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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
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 3, 2004 (Noon,) July 19,2004 D October 4, 2004 (Noon) September 20, 2004
D August 17,2004 (Noon)August2,2004 IZI October 19, 2004 (Noon) October 4, 2004
D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004
D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1, 2004
D Administrative D Development Plans
NATURE OF IZI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the October 19,2004 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board on October 12, 2004, recommended that the subject request
be approved on a vote of 5 to 1. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-225.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Shell (ZNCV 03-010 to 03-012)
Beril Kruger, Planning & Zoning Consultants
Suau Enterprises, Incorporated
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.(I) 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 of32
feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas
station business;
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 thirty (30) feet from any interior property line to
allow a 10-foot variance, resulting in a distance of20 feet for an existing gas station
business;
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 one (1) per street frontage to allow two (2) driveways along
the street frontage for an existing gas station business.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop e ep City Manager's Signature
~ t ~_ City Attorn,y / F""""" / Human R,soute'"
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-010 to 03-012 Driveway\Agenda Item
RequestGateway Shell ZNCV 03-010 to 03-012 10-19-04.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-225
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
THRU:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP <;: .J
Planner 0
October 6, 2004
DATE:
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Driveway variances ZNCV 03-010,03-011 and 03-012
REQUEST:
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 a 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 gasoline dispensing establishment;
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;
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 (1) per street frontage to allow two (2)
driveways along the street frontage for an existing gasoline dispensing
establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises, Incorporated
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 North Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a
Staff Report Driveway variances ZNCV 03-0. _.03-011 and 03-012
Memorandum No PZ-04-225
Page 2
maximum of 600 square feet by Condition of Approval for appeal - ADAP
02-001).
Acreage:
0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
Multi-family residential property, zoned Community Commercial (C-3);
South:
Right-of-way for Las Palmas Avenue, and farther south are single-family attached
townhouses under construction (The Harbors), zoned Infill Planned Unit Development
(IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) and farther east is a
single-family residential dwelling (part of Las Palmas development), zoned Single-
family residential, (R-l-AA); and
West:
Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west
developed commercial property classified Local Retail Commercial (LRC) and zoned
Neighborhood Commercial (C-2) ,
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007,
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use / major site plan modification approval involving a series of variance requests in
order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The
applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the
exterior facades of the existing building and canopy. However, the number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed building expansion is being considered for conditional use approval because gasoline
dispensing establishments are only allowed as conditional uses In the C-3 zoning district. Also, it should be
noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional,
operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by
Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas
stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or
wider"; Las Palmas is only two (2) lanes wide.
In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, In part, to satisfy outstanding code enforcement violations. He also
proposed direct access between the subject lot and the lot directly to the east (which was previously
earmarked for a mechanical car wash). The direct access was proposed in order to minimize vehicular traffic
spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed
681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the
Staff Report Driveway variances ZNCV 03-0'1\J, 03-011 and 03..Q12
Memorandum No PZ-04-225
Page 3
east) would only require site plan review. However, after careful consideration, staff determined that the
building addition would not be permitted (by-right) because It would represent an unlawful expansion of a
legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's
Inquiries, on July 16, 2002, the Director of Planning & Zoning Issued an administrative determination letter
that basically prohibited the applicant from increasing the size of the gas-station building because by doing
so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations.
Regarding the direct access between lots, the Director determined that the proposed driveway connection
between the subject lot and the lot directly to the east would be permitted subsequent to site plan review.
However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-
access agreement between the subject lot and the lot directly to the east.
On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative
determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered I expanded independent of the gasoline sales element of the
business". Again, staff disagreed with the applicant's position. However, the City Commission approved the
applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17, 2003, Mr. Kruger submitted a request for conditional use I major site plan modification approval
and its accompanying variances for the construction of the building addition. Both staff and the CRA
reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of
approval, one of which, limited the buidling addition to 600 square feet. On October 21, 2003, the City
Commission approved their request for conditional use I major site plan modification and the accompanying
variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most
recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and
accompanying variances (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the
addition, parking lot, and fa~ade improvements would occur in one (1) phase. It should be noted that the
difference between this submittal and the original submittal as described above, is that the proposed car
wash on the abutting lot (to the east) has been abandoned. As such, the drive aisle that was to connect to
the lot to the east has also been eliminated from the design.
As part of the major site plan modification process, the site has to meet all the requirements of the Land
Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which requires that parking lot driveways be constructed at least
one hundred twenty (120) feet from streets of higher classifications.
The existing gas station business includes two (2), existing driveway entrances measuring 30 feet wide
providing ingress and egress along North Federal Highway and one (1) existing driveway entrance measuring
30 feet wide along Las Palmas Avenue. The southernmost entrance driveway on North Federal Highway is
located approximately 23 feet from Las Palmas Avenue, while the second driveway is located 103 feet from
Las Palmas and 20 feet from the interior property line (north property line). The existing driveway Is located
on a major arterial (Federal Highway), therefore, the 120 foot separation from the intersection and interior
property line Is required.
As indicated on the site plan associated with the proposed addition, the applicant is proposing to construct
a 681 square foot addition located at the rear (east side) of the existing gas station building along the east
property line. The subject parcells approximately 0.48 acres in size with approximately 153 feet of frontage
along North Federal Highway, and 136 feet of frontage along Las Palmas Avenue (see exhibit "B" - Survey).
The special lot conditions that exist are the short frontage distance along the North Federal Highway right-of-
way and, that the driveways are existing and necessary for fueling tanker circulation. Therefore, it Is not
Staff Report Driveway variances ZNCV 03-01", 03-011 and 03-012
Memorandum No PZ-04-225
Page 4
feasbile to limit the site to one driveway access point on North Federal Highway at the minimum driveway
separation of 120 feet and simultaneously meet minimum site circulation needs of the existing business. If
such redesign could meet this standard and operational needs, it Is likely that other deficiencies, and the need
for other variances would be generated.
ANALYSIS
The code states that the zoning code variance 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 granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff has conducted this review with the assumption that, based on the city's prior approval of the
administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is
aware of the potential of certain hardships and non-conformities associated with the site.
Staff also reviewed the requested variances focusing on the applicant's response to the above criteria
contained in Exhibit "elf - Marouf Shell Variances, as well as existing site restrictions, and proposed design
requirements. Staff has determined that site constraints at this location are a partial justification for granting
this variance. In order to satisfy the Land Development Regulations, the driveways along North Federal
Highway would have to be placed 120 feet from the intersection of Las Palmas Avenue. This scenario would
not leave the additional linear footage necessary to provide the 30-foot minimum driveway width and the 30-
foot minimum distance from the interior property line, as required by code. Further complying with code
would result in the elimination of both existing driveways on North Federal Highway. This would create
inefficient Internal and external vehicular traffic circulation and undue hardship, which could force the closing
of the business. Also, the driveways on Federal Highway minimize the traffic Impact of this existing business
onto Las Palmas Avenue. If there was only one project entrance (the Las Palmas Avenue entrance), traffic
exiting from the site including refueling trucks would have insufficient stacking length at the adjacent traffic
signal/Intersection. This situation would not comply with on-site circulation standards and would congest the
secondary roadway and adjacent residential neighborhood. Leaving the existing driveways on North Federal
Highway lessens this potential traffic problem.
It should be noted that granting a variance for the southernmost driveway distance would also cover the
distance variance requested for the northern driveway.
Staff Report Driveway variances ZNCV 03-O1'\" u3-011 and 03-012
Memorandum No PZ-04-225
Page 5
In keeping with the City's Land Development Regulations, the applicant's response to the above criteria is
included within Exhibit "C" Statement of Special Conditions justifying the requested variance, In summary,
granting this variance may be supported for the following reasons:
a. A special condition exists which is peculiar to the subject property;
b. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties similarly zoned;
c. The variance requested represents the minimum variance needed to utilize the property for access
(the existing driveways are located along the western extent of the property); and
d. That the granting of the variance would be in harmony with the general intent of the regulation to
promote safe and adequate traffic circulation.
RECOMMENDATION
Based on the analysis contained herein, Staff recommends that the requested variances be approved. No
conditions of approval are recommended; however, any conditions of approval added by the Community
Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of
Approval.
MWR/elj
S:lPIannlngISHARED\WP\PROJECTS\Gateway Shell fka TexacoINew ShellIVariances (revised 2004)\03-010 to 03-012 Driveway\Staff Report ZNCV 03-010 to 03-012 Dtiveway Variances,doc
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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 1 23 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 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.
.' ~,
-
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 ~,C'-~~ /JL/,~ ;.Jtd c;fJV6/2-
Boy~g Bfg~~'(&d1hances ~ / ,- 0 0
Part III Land Development Regulations ~ /--- 9'/ /1 (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
"""
"oJ\,
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:
I DEPARTMENTS I INCLUDE I REJECT I
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 I INCLUDE I REJECT I
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gateway ShelI fka Texaco\New ShelI\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
CITY OF BOYNTON BEACH
, AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet .m.Y.H accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back up) to the
City Clerk's office, Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached IZI
All exhibits are attached & marked e, . Exhibit "A' IZI
Department Head's initials:
Gateway Shell (ZNCV 03-01
Please do not write in the shaded area below.
