Gateway Texaco (6) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME ·
APPLICANT'S AGENT:
Gateway Texaco
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants
AGENT'S ADDRESS:
9 Northeast 16~h Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003
TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification to construct a 681
square foot addition to an existing 1,719 square foot gasoline-
dispensing establishment for a total of 2,400 square feet on a 0.48 acre
lot in the C-3 zoning district.
LOCATION OF PROPERTY: 2360 North Federal Highway
DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The App. li..cant
r%. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
)(' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
DATED:
Other
All further development on ;dy
the~ shall be made in accordance with the terms
and
conditions
of
this
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S:~Planning~Shared\Wp~Projects\Gateway Texaco\COUS 03-00'
Location Map
Gateway Texaco
EXHIBIT "A"
SITE
R3
R3
IPUD
REC
REC
' I
H GH W A y
NO.?
J
EXHIBIT "B"
i
8
P~O~.~SE:'D AD[:)ITtON AND &L~RATIONS ~'0: ~'~
~:~,-~R WASH TEXACO ~1
' EXHIBIT ',B'7""'
EXHIBIT "B"
~ 7
CARWASH TEXACO
~ :-:i 5' ~ +.' C- --' ::- '- ~= :~'
- :.:~:
Landscape Pla~:
CARWASH TEXACO
In-igation Plan
{I
tO
CARWASH TEXACO
In'igatiota Details & Notes -
EX IBIT'"B"
CARWASH TEXACO
Landscape Plan. Details. & Notes
33.36'
...~4- 24. 76'
._~2 2.76'
,~L,, ,,. 20.76'
._~._,.I-8. 16'
_.~_.6.16'
Car
W.ash
LOPEN --7
OPEN
EXHIBIT· "B"
"TEXACO" LOGO AND LETTERING -
EXISTING SIGNAGE
"Food Mart" IDENTIFICATION -
EXISTING SIGNAGE
"Car Wash" - NEW SIGNAGE
~asollne" PRICE INDEX-
EXISTING SIGNAGE
"Diesel" PRICE INDEX-
EXISTING SIGNAGE
' 0.00'
EXISTING GRADE
6'-..8"
EXISTING SIGNAGE W/
PROPOSED ADDITION
G~.TEWAY TEXACO
2360 NORTH FEDERAL HIGHWAY
BOYNTON BEACH, FLORIDA 33435
1/4 SC.
EXH!~.!T "B"
SITE PHOTOMETRIC PLAN FOR~
GATEWAY TEXACO
2360 N. FEDEF~L HWY.
BOYNTON BEAC, FLORIDA, 33435
date
EXHIBIT "B"
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CAR WASH TEXACO
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EX
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H. Burton Smith, P.E.
CONSULTING ENGLN E ERS
SITE DEVELOPMENT DETAILS
MAROUF CAR WASH
HIBIT "B'r
EXHBIT "C"
Conditions of Approval
Project name: Gateway Texaco
File number: COUS 03-007
Reference: 3~d review plans identified as a Conditional Use with a September 23, 2003 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Show parking stops on the plans. These will be required to prevent vehicles X
from overhanging sidewalks and reducing accessible width.
2. A signed and executed ingress / egress easement must be reviewed and X
approved by City prior to the issuance of a buildinl~ permit.
UTILITIES
Comments:
3. Utility construction details as shown on Civil Engineering (CE) sheets 3 of 3 X
will not be reviewed for construction acceptability at this time. All utility
construction details shall be in accordance with the Utilities Department's
"Utilities Engineering Design Handbook and Construction Standards" manual;
they will be reviewed at the time of construction permit application.
ENGINEERING DIVISION
Comments:
4. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process docs not ensure
that additional comments may not bc generated by the Commission and at
permit review.
5. Proof of other agency permits shall bc required prior to the issuance of thc X
paving and drainage permit.
6. Sidewalks shall bc four (4) feet wide along local streets, and five (5) fcct wide X
along streets of higher classification (LDR, Chapter 6, Article IV, Section
10.T., and Chapter 22, Article I, Section 5).
7. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.). Use 25 (twenty-five) foot triangles for the driveway onto/off of
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DEPARTMENTS INCLUDE REJECT
Las Palmas. Please note, in accordance with the referenced section of the
LDR, that the sight triangles are placed at the intersection of the property line
and side of accessway. Use FDOT Standard Index 546 for the sight triangles
along Federal Highway, following that standard for triangle placement.
