CORRESPONDENCE
ENGINEERING DEPARTMENT MEMORANDUM
May 20, 1991
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: MOBIL SERVICE STATION
PRELIMINARY PLAT SUBMISSION, TRACT A
TECHNICAL REVIEW BOARD AGENDA FOR MAY 28, 1991
SITE PLANS/MOBILE SERVICE STATION DISCUSSIONS
Please be advised that the Engineering Department, for the City of Boynton Beach,
Florida, is in receipt of the above reference Technical Review Board agenda.
As the Engineering Department is responsible for the administration of the
Subdivision and Platting Regulations, I herein provide the following information
in order to clarify my position, relative to items discussed at the previous
Technical Review Board meeting of May 16, 1991.
1. The developer is proceeding under the misconception that water distribution,
sewage collection and drainage improvements can be installed on Tract B
without benefit of final platting for Tract B. I call you attention to
Article VIII, Section 5D7 which states "prior to completing the requirements
of the final plat section of this Article, Building permits shall not be
issued for any structure on a lot wherein the final plat has not been recorded
in the manner prescribed, unless the recording of the plat is not required by
Article VI of this Ordinance". Therefore, statements made by Technical Review
Board members to the applicant indicating that easements could be granted the
applicant, are incorrect as permission to construct physical improvements on
ajacent land not platted, is the sole responsibility of the City Commission
in conjunction with the variance procedures outlined in Appendix "C",
Subdivision and Platting Regulations for the City of Boynton Beach, Florida.
A consensus of the Technical Review Board does not constitute a variance of
the aforementioned Section and furthermore I draw your attention to Appendix "e",
Subdivision and Platting Regulations, Article XVI, Variances and Exceptions,
Section 1, Administration of Variances, inclusive.
2. The proposed Mobile Service Station/Convenience Store is located within
1,000 feet from a tract of land designated as recreational. This recreational
tract is situated within Boynton Lakes, Plat #5 and therefore the applicant
(*) (should he intend to seek relief) should apply for.a variance through the
City's Board of Adjustments and attempt to seek relief from the 1,000 foot
distance separation, as specified in applicable zoning regulations, prior to
conducting a full review of the subject si~~~~I~~J:)
-
.IIAY 21
PLANNING DEPT.
con' t . . . .
May 20, 1991
ENGINEERING DEPARTMENT MEMORANDUM con' t.
RE: MOBILE SERVICE STATION
3. The applicant, for the above referenced project, during the Technical Review
Board meeting of May 16, 1991 specified that the owners of Tract B were fully
aware of the consequences relative to the dissolution of their previous
preliminary plat submission, as the platting of Tract A, as an independent
action of the applicant, would cause the original preliminary plat submission
of Boynton Lakes Plaza to be modified, reference dedication sheets, boundaries
and depiction of other required improvements and easements. As agreed upon by
all Technical Review Board members, the former applicant for Boynton Lakes Plaza,
Tracts A & B, would be affected to that degree which would require a resubmittal
in order to eliminate Tract A from the original preliminary plat submission.
4. The "Developer's Engineer" for the original Boynton Lakes submission was notified
by this office on May 16, 1991, relative to the proposed action (Platting Tract A)
that would affect his client's property.
As you are aware, we have reviewed the site plan for Mobile prior to submission of
preliminary plat documents, and I personally feel we are wasting taxpayers dollars
by reviewing the submission without benefit of knowing whether or not the Board of
Adjustments will grant the applicant a variance for the 1,000 foot distance
separation. * Following this simple procedure will ensure that taxpayers dollars
will not be expended for reviews conducted by Gee & Jenson, Consulting Engineers, as
they are extremely costly and constitute a waste of dollars should variances be
denied.
b-k
Vincent A. Finizio
VAF/ck
cc: J. Scott Miller, City Manager
Mike Kazunas via John Guidry, Utilities
Central File
Tambri Heyden, Senior Planner
Maziar Keshavarz, P.E.
---
HEMORANDUK
FROM:
Chris Cutro, Director of Planning~~ ~
James A. Cherof, City Attorney ~~-
Code Interpretation, Parking Lot Driveways for
Service stations
.TO:
SUBJECT:
DATE:
March 1, 1991
You have asked me to examine an apparent conflict between Section
11 L 5 of Appendix A of the zoning Regulations and section 5-
142 (h) (3) as they relate to setback requirements for driveway
entrances from intersecting right-of-ways. Stated differently,
you have posed the following question:
Should the requirements of the Boynton Beach Parking
Lot Regulation be applied to the construction of
driveway entrances for service stations?
The question is answered in the negative.
There are several principals of statutory construction that must
be applied:
1. The principals of statutory construction apply to
zoning ordinances which are issued by cities. Rinker Materials
Corp. v. City of Miami, 286 So.2d 552 (Fla. 1973).
2. The general, and most persuasive rule of statutory
construction is that whenever possible, the Courts will, and
must, attempt to construe related statutory prOV1S1ons, if
conflicting, in such a way as to harmonize them and give them
both full effect. Palm Harbor Special Fire Control District v.
KellY, 516 So.2d 249 (Fla. 1987); Villery v. Florida Parole and
Probation Commission, 396 So.2d 1107 (Fla. 1980); District School
Board of Lake County v. Talmadqe, 381 So.2d 698 (Fla. 1980).
3. Where a statute is passed with knowledge of prior
existing laws, construction is favored which gives each statute a
field of operation rather than a construction that would leave
one statute meaningless or released by implication. State
Department of Public Welfare v. Galilean Children's Home, 102
So.2d 388 (Fla.~DCA 1958).
law
4.
and
Since zoning ordinances are in derogation of the common
deprive owners of th~~<:It.f\rif.[jr .property, any
MAR lq6
PLANNI::G DEPT.
-4
ambiguities which may arise from conflicting zoning ordinances
should be resolved in favor of the property owner. Thomas v.
City of Crescent City, 503 So.2d 1299 (Fla. 5th DCA 1987).
