Minutes 10-19-04
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, OCTOBER 19, 2004 AT 6:30 P.M.
Present
Jerry Taylor, Mayor
Mike Ferguson, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
Kerry Ezrol, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Reverend Martin Zlatic - St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson
Mayor Taylor called the meeting to order at 6:30 p.m.
Reverend Zlatic introduced Kacy Mahler and Colby Hargrave, students in the Acolyte
Program at St. Joseph's School, who offered invocations that they wrote themselves.
The Pledge of Allegiance was led by Vice Mayor Ferguson.
Mayor Taylor thanked the students for offering the invocations. Mr. Bressner presented
Ms. Mahler and Mr. Hargrave with City logo pins.
D. Agenda Approval:
1 . Additions, Deletions, Corrections
Vice Mayor Ferguson requested that Items E.1, E.2, E.3, E.4 and E.5 be heard after
Public Hearing.
Mayor Taylor requested that Item XIII.A (Unfinished Business) be moved up to be
heard after approval of the Consent Agenda.
Motion
Commissioner Ensler moved for approval. Motion seconded by Vice Mayor Ferguson
and unanimously carried.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
2. Adoption
Motion
Vice Mayor Ferguson moved to approve the agenda, as amended. Motion seconded by
Commissioner Ensler and unanimously carried.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray announced that on November 11, 2004 there would be an
additional Veterans Day Celebration beginning at 1 :00 p.m. at St. John's Missionary
Baptist Church, 900 N. Seacrest Boulevard. This celebration will be in addition to the
one that will be held at Intracoastal Park on Sunday, November 7th. Flyers were
distributed announcing the Celebration.
Commissioner Ensler noted that there was an article in the October 18th Palm Beach
Post dealing with a company named Suspended Animation, Inc. that deals with
cyronics that would like to establish a laboratory in Boynton Beach. This company
performs research that involves human bodies, animals, and vivisection, and the article
intimated that they have been furnished with a letter that this is a permitted business
within the City's zoning. Commissioner Ensler pointed out that the City of Boca Raton
turned down their request and now they would like to relocate to Boynton Beach.
Commissioner Ensler pointed out that animal activist groups are against this company
and requested that the item be placed on the agenda as a future agenda item for public
input. Commissioner Ensler was opposed to allowing the company to move forward
without public hearings. He requested that the City withhold any further action for this
applicant until the City and the Commission have an opportunity to review the matter.
Commissioner McCray inquired if the company secured a location in the City.
Mike Rumpf, Planning and Zoning Director, stated that the company has located a site
and has applied for permits that are being reviewed for improvements to an industrial
bay in the M-1 Zoning District. Commissioner McCray would like the Commission to
move on this as fast as possible, and he requested that it be placed on the next
agenda. Mr. Rumpf responded that staff could be prepared for the next meeting.
Commissioner Ensler also thought that there may be State laws involved in this matter.
Mayor Taylor noted that there was a consensus to place this item on the next agenda
for discussion.
Mayor Taylor read a letter into the record from pryse R. Elam, Senior Managing
Director of Faison Company. Faison Company is developing The Arches project in the
downtown development area of Boynton Beach. The letter commended the City and
staff for their support and dedication to the vision of Boynton Beach. It went on to state
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October 19, 2004
how cooperative the City staff has been in helping them craft their development with
professionalism and expertise. A copy of the letter is on file in the City Clerk's Office.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
Mayor Taylor made the following announcements.
1. Boynton Veterans Council Veterans Day Ceremony will be held on
Sunday, November 7,2004 at 2:00 p.m. at Intracoastal Park
2. The Next Regular Commission Meeting will be Wednesday, November
3,2004 due to Election Day on Tuesday, November 2,2004
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. Boynton Veterans Council Veterans Day Ceremony - November 7,
2004
Mayor Taylor read the Proclamation declaring November 7,2004 as Boynton Veterans
Council Veterans Day Ceremony. Since no one was present to accept the
Proclamation, it was given to the City Clerk for distribution.
2. Presentation of National and State Accreditation for Boynton Beach
Police Department
Commissioner McCray, Commissioner McKoy and City Manager Bressner were
requested to present the Certificate of National and State Accreditation to
representatives of the Boynton Beach Police Department that included Assistant Police
Chief Matt Immler, Assistant Police Chief Steve Graham and Officer Kelly Harris.
Commissioner McCray reported that he and Commissioner McKoy represented the City
in Orlando for the National and State Accreditation of the Boynton Beach Police
Department. Commissioner McCray was proud to represent the City in this endeavor
and noted what a great honor and experience it was. Commissioner McCray
commended the entire Police Department on their professionalism and extended best
wishes to them in keeping up the good work.
Commissioner McKoy presented the Certificate from the Commission for Florida Law
Enforcement Accreditation Incorporated to the representatives of the Police
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October 19, 2004
Department and pointed out that that the citizens of the City have something to be very
proud of their Police Department.
Mayor Taylor requested that Assistant Chief Immler inform all the Officers who could
not be present tonight how proud the City is of them.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3-minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
Herb Suss, a resident of Boynton Beach, recommended that the Old High School be
torn down and that the City start new.
Mr. Suss was surprised that after just one year when he was in favor of the Mayor and
Commissioners receiving a raise, they are coming back and asking for another raise.
He noted that the City of Delray Beach has raised the officials' salaries equivalent to
what Boynton Beach officials are receiving. In Boca Raton, in order for city officials to
receive a raise, the citizens vote for it. He would like this same process in place for
Boynton Beach.
Mr. Suss pointed out that the money used for the requested raises could be used to
add another fireman or police officer to the City. He pointed out that there are people
that teach crafts in the City who are now being requested to pay for their insurance
costs in order to teach these classes. Mr. Suss felt that the money could be used to
assist with insurance for these teachers that provide an important service. He was
opposed to the Commissioners and Mayor receiving any kind of raise.
Howard Solomon, 1 Heather Trace Drive, Boynton Beach, thanked the City and its
employees for a job well done during the hurricanes. He commended the Fire and
Police Departments for being out in the City 12 to 14 hours a day. He also noted that
the utility, public works and code employees were out working on Labor Day trying to
get the City back in order. He would like to have these employees presented with a
proclamation for their efforts.
James Gostel, was a resident of Boynton Beach from 1973 to 1997 when he was
"booted out." He noted that the greatest decision that the City Commission would be
making is whether it wants to arbitrate his dispute that is still outstanding regarding the
taking of his house and property.
Mr. Gostel warned Mayor Taylor and the City, as he did in 1997, when he was told that
the City would not help him, that the dispute would not go away and he was prepared to
resolve it. The dispute could be resolved in peace if the City agreed to help him
redevelop his home so that he could continue living in Boynton Beach. He asserted that
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October 19, 2004
the City denied him access to Federal funds and he is charging the City with
discrimination and the use of Federal funds.
Mr. Gostel is done with the courts and it will either be resolved in peace or in war.
Beginning November 1 st, he intends to picket City Hall. He stated that he has a short
time left to live and this is his final battle-to get his compensation from the City and
walk away in peace. If he does not receive reasonable compensation, the City should
worry about what is going to happen after 2006, when he intends to take action.
Bob Brown, 701 South Seacrest Boulevard, would like the City to find a way to deal
equitably with people who have long-standing disputes with the City.
Mr. Brown stated that 20 years ago he applied for a joint application permit with the
State and Federal Government for an environmental permit to build a house. For 20
years he has paid taxes and it has taken 20 years to obtain the permit.
In 1988 he came before the City with a request to build a dock and the City informed
him that an accessory structure would not be allowed and he needed to have a house
on the property before he could build a dock. In 1999 the City informed him that he
could build the dock, even if he had not received his permits. He has since received his
boat dock permit from the State and Federal Government and he reapplied for his boat
dock permit six weeks ago. At that time, he was told that he needed to have a house on
the property before he could build a dock.
Mr. Brown requested that the code be changed to allow an accessory structure to be
built on a piece of property that did not have a home on it. He stated that he has spent
over $10,000 and 5 years getting the new dock permit and is getting the same run
around from the City. Mr. Brown was desirous of being allowed to put a dock on his
property.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment
To Be Made
Board
Length of Term
Exoiration Date
IV McKoy
Mayor Taylor
Advisory Bd on Children & Youth Alt
Advisory Bd on Children & Youth Alt
1 yr term to 4/05
1 yr term to 4/05
Mayor Taylor
I Ensler
II McCray
III Ferguson
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Reg
Reg
Alt
Alt
3 yr term to 4/07(Tabled 2)
3 yr term to 4/07(Tabled 2)
1 yr term to 4/05(Tabled 2)
1 yr term to 4/05(Tabled 2)
Ensler
Cemetery Board
Alt
1 yr term to 4/05
IV
McKoy
Code Compliance Board
Aft
1 yr term to 4/05(Tabled 2)
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Mayor Taylor
Code Compliance Board
Alt
1 yr term to 4/05
IV McKoy
Mayor Taylor
I Ensler
Education Advisory Board
Education Advisory Board
Education Advisory Board
Stu
Alt
Alt
1 yr term to 4/05 (Tabled 3)
1 yr term to 4/05
1 yr term to 4/05
Commissioner McKoy appointed Darcy LaFountain as an Alternate Member of the Advisory
Board on Children & Youth.