Legal [)epartmetltsignatute D
ITEM RETURNED FOR TIiEFbLLOWING REASON(S): ~
Signature(s) missing D
Incomplete submittill D
Missed deadline 0
Other 0
Reason:
Person cOhtacted to pick up rejected request
by
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
on
(Date)
AFFIDA VIT
RE: Marouf's Gateway Shell
L the undersigned do certify that to the best of my knowledge the attached ownership list, 400'
radius map and mailing labels are a complete and accurate representation of the real estate
property and property owners within at least 400 feet of the above-referenced subject property.
This reflects the most current records on file in the Palm Beach County Property Appraiser's
Office.
The notification was postmarked Friday, October I, 2004, Twelve days in advance of the public
hearing.
Site signs were posted on the premises 10 days in advance of the public hearing in accordance with
City Ordinance 04-007. Attached are photographs of the signs showing their placement on the
property.
COUNTY OF PALM BEACH
STATE OF FLORIDA
was acknowledged before me this J1~
who is [ ] personally known to me or [ ]
(type of identification ) as identification.
day of
who has
NOTARY'S SEAL
OR
STAMP
\)i),imqLc ~
..,~~II~U",,, TtA OOBARD
4~1lJ"'" ~~ MY COMMISS. ION II DO 075581
~. ]~j EXPIRES: November 29, 2005
,tir,X;!,l fIo!1dea Thill NOliI\' Public Unde1W1ilers
OCT I '2004
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 04-241
TO:
FROM:
Janet Prainito
City Clerk
Michael W. Rumpf ~~tuL.
Director of Planning and ZOning
DATE:
September 30,2004
SUBJECT: Gateway Texaco at 2360 North Federal Highway
ZNCV 03-010 through ZNCV 03-012, ZNCV 03-014 through 03-017, and
ZNCV 03-023
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced cases.
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variances are scheduled for the October 12, 2004
Community Redevelopment Agency Board meeting, and the October 19, 2004 City
Commission meeting. Please advertise in the newspaper and send notice to property
owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL f\~TICES AND/OR LEGAL ADVERTI'..cMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two (2) working days prior to the first publishing date requested below.
ORIGINATOR: Planninq and Zoninq Division
PREPARED BY: Michael Rumpf DATE PREPARED: September 30, 2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zoninq Code Variances for SUAU
Enterprises, Incorporated. Relief from Land Development Requlations: Driveways
distance from intersection, number of driveways per street frontaqe, buildinq rear
setback, canopy setback. qasoline pump island setback, landscape buffer width alonq
street frontaqe, landscape buffer width at interior property line, and siqn setback in a C-
3 zoninq district. Community Redevelopment Aqency Board meetinq to be held on
October 12. 2004 at 6:30 p.m. and by the City Commission on October 19.2004 at 7:00
p.m., both in the Commission Chambers, City Hall at 100 East Boynton Beach
Boulevard, Boynton Beach. Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: Applicant and Director of Planninq and Zoninq.
NEWSPAPER(S) TO PUBLISH: The Post
PUBLISHED: October 3, 2004
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: October 1,2004
APPROVED BY:
(1)~
(Originator)
~~:5o-of
(Date)
(2)
(City Attorney)
RECEIVED BY CITY CLERK:
COMPLETED:
(Date)
S:\Planning\SHARED\WPlPROJECTS\Gateway Shell fka Texaco\New ShellIVariances (revised 2004)\Legal notice.doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION of the
CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and
pursuant to the provisions of the zoning code of said City:
Owner:
SUAU Enterprises, Incorporated
Requests:
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 a
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;
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 gas station business;
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 (1) per street frontage to allow two (2) driveways
along the street frontage for an existing gas station
business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.e. (3) requiring a twenty (20) foot rear
setback to allow a 10-foot variance, resulting in a rear
setback of 10 feet for an addition to an existing gas station
business;
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 1 0.5-foot variance, resulting in a distance of 9.5 feet
for an existing canopy for a gas station business;
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~sulting in a distance of
19.8 feet for an existing gasolinY pump island for a gas
station business;
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) landscape buffer
along the street frontage for an existing gas station building;
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 one (1) foot - six (6) inch
buffer for an existing gas station business;
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 gas station
business;
Location:
Gateway Shell at 2360 North Federal Highway, Boynton
Beach, Florida
Legal:
That certain piece, parcel, or tract of land lying, being, and
situate in Palm Beach County, State of Florida and being
more particularly described as follows:
A portion of Lot 4, of Sam Brown Jr's Hypoluxo subdivision,
as recorded in Plat book 1 J Page 81, of the Public Records
of Palm Beach County, Florida, being more particularly
described as follows;
Commencing at the northwest corner of said lot 4; thence
run S. 89 59' 27" E., along the north line of said Lot 4, for a
distance of 94.78 feet to the point of beginning of the
following described parcel of land; thence continue S. 89 59'
27" E., along the north line of said Lot 4 for a distance of
137.00 feet to a point; thence run S. 720' 55" W., parallel to
the said easterly right of way line of U.S. Highway No.1, for
a distance of 153.61 feet to a point on the north right of way
line of Vista Hermosa Avenue (Now called Las Palmas
Avenue as shown on the Plat of Las Palmas Park, recorded
in Plat book 25, at Page 242, of t' 'Public Records of Palm
Beach County, Florida; thence run'"'tVest along the said north
right of way line of Vista Hermosa Avenue for a distance of
123.5 feet to a point of curvature of a circular curve to the
right; thence run northwesterly and northeasterly along the
arc of said circular curve to the right, whose elements are a
radius of 12 feet, and a central angle of 97 20' 55" for an arc
distance of 20.39 feet to a point of tangency with the
easterly right of way line of said easterly right of way line of
U.S. Highway No.1, for a distance of 140.00 feet more or
less to the point of beginning.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE
THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, OCTOBER
12,2004 AT 6:30 P.M. AND THE CITY COMMISSION ON TUESDAY, OCTOBER 19,
2004 AT 7:00 P.M., BOTH AT THE CITY HALL COMMISSION CHAMBERS, 100
EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH.
All interested parties are notified to appear at said hearings in person or by attorney
and be heard or file any written comments prior to the hearing date. Any person who
decides to appeal any decision of the Community Redevelopment Agency Board with
respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford
an individual with a disability an equal opportunity to participate in and enjoy the
benefits of a service, program, or activity conducted by the City. Please contact Patricia
Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in
order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
October 3,2004
S:IPlannlng\SHARED\WPIPROJECTS\Gateway Shell fka Texaco\New ShellIVariances (revised 2004 )\Legal notice.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 3, 2004 (Noon.) July 19,2004 D October 4, 2004 (Noon) September 20, 2004
D August 17, 2004 (Noon) August 2, 2004 [gJ October 19, 2004 (Noon) October 4, 2004
D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004
D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board on October 12, 2004, recommended that the subject request
be approved on a vote of 5 to 1. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-227.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Shell (ZNCV 03-014 and 03-015)
Beril Kruger, Planning & Zoning Consultants
Suau Enterprises, Incorporated
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 twenty (20) feet from any property line to allow a 10.5-
foot variance, resulting in a distance of nine (9) feet - six (6) inches 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 thirty (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.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
P anning and Zo' rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\Agenda Item
RequestGateway Shell ZNCV 03-014 and 03-015 10-19-04.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-227
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
THRU:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP <;:- ~
Planner '[/
DATE:
October 6, 2004
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Canopy and Gasoline pump islands setback variances ZNCV 03-014 and
03-015
REQUEST:
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;
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 10.2-foot variance, resulting in a distance of 19.8
feet for an existing gasoline pump island for a gasoline dispensing
establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises, Incorporated
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 N. Federal Highway Boynton Beach, FL
Existing land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed land Use/Zoning: No change proposed
Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal - ADAP
02-001).
Acreage: 0.48 Acre (20,830 square feet)
Adjacent Uses:
(see exhibit "A" - Location Map)
Staff Report
Memorandum No PZ-04-227
Page 2
North:
A multi-family residential property, zoned Community Commercial (C-3);
South:
Right-of-way for Las palmas Avenue, and farther south are single-family attached
townhouses under construction (The Harbors), zoned Infill Planned Unit
Development (IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) currently under review
for a proposed car wash, and farther east is a single-family residential dwelling (part
of I:.as Palmas development), zoned Single-family residential, (R-1-AA); and
West:
Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west
developed commercial property classified Local Retail Commercial (LRC) and
zoned Neighborhood Commercial (C-2).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use / major site plan modification approval involving a series of variance requests in
order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The
applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the
exterior facades of the existing building and canopy. However, the number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed building expansion is being considered for conditional use approval because gasoline
dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, It should be
noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional,
operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by
Chapter 2, Section 1l.1.3.a.(2) of the Land Development Regulations. The aforementioned code requires
gas stations to be located only on parcels of land located at intersections "consisting of roads of four (4)
lanes or wider"; Las Palmas Is only two (2) lanes wide.
