REVIEW COMMENTS
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(~',~_"5~,.~Sou_th. F4,;ida Water Manasemen., t. .Oistrict
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CON 24-06-02 '. MK '. ,. RECEIVED
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..........' _ FINAL APPROVED
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Regulation Department
App1ication No.: 910730-9
August 29, 1991
BQynton Lakes Development Corporation
351 S. U.S. Highway #1. Suite A
Jupiter. FL 33477
Dear 5ir or Madam;
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AUG 2 9 1991
WPB
Notice of Intent to Construct Works
Modification to Permit and
Stormwater 'Oi scha'rge Certi ficati on No: 50-00556-5
Permit~ee: Boynton Lakes Deve10pment Corporation
Project : Boynton Lakes Plaza
Location; Boynton Be.ach. Palm Beach .county. S8/T45S/R43E
This letter is to notify you of the D1strictls agency action concerning your
request of July 3D. 1991. to modify the above referenced permit and Stonmwater
Discharge Certification. ,This action is taken pursuant to Rule 40E-l.606 and
Chapter 40E-40, Florida Administrative Code. ",. . '.. 1
Subject:
.;"
Based, on the ", information submitte'd which includes surface water management
system design plans signed and sealed by a Florida registered Professional
E'ngineer. a modification to the above referenced Permit and Stormwater Discharge
Certification is in effect for this proj~ct subject'to:
L
request for a Chapter 120 Florida Statutes,
Not receiving a filed
administrative he~~1n9,'
2. tho attachod 12 Standa~d Limiting Condition&.
~.
3. 2 Exhibit~;'and
'4. All Special Conditions previously stipulated by Pennit Number 50-00556"S '
remain in effect unless, otherwise revised and shall apply to the abov,e
referenced, project. ' "
Should you object to these conditions, please refer to the attached "Notice of
R;ghtsll which' addresses the .procedures to be followed if you desire a pUblic
hearing or other review of the proposed agency act1on. Please contact this I
office if you have any questions concerning this matter. If we do not hear from
,yuu pdur' tu th~ datI!: ~j:I~G;f;ld in the "Notice of rHghtsll. we will ac&umo thJ.t
you concur with ~ne p~strict'$ action.
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B,oynton Lakes Development Corporation
Subject: Notice of Intent to Construct Works
August 29, 1991
Page 2
CERTIFICATE OF SERVICE
, .
I HEREBY CERTIFY that a "Notice of Rights" has been mailed tb the addressee (and
the. persons, list~d in ,the attached d1stribution list) no later than 5:00 p.m.
this 29th day of August, 1991. 1n accordance with Section 120.60{3J~ Florida
Statutes.
Sincerely,
~.I~.
Kenneth .5. Todd. Jr.. P..E.
Supervising Professional'
South Florido Water Management District
(ST 11 d
CERTIFIED MAIL.~O., P 390 773 338
Enclosures
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MEMORANDUM
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 provisions, if
conflicting, in such a way as to harmonize t~ 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. Talmadge, 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).
4.
law and
since zoning ordinances are in derogation of the common
deprive owners of th~jf<:~if.[jr ,property, any
MAR 1 q ~.::s
PLANNIl':G DEPT.
06/09/92
14:24
'8'813 467 7964
KEN LONES LANDS.
IaJ 002
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5/9/92
City of Boynton Beach Florida
Planning & Zoning Department
Boynton Beach, Fl.
At~n: Dottie Moore
RE: Mobil Oil corporation
#02-KHA
Hypoluxo Road & congress Ave.
Boynton Bch., Fl.
Dear Ms. Moore,
As per the City of Boynton Beach request,
reference the moving of one Oak tree on the landscape plan
(S.E. corner), I authorize moving the tree 10 Ft. to south.
This adjustment will clear the sanitary sewer manhole.
If you have any questions please feel free to call our
office at 1-800-852-3242.
Hoping this meets your approval
and thanKing you in advance.
SincerelY,
I~~
--"
Kenneth E. Lones
Landscape Architect # 320
/feN I.ONeS I.AND$CAI'/NG, INe,
o 10150 N.~. 1201... a"...,
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UTILITIES DEPAR'lMENI' NO. 92 - 181
TO: Christopher cutro, Planning and Zoning Director
FRCM :
Jolm A. Guidry, utilities Director
DATE: May 12, 1992
SUBJECr: Site Plan review - Mobil Service Station - Southeast corner of
Congress Ave. and Hypoluxo Rd. - Amended plan
OUr original cannents on this project have not been adequately addressed by
the amended plans. We repeat them at this time for your convenience, with
the same stipulations.
1) The capacity reservation fee IrIJSt be paid within 30 days of City
Ca1Ini.ssion approval. Based upon a 2" meter size the reservation fee for
this facility is $ 2106.72. (Sect. 26-34(E))
2) All water and sewer utilities to be owned and operated by the city shall
be constructed in accordance with city standards. (Sect. 26-33(b))
3)
"'",{,
We believe Dept. of H.R.S. permdts will be required for the water and
sewer mains. (Sects. 26-11,-12)
Provide fire flow calculations or test data for this site. Water mains
must be sized to provide adequate fire flow. (Sect. 26-16)
Show all proposed or existing on-site util i ties easements. (Sect .
26-33(a)) \ -
~~e..--.
Large trees and other structures are not permdtted within utility
easements. This site plan shows conflicts between proposed oak trees
and fire hydrants, meters, sewer nsnholes, and the water main. Please
eliminate these conflicts so as to allbw proper functioning of the
utilities .
/7) The off-site utilities shown on the plans are not presently installed.
Who will be responsible for installing them, and how will their
installation be coordinated with this project?
.1< (,/y ~ k. 1-(2.1
ItE!ltS (j, 5, 6, and~t be addressed prior to this item being forwarded
for Planning and Zoning approval. All other items may be addressed at time
of H.R.S. permdt application. / __/
b- J ~ (-~ b .r~ I( ~ o.c.. 7 J I''l-{
Please refer any qUestions on this matter to Peter Mazzella of this office.
5)
/Z~
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6)
JAG/PVM
be: Peter Mazzella
xc: File
May 18, 1992
Mr. Christopher Cutro
Planning Director, City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Re: Mobil Service Station, offsite utilities, drainage, etc.
(S.E. comer of Hypoluxo Road and Congress Avenue)
Dear Mr. Cutro:
At the Technical Review Committee meeting of May 14, concerns were raised by the
Utility Department over construction responsibilities for offsite improvements. Please be
advised that Lennar, pursuant to terms of it's lease with Mobil Oil Corporation, will
install offsite water, sewer and drainage facilities necessary to serve the site. In addition,
the existing L WDD Canal will also be piped and filled under permit from the District.
This work will commence concurrent or before Mobil begins it's onsite work. Plans and
permits for these improvements have been submitted to appropriate City Departments for
their review and approval.
Please advise if I may be of further service.
;:cereIY, ~~
Charles W. eSanti
for Lennar Homes, Inc.
REceIVED
JUN 02 1992
700 N,W. 107th Avenue Miami. FL 33172 - (305) 559-4000
7Al
MOBIL OIL SERVICE STATION
CONDITIONAL USE
/%e City of
, 'Boynton 'Beacli
'Pfanni.ne & ZonintJ 'Depart71Un.t
100 ~ 'Boynton. 'Beodi 'Boulevard
P.O. 'Bo~310
'Boynton. 'Beadi,11oritfa 33425-0310
(407) 738-7490, 'flU: (407) 738-7459
May I, 1,99 2
Mr. Julian Bryan
3191 Leewood Terrace, C-136
Boca Raton, FL 33431
RE: Initial Review Comments - Mobil Service Station
File No. 674
Mr. Bryan:
The City of Boynton Beach has completed its first review of the
site plan for the above referenced project. Attached are comments
made by the reviewing departments during their initial review of
your project.
In order to complete the review process, the site plan and
documents must be amended to comply with these comments within 90
days of the date of this letter. (If amended plans are not
submitted in 90 days, a new application fee will be required.)
When there are comments made by the reviewers that you feel are
not applicable to the approval of the project or will be
addressed separately and you have not amended the plans to comply
with the comment(s), you must prepare written explanation for
each comment stating why the comment is not applicable and return
the explanation with the amended plans and documents.
After amending the plans and documents, please submit twelve (12)
complete sets of the plans to the Planning and Zoning Department.
When the amended plans and documents have been submitted to the
Planning and Zoning Department, they will be distributed to the
reviewing departments for a second review and the reviewers will
recommend if the site plan will be placed on a board approval
schedule (see attached). If there are major comments not
addressed by new plans or the reviewers recommend that the plan
not be forwarded to the Plannina and Zonina Board. this office
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-116
June 3, 1992
TO: Members of the Plannlng and Development Board
~~,x.~
THRU: ch~istopher Cutro, Plannlng and Zoning Director
FROM: Dorothy Moore, Zoning and Site plan Reviewer
RE: Mobil Service Station - Conditional Use Application
File No. 674
SUMMARY: Jullan T. Bryan, agent for Lennar Homes, is requesting
Conditional Use approval to allow retail gasoline sales on a 0.85
acre site at the Southeast corner of Hypoluxo Road and North
Congress Avenue. The subJect parcel is zoned C-3 Community
General District and is currently undeveloped. The property has
a 177.43 foot frontage on Hypoluxo Road that has a clipped corner
which is for the future right-of-way dedication and a 213.46 foot
frontage on North Congress Avenue which also has the same clipped
corner for the future right-of-way dedication. Retail gasoline,
convenience store and car wash sales are permitted subject to
Conditional Use approval in the C-3 Zoning District, if the
property has frontage on a four-lane collector or arterial road.
