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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 \~ , () ,~ \'} www.boynton-beach.org October 26,2004 Mr. Beril Kruger Beril Kruger Planning & Zoning Consultants 9 Northeast 6th Street Delray Beach, Florida 33444 Re: For: File No.: Location: Zoning Code Variance Request Driveway Location ZNCV 03-010, ZNCV 03-011 and ZNCV 03-012 Gateway Shell- 2360 N Federal Highway Dear Mr. Kruger: Enclosed is the City of Boynton Beach Development Order for application items ZNCV 03-010,03-011, and 03-012 which represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1); L.3.d.(3) and L.3.d.(4) regarding driveway location. The City Commission approved these variances on October 19, 2004. Please include a copy of this letter and Development Order when you submit your application for permitting at the Building Department. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, &0 Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-010 to 03-012 Driveway\Approvalletter after CC.doc 1: DEVELOPML-., r ORDER OF THE CITY COMMls-.oN OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. License Dep~ty City Clerk Mr. Beril Kruger / Beril Kruger Planning & Zoning Consultants PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Variances ZNCV 03-010, ZNCV 03-011, and ZNCV 03-012 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, :md to 3110'.': 3n 88 foot '13ri3nce f-or 3 second drivow3Y, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gasoline dispensing establishment; (See text from minutes of October 19, 2004) Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gasoline dispensing establishment; and Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(4) requiring that driveways will be limited to one (2) per street frontage to allow two (2) driveways along the street frontage for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" A IT ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MA ITER 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 Applica)1t -LHAS 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 "C" with notation "Included". ,," 4. , The APPlicant's'application for relief is hereby .J t,./' 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: /0 -a().-O S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-010 to 03 010 to 03-012.doc y . 'locatioaMap . Gateway Shell ~ ~ '~r 'R '/t~' ~ ~ . ...... ~ { Ii I J I - -.: SITE . I L . l,;"~ ~W ., J~~~~ f 'PUD . 1 " T ~ ~, 1 J ~ ., ~ 77 I "\ PU J J J .-- (--- "'I) ~- ~I-J , ] R3 I ~ _~ 1 . ~ ~ ~ ~ ;:-~~@~ [il\ ;~l' 1 REC. -- 7 ~ 1___- -o_ J i __ ~ -- j R3 I " j REC 1 T T I J J _ III J r 1 I ' 1 J --- ---- \ - - \ I J f J ) l ~ ~I-:J '~I 7. J .- JLJ ~ I j 1 . EXHIBIT "A': " · w. . . 0... . . i I;:- HH t:-,-b ~l\ ~J ~I- ~ 'i' -! ~. "B" .- - -- EXHIBIT C-/, oS: . ~ <$'...... W -4y /1/c.. / ,6..a...."'" 4...".,y_ P"- ~.""h'_ ~~~_ '"" . r.r~ t Irt~ r:.~ . , , t l~ ........... .... h ':.:~,:. -; '5.':'. ....:.' ~ :.q.;':':~';~_:~~,;j?:_"~ :'_;:;"_.'. '..:_ .~:. :',~'::" .: . '=\. "l ~ ~~ tl- ~t ~..... :10,\0\ ~ ~ ~f ~ t" ~t i 1 ~J -. :b-. LI ~ ~ .j i . '''I' <t I I I ~~ I ~... I ~i i ~ 2 ~'tl ~ .:fL 1lo8~'" w t.. ~$; -. -0' ~t ." .....~ ". · 1I~ ~ tt'r~ l' #....t ~ tot... 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I ==:> t HIGHWAY N 0.1 If - I .. I~ > I ,. I i ~ In ~ I d.o > I II l~ 0 I !~I I I I I -0 > .. lI: > " II) > < rTl Z C rTl I II I~ r:1 I !II, I I II!I II ~ il I I: I , f~!Z iljl IIi, Jf ~Ig I ~I i II I ! 1, I I : I I g '"'1;'""___ Ilii~li ~ II. i III i II 1111'1 ". Ii,', IIi I it ii...ll 888: i1!:;!l;!l;!lill ilI;!lilli Iii ;lllii !I!~ ... I:.. , UI i ~ ~~ o I I I I IJ URI ___AL'l&lA11ONTO: ==::: II :; II !S _ ; I GATEWAY SHELL Pm lL__ ! i . . I I l! -- , ,,--V_M..._'I1DCIIoCClI .. .. ..... IP\.E. ---- I I ~ 2380 NORTH FEDERAL HIGHWAY fiii!a - . -... I 8 . li:~ BOYNTON BEACH, FLORIDA 33436 , . :'W~""'-=~-r-'- 1lI...."'E- ..... 11 III II I II <, " illll 'lI"i [i' i I~I 'I I ! Ii '" # s ~ .. , @IV . i i ; j" 'l~ ~ @) Illlrll~ = = .. ! ~ r , D i Ii , ; ; t D' I D I: I ~ Ii 11111 II ~I II r I "r I !III !I Iii I~I~ . Ir II 'i I 'I' II I 11.1 II I' III 11'1 I~ III .'il II. II 'I" II III1 i; I! ~'5 I~I I II Iii III I Ii !II I · I. II - " EXHIBIT "B" .,. , . .~ I I I mil IliglE ..-oemADDmONNfOALlEAATIONTO: ......... II i I -- GATEWAY SHELL II ...-- l I J; 1 ; -- , _Y_"'~Y1lElWlCll .... .. ...... P&. ---- 23eO NORTH FEDERAL HIGHWAY - _lO- t . .. BOYNTON BEACH. FLORIDA 33436 ~ =-..~.:a-........~"'" ....~- .... EXHIBIT "B" , f ,II il ~il U~tn II . I 51 ;11 illl f + . I II II~ I;~ .1 '. t I I M'I fl I! 1111 III ~U II, II! ill II d II bl II i~ III' II il; "t ~ I r I Ii ! II~I . . i II &1 -0 . II I ~ (!) li~1 II~ ~' '" II i~ :;: a&1 a fi "11111 j II ' ;' I~ 3- c ;: I I~ f ~ 11.1 ia!1 ili II lif II i II ; ~ > " jl111' Ii iil. II 11111 11~li~ II~I 'I i" I II i Ii , ,~! il PI Ii I n . t " -om !J · ;ox -@- !fie;; ! o::t "'~ t ~\:! t 8~ H 3~ ~r.c ->> ...m II >f;; 1 ....:li I~ ~.... t ~~ ;1 i5~ ~~ i ~ J cglii !'l I~ ~i l;l -0 ~ ~ II ~ 0 '" "' c > ' t 8 ijiii>i1~ ... g ~~ il I I I , I I. I' illl I i D k I .. PAOI'OlIED ADDITlOH AND AI.'IeRA'IlON 10: GATEWAY SHELL ...-v_......._'I'IlWXlt 2380 NORTH FEDERAL HlGHWA.Y BOYNTON BEACH. flORIDA. 33435 Iii _............. F..i!!5i! ,- ::..=='h.......:-..:-::---r.... ..-- " . -- ---- --- ll:l:""If- ..=- ; ~ ,~ ., UlaUIU ==:> ~~-. II Ii u. S. H, G H . 11111 W A 'r' N O. 1 !_; I 5 - IIII1 ;11 I; 11.- ;l8Jlld c p g - ~ EXHIBIT ''B~' ~ ~ .. )> U> -0 )> .. !: If )> U> J )> < I"'l :z c I"'l i fi b t;> Ii l!t:im i g a Ii t;> * Irfi ~~ Ill... ~I", . If "'i jiliU~ J!I un f I i .! .." <:; II B I ' i If J ~lu~lI!1 ~~~U I * ill " 6 R r"" i I I I ,~~ m - ~ ~ll: J: II Il : :t~ It ADOIlION AND AL'lERAlIONS 10: -- ---- - Il' .~P I ! . i I '; ! - .' ~ a I: ~ !. ~ ~ II II~~ iJ/I-lllfI. , SIIst.,l_ 23eO NOR1H f'EDERAL HIOHWA V BOVTON BEAat. Fl.ORIDA 3343S Landscape Plan .' r:XHIBIT 111" EXHIBIT "e" .. MAROUF SHELL VARIANCES 5/26/04 Chapter 2, Sec. II Supplemental ReQulations L.3.d.(1), (3), (4), Driveways Co (1) No driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-ot-way lines of public streets. (3) Driveways shall be located less than thirty (30) teet trom any interior property line. (4) Driveways will be limited to one per street frontage. ( 1 ) Request a variance from this section of the code as the site has only 140 LF of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas. Therefore it would be impossible for any driveways to be 11 0' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is only being upgraded for looks, the driveways must stay in their current locations because the traffic patterns \ have already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must remain in their current locations. L.3.e. (3), Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L.3.e.(a). No Canopy shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L. 3. e. fb). No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The required front gasoline pump island setback is 30 feet so we are requesting a variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. ," .l~ ", MAROUF SHELL V ARIANC Page 2 , "'"" EXHIBIT "e" " . L. 3. f. (1) BUFFERS A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The Landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~ ~~if cr.b"~"~/'tfiZ ;.JtVd~/2- Boy/l6t BfK~difl{o;~ances ~ /' ,- 0 tu Part III Land Development Regulations ~ /-- L?'/ /Y I ~/ SIGNS , .' Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines '"" :'1\ EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (f.k.a. Gateway Texaco) File number: ZNCV 03-010, ZNCV 03-011, and ZNCV 03-012 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS <. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Connnents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Connnents: 2. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-010 to 03-012 Driveway\COA 03-010 to 03- 012.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 E.1. Gateway Texaco (ZNCV 03-010 thru 03-012), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L,3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L,3.d.(3) requiring that driveways shall not be located less than 30 feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L,3.d.(4) requiring that driveways will be limited to 1 per street frontage to allow 2 driveways along the street frontage for an existing gas station business E.2. Gateway Texaco (ZNCV 03-013), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L,3.e.(3) requiring a 20-foot rear setback to allow a lO-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station E.3. Gateway Texaco (ZNCV 03-014 and 03-01S), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.S-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business EA. Gateway Texaco (ZNCV 03-016 and 03-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 Regulations L.3,f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include 1 tree 10 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3,f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business E.5. Gateway Texaco (ZNCV 03-023), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business E.6. Marouf's Car Wash (NWSP 03-011), 2360 North Federal Highway- Request for new site plan approval for a 1,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district City Attorney Cherof informed the Commission that they could hear all six of the Texaco items together but each matter would have to be voted on separately. He swore in everyone who would be testifying and explained that all documents that are part of this meeting and those documents from the CRA meeting are part of the proceedings. He asked anyone with special qualifications to state those qualifications. Mike Rumpf, Planning & Zoning Director, explained that the variances pulled from the consent agenda are all in conjunction with a major site plan modification or an amendment to an existing conditional use, which is a gas station located at 2360 N. Federal Highway. The conditional use is for the expansion of an existing gas station/retail store for storage purposes. The gas station is a conditional use by the City's zoning regulations for the C-3 zoning district. It is also a non-conforming use and, by code, has limitations on how it can be expanded or modified. Through an approval of an appeal filed by the property owner last year, the Commission deemed the proposed expansion part of the retail function and separate from the non-conforming gas sales element of the business. As part of the review of this project, staff identified numerous non-conforming aspects of the site, in addition to the use itself. These are covered in a summary distributed to the Commission. A copy of this summary is on file in the Office of the City Clerk. In the first variance, the code sets limitations on the number of driveways permitted at a gas station and the minimum distance the driveways need to be separated from the intersection. 11 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 There are two driveways located on the west boundary and one compliant driveway on the south. The variance would cover the minimum distance that is required as well as the number of driveways. Staff recommends approval of both variances due to the difficulty in eliminating them without interfering with necessary circulation. The CRA voted in favor of them also. The second variance is for the rear setback. The proposed expansion is on the rear. The rear setback for this project is 20 feet. Due to the existence of equipment along the back of the building, the proposed building would have a lO-foot setback. Staff opposes this variance due to the lack of hardship since there is space to place the expansion adjacent to the building. The next two variances deal with minimum setbacks for canopies over the gas pump islands as well as the setbacks for the fueling pumps. To move them would eliminate the pumps, which could significantly impact the business. The code requires a 10-foot wide landscaping buffer along street frontages as well as interior lot lines. This cannot be accommodated along the western (front) side. Staff supports this variance. This is being accommodated on the south side where there is enough property. Commissioner Weiland felt that buffering from the neighborhood should be looked at closely on both the east and south sides. He would like to see the area densely planted. Mr. Rumpf explained that if one parking space were removed per staff's recommendation, the need for the landscape variance in the rear would be eliminated. There is a surplus of parking spaces. The existing site sign on the southwest corner of the site is approximately 5 feet from the nearest property line. There is enough room to move the structure to be in compliance with the 10-foot setback and still be visible Sandra Bailey, 644 Las Palmas Park, said she has lived there for 31 years. She did not feel that the addition of The Harbors townhomes was taken into consideration. She requested a traffic study taking these new residents into account. The traffic at Las Palmas Park and Federal Highway will be increased tremendously since the City deleted the entrance and exit to the Harbors on Federal Highway. Both the Texaco lot and the lot for the proposed car wash are already non-conforming and are not to be joined. Allowing a driveway to connect them is, in essence, joining them. She implored the Commission to take the residents' concerns and safety into consideration. David Teitsma, 6S6 Las Palmas Park, felt that the area was too small for any additional traffic. He had concerns regarding accidents and more police calls for security. Hope DeLong, 707 Presidential Drive, was disheartened that the neighbors' concerns were not taken into consideration. She said that she and her husband could not leave their property between 7 and 9 a.m. and between 5 and 7 p.m. because of the traffic. She felt that this project would affect their property values. There is also a flooding issue between Las Palmas Park and Lakeside Harbor Drive and no one from the City has addressed this. She was also concerned regarding security because people from the gas station circle their cul-de-sac. 12 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 Carol Muchel, 637 Las palmas Park, said that going south on Federal Highway at Gateway Boulevard, people see a traffic disaster and that was not a good first impression of the City. The Texaco Gas Station is non-conforming and sells gas, bait, beer, milk, knives and pornographic material. It is a mini-super store on a tiny lot. There are problems at another car wash not far away and the same problems could occur here. When beer trucks are parked in one of the two lanes, there is not much space left for the residents. She felt that if the Texaco Station was going to have another business, they should have to put in an additional traffic lane. She requested that the Commission take into consideration the fact that children live at the end of the street and that none of the residents want to look at a car wash. Robert Muchel, Las Palmas Park, said that there are problems with the retention system for the sludge from the car wash. Another consideration is how to regulate the directional flow of traffic. He felt that the traffic study is flawed and does not take into consideration whether traffic is coming in or out of the gas station. This project will increase intensity. There is a safety issue, not just for the homeowners but also for other citizens who use Intracoastal Park. He felt that this was encroachment of a commercial property into residential areas. He requested that the Commission deny the requests. Julie