Mayor Taylor appointed Anne Vonick as an Alternate Member of the Advisory Board on
Children & Youth.
Motion
Vice Mayor Ferguson moved to approve the appointments. Motion seconded by
Commissioner McCray and unanimously carried.
All other appointments were tabled.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes:
1. Agenda Preview Conference - October 1,2004
2. Regular City Commission Meeting - October 4, 2004
8. Bids and Purchase Contracts - Recommend Approval - All expenditures
are approved in the 2003-2004 Adopted Budget
None
C. Resolutions:
1. Proposed Resolution No. R04-180 Re: Authorizing
execution of a professional services contract for implementation of
a portion of the City Commission strategic plan
2. Proposed Resolution No. R04-181 Re: Authorizing
the release of the Development Bond for Boynton Marina Village in
the amount of $407,380)
3. Proposed Resolution No. R04-182 Re: Authorization to
proceed with professional services scope of work for a project
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review of the viability of refurbishing the Old High School vs.
construction of a new Civic Center
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
1 . Gateway Shell (ZNCV 03-010 to 03-012) - 2360 North Federal
Highway - Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.d.(1) requiring parking lot driveways
to be located 120' from the intersection of the right-of-way lines
along streets of higher classification to allow a 97' variance,
resulting in a distance of 23', and to allow an 88' variance for a
second driveway, resulting in a distance of 32' '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' variance, resulting in a distance of 20' 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.
(HEARD AFTER ITEM VIII. A.)
2. Gateway Shell (ZNCV 03-013) - 2360 North Federal Highway -
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.e.(3) requiring a 20' rear setback to
allow a 10' variance, resulting in a rear setback of 10 feet for an
addition to an existing gas station (HEARD AFTER ITEM VIII. A.)
3. Gateway Shell (ZNCV 03-014 and ZNCV 03-015) - 2360 North
Federal Highway - Request for relief from the City of Boynton
Beach Land Development Regulations, Chapter 2, Zoning,
Section 11, Supplemental Regulations L.3.e. (a) requiring that no
canopy shall be located less than 20' from any property line to
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October 19, 2004
allow a 10.5' variance, resulting in a distance of 9'-6" for an
existing canopy for a gas station business; and
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.e. (b) requiring that no gasoline
pump island shall be located less than 30' from any property line
to allow a 10.2' variance, resulting in a distance of 19.8' for an
existing gasoline pump island for a gas station business (HEARD
AFTER ITEM VIII. A.)
4. Gateway Shell (ZNCV 03-016 and ZNCV 03-017) - 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 10'
wide landscape buffer along the street frontage to include one tree
ten (10) to fifteen (15) feet in height with a minimum three-inch
caliper every 40', a continuous hedge 24 inches high, 24 inches
on center at time of planting with flowering groundcover to allow a
variance of 10', 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 10' wide
landscape buffer on all interior property lines to allow a variance of
8'-6", resulting in a 1 '- 6" landscape buffer for an existing gas
station business (HEARD AFTER ITEM VIII. A.)
5. Gateway Shell (ZNCV 03-023) - 2360 North Federal Highway -
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 21, Signs, Article III. Section 5
requiring that all signs must meet a minimum 10" setback from the
property line to the closest surface of the sign to allow a 5"
variance from the property line, resulting in a 5" setback for an
existing gas station business (HEARD AFTER ITEM VIII. A.)
Mayor Taylor noted that Items E. 1, E.2, E.3, EA and E.5 had been pulled for
discussion.
6. Sunbelt Hydraulics (SPTE 04-008) - Lot 9 West Industrial
Avenue - Request for a second one (1) year time extension of the
site plan approval originally granted on August 6, 2003, from
August 6, 2004 to August 6, 2005
7. Boynton Beach Marina Townhomes (SPTE 04-007) - 743 NE
1 st Avenue - Request for a one (1) year time extension of the site
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plan approval granted on July 15, 2003, from July 15, 2004 to July
15,2005
F. Authorize repair to private property due to utility system damage
(RECONSIDERED AND TABLED ON OCTOBER 4, 2004)
Mayor Taylor removed Item VI.F. from the Consent Agenda for discussion.
Motion
Commissioner McKoy moved to approve the consent agenda, as amended. Motion
seconded by Commissioner McCray and unanimously carried.
F. Authorize repair to private property due to utility system damage
(RECONSIDERED AND TABLED ON OCTOBER 4, 2004)
Motion
Commissioner McCray moved to remove Item VI.F from the table. Motion seconded by
Vice Mayor Ferguson and unanimously carried.
Mr. Bressner presented this item and noted that it was on the Consent Agenda for the
last Commission meeting. There was a motion to reconsider the item, and it was
subsequently tabled. The issue involves damage to private property as the result of a
Ficus tree that was on public property that blew over during Hurricane Frances. The
roots were wrapped around a 6" water main that broke open when the tree fell.
This incident occurred when the Hurricane was beginning and the City was in a state of
emergency. During the 24 hours while the Hurricane was passing through the City,
staff was not in a position to respond. The residents called the City during the storm
requesting that the City respond to the water main break, but the City was not in a
position to respond in order to avoid exposing any City employees to any dangers.
On Sunday morning City employees went to the site and shut off the water main.
However, by that time damage had been caused as the result of water from the broken
water main going into a finger canal that separates the property at 1218 Isle Court and
1231 Gondola Lane. The City owns the finger canal. As a result, a great portion of the
back yards of 1218 Isle Court and 1231 Gondola Lane were washed out along with a
fence along the building line of the drainage easement.
The residents requested that the City reimburse them or repair the damage to their
property. City staff at first felt that this was an act of God, that the tree was on private
property, and the City was not in a position to repair the damage.
Since that time, the Engineering Division visited the site and determined that the Ficus
tree was on City property. However, the accident that occurred was not the result of
any negligence on the part of the City. Mr. Bressner stated that there were several
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scenarios that could be considered to determine responsibility. He did feel that this was
a difficult situation for the residents since the City could not respond during the
hurricane. Mr. Bressner also thought that some consideration should be given to the
residents for all or part of the damages that they sustained.
When the Commission tabled the item at the last meeting, Mr. Bressner telephoned
both residents and explained to them what happened at the meeting. Mr. Bressner
stated that the residents and the City have come up with a resolution to the situation
involving a public-private partnership. It is Mr. Bressner's opinion that much of the
material that was washed into the finger canal belonged to those residents and is now
on City property. Therefore, staff is proposing to put it back in its rightful place, since
the City has a responsibility to maintain and repair the finger canal.
Mr. Bressner also felt that the fence and irrigation system that were damaged or
destroyed resulted from the City not responding when the water main broke. He was in
favor of the residents receiving some kind of reimbursement for their losses.
Commissioner Ensler concurred with Mr. Bressner's recommendation. He would like to
have a document between the parties that states that the City would be allowed to go
onto the residents' property for the purpose of putting material from a public area onto
their property. He felt that the City should be protected in this instance. Mr. Bressner
stated that the residents would be required to execute a release and there would be a
certain amount of time for the residents to say they were satisfied with the results. Once
this occurs, the City would be absolved of its responsibility.
Mr. Steve Worrall, 1231 Gondola Drive, thanked all the residents that showed up and
the Commissioners for allowing him to speak. He was in favor of Mr. Bressner's
recommendations and would be willing to sign a release. He would like to see the large
hole and the washed out canal repaired. Mr. Worrall noted that the tree fell when the
first squall came through at 10:22 a.m. There were sunny skies and light winds for three
hours before the. next squall hit. He tried several times to get someone from the City to
respond during this period, but was unsuccessful. He had great concerns that the
house located directly behind him might lose part of its foundation.
Mr. Worrall noted that there were three Ficus trees within 100 feet of each other; two in
his yard and one on City property. All three trees were equal in size. The two trees in
his yard were trimmed and canopied, which resulted in their remaining standing, while
the City's tree, that was not maintained, went down.
