REVIEW COMMENTS
7.A.3
RIVERWALK PLAZA
ZONING CODE VARIANCE
(SOUTH BUFFER WALL)
WELOPMENT DEPARTMENT
lvlEMORANDUM NO. PZ 98-143
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Date:
May 8, 1998
File No:
ZNCV 98-005 (south buffer wall)
Location:
1606 South Federal Highway
Owner:
Riverwalk Plaza Joint Venture
Project
Name:
Riverwalk Plaza
Variance
Request:
Variance from the City of Boynton Beach Land Development Regulations, Chapter 2-
Zoning, Section 4.L - Buffer Walls, to allow a 6 foot high chain linked fence along the
south property line in lieu of the required 6 foot high concrete block buffer wall to separate
the Riverwalk Plaza from the abutting residential district.
Nature of Request
Lee Starkey, agent for the Riverwalk Plaza, is requesting a zoning code variance to seek relief from
constructing a buffer wall along the plaza's south property line, that is abutting residentially zoned
property. Construction of the wall became a requirement in connection with the July 6, 1996 conditional
use approval granted to renovate the existing center (which did not have a wall) and to install a drive-
through facility. This request is to substitute a 6 foot high chain link fence, with landscaping, for the 6 foot
high buffer wall that is required in the city's land development regulations, Chapter 2 - Zoning, Section
4.L (see Exhibit "A" - Site plan).
BACKGROUND
The Riverwalk Plaza is located at 1606 South Federal Highway, (see Exhibit "B" - Location map) and is a
9.55 acre site, located approximately 150 feet south and east of the southeast comer of US No. I and
Woolbright Road. The property is zoned C-3, Community Commercial, with a local retail commercial
land use designation.
The following is a description of the zoning districts and land uses of the properties that surround the
plaza:
North -
Woolbright Road and farther north is an existing multi-family unit
development, zoned R-3, Multi-Family Dwelling district.
South -
Undeveloped land, zoned R-3 and undeveloped land and developed
land abutting US I, zoned C-3.
East
Intracoastal Waterway and undeveloped land, zoned C-3.
I
Page 2
Riverwalk Plaza Joint Venture
File No. ZNCV 98-005
West -
US No. I and farther west is the Sunshine Square shopping center,
zoned C-3.
The code states that zoning code variances cannot be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in the same
zoning district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
d, That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter
[ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
ANALYSIS
As part of analyzing this request against the above criteria, staff evaluated the impact upon, and
consistency of the construction of a fence versus the required buffer wall with the character of the existing
neighborhood, and alternatives to avoiding the variance request. The city's land development regulations
require the erection of a masonry wall between commercially and residentially zoned property, The
location of the proposed fence is between properties with both designations, hence the requirement for the
masonry wall. The applicant states that an adequate fence has existed along the south property line for
many years and that the fence and landscaping should serve as a reasonable alternative to create the
required separation from the adjoining residential property (see Exhibit "c" - Statement of special
conditions, hardships and reasons for variance request). He goes on to state that the adjacent property will
most likely not be developed as it is owned by the Florida Inland Navigation District and that there is
insufficient room for a wall.
As per the approved Riverwalk Plaza site plan, there are 2.6 feet between the edge of pavement and the
property line, Within that width a 2.5 foot wide landscape strip with hedge and the buffer wall must be
provided. There are other developments within the city that have accommodated the same requirements in
this width.
With respect to ownership, the Florida Inland Navigational District uses the residentially-zoned property,
to the south as a spoils site. The city's comprehensive plan designates this site as a conservation overlay,
due to mangroves on the property, and allows additional density (up to 20 units per acre) beyond the 10.8
unit per acre maximum generally allowed in the city to balance preservation requirements. Ruling out the
potential developability of the property at this time is premature.
::<
Page 3
Riverwalk Plaza Joint Venture
File No. ZNCV 98-005
Lastly, the concern for screening the rear of this plaza has been heightened due to surrounding residences.
Planning and Zoning has received calls and letters from residents prior to, and after, hearing notices were
mailed. To allow a less permanent method of screening would be contrary to all the time and energy that
has been spent by staff to facilitate improving the rear view of the plaza,
RECOMMENDATION
Based on the above analysis, staff finds that the above criteria has not been met. Therefore, it is
recommended that this request by the Riverwalk Plaza Joint Venture for a variance from the City of
Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow
a 6 foot high chain link fence and landscaping along the south property line, in lieu of the required 6 foot
high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district, be
denied (see Exhibit "D" - Conditions of Approval).
