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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 r:=- 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; "'~~11111;""\ 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 r', " ("" ,rl ''''"-1''''''1""" /,,""-, 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 ."~,,,'lIJ'>. Mr, Tim Cannon , Acting Planning Director City of Boynton Beach 211 S. Federal Highway Post Office box 310 Boynton Beach,FL ~3425-0310 "_"'M~,__..' .'_'_.'_'" _ W ___'___. __ ~ _ (" 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 .~ il _ PLANNING DEPT~ ,1.- . 11;' . - ....... - ~ printed on rtrc,;,cled pape, .. An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-'2429 (407) 684-4000 AnnPNnTTM l::l -------<............... '~ /"'''. ~"" r' "1_, ' ~r;~ h." JJ , J J~ ~ d" I~ IT 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 ~_-~ ~7,;P d.~,ttw"lrq~~ .,,'" " ,../; tI. 'v""\ TIMOTHYP. CANNON ~~ /J~!';. l!!'~.. ,;, , Interim Planning Direct\SirllL llU I MAR 0 5 1990. ' cc: Technical Review.Board " ~, l!:lilCllIii .. ~,}, ":"1('" .. , , , 1-1: ~ r .."l ~'V . '/> :J,~, fit ., . ~..:' '~... . . ,., . . ....., . " . .t,' . ADDENDUM C ~ l.~,~ IT /yfp CITY of BOYNTON BEACH ~.';'. 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.~ 7 /'- ~;{, ~"j'~'1ii!/~ !(\r\' .'~ r :.1 1 I,~, .v\ TIMOTHY P. CANNON r:} ,);..' ~'I~';;'~l -~:, ~~ . Interim Planning Direct~~I;[U \ MAR 0 5 1990 .. JJG:frb Encs cc: Technical Review Board ~! e;;~lcni~ '" -'J~ t:':;::(;:t l ~t. ">'/).. ' ,.,' / ': i:t': I ~- ... ....... .. . .':...:"''1-~ ... I" ~. 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). _--1' ~ ~)(HIBtT"_~ 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. '~ a )~A-~ ' Al Newbold ~ AN: bh Attaclunents PREVAR. DOC ..' ~. 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- S II ','.J " . < C r l..L..-..Ul 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 JAlapr cc: A.lIreri can Deve 1 opment ,/",. p Currie Schneider -\ssociates \!..... P.... Hay 21, 1990 ',.." t'';:''\':.~'~~ \~\\'\ e.\[~ \\ \~ ~l.W ~( '~.. ,{\\\~~ \V~\\t . .~qlJ 'I''" ,', " \ \ \'-.: .J I .. \~ ,\~\ ,.-'.::J\. o . I)\:..\ , ,--\'\,'\ ~ , .. .J ;)'0'''' .\,..hrll'( ". 1'/.1 '11,"'" & InINI()[ IJI'.,i~IH'" 25 ~e~)bl'('(l/(' LJl'II.lV Ik.KIl. fL l.l.Hl3 407'276,4'151. -37.22;'0) 305,429,' Sfib 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. ... Currie Schneider Associates \n hitPCl'., f'I.!I'I:)t." .~ Interior Dp.,t~nt'r... \1"., p.\ 25 SeJhret.~/l) [)plrJV fk,H'h, fl 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 ~. _~. 'I, :"" " ~, \\"!~\\\ _' \ p \ 1 J \ ., ,'~" \2,:;-\', \, ',\ \ ..:j ,1.',...- \'\ \ ..' . . .~ . Currie Schneider Associates \I.A, PA. ~ -\ r r- O("\'~ .~ .- ", .\ ; r~ "t-- - ~s 't.:-'.:~"'I'-t--..} .-. ~t.lrJ. 3:..~.:,'" ::_ ~.3..:.2 ~~ .:.:,- 2-':,,--,,~' -:-'_~-~ .;05 ~2~)- ~ ::.:... 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 "~,> ,';;~'\'. ' '. .... .\\\' . ~ \ \ ,':>, \ ,'. ," . ' ~ \, '.' _" .,,,.J &9"':'".... \ .~ ~\'..,.. ~. ,.;.'l\\{, ,.', :..' ~~"\ '-::~: .. 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- ' ~.. . 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 ~ ",ill'''' "" '~I-J'" ....,.., ---.--. ~< 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 K 1 MLt: 1 -nl.J/'..f'l I~L f'lU,qU(-~O~-Oll~ 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 i071 TOO-TC-LOII1690..,JFB,wp .' ..., '-"" . _ ....__~._a.. .. --...---..--. ....... .-- . _.... "._.--... " ~~ - :~to:i ;~~~ / .U:r$ti QJ"d.., ~ 10M 1La&oA. r~ 3S431 ..Y' . ~arranty lattd. (STATUTOrr lOLlI-SlalOM m.DJ f.S.) \;' . fllrU lurntm-r. N.edt ,hi, .., 'Us"' ., ., C.l A. Developers, Inc., & Connecticut corporAtfon .f the eow"'r ef New Haven . St... .f Am.rican Oevelopment Corporation. I Hew wh... POll aHleal..,."I. c/o Richard E. Boyer 4 W.te, Str.et. N&~hua. ., ,he C-rr v4 Hi 11 sbDrough ..1...... 'Wihvu,U,. Tho' ..Id ,""'Ot. 10, .nd ill """,1II,,.1Ioa ., the ....111 ., .. OCr-DS"19 34:l34Pa 87-294476 Till, 'n'''IoII11.", "'.. 1l'.jI."G br. Richard H. Critchfield alCHAlD H. CRITCHJlIELD. p,,," .... Itl.... ..... ICKA IA'O", nwk'lI" ,."u ORe 5441 Pi 0264 September Jl,lB7.IJIIWlrd Con nee tic u t ' QtOlllO'.. gnd Hampshire corporAtion H.w Hampshire 03060 Nltw H.mpsh1r~ Ten l1nd NonOa , 8/Gn...., ----.-----.........--..----........---------.......--....---(S10.00)p.i~Q~ 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 pe'..II. wll__..,., · "'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 , 1111/1." ...1... I". l1li1/-.4 IA GUe ",_nee. -=-4:~t~~~1~ ~~~iJl.r .. -..-... 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 , o ~=c ..... ==---- ~-- -- -~ -~- --". __-~ '-"-';"'.=:' ~1t.' '!;II' ('\I ;; ~ Z81-Lg) I 'ON JJf1d 08 .lV >U:lVd Wn.lNVnO '''''LIC "-I ~ -~'" --- ~-:::;-- 3 )I If 7 " \ ;- Jj I '_ \( -- -~---,-......, - _d_' ' ___..:...-.':::: _. _,,,__,_ -.~. ----.--- --------~- - 19NOO i I I I =-- - 0 ~ ... (j) "l tf) J '-J " ~ , I ~ tf) '> ,S"?ZJ - ~ ~-~ , en I - I - I <t :: '~ I ~ I .~ ~t- I I t-Z I zW u> ':~ "-l. I <to g I 0 lu I ~ I (~~ \... I If 7 I 0 I .__0_., '_. -" .~- ..... ::> I / . , , '1 :J 0 ... .J: 0- w >- - ~ .~ z ti U") I <l V @ C) ...J I I 0 0- N :I: U") I ~ <t - :E I ~ I -0 C C\I C\I C) c-..I 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