Mayor Taylor asked Mr. Worrall about the fence and irrigation system. Mr. Worrall
stated that the fence belonged to him. Mr. Worrall felt that when the dirt was dredged
from the canal, this might solve the irrigation problem because he pumps water from
the canal. He does not know to what extent the mechanics of the system have been
damaged. As far as repairing the fence, he thought that this might cost around $300.
Joan Ferraro, 404 Venice Drive, lives directly across the street from the Worralls and
Ms. Veronica Muller. As a result of the break in the water main, the landscaping, which
was extensive in her yard, was destroyed. She had a waterfall and brick light pillars that
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were destroyed. After the storm, the City placed all the debris on her front yard. Ms.
Ferraro stated that last Monday, Kevin Hallahan and Norm Turner informed her that the
City was going to bring her property back to the condition it was in before the storm and
asked what this would entail. Ms. Ferraro inquired if the City was in fact going to help
her restore her property.
Veronica Muller, 1218 Isle Court, stated that the damage was extensive and her
fence is underground and her shed is buried. The irrigation system in the back of her
house is destroyed and she cannot locate the drain that ran off the back of her porch.
She pointed out that the damage was caused as a result of an tree owned by the City
that was not maintained, a finger canal owned by the City and the City's water main
that broke. Their lives have been totally disrupted, and she is unable to walk in her own
backyard. Her dog cannot go outside because the yard is no longer fenced in.
Ms. Muller stated that she would not sign any agreement until the work was completed
and she was given assurances that the land would not cave in. She presented
photographs to the Commission.
Scott Spencer, 305 Venice Drive, has a degree in landscape design and stated that if
the tree had been properly maintained, it would not have been a problem, and if it was
kept at a reasonable height, it would not have reached across the street and destroy
Ms. Ferraro's front yard. He pointed out that Ms. Ferraro had a large brick structure in
front of her house that has been totally destroyed. He felt that a lot of the damage was
the result of not taking proper care of this tree.
Commissioner McCray pointed out that the resident whose front yard was destroyed
was not on this agenda and that the Commission was only addressing the item that
was on the agenda. He felt that this situation could be resolved and acknowledged that
the City did own the tree that caused the damage. Commissioner McCray recalled that
at the previous meeting Attorney Cherof stated that he did not want the City to set a
precedent by paying these residents' claims and that the City should wait to learn if
their insurance companies would be taking care of the claims. He has since been
informed that the residents' insurance companies said that they do not cover damage
to land. Commissioner McCray felt that the City has an obligation to these residents
and he would like the City to sit down with them to resolve the issues.
Commissioner Ensler noted that the item on the agenda indicated damage to 1218 Isle
Court and 1231 Gondola Lane and asked if there were other homes that were
damaged. Mr. Bressner stated that this was the first time that he learned that there
was damage to the residence across the street and that staff visited that homeowner
and made representations on behalf of the City.
Mr. Bressner could not state for certain that improper maintenance of the tree caused
the problem. He does feel that there are some extenuating circumstances regarding the
properties of the two residents being addressed tonight that resulted from the broken
water main. He agreed with Commissioner Ensler regarding Ms. Ferraro that this was
the first time they were hearing this. Staff will look into this further and report back their
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findings to the Commission. He also questioned if there would be more people coming
forward alleging damage as a result of the fallen tree.
Vice Mayor Ferguson felt that these were exceptional circumstances and inquired what
the damage was in terms of costs. Mr. Bressner stated that the City received an
estimate of $51,000 from the contractor to remove the material. Mr. Bressner stated
that the City has a responsibility to remove the debris that ended up in the finger canal.
Mr. Bressner felt it would be beneficial if the fill from the finger canal were placed on
both sides of the bank. He was also of the opinion that once the debris was removed
from the finger canal, it would reveal that there was little damage to the retaining wall.
The $51,000 is a worst-case scenario figure that included replacing the retaining wall.
Mayor Taylor reiterated what Attorney Cherof said at the last meeting that the hurricane
was an act of God and the City has no legal responsibility to make these repairs.
However, he felt that it was the water main that caused the damage and they should
have compassion for these residents. Mayor Taylor was in favor of the City working
with the residents and making the repairs with the exception of the damage to the
landscaping of the resident across the street, which he felt was another issue. Mayor
Taylor would like the City to make all the necessary repairs to make everything whole
again.
Mr. Bressner equated this to mean that the City would repair the damage attributable to
the water main break, to which Mayor Taylor agreed.
Commissioner Ensler was concerned about the legal liability of making repairs to
private property, and he recalled that one resident indicated that she would not be
amenable to signing any kind of agreement.
Mr. Bressner responded that the residents could sign a right-of-entry document with
acceptance of the work when it is concluded. Staff will work this out and he would like
approval from the Commission to move forward with this. Mayor Taylor was not in favor
of doing the work if the resident would not sign any documents until all the work was
done.
Ms. Worrall stated that she made this statement because she wanted assurances that
the repairs were done properly. There were other items that were damaged, for which
she did not put in any claims. Ms. Worrall pointed out that the only other property that
would need to be addressed was Mrs. Ferraro's landscaping and Mayor Taylor pointed
out that the City cannot go out and repair everyone's landscaping.
Commissioner Ensler asked Attorney Ezrol for his opinion of City workers going onto
private property to make repairs. Mr. Ezrol recommended that there be an agreement in
place between the City and the property owners that would set forth the responsibilities
of the City and authorize access to the property. Upon completion of the City's
responsibilities, a release would be effective as of that date. Mr. Bressner also pointed
out that they could request that the contractor doing the work would provide a warranty
for the work done.
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Vice Mayor Ferguson would like the agreement limited to the filling in of the land from
the finger canal, repair of the fence and repair of the sprinkler system. He
recommended limiting the costs for the repair of the fence at $2,000 maximum and for
the sprinkler system at a cost not to exceed some reasonable number.
Motion
Commissioner McCray moved that the City repair the damage to the two properties that
is satisfactory to the two homeowners.
Vice Mayor Ferguson requested that the motion be limited to the three items that he
mentioned. Mr. Bressner recommended allocating a total of $6,500 for these repairs
and the fill in of the backyards would be based on what the actual costs would be.
Commissioner McCray amended his motion to state "with the allocation of funds not to
exceed $6,500 to be used solely for the repair of the irrigation system and the fence
and any additional costs for the fill in."
Mr. Bressner inquired if he is being given the authority to administratively execute the
agreement, subject to the legal documents being prepared. Commissioner McCray
amended his motion to include this authorization.
Vote
Motion seconded by Commissioner McKoy and unanimously carried.
Vice Mayor Ferguson recommended that Ms. Ferraro apply to FEMA for assistance.
Ms. Jamie Worrall, 1231 Gondola Lane thanked the Commission for their assistance.
Ms. Worrall explained that when the City cut up the felled tree, they cut it into large
pieces and piled them up in Ms. Ferraro's yard that caused the damage to her yard.
These pieces of tree remained on her property for over a week. Mayor Taylor
requested that Mr. Bressner follow through on this.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
Attorney Ezrol noted that the conditional use approval for construction of a 600'
addition, as corrected by staff, needed to be voted upon first before the variances. If
approved, each variance needed to be voted on separately.
A. Project:
Agent:
Owner:
Gateway Shell (COUS 03-007)
Beril Kruger of Beril Kruger Planning & Zoning
Suau Enterprises, Incorporated
13
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
Location:
Description:
2360 North Federal Highway
Request for conditional use / major site plan modification
approval for a 681 square foot building addition to an
existing gas station / convenience store on a 0.48-acre
parcel in the C-3 zoning district.
Mayor Taylor pointed out that the approval was for a 600 square foot addition, not 681
as stated.
Motion
Vice Mayor Ferguson moved to approve the request for conditional use/major site plan
modification approval for a 600 square foot building addition to an existing gas
station/convenience store on a 0.48-acre parcel in the C-3 zoning district. Motion
seconded by Commissioner McCray and carried unanimously.
Attorney Ezrol administered the oath to all persons who would be testifying. Attorney
Ezrol requested that the applicant make his presentation.
Beril Kruger, representing Gateway Shell, made a presentation on behalf of the
petitioner. The applicant is requesting two approvals. The first one is a conditional use
to allow the site to be updated and the building redone, together with approval of nine
variances. The applicant is requesting a 600 square foot addition to the rear of the
building that would be used for dry storage only. In order for the conditional use to be
approved, the variances are necessary because the size of the lot does not allow all of
the landscaping and the requirements for a gasoline station in this area.