5. Courts must also give specific terms and provisions
precedence over those terms and provisions which are more general
in nature if the two provisions conflict. Lake Barrington
citizens Commission v. Villaqe of Lake Barrinqton, 312 NE.2d 337
(1974).
In applying the above rules of statutory construction to the
question posed I conclude that the two provisions of the Code are
not in conflict and can be read together. The parking lot
regulations should be generally applied to all parking lot
construction unless a more specific ordinance of the City exists,
such as the one which applies to service stations. The Boynton
Beach parking lot regulation does not apply to the construction
of driveway entrances for service stations. Section 11 L 5 of
Appendix A controls the distance requirements for parking lot
entrances for service stations.
Ilms
LIB
CUTROMEM
cc: J. Scott Miller, City Manager
Don Jaeger, Building Official
Vince Finizio, Administrator Coordinator of Engineering
Julian Bryan & Associates
May 6, 1991
Mr. Christopher Cutro
Director of Planning
City of Boynton Beach, P.O. Box 310
Boyn ton Beach, Florida 33425
Re: Boynton Lakes Plaza, Tract A (Lennar Corporation)
Resubmittal - Plat and Site Plan, Mobil Oil Service Station Site
Dear Mr. Cutro:
Attached under separate transmittals are the following documents.
1. Revised site plan - Shah Drotos & Associates
2. Complete on-site engineering - Shah Drotos & Associates
3. Architectural drawings (incl. signage) - Shah Drotos & Associates
4. Landscape plans - Shah Drotos & Associates
5. Preliminary plat - Carnahan & Associates
6. Off-site engineering - Carnahan & Associates
7. Off-site easements - Carnahan &. Associates
I am confident that this constitutes a full and complete submittal
with the exception of Community Appearance Board items which
are a separate package. As you can see, we now have two
engineering firms representing the project, Shah Drotos on behalf of
Mobil and Carnahan for Lennar. To make things somewhat simpler,
I will continue to represent both parties in all matters involving
permits, processing, plan review and public representation and will
con tin ue as your con tact person.
In response to our discussions, I will be submitting within the next
week, an application for variance to your service station location
criteria contained in the current Zoning Code. I am aware that the
review of our project may not be forwarded to the P & Z Board
until either a variance is approved or the pending Code
Amendments adopted.
land Development Consultants · 3191 leewood Terrace · l136 · Boca Raton, Florida 33431 · (407) 338-0395
%e City of
13oynton 'Beach
100 'E. 'Boynton 'Beach. 'BoulevarJ
'p.O. 'Bo>L31O
'Boynton 'lkach., J{oriJa 33425.0310
CityJ{a[{: (.J0i) 734-8111
~5tX: (.107) 738-7.J59
February 5, 1991
Mr. Julian Bryan
3191 Leewood Terrace L-136
Boca Raton, FL 33431
RE: Mobil Service Station - Site Plan
File No. 572
Dear Mr. Bryan:
Please be advised that the plans submitted for site plan review
of the above-referenced request cannot be processed further as
they do not comply with the City's code of ordinances (see
comments #4, #5, #6 and #7 below for details). Seven full sets
and nine partial sets (defined on page 5 of the site plan
application) of revised plans addressing these comments, as well
as the attached comments from other departments, will need to be
resubmitted to the Planning Department no later than 5:00 P.M. on
any given deadline listed on the project review schedule
available in the Planning Department.
1. Page 9 of the site plan application needs to be signed by
owner. Also, the site plan rider must be signed by the
Lennar Corporation and notarized.
2. Add a graphic scale to all drawings. Site plan application,
page 5, item #2.
3. Provide internal driveway connections from the south and
east to the dead end access aisles shown on the Boynton
Lakes Plaza site plan approved December 1990. The
connection shown to the east does not appear to align with
the Boynton Lakes Plaza access aisle.
4. The driveways shown from this parcel onto Hypoluxo Road and
Congress Avenue will reqUire applying for a parking lot
variance through the Planning Department, since they are not
a minimum of 180 feet from the intersecting rights-of-way
lines. If the driveway width is reduced to 20 feet in width
(the minimum allowed by code), a driveway could be located
onto Congress Avenue, exactly 180 feet from the intersecting
rights-of-way lines, without the need for a parking lot
.5lmerica's gateway to the (ju[/'-trcam
TO: Mr. Julian Bryan
- 2-
February 5, 1991
cont'd.
4. variance (see item #5 below for the variance that would be
needed for this design solution). Regardless of how far the
Hypoluxo Road driveway is moved to the east, a parking lot
variance will be needed due to the limited frontage
constraints of this boundary (see also item #5 below for
another variance that will be needed for this driveway).
Chapter 5, Section, 5-142(h)(3).
5. If the driveways are moved as mentioned in item #4 above,
a Board of Adjustment variance, processed through the
Building Department, to Appendix A - Zoning, section 11.L.5
will be needed. This section requires that driveway
entrances not be located closer than 25 feet to any interior
property line.
6. A Board of Adjustment variance to Appendix A - Zoning,
section 11.L.2 is needed. This section requires that a
minimum frontage of 175 feet on all abutting streets is
required for parcels where service stations are constructed;
the Hypoluxo Road frontage is 152.44 feet.
7. The current zoning code, section 11.L.1, does not permit a
service station at this location. However, a future change
is proposed to this section. In the interim, plans can be
revised and variance applications prepared. Submittals
should not be made until ordinances for this zoning change
are scheduled for adoption, since it is uncertain whether
even the future zoning code change, which is still being
analyzed by the Planning Department, would allow this use at
this location. In addition, it is recommended that site
plan and parking lot variance submittals not be made until
variances from the Board of Adjustment have been granted.
8. The drainage plan does not meet the intent of the
pretreatment requirements of the Comprehensive Plan,
Drainage Subelement, Policies 3B.2.3 and 3B.2.7 with regard
to infiltration by percolation into grassy swales.
9. Environmental Review, processed through the Planning
Department, is required for the establishment of the car
wash. Appendix A - Zoning, Section 6.C.1B.c.
