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AGENDA DOCUMENTS t--."xU 4q:, DO ':,~ C1 tV OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Metria'! Dates o November 17. 1998 o December 1,1998 o December IS, 1998 D January 5, 1999 Date Final Form Must be Turned in to City Clerk's Office November 6, 1998 (noon) November 20, 1998 (noon) December 4,1998 (noon) December 18,1998 (noon) Requested City Commission Meetinli! Dates o January 19. 1999 o February 2. 1999 o February 16, 1999 ~ March 2, 1999 Date Final Form Must be Turned in to City Clerk's Office January 8, 1999 (noon) January 22.1999 (noon) February 5, 1999 (noon) February 19, 1999 (noon) D Administrative 0 DevelQpment Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Publie Hearing 0 Legal D Bids 0 Unfinished Business D Announeement 0 Presentation RECOMMENDATION: Please place the request belQw Qn the Mareh 2, 1999 City Commission meeting agenda under Consent- Ratifieation Qf Planning and Development Board Actions. As you may recall, the Planning and DevelQpment Board at the May 12, 1998 meeting denied the requested varianee from the City of Boynton Beach Land Development RegulatiQns, Chapter 2 - Zoning, Section 4.L-Buffer Walls, to allow a 6 foot high ehain linked fence along the south property line in lieu of the required 6 foot high conerete block buffer walltQ separate the Riverwalk Plaza frQm the abutting residential district. At the May 19, 1998 City Commission meeting, the BQard tabled the request below to their June 16, 1998 meeting due to the agent, Lee Starkey requesting a thirty day postponement in order to aequire additiQnal data on existing site conditions related tQ the varianee request. At the June 16, 1998 meeting the item was tabled for 60 days and thereafter tabled till further notice from the agent. At the request of Michael Carey, General Partner of The Riverwalk Plaza JQint Venture, a letter was received to proeeed with the requested variance as previously requested. Staffhas not reeeived further information from the applieant. nor does staff believe any eireumstances have changed under whieh this request was originally reviewed. For further details pertaining to this request, see original Planning and Zoning Memorandum No. PZ98-143. EXPLANATION: PROJECT: Riverwalk Plaza AGENT: Lee Starkey LOCATION: 1606 S. Federal Highway DESCRIPTION: Request for a variance from the City ofBQyntQn Beach Land Development Regulations, Chapter 2- Zoning, Section 4.L - Buffer Walls, to allow a 6 foot high ehain linked fenee along the south property line in lieu of the required 6 foot high concrete bloek buffer wall to separate the Riverwalk Plaza from the abutting residential district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature ~ c--.:L- Acting Manager of Planing and Zoning City AllQrney / Finance / Human Resourees \\CH\MAIN\SHllDAT