In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, In part, to satisfy outstanding code enforcement violations. He also
proposed direct access between the subject lot and the lot directly to the east (which was previously
earmarked for a mechanical car wash). The direct access was proposed In order to minimize vehicular
traffic spilling onto Las Palmas Avenue. Mr. Kruger's Inquiries were based on the presumption that the
proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot
(to the east) would only requIre site plan review. However, after careful consideration, staff determined
that the building addition would not be permitted (by-right) because It would represent an unlawful
expansion of a legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response
to Mr. Kruger's Inquiries, on July 16, 2002, the Director of Planning & Zoning Issued an administrative
determination letter that basically prohibited the applicant from Increasing the size of the gas-station
building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land
Staff Report
Memorandum No PZ-04-227
Page 3
Development Regulations. Regarding the direct access between lots, the Director determined that the
proposed driveway connection between the subject lot and the lot dIrectly to the east would be permItted
subsequent to site plan review. However, the direct access would only be allowed contingent upon the
recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the
east.
On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative
determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered / expanded independent of the gasoline sales element of
the business". Again, staff disagreed with the applicant's position. However, the City Commission approved
the applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification
approval and its accompanying variances for the construction of the building addition. Both staff and the
CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of
approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City
Commission approved their request for conditional use / major site plan modification and the accompanying
variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most
recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and
the accompanying variances. If approved, the construction of the addition, parking lot, and fa~ade
improvements would occur in one (1) phase. It should be noted that the difference between this submittal
and the original submittal as described above, is that the proposed car wash on the abutting property (to
the east) has been abandoned. . As such, the drive aisle that was to connect to the lot to the east has also
been eliminated from the design.
As part of the major site plan modification process, the site has to meet all the requirements of the Land
Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which directly relate to setbacks of existing structures. The first
component of the variance request relates to the existing canopy. The code requires canopies (of gasoline
dispensing establishments) to be located no less than twenty (20) feet from any property line. The canopy
is only 9.5 feet from the property line so therefore, a 10.5-foot variance would be required. The second
component of the variance request deals with the existing gasoline pump islands. The code requires
gasoline pump islands be located no less than thirty (30) feet from any property line. The gasoline pump
island is only 19.8 feet from the property line so therefore, a 1O.2-foot variance would be required as a
result of the major site plan modification request.
ANALYSIS
The code states that the zoning code variance 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
Staff Report
Memorandum No PZ-04-227
Page 4
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
lanet building, or structure.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance} and that such variance will not be injurious to the area involved or othelWise
detrimental to the public welfare.
Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit
"C" - Marouf Shell Variances, which requires the request be initiated because of speCial conditions and
circumstances that are peculiar to the subject land, structure, or building, which are not the result of the
actions of the applicant, and that the request is the minimum variance that will make pOSSible the
reasonable use of the land, building, or structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business. The applicant desires to maintain the existing canopy and gasoline pump islands at their
current location, which do not conform to current setback requirements. The subject property has been
improved with a gas station business, and occupied since 1965. In order to meet minimum setbacks, the
canopy and gasoline pump islands would have to be relocated, which may be cost prohibitive or signIficantly
impact the business operation due to site constraints. Understanding that the structures exist and the
subject requests represent the minimum variances that will make reasonable use of an existing gasoline
dispensing establishment, and will not be injurious to the area, criteria items "e" and "f" appear to be
supported by the variance request.
The overall objective of the Land Development Regulations is to insure the welfare and safety of the public
by providing regulations and standards in which to achieve consistent equitable developments. Staff
understands that the proposed requests represent a modest distance to sustain existence of components
necessary and Integral to the functions of the applicant's business. Although the pump island setback is in
part related to life safety, with physical barriers between the pumps and adjacent right-of-way, and modem
shut-off equipment, staff cannot measure the decrease, If any, in safety as a result of the pumps being
approXimately 10 feet closer to the right-of-way than allowed by code.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, Staff recommends that the requested variances be approved.
No conditions of approval are recommended; however, any conditions of approval added by the Community
Redevelopment Agency Board or the City Commission will be placed In the Exhibit "0" - Conditions of
Approval.
MWR/MD
S:\P1annlng\SHARED\WP\PROJECTS\Gateway Shell tka Texaco\New ShellWarlances (revised 2004)\03-014 to 03-015 Canopy & Gasollne\Staff
Report ZNCV 03-014 and 03-015 Canopy and gasoline pump Setback.doc
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2380 NORlH FEDERAl. HIGHWAY
BOYlON BEACH. FLORIDA 3343S
Landscape Plan
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EXHIBIT "e"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. II Supplemental Regulations
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 (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.
-'I
.
..
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" 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 wall.
Landscaping shall be continuously maintained.
~_~~~ cr.C'-~"~~'~ ;JtVc/~/2-
Boy~1ft BfllfftrRif &dYhances ~ / ,- 0 0'
Part III Land Development Regulations ~ /-- 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 (tka 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
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\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
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P Be. D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached ~
All exhibits are attached & marked e. . Exhibit "A' ~
Deparbnent Head's initia7~~
Gateway Shell (ZNCV 03-014 nd 03-015)
Please do not write in the shaded area below.
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
AFFIDA VIT
RE: Marouf's Gateway Shell
L the undersigned do certify that to the best of my knowledge the attached ownership list, 400'
radius map and mailing labels are a complete and accurate representation of the real estate
property and property owners within at least 400 feet of the above-referenced subject property.
This reflects the most current records on file in the Palm Beach County Property Appraiser's
Office.
The notification was postmarked Friday, October 1, 2004, Twelve days in advance of the public
hearing.
Site signs were posted on the premises 10 days in advance of the public hearing in accordance with
City Ordinance 04-007. Attached are photographs of the signs showing their placement on the
property.
COUNTY OF PALM BEACH
STATE OF FLORIDA
was acknowledged before me this /-i..{l,
who is [ ] personally known to me or [ ]
(type of identification) as identification.
day of
who has
NOTARY'S SEAL
OR
STAMP
~ 0JLc fiJ
- PUBLIC
..\\"V'~~'" TlA DOBARD
~~~.. ~\ MY COMMISSION. DO 075581
= EXPIRES: November 29, 2005
" !Icndta Thfil NCllIiy Public UndelW1ilers
OCT I 2004
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 04-241
TO:
FROM:
Janet Prainito
City Clerk
Michael W. Rumpf ~~~
Director of Planning and ZOning
DATE:
September 30,2004
SUBJECT: Gateway Texaco at 2360 North Federal Highway
ZNCV 03-010 through ZNCV 03-012, ZNCV 03-014 through 03-017, and
ZNCV 03-023
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced cases.
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variances are scheduled for the October 12, 2004
Community Redevelopment Agency Board meeting, and the October 19, 2004 City
Commission meeting. Please advertise in the newspaper and send notice to property
owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL ~JTICES AND/OR LEGAL ADVERTI'."cMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two (2) working days prior to the first publishing date requested below.
ORIGINATOR: Plannina and Zonina Division
PREPARED BY: Michael Rumpf DATE PREPARED: September 30. 2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zonina Code Variances for SUAU
Enterprises. Incorporated. Relief from Land Development Reaulations: Drivewavs
distance from intersection. number of driveways per street frontaae. buildina rear
setback. canopy setback. aasoline pump island setback. landscape buffer width alona
street frontaae. landscape buffer width at interior property line. and sian setback in a C-
3 zonina district. Community Redevelopment Aaencv Board meetina to be held on
October 12. 2004 at 6:30 p.m. and bv the City Commission on October 19. 2004 at 7:00
p.m.. both in the Commission Chambers. City Hall at 100 East Bovnton Beach
Boulevard. Bovnton Beach. Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: Applicant and Director of Plannina and Zonina.