Szymkowski, 6SS Las Palmas Park, has lived there for 31 years. She was also speaking for two other long-term residents. The residents are asking for denial of the requests. She felt that the City regulations were for the safety of the residents and guests. Gateway Texaco sells food, beer and lottery tickets in addition to gas. There is heavy traffic at the site and a risk for serious injuries. The perimeter road around the proposed car wash is essentially a turn-around for cars and trucks and they exit on a platted 50-foot road, Las Palmas. She requested that the Commission consider safety factors of increasing the number of variances on an already non-conforming property. Sally Dalton, 6S0 Las Palmas, said that she witnessed two little girls on bikes coming out of the gas station going to Intracoastal Park. She was concerned for their safety. The traffic is too intense for more of the same. Beril Kruger, representing the petitioner, said that this project would not increase traffic. It was only to construct a storage building. At one time there was a trailer parked in the rear to store sodas and Code Compliance cited it. The storage building might decrease the need for many of the deliveries. He explained that this building is not causing flooding. That is a City problem. The EPA regulates that every car wash must recycle its water and, therefore, it does not go out into the street or into the sewer. Mr. Kruger said if the sign is moved 10 feet east, when the trees are installed at the development to the south, the sign would not be seen. There is also the cost of moving this large sign. The eRA recommended that the sign remain where it is. He explained that the reason they were requesting the rear setback variance for the building was because there is equipment behind the building. It is very expensive to move this equipment for the refrigeration units and air conditioning units. They would prefer to leave the 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 equipment where it is and it is blocked on three sides by buildings and there is a wall on the north side. Mr. Kruger said that the one parking space had already been eliminated so the applicant will not encroach into the rear buffer. City Attorney Cherof reminded the Commission that under the City code there is an element of hardship that is required to be established. The concept of hardship under law is "An applicant who seeks a variance must demonstrate a unique hardship in order to qualify for a variance. It has been held that a hardship may not be found unless no reasonable use can be made of the property without the variance." In taking into consideration the element of whether a variance should be granted or not, the issue of hardship must be taken into consideration. The fact that there is a business ongoing on the property makes it clear that there is a use of the property under the current zoning code, although it is non-conforming. Therefore, it would be difficult to establish that a hardship is necessary to use the property in any reasonable manner. Mr. Kruger explained that originally they were not asking for any variances. When they came in for a major site plan approval, staff asked that they apply for variances. Commissioner McCray asked whether there was a traffic study performed when The Harbors went in. Mr. Rumpf replied that there was. Mayor Broening felt that the City Commission must judge what good could be done against what harm could be done. The owner is willing to put money into improving his business. Everything along Federal Highway is zoned commercial and it must be realized that it will always be there. He did not believe it compromises the quality of life if we insist on high standards of design and good traffic management. He was not convinced that there is any harm done and felt that a valuable community service was provided. Mayor Broening asked for a motion. E.1. Gateway Texaco (ZNCV 03-010 thru 03-012) - Driveways Motion Vice Mayor Ferguson moved to approve item E.1. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. E.2. Gateway Texaco (ZNCV 03-013) - Rear setback Mayor Broening commented that the CRA denied this request. He said that this is for the 600- square foot building. Commissioner Weiland asked what the height of the addition was. Mr. Kruger replied it was the same height as the gas station. Commissioner Weiland said he was a proponent for allowing variances to encroach into setbacks to enable people to do modifications. However, it should not affect other people. The 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 applicant is requesting to plant 10 to 1S-foot trees. If the trees were 1S feet tall, they would block the roofline of the building from the neighborhoods to the south and east. Mr. Kruger said there would be enough trees in the back to block the building from being seen. Commissioner Weiland wanted to ensure that this would happen because the landscape buffer has a lot to do with his vote on the rear setback variance. Mr. Kruger asked whether an average of 14 feet would be satisfactory. Commissioner Weiland was agreeable. Motion Vice Mayor Ferguson moved to approve item E.2. Commissioner Weiland seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. E.3. Gateway Texaco (ZNCV 03-014 and 03-01S) - Canopy I pump island Motion Vice Mayor Ferguson moved to approve item E.3. The motion was seconded by Commissioner McKoy and carried 4 to 1 with Commissioner McCray dissenting. EA. Gateway Texaco (ZNCV 03-016 and 03-017) - Landscape buffer City Manager Bressner explained that the discussion earlier concerned the area behind the building between the building and the car wash. Commissioner Weiland said he was concerned regarding the view from the east or south. He did not object to the variance as long as there was density and height. Mr. Kruger agreed. City Attorney Cherof noted that it would be necessary to include that as a condition of approval to the development order. Mr. Rumpf clarified that the condition referred to was the one described for 03-013, increasing the tree specifications at time of planting to 14 feet. Commissioner Weiland added "and the 24 inch hedge material." Mr. Rumpf explained that ZNCV 03-016 is for the western (front) buffer. There is no pervious space to plant anything. Motion Vice Mayor Ferguson moved to approve item E.4. Commissioner Weiland seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 Motion Vice Mayor Ferguson moved to approve item E.5. Motion was seconded by Commissioner Weiland and carried 4 to 1 with Commissioner McCray dissenting. E.5. Gateway Texaco (ZNCV 03-023) - Sign E.6. Marouf's Car Wash (NWsP 03-011) - Site plan Motion Commissioner Weiland moved to approve item E.6. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. (A comment card on the following item was overlooked previously in the meeting.) B.1. Award the "ANNUAL SUPPLY OF POLYPHOSPAHTE TYPE CORROSION INHIBITORS," Bid #072-2821-03/JA, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 Robert JOhnston, 7064 Thompson Road, Boynton Beach, explained that Sweetwater Technologies was one of five bidders. Mr. Johnston works for Calciquest, Inc., who was also a bidder. He felt that Sweetwater did not meet all of the bid specifications, most Importantly, that the bidder must have specific references detailing different types of water treatment. Sweetwater listed in their reference section five membrane softening references. Of those five, four are not membrane softening references. He felt that the City had been misled on their references. Mr. Johnston offered to provide the telephone numbers for Sweetwater's references. Mr. Johnston also said that Sweetwater has been terminated from dOing business with Collier County, Florida. They were terminated for delays in shipment, the method of shipment was different than what was called for in the bid, the invoices submitted for payment showed a larger amount of chemical was delivered than was actually received at the water plant and the test results in the water treatment system showed that their product did not meet the Collier County specifications. Boynton Beach specifications request on-site technical support. The technical support from Sweetwater would be from one of their representatives and he did not know where they would be from. Calciquest was the only other responsible, responsive bidder to meet all of the specifications. He lives in Boynton Beach and could be on site in five minutes. City Manager Bressner asked whether Mr. Johnston has had conversations with Bill Atkins, Purchasing Director, regarding the issues raised tonight. Mr. Johnston explained that he did speak with Mr. Atkins who informed him that Calciquest was $14,000 higher than Sweetwater. Mr. Johnston submitted an exhibit that is on file in the Office of the City Clerk. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida October 21. 2003 Since a representative from Sweetwater Technologies was not present, Mayor Broening suggested that the Commission consider a motion to reconsider this item and ask staff for an analysis. Motion Commissioner McCray moved to reconsider. Commissioner McKoy seconded the motion that carried unanimously. Motion Commissioner McCray moved to table the item. Vice Mayor Ferguson seconded the motion that carried unanimously. E.7. sunbelt Hydraulics (sPTE 03-003), Lot 9, West Industrial Avenue - Request for a 1 year site plan time extension for a 1-story, 12,480 square foot industrial building with related parking for a business that services truck bodies on a l.44-acre parcel in the M-1 zoning district Motion Commissioner McCray moved to approve. Motion was seconded by Vice Mayor Ferguson and carried unanimously. K. Approve summary change order for Intracoastal Park project to DiPompeo Construction Corporation in the amount of $135,065.53, thus making the final contract cost not to exceed $2,044,065,53, which is below the project budget amount of $2,060,000. This change order yields a 7.1 % increase to the project cost, which is less than a standard contingency of 1 0% that is normally used for City capital projects. Thus, the cost savings on this project, compared to a standard 10% contingency, is 2.9% or $74,451. Commissioner McCray announced that there was a savings of $74,451 or 2.9% on this project. Motion Commissioner McCray moved to approve. Commissioner McKoy seconded the motion that carried unanimously. VI. CODE COMPLIANCE 81 LEGAL SETTLEMENTS: None VII. PUBUC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE UMnED TO 3-MINUTE PRESENTATIONS Brian Edwards, 629 NE 9th Avenue, thanked City staff for clarifying what was happening regarding the Sea View Trailer Park property as it pertains to a recent proposal to possibly build hi-rise condominiums at that location. Speaking as a private citizen who lives within INCA, he did not want to dabble into any property owner's business in terms of what they sell or buy their property for. However, he stands by his neighbors as clearly stating that they do not want 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 hi-rises in their neighborhoods and they will not tolerate having them. He would like to hear someone go on record as saying it will never happen. Mr. Edwards thanked Mayor Broening and Commissioner Weiland for all the service they gave to the City. Herb Suss gave the City Clerk, the Clerk's Office and the Golf Course five stars. He felt that Mayor Broenin9 was the best Mayor he had known in the City and asked him to stay involved. He also acknowledged that Mayor Broening's wife, Delores, was the best. Mr. Suss recognized that the District 1 Commissioner had tried and he wished him God speed. David Katz, 67 Midwood Lane, felt that because of the current Mayor's lack of leadership, the City suffered during his term of office. The Mayor made a political appointment, not a quality appointment, to the CRA Board and then pushed to have that person become Chair of the CRA. He advocated the need for the rezoning of much of the City's light industrial land, thus allowing the construction of high-density rental apartments in those areas. The increased traffic and burden on the water supply that these rezonings will cause should alarm all the residents. He failed to address the need for additional police officers. He championed increased taxes on the residents of Boynton Beach by having an unfair and possibly illegal fire assessment. Shirley Jaskiewicz, 1917 SW 13th Avenue, reminded the Commission that they were the recipients of a previous Commission's four years of hard work regarding the redevelopment of the City. There was a lot of community and staff involvement and that is what made it all possible. During her administration, they arranged for a consortium to attract builders and find out how they could rehabilitate the Heart of Boynton area. They had two suggestions - start the acquisition of parcels of land and rid the area of drugs. Herman Rice from the federally sponsored program came in for an intensive eight-hour workshop. Ms. Jaskiewicz regretted that the community policing that was put in place could not be implemented further. She thanked the Commission for their service. Harry Woodworth, 685 NE lSth Place, recently learned that the Sea View Trailer Park was for sale. He said that he would not repeat what Mr. Edwards said about not wanting hi-rises. The 20 people on his street feel the same way. He would like to know how the Commission feels about infill planned unit development in low density residential areas. Mayor Broening said he does not have to rely on the Commission because he is protected by ordinance and zoning. Ron Washam, 112 s. Atlantic Drive, W., was also disturbed to hear that the Sea View Trailer Park was going to be seven-story condominiums. He has learned that this was not true. He said that the Mayor is correct in that the ordinances do take care of the citizens. Bob Ensler, 26 Woods Lane, thanked Vice Mayor Ferguson for his efforts over the last three years. He also thanked the Mayor for his support. Mr. Ensler felt that Commissioner Weiland worked very hard over the last four years. 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: This item remained postponed. B. Project: Agent: Owner: Location: Description: LA. Fitness (ABAN 03-010) (Applicant requem postponement until 1.1./5/03) Derek Vander Ploeg, Vander Ploeg & Associates, Inc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement Gateway Texaco {COUS 03-007} Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district Mayor Broening noted that this is now a 600-square foot addition. Motion Vice Mayor Ferguson moved to approve. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. IX. CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabled on 5/20/03) City Manager Bressner announced that this item may be ready by the next City Commission meeting. City Attorney Cherof said that he has a pre-conference meeting tomorrow with their attorney. x. FUTURE AGENDA ITEMS: A. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance B. Proposed modification to the Land Development Regulations regarding rear yard setbacks C. Follow-up Meeting with CRA on Development Issues (November 2003) 19 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida October 21. 2003 D. Workshop regarding City Hall/Public Safety Space Needs Report (November 18, 2003) E. High School Task Force Report (December 2, 2003) F. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (December 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) H. Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 I. Discussion regarding proposed off-premise sign at Texaco Station (Tabled on 8/5/03) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 03-055 Re: Authorizing the abandonment of a portion of the road right of way for N.W. 3rd Court (First Baptist Church) City Attorney Cherof read Proposed Ordinance No. 03-055 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-055. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-0S6 Re: Authorizing abandonment of a 1S-foot wide utility easement (The Harbors) City Attorney Cherof read Proposed Ordinance No. 03-056 by title only. 2. the Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-056. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried unanimously. 20 The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 October 25,2004 www.boynton-beach.org Mr. Beril Kruger Beril Kruger Planning & Zoning Consultants 9 Northeast 6th Street Delray Beach, Florida 33444 Re: For: File No.: Location: Dear Mr. Kruger: Zoning Code Variance Request Canopy and Gasoline Pump Islands ZNCV 03-014 and 03-015 Gateway Shell- 2360 N Federal Highway Enclosed is the City of Boynton Beach Development Order for application items ZNCV 03-014 and 03-015, which represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) regarding canopy location, and L.3.e.(b) regarding gasoline pump island location. The City Commission approved these variance requests on October 19, 2004. Please include a copy of this letter and Development Order when you submit your application for permitting at the Building Department. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, JyJ~ Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\Approvalletter after CC.doc .. Development P&Z Building Engineering Occ. license Deputy City Clerk ~. DEVELOPMl:.c #rORDER OF THE CITY COMMI~<o,.,.JN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 ---- DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Canopy and gasoline pump islands ZNCV 03-014 and ZNCV 03-015 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gasoline dispensing establishment; and Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 1 0.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR 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 cop~i~tent with the requirements of the City's Land Development Regulations.' " . 2. The Applicant t/""'HAS HAS NOT [OCT 2 2 ';~:04 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 "C" 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. Page 2 Gateway Shell ZNCV 03-014 and 03-015 " 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other 7. DATED: 10- City Clerk hellWariances <revised 2004)\03-014 to S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texa Gasoline\DO 03-014 and 03-015.doc " ~i , I "ii l'locationMaSheI,;:"P Gateway . ----c:::. T r ~ 'I _.-- I I J.- I~ -= SITE · 'r: p~ J J --- J -- _- I R3 - -- --- \ A,_ \ l ~ j . r L ,\'~s I ~// ,....,. f IPUD REC. I 'j ~~, J -...:- 1 I . j I 1 jT jt J' / ' REC I I I J r T TTTTT J J J T 1 J r rr-T/ 'l) 1~~ J _. ~ J j EXHIBIT If A I' . ~ ':'~'" w. h.. .;, i.'>.':, ."..,.. ':""'-'i . " "'-:''- '.,,:. .' .'". "".' ...._ T "B"........ EXHIBI, ___,.,.,.....~ '" C/.~" ~cG'",.,WAY /I/c.. / 604..,.0.... cS'~ 4.....~~_ ~ tr~t !-"f'f' :t :-.. l!..~ .. ~u t~ '-\. 't, 1. ~~ l~ . l)'" .....~ ~~~ . ~~}t : ~l~~ ~!~ . ~..~ ~~~ tN I l'"~ ff 11 l'l '\. I ~ I l- \<~ I t~ t\::~:_- -tl I r 'C~ . t~ I -! k ~~ t' I ~~'. ~l; I ~ tt ' t 'Si 2~ ... . ~ '. ~~ ,-. -..... ~ ~ ~ ~~.".:t ~ . n %~ ~ " .. ~" -0 ..... i ._.<<.:.A6_,..oCr ~7 .,. :" ..... . -'-- -..'" . a~. ,. '" .., 4U 'lr-'4' . ........ _ ___ _ . . ~ '-'! s. ':':~~~'j1._':'___ un -..~ IS . . ~t.- ::~~~.4':::;--"r(ll!p'iili'lllillilllll ;~ i Ili.li,ijIIIlIIIMjlll!!1 ill j /I!I ! ill"iil; q. ii 1111!li'IIIIII!ltl~' ~H,'I II!". l.ai~I' D~ 5 III;ilililJill II i ~ ~ ~~" t.T!. Uil l'~ ... . ZlCL- 'J'; II J t\ ~ 'I . ~ '!I!! \ i. -I If _I I~ )>:' -- I I . i: I. I ~ I II~ ~ ~ I j III )> jl ~. g " i -; " . f I ~ S~ I ~ I ~ I I I I I "-'1 I- i i; - 'p i -' I ' Ilh 1.' . '1ii1lh ~ II 1. _ · liilt&- " 111.9 a' i I ~ - .. II I, J~ II . - ..J! -"' . .".. /. ,'-': ,YJ' ,~.;: '.::-' 'I'.rA /- ;,,' _': - I /, , . \. I J't ,A U. _ III 'J I I ,.. II I EXHIBIT "B" _ Illil . , III; j III , I. - It I ., ~ =:> N 0 -R T H B 0 UNO U. S. I ==:> t HIGHWAY N 0, 1 ~~ ~I 'I :1: : I Jf I :;, I ! 11 I I : I I ! .. D!Z lljt Iii -Ii - o I - -I 11 1 I ;1)=1 PROP08l!D-.oNNtOAL1ERA11ON'YO; ==:= . II .. , SS ~ ; I GATEWAY SHELL P!;I 11M .. ...... It.&. . ...-- ! I . I I I 1i s: f -- - _y_AtleA_'nllAICq ---- It It --- It 8 . (~ .l! 23eO NORTH FEDERAL HIGHWAY F.ii!!S - BOYNTON BEACH. flORIDA 33435 - ::...=:=:-..'WL:O:::'-.... ....."'1[- a.1ta I t ~il'llil~ 11 Id' II! l;~ ~ I IIIgl ;u II. ~I! Iii . al ill II . !I .. - t ~. IIlli --&- 1 III n . " . 0 I' i I II . ~ .' . III. t ! t t 1 .., :a i ~ . g EXHIBIT "8" I . , f ;g ~ en . ", I:> > 8 g z t J .11 it II !I t t . II II t f'1 .~ II n II il I' ~. u I. Ii 'I I . en ~ '"j. I:> + ~ !III Ii! Ibln 1'1' Ii IIII II Ilil.l; II: & i~1 I tiC I n i;i III ~Inll;~ ~ ,. ili ill Ii i Iii i1i I Ii Ilal II i. I & + . + + ~ ~.~ ! j\ . ,," . - ., i i i i > i III I Ii pilI" ; I D II . III G .J I. J~ II J . t. 1 II I i'll ..-osED ADllIt10N AIlDALlERAllClN TO: ........ II i I -.. GATEWAY SHELL f!II iii. ......,... . . 10. J; I' ~ i -- -.v_..__ IJlIIA .. .... P'.L ---- ~ 2380 NORTH FEDEAAL HIGHWAY iiil!5!1 .- -..- t . BOYNTON BEACH. FlORIDA 33435 ::;:;.:::...-.n=,=--= 1lI'=1'l- aQ== . c i I .. " 1; !! I j .. .. " 5 i ! II I~~~ ! .l,,-o Ja ChiS ~i f!:~ ~ "'~ !!Ix ~ ~~a :D 0> ~8 _ "'>0 ~o<.. ~ f:~il'i '" ~!1!d!f: II! ~:DUJ I >-:>>0 ~~~ "''<4 cn~<cn 0>> rr1 ITI ~ =Jtl lTInc ,. .. P'o a iii" "!ill. ~~l"Z ~~ s: I- 0 IYI b :1 .... ~8 M. "!I ... !i i:;M .. " i ~ I ., = ~I~~ i.... ..~... =!!I I D !f:z ! . ... 5:G'I a;:;t I .c ~! . . nlz iB =~ ~ ~~ " ~~ ~~ . I 00 . . I. . I g~ ~I I ~ ~ .~~ 'ii U~II '" i d ~ jg A!'- J_" . 1: c: " Q Ilj! z <:> v It J.lf ~- III ill I Ii r a;1 I ul I II [Ii ill , I I. 'I I. :I I I I EXHIBIT ''8'' I I I I I IIi PllIOI'OIEOADOmOH NIO ALTERATION TO: I I II :;. II ; I GATEWAY SHELL ..-- ! J ~ I ~ I: · f' -- " ! ...-.y_.....~y1DOCCll ..~.....,.L ---- I 2380 NOR1H FEDERAL HIGHWAY --- t . . . BOYNTON BEACH. flORIDA 3343S ::.W==:-..,...-=~-..:.=. =~- .,,11:I: . c n . EXHIBIT "~" '. . , L GU,II III 111l; ill N o. I jMII'1 !~!lllh ;lill IIi =::> NORTHBOUND U. S. P II - -- c::::::> HIGHWAY ""'""-- ~ r- )> tf) "ll )> r- ill: If )> tf) J )> < rTl :z: c rTl ~ * ::g I : I'" :1- II a . if eI t: ! ~ It . J I @ I iunl If f . r IIII f 'I ! IF It ~ . b~ Ii !im i g a Ii J: ~ - . !lnE)\lpm~~n I 23eO NORlH FEDERAL HIGHWAY 8OYTON BEACH, Fl.ORIOA 3343S Landscape Plan IIII~ 1'11-11111. ADDIlION ANO ALlER" liONS TO. , SJlst.,(., - ------ - ". ~ '~XHIBIT ..1" , . ~ EXHIBIT "e" MAROUF SHELL VARIANCES 5/26/04 Chapter" 2, Sec. II Supplemental Reaulations L.3.d. (1 J, (3), (4), Driveways .. (1J No driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-of-way lines of public streets. (3J Driveways shall be located less than thirty (30J feet from any interior property line. (4) Driveways will be limited to one per street frontage. (1 ) Request a variance from this section of the code as the site has only 140 LF of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas. Therefore it would be impossible for any driveways to be 110' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is only being upgraded for looks, the driveways must stay in their current locations because the traffic patterns ihave already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing " driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must remain in their current locations. L. 3.e. (3J, Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L. 3.e. (a). No Canopy shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L.3.e. (b). No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The r~quired front gasoline pump island setback is 30 feet so we are requesting a variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. '" . ~ MAROUF SHELL V ARIANC Page 2 ~.,' EXHI BIT .te". . '. L.3. f. (1) BUFFERS ..