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AGENDA DOCUMENTS I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\1 Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D November 21, 2000 D December 5, 2000 D December 19, 2000 D January 2,2001 NATURE OF AGENDA ITEM November 9, 2000 (5:00 p,m,) D January 16,2001 November 22,2000 (5:00 p.m.) [8] February 6,2001 December 6,2000 (5:00 p.m.) D February 20,2001 December 20,2000 (5:00 p.m.) D March 6, 2001 January 3, 2001 (5:00 p.m,) January 17,2001 (5:00 p.m.) February 7, 2001 (5:00 p.m,) February 21,2001 (5:00 p,m,) D Administrative [8] Consent Agenda D Public Hearing D Bids D Announcement D Development Plans D New Business D Legal D UnfInished Business D Presentation RECOMMENDATION: Please place this request on the February 6, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request be approved, conditioned upon the replacement of the existing fIcus hedge with a compatible native species, maintenance of hedge at six (6) feet, and that a buffer wall be installed when residential development occurs on the adjacent property. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-009. EXPLANATION: PROJECT NAME: AGENT: APPLICANT: OWNER: LOCATION: DESCRIPTION: RIVERW ALK PLAZA JOINT VENTURE - BUFFER WALL Land Design South N/A Riverwalk Plaza Joint Venture 1532 S. Federal Highway Request for a variance from City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain linked fence along the south property line in lieu of the required six (6) foot 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 ~ {..J~ Planning and 0 I g Director City Manager's Signature City Attorney / Finance / Human Resources Development Department Director \\CIf,MAIN'SHRDA T A\PlanninglSHAREDI WP\AGE~DAS\CITYCOM~r.cc :,".0 I Agenda Request. RIVER WALK PLAZA - BUFFER WALL-dol EXHIBIT "D" Conditions of Approval Project name: Riverwalk Plaza Joint Venture File number: ZNCV 00-021 (south buffer wall) R fI Z' C d V ' r' d dD b 13 2001 e erence: omng 0 e anance aoolIcatlOn ate ecem er 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: X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. Wall to be designed and constructed to minimize damage to the adjacent wetland. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS COMMENTS: Conditions of Approval 2 Riverwalk Plaza Joint Venture 01/25/01 DEPARTMENTS INCLUDE REJECT 2. Replacement of the existing ficus hedge with a compatible native species, maintain hedge at six (6) feet and a six (6) foot buffer wall to be constructed when residential development occurs on the adjacent property. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. MWR/blw J:ISHRDATAIPlanningISHAREDlWPIPROJECTSIRiverwalk Plaza Joint Venturelcond. of approval-CC-2-6-01.doc 7.A.l RIVERWALK PLAZA JOINT VENTURE (BUFFER WALL) VARIANCE , ~VELOPMENT DEP ARTMENl MEMORANDUM NO. PZ 01-009 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Date: January 12,2001 File No: ZNCV 00-021 (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 six (6) foot high chain linked fence along the south property line in lieu of the required six (6) foot high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. NATURE OF REQUEST Robert Bentz of Land Design South, agent for the Riverwalk Plaza, is requesting a zoning code variance to seek relief from constructing a solid buffer wall along the plaza's south property line that is abutting a 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 shopping center (which did not have a wall) and to install a drive-through facility. This request is to place a six (6) foot high chain link fence, with landscaping, to substitute the six (6) foot high buffer wall that is required by 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.1 and Woolbright Road. The property is zoned C-3, Community Commercial, with a local retail commercial land use designation. Part of the plaza south property line abuts a parcel zoned R-3, Residential Multi- family. The code requires a solid masonry buffer wall, six (6) foot high, between commercial and residential zoning districts. In July of 1996 the plaza was granted a conditional use to renovate the then existing shopping center. In April of 1998 the plaza owners applied for a similar variance to allow a chain link fence in lieu of the required solid wall. The request was denied at the May 5, 1998, Planning and Development Board meeting. The variance was subject of subsequent postponements at the applicant request, until March 2, 1999, when the City Commission ratified the action of the Planning and Development Board. Page 2 Riverwalk Plaza Joint Venture File No. ZNCV 00-021 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 both undeveloped land and developed land abutting US 1, zoned C-3. East Intracoastal Waterway and undeveloped land, zoned C-3. West - US No. 1 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: Q. 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 both an adequate four (4) foot high chain link fence and a fichus hedge 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). The applicant also indicates that the adjacent property will most likely not be developed as it is owned by the Florida Inland Navigation District (FIND) and that there is insufficient room for a wall. Page 3 Riverwalk Plaza Joint Venture File No. ZNCV 00-021 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 and use potential, 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 High Density Residential (10.8 dwelling-units-per-acre) and a conservation overlay, due to mangroves on the property. Lastly, the Planning and Zoning Division has recently received three (3) general inquiry calls without expressing any opinion, and one letter from a nearby resident expressing opposition to the request. RECOMMENDATION The current use and natural characteristics of the adjacent, residentially-zoned property do represent special conditions and circumstances which make the