The gasoline station also serves as a convenience store where neighbors can walk to
purchase items. If there were no gas station/convenience store, people would have to
drive to other stores to make their purchases. The business has been there a long time
and the neighbors like it, but because it is a successful business, the applicant now
needs more room for storage.
One of the variances is for a 10' setback. If they had to meet the required setback, the
addition would have to be much smaller. Staff has recommended approval of all the
variances, except two; the rear setback and the sign. They would like to keep the sign
in its present location so it could remain visible along Federal Highway. If the sign had
to be lowered, the trees from the new development located across the street would
block it.
The applicant is also seeking variances for the landscaping located along Federal
Highway and Las Palmas. It is not possible to put in the required landscaping because
of the driveways. Mr. Kruger pointed out on the site plan that there are two driveways
along Federal Highway and the code requires that the driveways must be 100' from an
intersection, which they cannot meet because of the size of the property. If any of the
driveways were eliminated, there would be no room for the delivery trucks.
14
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
These variances had been previously approved, but since they had to come back again
for approval, there were some new comments made. The landscaping along the west
property line would be in planters because there is not enough room to put grass down.
There will be extensive landscaping along the north and east property lines that will
totally block the addition from the south, north and east.
Mr. Kruger pointed out that the addition to the building would enclose all the
refrigeration and air conditioning units, thereby eliminating noise. They agreed not to
develop the lot to the east and are requesting that the Commission approve all the
variances.
Mike Rumpf, Planning and Zoning Director, pointed out that Mr. Kruger has
summarized the items; however, staff is prepared to go into as much detail as the
Commission would like.
For correction purposes, Mr. Rumpf pointed out the following:
./ The driveway separation must be 120' from the driveway, not 100' as stated by
Mr. Kruger. This is set forth in the conditions of approval.
./ Staff's condition #22 indicates pylon sign, not monument sign, as the existing
sign.
./ Item E.5 shows "inches" and this should be "feet." In condition #14, the following
language should be deleted: "from any interior property line." These words are
located between "feet" and "from."
./ In Item E-1, first paragraph, the words "and to allow an 88' variance for a second
driveway, resulting in a distance of 32' from the intersection of Federal Highway
and Las Palmas Avenue" should be deleted.'"
Staff will correct these errors.
Mr. Rumpf requested to review each variance and present staff's rationale. Mayor
Taylor inquired if it was necessary for each variance to be presented and the
Commissioners did not feel it was.
Commissioner Ensler had a question regarding variance ZNCV 03-017, which is the
variance on the side street. He noted that there was no recommendation to add
planters or pots to help beautify the south border of the property. Commissioner Ensler
inquired if there would be enough room to add landscaping on the south side. Mr.
Rumpf responded that there is room for landscaping and the south buffer would be
enhanced. Commissioner Ensler pointed out that this was not stated in staff's
recommendation and Mr. Rumpf noted that it was indicated on the plan.
Mr. Rumpf pointed out that staff is recommending denial of two variances. One is the
rear setback since there is no hardship evidenced. Staff feels that the addition could be
constructed to meet the setbacks. The second variance recommended for denial is the
sign variance. Staff does not feel that the size of the sign would impact the operation of
the gas station. Further, staff is recommending that the sign be brought into conformity
15
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
with the code. There is sufficient space for this without interfering with the operation of
the business.
Mayor Taylor opened the public hearing.
Lee Wische, 1302 SW 18th Street, Boynton Beach, is Chairman of the Planning and
Development Board, and is very familiar with this project. He pointed out that the
project has been dragging on for over two years and was before his Board several
times. Mr. Wische noted that the applicant has acted in good faith and every time staff
has made recommendations, staff's requests have been accommodated.
Mr. Wische felt that one of the City's purposes is to help the small businessperson. He
respected staff's requests, but cases should be looked at individually. He pointed out
that Krispy Kreme once had a monument sign and they said that the sign could not
seen and requested a taller sign. Mr. Wische noted that several years ago the City tried
to bring all non-conforming signs into conformance and a time limit was set. He noted
that none of these signs have been changed. He felt that asking the applicant to lower
his sign was not justified.
Mr. Wische was in attendance at the CRA meeting when these items were addressed.
He pointed out that only six members were present and he recommended that the eRA
Board should have alternates because many of their votes ended in a "3-3 tie." Mr.
Wische requested that the Commission approve the applicant's requests for the
betterment of the City.
Brian Edwards, 629 NE 29th Avenue, was present to support the applicant. He is in
favor of the project and felt what is being presented tonight is the best of all the projects
previously presented by the applicant. He felt that the owner should have an
opportunity to enhance a successful business, while making the station attractive for
the gateway to the City.
Herb Suss, a resident of the City, felt that the people of District 2 were deserving of the
convenience of this business. Mr. Suss would like small businesspeople to be able to
continue to do business in the City and requested that the Commission approve the
applicant's requests.
Mayor Taylor closed the public hearing.
Commissioner McCray noted that this business served all the residents of the City. He
thanked the applicant for changing his plans and had agreed to remove the car wash
and the tent. Commissioner McCray pointed out that the applicant spoke with the
neighbors and there are no neighbors present opposing this new project.
Commissioner McCray did not think that a monument sign would be visible and that the
applicant should be allowed to keep the current sign. Commissioner McCray thanked
the applicant for his cooperation with the City.
16
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
Commissioner McKoy noted that there is a great deal of traffic at the applicant's
establishment and the owner has worked diligently with staff to meet all of staff's
concerns. He felt it was time to move this project forward.
Commissioner Ensler stated that there are nine variances, five of which were approved
by both staff and the CRA. Staff approved two other variances and the CRA disagreed
with them. These two variances dealt with landscaping. The two variances that staff
and CRA disagreed with were the pylon versus a monument sign and the rear setback
of 10'. Commissioner Ensler feels that the applicant has done the most he could with
the landscaping and was agreeable with those two variances.
Commissioner Ensler pointed out that the business is primarily a local business and
everyone knows where it is. He felt that a 33' sign was too high and was over the
current code. He would like the applicant to remove the current sign and put in a new
monument sign that would blend in with the look that staff is trying to achieve with this
area. Commissioner Ensler requested that the applicant reconsider introducing a
monument sign and remove the pylon sign.
Commissioner Ensler inquired if the lot behind the gasoline station could be combined
to make one lot. Mr. Kruger responded that this was not possible and would only
perpetuate the nonconformity. Mr. Bressner noted that the ordinance states that a non-
conforming use cannot be expanded and joining the lots would serve no purpose.
Mayor Taylor stated that he would never agree to pass an ordinance that would expand
a non-conforming use within the City and Mr. Bressner stated that this would set a bad
precedent.
Commissioner Ensler inquired if the vacant lot to the east of the gasoline station was of
sufficient size that it could be developed. Mr. Rumpf responded that it could be
developed with a variance and would meet the minimum lot requirements of the C-3
zoning district. Mr. Bressner inquired if there was a time period for this to take place
and Mr. Rumpf responded that it runs with the land and there is no time restriction on
the variance.
Commissioner Ensler inquired if a residential use could be built on the lot and Mr.
Rumpf stated that it meets the minimum R-2 regulations.
Commissioner Ensler noted that the rear setback variance failed on a vote of 3-3 by the
CRA and the sign variance was denied 2-4.
Mayor Taylor was pleased that the applicant withdrew his request for a car wash. He
visited the site and noted that there was enough buffer between the gasoline station
and the vacant lot for the addition to be built. The business services the neighborhood
and it is a very busy establishment. Mayor Taylor pointed out that the applicant has
already received a variance for the canopy and gasoline pumps that are 10' closer to
the road. He also would like to have the pylon sign removed and replaced with a
monument sign to encourage the City's efforts in bringing signage up to code.
17
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
E.1. Gateway Shell (ZNCV 03-010 to 03-012) - 2360 North Federal
Highway - Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.d.(1) requiring parking lot driveways
to be located 120' from the intersection of the right-of-way lines
along streets of higher classification to allow a 97' variance,
resulting in a distance of 23', and to allow an 88' variance for a
second driveway, resulting in a distance of 32' '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' variance, resulting in a distance of 20' 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.
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-010. Motion seconded by
Commissioner McCray and unanimously carried.
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-011. Motion seconded by
Commissioner McKoy and unanimously carried.
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-012. Motion seconded by
Commissioner McCray and unanimously carried.
E.2. Gateway Shell (ZNCV 03-013) - 2360 North Federal Highway -
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.e.(3) requiring a 20' rear setback to
allow a 10' variance, resulting in a rear setback of 10 feet for an
addition to an existing gas station
18
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-013. Motion seconded by
Commissioner McKoy and unanimously carried.