10. Provide a floor plan for the service mart. Site plan
application, page 5, item #11.
TO: Mr. Julian Bryan
-3-
February 5, 1991
11. Pursuant to Chapter 5, Section 5-142(h)(1), the maximum
driveway width at the right-of-way line is 32 feet, unless
otherwise approved by the City Engineer.
Very truly yours,
CI~ OF BOYNTON BEACH
JL?l-tu' Q, 1J~jdt4t/
TAMBRI J. ~DEN/
Assistant City Planner
tjh
Attachments
A:MobilRej
xc: Chronological file
TO:
THRU:
FROM:
RE:
BUILDING DEPARTMENT
MEMORANDUM NO. 91-38
January 29, 1991
Christopher cutro, Planning Director
Don Jaeger, Building & Zoning Directo~~
Michael E. Haag, Zoning & Site Development Administrator
TRB Comments - January 29, 1991 Meeting
SITE PLAN - MOBIL SERVICE STATION (corner of Congress Avenue and Hypoluxo)
Upon review of the above mentioned project, the following list of comments
have been provided as a courtesy with the applicant's full knowledge that
there will be a full review made when the project is placed on a future
Technical Review Board agenda.
1.
2.
3.
.......... 4.
5.
~,
All drawings and/or documents submitted for public record, and
prepared by a design professional, shall show original legible raised
seal and signature of a Florida registered design professional, who is
responsible for the drawings.
Provide a copy of the Lake Worth Drainage District permit approving
the location of the sign and the reconstruction of the L-18 Drainage
Easement.
Show on the site plan the distance from the site property line to the
property line of any other service station, church, and public
playground. Minimum distance between property lines is 1000 feet
direct airline measurement. Relief from the distance requirement will
require a variance approval from the Board of Adjustment.
Proposed service station site requires a 175 foot frontage on all
abutting streets. Proposed site does not have a 175 foot frontage on
Hypoluxo Road. Relief from this section of the code requires approval
of a variance from the Board of Adjustment.
Specify on the plan the location of the car wash building by
dimensioning its location from two (2) adjacent property lines (min.
distance of 75 feet is required from the property line to the vehicle
entrance of the car wash). Show on the plan the distance between the
car wash building and the service mart building.
6. Proposed use requires Environmental Review Board review.
7. show on the site plan drawing the distance from the north property
line to the canopy.
~8. specify on the plan the location of the free standing sign from two
(2) adjacent property lines.
9. Provide an elevation view drawing of the free standing sign drawing to
include the following sign information:
i.
ii.
iii.
~v.
v.
overall height (max. allowed 20 feet)
total square footage of the sign (max. 64 square feet)
show the proposed sign conv
bhow and iaentify the source ot illumination
specify the type of finish material and color of the sign
structure
specify the type of finish material proposed for the sign
frame, face and copy
specify the color of the sign frame, face and copy
specify the location and specie of the landscaping required
around the base of the sign
vi.
vii.
viii.
10. Specify the size, type of material and color of all signage proposed
for the building.
To Christopher cutro
Re: Mobil Service station, Memo # 91-38
January 29, 1991
Page Two of Four
11. Specify on the elevation view drawings that all signage shall comply
with the requirements of the sign code.
12. Provide a detailed plan view and full section view drawing of the
dumpster enclosure and pad. Identify the type, size and color of the
material proposed for the sides of the enclosure. Specify the size and
type of all required vertical and horizontal structural material and
components for the enclosure walls and associated pad. Identify the
overall height, width and length of the enclosure. Show ten feet (10')
clear minimum width of the enclosure opening. Clear opening width must
be measured inside of gate and post material or meet the Public Works
Department specifications for size of compactor enclosure. Where gates
are proposed, specify the method of holding the enclosure gates in the
open and closed position.
13. Provide a typical cross section drawing of the concrete surface
located under the canopy. specify the following information on the
drawing: a) strength of the concrete, b) thickness, c) type and size
of the steel reinforcement, and d) condition of the soil below the
concrete.
'~
14. Provide a copy of the floor plan of the service mart. Show on the plan
the location of the entrance to the building.
--.....
15. Show on the site plan the side of the car wash that the vehicles
enter.
~16. specify the compass direction of the service mart and car wash on the
elevation view drawings.
'17. Show on the plan the appropriate number of parking spaces based on one
parking space for each 200 square feet of total building area.
"
18. Show on the site plan a typical detail drawing of a regular parking
space. Drawing must include the following information:
i. specify the length and width
ii. show the size and configuration of the pavement markings
iii. specify the color of the pavement markings (white for asphalt,
black for concrete)
iv. location of wheel stop or concrete curb
19. Show on the site plan drawing the location of and an elevation view
drawing of the site lighting pole and fixture. Show the following site
lighting information:
L
ii.
iiL
iv.
v.
vi.
vii.
viii.
ix.
Note:
specify that the fixture is photocell activated
state that the pole, pole base and fixture is designed to
withstand a 120 MPH windload
specify the type of luminary
show the light contours and specify their foot candle light level
specify, where applicable, shields to deter off-site glare
show the height of the pole and fixture matching the height
specified on the photometric drawing
specify the depth of the pole and/or pole base
provide a detail drawing of the pole base showing and specifying
the required vertical and horizontal structural materi~'s ann
components
show the distance from the grade to the top of the pole base
site lighting must comply with the Convenience store Security
code (minimum intensity of 2 footcandles per square foot)
20. The outline, configuration and material shown and identified on the
project drawing(s) submitted with the plan(s) for final sign-off shall
match in every respect the colored drawing(s) approved by the city
Commission during the approval process of the project. The color of
each exterior finish material shown on the final sign-off plans shall
be identified by name, color number and manufacturers name which shall
match in every respect with the color(s) shown on the drawing(s)
approved by the City Commission. A manufacturer's color chart showing
and identifying all approved color(s) shall be submitted with the
plans for final Sign-off.
To Christopher cutro
Re: Mobil Service Station, Memo # 91-38
January 29, 1991
Page Three of Four
21. Building and site must comply with the community Design Plan, the
required architectural theme for the building and site is
Mediterranean/Spanish. Revise the drawings to show the required
architectural theme.
~22. Show on the site plan a handicapped accessible walkway leading to the
entrance of the building from the public sidewalk, specify on the
plans the following walkway data:
i. specify the type of material
ii. texture of the finish
iii. width
iv. slope
v. length
vi. show the location, width, length and elevation of the level
platform that is required at the entrance of the building
Show on the site plan a typical detail drawing of the handicapped
parking space and accessible route leading to the building entrance.
Drawing must include the following information:
show the required number of handicapped parking spaces
dimension the width and length
show and identify the size, location and configuration of the
handicapped pavement markings
specify the color blue for the pavement markings
show the location and identify the height of the handicapped
parking signage (7 foot from grade to the bottom of the sign)
specify the elevation of the parking space surface at each
handicapped parking space.
show and dimension the 5 foot wide access aisle that
is required to abut all handicapped parking spaces
specify the distance and slope of the parking surface between the
handicapped parking space and the base of the ramp leading to the
walkway surface, of the service mart
specify the width, texture of the finish, length, slope, type of
material and counter slope of the ramp shown within the service
mart island
identify the distance and slope of the service island leading
from the ramp to the level platform required at the entrance to
the service mart
show the location, width, length and elevation of the level
platform that is required at the entrance to the building
-- 24. The proposed driveways may not be placed closer than 180 feet from the
intersection of right-of-way lines. Relief from this section of the
code requires approval of a variance from the Planning and Zoning
Board. I
~
23.
i .
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
xi.
x.
25. Prior to submitting the plans for a building permit, submit a copy of
the turn-out permit issued by the County Engineering Department to
construct driveways within their right-of-way.
26. The new landscape plan must reflect the appropriate percentage of
native specie landscape material.
'27. state on tne plans that the landscape material will be irrigated with
an automatic water supply system. Specify the water supply source.
~28. Indicate location, type, size and spacing of accent shrub landscape
material required around three (3) sides of the dumpster.
29. Landscaping proposed to be installed within an easement shall be
allowed only after consent of all utility companies that have access
right to use the easement.
30. No trees or shrubs with nuisance roots to be planted closer than 12
feet from public improvements.
To Christopher cutro
Re: Mobil Service Station, Memo # 91-38
January 31, 1991
Page Four of Four
31. specify type of mulch material to be used and it's thickness when
laid.
"32. Shrubs planted to screen rights-of-way need to be 3 feet high at time
of planting.
33. specify the type of sod to be used.
g
MOBIL. SOD
cc: Site Development Division
ENGINEERING DEPARl'MENT KEH.OlWIDUK 110. 91-o2OCC
January 31, 1991
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: TECHNICAL REVIEW BOARD COMMENTS
MOBIL SERVICE STATION
COURTESY COMMENTS ONLY
In accordance with the City of Boynton Beach Code of Ordinances, Chapter 19,
Section 19-17, Plan Required, including Chapter 5, Article X, Boynton Beach
Parking Lot Regulations, the e.pplicant for the above referenced project shall
submit the following information, technical data, details and plan revisions.
1. The driveways and internal access need to be revised to reflect access as
shown on adjacent tract from the previously approved Boynton Lakes Plaza
plat. Of particular concerns is the N.E. access from the adjacent parcel.
Section 5-l42(g) Construction and Section 5-140, Objectives, Subsection
(a) "To provide a maximum degree of safety and protection for the public
thru the orderly design of parking lotsll. Subsection 5-l40(b) To provide
a standard for construction which results in a relatively durable and
nuisance free parking lot. Section 5-l42(c) Traffic Control including
Section 19-21 Factors Considered by Committee in Review, Subsection (a)
"Types, dimensions, character, locations & patterns of streets and roadways
and other facilities for ingress and egress to the property and the proposed
structures thereon, if any, including such considerations as automotive and
pedestrian safety and convenience, traffic flow and control".
2. Provide a parking facility lighting plan in accordance with Section 5-142(a)
Required Lighting. Lighting plan is to be by Florida Power & Light according
to the applicant. This plan, including photometrics, must be supplied prior
to approval. Florida Power & Light must include standard poles proposed and
photo cell activation and must be provided prior to approval. Plan must be
provided prior to approval so that conflicts with proposed utilities, parking,
drainage, etc. can be checked.
3. Provide traffic control devices, internal directional arrows and regulatory
signs as necessary in accordance with Section 5-142(c) Traffic Control Devices.
Provide curbing and car stops in accordance with Section 5-l42(e) Required
Curbs and Car Stops including the application of Type "F" curbing for the
driveways from Hypoluxo Road and Congress Avenue. The applicant is to supply
the City of Boynton Beach with Palm Beach County Construct Within the Right-
of-Way Permits for subject driveways prior to approval.
4. Sidewalks shall continue thru all ingress/egress approaches in accordance
with Section 5-l42(g) Sidewalk Standards. Sidewalks shall be clearly
delineated and be transitioned to accomodate the handicapped.
S. Stormwater drainage pretreatment is to occur before parking lot drainage is
to enter any stormwater drainage inlets. There is to be no car wash drainage
UUI..U LilO:: S.L~t: VL l.nl.O the site drainage system. 1u1 cat wCl::>h dlainal!.~ l.v ve..
handled by the sanitary sewer. Section S-142(f) Drainage and Section 5-l42(g)
Drainage Standards including Appendix "ClI Subdivision and Platting, Article X,
Section 5 Drainage and Stormwater Treatment, Subsection SA Drainage and
Subsection 5B Stormwater Treatment.
Note: Applicant is to provide verification of South Florida Water Management
District and Lake Worth Drainage District approvals before building and site
plan permit is pulled. Applicant is to provide a site lighting plan which
shall provide photometries consistant with the provisions set forth in the
Convenience Store Security Act requirements, available within the Building
Department for the City of Boynton Beach. Applicant is to provide all pave-
ment section details, standards and specifications for the proposed parking
lot construction. Section 5-142(g) Parking Lot Construction Standards,
Details and Specifications.
con' t . . . . .