NEWSPAPER(S) TO PUBLISH: The Post
PUBLISHED: October 3. 2004
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: October 1, 2004
APPROVED BY:
(1)~
(Originator)
t/f...~- of-
(Date)
(2)
(City Attorney)
RECEIVED BY CITY CLERK:
COMPLETED:
(Date)
S:\Planning\SHARED\WPlPROJECTS\Gateway Shell fka Texaco\New ShellIVarlances {revised 2004)\Legal nolice.doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION of the
CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and
pursuant to the provisions of the zoning code of said City:
Owner:
SUAU Enterprises, Incorporated
Requests:
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 a
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;
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 gas station business;
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 (1) per street frontage to allow two (2) driveways
along the street frontage for an existing gas station
business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.e. (3) requiring a twenty (20) foot rear
setback to allow a 10-foot variance, resulting in a rear
setback of 10 feet for an addition to an existing gas station
business;
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 1 0.5-foot variance, resulting in a distance of 9.5 feet
for an existing canopy for a gas station business;
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 10.2-foot variance "suiting in a distance of
19.8 feet for an existing gasolin'Er" pump island for a gas
station business;
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) landscape buffer
along the street frontage for an existing gas station building;
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 one (1) foot - six (6) inch
buffer for an existing gas station business;
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 gas station
business;
Location:
Gateway Shell at 2360 North Federal Highway, Boynton
Beach, Florida
Legal:
That certain piece, parcel, or tract of land lying, being, and
situate in Palm Beach County, State of Florida and being
more particularly described as follows:
A portion of Lot 4, of Sam Brown Jr's Hypoluxo subdivision,
as recorded in Plat book 1, Page 81, of the Public Records
of Palm Beach County, Florida, being more particularly
described as follows;
Commencing at the northwest corner of said lot 4; thence
run S. 89 59' 27" E., along the north line of said Lot 4, for a
distance of 94.78 feet to the point of beginning of the
following described parcel of land; thence continue S. 89 59'
27" E., along the north line of said Lot 4 for a distance of
137.00 feet to a point; thence run S. 720' 55" W., parallel to
the said easterly right of way line of U.S. Highway No.1, for
a distance of 153.61 feet to a point on the north right of way
line of Vista Hermosa Avenue (Now called Las Palmas
Avenue as shown on the Plat of Las Palmas Park, recorded
in Plat book 25, at Page 242, of t' Public Records of Palm
Beach County, Florida; thence run~est along the said north
right of way line of Vista Hermosa Avenue for a distance of
123.5 feet to a point of curvature of a circular curve to the
right; thence run northwesterly and northeasterly along the
arc of said circular curve to the right, whose elements are a
radius of 12 feet, and a central angle of 97 20' 55" for an arc
distance of 20.39 feet to a point of tangency with the
easterly right of way line of said easterly right of way line of
U.S. Highway No.1, for a distance of 140.00 feet more or
less to the point of beginning.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE
THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, OCTOBER
12,2004 AT 6:30 P.M. AND THE CITY COMMISSION ON TUESDAY, OCTOBER 19,
2004 AT 7:00 P.M., BOTH AT THE CITY HALL COMMISSION CHAMBERS, 100
EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH.
All interested parties are notified to appear at said hearings in person or by attorney
and be heard or file any written comments prior to the hearing date. Any person who
decides to appeal any decision of the Community Redevelopment Agency Board with
respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford
an individual with a disability an equal opportunity to participate in and enjoy the
benefits of a service, program, or activity conducted by the City. Please contact Patricia
Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in
order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
October 3,2004
S:\PlanningISHAREDlWPlPROJECTS\Gateway Shell fka TexacoINew ShellIVarlances (revised 2004)\Legal notice.doc
L..I t/- ['(1 ,q '? / 0 - pO ;1-) IV?
rwjrprlv/7~7
SJJ\l3wn:>oa
VON39V
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
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 3, 2004 (Noon.) July 19, 2004 D October 4, 2004 (Noon) September 20, 2004
0 August 17, 2004 (Noon) August 2, 2004 ~ October 19,2004 (Noon) October 4, 2004
0 September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18,2004
0 September 21,2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1, 2004
D Administrative D Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unftnished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the October 19, 2004 City Conunission Agenda under
Consent Agenda. The Community Redevelopment Agency Board on October 12, 2004, on a vote of 3 to 3, recommended
denial of the subject request. For further details, see attached PZ 04-228.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Shell (ZNCV 03-016 and 03-017)
Beril Kruger, Planning & Zoning Consultants
Suau Enterprises, Incorporated
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.F.(1) requiring a ten (10)
foot wide landscape buffer along the street frontage to include one tree ten (10) to ftfteen
(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)
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 ten (10)
foot wide landscape buffer on all interior property lines to allow a variance of eight (8)
feet - six (6) inches, resulting in a one (1) foot-six (6) inch landscape buffer for an
existing gas station business.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
Planning and Zo Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fica Texaco\New SheIlWariances (revised 2004)\03-016 to 03-017 Landscape\Agenda Item
RequestGateway Shell ZNCV 03-016 and 03-017 IO-19-04,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-228
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
THRU:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP q,j-.
Planner (J
October 6,2004
DATE:
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Landscape buffers ZNCV 03-016 and 03-017
REQUEST:
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) landscape
buffer along the street frontage for an existing gasoline dispensing
establishment;
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 eight (8) feet - six (6) inches, resulting in a one (1)
foot - six (6) inch buffer for an existing gas dispensing establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises, Incorporated
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 North Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal - ADAP
02-001).
Staff Report
Memorandum No PZ-D4-228
Page 2
Acreage:
0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
A multi-family residential property, zoned Community Commercial (C-3);
South:
Right-of-way for Las Palmas Avenue, and farther south are single-family attached
townhouses under construction (The Harbors), zoned Infill Planned Unit
Development (IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) currently under review
for a proposed car wash, and farther east is a single-family residential dwelling (part
of Las Palmas development), zoned Single-family residential, (R-l-AA); and
West:
Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west
developed commercial property classified Local Retail Commercial (LRC) and zoned
Neighborhood Commercial (C-2).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use / major site plan modification approval involving a series of variance requests in
order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The
applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the
exterior facades of the existing building and canopy. However, the number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed building expansion is being considered for conditional use approval because gasoline
dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be
noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional,
operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by
Chapter 2, Section 1l.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires
gas stations to be located only on parcels of land located at Intersections "consisting of roads of four (4)
lanes or wider"; Las Palmas is only two (2) lanes wide.
In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, In part, to satisfy outstanding code enforcement violations. He also
proposed direct access between the subject lot and the lot directly to the east (which was previously
earmarked for a mechanical car wash). The direct access was proposed In order to minimize vehicular
traffic spilling onto Las Palmas Avenue. Mr. Kruger's Inquiries were based on the presumption that the
proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot
(to the east) would only require site plan review. However, after careful consideration, staff determined
that the building addition would not be permitted (by-right) because It would represent an unlawful
expansion of a legal non-conforming use (a gaSOline-dispensing establishment). Furthermore, In response
Staff Report
Memorandum No PZ-04-228
Page 3
to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative
determination letter that basically prohibited the applicant from increasing the size of the gas-station
building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land
Development Regulations. Regarding the direct access between lots, the Director determined that the
proposed driveway connection between the subject lot and the lot directly to the east would be permitted
subsequent to site plan review. However, the direct access would only be allowed contingent upon the
recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the
east.
On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative
determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered / expanded independent of the gasoline sales element of
the business". Again, staff disagreed with the applicant's position. However, the City Commission approved
the applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification
approval and its accompanying variances for the construction of the building addition. Both staff and the
CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of
approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City
Commission approved their request for conditional use / major site plan modification and the accompanying
variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most
recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and
the accompanying variances. If approved, the construction of the addition, parking lot, and fa~ade
improvements would occur in one (1) phase. It should be noted that the difference between this submittal
and the original submittal as described above, is that the proposed car wash on the abutting lot (to the
east) has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also been
eliminated from the design.
As part of the major site plan modification process, the site has to meet all the requirements of the Land
Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which directly relate to the landscaping and buffering
requirements of gasoline dispensing establishments. The first component of the variance request relates to
the required landscape buffers adjacent to rights-of-way. The code requires 10-foot wide landscape buffer
adjacent to the roadways for gasoline dispensing establishments. However, the existing site has no
landscape buffer along North Federal Highway so therefore, a 10-foot variance would be required. If the
10-foot variance were approved, this would also cover the deficiency in the width of the existing landscape
buffer along Las Palmas Avenue. The second component of this variance request deals with required
landscape buffers along interior property lines. The code requires a 10-foot wide landscape buffer along the
interior property lines. However, the site only provides for a one (1) foot - six (6) Inch wide buffer along
the north Interior property line. Therefore, an eight (8) foot - six (6) inch variance would be required.
ANALYSIS
The code states that the zoning code variance 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
Staff Report
Memorandum No PZ-04-228
Page 4
c. 717at 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. 717at 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. 717at the variance granted is the minimum variance that will make possible the reasonable use ofthe
land, building, or structure.
f. 717at the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance) and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff has conducted this analysis with the assumption that, based on the city's prior approval of the
administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is
aware of the potential of certain hardships and non-conformities associated with the site.
Staff has focused this review based on the applicant's response to the above criteria contained in Exhibit "C"
- Marouf Shell Variances, which requires the request be Initiated because of special conditions and
circumstances that are peculiar to the subject land, structure, or building, which are not the result of the
actions of the applicant, and that the request is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business. The applicant desires relief from the required landscape buffer along the front (North
Federal Highway) and the interior (north) property lines of the subject property, since they do not exist on
the already confined site. The subject property has been improved with a gas station business, and
occupied since 1965. In order to meet the landscape buffer as required by code, the applicant would need
additional linear footage along North Federal Highway or to eliminate the existing first two (2) gasoline
pump islands. This scenario would likely be cost prohibitive or significantly impact business operation.
Understanding that site layout is existing and cannot easily be altered without significant impacts to the
business operation, the requests represent the minimum variances that will make reasonable use of an
existing gasoline dispensing establishment and will not be injurious to the area. Therefore, criteria items "e"
and "f" appear to be supported by the variance request.
The overall objective of the Land Development Regulations is to ensure the welfare and safety of the public
by providing regulations and standards to achieve consistent equitable developments. The intent of the
landscape buffer is to visually screen the vehicular use from the adjacent properties and right-of-way.