E.3. Gateway Shell (ZNCV 03-014 and ZNCV 03-015) - 2360 North
Federal Highway. Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.e. (a) requiring that no canopy shall
be located less than 20' from any property line to allow a 10.5'
variance, resulting in a distance of 9'-6" for an existing canopy for a
gas station business; and
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.e. (b) requiring that no gasoline
pump island shall be located less than 30' from any property line to
allow a 10.2' variance, resulting in a distance of 19.8' for an
existing gasoline pump island for a gas station business
Motion
Commissioner McCray moved to approve ZNCV 03-014. Motion seconded by
Commissioner McKoy and unanimously carried.
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-015. Motion seconded by
Commissioner McCray and unanimously carried.
EA. Gateway Shell (ZNCV 03-016 and ZNCV 03-017) - 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 10'
wide landscape buffer along the street frontage to include one tree
ten (10) to fifteen (15) feet in height with a minimum three-inch
caliper every 40', a continuous hedge 24 inches high, 24 inches
on center at time of planting with flowering groundcover to allow a
variance of 10', 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 10' wide
landscape buffer on all interior property lines to allow a variance of
8'-6", resulting in a 1 '- 6" landscape buffer for an existing gas
station business
19
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
Mayor Taylor pointed out that staff is recommending that planters and pots be placed
along the frontage, if approved.
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-016 with staff recommendations.
Motion seconded by Commissioner McCray and unanimously carried.
Mayor Taylor noted that this item was denied by the CRA.
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-017. Motion seconded by
Commissioner McCray and unanimously carried.
E.5. Gateway Shell (ZNCV 03-023) - 2360 North Federal Highway -
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 21, Signs, Article III. Section 5
requiring that all signs must meet a minimum 10" setback from the
property line to the closest surface of the sign to allow a 5"
variance from the property line, resulting in a 5" setback for an
existing gas station business
Mayor Taylor noted that this was the variance dealing with the sign. The variance was
denied by the CRA and recommended for denial by staff.
Motion
Vice Mayor Ferguson moved to approve ZNCV 03-023. Motion seconded by
Commissioner McCray. Motion carried 3-2 (Mayor Taylor and Commissioner Ensler
dissenting).
IX. CITY MANAGER'S REPORT:
None
x. FUTURE AGENDA ITEMS:
A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
B. Proposed Lease Agreement with Boynton Woman's Club (TBA)
C. Management of Colors along Congress Avenue, Federal Highway,
Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04
based on review by Planning & Development Board and eRA)
D. City Commission District Boundary Review - December 7,2004
20
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
E. Review of Possible Changes to Compensation for the City Commission
(November 16, 2004)
F. Selection of Vice Mayor per Section 2-1.2 of City Code (November 16,
2004 )
G. Review of Amendments/Renewal to Towing Contract (no date)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1 . Proposed Ordinance No. 04-064 Re: Abandoning
a portion of an unimproved 50-foot wide road right-of-way for NW
atli Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills
Subdivision (NW 8th Avenue) (Tabled to 10/19/04 to allow for
conditions of approval to be met)
Motion
Commissioner McCray moved to remove Ordinance No. 04-064 from the table. Motion
seconded by Commissioner McKoy and unanimously carried.
Attorney Ezrol read Proposed Ordinance No. 04-064 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-064. Motion
seconded by Commissioner McCray City Clerk Prainito called the roll and the motion
carried 5-0.
2. Proposed Ordinance No. 04-076 Re: Abandoning
a portion of the Northeast 3rd Avenue right-of-way extending
westward from NE 3rd Street to the west boundary of the Arden
Park Plat (Janis Group) (Table to October 19, 2004 to allow
conditions of approval to be met)
21
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
Motion
Commissioner McCray moved to remove Proposed Ordinance No. 04-076 from the
table. Motion seconded by Vice Mayor Ferguson and unanimously carried.
Attorney Ezrol read Proposed Ordinance No. 04-076 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commission McCray moved to approve Proposed Ordinance No. 04-076. Motion
seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion
carried 5-0.
3 Proposed Ordinance No. 04-079 Re: Request to
amend Chapter 2, Zoning, Section 6.C with the addition of
supplemental regulations to include automobile rental as a
conditional use on sites zoned C-3 and greater than 75 acres (Car
Rental (CDRV 04-006)
Attorney Ezrol read Proposed Ordinance No. 04-079 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-079. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
4. Proposed Ordinance No. 04-080 Re: Request for
annexation of 9.99 acres of partially developed parcels located in
unincorporated Palm Beach County (Gulfstream Gardens (AN EX
04-003) (Request to Postpone until November 3, 2004)
5. Proposed Ordinance No. 04-081 Re: Request to
amend the Comprehensive Plan Future Land Use map from
Commercial High/5 (Palm Beach County), General Commercial
and Local Retail Commercial (Boynton Beach) to Special High
Density Residential (Gulfstream Gardens (LUAR 04-004)
(Request to Postpone until November 3, 2004)
6. Proposed Ordinance No. 04-082 Re: Request to
rezone from Commercial General (CG) (Palm Beach County), C-4
22
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
General Commercial and C-3 Community Commercial (Boynton
Beach) to Planned Unit Development (PUD) (Gulfstream Gardens
(LUAR 04-004) (Request to Postpone until November 3, 2004)
Motion
Commissioner McCray moved to postpone Items XII. 4, XII. 5, and X.6 until the
November 3, 2004 meeting. Motion seconded by Vice Mayor Ferguson and
unanimously carried.
7. Proposed Ordinance No. 04-83 Re: Request to amend
the Future Land Use designation from Low Density Residential
(LDR) to Local Retail Commercial (LRC) Boynton Mango (LUAR
04-011 )
Attorney Ezrol read Proposed Ordinance No. 04-083 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-083. Motion
seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion
carried 5-0.
8. Proposed Ordinance No. 04-084 Re: Request to
rezone from R-1-A Single-Family Residential to C-2 Neighborhood
Commercial Boynton Mango (LUAR 04-011)
Attorney Ezrol read Proposed Ordinance No. 04-084 by title only. Attorney Ezrol
pointed out that the Ordinance has been amended since the first reading at staff's
request. Section 3 of the Ordinance contains new paragraphs 1 and 2 that have been
underlined.
Mayor Taylor opened the public hearing.
Jim Knight, 740 Havana Drive, Boca Raton, asked what the amendment involved.
Mayor Taylor read the changes in the Ordinance. Mr. Knight agreed with the changes
to the Ordinance.
Motion
Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-084. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
23
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
9. Proposed Ordinance No. 04-085 Re: Annexation
of 0.72-acre partially developed lot located in unincorporated Palm
Beach County (Edward Medical Office Building (ANEX 04-004)
Attorney Ezrol read proposed Ordinance No. 04-085 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-085. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
10. Proposed Ordinance No. 04-086 Re: Amending
the Comprehensive Plan Future Land Use Map for Commercial
High Intensity (CH-5) (Palm Beach County) to Local Retail
Commercial (LRC) (Edward Medical Office (LUAR 04-008)
Attorney Ezrol read proposed Ordinance No. 04-086 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-086. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
11. Proposed Ordinance No. 04-087 Re: Rezoning
from General Commercial (CG) (Palm Beach County) to
Community Commercial (C-3) (Edward Medical Office (LUAR
04-008)
Attorney Ezrol read proposed Ordinance No. 04-087 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-087. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
24
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
12. Proposed Ordinance No. 04-088 Re: Abandoning
of a 40-foot wide unimproved right-of-way (Northeast 2nd Street)
(306 Boynton Beach Boulevard, L.C.) (ABAN 04-005)
Attorney Ezrol read proposed Ordinance No. 04-088 by title only.
Mayor Taylor opened the public hearing.
Jim Knight, 740 Havana Drive, Boca Raton, noted that there was a question whether
there was a Bell South utility in the ground. He was in receipt of a letter sent to the City
dated October 8, 2004 that states Bell South has no objection to the abandonment
since their cable does not cross or occupy the property. Therefore, an easement would
not be required. Mr. Knight requested that they be released of this requirement in light
of the letter from Bell South. A copy of the letter is on file in the City Clerk's Office.
Since no one else wished to speak, Mayor Taylor closed the public hearing.
Motion
Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-088. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
B. Ordinances - 1 st Reading
1 . Proposed Ordinance No. 04-089 Re: Amending
Section 14-5 of the Code of Ordinances to enforce restricted
parking on rights-of-way under the jurisdiction of the Florida
Department of Transportation (FDOT)
Attorney Ezrol read proposed Ordinance No. 04-089 by title only.
