e\bpN\~~-t,o A (UAkcf.. ~.. H~\-wA, to!
8. Name of applicant: CUff'': -( ~\...-b A~,(' A~. 'tC; ~Ab~e'l.~ NJC
l>~ ~.,c.
Applicant's address: (A ent - Jose A ui1a) 33483
Date: mAq. 1 .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.. \..\ e.. 0 l- ~ &- A ,
4. Denial was made upon existing zoning requirements (list sections[s]
of Code from which relief is required:
A P pQ..J,j r> I ~ A 2-0 N IN G-
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5. Nature of exception or variance required:
R It-OU c:...'" tON Ij\) R Q..~\J l y< Q ~ A\' Kl N c;... Sp A<:.e ~
Date:
5/15/90
Permit denied: ~ b.. u~
Build~partment
6. Case Number:
146
Meeting Date:
June lIt 1990
..
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 af 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'
..
Currie
Schneider
Associates
AlA. PA
'\rchitt'rls, Planner'
& Interior Desi-.;nl'rs
25 ~t.\Jbrl'f'Z(.)
Ol,lr J\ Bl'.ll'h, fI
H4tlJ
Hay 7, 1990
40~ 1-6-4451. -r,11-Q
lOS 419-1566
CITY OF BOYNTON BEACH
Board of Adjustments
100 East Boynton Beach
Boynton Beach, Florida
33435
Boulevard
Re: TARGEr SHOPPING CENTER - 89552
S. 1(. CORNER OF CONGRESS A VENUE If N. Jt'. 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.N. 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.
Ne 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 impl ement .
B. Palm Beach Countv has reauested that the develov.ent dedicate riJrht-of-
..
CITY OF BOYNTON BEACH
Hay 7, 1990
Page Two
Please feel free to contact this office if you should require any additional
information.
Sincerely,
'IE SCHNEIDER ASSOCIATES AlA, PA
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cc: A.lIreri can Deve 1 opment
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Schneider
-\ssociates
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Hay 21, 1990
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CITY OF BO}~VTON BEACH
Board of Adjustments
100 East B~\~ton Beach Boulevard
Boynton Beach, Florida
33435
Re: TARGET SHOPPING CENTER - 89552
S. /+'. Corner of Congress Avenue If 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-wd...., for expansion of roadway improvements to N,/+'. 22nd Avenue. If we
agree to give this additional right-of-way~ It'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 privileges 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 dgree 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, impro\'ements, we will lose parking spaces and thus not have the same
benefit as other property owners to develop our approved site plan.
E, The granting of this \Tariance is the minimum which will make it impossible
to develop our approved site plan.
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Currie
Schneider
Associates
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13483
4071276.4951, ~1-.22;9
105,42<),1566
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.P.
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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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 COMMERCIAL (C-3)
TYPE OF DEVELOPMENT SHOPPING CENTER
SITE AREA 556,955 S.F. (12,78 Ae'l
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 VIDEO
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
CUrrie Schneider Assocaates, AIA
25 Seabreeze Avenue
Delray Beach, Florlda 33483
1m: 13.179 ACRE (APPROXIMATE) TRACT OF LAND IN THE SOUTHWEST
QUADRANT OF THE INI'ERS~TION OF COOORESS AVENUE AND NW 22ND AVENUE,
OOYNTON BEACH, FLORIDA
Gentlemen:
This letter authorizes Jose Agulla, an associate of your firm, to act on
behalf of Amerlcan Development Corporation with respect to any and all
requirements of the City of Boynton Beach, Florida related to the proposed
varlance of the above-captioned tract and any and all related approvals in
connectlon therewith.
Yours truly,
~Cl4
Richard Ade
President
STATE OF FLORIDA
COUNTY OF PAlM BEACH
&Aorn to and subscrIbed before me this 9th day of May, 1990.
//) . 1'1 /
Board of County Commissioners
Carol J: Elmquist. Chairman
Karen'T. Marcus, Vice Chair
Carol A. Roberts
Ron Howard
Carole Phillips
May 13, 1990
Mr. Tim 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
County Administratol
Jan Winters
Department of J::ngineeril
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 aecommodate 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
UJJJaiL-
It 1'2c~r\lED
Charles R. Walker, Jr., P.E.