subject property, and namely that portion of the property subject to the wall requirement unique. These characteristics could possibly even render the property undevelopable, thereby reducing the need for a solid buffer. However, given the current residential zoning, the close proximity to the water front, and the rising value of, and demand for land, the ultimate development of the land should not be totally disregarded. Alternatively stated, the current special conditions may not be permanent. Although one may consider the requirement that the desired fence be replaced by the buffer wall at the time when the adjacent property is developed, there may not be the leverage necessary to require the timely construction of the wall, and depending on when the adjacent property is developed, this requirement may be difficult to monitor and be lost over time. Therefore, staff recommends that based on the lack of hardship, this request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain link fence and landscaping along the south property line, in lieu of the required six (6) foot high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district to the south, be denied. It should be noted that in acknowledgment of comments received from the City Forester/Environmentalist who favors the fence over the wall to minimize impacts upon the adj acent mangroves, the required wall should be designed and constructed to minimize any impact on the adjacent property, and damage to the adjacent wetland. Depending on parking lot elevation and design, the wall may minimize drainage flow into the wetland as ultimately to be reviewed by the City Engineering Department. This condition and any other condition recommended by the Board or the Commission will be included in the Exhibit "D" - Conditions of Approval. J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Riverwalk Plaza Joint Venturelstaffreport south buffer wall,doc _ ~~_ ~ E"uB\1'" ,,1\" ~ \~ _ ._ ..""" .u."" ..'" "".1 '."" ~~\:' ' "r 1\ , " ~ \ \ , I ,,::~'plH"';\1I:ldg:1dOOOtl..T~stW ~l~\fHaal\lh ~ . - , ~ <1",~I~"'''' l~ .. ft "' <I ~ Ii:. ,:) 'A \, ! Ii:. Ii:. lL~ ~ ~ ~~ ~ $ '1; ; G ~ ... 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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~i Granting this variance will confer no special privilege not enjoyed by every other similar forty year old developments D. That literal intel1Jretation 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 LEE 5T ARKEY GROUP. PLANNING AND ZONING CONSUL TANTS+11214 MARJORAM ORNE- PALM BEACH GARDENS FLORIDA 33418 + 561 775-0671 . FAX 561-625-9364 EXHIBIT "G" 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 tbe 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 ~t subject to development. , THE LEE STARKEY GROUP. PlANNING AND ZONING CONSULT ANTS+ 11214 MARJORAM DRNE+ PALM BEACH GARDENS FLORIDA 33418 + 561 775-0671 + FAX 561-625-9364 7.A.l RIVERWALK PLAZA JOINT VENTURE (BUFFER WALL) VARIANCE his~ -,-,VELOPMENT DEPARTM_ ,T MEMORANDUM NO. PZ 01-009 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Date: January 12, 2001 File No: ZNCV 00-021 (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 six (6) foot high chain linked fence along the south property line in lieu of the required six (6) foot high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. NATURE OF REQUEST Robert Bentz of Land Design South, agent for the Riverwalk Plaza, is requesting a zoning code variance to seek relief from constructing a solid buffer wall along the plaza's south property line that is abutting a 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 shopping center (which did not have a wall) and to install a drive-through facility. This request is to place a six (6) foot high chain link fence, with landscaping, to substitute the six (6) foot high buffer wall that is required by 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.1 and Woolbright Road. The property is zoned C-3, Community Commercial, with a local retail commercial land use designation. Part of the plaza south property line abuts a parcel zoned R-3, Residential Multi- family. The code requires a solid masonry buffer wall, six (6) foot high, between commercial and residential zoning districts. In July of 1996 the plaza was granted a conditional use to renovate the then existing shopping center. In April of 1998 the plaza owners applied for a similar variance to allow a chain link fence in lieu of the required solid wall. The request was denied at the May 5, 1998, Planning and Development Board meeting. The variance was subject of subsequent postponements at the applicant request, until March 2, 1999, when the City Commission ratified the action of the Planning and Development Board. Page 2 Riverwa1k Plaza Joint Venture File No. ZNCV 00-021 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 both undeveloped land and developed land abutting US 1, zoned C-3. East Intracoastal Waterway and undeveloped land, zoned C-3. West - US No. 1 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 ofthe 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 ofthis chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. ANAL YSIS 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 both an adequate four (4) foot high chain link fence and a fichus hedge 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). The applicant also indicates that the adjacent property will most likely not be developed as it is owned by the Florida Inland Navigation District (FIND) and that there is insufficient room for a wall. Page 3 Riverwalk Plaza Joint Venture File No. ZNCV 00-021 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 and use potential, 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 High Density Residential (10.8 dwelling-units-per-acre) and a conservation overlay, due to mangroves on the property. Lastly, the Planning and Zoning Division has recently received three (3) general