ENGINEERING DEPARTMENT MFJ<<>llANDUM RO. 91-o2OCC con' t.
T . R.. B. COURTESY COMMENTS - MOBIL SERVICE STATION
6. Driveway (ingress/egress approaches) are closer than 180 feet to the
intersecting rights-of-way lines of Congress Avenue and Hypoluxo Road and
prior to the approval of the project, the applicant shall be required to
enter into the variance procedure for relief from applicable sections of
the code. Additionally, the Code of Ordinances for the City of Boynton
Beach specifies the required lot frontage for service stations to be a
minimum of 175 linear feet, and the applicant shall enter into the
variance procedure in an attempt to gain relief from this code requirement.
7. Provide a parking lot layout which provides all standard stalls and handicap
stalls including stall striping details in accordance with Section 5-l42(i)
Parking Lot Layout and Section 5-142(1) Parking Lot Striping including
Section 5-l42(g) Parking Lot Striping Standards. Applicant shall provide
suitable handicap parking stalls as required by Section 5-l42(k) Handicap
Requirements. Handicap stalls shall be designed to comply with the latest
edition of the Department on Community Affairs Accessibility Requirements
Manual.
8. Applicant shall provide a copy of the most current traffic impact analysis
in accordance with Chapter 19, Section 19-17(k) Technical Data.
END OF TECHNICAL REVIEW BOARD COMMENTS
a1Z~~~
City Engineer
w. Richard Staudinger
Gee & Jenson,
Engineers, Architects, Planners, Inc
Vincent A. Finizio
Administrative Coordinator of Engineering
WRS:VAF/ck
cc: J. Scott Miller, City Manager
MEMORANDUM
Utilities #91-050
TO: Christopher Cutro,
p]~ing Director
fROM: ~ John A. Guidry,
Director of Utilities
DATE: January 30, 1991
SUnJECi: TRD Review Checklist - Mobil Service Station
In lieu of approval, we offer the following comments on
this project:
1. Indicate location of grease trap on site plans.
Location of water meters in paved areas is not
desirable.
2. Reduced pressure backflow preventers will be required
on the water service. Indicate location, model and
size. We recommend du<<l units in parallel so service
is not interrupted during testing.
3. Irrigation is not to be supplied by City water.
4. Work to be in accordance with City of Boynton Beach
Details and Criteria sheets.
5. We recommend only one meter to serve both buildings.
cw
be: Michael Kazunas, Asst. Utility Engineer
cc: File
TO:
FROM:
RE:
DATE:
pg
FIRE DEPARTMENT MEMORANDUM NO. 91-203 WDe
CITY PLANNER
FIRE DEPARTMENT ~ ~Z;;~~ ;?(
MOBIL GAS STATION
BOYNTON LAKES PLAZA
FEBRUARY 6,1991
IN MY OPINION ACCESS TO THIS PARCEL SHOULD COME FROM WITHIN
THE SHOPPING CENTER.
MEMORAMDUM
police 191-008
TO:
Tambri Heyden
FROM:
Lt. Dale S. Hammack
DATE:
February 1, 1991
RE:
Mobil Oil Company
As per our discussion at the Technical Review Board meeting of 29
January 1991, I am recommending the following:
1. Comply with Convenience Store Security Ord. (#5-8G)
2. Stop signs and stop bars at exits. (City Ord. #5-142C)
3. Parking lot lighting to be photocell activated.
(City Ord. #5-142A)
4. Comply with Construction Security Ordinance (#5-8G)
5. No Left Turn signs at exits. (City Ord. #5-142C)
6. Relocate internal engress, egress away from engress, egress
on public roads. (Public Safety)
11 DaLJ~
Lt. Dale S. Hammack
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May 22, 1991
Mr. Christopher Cutro
Director of Planning Dept.
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33435-0310
Re: Formal Withdrawal of Tract "A"/Proposal Plat
Dear Chris:
I have recently been in contact with the owner of the Boynton plaza Shopping Center and
now have sufficient assurances that the previously approved preliminary plat, which
included Tract "A" (outparcel owned by Lennar Homes, Inc.) will now proceed quickly
through the process to final plat recordation. Therefore, please accept this letter as my
formal notification that I am withdrawing the separate proposal plat of Tract "A" from
consideration by the Technical Review Board (TRB).
Through representatives of Carnahan and Associates and Julian Bryan, I wish to continue
the review of plans for water, sewer and storm drainage necessary to serve the Mobil site.
These plans were previously submitted to your engineering department along with properly
executed easements and engineer's certification of costs. Upon approval of these plans,
surety in a form acceptable to the City, will be provided.
I was pleased to hear that our site plan was considered to be in substantial compliance with
the TRB's requirements. We will now be working with the individual Department Heads
to refine the Site Plan into 100% compliance.
~
Thank you for your consideration
Withw~n .
Charles W. De Santi h
for Lennar Homes, Inc.
CWD:jr
Certified Mail/Return Receipt Requested
cc: J. Scott Miller, City Manger
Peter Mulligan, Mobil Oil Corp.
Julian Bryan, Consultant
Greg Proctor, Carnahan Engineering
~.~-
RECEIVED
MAY 29
PLANNlNG DEPT.