S:\projects\Riverwalk\ZNCV\staff report
3
EXHIBIT "A"
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EXHIBIT "B"
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EXHIBIT "e"
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VARIANCE REQUEST
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS
RIVERW ALK PLAZA
BOYNTON BEACH, FLORIDA
Page 2
E. That the variance granted is the minimum variance that will make possible the
reasunable use of the land, building and structures
The fence and landscaping combination is a reasonable alternative to
accomplish the goals of the requirement, i.e., visual separation for the
adjoining property. At the time the project was developed, over forty years
ago, the adjacent property was an over-grown, unoccupied and undeveloped
waterway maintenance spoil area owned by the Florida Inland Navigation
District. A chain linked fence separated the properties then. Today, over
forty years later, the site remains over-grown, predominantly with wetland
specie, it remains unoccupied, it remains undeveloped and it remains in the
ownership ofthe Florida Inland Navigation District.
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The clear intent of this chapter is to provide separation of two dissimilar land
uses. At the time this project developed, there was no such intent. Hence the
Plaza developed as it is today, with insufficient space at the rear ofthe
buildings for the construction of a masonry wall with its attendant
foundations. The property to the South, owned by the Florida Inland
Navigation District, is undeveloped, lying between the strip commercial
along Highway #1 and the waterway. Much of the property would be
designated as wetland and not subject to development.
THE LEE STARKEY GROUP+ PLANNING AND ZONING CONSULTANTS+11214 MARJORAM DRIVE+ PALM BEACH GARDENS FLORIDA 33418.. 561 775-0671 + FAX 561-625-9364
Cj
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VARIANCE REQUEST
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS
RIVERW ALK PLAZA
BOYNTON BEACH, FLORIDA
A. That special conditions and circumstances exist which are peculiar to the land and
buildings involved and which are not applicable to other lands and buildings in the same
zoning district:
The Boynton Beach Development Code currently requires the erection of a
masonry wall between property with a commercial zoning designation and
one with a residential designation. When this property was developed, no
such requirement existed and the site was developed in the manner in which
it exist today.
B. That the special conditions and circumstances did not result from the action of the
applicant.
When constructed, the project conformed to the codes in effect at the time.
Revisions to the approved site plan and subsequent changes to the
development code created the necessity for the variance.
C. That the granting of the variance requested will not confer on the applicant any special
privilege denied by this ordinance to others.
This project is fully developed having been constructcd forty years ago. The
current activity involves a change in one of the major tenants and the
relocation of minor tcnants. Granting this variance will confer no special
privilcge not cnjoyed by every other similar forty year old developments
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and work unnecessary and undue hardship on the applicant.
There is not sufficient space to construct a footing and a wall along the
subject property line without removing paving and shell base. Removing the
paving would reduce the width of the access way creating a potentially
hazardous traffic condition. Thus would be the hardship to accomplish that
which can bc satisfied with the required irrigated landscaping and fencing.
THE LEE STARKEY GROUP.. PLANNING AND ZQNINGCONSULTANTS+11214 MARJORAM DRWE+ PALM BEACH GARDENS FLORIDA 33418 t 561775-0671.. FAX 56H25-9364
/0
EXHIBIT "0"
II
__________...,.~ 'm_ --- .-.-.-.-..--------~~----.-
EXHIBIT "D"
Conditions of Approval
Project name: Riverwalk Plaza
File number: ZNCV 98-005 (south buffer wall)
Reference: Zoning Code Variance application dated April 7. 1998.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
I. It is recommended that this request be denied.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
I 3. To be determined. I I I
Ibme
s:\projects\cond of appr\
1:/
DEVELOPME' ORDER OF THE CITY COMMISS \j OF THE
CITY' OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Riverwalk Plaza
APPLICANT'S AGENT: Lee Starkey
AGENT'S ADDRESS: 11214 Marjoram Drive, Palm Beach Gardens, Florida 33418
DATE OF CITY COMMISSION RATIFICATION: 5/19/98
TYPE OF RELIEF SOUGHT: Zoning Code Variance (south buffer wall)
LOCATION OF PROPERTY: 1606 S. Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
L HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
L DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
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