inquiry calls without expressing any opinion, and one letter from a nearby resident expressing opposition to the request. RECOMMENDATION The current use and natural characteristics of the adjacent, residentially-zoned property do represent special conditions and circumstances which make the subject property, and namely that portion of the property subject to the wall requirement unique. These characteristics could possibly even render the property undevelopable, thereby reducing the need for a solid buffer. However, given the current residential zoning, the close proximity to the water front, and the rising value of, and demand for land, the ultimate development of the land should not be totally disregarded. Alternatively stated, the current special conditions may not be permanent. Although one may consider the requirement that the desired fence be replaced by the buffer wall at the time when the adjacent property is developed, there may not be the leverage necessary to require the timely construction of the wall, and depending on when the adjacent property is developed, this requirement may be difficult to monitor and be lost over time. Therefore, staff recommends that based on the lack of hardship, this request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain link fence and landscaping along the south property line, in lieu of the required six (6) foot high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district to the south, be denied. It should be noted that in acknowledgment of comments received from the City ForesterlEnvironmentalist who favors the fence over the wall to minimize impacts upon the adjacent mangroves, the required wall should be designed and constructed to minimize any impact on the adjacent property, and damage to the adjacent wetland. Depending on parking lot elevation and design, the wall may minimize drainage flow into the wetland as ultimately to be reviewed by the City Engineering Department. This condition and any other condition recommended by the Board or the Commission will be included in the Exhibit "D" - Conditions of Approval. J:\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Riverwalk Plaza Joint Venture\staff report south buffer wall.doc ~ ______- ~ E"L1\Q\1"" " 1\" _ ~ ~J - - ~<!~~J ., "" ..", "",' '",'" "",,, 1 "" D. \ " . ~ \\ ^. '~~\\\l J\O,""'OO' 0.' \ "",. sn , ".- ~ \A'i; """ ""':) OIUddOl\S WW!Il.l1",l\lll-- . ~ V" a""''''' · ~ ~ u ~ ~ 1- ~, ~ \ ' ~,:~" ~~ \ Ii ~ . . .: :: \\\. 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Wi IlliI ,Ii'l ~c" ;w'..\- . " L. ~ . I' d~:"1~ "lJ[: ~;~cr'" r"_ '. ~f~:'~J.' ,- '~~'i~:b:~' j ',L c.Fl, hfY')' _ g ~.~'. -.' .. .' --. .\,,,;s~ ~\ LI.- ,l\\\I :~r=.-dY~-:'i; i :':":' ,:' ;; I';". ; I~' i'~,'l,!J .~~ ,. , '\till ., '" ~. ' ,~ ' ,y-- .' ,.... , ',':T1i'i 11\ ~ il ,< Ff --~ :3 FI EC 1 ,,,,,,,t':;;) . . . :,L .:J , \, I ffi fTl lu j ,r., ': .=' . .. 1 fll~. ' - .. " .> ' ""' .., ~., . I o 1/8 MIL~SrJ1 ~ ~ rP7i L.'j c:~'" :' \\\\\ \ \ . "--l/rT'^ I /) ~\'-: '~ .100 8(),O,f,,!".T ,".J, 11 !I ' - · , __IN f, t> tll~'Y:1f 'P",,' 4 .------- EXHIBIT "e" 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;iGranting 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 LEE 5T ARKEY GROUP- PlANNING AND ZONING CONSUl TANTS.11214 MARJORAM DRIVE- PALM BEACH GARDENS FLORIDA 33418 . 561 775-0671 . FAX 561-625-9364 EXHIBIT "e" 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 tbe 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 npt subject to development. , THE LEE STARKEY GROUP+ PlANNING AND ZONING CONSUl TANTS+11214 MARJORAM DRIVE+ PALM BEACH GARDENS FLORIDA 33418 + 561 n5-0671 + FAX 561-62$-9364 DEPARTMENT OF DEVELOPMENT MEMORANDUl\I NO. PZ 01-001 TO: Sue Kruse City Clerk .l16t::- FROM: Michael W. Rumpf Director of Planning and Zoning DATE: January 03,2001 SUBJECT: Riverwalk Plaza Joint Venture Zoning Code Variance 00-021 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. Checks in the amount of $489.42 to cover the review and processing of this application have been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the January 23, 2001 Planning and Development Board meeting. Please advertise in the newspaper and notify property owners accordingly. J \SHRDATA\Planning'-5HARED\WP\PROJECTS.,Riverwalk Plaza Jomt Vemu.re\Legal notice for RI\:e,,\.'ali.. Plaza Joint doc r TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Ri vefW'alk Plaza Joint Venture Request: Request a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain linked fence along the south property line in lieu of the required six (6) foot high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. Location: 1532 South Federal Highway Legal: Complete legal description on file in the Planning and Zoning Division, 100 East Boynton Beach Boulevard, BOynton Beach, Florida. A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT CITY HALL, COMMISSION CHAIVIBERS, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH FLORIDA, ON TUESDAY, JANUARY 23, 2001, AT 7:00 P.M. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLt\. ~NING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST January 08,2001 - ':QUEST FOR PUBLISHING LEGAL 1. JTlt.:ES AND/OR LEGAL ADVER1.l~Eh.l.ENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planning and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: January 03,2001 BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance for Riverwalk Joint Venture, elimination of wall requirement. Planning and Development Board meeting to be held on January 23,2001, at 7:00 p.m. at the Citv Hall Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners (postmarked January 08,2001) within 400 foot radius of the subiect property, applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: Januarv 08,2001 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: January 05, 2001 APPROVED BY: (1) YC{)~ ( Originator) /, G ~7'- 0 t' (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: