REVIEW COMMENTS
)EVELOPMENT DEPARTMENT
J:LANNING AND ZONING DIVISIO~
MEMORANDUM NO, PZ 02-107
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT BOARD AGENCY AND CITY COMMISSION
June 4, 2002
Meeting
Date:
June II, 2002
FileNo'
ZNCV 02-012 Buffer wall
Location:
South side of Woolbright Road,just east of the Riverwalk Plaza and west of the Intracoastal
Waterway
Agent!
Owner:
Joe Peterson of Slattery & Associates/Riverwalk Plaza Joint Venture
Project
Name:
Woolbright Grill
Variance
Request:
Request relief from Chapter 2 -Zoning, Section 4.L requiring a six (6) foot high stucco
masonry buffer wall to separate a commercial district from the abutting residentJal district,
to allow a six (6) foot high chain linked fence with landscaping along the southernmost
property line.
NATURE OF REQUEST
Joe Peterson of Slattery & Associates, agent for Restaurant Holdings, Inc., is requesting a zoning code
variance to seek relief from constructing a solid masonry buffer wall along the south property line that is
abutting a residentially-zoned property The site is located on the south side of Woolbright Road, just east
of the Riverwalk Plaza and west of the Intracoastal Waterway (see Exhibit "A"-Location Map).
Construction of the wall became a requirement in connection with an application for site plan approval for
a restaurant. The restaurant will be constructed on a property comprised of two irregularly-shaped parcels
(Parcel I-north and Parcel 2-south), which will be combined in order to plan for a 210-seat restaurant.
Parcell will be the area where the restaurant will be built and Parcel 2 will be used as a parking area (see
Exhibit "B"-Proposed Site Plan). This request is a prerequisite to placing along the south property line of
Parcel 2, a six (6) foot high chain link fence, with landscaping, in place of the six (6) foot high buffer wall
that is required by the City's Land Development Regulations, Chapter 2 - Zoning, Section 4.L..
BACKGROUND
The subject site is located between the Riverwalk Plaza and the Intracoastal Waterway The subject
property, totaling 0.69 acres, is currently zoned C-3, Community Commercial district with a Local Retail
Commercial land use designation. The subject site (specifically Parcel 2) abuts to the south a parcel zoned
R-3, Residential MultJ-family The code requires a solid masonry buffer wall, six (6) foot high, between
commercial and residential zoning districts.
The following is a description of the land uses and zoning designation of the properties that surround this
site:
Page 2
Woolbright Grill Buffer Wall
File No. ZNCY 02-012
North. Woolbright Road right-of-way; farther north is developed with multi-family apartments
(Gulfstream Apartments) with a High Density Residential (HDR) land use designation and zoned
Multi-family Residential (R-3);
South. Vacant property with a High Density Residential (HDR) / Conservation Overlay District land use
designation and zoned Multi-family Residential (R-3);
East: Intracoastal Waterway right-of-way, farther east are developed townhouses (Ocean Ridge Yatch
Club) in the Town of Ocean Ridge zoned Medium Density Multi-family Residential (RMM); and
West: Riverwalk Shopping Plaza with a Local Retail Cornmercial (LRC) land use and zoned
Community Cornmercial (C-3).
ANALYSIS
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 bv 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 bv 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 stnlcture.
f That the granting 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.
As part of analyzing this request against the above criteria, staff evaluated the impact upon the character of
the existing neighborhood, alternatives to avoid the variance request, and consistency of the construction
of a fence versus the required buffer wall. The city's land development regulations require the erection of
a masonry wall between cornmercially-zoned and residentially-zoned properties. The location of the
proposed fence is between properties with both designations, hence the requirement for the masonry wall.
The applicant states that: "The property in question abuts an existing "Mangrove" habitat. The purpose of
this ordinance is to provide a visual and noise barrier between the residential and commercial properties."
A six (6) foot high chain link fence supplemented with required landscaping should serve as a reasonable
alternative to create the required separation from subject property and the adjacent wetland (see Exhibit
"c" - Statement of special conditions, hardships and reasons for variance request). In addition, the
applicant also indicates that the construction of this wall and foundation could disturb and damage a
sensitive eco-system.
With respect to ownership and use potential, the Florida Inland Navigational District (FIND) owns and
uses the residentially-zoned property to the south as a spoils site. Furthermore, based on previous staff
Page 3
Woolbright Grill Buffer Wall
File No. ZNCV 02-012
findings, it has been confirmed that the adjacent property will most likely not be developed, and that there
is insufficient room for a wall. It should be noted that the city's comprehensive plan designates this site as
High Density Residential (J 0.8 dwelling-units-per-acre) with a conservation overlay, due to the presence
mangroves.
As shown on the proposed site plan, the width of the parking area on Parcel 2 totals 65 feet. Within that
width the applicant is proposing parking stal1s on both sides (parking stall dimensions are 9 feet by 18 feet)
with a minimum required driveway width of 24 feet, leaving five (5) feet for landscaping along the south
property line of Parcel 2. The code requires a five (5) foot landscape buffer between a common lot line and
an off-street parking area when a cornmercial district abuts a residential district. The code also requires a
six (6)-foot high masonry wall setback two (2) feet from the property line. Within that remaining buffer
width of five (5) feet, a masonry wall and a landscape strip are required. The strip of land remaining is
insufficient to meet both code requirements. Therefore, staff agrees that the applicant has demonstrated
that approval of this request is the minimum necessary to make possible the reasonable use of the property
Lastly, it should be noted that in January of 2001 the City approved a similar variance for the Riverwalk
Plaza project, to al10w a chain link fence with landscaping in lieu of the required solid masonry wall. This
previous application included similar justifications to the subject application.
