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LEGAL APPROVAL DEVELOPMENT ORDl CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mobil at Woolbright and Congress !:,'~, n APPLICANT: Mobil Oil Corporation ,UU I ! ~e~~ ~~rnl SEP IS" APPLICANT'S AGENT: Anna Cottrell PLANNING AND ZONING DEPT. APPLICANT'S ADDRESS: P.O. Box 19058, West Palm Beach, FL 33416 DATE OF HEARING BEFORE CITY COMMISSION: August 26,1997 '- TYPE OF RELIEF SOUGHT: Zoning Code Variance (distance of access driveway from intersection) LOCATION OF PROPERTY: 2605 S.W. 15th Ave (Northwest comer of Woolbright Road and Congress Avenue DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant y' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby V' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED i': ."! 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and Conditions of this order. 7. Other \\ \ \ \" 11111111/11 .;;;.,-,-\\ -<; ON BE:. IIII~/. V7,,/ ~ ~ 4. ~ ............. ~o ~ ~' ~ 0 ,"oflA TEl) '" :.s- ~ 'd../'Jt'~ '1~~ -' ~ _ .." e.-;:. --- ..iI!!!.! .,"'< ..-" City Clerk == 1.1.. fO \ ~ - 0 .() t"\.'- - .z'" . - J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Mobil at Woolbright & Congress\COUS\DEVELOPMENT ORDe%~ \:: ~ ~re"/Q~ ] ~ ~""\ ... ... , ~ ~ v .......... ~ ~ ~ f\..O ~ _~l.__. _____________._______~III"IiJI',II\~\~~~_ DATED: ~ /~ /9'P7 EXHIBIT "F" Conditions of Approval Project name: Mobil Service Station at Woolbright Road and Congress Avenue File number: ZNCV 97-002, Case No. 236 Reference: Zoning Code Variance Application dated June 9. 1997. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILITIES Comments: N/A FIRE Comments: N/ A POLICE Comments: N/ A ENGINEERING DIVISION Comments: N/ A BUILDING DIVISION Comments: N/ A PARKS AND RECREATION Comments: N/ A FORESTER/ENVIRONMENT ALIST Comments: N/ A PLANNING AND IONING . . Comments: 1. If the variance is granted, the variance applies only to the proposed site I plan configuration. If the operation of the service station per the proposed site plan configuration ceases, the variance shall become null and void. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. None. ADDITIONAL CITY COMMISSION CONDITIONS 3. 1P h.. determifteo. Nt:) 1(/ IJ(;' ~ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 the emergency diesel generator. removal of the underground fuel storage tank, replacement of electrical main service disconnect. transfer switch. main control panel and variable speed drives with a new electrical system and soft starts and replacement of the pump suction and discharge piping valves - Award bid to South Florida Utilities, Inc., of Plantation, Florida, in the amount of $670,557 (Proposed Resolution No. R97-141) C, Resolutions: 1. Proposed Resolution No. R97-142 Re: Approving contract with Gee & Jensen for engineering design and inspection services for a lightning protection system in the amount of $5,900 2. Proposed Resolution No. R97-143 Re: Authorize execution of agreement between Bryant Miller and Olive and the City of Boynton Beach for lobbying services during the Special Legislative Session on education This Item was removed from the Consent Agenda for discussion, 3. Proposed Resolution No. R97-144 Re: Authorizing Ernst & Young to prepare computations to determine the rebate amount on the $60,255,000 Utility System Revenue Bonds, Series 1992 4. Proposed Resolution No. R97-145 Re: Authorizing execution of Letter of Intent and authorizing negotiation of terms of agreement for Fire/Rescue and EMS Services in the Town of Hypoluxo D. Approval of Bills A copy of these bills is attached to the original set of meeting minutes on file in the City Clerk's Office. E, Approve new site plan request for The Manors at Newport Place to construct a four-story: 81-bed assisted living facility containing 71,390 square feet on two acres (a portion of Tract 4) of the Newport Place PUD F. Approve Site Plan request for Heise PCD (Auto Care Centers of America, Inc.) to construct an 18,659 square foot retail complex to include minor automotive repair and retail uses on 3.63 acres of land G Approve Zoning Code Variance request for Mobil Service Station to Chapter 2 - Zoning, Section 11.L.3.d(1) of the Boynton Beach Land Development Regulations to allow an access driveway located 65' rather than the required 110' from the intersecting right-of- way lines of Woolbright Road and Congress Avenue This item was moved to VII-Public Hearing. H. Approve request for Community Design Plan Appeal for Miami Subs to allow back-lit awnings to be replaced and enlarged on the west, north and south elevations of Miami Subs restaurant building 7 ill rn ~ ~:~ rn ill MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEI TING H~~~Uft~ ,c COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 26,1997, AT 7:00 P.M. PRESENT Lee Wische. Chairman Jim Golden. Vice Chairman Mike Friedland Stan Dube Pat Frazier Maurice Rosenstock James Reed. Alternate Tambri Heyden. Planning and Zoning Administrator Jerzy Lewicki, Assistant Planner Michael Pawelczyk. Assistant City Attorney ABSENT Jose Aguila Steve Myott. Alternate 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:00 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced Vice Mayor Jamie Titcomb. 