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AGENDA DOCUMENTS June 15, 1998 Mayor Jerry Taylor City Commission City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 THE LEE STARKEY GROUP Planning and Zoning Consultants 11214 MarjQram Drive Palm Beach Gardens, FL 33418 561 775.0671 Fax: 561 625.9364 ill ~ ~ ~~:~ ,00 RE: RIVERWALK PlAZA VARIANCE REQUEST PLANNING AND ZONING DEPT. Dear Mr. Mayor: On June 16, 1998, at the regular City Commission meeting, you will be asked to ratify the action of the Planning & Development Board. This was postponed from last months regular meeting to give the owner time to acquire additional engineering data to further support the request for a variance. We find that we must request an additional postponement of sixty days. The owner is preparing an offer to purchase the property from the Florida Inland Navigation District which, if accepted will require us to submit a request for a zoning change and possibly a land use amendment in which case the variance will become moot requiring no further action. If, at the end of the sixty day postponement, the purchase is nor completed or at least eminent, the owner will erect the wall with no further discussion. We thank you for your cooperation in this manner. If there are questions, or additional information is required, please call. Sincerely, cc: mcarey CITY OF BOYNTON BEACH MEMORANDUM TO: Bulent Kastarlak, Director of Development ' Michael J. Pawelczyk, Assistant City Attomeyt1fV1f FROM: RE: Riverwalk Shopping Plaza Second Amendment to Reciprocal Parking Indenture DATE: April 7, 1998 Attached hereto is a letter from Mark Perry dated April 3, 1998 and referencing the Second Amendment to the Reciprocal Parking Indenture for Riverwalk Shopping Plaza. Please review the content of the same returning your comments to me at your earliest convenience. I will then forward your comments to Mr. Perry. Should you have any questions, please do not hesitate to contact me. Enc!. ca\develop/riverwalklkastarlak memo 1 PERRY & SCHONE. P. A. ATTORNEYS AT LAW .50 S.E. F"OURTH AVENUE DF.LH.\Y BRACII, FLOltl!).\ a:141'4:1 MARK A. PEARY LARRY T, SCHONE KEITH O. KERN April 3, 1998 TELEPHONE t.5611 276.4146 FACSIMILE (5611 276..)859 James Cheroff, Esq. City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 Re: Second Amendment to Reciprocal Parking Indenture Dear Jim: Enclosed herewith please find a draft of the Second Amendment to Reciprocal Parking Indenture, which I believe sets forth the terms as discussed during our meeting. f await to hear from you with your questions and/or comments, lli'ncereIY, ~ . 0(,R ~ . il1:1U \ f\ ide-, M rk A. Perry U MAP/mde .1 '.." .fA' tr qJ{p , ... - ..." ,. .. .----:::-- ;(' ... I r.: .. ,') M \ /,5' b 'Ii _ ~', SECOND AMENDMENT TO \~ nEtl//;;?,: RECIPROCAL PARKING INDENTURE ,'. r.tIIs SECOND AMENDMENT TO RECIPROCAL PARKING INDENTURE entered into this the day of April, 1998 by and between the CITY OF BOYNTON BEACH, whose address is 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310, hereinafter referred to as "City", TAJ ENTERPRISES, a Florida General Partnership, whose address is P.O. Box 790, Delray Beach, FL 33447-790, hereinafter referred to as "TAJ", and RIVERWALK SHOPPING PLAZA, whose address is 1690 So. Congress Avenue, Suite 200, Delray Beach, FL 33445, hereinafter referred to as "Plaza". WHEREAS, Plaza is the owner of that real property described in Exhibit -A" attached hereto and made a part hereof by this reference, which real property is hereinafter referred to as "Plaza Center"; and WHEREAS, T AJ is the owner of that real property described in Exhibit "B" attached hereto and made a part hereof by this reference. Said real property is located immediately to the East of the Plaza center, which real property is hereinafter referred to as the "Restaurant property"; and WHEREAS, the prior owner of the Plaza and TAJ Enterprises previously executed a Reciprocal Parking Indenture and Amendment to Reciprocal Parking Indenture which sets forth joint access and joint parking usages for the Plaza Center and the Restaurant Property; and WHEREAS, Plaza is redeveloping the shopping center located at the southeast corner of U.S. Highway One and Woolbright Road in Boynton Beach, FL; and WHEREAS, the Plaza has obtained a site plan approval from the City dated _ ; and WHEREAS, the subject property owned by the Owners is not part of the subject site plan; and WHEREAS, it is the intent of the parties to agree to site plan changes of the Plaza Center which will be implemented at the time of the development of the Restaurant Property. NOW, THEREFORE, in consideration of the sum ofTen ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: RECITALS 1. The above recitals are true and correct and incorporated herein. . \ 2. The parties agree that the parking spaces located at the northeast corner of the Plaza Center adjacent to the restaurant property shall be deleted and access shall be available to the subject restaurant property as further depicted on exhibit "cn, 3. The parties agree that the directional sign and the no-entry sign which are located at the northeast corner of the Plaza Center shall be relocated approximately 60 feet to the south so that access for deliveries will be available to the Restaurant Property. This change of signage location and access is further depicted on the attached exhibit .C. and made a part hereof. 4. The parties agree that the dumpster which is located on the northeastern portion of the Plaza Center adjacent to the Restaurant Property may be relocated southerly so as to provide additional access and parking for the restaurant. 5. The parties agree that the agreements contained herein shall not waive or release any zoning and/or building requirements for the development of the restaurant site, which shall include but not be limited to parking. 6. In all other respects, the Indenture and Amendment shall remain unamended, unmodified and unchanged and in full force and effect. WITNESSES: CITY OF BOYNTON BEACH By: T AJ ENTERPRISES, A FLORIDA GENERAL PARTNERSHIP By: RIVERWALK SHOPPING PLAZA By: h:\mdelagreemen\therblu.agr f. '1LJ ~.I . (0 " /r~A.~ ' . / Le. "-...-1" 1 ~t: ~~ .y ,~":.