A\Pl.ANNTNG\SHARED\WP\PROIECTS\RJVERWALK\AGENDA ITEM REQUEST 3-2.99 v AA.DOC Agenda Regular City Commission March 2, 1999 B. Ordinances _1st Reading None C. Resolutions: 1. Proposed Resolution No. R99- Re: Second addendum to the Developer's Agreement for the Marina Project D. Other: 1. Accept the Judge's Final Order for attorney's (plaintiff) fees and costs in the amount of $94,300 in the case Jason Villano v. City of Boynton Beach, et al - Case No. 96-8559-CIV-RYSKAMP, U.S. District Court, Southern District of Florida 2. Discussion regarding Adult Entertainment Ordinance XII. UNFINISHED BUSINESS: 1. Detailed report on minority enterprise program XIII. OTHER: XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING. HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANQ, FOR SUCH PURPOSE. HElSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHleH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAl WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742,6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE' PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABL Y ACCOMMODATE YOUR REQUEST. FINAL. 2/23/99 2:18 PM JMP J:\SHRDATA\CC\WP\CCAGENDA\AGENDAS\030299.DOC 6 DEVELOPMENT DEPARTMENT - 1\1EMORANDUM 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 4.1. (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 1, zoned C-3. East Intracoastal Waterway and undeveloped land, zoned C-3. I Page 2 RiverWalk praza 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 fmds 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'a1lows 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. ..., d rage j kiverwalk 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 Zoni..,g 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 fmds 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\R,jverwalk\ZNCV\staff report /i --). EXHIBIT "A" d ,~JlIVJ l:lOJ aJ~YdJl:ld "'Wl'rn"'_' -.- ...._. 7"""~ YQIUutJ .u.:mO:J J!lDV3K 1Tl\'.1 'H:JY38 NOJ.HAOa """"""...,---:-'., \ " aYOl/ J.H:JIl/8100JA aNY r AJAH sn ~~j"'~~~'!~'~..-;'; H3J.N3J DNIddOHS }flVM.H3AIH ! ' : 1":'~ ! :,'. .; ;! - . -:,' z-.~- i f' ;~~ ~;: -:. i ;. \..: ~'..: ,",:' ,.,..>.oj - t i."'.t ~ ~; ~ . . : 1 ~ ~ . _ _ .; ~ 1 i lVf !I ! I Ii II' 11;1 Ih/ II. \ & t i ~ 8--if i ,OO'liOI J.t., r.QOs w => z w > <l I~ '1 i 't :;. . , . ..~ ~ 2 2 2!l ~ ~ ~ ~; ~ !:; !!nJ! a'lfl,11 1,11,,11 .. M !ii!m~! ;~ I::::~ : II n ~ I i .. i I ... ~ 0 ;5q~~ C<l , ~ ~ ~ t: ~ ;...... cn.~2!! ; ~ ~ .. .1 i . i . ~ ':, I ;c . ~ l\; t J i ... ---...:. i I .....'..1 1 .. . . .. ~ : . . . " ,0(1"8& ).t.. 1.00 ,_If .... . '''''u ~Ml.... " .l.8.l.Gt..- . . .r....J.'l10 I.n",..,.., '> . L-":. . 2 ~ t:...-......t:...... '0 2li lili322 ~H3p!! :... rG........ ~ i i J p :.pp ~ ~ ~ ~~ is ~~ i,~~~; ~ ~ ~~ ~~~~~. ~ ~ I~ ~~~~aigj . . i" -, I.!; ~ 'Il" . 