3. AGENDA APPROVAL Item 8.C.3 was moved up to be heard before Item 8.C.1. to accommodate the citizens who came to speak on this item. Motion Mr. Dube moved to approve the agenda as amended. Vice Chairman Golden seconded the motion, which carried unanimously. 4. APPROVAL OF MINUTES No additions. deletions, or corrections were made to the minutes of the last meeting. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 26, 1997 Motion Mr. Rosenstock moved to approve the minutes of the August 12, 1997 meeting as submitted. Mr. Friedland seconded the motion, which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda items from the last Planning and Development Board meeting This item was postponed until the arrival of Ms. Heyden. 6. SWEARING IN OF WITNESSES Attorney Pawelczyk swore in all those who planned to testify this evening. At this time. Chairman Wische introduced the members of the board and Attorney Pawelczyk. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda items from the last Planning and Development Board meeting Ms. Heyden reported the following: . The BGllndustries Zoning Code Variance was approved. . The Lee Manors Isles Subdivision Zoning Code Variance for an increase in the height of a single-family home from 25 feet to 35 feet was postponed until the September 2, 1997 City Commission meeting. . The MeLear PUD Master Plan Modification was approved subject to staff comments and the Planning and Development Board comments. . The Shop pes of Woolbright PCD Master Plan Modification was postpone until the September 2na City Commission meeting. 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 26, 1997 · The Boynton Beach Mobil Village Community Design Plan Appeal for the dumpster enclosure was denied. · The ARC of Boynton Beach Site Plan (ACLF) was approved subject to staff comments and the Planning and Development Board conditions. · The Woolbright Medical Office Site Plan was postponed until the October r' City Commission meeting. · The Boynton Beach Mall, Department Store IF', Site Plan Time Extension was approved. · The Palm Walk Adult Congregate Living Facility concurrency and conditional use time extension was approved subject to staff comments. Mr. Dubs asked jf a liquor store is allowed in C-2. Attorney Pawelczyk advised that the sale of beer and wine is permitted in a C-2 district; however, the sale of alcoholic beverages is prohibited. 7. OLD BUSINESS None. 8. NEW BUSINESS A. Public Hearings Zoning Code Variance 1. Project: Agent: Owner: Location: Description: Mobil Gas Station and Convenience Store Anna Cottrell Mobil Oil Corporation 2605 S.W. 1 5th Avenue (northwest corner of Woolbright Road and Congress Avenue) Request for a variance to Chapter 2 - Zoning, Section 11.L.3.d(1) of the Boynton Beach Land Development Regulations to allow an access driveway located 65 feet. rather than the required 110 feet, from the intersecting right-of- way lines of Woolbright Road and Congress Avenue. 3 ~6 The following uses, provided that the gross floor area of such use does not exceed five thousand (5,000) square feet: c. Automobile parts and marine hardware stores, excluding any installation on premises, and excluding machine shop service. d. Camera and audio-visual equipment and supply stores. e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be a permitted use if limited to selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. f. Flower shops and sale of house plants. g. Bicycle shops. h. Luggage stores. 1. Music stores. J. Art and ceramic stores. k. Jewelry and cosmetic stores. 1. Locksmith shops. m. Sporting goods, excluding sale of ammunition or firearms; game, and toy stores; bait and tackle shops. n. Paint, wallpaper, tile, carpet, draperies, blinds and shades, and interior decorator shops. o. Office supplies, equipment, and furniture. p. Art, craft, trophy, hobby, and costume shops, and sewing supplies; art galleries and artists' studios. q. Book stores, religious goods, card shops, tobacco shops, and news stores. r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor kennels. s. Repair or service shops, excluding rebuilding or refinishing for retail goods that are typically sold in the stores which are permitted uses in the C-2 district. All outdoor display or storage in conjunction with such uses shall be prohibited, however. 