~'f.../I( u". " . ." ' ~.;(i~~/..::~~~~~{t~~~~;:~~~~~t ,...,..,,'''',.''';-'''' ,-,. .,;!<"~""'-~-'''''~,~".~~ .' "'~"/~~/-:..":'r-: ~ .~~,.;,;;-;:.;--,~':':~~~?:~.~:::~~~1E~ ...!'- . ~'.- --~.-::...~~. ,- :< 1. t' "- 'v DEPARTMENT OF DEVELOPMENT Bulent I. Kastarlak, NCARB Director ~/9/'Y~ -rc ~ f'!4't.e-!/a~ (fftt~ 1~cI- jtlt~ ~tt Ra; ~~rrdd / -. ~ \ ~~ fJJi?J~1..e-: A-ec/-<.ta/ /de Uttrlettl'1I fIa ~ ~,~ ~~t~>t- ' - ~~". ~;J'fIte~ ~w/tftua.?;du (Ci/l!/;1,~t~{;;( ~ 4.-: flute,) J if:(~ 711L ycult- tUtt(tt{~t7d IfSYff-, ke MEMORANDUM ill I" 6 .....", \MIl ~ Ir'l.:: CITY OF BOYNTON BEACH & m 0 \VI ill TO: Bulent Kastarlak. Director of Development Rose Marie Lamanna, Legal Assistan(]i DEPARTMENT OF DEVELOPMENT DATE: June 26,1998 "'~~~...~ ill I, @ ~ 0 \IJ ~ m co JUN 2 9 1998 PLANNING AND ZONING DEPT. FROM: RE: Riverwalk Shopping Plaza Second Amendment to Reciprocal Parking Indenture Attached hereto is the Second Amendment to the Reciprocal Parking Indenture for Riverwalk Shopping Plaza, with attached Exhibits, Please review the content of the same returning your comments to me at your earliest convenience. I will then forward your comments to Mr, Perry. Should you have any questions, please do not hesitate to contact me. Ene!. sl Encs. as stated ca\develop/riverwalklkastarlak memo2 '10: ~~ a#tff ~; Me ~ & ~ W~;,avU M ~ 6!..u/q~ r~ ~dw~i1;;~ Q)l~r ~ ) ~I\ -,--~-~--_. -_.~----- SECOND AMENDMENT TO RECIPROCAL PARKING INDENTURE THIS SECOND AMENDMENT TO RECIPROCAL PARKING INDENTURE entered into this the day of June, 1998 by and between the CITY OF BOYNTON BEACH, whose address is 100 E, Boynton Beach Blvd., Boynton Beach, FL 33425-0310, hereinafter referred to as "City", TAJ ENTERPRISES, a Florida General Partnership, whose address is P.O. Box 790, Delray Beach, FL 33447-790, hereinafter referred to as "TAJ", and RIVERWALK SHOPPING PlAZA, whose address is 1690 So. Congress Avenue, Suite 200, Delray Beach, FL 33445, hereinafter referred to as "Plaza". WHEREAS, Plaza is the owner of that real property described in Exhibit "A" attached hereto and made a part hereof by this reference, which real property is hereinafter referred to as "Plaza Center"; and WHEREAS, TAJ is the owner of that real property described in Exhibit "B" attached hereto and made a part hereof by this reference. Said real property is located immediately to the East of the Plaza center, which real property is hereinafter referred to as the "Restaurant property"; and WHEREAS, the prior owner of the Plaza and T AJ Enterprises previously executed a Reciprocal Parking Indenture and Amendmentto Reciprocal Parking Indenture which sets forth joint access and joint parking usages for the Plaza Center and the Restaurant Property; and WHEREAS, Plaza is redeveloping the shopping center located at the southeast corner of U,S. Highway One and Woolbright Road in Boynton Beach, FL; and WHEREAS, the Plaza has obtained a site plan approval from the City dated May 6, 1998; and WHEREAS, the subject property owned by the Owners is not part of the subject site plan; and WHEREAS, it is the intent of the parties to agree to site plan changes of the Plaza Center which will be implemented at the time of the development of the Restaurant Property. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: RECITALS 1. The above recitals are true and correct and incorporated herein. 2. The parties agree that the parking spaces located at the northeast corner of the Plaza Center adjacent to the restaurant property shall be deleted and access shall be available to the subject restaurant property as depicted on exhibit "C". 3. The parties agree that the directional sign and the no-entry sign which are located at the northeast corner of the Plaza Center shall be relocated approximately 60 feet to the south so that access for deliveries will be available to the Restaurant Property. This change of signage location and access is depicted on the attached exhibit "C" and made a part hereof. The parties agree that the loading area located at the northeast corner of the Plaza Center adjacent to the restaurant property shall be deleted as depicated on exhibit "C". 4. The parties agree that the parcel of property located at the southeastern portion ofthe plaza indicated N.I.C. shall be provided at least two vehicular access points as indicated on exhibit "C". 5. The parties agree that the dumpster which is located on the northeastern portion of the Plaza Center adjacent to the Restaurant Property may be relocated southerly so as to provide additional access and parking for the restaurant. 6. The parties agree that the agreements contained herein shall not waive or release any zoning and/or building requirements for the development of the restaurant site, which shall include but not be limited to parking. 7, In all other respects. the Indenture and Amendment shall remain unamended, unmodified and unchanged and in full force and effect. WITNESSES: CITY OF BOYNTON BEACH By: T AJ ENTERPRISES, A FLORIDA GENERAL PARTNERSHIP By: RIVERWALK SHOPPING PLAZA By: H:IMDEIAGREEMENITHERBLUM.AGR All that part of Section 33, Township 45 South, Range 43 East, PALM BEACH COUNTY, Florida, lying West ofthe West line of Rousseau's Subdividion as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; east of an east right of way line of U.S. Highway No.1, and North of the westerly extension of the South line of Lot 2, of said Rousseau's Subdivision, except the northerly 50 feet thereof taken for S.E, 15th Avenue, and also, all that part of Lots 1 and 2 of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida, except that part taken for S.E, 15th Avenue, and more particularly described as follows: Beginning at a point in the West line of said Lot 1, distant 50 feet South of the Northwest corner thereof, thence North 89'41'13" East along a line parallel with and 50 feet South of the North line of said Lot 1, a distance of 83.00 feet to a point; said line also being the South right of way line of S.E. 15th Avenue; thence South 85'32'58" East, also along with South right of way line of said S.E. 15th Avenue, a distance of 320.74 feet to a point; thence South 00'18'47" East, a distance of 105.00 feet to a