Motion
Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-089. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
C. Resolutions:
None
D. Other:
1 . Authorization to exercise the terms of the Option Agreement in
purchasing property currently owned by Benjie Sperling, located on
NW 22nd Avenue
25
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
October 19, 2004
Motion
Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner McCray
and unanimously carried.
XIII.
UNFINISHED BUSINESS:
A.
Requested by Residents for Resolution of Support - Affirmation of
Public Access Lake Drive in Lakeside Gardens Subdivision
Mayor Taylor noted that the Commission denied abandoning the two accesses to the
Intracoastal and the residents have a requested a Resolution in support of this.
Attorney Ezrol noted that there was a Resolution in the agenda for approval. Attorney
Ezrol read Resolution No. R04-183 by title only.
Motion
Commissioner McCray moved to approve Resolution No. 04-183. Motion seconded by
Commissioner McKoy and unanimously carried.
XIV. ADJOURNMENT:
There being no further business, the meeting properly adjourned at 8:50 p.m.
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ATTEST:
(10/21/04)
26
October 13,2004
70 SE FOURTH AVENUE
DELRAY BEACH, FL 33483
561/243-2160
Fax: 561/243-2161
www.faison.com
The Honorable Jerry Taylor
Mayor
City of Boynton Beach
100 E. Boynton Beach Boulevard
PO Box 310
Boynton Beach, FL 33425-0310
Dear Mr. Mayor:
I have just concluded two days of meetings with Kurt Bressner, Doug Hutchinson, Mike
Rumpf, Jeff Livergood, and Dick Hudson regarding our proposed project, the Arches.
During these meetings we went through the proposed project in detail, we identified the
issues and conflicts with the Code; we worked through modifications and solutions to
each of those issues; and left the meetings with an understanding and support for the
project. We accomplished in two days what would have taken weeks had you not
volunteered to set this up. Thank you.
In my more than 20 years of doing this, I have had the opportunity to work with many
municipalities. Never have I been engaged with a City Staff so enthusiastic about their
vision for their City and so dedicated to pro actively making it happen. Like most cities,
they did not waiver from their enforcement of their Code, but what was different about
this group is that they worked with us to help us craft a plan that would work, rather than
waiting for us to suggest something and then giving us their interpretation as to whether it
would be acceptable. This "can do" attitude, combined with their professionalism and
expertise makes them stand above all others.
You have an excellent team whose performance is enhanced by great leadership in Kurt
Bressner. You also have at least one more person who now believes in the vision for
Downtown Boynton. It is hard not to get swept up in their enthusiasm.
Thank you again for setting our meetings up, and congratulations on such a fine team.
Sincerely yours,
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Sr. Managing Director
C C '. I~ &u--:K2--ne-<-.
November, 11, 2004
Office: (561 )732-2377
Fox: (561) 732-3270
One O'clock P.M.
Veterans Day
Celebration
Reftleftlbe:ring ou:r He:roes
Hono:ring ou:r Soldie:rs
Suppo:rting Fanailies
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10/11/2004
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ENGR-SUPPORT ~ 15512798597
NO. 488 0001
@ 8ELLSOUTH
BelISouth Telecommunications, Inc.
Engineering Department
2021 So. Military Trail
Room 107
west Palm Beach. Fl33415
Office: 581-439-9110
Fax: 511..t14-3499
Via Fax & u.s. Mail
October 8. 2004
Mr. James W. Kl1ight
Knight Group
10 S.E. 1Sl Avenue. Second Floor
Defray Beach. Florida 33444
Re: Abandonment of a portion of NW r' StF88t, Boynton Beach, Florida
Dear Mr. Knight:
BeIlSouth has reviewed the above-mentioned abandonment and has no '
objection to the request.
As mentioned in the Boynton Beach, Florida Development Department Planning
& Zoning Division, Memorandum No. 04-217, BeIlSouth had a concem that there
was a teleoommunication cable in the subject property. Further investigation
indicates that the cable does not cross or occupy the area being addressed.
Therefore an easement to maintain the BellSouth facility will not be required.
Please contact Robert Lowen if you require any additional information concerning
this matter.
Sincerely.
\If)
k/J3arbara Ball
IJ Director-OSPElOSPC
Cc: R. Lowen
Steve Buck
Attachment
10/11/2004 14:20
,
ENGR-SUPPORT -t 15612798697
NlJ.488 ~02
j/1"_0 uO:",)
JO.I"'''O''':J~
r-.............,U'I\)'
i_"c:.. ut.
DEV!LOPMENT DE'AkTMENT
PLANNING AND ZONJNG DMSlON
MIMOIIANDUM.. PI 04-217
TO: Chair and Members
Communitv RedeVelopment Agency
TltRU: Michael W. Rumpf
Pllnning and Zoning Director
PROM: Eric Lee Johnson, AlCP
Planner
DATI: September 1, 2004
sumler: Abilndonment of . portion of Northeut r' Street
ABAN (M-005
NAftlRE Of .AMIDT
1M applicants, Roger 8. DeCapitD and limes W. Knight are requesting to abIndon a partJon of the ~ 2!"
SIred right.-...,. Thil4CHaot wtcfe unirnpnMd rilJht-Gf war Is situated taetw.n LDt 7, IIac:k 3 and Lot 3, 8Iock
3 afthe BavntDn Plat. lbe IbIndonment request was IUbm1ttlld on May 19, 2004. 1l\e platted rOiIdW8y segment
Is described IS fallows:
A portion of that artIin tOld rfght fA WWf lying in BIodt 3, of the Plat of BOYNTON 1$ t"8COI1Sed in Plat Book 1,
Plige 23, of the Pubflc records of Palm 8Hch County, FIDrfdI, SlIcf 110M ofWll'f being 140 raotstrfp or rand lying
adjIcznt tv end lbut1fng LotI 3 end 7, Black 3 of said PlIIt ofBoyntDn and being more pafticuIarty described as
follows:
BEGlNN[NG It the SOUthwest Comer of Lot 3, Brock 3, P1lt of BOYNTON as rec:ordId in PlIt BacIk 1, Page 23,
of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley
said Un. also being the Westerly extension of the South fine of said Lot 3, 8Iock 3, to the Southeast comer or
lot 7, Block 3, of said Plat of BOYNTON; thera NortheMy along the e.t line of Lot 7, Block 3, to the $oUtJ'l
RIght cfway of Boyntan Beech 8OuIeVInf; thence Easterty ~ the South rtght ~.., IinI rI SlId Boynton
BeIdt BouIevIrd tD the Wilt LIne of Slid Lot 3, Block 3; thence SOUttMI1V IIong the West nne of LOt 3, Block
3, to the POINT OF IEGlNNING.
ContIInhlg 5,059 sqwre feet men: ar less and JUb,JetttD easements, ......1Idons, NItrfdiOns _ rtghtHf-
W8'f tI f'IClDI'd.
The Exhibit w'.' - LocItfOn Map shows the generlf vicinity (# the right-of-way to be abandoned. The Exhiblt-B".
.~ Abtndonmn-1hawI the eact IaaItJon of the subja't.. and Its IegII descrtptiOn. Tlte foIowfng Is.
description of the land uses and zoning disIrids of III prapertIeI that sumMJnd the subjett r1ght-of"WfIY.
,... -
Rlght-of-w-v for ~ tMch IouIevImI, then farth.- north is deVeloped c:ommertllll
(DJ's RestIurant), lOnICI NeIghborhood CGmmertlll (C-2):
rtight-uf-MV fur I 2O-foat wide aNeV, then farltter south is tnmproved rfght-of.wly for
HarthH&t 2'" Street;
!IOUtII .
'.,'.1/':
10/11/2004
14:20
ENGR-SUPPORT ~ 15612'798697
NO..:l88 ~03
f!jj~ ~~:J~ ~Cl/~~b~Jj
,'-6.4I...."..v
l
nndlI'" No. "1 CMoo217
J~
East - Developed commercial (vacant building), zoned Neighborhood Commerdal (C-2); and
W.. - Developed commercial (The Haven), loned Neighborhood Commercial (C-2).