Staff Report
Memorandum No PZ-Q4.228
Page 5
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, Staff recommends that the requested variances be approved
subject to the following conditions:
1. Provide a substitute form of screening of the site along North Federal Highway where possible such
as planter pots or boxes; and
2. Staff recommends installing the Ixora "Nora" grant shrubs at 36 inches In height along Las Palmas
Avenue at the time of installation.
However, any additional conditions of approval added by the Community Redevelopment Agency Board or
the City Commission will be placed in the Exhibit "0" - Conditions of Approval.
MWR/ELJ
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-016 to 03-017 Landscape\Staff Report ZNCV
03-016 and 03-017 Landscape buffers.doc
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2380 NOR1H FEDERAl.. HIGHWAY
BOYTON BEACH. FLORIDA 3343S
Landscape Plan
'1IIUJII-lllfl.
ADOlllON ~ ALlERAllONS to:
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EXHIBIT "e"
MAROUF SHELL VARIANCES
5/26/04
Chapter. 2, Sec. II Supplemental ReQulations
['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.
['3.e. (3), Rear Setbacks
Rear Setbacks are required to be 20' and we are proposing only a 10' rear
setback.
['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.
['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.
'"
.
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MAROUF SHELL V ARIANC
Page 2
EXHr BrT "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.
~ - V:~ i1 ~. C' -~., iJL... . t!i2 ;.Jtd d'/JM5/2-
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Part'" land Development Regulations ~ /--- 9"/ /y ( ~/
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
\""
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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
Hi~hway 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
alonl:!; 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 flea Texaco\New Shell\Variances (revised 2004)\03-016 to 03-017 Landscape\COA Landscape
buffers ZNCV 03-016 and 03-017 ,doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one copy of agenda request (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City Deadline for Submittal to City P &. D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
Au ust 3 2004
o Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 4 2004
~ October 19 2004
November 3 2004
November 16, 2004
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head 0
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [8J
All exhibits are attached & marked e. ., Exhibit "A' [8J
Department Head's jnitia:;'\~
Gateway Shell (ZNCV 03-01 a d 03-017)
Please do not write in the shaded area below.
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASbN(S):
Signature(s) mi.ssing .0
Incomplete submittal 0,
MissedldeadliheD
Other D Reason:
. 'QtyManager's signatllre
o
Person contacted to pickup rejected request
by
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
on
(Date)
AFFIDAVIT
RE: Marours Gateway Shell
L the undersigned do certify that to the best of my knowledge the attached ownership list, 400'
radius map and mailing labels are a complete and accurate representation of the real estate
property and property owners within at least 400 feet of the above-referenced subject property.
This reflects the most current records on file in the Palm Beach County Property Appraiser's
Office.
The notification was postmarked Friday, October 1, 2004, Twelve days in advance of the public
hearing.
Site signs were posted on the premises 10 days in advance of the public hearing in accordance with
City Ordinance 04-007. Attached are photographs of the signs showing their placement on the
property.
COUNTY OF PALM BEACH
STATE OF FLORIDA
was acknowledged before me this J1...fA,
who is [ ] personally known to me or [ ]
(type of identification ) as identification.
day of
who has
NOTARY'S SEAL
OR
STAMP
\)t;.,UBQfLc ~
..,\..\'~lf~'"", TlA DOBARO
l W'''~o''~: MY COMMISSION II DO 075581
- EXPIRES: November 29, 2005
ecndtll Thrll Noiiiy Pl4lIlc Undetwriters
DCI I '2004
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 04-241
TO:
FROM:
Janet Prainito
City Clerk
Michael W. Rumpf ~~~
Director of Planning and ZOning
DATE:
September 30,2004
SUBJECT: Gateway Texaco at 2360 North Federal Highway
ZNCV 03-010 through ZNCV 03-012, ZNCV 03-014 through 03-017, and
ZNCV 03-023
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced cases.
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variances are scheduled for the October 12, 2004
Community Redevelopment Agency Board meeting, and the October 19, 2004 City
Commission meeting. Please advertise in the newspaper and send notice to property
owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL ~..JTICES AND/OR LEGAL ADVERTt....cMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two (2) working days prior to the first publishing date requested below.
ORIGINATOR: Planning and Zoning Division
PREPARED BY: Michael Rumpf DATE PREPARED: September 30. 2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variances for SUAU
Enterprises. Incorporated. Relief from Land Development Requlations: Driveways
distance from intersection. number of driveways per street frontage. building rear
setback. canopy setback. gasoline pump island setback. landscape buffer width along
street frontaqe. landscape buffer width at interior property line. and sign setback in a C-
3 zoning district. Community Redevelopment Agency Board meeting to be held on
October 12. 2004 at 6:30 p.m. and by the City Commission on October 19.2004 at 7:00
p.m.. both in the Commission Chambers. City Hall at 100 East Boynton Beach
Boulevard. Boynton Beach. Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: Applicant and Director of Planning and Zoning.
NEWSPAPER(S) TO PUBLISH: The Post
PUBLISHED: October 3. 2004
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: October 1,2004
APPROVED BY:
(1)~
(Originator)
~-~-t>f
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:IPlanningISHAREDlWPlPROJECTSIGateway Shell Ika TexacolNew ShellIVarlances (revised 2004)ILegal nollce.doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION of the
CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and
pursuant to the provisions of the zoning code of said City:
Owner:
SUAU Enterprises, Incorporated
Requests:
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 a
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;
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 gas station business;
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 (1) per street frontage to allow two (2) driveways
along the street frontage for an existing gas station
business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.e. (3) requiring a twenty (20) foot rear
setback to allow a 10-foot variance, resulting in a rear
setback of 10 feet for an addition to an existing gas station
business;
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 gas station business;
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 10.2-foot variance 'suiting in a distance of
19.8 feet for an existing gasolinY pump island for a gas
station business;
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) landscape buffer
along the street frontage for an existing gas station building;
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 one (1) foot - six (6) inch
buffer for an existing gas station business;
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 gas station
business;
Location:
Gateway Shell at 2360 North Federal Highway, Boynton
Beach, Florida
Legal:
That certain piece, parcel, or tract of land lying, being, and
situate in Palm Beach County, State of Florida and being
more particularly described as follows:
A portion of Lot 4, of Sam Brown Jr's Hypoluxo subdivision,
as recorded in Plat book 1, Page 81, of the Public Records
of Palm Beach County, Florida, being more particularly
described as follows;
Commencing at the northwest corner of said lot 4; thence
run S. 89 59' 27" E., along the north line of said Lot 4, for a
distance of 94.78 feet to the point of beginning of the
following described parcel of land; thence continue S. 89 59'
27" E., along the north line of said Lot 4 for a distance of
137.00 feet to a point; thence run S. 720' 55" W., parallel to
the said easterly right of way line of U.S. Highway No.1, for
a distance of 153.61 feet to a point on the north right of way
line of Vista Hermosa Avenue (Now called Las Palmas
Avenue as shown on the Plat of Las Palmas Park, recorded
in Plat book 25, at Page 242, of t" Public Records of Palm
Beach County, Florida; thence run~est along the said north
right of way line of Vista Hermosa Avenue for a distance of
123.5 feet to a point of curvature of a circular curve to the
right; thence run northwesterly and northeasterly along the
arc of said circular curve to the right, whose elements are a
radius of 12 feet, and a central angle of 97 20' 55" for an arc
distance of 20.39 feet to a point of tangency with the
easterly right of way line of said easterly right of way line of
U.S. Highway No.1, for a distance of 140.00 feet more or
less to the point of beginning.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE
THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, OCTOBER
12,2004 AT 6:30 P.M. AND THE CITY COMMISSION ON TUESDAY, OCTOBER 19,
2004 AT 7:00 P.M., BOTH AT THE CITY HALL COMMISSION CHAMBERS, 100
EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH.
All interested parties are notified to appear at said hearings in person or by attorney
and be heard or file any written comments prior to the hearing date. Any person who
decides to appeal any decision of the Community Redevelopment Agency Board with
respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford
an individual with a disability an equal opportunity to participate in and enjoy the
benefits of a service, program, or activity conducted by the City. Please contact Patricia
Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in
order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
October 3,2004
S:\PlannlngISHAREDlWPlPROJECTSIGaleway Shell fka TexacoINew ShellIVarlances (revised 2004 )ILegal notice.doc
~ --?l A ~)/y?
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SJJ\13wn:>oa
VON39V
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
Meeting: Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office
D August 3, 2004 (Noon.) July 19, 2004 D October 4, 2004 (Noon) September 20, 2004
D August 17, 2004 (Noon) August 2, 2004 ~ October 19,2004 (Noon) October 4, 2004
D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004
D September 21, 2004 (Noon)SepUrrilber7,2004 D November 16, 2004 (Noon) November 1,2004
D Administrative D Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unftnished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board on October 12, 2004, recommended that the subject request
be denied on a vote of 4 to 2. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-229.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Shell (ZNCV 03-023)
Beril Kruger, Planning & Zoning Consultants
Suau Enterprises, Incorporated
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 ten
(10) foot setback from the property line to the closest surface of the sign to allow a ftve
(5) foot variance from the property line, resulting in a ftve (5) foot setback for an existing
gas station business.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
Planning and Zo rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-023 Sign Setback\Agenda Item RequestGateway
Shell ZNCV 03-023 10-19-04.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-229
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
THRU:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner f
October 6, 2004
DATE:
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Sign setback ZNCV 03-023
REQUEST:
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.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises, Incorporated
Applicant! Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 North Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)/
Proposed Land Use/Zoning: No change proposed
Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal -ADAP 02-
001).