point; thence South 72"42'45" East, a distance of 30.79 feet to a point; thence South 00'18'47" East a distance of 50.00 feet to a point, thence North 89'41'13" East a distance of 21.07 feet to a point, thence South 00'18'47" East a distance of 298.00 feet, more or less, to an intersection with the Westerly right of way line of the intracoastal waterway; thence South 07"07'50" West along said Westerly right of way line of intracoastal waterway, a distance of 35.98 feet to a point; thence South 89"41'13" West, a distance of 125.00 feet to a point; thence South 07'07'50" West and parallel with the Westerly right of way of said intracoastal waterway, a distance of 80.00 feet to a point on the South line of said Lot 2; thence South 89'41'13" West along said South line of Lot 2 and the extension westerly thereof, a distance of 669.33 feet, more or less, to a point on the East right of way line of U.S. Highway No.1; thence North 04'57'25" East along the East right of way line of U.S. Highway No.1, a distance of 225,03 feet to the P,C, of a curve to the left, concave to the West, having a radius of 2914.93 feet and a central angle of 03"55'10", thence Northerly along the arc of said curve, a distance of 199.40 feet to the P.C.of said curve; thence continuing along the East right of way line of U.S. Highway No.1, North 01'02'15" East, a distance of 27,09 feet to a point; thence North 89'43'15" East, a distance of 150.00 feet to a point; thence North 01"02'15" East along a line parallel with the East right of way of said U,S. Highway No.1, a distance of 150.00 feet to a point on the South right-of-way line of said S.E. 15th Avenue; thence North 89"43'15" East along the said South right of way line of S.E. 15th Avenue, a distance to the POINT OF BEGINNING. EXHIBIT A A Tract oJ land i the Southeast cornel' of I 2 of ROUSSEAU'S SUBDI\ ~ION, as recorded in Plat wook I, Page 14, Public Records of Palm Beach County, Florida. and more particularly described as follows: Commencing at a point in the West line of lot 1, distant 50 feet South of the Northwest corner thereof, said ROUSSEAU'S SUBDIVISION; thence South 00 degrees 59'57" East along the West line of said lots 1 and 2, of 600.00 feet to the Southwest corner of said lot 2; thence North 89 degrees 41' 13" East along the South line of said lot 2, a distance of 305.66 feet to the POINT OF BEGINNING: thence continuing North 89 degrees 41'13" East along the South line of said lot 2, a distance of 125.00 feet more or less to an intersection with the Westerly right-of-way line of the Intracoastal Waterway; thence North 07 degrees 07'50" East along the said Westerly right-of-way line of the Intracoastal Waterway, a distance of 80.00 feet to a point: thence South 89 degrees 41' 13" West a distance of 125.00 feet to a point; thence South 07 degrees 07'50" West and parallel with the Westerly right-of-way of said Intracoastal Waterway, a distance of 1", '" .;, ~ ; All that part of lots 1 and 2 of ROUSSEAU'S SUBDIVISION. j, lyingadjacent!to the Intracoastal Waterway. as recorded in PJat ,Book 1, Page 14, Public Records of Palm Beach County, Florida, except that part taken for S.E. 15th Avenue; and more particularly Idescribedas 'follows:;;"nL' ".' '. '11 '.. 'to;.;'" 'P~'.(.;'~I":' ..~,r.i;., C~mmencin~' at-a ~~int int~e West line of lot I, distance 50 feet South of the Northwest corner thereof, thence North 89 degree.s 41'13"(East,"along~'a line paralleL,with and 5Q feet ....,South of the Nodh line, of said Lot I, a distance of 83.00 . "feet to a.point; said line also being the South right-of-way 1 ine of .S.E. 15th .Avenue; thence South .85 degrees 32'58" East, along the South right-of-way line of said S.E. 15th Avenue, a distance of 320.74 feet to the Point of Beginning; thence South OO.degrees 18'47" East a distance of 105.00 feet to a point; thenc~ ,South 72 degrees 42'45" East, a distance of 30.79 feet to a point; thence South 00 degrees 18'47" East 'e,a distance of 50.00 feet to a point; thence North 89 degrees ,. 41' 13" East, a distance of 21.07 feet to a point: thence South 00 degrees 18'47" East, a distance of 298.00 feet, more , orcless, to an.intersection with the Westerly right-of-way of the Intracoastal:Waterway; thence North 07 degrees 07'50" East along said Westerly right-of-way line of the Intracoastal Waterway, a distance of 457.03 feet to a point on .the South right':'of-way 1 ine of said S.E. 15th Avenue, thence.North 85 degrees 32'58" West along.the said South right-or-way line of S.E. 15th Avenue, 'a distance of 110.00 feet.to the POINT.OFBEGINNING. 1'1 t' . . , " .t:.... EXHIBIT -~ 7.D.l PARKING LOT VARIANCE RIVERWALK SHOPPING CENTER F.K.A. CAUSEWAY SHOPPING CENTER / PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-359 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J. Heyden ~ Planning and Zoning Director Michael E. Haa~e_[ b Current Planning C rdi ator July 3, 1996 FROM: DATE: SUBJECT: Riverwalk Shopping Center a.k.a. Causeway Square Shopping Center - PKLV 96-002 Parking Lot Variance (Drainage, driveway distance and 100 foot throat) NATURE OF REQUEST Chapter 23 - Parking Lots, Article I, Paragraph 3.B.3.d. of the City of Boynton Beach Land Development Regulations, requires that when a variance to the parking lot regulations is requested, the Technical Review Committee (TRC) must forward to the City Commission a recommendation that is to be made part of the public record. This change in parking lot variance procedure for Commission action only on parking lot variances became effective with the 1995 adoption of unified land development regulations. Although, Planning and Development Board action is not required, in cases where review by the Board will not lengthen the approval process (such as this one where conditional use approval is also required), the Commission is desirous of receiving the Board's recommendation. As just mentioned, this request is being processed in connection with an application for conditional use approval. This is necessary to allow a drive-up window to be installed on the west side Walgreens, an existing tenant space at the west end of the shopping center. Other modifications associated with this approval include