REVIEW COMMENTS
lJEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 01-016
TO:
Jose Alfaro, Planner
Planning and Zoning Division
Department of Development
John A. Guidry \--/
Interim Director of Engineering ~ Co
H. David Kelley, Jr., PE/PSM~
CiviVUtility Engineer
THRU:
FROM:
DATE:
January 19,2001
RE:
Variance Request - South Wall Requirement
Riverwalk Shopping Center
Pursuant to your request in Memorandum PZ 01-005, dated January 10th, we have conferred with the
Utilities Department in reference to support utilities to the facility. Their response to this request is that
there are no utility conflicts "so long as the wall or fence is south of the existing pavement".
Based on the above, this Department has no objection to the substituted chain link fence in lieu of a code
required masonry wall (for screening purposes).
If you have any further questions, please contact the sender.
JAG:HDK:ck
C:\My Documents\Riverwalk Shopping Center, Variance Request
PlanniDl!: Division Memorandum- TRC
Subject:
Jose Alfaro, Planner
Kevin J. Hallahan, Forester / Environmentalist l<b-ff'
Riverwalk south wall variance application
To:
From:
Date:
January 16, 2001
I have reviewed the variance application and make a recommendation that the chain link fence
and hedge (native species) be installed to minimize damage to the existing mangrove trees
immediately adjacent (south) of the site. The existing mature mangrove root systems are
intertwined and located along the entire south property line. The residential properties south of
the Riverwalk site are currently buffered by the existing 30' -35 'height mature mangrove trees.
The installation of a chain link fence would be a minimal impact on the mangrove tree root
systems, in comparison to the construction impact of a masonry wall.
The masonry wall construction could be required to be constructed in the future if the property to
the south is developed and the mangroves removed by permit through the State Department of
Environmental Protection.
Kjh
File
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01-005
TO:
Dave Kelly, EngineeringlUtilities Civil Engineer
Kevin Hallahan, City Forester/Environmentalist
Jose A12~ ar~
Planner
FROM:
DATE:
January 10,2001
SUBJECT:
Riverwalk south wall variance application
Please review the attached documents describing the proposed variance and provide me with your
comments by January 12th. My concerns are related to disturbing of mangrove or any other vegetation
by constructing a proposed 6-foot chain link versus a required 6-foot masonry wall. I would appreciate
any other comment/concern that you may want to express. Please feel free to contact me at your
convemence.
JA
\\C/f;MAIN\SHRDATA\PLA~1'.n;G\SHARED\\VP\PROJECTS\RlVERWALK PLAZA JOr.-.'T VENTUREIMHlO TO D,KELLY-KHALLAHAN,DOC
Justification/Application
Woolbright & USl Variance
Application Item #5 Statement of special conditions, hardships"",
A. That special conditions and circumstances exist .....
The Riverwalk shopping center is located at the south east corner of Woolbright Rd, and
US 1 in the City of Boynton Beach, The north and west property frontages are bounded by
the Woolbright Rd, and US 1 right of ways, The east side is bounded by the Intracoastal,
and the south side is bounded by three different properties, The western most property to
the south is occupied by a McDonalds, The other two properties to the south are currently
undeveloped, and are heavily vegetated with native vegetation, predominately
mangroves,
The area in question is presently planted with a Ficus hedge which has grown to
approximately 4', There also exists a chain link fence in this area to provide a physical
barrier as well. As was previously mentioned in the cover letter, this Ficus hedge will
most likely grow to a height of 6' over the next year, effectively creating the visual buffer
that would be similar to that of a wall or solid fence, However, instead of being a harsh
man made element along the property, the hedge would blend into the existing vegetation
on the adjacent property, It would also create a softer look to the property to the south in
the event that it would ever be developed,
In addition, this property line on the south side of the site is the only location where a
wall would be required, Ko other walls are required for the site, and no other walls have
been installed on this south property line, The effect of placing the wall in the location
required, would create a look that is out of character for the rest of the buffer.
B. That the special conditions and circumstances do not result from ....
The current site conditions, and the fact that the property to the south is undeveloped and
heavily vegetated is not the result of action(s) by the applicant This is an instance where
the code will require that a man made, hardscape element be placed in a location where a
vegetative barrier makes the most sense, The code, in having to create requirements for
an entire city, does not take these situations into account, but does provide an option for a
variance to accommodate such cases,
C. That the granting of the Variance....
This variance will not relieve the developer from providing a visual buffer, and by the
hedge and chain link fence that has been installed, the developer has provided for the
intent of the ordinance, but in a more compatible way 10 the adjacent property,
D. That literal interpretation...
C:'Cindy'Leners\Justifications Ri\'Crwalk Shopping Ctr Boynton Beh 12-12,doe
The literal interpretation of the code would deny the flexibility for alternative design
solutions that are common in other sections, or requirements of the code,
E. That the variance granted is the minimum.....
This variance is the minimum necessary for the use of the land.
F. That the variance granted will be in harmony....
The proposed alternative is in keeping with the intent of the code, The purpose of a
masonry wall between properties is to create a visual and physical buffer. A vegetative
buffer, by itself, does not provide for a physical buffer since it is easily penetrated, but is
very effective in creating a visual buffer. Also, a chain link fence creates the physical
barrier, but does nothing for visibility, By combining these two elements into the same
buffer treatment, the effect is the physical and visual barrier that is similar to, if not more
pleasing than would be obtained with a wall.
C:'Cindy\Letters'Justifications\Riverwalk Shopping Clr B'lynlon Ikh 12-12,doc
EXHIBIT "e"
VARIANCE REQUEST
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS
RlVERW 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 intel'lJretation 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 an(i 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"
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 tbe goals of tbe requirement, i.e., visual separation for the
adjoining property. At the time the project was developed, over forty years
ago, tbe adjacent property was an over-grown, unoccupied and undeveloped
waterway maintenance spoil area owned by tbe 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 tbe 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 !\Of subject to development.
,
THE LEE STARKEY GROUP+ PLANNING AND ZONING CONSULTANTS+1t214 MARJORAM DRNE+ PALM BEACH GARDENS FLORIDA 33418 + 561775-0671 + FAX 561-625-9364