111'i ~, II, ii I fL IL E 332 . ~ ! .. . .. . "- '- ..J ,..J --51: -i ~ I H -iiii - ~__ --=~ -- -.. - ------ -""- -n i ~ - !t S ! ". ,m b /" . . 33 . . ~ :6~1. 5' ; SI ::; 4\ I - . - .. . .0 ill i g ~f:i~ ~ i a ~ i l ~ ~ i= 9 h ~ ~ ~i - ~ n ! ~~ ~ a f' l ~ W L 1: ~ ; I ; ~ ":> -'\. -'- . ~ ': ~~ , ... i i ~ ~' " :::i:~, '---' E. :z wi _ I"f' Jj~ ~\: ~.~ ~ ~~ .A~~ - '^," . Q '-1'-- -- 'i-.... '~......., <.J","-.-. "'-~ ~~~~ . ~ , " ~N "- Z~ <r: -:l 0.. I w ~ c- ,1 --- I C/'J '.J - >- " ::. ~ ! ';) <r: t-.. :z: -. :=Eo -.' -:J~ W~ g: '~ EXHIBIT "B" j;, ~' L C)r-'~ATION MAP 1 - RIVERWALK SHOPPING' CENTER - ~ I 10 'T r-. ., , I . I i ~ l. .....~l~ . "'-~' .) .! I ; '" I 1 s I 1 e = +b" ~ [ l]j~i ,.. I I /i , \.- ;1 " ,I, ., ~ T?u." ,---- -)ft:Jt.I"'IC e .- L. .2)1 le-I i! ,~ r;:.- --. -.- . . ---1/ " ' t'~---' ./ '1 . - J-; ~. .....---; ;--4l i '1.=-:'-' /1 I~; 1/. , () -"""'-';', /, -~. 1-:--,. / / , I' (' ...L. LL-JJ// I _. .;JrU..:.- "'//[ ,':1'-11 i Ir.,'" I .LTC . .llf I_I-[---~ i ,T'C'F-=-='ir:-.m~ 11-'--/ ! ./~ I / i~', ~ ~ ~i) II /' r_._, -,-, nl, ~, ".! I ' . . -...---! '0 1/8 II II! II '0 ,100 SOO FEET ;'~..3..N.yIN:: .'~:,:.... '::;-9'6.- ~.-~ ~ ~.~-- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 7, 1998 March 20, 1998 (noon) 0 June 2, 1998 May 22, 1998 (noon) D April 21, 1998 April to, 1998 (noon) D June 16, 1998 June 19, 1998 (noon) D May 5, 1998 April 24, 1998 (noon) D Jnly 7,1998 June 26. 1998 (noon) ~ May 19, 1998 May 8, 1998 (noon) D July 21, 1998 July 10, 1998 (noon) RECOMMENDATION: Please plaee the request below on the May 19, 1998 City Commission meeting agenda under Consent-Ratification of Planning and Development Board Aetions. The Planning and Development Board with a 7-0 vote, reeommended denial of the varianee to allow a 6 foot high ehain linked fenees in lieu of the required 6 foot high eonerete bloek buffer wall. For further details pertaining to this request, see attaehed Planning and Zoning Memorandum No. 98-143, EXPLANATION: PROJECT: AGENT: lOCATION: DESCRIPTION: Riverwalk Plaza lee Starkey 1606 S. Federal Highway Request 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 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. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A :i.Ic:t,/~l~J2~ !t.1<-. Department Head's Signature City Manager's Signature Development Department Name -, / , ,-../,a; luff.; / Planning and Zon' \\CH\MAfN\SHRDA T A\PLANNTNG\SHARED\WP\PROJECTS\RlVERW ALK\ZNCV\AGENDA ITEM REQUEST ~-I 'l-98 DOC DEVELOPMENT DEPARTMENT . MEMORANDUM 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 4.1. (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, 1 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 Rivetwalk Plaza Joint Venture File No. ZNCV 98-005 We.t - 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. d Page 3 RiverwaIk 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. Pla11ning and Zoning has received calls and letters from residei1ts prior to, and after, hearing notices wei"e 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 repon 3 EXHIBIT "A" 4 --------..--...-..- ------~._-_..- - ~ -.,,,,- --" =:=::~~ . -- -.-.-- -.- .-. - -::;:::t:=: ---.-- ---. ~ ~-...- ~:;.,- =~::;.::, ~0f)[]'. ~.:;;u....IM..~,tl;=..~,.....:o;;jI \ , ~UI ....:::no:y!W <;;;;..')+ ~ .~3liVJ HOJ QJl:IYdJl:Id WOWtJ'JJ .u.:WOJ Jll)V311 Im.1 "!iJV38 NO!NJ.OB avoll !HOI1I8100M aNY I !.MH sn ..LN30 DNlddOHS )!1V M.Ci3A " :,,':l I ~. , 'i i- ~ ~ ~ p~I~~q . S I ' . ~ s ! ..: :c ~ .... . . . < , Ii: Ii: la: ~ ~ ~ ~g R ~ "S' ~ .. :: ..~ ~ tJ ~ ~I!J ! ;lllil.jl 1"1'" I ., ,f'll/li U ! 'Ii h'''. . j, r--- !u I::~~' I ' :. ~;I II !I M ~ t; ~ _ ; ; ; .c _,: , ~ j : ~,t.;.~ ~ J,;' . I -:'I'~ \~ ,~: !~i r~~l!~-it , , ~~ ..~-. ~ ~~ ~~~n ~ ... elfl........ . , -' ~~~-~~~j . ~ ~ . ~ ~ ~ ~ . . ~ , . . . . 2 b ~~~I~ "H ~ ~ N' ~ . . . ~ . . m..m,.' : 11 - ~ ;;---:0 "I; ~ , ~ - . , .. i I ~ A:a c~~~9 w ~ ~ ~~ ~~!si - .. . .. !i~ ~ ~ a f i 21.'J . il 2 ! I ~ ~ ~ d I : ;~ i ~ ! P H ~~ BW i.iiiii; ~ ~ ~ ~ iLl t ~ ~ -:;; q~ .~1~~. ~ ~ ~ w , C \ ... ,~" ~~~. . 0 ~ a , Q- 1.<...3S,. ;/1-1- i lvr i__ .1 ~ i f i I . I I j I. I'!l Ill! 1111 \ ~ " I ., .0 . ~iU f ~ i :;---...,,; i ....1.., , " . . , .) : . ~ . , & B ! ~ r3-4 . .... ! .CO'SlDI ..... 3.lt. 1.00S .'91;1(' ~~ ~ . I " II ~ tal ~- hi; 'I(I I"l " IU, '- I I I IJ ...I ,...I .r~ I , " =(> '" c. ~ , ~ ....... '0 ~ , I j V' .". 'C/ == ~ l . ~.~ ~ ,,"~,;; ,,""-'.l .. r ~; j ~ 2' ~, 2$'~ ~ :J. ---..." , ~: ..,.. 1'0 ~' , \ J1~ 0" ,~ 0;: '>J '- ' ~'- :\ '" :l .. 'iR -\:.~ -".I'> Q.... \' '-f,::::: '~'"" ~ "', ~ \!~~:: ' - - - ,. ~ ~ ~N <;.. Z~ <r: -J 0.... EXHIBIT "B" G LO~ATION MAP' '- RIVERWAL-K SHOPPING' LcNTER ., "''110''''11'",",''.'""[1 J;.i..r.~ ~ ,rr.mf ..~,---'-- _.,'--.J I. ' "_~. '_'_ 1(1 _ . II~ MlApl=r'i--' F ' ~. , "~"--. ....,... -~ I I ' -I -- .. .. ',' ,:'. .'\ J.I " f--, 1_ -- :, i r,' 1 T ' --,n .:. " :II TT II -,' E:i ""IIIi1'I'I, II , fic' ' ! I I I II J :~~ I' :~ I , ~ ~ i CbH ,i"1Ilii U:~I~1 --. ' IT I ' ! I' I I - .J\U : fR . -f ." __ c::- ;TI)-e: I ! ,ri ;, '.J{~7~; .;JljJ I ~, ' ... ',1 ~i=, ::, : 'rt,.; ~ ll~:, ,':13+fI j t!Hl U tHt~@ lID '::_= =_ '=,' \.. [" r' . ~~g i!:i Tn m '" ~D=' '=j 'C,-l ~, , I, rr': '11,;l!nllll':rr;; -'= 'I I~ J' ---:_.~b..~ 'i 'J - m" - . C '1'= ~ ! j ~::~"3 :..,.i'~11I ' · +11 fllW' " d/ e ~==+-+- " I!r:jg lliIffiill] i rr~.. ill ~ ; 11 ' ,:0' 51'1 I JQ~'ti:(1 "l'I!naE"lfTTI TI ' , ;;;', C >o,J L' I --. II~:::::~I!~';~; u ' 1\ ~ lif:.: ~ - , o:rr.: i ~ --..._ L~r :t-. .:' ,J,,~ un\ ~ ' E -' ~:g < &r - -=-nfl-IIn ':r~11J1il~7 '. J: . T. {~;~~)-'ll'i J~IiJ,HiIfhTI p!riITJj . a\~:" l 11111 r~\,.-; I /' -U' , I~ :'Tn'4~ 11 f#iL '[U "- ,#"? IT "'"-'C /1 {I ( , :!I .,~" , I ill ' !:R-3~1 I ,1/.'r-.'7"=~-] , ..... ., - l -L- .- /./ I \ 1111[1' '" ,b ," ~- ..,. '/;""l_I'~ J ,f \,., J ';;:;'i '"""v~'d:'U c:f::;C:/~(ml-'llJL / II' Gal }- . '(. j if.: -i-: .Iff ' I I : ' f] I ,G=/ - -ffJ Jj::'7t r= ;~' f",_. liH#[J'r/ LYII~~~' .: ~I --li~- -- - "':'" ,mt:J~/ / pl,_1 '_1'_- . , "'l , g"',d"'''. i'" -- I' , , -1- f'L'" ~ - "-,,, -=) . ,.j.Ll.:.L: ' 'I~.', " - ;"', ' :U~_:= '~). _' '/.. ,e;,., y' f-'" r ff ~TB"'~-J.' Cd ~ =, ~"~,' .~?f -. ~';~- r l . ~Ifi ~,.,.,...+",,7 ~ _.' : ' II el! .' I ,.. ' .., - I 1/T' III' ,'Il!:C2 "I: Ii -11 - ,,' i .L 'Uf:fi"R> : , 1'" ~ llll ~I:.I .~ lr ,I .-. ~~' / t; Ll. OJ :1(;07-') '- U U " r:.\t:: ~ .-1 ~.:,L;- -~11l Hi ;(r1,;":J..l,..; f~~lo: ~'llur ..-: I:nm III' ,:rA~ ~~EC l~~ ..'"t!<! --I , ... _'llJ..L' -I;, ",__, _ R:3 I , //')~~~ ~~ L~ ~:3 o 1 {S MILESI" I I?'.' I: \ 11111 I I. ,/ i )/f1\ '. I , '0 .4~O 8?~N~~~T ?E.N' ~JJ ~ f; Vi: 1\ . -.---------.".-.- --~---.- EXHIBIT "e" '? V ARIANCE 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 of the 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 of the 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 ANQ LONING CONSUl TANTS..'12~4 MARJORAM DRIVE+ PALM BEACH GARDENS FLORIDA 33418'" 561 nS-0671 ... FAX 561.625-9364 CJ ~ ~ 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 constructed forty years ago. The current activity involves a change in one of the major tenants and the relocation of minor tenants. Granting this variance will confer no special privilege not enjoyed 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 be satisfied with the required irrigated landscaping and fencing. THE !..EE STARKEY GROUP+ PLANNING AND ZONING CCNSUlTANTS't-11214 MARJORAM DRIVE'" PALM BEACH GARDENS FLORIDA 33418 + 561775-0671 + FAX 561-625-9364 10 EXHIBIT "0" / I EXHIBIT "0" Conditions of Approval Projeet name: Riverwalk Plaza File number: ZNCV 98-005 (south buffer wall) Referenee: Zoning Code Varianee applieation dated April 7.1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS X Comments: None UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. It is recommended that this request be denied. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Denied. X ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /dim J\SHRDATA\PLANNING\SHARED\WP\PROJECTS\RIVERWALK\ZNCV\COND. OF APPR.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE C"-Y OF BOYNTON BEACH, FLORlr- 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 J:ISHRDA T AIPlanninglSHAREDlWPIPROJECTSIRivelWalklZNCVlDEVELOPMENT ORDER.doc EXHIBIT "D" Conditions of Approval Project name: Riverwalk Plaza File number: ZNCV 98-005 (south buffer wall) Referenee: Zoning Code Variance application dated April? 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: \. It is recommended that this request be denied. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Denied. X ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\R1VERWALK\ZNCV\COND. OF APPR.DOC