upgrading the parking lot to meet current code regulations, building facade improvements and interior work for tenants. A leased outparcel building is also proposed as part of this approval, as well as adding two drive-through lanes to the west side of Walgreens for pharmacy services. The work involved with the proposed site plan modification excludes the existing bank outparcel building that is under separate ownership and located at the southeast corner of US No. 1 and Woolbright Road and the vacant property located along the Intracoastal at the northeast and southeast corners of the site (see Exhibit "A" - proposed site plan). Causeway Square shopping center is located approximately 150 feet east and 150 south of the southeast corner of Woolbright Road and US No.1 (see Exhibit "B" - location map). BACKGROUND Mr. Mike Carey, contract purchaser of the Causeway Square shopping center, is requesting a variance to the City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II, Paragraph H - Driveways Subsection 3 and 5 and F - Drainage. The three variance requests are as follows: 1. H.3 Distance from streets - to reduce the distance the west driveway on Woolbright Road (arterial road) is located from the intersecting R-O-W lines of US No.1 and Woolbright Road from the required 180 feet to 158.5 feet, 2. H.5 Length of access aisle - reduce the required distance of the interior access aisle to the west driveway on Woolbright road from 100 feet to :A Page 2 Planning and Zoning Department Memorandum No. 96-359 Riverwalk - PKL V 96-002 25 feet and the distance of the interior access aisle to the existing middle driveway on US No.1 from 100 feet to 87 feet and 25 feet for the north and south aisles (respectively). 3. F. Drainage - reduce the required 2.5 inches of on-site containment of stormwater to .5 inches of containment. The existing site does not have on-site containment of storm water. City records indicate that building permits were issued to construct the center in 1960, prior to the effective date of above requirements. On December 13, 1988 the Planning and Zoning Board (Planning and Development Board) considered three (3) parking lot variances for the shopping center. The variance requests were submitted in connection with the requirement to upgrade the site to current parking lot regulations necessary for site plan approval of the exterior elevation changes to renovate the old Grand Union grocery store to convert it to a Ben Franklin craft store. The requested variances were approved by the Planning and Zoning Board subject to specific conditions. However, since the site was not developed in accordance with the approved variances or the approved site plan which expired in 1989, and since parking lot variances are granted and tied to a specific site plan the parking lot variances are null and void and cannot be applied to a subsequent site plan. Exhibit "C" - survey of the site, depicts the location and configuration of the existing driveways and the location of existing drainage structures. Exhibit "D" - proposed drainage plan, illustrates the existing drainage system and the proposed drainage improvements. Existing drainage structures located within the on-site pavement areas collects storm water and directly discharges into the Intracoastal through two outfalls. ANALYSIS Chapter 23, Article II, Paragraph H - Driveways Subsection 3 and 5 and F - Drainage, of the City of Boynton Beach, Land Development Regulations, states the following: H. 3. "Distance from streets. Parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets and one hundred eighty (180) feet along streets of a higher classification." H. 5. "Clearance at major driveways. The minimum distance from the street right-of-way line at any major ingress or egress driveway to any parking stall or to any interior access aisle having direct access to such driveway shall be one hundred (100) feet." F. "Drainage. Storm water shall be contained on site. Containment capacity shall be designated for a minimnm of two and one-half (2.5) inches of rainfall in one (1) hour. Drainage structures and french drains shall comply with minimum city standards. Catch basins shall be located in grassy areas unless otherwise approved by the director of development. For impervious areas exceeding twenty-five thousand (25,000) square feet, the parking lot and facilities shall be designed and certified by a Florida registered engineer. Maximnm storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table. Drainage calculations are required in all instances. Thy hydraulic conductivity j Page 3 Planning and Zoning Department Memorandum No. 96-359 Riverwalk - PKL V 96-002 of soil shall be determined with tests made at the site using test procedures recommended by the South Florida Water Management District or other procedures which have been approved by the director of development. " A copy of the parking lot variance application submitted by the applicant has been provided in Exhibit "E". It includes the applicants statement of justification. On Tuesday, June 11, 1996, the Technical Review Committee (TRC) reviewed the plans and documents submitted. Discussions identifies the following problems: 1) H.3 - Distance from streets. Eliminate the west driveway on Woolbright Road. Omitting the driveway would result in a safer intersection at Woolbright Road and US No.1. The elimination of the driveway would prevent additional traffic from being added to the driveway as a result of the new 4,115 square foot leased outparcel building which is to be located approximately 53 feet from the driveway. It would also stop cross over traffic exiting the center from turning left (west) to either enter the south stacking lane for left turns onto US No.1 or crossing over to turn north onto US No.1. Lastly, it would stop the back-up of vehicles on Woolbright Road resulting from east bound vehicles on Woolbright Road turning right (south) into the center and making a hairpin turn right (west) into the existing outparcel bank site (see Exhibit "A" - proposed site plan). 