AGENDA DOCUMENTS
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
Meetin2 Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office
D D -
November 20, 2001 November 7, 2001 (5:00 p.m,) January 15, 2002 January 3, 2002 (5:00 p.m.)
181 December 4, 200 I November 21,2001 (5:00 p.m.) D February 5, 2002 January 16, 2002 (5:00 p.rn.)
D D I
December 18, 200 1 December 5, 2001 (5:00 p.m.) February 19,2002 February 6, 2002 '~5:oo p,rn.)
D January 2, 2002 December 19,2001 (5:00 p,rn.) D March 5, 2002 February 20, 2002 (5:00 p.m.)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM 181 Public Hearing D Legal
D Bids 0 Unfinished Business
D Announcement D Presentation
D 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
City Manager's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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COTTRELL
PAGE 02
Anna S, Co-l:t-rell ~ Associates, Inc.
The C~I) 8uildil19, ~IQ Oel'TlCltis Sb-<eel;, Suite 600
P,Q, Bo>( 10058. ~d p~lm 8~J" ~IOT'k:la ~(P6
(561) 8;n46:x> fax (561) 837-4026
November 7,200]
,"-~. r (" .
: in i ~~.2_li,_,_ '.
ii r/ i
i U ~ 1 NOV 2 6 2001
i L--.,-,
Lusia Galav
Principal Planner
City of Boynton Beach
100 E, Boynton Beach Boulevard
PO Box 310
Boynton Beach, Florida 33425-0310
RE: APPLICA TION FOR CONDmONAL USE AND SITE PLAN APPROVAL
MOBIL STA TIONINORTHWEST CORNER OF THE INTERSECTION OF
CONGRESS AVENUE AND WOOLBRIGHT ROAD
Dear Lusia:
Please accept this letter as our request that the hearing by the Planning and Zoning Board for the
referenced application be postponed, We are requesting the application J,e heard in December,
2001 rather than November, to allow sufficient time for Mobil Oil to evaluate the
recommendations of the TRC relative to site and architectural design.
Your assistance in this matter is apprecia.ted,
~~
Anna Cottrell
cc: Herman Steinberg, Trammel Crow
8.A.1
MOBIL AT WOOLBRIGHT AND CONGRESS
ZONING CODE VARIANCE
Meeting
Date:
Petition:
File No:
Location:
Owner:
Project
Name:
Variance
Request:
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97-436
Staff Report
Planning and Development Board
and
City Commission
Aug ust 26, 1997
Case No, 236
ZNCV 97-002 (distance of access driveway from intersection)
2605 SW 15th Avenue (northwest corner of Woolbright Road and
Congress Avenue),
Mobil Oil Corporation
Mobil Gas Station
Request for variances from the City of Boynton Beach Land
Development Regulations, Chapter 2, Section 11,L.3.d(1) - to allow
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.
BACKGROUND
The property, located at the northwest corner of Woolbright Road and Congress
Avenue, which is the subject of this variance request, is currently used as a
service station with a convenience store, a three-bay minor automotive repair
facility and a canopy over four gasoline dispensing units (see location map -
Exhibit "A", and survey - Exhibit "B"), There are also four underground fuel
tanks on the site of a combined capacity of 40,000 gallons,
The petitioner is proposing razing the existing facility and replacing it with a new
3,084 square foot service station with a convenience store and a car wash
facility, The underground fuel tanks will be replaced with new tanks, however,
/
Page 2
Mobil Service Station at Woolbright and Congress
File No, ZNCV 97-002, Case No, 236
their total capacity will not be increased (see proposed site plan - Exhibit "C" and
application - Exhibit "0"),
Currently, there are three access driveways to the property: two from Woolbright
Road, and one from Congress Avenue, The eastern Woolbright Road access
driveway and the Congress Avenue driveway are both nonconforming, as their
distance from the intersecting right-of-way lines of Woolbright Road and
Congress Avenue is less than the required 110 feet.
The site plan for the new service station indicates:
. relocation of the non-conforming Congress Avenue driveway to a distance of
125 feet north of the intersecting right-of-way lines of Congress Avenue and
Woolbright Road, thus making the new driveway conforming, and closure of
the existing curb cut;
. elimination of the conforming western Woolbright Road driveway and closure
of the existing curb cut; and
. continuation of the use of the existing nonconforming eastern Woolbright
Road driveway (see site plan - Exhibit "C"),
The following is a description of the zoning districts and land uses of the
properties that surround the subject request:
North -
LWDD Lateral Canal No, 26 right-of-way and farther
north is Brighton Gardens Marriott Assisted Living
Facility, zoned C-1
South -
Woolbright Road right-of-way and farther south is a
vacant property, zoned C-3
East
Congress Avenue right-of-way and farther east is a
vacant property, zoned C-1
West -
Quail Ridge Professional Center, zoned C-3.