-' A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" olc at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The Landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street, L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete waf/. Landscaping shall be continuously maintained. ~. ~~ if 9". C '~I ~/, tfi!, f./td d'~/2- BOy~g Bf~~~fo;dYf,ances ~ / ,- ~ W Part III Land Development Regulations LY /--- Q'/ /y / p/ SIGNS .. Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines \" .'\ '. EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS t. .. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 2. To be detennined. ~ S:\Planning\SHARED\WP\PROJECfS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\COA Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015.doc ~ IO--{ (J -f, '10 -- ftJ r Jill ~71:y' "i'7A"7 SiN3wn:>oa 1\1 AOllddV 11\1931 The City of BoyTirtJn Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 October 25, 2004 www.boynton-beach.org Mr. Beril Kruger Beril Kruger Planning & Zoning Consultants 9 Northeast 6th Street Delray Beach, Florida 33444 Re: For: File No.: Location: Dear Mr. Kruger: Zoning Code Variance Request Landscape Buffers ZNCV 03-016 and 03-017 Gateway Shell - 2360 N Federal Highway Enclosed is the City of Boynton Beach Development Order for application items ZNCV 03-016 and 03-017, which represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3,f.(1) regarding landscape buffer along street frontage, and L.3,f.(2) (a) regarding landscape buffer on interior property lines for an existing gas dispensing establishment. The City Commission approved these variance requests on October 19, 2004. Please include a copy of this letter and Development Order when you submit your application for permitting at the Building Department. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~ Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJECfS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-016 to 03-017 Landscape\Approvalletter after CC.doc r .. DEVELOPMf T ORDER OF THE CITY COMMI~N OF THE Crry OF BOYNTON BEACH, FLORIDA Development P&Z BUI/dlng Engineering Oce. License Deputy City Clerk PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultan APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Landscape buffers ZNCV 03-016 and ZNCV 03-017 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) foot wide landscape buffer along the street frontage for an existing gasoline dispensing establishment; and Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 8.5 feet, resulting in a 1.5 foot wide buffer for an existing gas dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agemcy Board, which Board found as follows: i, i tftI)T '\ " pUl L L OR I ~., ,_ ,_ " ...) __., ; ," ,,~, ..-. , THIS MATTER came on to be heard before the City ~ornmjssidrtblthe .Gityof 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 Applicapt ~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 "C" with notation "Included". 4. The Applicant's application for relief is hereby ../' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED .. /.- Page 2 Gateway Shell ZNCV 03-016 and 03-017 '''\ Ji' \ 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. Other 7. DATED: IO-~:J.- () City Clerk hellWariances (revised 2004)\03-016 to 03-017 S:\Planning\SHARED\WP\PROJECTS\Gateway Shell tka Texa 016 and 03-017 .doc + y ( , I.locatio~SheII"P Gateway' I . ----.c:::. I , , , t ,-- "- , I ..,\.". '. f : "5 - r ~ SITE : . .... -' 17 Ptl I j - .---. "4'2 ~ , ..1-; R31 ~Oo ~.~ . : ~ ~ - --.. ~- - R3 ......- --- \ -ft ~ \ . J ~ J . , J "'~ , J ~~ ~ 1. ~ '--~/ / I J ~/ f ~ J~"'l,, / ) j , .. . I REC. : _: ~~@i1 ~I \ :~l' J , . ~ --, ...- r J - I' If I j 1 J I 1 I 1 RE.C I ~ f f I I I J J ? iW lJ J I J J J , EXHIBIT NA'1 . ~ ~~ - EXHIBIT "B" '. - .. <-. I I ~~~ I. . ~ . I i't; tt ~r Co/. oS: . h'l cO...,., WAY 1"1./0. / ,..4....... d"~ ~.,..~ ~~- " ~ ~. tr~t !ct'r. ~ :-. t~~ )U t. s............ ..... ':.: ,,:,': -5.':'. ;-<- ~ '~;';"~"~': ~~""?:'_~ .._.;::....,. '..:. :~;. ~,,::. ~ 'l. 1. ~~ '. h . ~... I-~ rf~ i' , 1'\ If ~ It ~ ~l =Ii: .. f\ J :t ~. ....--.. ~- <II ~ -". '" ~ - t - ~t" <t I 1 I ~~ I ~.. . - '. If I ~!LI 'Si 2~ ~ ~ fL . to ~~ _ -.~:: ~ ':, lSil .. 0 n 1 ~ tt' i.~ ~ tI ". ... rt.. " .... I -\ l.!> ~. ~ .. lb ~t ~n. ; ~~i- '714f rto . "" . - !!~ f ~.'. ..._ l ; i IIIllillillr.JIII!ij' ; , '~ ~I ell'. II 1111 ' ,'I!!~dj.l! I;.. . l?- ,I clll; 1.lihlll ill l-tf ~~ 'I 1!1I11 ~i II I ! a Iii! 11111 = II . \ 111~n '11 ~~I i J, ~ -11," ! ~I I IJliJl1J1hi' Iii _II ~~II JUt a!e ! ~ ;Jlgd~~;.L i.~t I ---... ~~~ . ~~ja ! ~l l. 1-!,... : l'~ ~J. t~JI . .. .. ~ ;J- 1 ti~~ ~'~ i 'i ~ti I ~- --. .- ~ I -~:::: -_..--- - ~. ~l ~ ~ , f~ '(~ ~f '~ i< ib" . "I ~ ------ '\. ~ - ..'1:_6-,":' ;i~li-iilil!I-lllllliI JiIIU I I 1'111 ,I,' = jllli' II' i illr.IIIIIIII~111 iji II 1111111~llllllil ~J-'~. II!jlll!Uilil~~C!! ,II &1 ~u, -. E 1~J II . .1I11~. , - - --l I ~ mr t! :zz\L - Ii J 10- Jill I i\ !l.' ~ .,1 II ~ 111= ~ I I .. l~ -0 i ,. I ;g ~ 1! I ~ I II i :>>> : I! II I; 1. I ~ s~l; [ I ~ .' I m I I . f f. II rippll~ Ir, J.III la' I II in II I~I 8 II !~II~ I .il' IliI J - II Ii"l.' I I I I 'i ',II I .11 I" , II i . II J I Ii' ~ , D~I iIi' Ili- I::AHII::JII 'B'" u . lit' IIr~ ! . .111 , 111- . 'I I III I ,.. n II I I' ~ ==:> NORTHBOUND U. S. I ==:> ~ HIGHWAY NO.1 ""i4iiv ~ ~~ Jf I ~ ;" I i I' I , : , I l o I 19111 ;&.... 888: i1~~~~~ 1I~;!I ~Ii jlun II! ...:i ~ In i ~ ! I I I I I 1111 PllOPOSED__AL_1lONlO; -.. II 01 , !S J j I -.. - GATEWAY SHELL JJI "M.IlLJIrrAP'.c. . ...-- I I . . II ii -- - -'V_A&8o'_'IElWlClI ----- It It -..- It . . ll~ ~ 23eO NORTH FEDERAl. HIGHWAY iE - BOYNTON BEAC:H. ~ 3343S _ . :....~.ra.:~_..... 1II'&..~ - ....1tlII - r II r::::::::> NORTHBOUND U. S. ==t> HIGHWAY EXHIBIT ''6'' 6' GUlli Iii 1'li.I,11 N o. I iMII i 11111 ill ;11'1 IIi ~ t c R ~ -[ -- r- > (f) "lJ > r- !I:: l If > . (f) ICJ J > < IT! :z c: IT! - ' i~b~1i lll~m i g a Ii ~ * III ~ I : flfi :f - . if a C S ~ K . ill' I I ~ . -. I lifif. . f IIII f i rl .t !l' t :PI'!' ~lu~llllm~~n ADOmON AND AL lERA1IONS TO: .1'1~ln~fl. t SIIs~t... - ------- - 2310 NORlH FEDERAL HIGHWAY BOYlON IlEAQI, FLORIOA 3343S Landscape Plan ". -':XHIBIT ..1" .. ;- EXHIBIT "e" MAROUF SHELL VARIANCES 5/26/04 Chapter- 2, Sec. II Supplemental ReQulations L.3.d.(1), (3), (4), Driveways ,- (1) NO driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-of-way lines of public streets. (3) Driveways shall be located less than thirty (30) feet from any interior property line. (4) Driveways will be limited to one per street frontage. (1) Request a variance from this section of the code as the site has only 140 LF of frontage along N. Federal Highway and 123 LF of frontage on Las Palm as . Therefore it would be impossible for any driveways to be 110' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is only being upgraded for looks, the driveways must stay in their current locations because the traffic patterns (have already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing " driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must reinain in their current locations. L.3.e. (3), Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L.3.e.