2) H.5 - Length of access aisle. Omitting the west driveway on Woolbright Road negates the access aisle length issue for that driveway. Closing the existing middle driveway on US No.1 and constructing a new driveway approximately 85 feet north to align with a proposed on-site traffic access aisle would result in a safer ingress/egress driveway to the site. A further recommendation regarding the new driveway is to coordinate the location of the pedestrian cross walk on US No.1 with the location of the new driveway. Closing and relocating the existing middle driveway eliminates congestion of north bound vehicles on US No. 1 at this major entrance to the center caused by making a right turn (south) only 25 feet from the entrance. The right turn leads directly to parking spaces and will also now lead to two drive- through lanes that serve Walgreens phannacy. Stacking into US No.1, at this existing driveway, could also occur when on-site vehicles heading west, in front of Walgreens turn left (south) in front of vehicles entering the site to approach the parking spaces and the two drive-through lanes that serve Walgreens. This stacking problem would also be eliminated by relocating the driveway to the north. 3) F. - Drainage. A redesign of the existing site drainage is required to show compliance with all drainage regulations. The exfiltration system proposed for two locations on the site, as depicted on Exhibit "D", to contain .5 inches of stormwater reflects minimal effort to improve the existing drainage system which currently provides no pretreatment of stormwater. RECOMMENDATION Based on the above analysis, the TRC recommends the following: 1) Deny the request to allow the west driveway on Woolbright Road to be 158.5 c.j Page 4 Planning and Zoning Department Memorandum No. 96-359 Riverwalk - PKL V 96-002 feet from the intersection of US No.1 and Woolbright Road. The denial is based on safety concerns identified above. 2) Deny the request to allow an 87 foot access aisle on the north side and 25 foot access aisle on the south side of the existing middle driveway on US No.I. The denial is based on the safety concerns identified above. The TRC recommends that the existing middle driveway be closed and a new driveway installed north of the existing middle driveway as described in the above analysis. The above denial regarding the location standard for the west driveway on Woolbright Road negates the length of access aisle variance. 3) Deny the request for reducing the on-site contaiument of stormwater from the required 2.5 inches to .5 inches. The attached Exhibit "F" enumerates all conditions of approval recommended by staff. The staff comments include the above recommendations, as well as some additional minor comments. TJH:meh:dim xc: Central File A:PKLOTV AR.RIV /4 5' E X H I BIT II A" G ~ ~u ~::D 7M t,L' , ....... ~~ ....... z ::r> :::D Ie-<:; UJ ....... >--:i M U L' ::r> Z ~~/ l If 1m " ,!~ ~~!j _ 3 ,~ r~J ~~ ,lll i E ! .' i \"07.07<0"'" ~OGO ~ , ~i~F~ n!~AAR~3~H'1 ~ . ~ - 'I' I' '... 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" \ " , , , '" " 11 ~!I! ~! ~- ~- (> ) i i I" it:.. .......,2.,r.'--:::', \--. ,,"'- ~~;~ ,'-==-- ,r ----:-:'~--~ lq"'~'---======- . .;0-- -~ -_0'- ~~ -~.- ~ z___,:: ._',0.___..' --.,,- , -<<>-....." , , ',:\, \ \ " ,\,,\ " \. \ ' ' 1// I: !i '- II, I , 'j("I~'" 't, 00 / .~----. . ~ , s(,r":~ 4 "'E .C~OQ ~ Ii;' ~ii~' ii r ~ , . A f 0 . sr. l f. T[ R, A t PRDPauO iMPROVEMEN':'5 rDR RIVEllWALK SHOPPING CENTER USI-NY I. \IOll..JRIGIo"ItOAoD.. IQrNTDJo; SEACH PAL" JUCH CDUNlY, rLDRlD~ [~10' ~~:::':,:;::'~".:,,:::KCPo ,',: ConWu:l,~n "oo0ger. ..,...........,,,.......,,,-. --""'-'- ,.." ,..",,,:.0 '''''''''''''-07'''- , .~-.:;::.4;.~~-.:.- DRAINAGE PLAN ~ SCALE 1" = 40' /6 ~ ~ 1 , '.I: ~ ~; =- :;:! ",I z: c: '" I 1 ';' -I :;;' 0' 0, r' wi '" co :r: ..; 25 >- C; -I " ~_~A.JOR -..rrr.;" -, , ;'i ii ,I ,I I :!I i'l ill I, I' ill III 'I I I: I lill , I ii; iil] I: I ~~ : ,,, I' llii III: 1::1 ,I" 1,,1 'I I.. III ~! ,I I , .I 'I , I' I i 'I i I, " I' -----L /:lL. , . ~ o E X H I BIT II E II /1 APPLICATION FOR VARIANCES TO PARKING LOT REGULATIONS '~--fir~-'\!.;: :~ ., i,ll, D --- 'II' ,dil\ \:11\1, l'. .---1"--' PLANi.iNG AND ZONillG IlEPt CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD' . i 'j" , ;~: This application must be filled out completely and accurately and submitted '-n two (2) copies to the Planning DepartlMlnt. IDClCDP1.t:e appl1oatiolUl will DCIt be proo...ed. Please Print Legibly or Type All Information. 1. Project Name of Site Upon Which Parking, Lot is Located: ~V$WAL..'" ~P'1J6 <::BAJT8fL. 2. Date This Application is Submitted: MAY' ZI!J, l~~ 3. Applicant's Name (person 'or business entity in whose name this applicatlion is made): Phone: MItl-fAa.. ~ Rt:J.OO( 454S" _.-W€SLPALJA eE1'ta-I, FL.. ~ '4D7" _4Q1. g3S"D~JS' Fax:4J[J.Z3S.IJOO(ZiP Code) Address: 4. Agent's Name (person, if any, representing applicant):* Address: (Zip Code) Phone: Fax: * A letter f~om the applicant or owner authorizing the agent is required. 5. Property Ownl~r's (or Trustee's) Name: Address: Phone: 6. Correspondence Address (if different than applicant or agent)**: "5AMe As A~L'CAAJr ** This is the address to which all agendas, letters, and other materials will be mailed. PLANNING DEPT. - January 1991 ;.:PkLotVar /5 (2) 7. What is applicant's interest in the premises affected? ~\Q.T' 1'f,I((L(!,NM:E&Z- (OWner, Buyex, Lessee, Builder, Developer, etc.) 8. Street Mdre.. of Location of Site Upon Which Parking Lot 18 Lacatech i. , 1 ,~ , , 9. ~S.~~~AY Legal Description of Site Upon Which Parking Lot is Located: ~ ,trrrACHeD 10. Intended Use(s) of Site Upon Which Parking Lot is Located: ='HoPPtN6 '-Ai'1Jte"J2- 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Developer or Builder: ~1ZeS t.A I JieL-,GI-I Landscape Architect: t-'l2ES MIHS'l..fGI-J ~ STA~"" I~s M!jIeLJc::H JOIV4-l1-tAAI ~ fZ.I<<e'fT"!J, Re;. Fi.ofUOA 5UIWIiiY'~ ~NAfrIIJ6, ,~C" Traffic Engineer: JDt44THIMJ 1': 124~, ~t;;'. ./ ./ Architect: Site Plannex: Engineer: Surveyor: Copy of last recorded Warranty Deed included? (cheek) Letter authorizing agent (if any) included? (check) Site plan and survey (2 copies each) attached? (check) V Number of variances requested on the following sheets: ~ NOTE: A separate sheet must be completed for each specific desiqn requirement (Sec. 5-1(1) or permit application requirement (Sec. 5-142) to which a variance is requested. A:PkLotVar /~ (3) ',~, ,"1'1' ;1, , ' I '!'be UDdersigned hereby petitions the j,)lanning aDd Zoning Board ':c grant. to" the petitioner a variance to Article X "J'" :it. .', L,u...: of Chapter 5. "Building. Housing and Construction Regulations", of the Code of Ordinances of the City of Boynton Beach. Florida. as it pertains to the property described in this application. and for the reasons stated below: Section, Subsection. and Paragraph number of specific requirement to which variance is requested. and exact language contained in t:be Code I " I I ~11~t-J Z~ AlZrl c..LE II J PAJ2..46~R-J _ F. 