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
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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,
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/,5' b 'Ii _ ~', SECOND AMENDMENT TO
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,'. 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.
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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:
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DEPARTMENT OF DEVELOPMENT
Bulent I. Kastarlak, NCARB
Director
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MEMORANDUM
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CITY OF BOYNTON BEACH
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TO:
Bulent Kastarlak. Director of Development
Rose Marie Lamanna, Legal Assistan(]i
DEPARTMENT OF DEVELOPMENT
DATE:
June 26,1998
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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!.
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Encs. as stated
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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'
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'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.
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EXHIBIT
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7.D.l
PARKING LOT VARIANCE
RIVERWALK SHOPPING CENTER F.K.A.
CAUSEWAY SHOPPING CENTER
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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
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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
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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.
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APPLICATION FOR VARIANCES
TO PARKING LOT REGULATIONS
'~--fir~-'\!.;: :~ ., i,ll,
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\:11\1, l'. .---1"--'
PLANi.iNG AND
ZONillG IlEPt
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD'
.
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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.
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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.
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(3)
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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 ..
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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