~
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700 N.W. 107th Avenue Miami. FL 33172 - (305) 559-4000
ENGINEERING DEPARTMENT MEMORANDUM
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TO: AL NEWBOLD
DEPUTY BUILDING OFFICIAL
JUNE 7, 1991
FROM: VINCENT A. FINIZIO
ADMINISTRATIVE COORDINATOR OF ENGINEERING
RE: MOBIL SERVICE STATION/CONVENIENCE STORE
THOUSAND FOOT DISTANCE SEPERATION VARIANCE REQUEST
LENNAR
INCOMPLETE SUBMISSION
Please be advised that upon reviewing the above referenced submission with
Mr. Milt Duff of your office, I have determined that the above referenced
submission does not contain all of the facts in this matter and tends to
be somewhat misleading. I address your attention to the fact that this
site is within a thousand feet of a recreational area. This fact was
omitted from the variance request even though the Engineering Department
made extensive comments regarding same during site plan review. Additionally,
the site plan for this project has not yet complied with the provisions set
forth in our Code of Ordinances. Paragraph number one of the written appeal
is written in such a fashion that someone who may not be familiar with all of
the facts, might believe that this site has already received site plan approval,
when in fact it has not. Special attention should also be addressed to the
fact that distance seperations are measured from property line to property line
and this mechanism for determining distance seperation is a standard practice
which does not con~titute a hardship or an unusual circumstance.
The Engineering Department herein requests that this application for variance
be resubmitted with all of the facts so that the Board of Adjustments will not
rule in a matter with only partial information. Please consider this variance
request incomplete until the applicant represents the true and complete facts
in his appeal request.
Thank you in advance of your anticipated cooperation in this matter.
~;1-;'" ~zr-
cc: Board of Adjustments via Mr. Ai Newbold, Deputy Building Official
J. Scott Miller, City Manager
Christopher Cutro, Planning Director
Don Jaeger, Building Department
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ENGII!II!IlRIlIG DEPAR1'MEIIT IlEIlORAllDUK ~CC {#!t::.--z.~//11
~if91 . al$"~
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: TECHNICAL .REVIEW. BOARD. COMMENTS
MOBILE SERVICE STATION/CONVENIENCE STORE
SE CORNER/INTERSECTION OF CONGRESS AVENUE AT HYPOLUXO ROAD
In accordance with the City of Boynton Beach, Florida, Code of Ordinances,
specifically Chapter 19, Section 19-17, "Plan Required", including Chapter 5,
Article X, "Boynton Beach Parking Lot Regulations", the applicant for the above
referenced project shall submit the following information, plan revisions and
technical data:
1. Ingress/egress approaches exceed the allowable width as specified within the
City's Code of Ordinances. The applicant shall write a formal request letter
to the City Engineer, W. Richard Staudinger, P.E., Gee & Jenson Engineers,
Architects, Planners, Inc., One Harvard Circle, P.O. Box 24600, West Palm Bch..
Florida 33416-4600, telephone #(407) 683-3301, ext. 6681, requesting authori-
zation to allow for the ingress/egress approaches which exceed the dimensions
specified within City codes.
2. As both Hypoluxo Road and Congess Avenue are multi-lane divided highways, the
applicant shall place "No Left Turn" signs at ingress/egress approaches,
including placement of said signs within the raised concrete medians situated
within the rights-of-way of both roads.
3. The applicant must provide Lake Worth Drainage District approvals for the
culverts to be placed within their easement area as a pre-requisite to
Engineering Department final sign off.
4. The applicant shall indicate the location of all raised continuous concrete
curbing within the facility.
5. The applicant shall provide monies made payable to the City of Boynton Beach
for the funding of street lights to be situated along Congress Avenue and
Hypoluxo Road, as directed by the Director of traffic Engineering for P.B.C.
6. The applicant shall obtain and present to the Engineering Department copies of
.P.B.C. Construct Within the Rights-of-Way permits as a pre-requisite to
Engineering Department final sign off.
~ 7. The applicant shall provide construction details and cross-sections for swale
development, to include elevations, dimensions and a note specifying that the
subject swales are irrigated. Swales shall be developed both on site and
within the public rights-of-way of Congress Avenue and Hypoluxo Road.
8. The applicant shall provide a construction detail depicting cross-sections of
construction for the proposed exfiltration trenches.
9. The applicant shall provide a site lighting plan to include photometric data
in compliance with the Convenience Store Security Code.
can't.....
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ENGINEERING DEPARTMENT MEMORANDUM NO. 91-092CC con't.
T.R.B. COMMENTS - MOBILE SERVICE STATION/CONVENIENCE STORE
10. The photometrics provided for the perimeter pole mounted lights indicate
a roadway illumination level of 5 ft. candles along Hypoluxo Road and may
constitute a condition resulting in roadway glare. The parking facility
lighting standard which causes this condition may be baffled and/or directed
toward the parking facility and not the roadway. .
11. The applicant shall provide a note on plans specifying that the parking
facility lighting system and canopy lighting system shall be photo-cell
activated.
12. The applicant shall provide a certified statement indicating that the lighting
standards will sustain a 110 MPH lateral wind load.
13. The applicant shall provide drainage calculations, percolation test data,
percolation test location plan for the proposed stormwater drainage system.
14. The applicant shall provide general notes, including types of materials to be
used plus standards and specifications for such materials.
15. The applicant shall incorporate into the subject plans those comments previously
provided their Design Engineer from the offices of Charles Walker, Jr., Director
of P.B.C. Traffic Engineering, relative to dedications needed to bring Hypoluxo
Road and Congress Avenue to their ultimate: section:
16. The applicant shall revise general note #8, specifying that modifications to
paving and drainage shall be approved by the Engineering Department for the
City of Boynton Beach in conjunction with the Developer's Engineer.
17. The applicant shalll indicate all continuous concrete curb interruptions necessary
to facilitate the movement of stormwater from paved surfaces into pervious areas.
18. Curb and gutters shall not be tied into inlet structures. Additionally, the
construction of flumes which directs stormwater directly into inlet structures
from the paved area shall be prohibited.
19. The applicant shall correct the general note on Page 5 of 21, specifying that
the extension to be utilized for City inspection is ext. 483.
20. The stormwater inlet structure shall not be located in/or near the dumster
areas.
21. Ingress/egress approaches, as indicated on plans for interior areas, shall
coincide with the ingress/egress areas indicated upon the original preliminary
plat.
22. The applicant shailll provide drainage calculations for the drainage system,
i~cluding water quality and minimum parking lot elevations.
23. The exfiltration trench beneath the detention/retention areas are unacceptable
for water quality and or storage credit for the drainage system. Revise plans
accordingly.