RECOMMENDATION
The current use of the adjacent residential1y-zoned parcel as a Florida Inland Navigational District (FIND)
spoils site, and the existence of mangroves on this property represent special conditions and circumstances
affecting the requirement for a buffer wall. The FIND site will likely not be developed in the near future,
thereby reducing the need for a solid buffer wall. However, given the current residential zoning, the close
proximity to the waterfront, and the rising value of, and demand for land, the ultimate development of the
land should not be totally disregarded. Similar to the previous wal1 variance approval for the south buffer
of the plaza, staff recommends as a requirement that the requested fence be replaced by the buffer wal1 if
and when the adjacent property is ever developed (see Exhibit "D" - Conditions of Approval). The erection
of the stucco masonry wal1 could contribute further to the disturbance of this fragile eco-system. It should
be noted that the City Forester/Environmentalist favors the fence over the wal1 to minimize impacts upon
the adjacent mangroves. Also, it is evident that the remaining five (5) foot strip of land represents a
chal1enge to accornmodate both the required landscape buffer and the masonry wall.
Therefore, staff recommends approval of this request for a variance from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Wal1s, to al10w 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 a commercial district from the abutting residential district to the
south. To maintain consistency along the southern property line, it is recommended that the proposed fence
be supplemented with the same native hedge material as approved for the Riverwalk Shopping Plaza
ZNCV 00-021
Staff conditions and any other condition(s) recommended by the Community Redevelopment Agency
Board or the Commission wil1 be included in the Exhibit "D" - Conditions of Approval.
J.\SHRDATA\PlanningISHAREDIWP\PROJECTS\Woolbright GriIl\ZNCV Ol-OI2\slafTrepon south buffer wall doc
Location Map
Woolbright Grill
EXHIBIT "A"
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WOOLBRIGHT GRILLE
700 WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
CITY OF BOYNTON BEACH, flORID....
S.L 15TH "V[I'WE
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09 25
SL~~TERY AND ~SSOCIRTES ~ 15617~2S259
NO. 535 ~03
EXHIBIT "C"
-ATEMENT OF SPECIAL CONDITIO.
5: A.TIlE NORTH SIDE SETBACK FOR THIS PROJECT HAS BEEN INCREASED DUE TO IT'S
RELATIVE ADJACENCY TO A RESIDENTIAL ZONING DISTRICT HOWEVER, IN THIS CASE,
THE RESIDENTIAL PROPERTY OCCURS ACROSS WOOLBRIGHT MAD AND THE BIUDaS
OVER THE INTRACOASTAL WATERWAY
B: THE APPLICANT IS PROPOSING PARTIAL RELIEF FROM THIS INCREASED SETBACK,
BECAUSE OF THE NATURE OF THE SITE AI'D THE ADJOINING CONDITIONS. IN CO.
OPERATION WITH Tf{E OWNER OF THE ADJOINING PROPERTY, MOViNG THE BUILDING
TEN FEET TO THE NORTH ALLOWS TENANTS OF THE ADLOINING SHOPPING CENTER A
GREATER VIEW OF THE WATERW"V
C:THE GRAN11NGOF THIS VAIUANCE WILL IN NO WAY CONFERAN'i SPECIAL
PRlVILEDGES ON THE APPLICANT WHETHER HlS 'BUILDING IS SHIFTED TEN FEET IN
EITHER DIRECTION MAKES NO DlF'l'ERENC2 TO HIM WHATSOEVER.
D: AS STATED ABOVE THE REASONS FOR THE REQ1;SET OF THIS VARIANCE ARE FOR
TIlE BETTERMENT OF AN EXISTING CONDITION,
E: OPENING UP THE VIEW OF THE WATERFRONT BY TEN FEET IS TilE MINIMUM
DiSTANCE TO CREATE ANY VI:>l.fAL IMPACT FOR THE ADJOINING PROPERTY OWNERS.
F' THEGRANTlNG OF THIS VAR!ANCE WILL IN NO WAY BE INJURIOUS TO THEAR~A.IT
DOES MOVE THE llUILDING T~ MORE fEET ^ WAY FROM THE RESIDENTIAL PROPERTY
ACROSS THE W A TERW A Y, WHILE PR.ESER VJ:-IG MOR.E Of THE EXISTING SHOPPING
CENTER TENENTS viEW Of THE WATERWAY
EXHIBIT "D"
CondItIOns of Approval
Project name: Woolbright Grill
File number ZNCV 02-012 (Buffer wall)
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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 Replacement of the six (6) foot high fence with a six (6) foot masonry buffer
wall to take place when residential development occurs on the adjacent
property
2. With respect to consistency with a previous similar approved variance for the
Riverwalk Shopping Plaza, the use of a similar native hedge material shall be
Conditions of Approval
2
Woolbright Grill
ZNCV 02,012 (Buffer wall)
DEPARTMENTS INCLUDE REJECT
required, preferably Cocoplum.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3 To be determined.
MDN
1. \SHRDA TAIPLANNINGISHAREDlWPIPROJECTSIWoolbright Grill\.ZNCV 02-012\Condilions of Approval.doc