Director - Traffic Division
ttti"G l' _
PLANNING DEPT~
L- '
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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
v
-
.. An J::qual Opportunity - Affirmative Action J::mployer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402-"2429 (407) 684-4000
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~< H1LEY-HORN
TEL No.407-863-S175
May 16.90 9:10 No.OOS P.02
,
,
l Klm/.y-Horn I
Klmtey-Horn ena Assoclales, Inc.
eNalNee"s . I"L"'N",e"e . &UlWt'\"()~
""31 Embareat1efo Drl.... .......t "11m Buen, f'larld. 33407 .07 84~'OG05 f_,,$i,";I. 40T 863.ilIT~
May 16. 1990
4071T.OO
Mr. Tim Cannon
Acting Planning DIreCtor
City of Boynton BeaCh
100 East BoyntOn Beach Boulcvard
rost office Box 310
BoyntOn Beach, f'IOri~a 3342'-0310
RC: Right-ot-Way DeGJcuJon
for American Development
Located on SW Corner of
NW 22nd Avenue ana Congress Avenue
Dear Mr. Cannon:
This letter is intended to clarify the basis of the requested variance for the
rC(Juction of 28 parkins spaces from those required by City code in Order to provide ror
the right-or-way dedication requested by Palm Beach County bngineering lJepartment.
The County has requested the right-of-wa)' dedication to accommodate the ultimate
roadway improvcment rcq\lircments for the intersection of NW 22nd Avenue and
Congress Avenue. The jPstification 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 sitc plan (ull)' mCl. the
parking requirements identified by City code,
2, The only improvements at the intersection of NW 22nd Annue BDd Cunaress Avenue
required of this project included the addition of an eastbound right-turn lane. The
existing right-or-way line on this approach of NW 22nd Avenue is approximately
U,S feet from the currcnt cdge of pavement, This would allow construction of the
required tprn lane improvement and adjacent sidewalk section without requiring any
additional right-or-way dedication beyond that shown on the approvecl site plan,
with the exception of an additional corner clearance which would not result in the
Joss of any parking from the approved plan.
3. Palm Beach County has requested the dedication of an additional 21,S feet from the
centcrline of NW 22nd Avcnue to accommodate thc ultimate iotersection
configuration at this location not to accommodate those improvements as required
as a condition of the development approval.
......t..i', . C~.rlul" . 0.11U . I'j)rl L...c.rd.l. . I'fltl foil",. . N..n..1t . Ol1.ndo . I'I\<)tftlll
Aalttlgh . Sa" OItt9.. . Sluan . tamllll . v... htI~1I . I/UI/I'"a e..<il1 . IV.., Pal", a....ch
8ulldl". ..1111,,1 III'allo",hl"lI 1I1,,~. 1..1
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nay lO,~U ~;lU NO.UU~ ~.U~
Mr. Tim CaDnon
-2-
May J6. J990
In summary, this project could proceed forw8r" with thc approve" site plan in rull
compliance with City code and no additioDsl right-oC-way dedication to meet their
required roadway improvements at this location, However. the applicant has aareed to
make a voluntary dedication of right-or .way to Palm Bcacb 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-or-way dedication can only be
obtained throuah voluntary dedication at this location and has recommended granting of
the requested variance to preserve the options to accommodate the ultimate needs of this
intersection.
Please advise if you have any further Cluestions regarding this matter or require
additional clarification.
Very truly yours,
KIMLEY.HORN AND ASSOCIATES, INC.
h F. B.n~~
VIce President .
JFR/mcc
cc: Charles R, Walker. Jr., P.E,
Palm Beach Count}' Engineering Department
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C.l A. Developers, Inc., & Connecticut corporAtfon
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Am.rican Oevelopment Corporation. I Hew
wh... POll aHleal..,."I. c/o Richard E. Boyer
4 W.te, Str.et. N&~hua.
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Till, 'n'''IoII11.", "'.. 1l'.jI."G br.
Richard H. Critchfield
alCHAlD H. CRITCHJlIELD. p,,,"
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Con nee tic u t ' QtOlllO'.. gnd
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aM a,he, gelN .IId .et.lelale ,anaide",tioaa .. ..I" l'l/1t81 In hunlll PIll' -r 1lIi4 ''''",.., .h. 'K,ip' ..h.,...1 I. h.. .by
OCkIlClWI'.lI'., he. V'Oll"., be'1I81n.. aAG ..Id ,. ,lie lOid I'an'.... olld II'."'..'. Nit. and "''''"1 '."...,. ,". follo_.n"
".,c/ihd I.lld. .Ir"..., lying IInd lIe1ng ." P. 1 PI .0 c: h CIIl/Afr. f...,i4o, ......1.,
SEE EXHIBIT -AU ATTACHED HERETO AND MADE A PART HEREOF.
The sol. consideration for this conv.yance is the part1., IS5u.ption b1 the
Grantee ot that Cirtiin mOrtgAge in favor of Rtteco Development Corporation
d&ted Oecember 18. 1984 and recorded D.c.mb,r 26. 1984 in Offici.l Records
aook 4426 It Pag, 508 (th. "Mortgage"). which Mortgage Willi ilufgud to
lJ.lb01n Dev,'opment Corp.. .. Hi1n. corporation by virtu. of th4t cllrhin
instruRlont record.d ^prl1 1. 1986 in 01'f1chl Records Book 4034 .t Pig.
15D5. which Mortgage WAS collaterally uSfgned to BAncBolton Rul EItIU
CApItal Corporatfon. I HIIIIchij,ettl corporaCion. by ~irtu. of tn.t c.rt.1n
ihtruDlent rtcordect Aft-it 1. 19815 in Offfc1&l Rlcords Book 4~34 at p.ga
1592, ill of thl Publ c Rlcords of Palm Beach County. Flor1da. TII, Grlnh~
h.r.by ilsume. and agre'l to PlY chat pOrt1on at the outstanding prlnclp.l
b41anc& 01 thl Mortg&91 equf~llenc to the product which riiults fro~
multiplying ~hl outitindtng prIncipAl bllAnce of the Mortgage tlm.. a
friction. the numiTitor of ~h1ch 1$ 13.179 And the denominator af ~hlch 1~
49.3l.
Gild 1014 11'.11'.' d_ '*...~ "'II" wartOn' the title " ..Ill lllld. o"d wW 4."1111 11M "/II,, GlIoill" ,lie Ic.w,.,1 dgi",. 0' "JI
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· "'0/01\"'" 0Ad -litO "',," IIf. lIIelI fel alnel/lal Ir 1l1",eL I' ,en',at '.11",1/,,,
In lDUnr" lDbtt,at. G'lJII'" hat herellAII ... 1I,.nlo/, 11./1. .l1li ...1 Ill, ....~ .". ".., 'ire' .bCl... ..,ill 011 ,
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IXH I B 1TII ~A~
A portion of land in the Southeast Quarter of Section 18.
Township 45 South. Ringe 43 East; and being a part of the North
half of the Northetst 1/4 of Section li. Township 45 South, Rang.
43 East. in Palm Beach Counti'. Florida and being more
particularly described is follows:
Commencing at the Eait 1/4 corner of Section 18. thence South
89005'09" West. 50.05 f..t. along part of the North 11ne of the
Southeast 1/4 of Section 18. to ~ point on the Wlst Right-of-Way
line of Congress Avenue as described in Off1c181 Rlcords Book
1290 at Page 519. thence South ag006'09d West. 1301.41 feet along
part of the Horth line of the Southeast 1/4 of Section 18, to the
East line of a tract as descr1bad in a deed from N.R. F1e'd to
sunny South Estates. Inc.. racorded in Official Rlcords Book 3206
at Page 1010. thence. South 01~44'21u Welt. 1370.28 feet. along
part of said Ealt line to tn. South Right..of-Way of Northwest
22nd Avenue. as described in Off1c;a' Records Book 1785 at Page
1569. thence North 88069'56" East. 300.43 feet along said South
R1ght-of.Wa~ line to the Point 01 Beginning. thince continuing
North 88-59'56" East, 991.00 f.et along said South Right-of-Way
line to the West line of the 120 foot congress Avenu.
Right-ot-Way. ,s per Official Rlcords Book 3560 it Pages 1115
throu?h 1120. thencl along Slid West Right-af-Way line South
01.44 21M Wlst. 642.00 fe.t. thence South 46044'21" West. 35.35
feet.. t.h.nee North 8801513i" West. 199.34 feet. to a. point of
curve to the right having a radius of 600.00 f.et. thence along
said curve to the right. an arc distance of 75.05 feet. Slid Ire
having a delta angle of 07010'02". thence South 08054122" West.
66.21 f.et. thence North 8801513911 West. 264.01 feet. thence
North 01-44121'1 West. 60.00 feet. thence Horth 581112144" West.
360.00 feet. thence North 31047'16" Eilt. 140.00 fait. North
68012144" Wlst. 216.05 feet. thence North 01-44'21" West, 210.00
feet to the South Right-of.Way l1n~ of Northwl,t 22nd Avenue And
the Point ot Beginning.
_ u
,
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.
~
~
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 1146
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, 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
400 feet of the applicant's property to give them a chance to
voice their opinion on the subject. Conunents 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
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BOARD OF AOJUS'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: 2455E. Sunrise Blvd., SUite #1106
Ft. Laud. 33304
3. !obtorola, 1500 NW 2nd Ave., - 33436
4. Am. Dev. Corp. % Richard Boyer, Nashua, NH, 03060, 4- WtL~'\.. S+,
5. Mahogany Bay Ltd.
2001 Mahogany Dr.
4001,
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. !obtorola, Inc.
Attn: Tax Dept. II..01-9th
1303 E. Algonquin Rd.,
Schaumberg, II.. 60196
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
Description,
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
40q 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 738-740&, 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