Acreage: 0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
A multi-family residential property, zoned Community Commercial (C-3);
Right-of-way for Las Palmas Avenue, and farther south are Single-family attached
townhouses under construction (The Harbors), zoned Infill Planned Unit Development
South:
Staff Report
Memorandum No PZ-04-229
Page 2
(IPUD);
East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for
a proposed car wash, and farther east is a single-family residential dwelling (part of
Las Palmas development), zoned Single-family residential, (R-l-AA); and
West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west
developed commercial property classified Local Retail Commercial (LRC) and zoned
Neighborhood Commercial (C-2).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use I major site plan modification approval involving a series of variance requests in
order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The
applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the
exterior facades of the existing building and canopy. However, the number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed building expansion is being considered for conditional use approval because gasoline
dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be
noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional,
operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by
Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas
stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or
wider"; Las Palmas is only two (2) lanes wide.
In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also
proposed direct access between the subject lot and the lot directly to the east (which was previously
earmarked for a mechanical car wash). The direct access was proposed In order to minimize vehicular traffic
spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed
681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the
east) would only require site plan review. However, after careful consideration, staff determined that the
building addition would not be permitted (by-right) because It would represent an unlawful expansion of a
legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's
Inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter
that basically prohibited the applicant from Increasing the size of the gas-station building because by doing
so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations.
Regarding the direct access between lots, the Director determined that the proposed driveway connection
between the subject lot and the lot directly to the east would be permitted subsequent to site plan review.
However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-
Staff Report
Memorandum No PZ-04-229
Page 3
access agreement between the subject lot and the lot directly to the east.
On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative
determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered I expanded independent of the gasoline sales element of the
business". Again, staff disagreed with the applicant's position. However, the City Commission approved the
applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17, 2003, Mr. Kruger submitted a request for conditional use I major site plan modification approval
and its accompanying variances for the construction of the building addition. Both staff and the CRA
reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of
approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City
Commission approved their request for conditional use I major site plan modification and the accompanying
variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most
recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and
the accompanying variances. If approved, the construction of the addition, parking lot, and fac;ade
improvements would occur in one (1) phase. It should be noted that the difference between this submittal
and the original submittal as described above, is that the proposed car wash on the abutting lot (to the east)
has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also been
eliminated from the design.
As part of the major site plan modification process, the site has to meet all the requirements of the Land
Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which requires all outdoor freestanding signs be setback at least
10 feet from the property line. The existing pole sign is located five (5) feet from the property line (adjacent
to the right-of-way) so therefore, a five (5) foot variance would be required.
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
a. 7hat 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. 7hat the special conditions and circumstances do not result from the actions of the applicant
c. 7hat 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. 7hat 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.
Staff Report
Memorandum No PZ-04.229
Page 4
f. That the granting of the variance will be in harmony with the genera/Intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff has conducted this analysis with the assumption that based on the city's prior approval of the
administrative appeal regarding the Increase In Intensity of this non-conforming use, that the city has
acknowledged the potential for revealing certain hardships and non-conformities to the site.
Also, the analysis focused on the applicant's response to the above criteria contained in Exhibit "C" - Marouf
Shell Variances, which requires that the request is to be initiated because of special conditions and
circumstances that are peculiar to the subject land, structure, or building, which are not the result of the
actions of the applicant, and that the request is the minimum variance that will make possible the reasonable
use of the structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business, which represents a major site plan modification. Through this process, every aspect of the
project is reviewed for compliance, and if a requirement cannot be met, relief from the code may be required.
As such, the applicant desires to maintain the freestanding sign at its existing location. The subject property
has been improved with a gas station business and occupied since 1965. Staff reviewed the site and
determined that the request for a sign setback variance of five (5) feet may not represent the minimum
variance necessary to maintain the site sign on the property. Staff acknowledged that the applicant could
meet the sign setback as required by code. The sign can be moved an additional five (5) feet to the east and
two (2) feet to the north while maintaining the same orientation without interfering with the vehicular use
area for the station. This scenario would meet both the code and maintain the same visibility for the
applicant's business. Understanding that the subject request does not represent the minimum variance that
will make reasonable use of the structure, criteria item "e" is not met. It should be noted that if the sign
were moved from its current location, then the entire structure would have to comply with current code. The
code now requires that all outdoor freestanding signs be of the "monument" style as defined by the Land
Development Regulations. This would translate to an eight (8) foot tall monument sign. The overall objective
of the Land Development Regulations is to ensure the welfare and safety of the public by providing
regulations and standards in which to achieve consistent equitable developments. The intent of the sign
setback is to provide reasonable visibility for a sign without interfering with visibility along a right-of-way.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, staff recommends that the requested variance be denied, due to the
lack of hardship, and due to the avoidable circumstance being created by the actions of the applicant.
However, If approved any conditions of approval added by the Community Redevelopment Agency Board or
the City Commission will be placed in the Exhibit "D" - Conditions of Approval.
MD/EU
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-023 Sign 5etback\Staff Report ZNCV 03-
023 Sign setback.doc
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GATEWAY SHELL ...-- , I . .
.- I I Ii I ~ --
. ~Y_M_'lWlWlOI ..~... No . ----
I .t!!. 23lIO NORTH FEDERAL HIGHWAY --- . . . 8 .
BOYNTON BEACH, ~ 3343S, ' :....I:'l'l."MoS=n.=. atlft- .... I
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EXH I BJT "e"
MAROUF SHELL VARIANCES
5/26/04
Chapter' 2, Sec. II Supplemental ReQulations
L.3,d. (1), (3), (4), Drivewavs
c,'
(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~qulred 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,
.
.~
EXHI BIT "e"
MAROUF SHELL V ARIANC
Page 2
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 wall.
Landscaping shall be continuously maintained.
~ - ~~if cr.b'-~~ ~/ 1~;Jtd c;fIP6/2-
Boy~g Bf~~Rlf&dYf,ances ~ / ,- ~ W'
Part III Land Development Regulations ~ /-- 9'/ /y / p/
SIGNS .'
Chapter 2', 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: Sign setback ZNCV 03-023
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shel/\Variances (revised 2004)\03-023 Sign Setback\COA Sign setback ZNCV 03-
023.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
Requested City
Commission Meeting
Dates
D Au ust 3 2004
D Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 4 2004
[8] October 19 2004
D November 3 2004
November 16 2004
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [8]
All exhibits are attached & marked e. . Exhibit "A' [8]
Department Head's initl~~ ~
Gateway Shell (ZNCV 03-023)
Please do not write in the shaded area below.
LegaID~p~Httnent
ITEM RETURNED
(Date)
bg - 7/19/02
S:\P1anning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 20Q4,doc
AFFIDAVIT
RE: MaronI's Gateway Shell
L the undersigned do certify that to the best of my knowledge the attached ownership list, 400'
radius map and mailing labels are a complete and accurate representation of the real estate
property and property owners within at least 400 feet of the above-referenced subject property.
This reflects the most current records on file in the Palm Beach County Property Appraisers
Office.
The notification was postmarked Friday, October 1, 2004, Twelve days in advance of the public
hearing.
Site signs were posted on the premises 10 days in advance of the public hearing in accordance with
City Ordinance 04-007. Attached are photographs of the signs showing their placement on the
property.
COUNTY OF PALM BEACH
STATE OF FLORIDA
was acknowledged before me this c1i~
who is [ ] personally known to me or [ ]
(type of identification ) as identification.
day of
who has
NOTARY'S SEAL
OR
STAMP
\;J~UBQfln ~
"\,"~f~U",, TIA DQBARO
]?:~il'" ~;< MY COMMISSION 1/ DO 075581
~. ] i EXPIRES: November 29,2005
, ~R1.~ ,,~ acnde<l Thfll N*rv Public UndelWrilers
I '}004
OCT L
,t
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 04-241
TO:
FROM:
Janet Prainito
City Clerk
Michael W. Rumpf ~~u"L.
Director of Planning and ZOning
DATE:
September 30,2004
SUBJECT: Gateway Texaco at 2360 North Federal Highway
ZNCV 03-010 through ZNCV 03-012, ZNCV 03-014 through 03-017, and
ZNCV 03-023
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced cases.
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variances are scheduled for the October 12, 2004
Community Redevelopment Agency Board meeting, and the October 19, 2004 City
Commission meeting. Please advertise in the newspaper and send notice to property
owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL fi..JTICES AND/OR LEGAL ADVERT...A:MENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two (2) working days prior to the first publishing date requested below.