24. Drainage calculations must indicate no adverse impact on downstream system
(outfall) including retention lake. This outfall use must be verified by
s~pplying a South Florida Water Management District permit for outfall systems.
con' t. . . .
ENGINEERING DEPARTMENT MEMORANDUM NO. 91-092CC can't.
T.R.B. COMMENTS - MOBILE SERVICE STATION/CONVENIENCE STORE
~
Engineering
Vincent A. Finizio
Administrative Coordinator
WRS:VAF/ck
cc: J. Scott Miller, City Manager
Michael Haag, Site Development Administrator
It will also be necessary. due to the proposed car wash. to make
application to and receive approval from the Environmental Review
Committee. The next application deadline is May 15, and our
submittal will be made at that time.
I believe our next T.R.B. meeting review will be May 16, and should
you desire additional information prior to that date please advise.
cc: Le nar Corporation
Mobil Oil
Shah Drotos
Carnahan
~~
------...
"-":"~-
ENGINEERING DEPARTMENT MEMORANDUM
May 20, 1991
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: MOBIL SERVICE STATION
PRELIMINARY PLAT SUBMISSION, TRACT A
TECHNICAL REVIEW BOARD AGENDA FOR MAY 28, 1991
SITE PLANS/MOBILE SERVICE STATION DISCUSSIONS
P~ease be advised that the Engineering Department, for the City of Boynton Beach,
Flori?a, is in receipt of the above reference Technical Review Board agenda.
As the Engineering Department is responsible for the administration of the
Subdivision and Platting Regulations, I herein provide the following information
in order to clarify my position, relative to items discussed at the previous
Technical Review Board meeting of May 16, 1991.
1. The developer is proceeding under the misconception that water distribution,
sewage collection and drainage improvements can be installed on Tract B
without benefit of final platting for Tract B. I call you attention to
Article VIII, Section 5D7 which states "prior to completing the requirements
of the final plat section of this Article, Building permits shall not be
issued for any structure on a lot wherein the final plat has not been recorded
in the manner prescribed, unless the recording of the plat is not required by
Article VI of this Ordinance". Therefore, statements made by Technical Review
Board members to the applicant indicating that easements could be granted the
applicant, are incorrect as permission to construct physical improvements on
ajacent land not platted, is the sole responsibility of the City Commission
in conjunction with the variance proc'edures outlined in Appendix "C",
Subdivision and Platting Regulations for the City of Boynton Beach, Florida.
A consensus of the Technical Review Board does not constitute a variance of
the aEorementioned Section and furthermore I draw your attention to Appendix "C",
Subdivision and Platting Regulations, Article XVI, Variances and Exceptions,
Section 1, Administration of Variances, inclusive.
2. The proposed Mobile Service Station/Convenience Store is located within
1,000 feet from a tract of land designated as recreational. This recreational
tract is situated within Boynton Lakes, Plat #5 and therefore the applicant
(*) (should he intend to seek relief) should apply for a variance through the
City's Board of Adjustments and attempt to seek relief from the 1,000 foot
distance separation, as specified in applicable zoning regulations, prior to
conducting a full review of the subject si~~~~I~~J:)
/lAY 21
PLANNING DEPT.
con't....
'-.....:---. ,
May 20, 1991
ENGINEERING DEPARTMENT MEMORANDUM con' t.
RE: MOBILE SERVICE STATION
..
The applicant, for the above referenced project, during the Technical Review
Board meeting of May 16, 1991 specified that the owners of Tract B were fully
aware of the consequences relative to the dissolution of their previous
preliminary plat submission, as the platting of Tract A, as an independent
action of the applicant, would cause the original preliminary plat submission
of Boynton Lakes Plaza to be modified, reference dedication sheets, boundaries
and depiction of other required improvements and easements. As agreed upon by
all Technical Review Board members, the former applicant for Boynton Lakes Plaza,
Tracts A & B, would be affected to that degree which would require a resubmittal
1n order to eliminate Tract A from the original preliminary plat submission.
3.
4.
The "Developer's Engineer" for the original Boynton Lakes submission was notified
by this office on May 16, 1991, relative to the proposed action (Platting Tract A)
that would affect his client's property.
As you are aware, we have reviewed the site plan for Mobile prior to submission of
preliminary plat documents, and I personally feel we are wasting taxpayers dollars
by reviewing the submission without benefit of knowing whether or not the Board of
Adjustments will grant the applicant a variance for the 1,000 foot distance
separation. * Following this simple procedure will ensure that taxpayers dollars
will not be expended for reviews conducted by Gee & Jenson, Consulting Engineers, as
they are extremely costly and constitute a waste of dollars should variances be
denied.
bk
Vincent A. Finizio
VAF/ck
cc: J. Scott Miller, City Manager
Mike Kazunas via John Guidry, Utilities
Central File
Tambri Heyden, Senior Planner
Maziar Keshavarz, P.E.
Board of County Commissioners
Karen T. Marcus, Chair
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elmquist
Mary McCarty
Ken Foster
Maude Ford Lee
County Administrator
Jan Winters
February 14, 1992
Department of Engineering
and Public Works
Ms. Tambri Heyden
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: BOYNTON LAKES COMMERCIAL TRAFFIC STUDY
Dear Ms. Heyden:
The, Palm Beach County Traffic Division has reviewed the traffic impact study for
the project entitled Boynton Lakes Commercial pursuant to the 1990 Traffic
Performance Standards Code (Ord. No. 90-40). The proposed project consists of
11,000 square feet of general commercial space. It is located on the southeast
corner of Congress Avenue and Hypoluxo Road. The build-out of the project is
proposed for 1993. The Traffic Division has determined that the project meets
the standards of the 1990 Countywide Traffic Performance Standards Code. The
total trip generation is 981 trips per day.
It appears that this project is one tract of a larger parcel. Should the other
tract be considered for approval before the traffic from this project is
reflected in the County's traffic counts, the traffic from the entire site will
have to be considered.