ANALYSIS
The City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning,
Section 11,L.3.d(1) - requires that:
J
Page 3
Mobil Service Station at Woolbright and Congress
File No. ZNCV 97-002, Case No, 236
"No driveway shall be located less than one hundred ten (110) feet from the
intersecting right-of-way lines of public streets"
The purpose of the 110 foot distance of any driveway distance to the intersection
of right-of-way lines of adjoining streets is to minimize the conflicting turn
movements between vehicles entering and exiting service stations and vehicles
approaching and leaving the street intersection, Further separation of the
entryways from the intersection provides more room to stack vehicles in traffic
lanes and turn lanes without vehicles entering and existing the service station
blocking the lanes, Blocking leads to traffic congestion and collisions,
The variance request was presented to the Technical Review Committee on July
1, 1997, however, no concerns were raised with respect to the proposed site
plan configuration, and distance reduction, No accidents have occurred in this
vicinity that could be attributed to the subject, existing non-conforming access
driveway to the property.
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 by 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 by 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 structure,
f. That the grant of the variance will be in harmony with the general intent
and purpose of this chapter [ordinance] and that such variance will not be
j
Page 4
Mobil Service Station at \(v'oolbright and Congress
File No. ZNCV 97-002, Case No. 236
injurious to the area involved or otherwise detrimental to the public
welfare,
Exhibit "E" contains the applicant's response to the above criteria, Unlike other
development applications, the code does not require staff to make a
recommendation regarding whether an applicant meets the above criteria
warranting a variance to the city's ordinance.
If the Board warrants granting the variance, it is recommended that time
limitation be placed on the variance as per Exhibit "F" - Conditions of Approval.
xc: Central File
\PROJECTS\MOBIL AT WOOLBRIGHT & CONGRESS\ZNCV\ZON-VAR STAFF REP-mobil,doc
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EXHIBIT "A"
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LCSATION MAt ..
MOBILE SERVICE STATION
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BRIGf- TON GARDENS
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EXHIBIT "D"
/1
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or TYpe
Submittal Date:
June 9. 1997
The undersigned owner(s) hereby respectfully petition(s) the Board of Zoning
Appeals to grant to petitioner(s) a special exception or variance to the
existing Zoning or Sign Code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows:
Lot(s)
Block
Subdivision
Plat Book
Page or otherwise described as follows:
2605 SW 15th Ave. (NW corner of Woolbright & Cong~ess)
Property Address
Variance requested Supplemental Regs/Gas Stations I Sec .IIL.] .d. (1) -
The following documents a~e 4~e~8~feifaM~~esJmRft1Jlf JiEf:CW~bEi~ kp~':ii~kH~\){to
form a single package. Incomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, not
over six (6) months old, indicating:
A. All property lines
8. North arrow
C, Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal Description
T. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the
property lines to the closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all
streets and alleys, sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the
site
3, Certified list of names and post office addresses of property owners and
legal descriptions of their property within 400 feet of subject
property, as recorded in the County Courthouse, Such list shall be
accompanied by an Affidavit (see attached) stating that to the best of
the applicant's knowledge, said list is complete and accurate, Included
with conditional use application submitted simultaneously.
4, Proof of ownership of property by petitioner(s), such as deed or
purchase contract agreement. If an agent is submittina the petition, a
notarized copy of a letter desianating him as such must accompany the
petition. Included with conditional use application
submitted simUltaneously.
5. Statement of special conditions, hardships or reasons justifying the
requested exception or variance. Respond to the six (6) questions below
(A-F) on a separate sheet (Please 9rint or typel:
/~
See attached
Page 2
Board of Zoning Appeals Variance Application
A.
That special conditions and
to the land, structure or
applicable to other lands,
zoning district;
circumstances exist which are peculiar
building involved and which are not
structures or buildings in the same
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 by this Ordinance to
other lands, buildings or structures in the same zoning district;
D, That literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of the
Ordinance 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 structure;
F, That the granting of the variance will be in harmony with the
general intent and purpose of this chapter and that such variance
will not be injurious to the area involved or otherwise detrimental
to the public welfare.
6, An application fee in the amount of $400,00, payable to the City of
Boynton Beach, must accompany a completed application, The $400.00
application fee covers a request to vary one (1) section of the Code.