8. The medians on Federal Highway and the chase area(s) in the vicinity of this X
project have existing irrigation and plant material belonging to the City of
Boynton Beach. Any damage to the irrigation system and/or plant material as
a result of the contractor's operations shall be repaired or replaced to the
equivalent or better grade, as approved by the City of Boynton Beach, and
shall be the sole responsibility of the developer. Please acknowledge this
notice in your comments response and add a note to the plans with the above
stated information.
9. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X
Section 5 will be required at the time of permitting. Any work done within the
right-of-way and/or to existing facilities within the right-of-way of Federal
Highway will require review, approval and permitting by the Florida DOT.
10. Paving, drainage and site details as shown on site development sheet 3 of 3 X
will not be reviewed for construction acceptability at this time. The details
provided are outdated. All engineering construction details shall be in
accordance with the "City of Boynton Beach Engineering Design Handbook &
Construction Standards and will be reviewed for constmctability at the time of
construction permit application. The Engineering Design Handbook may be
obtained by contacting the En~ineerin~ Division.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
11. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of Chapter 6 of ASCE 7, and the
provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that
are signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
12. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
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DEPARTMENTS INCLUDE REJECT
accessible parking spaces and the accessible entrance doors to the building.
The installed symbol, required along the path, shall start at the accessible
parking spaces and terminate at the accessible entrance doors to the building.
The symbol shall represent the location of the path of travel, not the location of
the detectable warning or other pavement markings. The location of the
accessible path shall not compel the user to travel in a drive/lane area that is
located behind parked vehicles. Identify on the plan the width of the accessible
route. (Note: The minimum width required by the code is forty-four (44)
inches). Add text to the drawing that would indicate that the symbol represents
the accessible route and the route is designed in compliance with Section 11-
4.3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones) of
the 2001 FBC. Please note that at time of permit review, the applicant shall
provide detailed documentation on the plans that will verify that the accessible
route is in compliance with the regulations specified in the 2001 FBC. This
documentation shall include, but not be limited to, providing finish grade
elevations along the path of travel. Parking access aisle shall slope no more
than 1:50 per Florida Building Code 11-4.6.3.
13. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues [Section 3107.1.2, Chapter 31 of the
2001 FBC]:
a) The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation
NGVD is above the highest 100-year base flood elevation applicable to
the building site, as determined by the SFWMD's surface water
management construction development regulations."
14. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
15. A water-use permit for the irrigation system is required from the SFWMD. A X
copy of the permit shall be submitted at the time of permit application, F.S.
373.216.
16. The propane gas storage area shall comply with the requirements of NFPA 58. X
Indicate the capacity of the container, how the container is protected from
physical damage, etc..
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
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4
DEPARTMENTS INCLUDE REJECT
17. The applicant must indicated on the landscape plan the existing trees / X
vegetation that will be preserved, relocated or removed / replaced on the site.
A separate symbol should be used on the landscape plan to identify these trees
/ vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.).
18. The Las Palmas road right-of-way must receive Floritam sod and irrigation X
(Chapter 7.5, Article II Sec. 7.C.).
PLANNING AND ZONING
Comments:
19. If approved, the proposed building addition would be limited to 600 square X
feet in order to be consistent with the previous City Commission approval of
the Administrative Appeal (ADAP 03-001).
20. Approval of the proposed building addition is contingent upon the granting of X
the requested driveway variance (ZlxICV 03-010): see accompanying staff
report. If approved, this variance must be indicated in the site plan's tabular
data.
21. Approval of the proposed building addition is contingent upon the granting of X
the requested driveway variance (ZNCV 03-011): see accompanying staff
report. If approved, this variance must be indicated in the site plan's tabular
data.
22. Approval of the proposed building addition is contingent upon the granting of X
the requested driveway variance (ZNCV 03-012): see accompanying staff
report. If approved, this variance must be indicated in the site plan's tabular
data.
23. Approval of the proposed building addition is contingent upon the granting of X
the requested building setback variance (ZNCV 03-013): see accompanying
staff report. However, if approved, this variance must be indicated in the site
plan's tabular data.
24. Approval of the proposed building addition is contingent upon the granting of X
the requested canopy setback variance (ZNCV 03-014): see accompanying
staff report. If approved, this note must be indicated in the site plan's tabular
data.