UCKGaOUND
The subject rfght-of-way (formally known as Dewey Place) Res within the boundaries Of the Boynton Plat. The plat,
origlnallV approwcf on Septembtr 26, 1898, inCluded 162 individual lOb, I lOG-foot wide right-of.way owned by
the Florida East Cast (F.E.C.) Raflroad, and sevnl2o-foot Wide and 4O-fuot wide alleys and streets, whld1 were
dedicated for pe1l*Ual use by' the pubfic. The plat also r.ontBJns . revert8' dause, whidt Jtates "raeNing to
ourselVes our heirs assigns the reversion or reversions there of, whenever discontinued by Jaw". As such. this
..... 18 In tiwor of lie ortgIneI intenIst perty if any right-of-way" abelldDMd. PurlU8nt to Florida St8tutes
Sectfons 117.085. nwerslans contained in pit.. NCOrded prior to July 1. 1A72 WOUld be extinguiIfted if speciflc
8CtIan were not taIatn tD establish auch righ15 on or before July 1, 1973. Under di~ft of the city's legel
department. the applicant thai provide . statwnent contrmq th8t 8Uch actiOn was not !Men, and prvYIding
asurance 1hat. In 1M event ... future tile iSSue arteea fIvm the llbandonment. as K rvIlMB to the nMnion8I'Y
Interest, the property owner shan provide any required defense of it at its sole cost and expense. The applicant
informed staff thlt it IS their intention to undon the urimprowd rfght-d-wav In order to develop IddltionJl
parting for their now YICInt building Ioc:ated It 306 East Boynton BelCh Boulevard.
AII&I YIlnI
When Il1ght-af-\WV, SUCh IS this unfmpnMd street, is ablndoned, the abandoned IInd Is tnlh;t'eh" frum the
Q.neraI pubflc to the _butting prvperty owner(s). Typtcally, two (2) propertta WDUfd be IIffected by an
IbIndonment ~ NarmaDv, one-hilt t# the right-of-way is mrweyed to one (1) lbutting propeItV owner and
the other hIf is conveyed to the other abutting prope.t1owner. Adequate public noticI was giYwn to '" atfected
property owners In BCaJnIInce with ChIpter Zl, ArtJde m, SIdIon 4 of the lind Development RegufItIanL All
public ~ COIIIDlnIel hne been natIfted Ind the IbIndonment rtQuest his been adYdIId in the lOCal
newspaper. The applicants requesting !his abandonment are the owners of the properly tD the eIIt (Lot 7, Block 3
Boynton). Public reaJlds Indicate that Hudson Valley HoIdrngs own the property to the west (Lot 3, Block 3
Boynton). A summary of the responses from the utility companieS and oty stiff Is noted .. follows:
CITY DEPARTMENTSIDMSIONS
EngIMering
Public Worb I UtIlitIes
Pflnning II1Cf Zoning
PUBUC llnlITY COMPANIES
No 0bjectJan
ApprDvaI with conditions eRe exhibit -c- - Conditions d
Approval)
AppravII WIth conditions (see &tibit "C" - COndttionI fA AppraYat)
FIortcIa Pvwer and LIght
BeIIsDuttI
FIarIda PubIc: UtIIIIIes CamPIftV
OIb1e COmpany (AdelpIU)
Cable Company (Comcast)
No objec:tIon
ApprMI with canditfons (see ExhIbIt ~ - CondItfans or
ApprovII)
No objec:tIon
No objK1lon
Nil.
All ~ U!JIItV ptOVlders ,.. been notified and II Ire recumrMndlng ~ of the abIIndanment request:.
flftIIIIIreiiet, It must be noted INt 8eIIsauIh ....... ht undergtour1d ~1ft"",fClltion ....,...tu.. Js praent
,f..
~'
HV1V2004
14:20
ENGR-5IJPPORT ~ 15512798697
NO.488 0004
Il.~"'l:l t;).a:.l,
:lbll"LOLJ"
I '-..........I~
andIIm No. Pl (U.Z17
Q4..GOIJ
,,"u..n the unimproved roadway. Therefore, Bellsouth is requiring that. utility enement be dedicated over the
abandoned portion or the right-of-way. Dedication of a utility easement would gntnt Belfsouth legal ilCCe5S to the
property for maintenance or upgrade purposes, while still allowing the applieant to develop a portion of the
property as a Plrking lot The Cil'( PubJic Works I Utilities Department, whith Is also rKOmmending approval,
would oversee the ..-ment dedtCltfon process. lntly, the Community Redevelopment Agency his no Objedion
to the applltanrs request bealuse the right..gf-way Is not In any of the Agenc:y's plans for r1ghHf.WIV linkage or
connections. Actording to the ftogencY, the abandonment would help facilitate future land utembtlge for
redevelopment purposes. There are alSO no Isolated parcels adjacent to the subject right-of-way that would rely
solely upon ttlis street for Kc:ess.
.COMMENDATION
Staff his dSermined tMt the subject IIIey does not serve I public: IUPC)Se, and 1herefore is r<<Dt'MM!f1dfng
approval of the nKluest to abandon tNs portion of the 4O-foOt unimproved roadwIIv as described abO\Ie, subjKt to
the comments induded In echlbft "'C' . CGndItfons of Approval. Any addtaonll candItfons recommended by the
community M*~ent Agenty 80Ird or by the CDmmisllOn wIf be placed in !xhfbft"C' . Cond1lfons Of
Approval.
8~WP\P~"'.A8M~~doc
DEVEL.OPMEI' 1RDER OF THE CITY COMMISS: I OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
Pit
Building
EngIneering
Occ. Llc.n"
Oeputy City Clerk
PROJECT NAME: Marina Townhomes
-----.-
APPLICANT'S AGENT: Bonnie Miskel of Ruden McClosky
APPLICANT'S ADDRESS: 200 East Broward Blvd., Ft. Lauderdale, FI33301
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19,2004
TYPE OF RELIEF SOUGHT: Site Plan Time Extension
LOCATION OF PROPERTY: 743 NE 1st Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MAUER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City" Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
..,-/ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The App~t's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
IO-~a-o'"
City Clerk
J:\SHRDA T A \Planning\SHARED\WP\FORMS\B anks forms folder\Develop. Order Form-2
Revised .doc
EXHIBIT "e"
Conditions of Approval
Project name:
File number:
Reference:
Marina Townhomes
SPTE 04-007
AImlication received July 6. 2004
I DEP ARTMENTS I INCLUDE I REJECT I
I Comments: None PUBLIC WORKS I I I
X
I Comments: None UTILITIES I I I
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: X
1. All previous Conditions of Approval from CaDS 03-003 are still in force.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
Comments:
2. To be determined. -
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
3. To be determined. ~
S: IPlanninglShared\ WpIProjectslSunbelt Hydrau6cslSPTE 04-008\COAdoc
Location Map
Marina
EXHIBIT "A"
~._----------._-_._-- ---- - ------~---------- ------ ------------------ ---- ---~--------- ------- --------------~-~--------~---
1lJinH r~-~~.(~q!b~ 'fr-~ ~~ I(.';;:l..:i/
~-l,~=Ptc _q~l~~ :L1~-r~-1-c=~j~; "M
~T . ~ ~_~ 7~~~] =1 CBI~J~~3~~11/-'<_~
- - I "~,lli17' [I~J ;';'!Ddl I u_
=-~{; F:.~ -, n ON.", Ave }i~'<: I [[IT
~ -Tl '~TI 0,. i" h ~.~ ,tIc,s 1""::~.Z'.:f:.''''.:: :'.' '.)..':..e:.;. ..ww..'.;....,...."......:.'....~.,rrTTT1I-=r=r~
IJJ 10: ~ 'I I I F ~,<~',c'LLLLLLLl1_
~ R~G lrT~lnH~I~: ~~ J~l~E~ 1 t'}I&11E9
18IIIIB n - ,;.. L..~ J__ '-. __~
II I I II R I ,~ " ,I , I lv. i I r r 1 r )
1 I DdJTIIm C.3 W ~_ R3 J ..' ~. ..lnT IlflIJ rnillIT
I LtSJ!M]~. I.. ...1 ,J ;:;"H'}'o, 'c' :,32T.
i I i- ~ ~ f-- ~t ;:' ...... ~.
T F_f~':~ ......"0" IT
'l~ ~ / \:,,:,{', ,,;.',;' ,
I 1,- ".1 ___
1 ~ I I II turn m -, I U '. "1[[
o I I l:iID./I II ~j / 'i';1C1n
400
I
o
400
800
1200 Feet
1
s
')
EXHIBIT "n"
700 fAS T BRO~V;\RD BOULEVARD
fORT lAUDERDALE, !LORIDA 33301
~ Ruden
~'I McClosky
POST OffiCI BOX 1900
FOR-r L-\lJDfRDAlf. fLORJDAJ3JOl
(954) 527-2476
FAX: (954) 333-407&
BONNIE .MJSI<H@RUDfN.COM
July 2, 2004
------ --,
\\rf.-.:~.\-\. ....JL@_-. ~j~J?'l..\~~~\. \ :\!