1. Televisions; radio, video, and stereo equipment and supplies. u. Household appliances and parts for same. v. Curio, souvenir, and gift shops, excluding sale of used merchandise. w. Beer and wine sales, limited to consumption off premises. x. The following personal and household services: Barber shops, beauty - salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and dressmakers. y. Laundromats and retail laundering services, provided that the floor area for such uses is entirely enclosed. z. Retail photographic studios and photofmishing service. Adopted April 4. 1995. Ordinance 095-02 (includes all ord. thru 97-10. adopted 4/15/97) 2-32 ;I' -file ( "- ~b,1 2-AJC{;/ NOTICE IS HERESY GIVEN that the following application has been made to the -r;;.-. 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: Case #236 Owner: Requested Variance: Location: Legal Description: \ :;::-~- ~ i~ ~., U W~-I:~'~'I\; ',n,) \5 ,."_~'^~""~-I,~; \ u r'-~' } " 1 \ Ii' 1, ,r .-, ", ! h Ij '7 , .. 4 I' \ j . ..'." ~'"l , NOTICE OF PUBLIC HEARING Mobil Oil Corporation 100 rn@ill"f11"" O ~-~- I" \ ! Ii ;q ! I .IG,;' :;;;_ -.J II PLAI~k,,, ;-,Ni) , ZQN!\'fjJIeI,,~__._.J L. Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.L.3d(1) - to allow a 46 foot reduction of the Woolbright Road driveway distance from the intersecting right-of-way lines of Woolbright Road and Congress Avenue from the required, minimum of 110 feet. 2605 S.W. 15th Avenue (northwest corner of Woolbright Road and Congress Avenue) THE EAST 200.00 FEET OF TRACT "A" OF "WOOLBRIGHT PLAZA" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 38 AT PAGES 63 AND 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND RUN ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 18 MINUTES 10 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 31 FOR A DISTANCE OF 60.00 FEET; THENCE RUN SOUTH 00 DEGREES 01 MINUTES 07 SECONDS WEST ALONG A LINE PARALLEL WITH AND 60.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 31, SAID SECTION LINE BEING COINCIDENT WITH THE CENTERLINE OF CONGRESS AVENUE AS SHOWN ON THAT CERTAIN PLAT OF "WOOLBRIGHT PLAZA" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 38 AT PAGES 63 AND 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE LAST DESCRIBED COURSE FOR 168.35 FEET; THENCE RUN SOUTH 44 DEGREES 39 MINUTES 38 SECONDS WEST FOR 35.13 FEET; THENCE RUN SOUTH 89 DEGREES 18 MINUTES 10 SECONDS WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF WOOLBRIGHT ROAD AS SHOWN ON SAID PLAT OF "WOOLBRIGHT PLAZA" FOR A DISTANCE OF 175.33 FEET; SAID LAST THREE MENTIONED COURSES BEING COINCIDENT WITH THE BOUNDARY LINE OF TRACT "A" OF SAID PLAT OF "WOOLBRIGHT PLAZA"; THENCE RUN NORTH 00 ~- W" DEGREES 01 MINUTES 07 SECONDS EAST FOR 193.04 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "A"; THENCE RUN NORTH 89 DEGREES 18 MINUTES 10 SECONDS EAST ALONG SAID NORTH LINE OF TRACT "A" FOR 200.02 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN BOYNTON BEACH, PALM COUNTY, FLORIDA. (CONTAINING: 38,303 SQUARE FEET) Use: Gas station, convenience store and car wash A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, August 26, 1997, at 7:00 P.M. All interested parties are notified to appear at said hearing 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 this meeting 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. PUBLISH: THE POST August 10, 1997 S:IPlanningISHAREOIWPIPROJECTSIMOBILE AT WOOLBRIGHT & CONGRESS\BZAVlLLGL236,doc CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 c: City Manager, City Attorney, City Commission, Planning, Files ~' & fG~~'~'~~~.~~ . '. ',"~_&'W!m!iW! m '., J, r;. " D~"",="",,,,=,~ ,j.~,----, lL (\' t' I,,; s ,i! ,. J ... Lj i ' i' ' , l\J1~ ' 1 6 101'"1' ~) {~.""--",.~ l."_~"~ ''',.-..,...._~ "F'" i ~ f'" ';, i:;';,"iL-_~ , ,1_ . -..-j "'~".".,-, PlI W'" I '::;J -~L:~':t;' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinll Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office 0 0 - November 20,2001 November 7, 2001 (5:00 p.m.) January 15,2002 January 3, 2002 (5:00 p.m.) ~ December 4,2001 November 21,2001 (5:00 p.m.) 0 February 5, 2002 January 16, 2002 (5:00 p.rn.) 0 0 / December 18,2001 December 5, 2001 (5:00 p.m.) February 19,2002 February 6, 2002 '~5:00 p.rn.) 0 January 2, 2002 December 19, 2001 (5:00p.m.) 0 March 5, 2002 February 20, 2002 (5:00 p.m.) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the December 4,2001 City Commission Agenda under Public Hearing. The applicant has requested the public hearing be postponed to the December 26,2001 Planning and Development Board meeting. This amended schedule would place the public hearing before the City Commission on January 2, 2002. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MOBIL WOOLBRIGHT & CONGRESS Anna Cottrell Mobil Oil Corporation 2605 W. Woolbright Road Request for Conditional Use/Site Plan approval for a gasoline dispensing establishment with accessory car wash facility. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A IJ ..