ORIGINATOR: Plannino and Zonino Division
PREPARED BY: Michael Rumpf DATE PREPARED: September 30. 2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zonino Code Variances for SUAU
Enterprises. Incorporated. Relief from Land Development Reoulations: Drivewavs
distance from intersection. number of driveways per street frontaoe. buildino rear
setback. canopy setback. oasoline pump island setback. landscape buffer width alono
street frontaoe. landscape buffer width at interior property line. and sion setback in a C-
3 zonino district. Community Redevelopment Aoencv Board meetino to be held on
October 12. 2004 at 6:30 p.m. and bv the City Commission on October 19.2004 at 7:00
p.m.. both in the Commission Chambers. City Hall at 100 East Bovnton Beach
Boulevard. Bovnton Beach. Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: Applicant and Director of Plannino and Zonino.
NEWSPAPER(S) TO PUBLISH: The Post
PUBLISHED: October 3. 2004
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: October 1,2004
APPROVED BY:
(1)~
{Originator)
'1-;:,0- of
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:IPJanning\sHAREDlWPlPROJECTSIGateway Shell fka TexacolNew ShelllVariances (revised 2004)ILegal notice.doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION of the
CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and
pursuant to the provisions of the zoning code of said City:
Owner:
SUAU Enterprises, Incorporated
Requests:
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 a
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;
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 gas station business;
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 (1) per street frontage to allow two (2) driveways
along the street frontage for an existing gas station
business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.e. (3) requiring a twenty (20) foot rear
setback to allow a 10-foot variance, resulting in a rear
setback of 10 feet for an addition to an existing gas station
business;
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 gas station business;
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~sulting in a distance of
19.8 feet for an existing gasolinE(' pump island for a gas
station business;
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) landscape buffer
along the street frontage for an existing gas station building;
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 one (1) foot - six (6) inch
buffer for an existing gas station business;
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 gas station
business;
Location:
Gateway Shell at 2360 North Federal Highway, Boynton
Beach, Florida
Legal:
That certain piece, parcel, or tract of land lying, being, and
situate in Palm Beach County, State of Florida and being
more particularly described as follows:
A portion of Lot 4, of Sam Brown Jr's Hypoluxo subdivision,
as recorded in Plat book 1, Page 81, of the Public Records
of Palm Beach County, Florida, being more particularly
described as follows;
Commencing at the northwest corner of said lot 4; thence
run S. 89 59' 27" E., along the north line of said Lot 4, for a
distance of 94.78 feet to the point of beginning of the
following described parcel of land; thence continue S. 89 59'
27" E., along the north line of said Lot 4 for a distance of
137.00 feet to a point; thence run S. 720' 55" W., parallel to
the said easterly right of way line of U.S. Highway No.1, for
a distance of 153.61 feet to a point on the north right of way
line of Vista Hermosa Avenue (Now called Las Palmas
Avenue as shown on the Plat of Las Palmas Park, recorded
in Plat book 25, at Page 242, of t' ~ Public Records of Palm
Beach County, Florida; thence run"""est along the said north
right of way line of Vista Hermosa Avenue for a distance of
123.5 feet to a point of curvature of a circular curve to the
right; thence run northwesterly and northeasterly along the
arc of said circular curve to the right, whose elements are a
radius of 12 feet, and a central angle of 97 20' 55" for an arc
distance of 20.39 feet to a point of tangency with the
easterly right of way line of said easterly right of way line of
U.S. Highway No.1, for a distance of 140.00 feet more or
less to the point of beginning.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE
THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, OCTOBER
12,2004 AT 6:30 P.M. AND THE CITY COMMISSION ON TUESDAY, OCTOBER 19,
2004 AT 7:00 P.M., BOTH AT THE CITY HALL COMMISSION CHAMBERS, 100
EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH.
All interested parties are notified to appear at said hearings in person or by attorney
and be heard or file any written comments prior to the hearing date. Any person who
decides to appeal any decision of the Community Redevelopment Agency Board with
respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford
an individual with a disability an equal opportunity to participate in and enjoy the
benefits of a service, program, or activity conducted by the City. Please contact Patricia
Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in
order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
October 3, 2004
S:IPlanningISHAREDlWPIPROJECTSIGateway Shell fka TexacoINew ShelllVariances (revised 2004)ILegal notice.doc
f /0 /F/ /1,-;)(1 ~
-/;z~flr ~j"yJ
S.lN3Wo:>oa
VON39V
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
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 3, 2004 (Noon,) July 19, 2004 D October 4, 2004 (Noon) September 20, 2004
D August 17, 2004 (Noon) August 2, 2004 IZI October 19, 2004 (Noon) October 4, 2004
D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004
D September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November 1,2004
D Administrative D Development Plans
NATURE OF IZI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board on October 12, 2004, on a vote of 3 to 3, recommended
denial of the subject request. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-226.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Shell (ZNCV 03-013)
Beril Kruger, Planning & Zoning Consultants
Suau Enterprises, Incorporated
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 twenty
(20) foot rear setback to allow a 1O-foot variance, resulting in a rear setback of 10 feet for
an addition to an existing gas station.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Developme City Manager's Signature
~~ ~ctor CIty Attorney /Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-013 Building Setback\Agenda Item
RequestGateway Shell ZNCV 03-013 10-19-04,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-226
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
THRU:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP C;}___
Planner C
October 6, 2004
DATE:
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Building setback variance ZNCV 03-013
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty
(20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of
10 feet for an addition to an existing gasoline dispensing establishment.
PROJECT DESCRIPTION
Property Owner:
SUAU Enterprises, Incorporated
Applicant! Agent:
Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location:
2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning:
Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
681 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-
001).
Acreage:
0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North :
Multi-family residential property, zoned Community Commercial (C-3);
South:
Right-of-way for Las palmas Avenue, and farther south are single-family attached
townhouses under construction (The Harbors), zoned Infill Planned Unit Development
(IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) currently under review for a
proposed car wash, and farther east is a Single-family residential dwelling (part of Las
Palmas development), zoned Single-family residential, (R-1-AA); and
West:
Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west developed
staff Report
Memorandum No PZ-04-226
Page 2
commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood
Commercial (C-2).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and
its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use / major site plan modification approval involving a series of variance requests in order
to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant
is also proposing new parking spaces, additional landscaping, and a general "make-over" of the exterior facades
of the existing building building and canopy. However, the number of gasoline pump islands and fueling
positions would remain unaltered.
The proposed building expansion is being considered for conditional use approval because gasoline dispensing
establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this
particular gas-station is a legal non-conforming use because it is currently a fully functional, operating, and
licensed gas station but does meet the locational criteria for gas stations as outlined by Chapter 2, Section
11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located
only on parcels of land located at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only
two (2) lanes wide.
In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed
direct access between the subject lot and the lot directly to the east (which was previously earmarked for a
mechanical car wash). The direct access was proposed in order to minimize vehicular traffic spilling onto Las
Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot
expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only
require site plan review. However, after careful consideration, staff determined that the building addition would
not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a
gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's inquiries, on July 16, 2002, the
Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant
from increasing the size of the gas-station building because by doing so, would constitute a violation of Chapter
2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the
Director determined that the proposed driveway connection between the subject lot and the lot directly to the
east would be permitted subsequent to site plan review. However, the direct access would only be allowed
contingent upon the recordation of a legally binding cross-access agreement between the subject lot and the lot
directly to the east.
On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative
determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered / expanded independent of the gasoline sales element of the
business". Again, staff disagreed with the applicant's position. However, the Oty Commission approved the
applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17,2003, Mr. Kruger submitted a request for conditional use / major site plan modification approval and
its accompanying variances for the construction of the building addition. Both staff and the CRA reviewed the
site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which,
Staff Report
Memorandum No PZ-04-226
Page 3
limited the buidling addition to 600 square feet. On October 21, 2003, the City Commission approved their
request for conditional use I major site plan modification and the accompanying variances. However, on
November 18, 2003, the City Commission rescinded their previous approvals. Most recently, on August 11, 2004,
Mr. Kruger re-submitted a revised request for major site plan modification and the accompanying variances. If
approved, the construction of the addition, parking lot, and fa<;ade improvements would occur in one (1) phase.
It should be noted that the difference between this submittal and the original submittal as described above, is
that the proposed car wash on the abutting property (to the east) has been abandoned. As such, the drive aisle
that was to connect to the lot to the east has also been eliminated from the design.
As part of the major site plan modification process, the site has to meet all the requirments of the Land
Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which requires a twenty (20) foot rear setback for builidngs in the
the C-3 zoning district. However, the proposed addition would encroach into the setback by 10 feet. Therefore,
a variance of 10 feet would be required for the proposed building addition.
ANALYSIS
The code states that the zoning code variance 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 granting of the variance will be in harmony with the general intent and purpose of this chapter
[ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to
the public welfare.
Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C" -
Marouf Shell Variances, which requires the request be initiated because of special conditions and circumstances
that are peculiar to the subject land, structure, or building, which are not the result of the actions of the
applicant, and that the request is the minimum variance that will make poSSible the reasonable use of the land,
building, or structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business. The applicant desires to build along the rear of the original building leaving all mechanical
equipment in their existing location, which forces the encroachment into the rear seatback. The stepping back of
the addition from the rear of the existing structure to accommodate the mechanical equipment has generated
the circumstances. The subject property has been improved with a gas station business, and occupied since
1965. The fact that the applicant has the ability to construct at the appropriate setback line dearly demonstrates
that, criteria items "a" and "c" are not met. Further, since the necessity for the variance has been caused by the
proposed addition, condition "b" above is also not satisfied.