'SeE AT7f'tCMeD ...... Nature of Variance llequested: see A(-~O Statement of Special Conditions. Hardships. or other reasons Justifying the Requusted Variance (attached additional sheets if necessary) : Se:E Aii7tc.H6[J (I) (We) understand t.hat this application and all papers or plans submitted herew':'th bE:come a part of the permanent records of the Planning and Zoning ~oard. II) (We) hereby cert:ify that the above statements and the statements or showin~s made in any papers or plans submitted herewith are true to the best of (my) (our) knowledge. This application will not: be accepted unless signed below. Signature of applicc,nt or agent: edt-v {~J ,(2 ~ Date: J - L>>- -9 b A:PkLotVar /7 "~!04Il',% 09:38 40152S93f LEE S1ARI<:EV PAGE 13'2 Section 23, Article II. Paragraph F of the Boynton Seach land Development RegulatlOne .tllte. tht! following: "Drlllnage. Storm water shall be contlllned on site. Containment capaolty shall be d..l9n.tad for a minimum of two and one half (lU) Inoh.. of """'11 In one (1) hour: ,.' 1 I NATURE OF VARIANCE REQUESTED: ''I.' This Is an exlstfng, fUlly developed site with no area available for the on-site contlllnment required by the lSoynton Beach Land DevelOpment code. It Is possible to Improve the quality of the .torm wllter run-off and within the space made available by the demolition of 10,294 square feet of building and the greased s_le areas, it i8 pos!llble to contain one half Inch of the required 2,6 inches containment. , . A variance of 2.D Inches's requested from the 2.5 Inch containment required by the ordinance. I.vi..tl If: STATEMENT OF JUSTIFICATION This site was developed as the Causeway Square Shopping Center over thirty years ago, At that time, storm water containment was not a requirement of the Boynton Beach development ordinances and direct discharge into the Intracoastal Waterway was the accepted method of storm water disposal. The present major tenant offers outdoor garden sales and auto repairs on the site, The propo8ed tenant will not offer these services and as a reSUlt, will eliminate a significant source of potential degradation of the storm water run-off, In addition, as a consequence of demolition, an area exceeding 10,000 square feet is available for containment which, coupled with available swale containment, will provide for a minimum of .5 inches of containment. /9 Jonathan T. Ricketts, Inc. 8895 N. Milite1Y Tr.n, 2010, Pelm s.ech Gertie"., Ronde 33410 RIVERW ALK SHOPPING CENTER BOYNTON BEACH, FL DRAINAGE VARIANCE April 1996 I. Ij I,; I III . ~ ! ~ j The proposed Riverwalk Shopping Center is the remodelina of an existing, fully developed project located on the southeast comer of U.S, Highway No.1 and S.B, ISth Ave (Woolbright Road). At the time of construction, nearly 30 years ago, the City's development ordinances had no requirements for storm water detention. Current City Ordinances require containment capacity of 2S'. Since the existing site is fully developed and has no appreciable facilities for storm water containment, it would prove to be an "exceptional difficulty" to provide the entire requirement of storm water containment and hence a variance is requested. The containment of the first 2.5" of runoff is to allow the removal of dirt, grit and any other surface materials prior to the storm water leaving the site. The proposed site has been designed to maximize the storm water containment. The designers have selected to utilize the proposed landscaping areas and construct underground ex filtration within any new drainage lines proposed. Approximately 17,000 square feet of landscaping areas have been added to the interior of the site which has resulted in .2" of storm water containment. Over three hundred feet of underground exfiltration can be accommodated in the proposed site plan. The proposed underground exfiltration will provide an additional .3" of storm water containment. The owner has also pledged to provide daily sweepings of the parking areas to reduce the amount of dirt which could enter the storm water system. This method reduces the need for storm water containment for dirt removal but presently, there is no quantitative credit given for this practice. The proposed plan will also eliminate two sources of environmental concern. The present site has the outdoor storage of lawn and garden chemicals and auto repairs are performed. Any spillage or leakage from either of these two activities goes directly into the Intercoastal Waterway. This variance request from the 2.5" of storm water containment to .5" of containment for the proposed plan on this existing site, will allow for the elimination of two potential sources of environmental concern and the upgrading of the existing storm water management system to provide for .5" of storm water containment where there is currently none. A preapplication meeting has been held with the South Florida Water Management District with Mr. Ken Talver and Mr. Carlos DeRojas. The District did not object to our proposal to provide .5" containment for this existing site. dO (3) " f ,i The undersigned hexeby petitions the Planning and Zoning Board to grant to the petitioner a variance to Article X "Parking Lot"r;". of Chapter 5, "Building, Housing and Constructj r, R, :' t at.i.~ ' . of the Code of Ordinances of the City of Boynton Beach, Florida, as it pertains to the property described in this application, and for the reasons stated below: Section, Subsection, and Paragraph number of specific requirement to which variance 1s requested, and exact language contained in the Code. sC'c.