(a). No Canopy shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L.3.e. (b). No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The r~quired front gasoline pump island setback is 30 feet so we are requesting a variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. .J, MAROUF SHELL V ARIANC . Page 2 ~ . ,.. . ~ I . .. EXHI BIT "e" L.3. f. (1) BUFFERS / A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The Landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on al/ interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~- V:~if r.C'-~~ ilLi'~ ;Jtd c/~t2- Boyli[t BfH~Rl{&dihances ~ / ,- ~ W' Part III Land Development Regulations LY /-- 9'/ /y ( p/ SIGNS _' Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines \~ '.1\ EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: Landscape buffers ZNCV 03-016 and 03-017 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. Providing a substitute form of screening of the site along North Federal X Highway where possible such as planter pots or boxes. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Staff recommends installing the Ixora "Nora" grant at 36 inches in height X along Las Palmas A venue at the time of installation. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Gateway Shell fka Texaco\New Shell\ Variances (revised 2004)\03-016 to 03-017 Landscape\COA Landscape buffers ZNCV 03-016 and 03-017_doc ~ (.r.(J - F (J /~) ('17 7'''/7 Y SJ..N3WO:JOO 1\1AOllddV/1V931 The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 October 25, 2004 www.boynton-beach.org Mr. Beril Kruger Beril Kruger Planning & Zoning Consultants 9 Northeast 6th Street Delray Beach, Florida 33444 Re: For: File No.: Location: Dear Mr. Kruger: Zoning Code Variance Request Sign Setbacks ZNCV 03-023 Gateway Shell - 2360 N Federal Highway Enclosed is the City of Boynton Beach Development Order for application item ZNCV 03-023, which represents approval for relief from the City of Boynton Beach Land Development Regulations Chapter 21, Signs, Article III, Section 5 requiring all signs must meet a minimum ten foot (10') setback from the property line to the closest surface of the sign to allow a five foot (5') variance from the property line, resulting in five foot (5') setback for an existing gasoline dispensing establishment. The City Commission approved this variance request on October 19,2004. Please include a copy of this letter and Development Order when you submit your application for permitting at the Building Department. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~t_ .G f:-()~ , Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-023 Sign Setback\Approvalletter after CC.doc t' " " DEVELOPMec....:; ORDER OF THE CITY COMMISL.)N OF THE CI~ OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) Development P&Z Bul/dlng Engineering Occ. License Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultant Deputy City Clerk APPLICANT'S AGENT: APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Sign setback ZNCV 03-023: Relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III, Section 5 requiring all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in five (5) foot setback for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR 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 amanneri;:briSf~tent'VI(i;th'~:-:~- , ,. -" 11 ,'- ,: . 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. OCT 2 2 """'''l;'l i ";,' 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby v' 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. 6. All further development on the property shall be made in accordance with t and conditions of this order. 7. Other DATED: ID-tl/l-O City Clerk S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texa \ w Shell\Variances (revised 2004)\03-023 Sign Setback\DO lLocatio~SheI" p . Gateway . --~~.:J:::::r , !- I F I '--- - r~ . I ; - ~ SITE · '17 PI I ,- - - ~ - ,,~) o;;;;;:r T .,~ R3 ~ .;:'~ --.- -- , . .- ....... R3 --- -- --- \ 'A __\ J j l . I J . ~ : REC. ~ ~:;~fJ@~ ~!! ,.3f I .....:: r .__ I I . ~ T r IT RE.C j j J ~ j , r j r TIT J J J j j r ? j~ hi :L] I '. EXHIBIT "A'1 . ~ .. .. 33.36' . , "- ~ ~& 24.76' *- 22.76' ~~ 20.76' - ~ :I: 13.76' '- ~ + O~OO' ~[h)@~~ {F@@@J ~&l[f(t'. llDutllklSl<dkixdl iJ a ~~ P<O>W<lli' (pJ0wJ~ 1] o@i! ' fP>~1i' lP'~ntUlmro iJ a 1'~ ID>b~<sD 'iJ D@~ 8 6181 '.J',. E~HIBJT "B" ,< . Shell' LOGO AND LErrERING- EXISTING SIGNAGE "Food Mart" IDENTIFICATION- EXISTING SIGNAGE "G8sollno" PRICE INDEX- EXISTING SIGNAGE "Dleael" PRICE INDEX- EXISTING SIGNAGE exiSTING GRADE I . 8 EXISTING SIGNAGE WI J!ROPOSED ADDITION 1/4 SC. GATEWAY Shell 2360 NORTH FEDERAL HIGHWAY BOYNTON BEACH. FLORIDA 3a435 . I /, . .. ..., ':':.:.-: "5::' ;':. .:." .:~;.~~.;~ :~~4",> ....:::.. ';". ~..:. _~:::~'~" "B" IBIT ,., EXH " \ ".... ~. ..c:s.,.., cS...~ ~~......~~~- ~ rr~t irr~ ~~ t~ '.. '. I I ~~~ I ~ t , tt~ tt tl C/..s:. h/~...vWAY /\/CO.,/ -..., '-l 'l. '.. .. ~ '. ~~ . ...- ..... '\. ~ /"1 )~"::\~ II '<:6" w. ~. " ill" . "I ~ ~'''''''''"'7 H-l: '_ 0..' ... ~ , -..-- "l.~u .. ~(~" ~ _ _ . ... 'f.-4" '...,.... ______ . . u.~ oS; c>o"':.~'jL_~_ ______ _ ~ $ . ~l"-- ~~::iE~-:;fl;tli-iUI;IIII;iI Jill 11)11 ft t~1 . I_ I' -llh!l= -_; ..I !II - ~I liIj;lil)IIIIIE!li:!IIII!'1 J~J =1.' E tnl J II IIf!biJJlJmil:JI i ~ ~r tii~ -=~ t. 2 "'"- t- . III J ,,- =1 I i \ j!1 II ~ . !I.il \ i.~ _ il Ir -I I~ -0 ~ " I . j I i ~ 1.1 ~ I 15 3 VI ~I i i!; ~ i! ~_ (J) 51 .. -0 . )> f ~_~ ,_ !~ I; [1 I ~ .... I I I ./" U . I il~ ..111 I ". II I I::XHIBIT "8" 3' 11111' " ,IIII' ,I II!. ,- " If ~ =:> N 0 'R T H B 0 UNo U,S. I =:> ~ HIGHWAY N O. 1 --- 14iocr ~ ~~:l Iii : I Jf f : 'I I ! 1, I I : I I I III ilil IIi, 01 . " · jl Ulililll, I If. Jail.' II' I II ..n Ie ~ , III lij II II I II 'ill a -I · I. .'11 'I j I I II 111111.11 I. .Ihlli II II.' , ;&u.. 188: 1l!:1I~1I~ l!I~lI ~~I in!~1 lilt ...:s ~ In i ~ I . I ! .1 ;1,1;' PROPOeID ADDI1lOIl ANDALTERAllON '\'0: -. II q , !S )I ; I -- ' GATEWAY SHELL III IlIA ... M.'IM. ...&. . ...-- , I . . I I -- l! ' _V_M_-.- ---- ~ 23llO NORTH FEDERAL HIGHWAY Eiiii - --- s s s . . 4: ~ BOYNTON BEACH. Fl.ORJM 3343S - :...~a;.ra..:.~.....- ==-~- ..== '. '~XHIBIT ..1~' ", EXHIBIT "C".. . MAROUF SHELL VARIANCES 5/26/04 Chapter' 2, Sec. II Supplemental ReQulations L.3.d.(1), (3), (4), Drivewavs ... (1) No driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-of-way lines of public streets. (3) Driveways shall be located less than thirty (3D) feet from any interior property line. (4) Driveways will be limited to one per street frontage. (1) Request a variance from this section of the code as the site has only 140 LF of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas. Therefore it would be ,impossible for any driveways to be 110' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is only being upgraded for looks, the driveways must stay in their current locations because the traffic patterns i have already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing , driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must remain in their current locations. L.3.e. (3), Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L.3. e.(a). No Canopy shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L.3.e. (b). No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The r~quired front gasoline pump island setback is 30 feet so we are requesting a variance of ,10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. . '. .. ... '," MAROUF SHELL V ARIANC Page 2 EXHI SIT "c" L.3, f. (1) BUFFERS ..- A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The Landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4,b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~. ~~ if 7.;;- '-~~ ~/. cfi!, f./td c;fP//6/2- Boy~gBfg~~(&dThances ~ / ,- ~ W' Part III Land Development Regulations LY /--- 4Y/ /y / p/ SIGNS . , . Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines \ ~ .... '. . EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: Sign setback ZNCV 03-023 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 2. To be determined. /~ S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-023 Sign Setback\COA Sign setback ZNCV 03- 023,doc '_""""-"",,,"'.",,.,,----_. II / '"' E )0.-' r (7 ;1 7/V t , 1:/ .