Staff Report
Memorandum No PZ-04-226
Page 4
The overall objective of the Land Development Regulations is to ensure the safety and welfare of the public by
providing regulations and standards in which to achieve consistent equitable developments. The proposed
addition would be setback approximately ten (10) feet from the rear property line, half of the distance required
by code. Furthermore, notwithstanding interior layout and design objectives, there currently exists nearly 34 feet
of depth to the rear property line when measured from the deepest dimension from the existing rear fac;ade. The
expansion could be as deep as 14 feet, and extend over 50 feet in length without encroaching into the rear
setback, if the mechanical equipment was relocated. To further support the potential for the expansion to be
designed to comply with setbacks, is the existing requirement that it (the proposed addition) be reduced in size
in order to comply with the City Commission's condition of approval from the administrative appeal. The granting
of this variance would be an acknowledgement that there exists no alternative in either the structure size or
location.
CONCLUSIONS/RECOMMENDATION
Based on a strict interpretation of the variance criteria, staff recommends that the request for relief from Chapter
2, Zoning, Section 11, Supplemental Regulations L.3.e. (3), requiring a minimum rear yard setback of 20 feet for
a gasoline dispensing establishment within the C-3 zoning district, to allow for a variance of 10 feet, and a rear
yard setback of 10 feet be denied, due to the lack of hardship, and due to the circumstance being created by the
actions of the applicant.
Should the subject request be approved, staff is recommending that the addition be limited to a maximum of 600
square feet as prescibed by condition of approval for appeal ADAP 02-001. Also, staff recommends that the
minimum height of new trees shall be 14 feet at the time of installation in order to provide the necessary
buffering along the north, south, and east sides of the project. Any additional conditions of approval added by
the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "0" -
Conditions of Approval.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWartances (revised 2004)\03-013 Building Setback\Staff Report ZNCV 03-013
Building Setback. doc
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. Gateway Shell
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MAROUF SHELL VARIANCES
5/26/04
Chapter. 2, Sec. II Supplemental ReQulations
L.3.d.(1), (3), (4), Drivewavs
1,'
(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 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 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.
'"
.
.~
MAROUF SHELL VARIANC
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" 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 wall.
Landscaping shall be continuously maintained.
~. ~~1f ~.~/'~IIlL/ J~;..Jtd c/~/2-
BOy~tt Bfa&?~~(&dYf,ances ~ /' ,- 0 W'
Part III Land Development Regulations ~./---- Q'/ /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
\~
',,\
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Shell (fka Gateway Texaco)
File number: ZNCV 03-013 Building Setback
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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. 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.
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ZNCV 03-Ol3.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P 8r. D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [8]
All exhibits are attached & marked [8]
Please do not write in the shaded area below.
on
<~atel
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
AFFIDA VIT
RE: Marours Gateway Shell
L the undersigned do certify that to the best of my knowledge the attached ownership list, 400'
radius map and mailing labels are a complete and accurate representation of the real estate
property and property owners within at least 400 feet of the above-referenced subject property.
This reflects the most current records on file in the Palm Beach County Property Appraiser's
Office.
The notification was postmarked Friday, October 1,2004, Twelve days in advance of the public
hearing.
Site signs were posted on the premises 10 days in advance of the public hearing in accordance with
City Ordinance 04-007. Attached are photographs of the signs showing their placement on the
property.
COUNTY OF PALM BEACH
STATE OF FLORIDA
was acknowledged before me this Ji.../A-t
Beril Kruger who is [ ] personally known to me or [ ]
(type of identification) as identification.
day of
who has
NOTARY'S SEAL
OR
STAMP
~thuQjLc AJ
"",'~U~I'", T1A DOBARD
i~\'!\"V~~ MY COMMISSION' DO 075581
7.1 EXPIRES: November 29, 2005
,~ Bondt<l thill NOIiiy Pibllc UndelWriters
ocr I 2004
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 04-241
TO:
FROM:
Janet Prainito
City Clerk
Michael W. Rumpf ~~,(UL.
Director of Planning and ZOning
DATE:
September 30,2004
SUBJECT: Gateway Texaco at 2360 North Federal Highway
ZNCV 03-010 through ZNCV 03-012, ZNCV 03-014 through 03-017, and
ZNCV 03-023
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced cases.
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variances are scheduled for the October 12, 2004
Community Redevelopment Agency Board meeting, and the October 19, 2004 City
Commission meeting. Please advertise in the newspaper and send notice to property
owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL r\4TICES AND/OR LEGAL ADVERT.",..eMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two (2) working days prior to the first publishing date requested below.
ORIGINATOR: Plannino and Zonino Division
PREPARED BY: Michael Rumpf DATE PREPARED: September 30, 2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zonino Code Variances for SUAU
Enterprises. Incorporated. Relief from Land Development Reoulations: Driveways
distance from intersection. number of driveways per street frontaoe, buildino rear
setback. canopy setback, oasoline pump island setback, landscape buffer width alono
street frontaoe, landscape buffer width at interior property line, and sian setback in a C-
3 zonino district. Community Redevelopment Aoency Board meetino to be held on
October 12, 2004 at 6:30 p.m. and by the City Commission on October 19. 2004 at 7:00
p.m., both in the Commission Chambers, City Hall at 100 East Boynton Beach
Boulevard. Boynton Beach. Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: Applicant and Director of Plannino and Zonino.
NEWSPAPER(S) TO PUBLISH: The Post
PUBLISHED: October 3, 2004
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: October 1, 2004
APPROVED BY:
(1)~
(Originator)
4f-~- af
(Date)
(2)
(City Attorney)
RECEIVED BY CITY CLERK:
COMPLETED:
(Date)
S:IPlannlngISHAREDlWPIPROJECTSIGaleway Shell fka TexacolNew ShellIVanances (revised 2004)\Legal nollce.doc
. NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION of the
CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and
pursuant to the provisions of the zoning code of said City:
Owner:
SUAU Enterprises, Incorporated
Requests:
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 a
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;
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 gas station business;
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 (1) per street frontage to allow two (2) driveways
along the street frontage for an existing gas station
business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.e. (3) requiring a twenty (20) foot rear
setback to allow a 10-foot variance, resulting in a rear
setback of 10 feet for an addition to an existing gas station
business;
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 1 0.5-foot variance, resulting in a distance of 9.5 feet
for an existing canopy for a gas station business;
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~sulting in a distance of
19.8 feet for an existing gasolinE!" pump island for a gas
station business;
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) landscape buffer
along the street frontage for an existing gas station building;
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 one (1) foot - six (6) inch
buffer for an existing gas station business;
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 gas station
business;
Location:
Gateway Shell at 2360 North Federal Highway, Boynton
Beach, Florida
Legal:
That certain piece, parcel, or tract of land lying, being, and
situate in Palm Beach County, State of Florida and being
more particularly described as follows:
A portion of Lot 4, of Sam Brown Jr's Hypoluxo subdivision,
as recorded in Plat book 1, Page 81, of the Public Records
of Palm Beach County, Florida, being more particularly
described as follows;
Commencing at the northwest corner of said lot 4; thence
run S. 89 59' 27" E., along the north line of said Lot 4, for a
distance of 94.78 feet to the point of beginning of the
following described parcel of land; thence continue S. 89 59'
27" E., along the north line of said Lot 4 for a distance of
137.00 feet to a point; thence run S. 720' 55" W., parallel to
the said easterly right of way line of U.S. Highway No.1, for
a distance of 153.61 feet to a point on the north right of way
line of Vista Hermosa Avenue (Now called Las Palmas
Avenue as shown on the Plat of Las Palmas Park, recorded
in Plat book 25, at Page 242, of t' ", Public Records of Palm
Beach County, Florida; thence ru~est along the said north
right of way line of Vista Hermosa Avenue for a distance of
123.5 feet to a point of curvature of a circular curve to the
right; thence run northwesterly and northeasterly along the
arc of said circular curve to the right, whose elements are a
radius of 12 feet, and a central angle of 97 20' 55" for an arc
distance of 20.39 feet to a point of tangency with the
easterly right of way line of said easterly right of way line of
U.S. Highway No.1, for a distance of 140.00 feet more or
less to the point of beginning.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE
THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, OCTOBER
12,2004 AT 6:30 P.M. AND THE CITY COMMISSION ON TUESDAY, OCTOBER 19,
2004 AT 7:00 P.M., BOTH AT THE CITY HALL COMMISSION CHAMBERS, 100
EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH.
All interested parties are notified to appear at said hearings in person or by attorney
and be heard or file any written comments prior to the hearing date. Any person who
decides to appeal any decision of the Community Redevelopment Agency Board with
respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford
an individual with a disability an equal opportunity to participate in and enjoy the
benefits of a service, program, or activity conducted by the City. Please contact Patricia
Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in
order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
October 3,2004
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