-nON t~ J MTIC!.LE l\ , PAMGIlA p~ H3 .' "SEe A'I~ t+ED '. Nature of Variance Requested: See A-l"IAc;-f-e'Q Statement of Special Conditions, Hardships, or other reasons Justifying the Requested Variance (attached additional sheets if necessary) : %'6 A iTft-C-tf8--P (I) (We) understand that this application and all papers or plans submitted herewith become a part of the permanent records of the Planning and Zonin'l Board. (I) (We) hereby certify that the above statements and the statements or showings made in any papers or plans submitted herewith are true to the best of (my) (our) knowledge. This application will not be accepted unless signed be~ow. = agent, C' /"./....j (:7 Signature of applicant Date: ,J -2-<2-~ 96 A:PkLotVar d.! 86/04/1996 09:38 40762593&4 LEE 5T ARKE'\, PAGE 03 S.ction 23, Artlcl. II. Paragraph H3 of the Boynton BQaoh Land Development R.egulatlons states the" following: "DleUlnae from eneta. Parking lot drivewllYs shall be constructed at least thirty (30) feet from the Intel1leotion of the right of way lines along local streets .md one hundred eighty (180) feet along streets of Ii higher cluslficalion.' !' ,; NATURE OF VARIANCE REQUESTED Aceesa to the Rlvervlew Shopping Center is provide through four major driveways, Two of thale elllstlng drive. are situated within the now required 180 foot. One of these. the northern acce!!!! to U,S. Highway #1 is to be cloSQd thereby eliminating the need for a variance. The remaining drive, the western access on Woolbright Road (S.E. 15th Avenue) is being modified to minimize the variance required. The West line of the West entry from Woolbright is 150.00 feet from the East line of U.S. Highway #1,The entry is being modified to be left turn In, right turn out. eliminating a oenter or left turn out lane, The drive will consist of I!l 14 foot Ingress IlIIne and a 12.5 egress lane or a total width of 28.5 reet thereby moving the west edge of the drive 8,6 feet farther from the intersection thereby reducing the amount of variance needed to 21,5 feet. Variance requll'8d: From 180 feet to 158.5 feet, a variance of 21.S feet _Iud d-1. STATEMENT OF JUSTIFICATION DISTANCE FROM STREETS Over thirty years ago, when this property was developed as the Causeway Shopping Center, there were no requirements for a 180 foot separation of access drives from major intersections. This center was developed with four major access points; two on Highway #1 and two on Woolbright Road, The bank parcel on the corner had its own access from U.S,#1and retains that access today, The bank shares an access from Woolbright Road and it is that access that now requires a variance due to its proximity to the intersection. In an effort to minimize the variances required, the developer will eliminate the North entrance on Highway #1 and will modify the West entry on Woolbright as outlined in the description of the nature of the variance. ;z3 (3) The undersigned hereby petitions the Planning and Zoning Board to gr.nt to' the petitioner'. variance to Article X "Parking Lots". of Ob.pt..1: 5, "8uS-letS-ne, lIau.lnll and Con8truct1.an ..gul.tlon.... of the Code of Ordinances of the City of Boynton Beach. Florida, as it pertains to the property described in this application, and for the reasons stated below: Section. Subsection, and Paragraph number of specific requirement to which variance is requested, and exact language contained in the Code: 5a:-TltJrU Z~/ Mr/(fE III $/(l(2.flGiWPH HE '?eE ATC'fj-CHe1) Nature of Variance Requested: SeE A"I~O Statement of Special Conditions. Hardships. or other reasons Justifying the Requested Variance (attached additional sheets if necessary) : ~ A~{J (I) (We) understand that this application and all papers or plans submitted herewith became a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and the statements or showings made in any papers or plans submitted herewith are true to the best of (my) (our) knowledge. This application will not be accepted unless signed below. Ct:. (,,/ (;,7 Signature of applicant or agent: ~-2~-<JA Date: A:PkLotVar 06/04/1996 09:38 4876259364 LEE STARKEY PAGE 84 Section 23, Article II. Plragl'lph HS of the Boyntcn Beach Land Development Regulations states thefollowlng: "CI8111ranc;e at major driveways. The minimum distance from the street, Iight-of-way line at any major Ingress or e9",88 driveway to any parking 8tall or the any interior access aiale havelng direct aocu. to .uch driveway .han ba one hundred (100) feet." NATURE OF VARIANCE RI!QUEiSTED: A variance from the 100' cle.rance Is hereby requested for the main entrance to the property from U.S, Highway #1 and for the western entrance to the property from Woolbright Road (S.E. 15th Avenue), Main Entrance from U.S, Highway #1: South side of main entrance, Varlanoe required: From 100 feet to 25 hI.t {South aide) North side of main entrance: Variance required: From 100 "at to 87 feet (North aide) Western Entrance from Woolbright Road (S,E. 15th Avenue) East and West side of entry: Variance required; From 100 feet to 25 '.t (East and We.t sldel ,.,,1"0 ::2c.f STATEMENT OF JUSTIFICATION: This property, originally developed as the Causeway Shopping Center, was planned, approved and constructed before the current land development code was adopted. At that time, it was common practice to provide parking bays in the manner reflected on the site plan; a sixty-five foot parking bay parallel to the street frontage. These bays are separated by two curb cuts and access to U.S. Highway #1, In an effort to conform to the present code, the developer will eliminate the North curb cut adjacent to the bank's entry, The South main entry cannot be eliminated; however, the landscape planter along the North side of the entry has been extended easterly a distance of 100 feet thereby eliminating the the possibility of a left-turn movement within the 100 feet. On the South side of that entry, the parking bay lies between the right of way and the building (Walgreens). The parking bay cannot be eliminated nor can the entry be eliminated, as a consequence, a variance is necessary for the