25. Approval of the proposed building addition is contingent upon the granting of X
the requested canopy setback variance (ZNCV 03-015): see accompanying
staff report. If approved, this note must be indicated in the site plan's tabular
data.
26. Approval of the proposed building addition is contingent upon the ~ranting of X
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DEPARTMENTS INCLUDE REJECT
the requested buffer variance (ZNCV 03-016): see accompanying staff report.
If approved, this note must be indicated in the site plan's tabular data. Also,
staff recommends that the Ixora "Nora Grant" shrubs be 36 inches in height at
the time of installation within the landscape buffer along Las Palmas Avenue
and where possible, additional screening shall be provided (i.e. planters) along
North Federal Highway.
27. Approval of the proposed building addition is contingent upon the granting of X
the requested buffer variance (ZNCV 03-017): see accompanying staff report.
If approved, this note must be indicated in the site plan's tabular data.
28. Approval of the proposed building addition is contingent upon the granting of X
the requested sign variance (ZNCV 03-023): see accompanying staff report. If
approved, this variance must be indicated in the site plan's tabular data.
29. Approval of the proposed building addition is contingent upon the granting of X
the requested buffer variance (ZNCV 03-024): see accompanying staff report.
If approved, this note must be indicated in the site plan's tabular data. Staff is
recommending that the angled parking space, which is proposed to protrude
into the east landscape buffer, be eliminated so as to nullify the need for the
variance. If the proposed parking space were eliminated, the variance would
only apply to the vehicular encroachment into the north landscape buffer.
30. Revise the site plan tabular data so that it correctly indicates the number of X
required parking spaces (2,400 square feet ~ 1/250 = 10 spaces).
31. The cross-access agreement between the two (2) lots must be approved by the X
City Attorney's office and recorded prior to the issuance of a building permit.
32. The existing wall must be refurbished (in those areas of its decay) and X
repainted to match the color of the Gateway Texaco building.
33. Ensure that all the proposed plant quantities correspond between what is X
shown on the graphic illustration and its corresponding plan list on sheet "L-
,,.
34. Non-word depictions on signs shall be limited to 20% of the area of the sign X
erected. Color limitation shall not apply to non-word depictions on signs
(Chapter 9, Section 10.I.4.). On the elevations, indicate the area of the non-
word depictions in order to ensure compliance with the aforementioned code.
35. The freestanding pole sign is nonconforming in terms of its height and setback. X
The maximum sign area for the freestanding pole sign shall be one (1) foot of
sign area for each linear foot of street frontage; no such sign shall exceed 64
square feet in area (Chapter 21, Article IV, Section 2.B.). On the elevations,
indicate the existing signage area of the freestanding sign to ensure compliance
with the Regulations.
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10/15/03
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DEPARTMENTS INCLUDE REJECT
17. The applicant must indicated on the landscape plan the existing trees / X
vegetation that will be preserved, relocated or removed / replaced on the site.
A separate symbol should be used on the landscape plan to identify these trees
/ vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.).
18. The Las Palmas road right-of-way must receive Floritam sod and irrigation X
(Chapter 7.5, Article II Sec. 7.C.).
PLANNING AND ZONING
Comments:
19. If approved, the proposed building addition would be limited to 600 square X
feet in order to be consistent with the previous City Commission approval of
the Administrative Appeal (ADAP 03-001).
20. Approval of the proposed building addition is contingent upon the granting of X
the requested driveway variance (ZNCV 03-010): see accompanying staff
report. If approved, this variance must be indicated in the site plan's tabular
data.
21. Approval of the proposed building addition is contingent upon the granting of X
the requested driveway variance (ZNCV 03-011): see accompanying staff
report. If approved, this variance must be indicated in the site plan's tabular
data.
22. Approval of the proposed building addition is contingent upon the granting of X
the requested driveway variance (ZNCV 03-012): see accompanying staff
report. If approved, this variance must be indicated in the site plan's tabular
data.
23. Approval of the proposed building addition is contingent upon the granting of X
the requested building setback variance (ZNCV 03-013): see accompanying
staff report. However, if approved, this variance must be indicated in the site
plan's tabular data.
24. Approval of the proposed building addition is contingent upon the granting of X
the requested canopy setback variance (ZNCV 03-014): see accompanying
staff report. If approved, this note must be indicated in the site plan's tabular
data.