Seeking relief from more than one section of the Code will require
payment of $100,00 for each additional Code section,
7, Name and address of owner:Mobil Oil Corp.. P.O. Box 290, Dallas, TX 75221
8.
Name of applicant:
Anna Cottrell
P.O. Box 19058, West Palm Beach, FL ))416
Applicant's address:
Applicant's phone #:
Date: June 9. 1997
(561) 8)2-4600
Signature of APPlicant:~
~ ~~fuOQe-
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
1.
Property is presently zoned:
formerly zoned:
2, Property Control Number:
3, Denial was made upon existing zoning or sign requirements (list
section(s) of Code from which relief is required) :
4. Nature of exception or variance required:
Date:
Permit denied - Building Department
5,
Case Number:
Meeting Date:
/3
Page 3
Board of Zoning Appeals Variance Application
TO BE FILLED OUT BY BOARD
BOARD OF ZONING APPEALS ACTION:
Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
/1
EXHIBIT "E"
IS
APPLICATION FOR VARIANCE
MOBIL SERVICE STATION
NORTHWEST CORNER OF INTERSECTION OF WOOLBRIGHT ROAD AND
CONGRESS AVENUE
The petitioner, Mobil Oil Corporation, requests by this application relief from the
requirements of Sec. 11,L.3,d.(1) of the City's zoning code, whereby no driveway shall
be constructed closer than 110' from the intersectng rights of way lines of public
streets,
The purpose of this application is to allow the demolition of the existing Mobil service
station located at the northwest corner of the intersection of Woolbright Road and
Congress Avenue, and the construction of a new Mobil facility, including a 2,436
square foot convenience store and car wash, The facility will provide six pump
islands, with a total of 12 gasoline dispensing pumps,
The subject site is .879 acres, with 168 feet of frontage on Congress Avenue and 175
feet on Woolbright Road, One curb cut exists on Congress Avenue, located 62 feet
from the intersection of the right of way with Woolbright Road. The site plan
accompanying this application indicates a new location for this curb cut, moving it 125
feet from the intersection. Two curb cuts exist on Woolbright Road to service the
existing site, One cut, the westernmost, will be closed with the new plan, The
remaining cut will be left where it currently exists, The movement of the curb cut on
Congress Avenue and the closure of one of the existing curb cuts on Woolbright Road
will significantly reduce the existing nonconforming conditions of the site.
The requested variance meets all of the criteria for approval.
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.
Special conditions and circumstances exist for the site. The site has been used for a
gasoline service station since prior to the adoption of the code section for which
variance relief is sought. Although the site lacks sufficient depth and width to meet
the Code's requirements for location of curb cuts for gasoline stations, it is of sufficient
size to accommodate contemporary design for a new Mobil facility.
/k
8, That the special conditions and circumstances do not result from the action
of the applicant.
The special conditions which exist are not the result of action by the applicant. The
site has been developed for a service station for a very long time, and met City codes
at the time of the original construction,
C. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands, buildings or
structures in the same zoning district.
The granting of the variance will allow the site to continue to operate as a service
station, but with improvements in design,
0, That literal interpretation of the provisions of this chapter deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of the Ordinance and would work unnecessary and
undue hardship on the applicant.
The literal interpretation of the provisions of the City code would prohibit the
redevelopment of the site for a service station facility, since safe and adequate access
through the site for customer's cars and tanker trucks could not be accomplished,
Other properties have certainly been allowed to alter improvements, to update the
appearance of the structures, to meet changing customer's tastes and needs, to
accommodate new technology. Granting the variance requested will allow the desired
redevelopment, to accomplish a contemporary function and appearance for the facility.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure.
The variance requested is the minimum variance that will make possible the
reasonable use of the land, The site is already improved with a service station, The
placement of the curb cuts have been carefully considered in the design of the new
facility, to allow for smooth traffic flow into and out of, and through the site, for
customers as well as tanker trucks, Redevelopment of the site, with the relocation of
the Congress Avenue curb cut, and the closure of one of the curb cuts on Woolbright
Road, will actually reduce the existing nonconforming conditions of the site's
development.
/7
--
DEVELOPMENT ORDER
l,;, I Y OF BOYNTON BEACH, FLORIL._.o\
PROJECT NAME: Mobil at Woolbright and Congress
APPLICANT: Mobil Oil Corporation
APPLICANT'S AGENT: Anna Cottrell
APPLICANT'S ADDRESS: P.O. Box 19058, West Palm Beach, Fl33416
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 corner 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
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
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
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
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Mobil at Woolbright & Congress\COUS\DEVELOPMENT ORDER-doc
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