right turn access to the bay. This movement does not offer the opportunity to cause a back-up created by a vehicle waiting for opposing traffic to clear. The West entry from Woolbright Road is similarly configured without the option being available to eliminate the access on the East side. The East entry, however, has been reconfigured to eliminate the need for a similar variance. ~~ E X H I BIT II F .. d2G ----"---- EXHIBIT "C" Conditions of Approval Project name: Riverwalk Shopping Plaza a.k.a. Causeway Square Shopping Center File number: PKLV 96-002 Reference:The olans consist of 1 sheet identified as Parkinq Lot Variance. File # PKLV 96-002. I DEPARTMENTS I INCLUDE I REJECT I I PUBLIC WORKS I I I Comments: NONE I UTILITIES NONE I I I Comments: I FIRE I I I Comments: NONE POLICE Comments: lo It is recommended that both existing driveways located on Woolbright Road be closed and a new ingress/egress be constructed more centrally located between both existing driveways. The single new driveway would allow safer ingress/egress for east bound, west bound traffic on Woolbright Road. 2 . It is recommended that the existing middle driveway on US No. 1 be closed and a new ingress/egress be constructed north of the US No. 1 pedestrian traffic signal crossing. This new ingress/egress would not conflict with the pedestrian crossing and would avoid stacking of vehicles into US No. lo ENGINEERING DIVISION Comments: 3 . Project is not in compliance with Chapter 23, Parking Lots, and specifically Section 2, Scope, page 23-1, which requires compliance II under any of the following conditions: A, When a parking lot serves an existing building(s) where said building is proposed to be enlarged or when an additional building is proposed to be constructed; " 4. The access point on Woolbright Road nearest Federal Highway is not only too close to Federal, but its geometry does not provide required throat clearance. A much better result would occur if a single entryway were provided on Woolbright, ~7 Page 2 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS INCLUDE REJECT 5 . The access point on Federal Highway in front of the Drug Store does not provide adequate clearance in the Drug Store parking lot and drive thru, To provide required throat clearance, the parking lot access to the drive thru should be completely closed or (preferred) the driveway to Federal itself should be relocated farther north. BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 6 . The applicant should have a written permit from the appropriate environmental regulatory agency(s) for storm water drainage into the Intracoastal Waterway. The agency(s) may not allow the reduction in on-site containment of storm water or may require certain types of drainage filtering structures to be installed for the project. PLANNING AND ZONING Comments: 7. It is recommended that the existing middle driveway located on US No. 1 be closed and a new ingress/egress driveway be constructed approximately 85 feet north of the existing driveway. The new driveway could align with the proposed access aisle that is located in front of the Winn- Dixie tenant space. It is further recommended that the location of the new driveway and the signalized pedestrian cross walk across US No. 1 be coordinated. :;{l Page 3 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 I DEPARTMENTS 8. If the Commission approves the variance request regarding the driveway distance and access aisle length of the west driveway located on Woolbright Road, it is recommended that a triangular shaped raised concrete median (shaped and positioned in the driveway to divert traffic in an easterly direction), a right turn only sign and a maximum 12 foot wide exit lane be installed on-site at the driveway. These improvements will direct the vehicles in an easterly direction to minimize the left turn movement. It is further recommended that the striping proposed for the ingress side (west) of the existing driveway be omitted and replaced with a raised curb landscaped island with lawn grass. The landscape island shall extend eastward to within 12 feet of the triangular shaped concrete median which is shaped and positioned to allow eastbound ingress traffic only. The shape of the island shall also be extended southward to a point that would create a 12 foot wide access aisle opening to allow vehicles to enter the outparcel bank site. These improvements will stop westbound traffic from entering the site at this point from US No.1, Lengthening the distance to the bank access will minimize the stacking of vehicles onto US No. 1 due to a current hairpin turn into the bank. 9. If the Commission approves the variance request regarding the length of the access aisle located on the south side of the existing middle driveway on US No.1, it is recommended that the eleven (11) parking spaces located adjacent to the access aisle be omitted and replaced with a maximum 12 foot wide one-way south bound access aisle. It is also recommended that the unused paved area resulting from removal of the parking spaces and reduction of the access aisle width be turned into a raised curbed landscaped area that includes trees or palms, shrubs and ground cover. de; I INCLUDE I REJECT I Page 4 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS INCLUDE REJECT 10. If the Commission approves the variance request regarding drainage, it is recommended that in addition to the new exfiltration system proposed, pollution control devices be installed at the two (2) stormwater outfalls into the Intracoastal Waterway and a management plan for maintenance of the pollution control devices be approved by the Director of Development and the Director of Planning and Zoning. The pollution control devices would improve the quality of water discharged into the Intracoastal, which was identified as a pollution source problem in the 1989 Comprehensive Plan. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. Delete comment 1. 12. Delete comment 2 . 13 . Delete comment 3 . 14. Delete comment 4 . 15. Delete comment 5. 16. Delete comment 6. 17. Delete comment 7 . ADDITIONAL CITY COMMISSION CONDITIONS 18. To be determined. TJH/dim a:ComPKLV.RIV!l 30