If you have any questions regarding the determination of the County Traffic
Division, please contact Dan Weisberg at 684-4030.
Sincei-ely,
OFFICE OF THE COUNTY ENGINEER
~ ':JkJ<-y PeitZ
RECEIVED
Charles R. Walker, Jr., P.E.
Acting Assistant County Engineer
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File: lPS - Mun. - Traffic Study Review
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"An Equal Opportunity - Affirmative Action Employer"
Box 21229 WEST PALM BEACH, FLORIDA 33416-1229 (407) 684-4000
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'~l1ie City of
13oynton 13eac/i
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100 'E. 'Boynton 'Bea&. 'Boukvard
P.O. 'Bo~310
'Boynton 'Bead,., :Tforida 33435-0310
City:HaIl: (407) 734.8111
:TJlX: (407) 738.7459
OFFICE OF THE CITY ENGINEER
May 28, 1993
Palm Beach County
Traffic Engineering Division
Box 21229
West Palm Beach, Fl 33416-1229
Attention: Mr. Andrew Hertel
Engineering Asst. III - Traffic Division
Re: Traffic Division Letter dated May 25, 1993
Proposed Mobil Gasoline Service Station - Southeast Corner of
Hypoluxo Road at Congress Avenue
Dear Mr. Hertel:
The Engineering Department for the City of Boynton Beach, Florida is
in receipt of the above referenced letter wherein your office requests
this City relieve the Developer of Boynton Lakes Plaza from the
requirement to construct a concrete pedestrian sidewalk along the east
rights-of-way line of Congress Avenue.
I have discussed this matter with Planning Director Christopher Cutro
and agree with your position that to compel the Developer to construct
the proposed sidewalk, would in fact, be unnecessary, as there
already exists a sidewalk within the Congress Avenue rights-of-way.
Pursuant to our discussions in this matter, the Developer will be
relieved of the requirement to build the sidewalk (depicted on approved
City plans), conditioned on the following:
A) The Developer shall agree in writing to grade, fully sod and
irrigate the area between the project's west property line and
the east edge of the existing County sidewalk.
B) The Developer shall agree in writing to maintain this landscaped
area and shall bind all successors in title to this obligation.
C) The County shall provide assurances to the City that when this
section of Congress Avenue is expanded, the roadway section will.
provide for the construction of required sidewalks.
RECEIVED
MAY 27
PLANNING DEPT.
.'1 mcrica 's ~~~~~E~!!!!to tfic (juLfstrfam
PBC Traffic Engineering Division/Proposed Mobil Gasoline Station
May 28, 1993
Page #2
Please coordinate the aforementioned items with the Developer and
advise me as to the outcome.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
~~A.~.
Vincent A. Finizio ~
Deputy City Engineer
VAF/ck
cc: Christopher Cutro,planning Director
William Archdeacon, PE,PLS, City Engineer
J. Scott Miller, City Manager
......" "" 'MI VA iCil;I,;UUleriU,U ~-~~-~3 13:55
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Boynton Bch fax;# 2
Board. 01 County CommlJ.loften
Mary McCarty; Chair
Ken'L. Fotter, Vice Chairman
Kar~ T. Marros
ca~l A. Roberts
W R Newell
Bur Aaronson
Ma de Ford Lee
I
County Acbn1niIb'atDr
Robert Weisman
Department ol EnglDttdnl
and Public:! Worb
May 25, 1993
Vincent A~ Finizio, .Deputy City Engineer
City of Boynton Beach
100 E. Boynton Belch Boulevard
Boynton Belch, Fl
SUB~ECT; PROPOSED MOBIL GASOLINE STATION . SOUTHEAST CORNER OF HYPOLUXO ROAD
AND CONGRESS AVENUE INTERSECTION
Dear Mr. F1n1z1o:
This is to confirm our telephone convetsat1on of today in which I requested that
the developer of the subject project be relieved of his obligation to construct
a s1dewalk in the Congress Avenue r1ght.of-w~, adjacent to the Mobil parcel,
It 15 the position of the County that the needs of pedestrians on this section
of congress Avenue can be accommodated by the existing sidewalk which is located
adjacent to the proposed sidewalk for which we are making this request.
Please feel free to call me if you have any questions.
Sincerely,
OFFICE OF THE fOU~~ ENGINEE~
PrJ\t~
~~. 'Hertel
Engineering Asst. III. Traffic Division
ASH: 1 b
cc: Charles R. Walker. Jr.. P.E., Director, Traffic Division
Jim PetQrs, land Development Division
File: IntersQct10n "HypoluXD Rd & Congress Ave"
H~'ash\Hypo_Con.Mob
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"An Bqual OpportUnity. Affirmative Aetio~ Bmployer"
Box 21229 Wett Palm Beld1, Florida 33f16-1229 (407) 684-4000
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A
MEMORANDUM No. 91-112
May 7, 1991
TO:
Chris Cutro, Planning Director
James A. Cherof, City Attorney ~
Service Stations/Required Frontage
Code Reference: Appendix A Section 11 L 2
FROM:
RE:
You have
referenced code
measurement for
essence is:
requested clarification of the above
section with respect to the points of
determining frontage. Your question in
When a service station is located on the
corner of two intersecting streets
should frontage be measured from the
point of intersection of the property
lines at the corner?
Your question is answered in the affirmative.
Section 11 L 2 of Appendix A provides that the minimum
frontage for service stations is 175 feet on all abutting
streets. No specific method of measurement is provided.
However, the Boynton Beach Parking Lot Regulations, adopted
after Section 11 of Appendix A, provides guidance for
purposes of interpretation. Section 5-142(h)(3) deals with
driveway set-backs and provides that the measurement is
"from the intersection of the right-of-way lines along local
streets". This appears to be a practicable approach to the
measurement of frontage since lot configurations are
variable. Accordingly, this method of measurement should be
used to calculate frontage. For purposes of clarification I
have attached a diagram.
If you require further clarification, please do not
hesitate to contact me.
cc: J. Scott Miller, City Manager