25. Approval of the proposed building addition is contingent upon the granting of X
the requested canopy setback variance (ZNCV 03-015): see accompanying
staff report. If approved, this note must be indicated in the site plan's tabular
26. Approval of the proposed buildin~ addition is contingent upon the granting of X
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DEPARTMENTS INCLUDE REJECT
the requested buffer variance (ZNCV 03-016): see accompanying staff report.
If approved, this note must be indicated in the site plan's tabular data. Also,
staff recommends that the Ixora "Nora Grant" shrubs be 36 inches in height at
the time of installation within the landscape buffer along Las Palmas Avenue
and where possible, additional screening shall be provided (i.e. planters) along
North Federal Highway.
27. Approval of the proposed building addition is contingent upon the granting of X
the requested buffer variance (ZNCV 03-017): see accompanying staff report.
If approved, this note must be indicated in the site plan's tabular data.
28. Approval of the proposed building addition is contingent upon the granting of X
the requested sign variance (ZNCV 03-023): see accompanying staff report. If
approved, this variance must be indicated in the site plan's tabular data.
29. Approval of the proposed building addition is contingent upon the granting of X
the requested buffer variance (ZNCV 03-024): see accompanying staff report.
If approved, this note must be indicated in the site plan's tabular data. Staff is
recommending that the angled parking space, which is proposed to protrude
into the east landscape buffer, be eliminated so as to nullify the need for the
variance. If the proposed parking space were eliminated, the variance would
only apply to the vehicular encroachment into the north landscape buffer.
30. Revise the site plan tabular data so that it correctly indicates the number of X
required parking spaces (2,400 square feet ~ 1/250 = 10 spaces).
31. The cross-access agreement between the two (2) lots must be approved by the X
City Attorney's office and recorded prior to the issuance of a building permit.
32. The existing wall must be refurbished (in those areas of its decay) and X
repainted to match the color of the Gateway Texaco building.
33. Ensure that all the proposed plant quantities correspond between what is X
shown on the graphic illustration and its corresponding plan list on sheet "L-
,,.
34. Non-word depictions on signs shall be limited to 20% of the area of the sign X
erected. Color limitation shall not apply to non-word depictions on signs
(Chapter 9, Section 10.1.4.). On the elevations, indicate the area of the non-
word depictions in order to ensure comphance with the aforementioned code.
35. The freestanding pole sign is nonconforming in terms of its height and setback. X
The maximum sign area for the freestanding pole sign shall be one (1) foot of
sign area for each linear foot of street frontage; no such sign shall exceed 64
square feet in area (Chapter 21, Article IV, Section 2.B.). On the elevations,
indicate the existing signage area of the freestanding sign to ensure compliance
with the Regulations.
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DEPARTMENTS INCLUDE REJECT
36. Any sign or additional signage area proposed on the subject property that X
advertises for a use on an adjacent property would be classified as an off-
premise sign. An off-premise sign is not permitted pursuant to Chapter 21,
Article II, Section 3.S of the Land Development Regulations. However, if the
"Carwash" wording is part of the official business name, provide document to
verify same. Wording on the sign should graphically and accurately reflect /
correspond with the official business name.
37. On the elevation pages, calculate the area (in square feet), including their X
dimensions, of each sign so that collectively, the cumulative area of all wall
signage complies with Chapter 21, Article 4, Section C.3. Also, indicate the
letter colors and sign material. Chapter 9, Section 10.I.6 of the City Of
Boynton Beach Land Development Regulations requires that project signage
be in scale with the building.
38. Rooftops will be treated as part of the building elevation. All rooftop X
equipment must be completely screened from view at a minimum distance of
600 feet (Chapter 9, Section 11.E.).
39. Equipment placed on the walls of the buildings shall be painted to match the X
building color (Chapter 9, Section 10.C.4.). Place a note on the elevations
indicating this requirement.
40. Also, if approved, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional X
Uses, a time limit would be required for project development. Staff
recommends a period of one (1) year be allowed to obtain a building permit
~excludin~ permits for land clearing).
ADDITIONAL COMMUNITY REDEVELOPMENT AGNECY
COMMENTS:
Comments:
41. Provide directional signs (regarding the carwash) on the gas station property at X
the north driveway opening along Federal Highway.
42. Comment #23 rejected consistent with Board's denial recommendation on X
setback variance.
43. Comment #29 to be rejected to reflect applicant's withdrawal of buffer X
variance.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
42. To be determined. ~
S:\Planning\Shared\Wp\Projects\Gateway Texaco\COUS 03-007 Gateway T~COA.doc