Currently Hypoluxo Road is a four-lane County minor arterial road
and North Congress Avenue is a four-lane County minor arterial
road.
SURROUNDING LAND USES AND ZONING (See attached locator map):
Abutting the subject property to the north 1S the right-of-way
for Hypoluxo Road. Across Hypoluxo Road to the north is the Clty
of Boynton Beach's north boundary line. Abutting the subject
parcel "All on the east is 640 feet of parcel liB", the proposed
undeveloped site for the "Boynton Lakes Plaza." To the south of
the subject parcel "A" is 400.00 feet of parcel "B", again, the
proposed undeveloped site for the "Boynton Lakes Plaza." Across
North Congress Avenue to the west is the Meadows Square Shopping
Center, zoned C-3. At the northwest corner of the intersection
of Hypoluxo Road and North Congress Avenue, which is the diagonal
corner opposite the subject parcel, is north of the north
boundary line of the City of Boynton Beach and is an undeveloped
lot, County zoned RS.
PROPOSED USE (See attached site plan): The applicant is
proposing to construct a service station with retail gasoline
sales, including a convenience store and car wash. Included
would be a parking lot with the required site lighting, buffers
and landscaping meeting the Code of Ordinances. A canopy is
proposed over the convenience store and the fuel pump islands.
STANDARDS FOR EVALUATING CONDITIONAL USES: The Planning and
Development Board and City Commission shall consider only such
condItional uses as are authorized under the terms of these
zoning regulations and, in connectIon therewith, may grant
conditional uses absolutely or conditioned upon the faithful
adherence to and fulfillment of such restrictions and conditions
including, but not limlted to, the dedication of property for
streets, alleys, recreation space and sidewalks, as shall be
determlned necessary for the protectlon of the surrounding area
and the citizens' general welfare, or deny conditional uses when
not in harmony with the intent and purpose of this section. In
evaluating an application for conditional use, the Board and
Commission shall consider the effect of the proposed use on the
general health, safety and welfare of the community and make
written findings certifying that satisfactory provision has been
made concerning the following standards, where applicable:
To: Planning and Development Members
Re: Mobil Service Station
Page Two of Three
1. Ingress and egress to the subject property and
proposed structures thereon, with particular reference
to automobile and pedestrian safety and convenience,
traffic flow and control, and access in case of fire
or catastrophe.
Proposed access would be provided by a driveway onto
Congress Avenue and a driveway onto Hypoluxo Road. The
driveway onto Congress Avenue is forty (40) feet wide. The
drlveway onto Hypoluxo Road is thirty-five (35) feet wide.
The Palm Beach County Traffic Division has reviewed the
project and has determined that the standards of the 1990
CountYWlde Traffic Performance Standards Code have been met.
2. Off-street parking and loading areas where required, with
particular attention to the items in subsection I above,
and the economic, glare, noise, and odor effects the
conditional use will have on adjacent and nearby properties,
and the city as a whole.
Elght (8) parking spaces are shown on the site plan which is
the minimum required by the zoning regulations. The
lighting provided should be directed away from abutting
properties. It is not anticipated that the proposed use
would create any additional adverse impacts on surrounding
use.
3. Refuse and service areas, with particular reference to the
items in subsection I and 2 above.
A dumpster is proposed to be located in the southeast corner
of the site. The odors from the dumpster would be
detectable for up to 200 feet from the dumpster enclosure.
The property which abuts this parcel is proposing to place
their dumpster within this 200 foot distance. This
arrangement will negate adverse impacts for both properties.
4. Utilities, with reference to locations, availability, and
compatibility.
The site is served with water and sewer lines which are
adequate to serve the proposed use.
5. Screening, buffering and landscaping with reference to
type, dimensions, and character.
The proposed landscaping and buffering meets or exceeds the
requirements of the landscaping and zoning regulation.
6. Signs, and proposed exterior lighting, with reference to
glare, traffic safety, economic effect, and compatibility
and harmony with adjacent and nearby properties.
The proposed signs and site lighting generally meets the
requirements of the sign and parking lot regulation
respectively. There are however, some comments from staff
which address minor aspects of proposed signs and site
lighting.
7. Required setbacks and other open spaces.
The proposed building setbacks meet or exceed the
requirements of the Appendix A-Zoning, Section 11.L,
Commercial establishments engaged in the retail sale of
gasoline or gasoline products.
LOCATION MAP
MOBIL SERVICE STATION
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