~ / , 7?1J-7 VYp Sl.N3wn:>oa 1\1^OMdd\1/1V931 The City of Boynrtln Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 October 25, 2004 www.boynton-beach.org Mr. Beril Kruger Beril Kruger Planning & Zoning Consultants 9 Northeast 6th Street Delray Beach, Florida 33444 Re: For: File No.: Location: Dear Mr. Kruger: Zoning Code Variance Request Building Setback ZNCV 03-013 Gateway Shell - 2360 N Federal Highway Enclosed is the City of Boynton Beach Development Order for application item ZNCV 03-013, which represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring a twenty foot (20') rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for a building addition to an existing gasoline dispensing establishment.. The City Commission approved this variance request on October 19, 2004. Please include a copy of this letter and Development Order when you submit your application for permitting at the Building Department. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, 'A~ Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-013 Building Setback\Approvalletter after CC.doc ~ ,. DEVELOPM..)T ORDER OF THE CITY COMMI~ON OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. License Deputy City Clerk #' . PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Building Setback - ZNCV 03-013: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for a building addition to an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR 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 conslstentwith" the requirements of the City's Land Development Regulations. '" ';!' 2. The Applicant ~AS HAS NOT OGT22 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 "C" 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 wi and conditions of this order. 7. Other DATED: IO-t!1./J-D S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka T 013.doc - r~ ~ . ~ ,. !" .. ,nJUIli. , Locatio Shell' P Gateway , . ... EXHIBIT rtA'~ . ~ ~ " I ~ 1i -- ! '~' , Jt- ~ ......-. r ::: S~TE ~ l I . p~~ . .li~ ~~ ~ J. ~ ')('/ /. f ,- ~/ J J I~/ - ........ 1 - -- "'... t '--' I j , .-- ] IPUD I R3 ~o .~.~ . ; tii !II [7 REC . : ~~~~@~ ~~ - ..' 'j ;~u I " ..- .- ~ - i R3 , ' --- I j , { I I I REC J J j J l J J I , I ) l J J j, I - I r I ~T1 " 7 , ~ , L,-(~ I l-." . 1 ! --- \ ~.- \ I I I . ~. ..... \..,,1 C.' .'. .; .,;, . ....', ': ""''''' ~, "''''''':'.. '.i':.... . '<. .;: ., ". ....... 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S, . ==:> , HIGHWAY N O. 1 Uiicr ~ . ~~ ~,' !~ :;, I ! 11 I I : I I I o I ' 1;1 :11'. ~I~ II II ~I III -at If I~fi I!!IIIIII I~I Ii III 1111' liil J - I lilll.111 i I i II B.tN III III , I I I iJ IIIftE ~ADlIIT1ONNf()AL_TION'rO: - II q , JS , i I -- ' GATEWAY SHELL III IlIA .. ...... P'&' ..-- I I . I I f I ~ -- I . _V_MM_"II!lWlClI ---- ~ 23llO NORTH FEDERAL HIGHWAY sa - . ---- . . . . . !I BOYNTON BEACH. f'l.C)RJM 33435 . - :....=='~..n..s~--.- 1II"'~- .... . . ..~~g~ M ;g~ ..~Z . 0", CI> ~~ as ~s :". lilz ~ <: I :am ~ ~~ ;; g~ I g... ~ Z); X :a g z '" i !: .. !l ! g i ! ~ a i "' 5 ! EXHIBIT "B" f Is~ ~ I~! ~ illil~ to: Ri!!(I> elS~ -~~ i2 ,!!, .. JI:r . /. '/ ~' , v ,# ~-- .. f,*IIIUm i B ~Id III "'il I" iil ~b !;'i5 Ii 1'1 Ii II, II II I I I I 1= ~ADOITIONANDAL_TIONlO: ..-- I II :;. II ; I GATEWAY SHELL iii ..-- s J I ~ I · ~l -- Il ! -'V_Nl_ftlfOCa) 11I4 .. ...... ..... ---- I 2380 NORTH FEDERAL HIGHWAY f5ia - --- t e . . BOVNTON BEACH. flORIDA 33435 ="=~-=r-=~~"" =':l.l'R - .. Il8It11:l . l'1 ! .. . k ~ Ifn", : ~~ II: zpl mi1 ~ 0 ~ ~Q ; rTI-f (1)''' ....x 0> :an ...0 = !l :; ! ... .." Ii a:; i! :;~ !l<u.J g!a~o ,. >-,.,C!l "'-4 G\~<0 :~ r tTIt:na ....I ~'.'pI ~e . . -fP'>>~ I;. 0 PI :i ii "! .. I i a i.... f !j ~ ~i ~~ r= ~ /.!- p I I II I 'I , I I. , I I I ~ - EXHIBIT "B" ,,:: " . I! III II I II '. - II Ii! II i I II [i),. jib lp Iii I I~I , I I .1 ~ f tI1 W - i- ;i'.I~ ~ @> I~II!II. -== -== " ! ~ ~ I J' Ii 'Ill l. ; I iI J J a iI II I re I~ III1 j . il it II i 111111 III Illr .. II !Ill 1;.1 II ;11 ,II IIi! Ii II! -Iii IIII I; il! ~~I ;Ii I II ill JIll Ii II! . . II II I I I I I iligli ~HlDIllClNNfOALTEIVo.'l1OK1O: I II i I GATEWAY SHELL ...-- . I ~ , ; -- , ,,-,v_M_1EXACCI IlIA .. ...... ,.&. ---- 2380 NOR1lt FEDERAL HIGHWAY - _a- t . .. BOYNTON BEACH. FLORIDA. 83435 . 1I:.'=l'='OOV'..:.'I:'o.-.... .....~- .... '. EXI-IIBIT "B" ':.. . . I . t ;g ~ en ~ '" er > g ~ t J t .11 if ~il 1~!ln II II ~II ~dl t t . I' II 'I~ I~! f' II t I I -'I 11 III~ III ;u II. ~I! Iii " ~I I' ill II it III~ . il ib '~ t I ~ I II I I 1111 II . ~~ , I I :; . . i I' &1 " ~ %J I. r ~ IB~I liD . ~' en II !I l:l all a r '11111 . I' ' >- er 1= I u 1.11 2 Ii 111111 d t ~ ~ iil~11 iili ~i I > ' I IIi Ii' Ii Iii- I; 1111' Ilil.i~ II~I II i~ I 11111 . I~i i~ I n . t', il Pi ;g~ !i - !6fii o~ cnj5 ~~ f ' ~;;t H ~= ~!< .1 ...'" II ;>r- ~ It ~~ II 6,.. _ z_ ;g~ :;: ~- , ~c;; !'l ~i fil. er ~ II t "j i i i i i i III Jlo ~~ !a~ ~I ~ ~ ~ ' S i' Ii' IDDt S i D II I I I I I i'1I1 PIlOPOSl!D ADOIt1ON N'!D ALTERAlION 10: ,........ II i I -- GATEWAY SHELL III ... ..".., .... . . .. ~ l' - . -- ,. ! ,,--V_MeII_TIMCCII .... ~-,~ ---- i F.ii!!ii! --- t . !" 23IlO NORTH FEDERAL HIGHWAY . BOYNTON BEACH. FLORIDA 33435 :..==-~~-::=. ==-'"'(- a.== . EXHIBIT "B" " C-= ; c - [ - q,ii III 11111111 N 0 I I' II iii; lint ill ;1811 IIi d--- - P II c::::::> NORTHBOUND U. s. c::::::> HIGHWAY --- ~ .- > VI "'0 > .- ~ I If > . (f) ICJ CJ J > < ITI Z C ITI - ' i ~ h~ Ii lD~m i ga Ii ~ * ~ fin: :1- lit a I : iUl/l el ~ I . I.g> 'll'll It 1I . II ..... ~ . ~ ~In~ III ~~~nl , ~S~~ - - ~-- - ADDIllON AND AL lERAllONS TO: l'IIIUJ~ (I. 2310 NORlH FEDERAL HIGHWAY BOYlON BEACH, ':LORIOA 3343e Landscape Plan '. '-:XH I BIT .. 1 " ( ,; EXHIBITJ!C" MAROUF SHELL VARIANCES 5/26/04 Chapter" 2, Sec. II Supplemental Reaulations L. 3. d. (1), (3), (4), Driveways .." (1) NO driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-of-way lines of public streets. (3) Driveways shall be located less than thirty (30) feet from any interior property line. (4) Driveways will be limited to one per street frontage. ( 1) Request a variance from this section of the code as the site has only 140 LF of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas. Therefore it would be impossible for any driveways to be 110' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is only being upgraded for looks, the driveways must stay in their current locations because the traffic patterns \have already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing " driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must remain in their current locations. L. 3. e. (3), Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L.3.e.(a). No Canopy shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L.3.e. (b). No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The r~quired front gasoline pump island setback is 30 feet so we are requesting a variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. 'J, .. . .~ MAROUF SHEll V ARIANC Page 2 ~, EXHIBIT "elf [,3. f. (1) BUFFERS ..- A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The Landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. ['4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~.~~~ cr.c-,-~~~",~jJwc;~/2- BOy~gBfH~~(&dlf,ances ~ / ,. 0 W' Part III Land Development Regulations ~ /-- tI'/ /Y I p/ SIGNS , . Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines \~ '.'\ '. I EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: ZNCV 03-013 Building Setback Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. If approved, the minimum height of new trees shall be 14 feet at the time of X installation in order to provide the necessary buffering along the north, south, Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT and east sides of the project. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 2. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 3. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-013 Building Setback\COA Building setback ZNCV 03-013.doc