.~ L;. I I 'j
\: :\\: .ll. -.. \\~
\ ~J' , 1
\L 1- Plr.WO!G AND '
_ ZCWT H?1
Michael Rumpf~ AICP
Planning & Z6ning Director
100 E. Broward Boulevard
Boynton Beach, FL 33401
RE: Marina Townbomes - Request for One Year Time Extension
Dear Mike:
On behalf of The Related Group Boynton Beach, Ltd ("Related"), we respectfully request
a one-year time extension on the Marina Townhomes site plan.
As you know, Related has been busy preparing construction drawings for the residential
towers and the parking garage. Tbeseplans have been submitted to the City for review and
issuance of building permits. This has been the focus of effort for thepasl year, and Related is
now able to direct its attention to the Marina Tm.i,rnhomes, which are a minor part of the overall
project.
Due to the complexity of the project, we are confident that the City willlmderstand the
delay in obtaining building pennits for the Marina Townbomes.We respectfully request a one-
year time extension, until July 15, 2()05, to secure a building permit for tins part of the project.
Thlsextension is stin in keeping with the project's buildout date of Decefubef, 2005. .
Thank you for your consideration oftIlls matter.
Sincerely,
~
Bmmie L. Miskel
BLMlkkg
WPB:180912:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A.
CARACAS. Fl.LAUOEROAIE . MIAMI. NArlES . ORLANOO-roRl ST. LUCIE . SARASOTA. ST. rETERSBUI!G. TAlLAHASSEE. l.-\hlrA . WISl rAlM BEAClI
,,___~__~__<._ .__~_,_~, _,.--J.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sunbelt Hydraulics
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT: Joseph Houston, Kerns Construction, Inc.
APPLICANT'S ADDRESS: 2720 Windsor Avenue, West Palm Beach, FL 33407
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004
TYPE OF RELIEF SOUGHT: Site Plan Time Extension
LOCATION OF PROPERTY: Lot 9 West Industrial Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Applicapt
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
........-GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: ID-<!JfJ-o,/-
J:\SHRDA T A\Planning\SHARED\WP\FORMS\
Revised. doc
Location Map
Sunbelt Hydraulics
EXHIBIT "A"
I fij I I r-b, D I ' 'I /1/ / I' _:-/ i ! I RII'
I W J I I I
tjUYIN I L N L,;,-.. ..... ~....,.----r- --- -----/- ---- --------.
! II II R~<t ,f:Y/=: '/// I -,~JJJUillDI
- ,-1 i I: "'/ 1/'; I III I Irmrrnrmrr
j-- 0 _ ~ J ~ ~ I:) i 4;1 ;/' i III L~^\ ~h1rt AJ,,""CIIIJIllIIlI[
\j _ r--_-I. l:r:(
=F=e--- =1t:==1 1/ ifl ~I~
I -~ ~~ =J~/ ! ~ OIIIDJJJJJIIIIJ lilllillI
~ = i~ e- ~ .' ,1. '~ !~ " 1';1 I ~t-h~} 10lrW AU~ \ \ IJ DIIII
I--r ~ I] ~-~ i I
, (1 I:>' ~ i'f '!SITEt I I =:>,!l I
I r '~ ~ I I DIITIB:1:BIIJ ~
-1 ~-r bkr.~ .'A j I
~ "f" ';13 IVI I I \ DIIIIIDJJ1J1f
fit I-- I b .:;::- I'
~ II; - - L I J \ ..itA b.,.,I, AlIt: II if I I
f) ,J _\ c- - ~_ I =-~ _,n CR) Bour ary ~~= [[]]llOIII
~/= -; ~'I-- I 1\ =~~ n-m
~' 'n~'~r . I I - I \ PU ~!=1= LL-LLlOTIIJ
j--IIII- =. /'\ I-~I-
5~~'~/r--~:;1 \ == HaITI
~Y- =\\~r-~Ir I r-.' '_ I = qq \ITII
e
400
o
400
800
1200
1600 Feet
N
w-<?-'
s
KERNS
CONSTRUCTION, INC.
f- . .----~ ---."--. "'__
! ,.....". - . -
" 1 III .;.
II D' ". I"~ ,
. r I! ,.-...----~_. ___ .
II n~l;
[i Uu 1 J. Ul... ' 2 2004
L-...
, '
---_...~..._~.._-_.
EXHIBIT HBH
July 7,2004
L, :
if 1'/
i! C'
i u!, i JUL. lOO4
Ii. '. -/ ,
r L____ i!
Ir'.e". '. -----1 !
L::.'~r^:iL'.~[NT OF [.EVELO ' I
---..--_ P,,1r:~Jl i
---.---'
"
City of Boynton Beach
Office of Planning and Zoning
Attn: Ed Breese
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Sunbelt Hydraulics
The"sltE! plan. approval Jorlheabove r~f~renced,proje.ct is, scheduled to expire on
Ao'9\1sf'6;;~2004. The plans for this project are currently being reviewed for
is~Uan6eco( cfb(f'itding permit
The project was delayed because a major customer of our client opted to re-bid
contracts with all his suppliers and the loss of this customer would have made it
impnssible to go forward with the project When this uncertainty was resolved
al)d the decision was made to go forward, metal building costs had undergone
t6e staggering increases imposed at the beginning of the year. Because of this,
if was opted to re-engineer the building for construction using tilt-up techniques.
Because of designer backlogs, plans were not finalized until mid-June and were
then submitted for review. The review process had been put on an overtime
basis.
Should the permit not issue before the August 6 expiration date, a one-year
extension of the site plan approval is requested.
Enclosed, please find a check in the amount of $400.00 to cover the applicable
fee.
I, :1.
."., ('. '
~~eiYt~:y,o~rs&,.. _"~'~' .
.' .....~ :d" .' .'.'. "
~'. '. .... - ."
~ ' .
:-=- osep~_'F:~'llouSton: ".
President . '. ' . . ' . . . .
As Agent for Sunbelt Hydraulics (C&C Realty Investments)
.;
. -. .: --; - .~ - -\ . -;.
. .." ; :~ . ~ .. ; i ". {
. :::'~ j~: ::Jt.-:-- -.
4/~
r? a
~{f"
P.O. BOX 8146 S .
2720 WINDSOR AVENUE · WEST PALM BEACH, FLORIDA 33407
561-835-0963 · FAX 561-835-9485
Project name:
File number:
Sunbelt Hydraulics
SPTE 04-008
EXHIBIT "e"
Conditions of Approval
Reference: Aoolicati 'ved Julv 12 2004
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
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
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: X
1. Provide an approvalletter from Palm Beach County Traffic Division for traffic
concurrency, which extends the build-out date beyond 2004.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
Comments:
2. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
3. To be determined. YLl'rY\ D
""" -
S:\PIamingISIlared\Wp\Pro)OClslSunbelt HydraulicslSPTE 04-008\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Gateway Shell (fka Gateway Texaco)
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT: Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultants ------ :. ~
APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 19, 2004
TYPE OF RELIEF SOUGHT: Variances ZNCV 03-010, ZNCV 03-011, and ZNCV 03-012
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the
intersection of the right-of-way lines along streets of higher classification to allow a 97 -foot variance,
resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a
distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing
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; and
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.d.(4) requiring that driveways will be limited to one (2) per street
frontage to allow two (2) driveways along the street frontage for an existing gasoline dispensing
establishment.
LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The AppliC9flt
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
DATED:
4.
The Applic~t's application for relief is hereby
L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-010 to 03_012C~~~~ii
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5.
This Order shall take effect immediately upon issuance by the City Clerk.
7.
Other
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BOYTON BEACH. F1.ORIOA ~
Landscape Plan
-:XH I BIT II 1 II
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EXHIBIT "C"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. II Supplemental ReQulations
L.3.d.(1), (3), (4), Drivewavs
...
(1) No driveway shall be located less than One Hundred Ten (110')
feet from the intersecting right-of-way lines of public streets.
(3) Driveways shall be located less than thirty (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 IF
of frontage along N. Federal Highway and 123 IF 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
1 0.5 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
EXHI BIT "c"
L. 3. 1. (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.
~ ~~i1 cr. C'~I /L/ ,t!!2 ;..flU d~/2-
BOY~~' Bf~Cd€%fo;d1hances ~ / ,- 0 ~
Part III Land Development Regulations t:fr /--- 9"/ /1' / ~/
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 (f.k.a. Gateway Texaco)
File number: ZNCV 03-010, ZNCV 03-011, and ZNCV 03-012
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
I 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 Shell tka Texaco\New ShellWariances (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
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Gateway Shell (fka Gateway Texaco)
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT:
Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultants
APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 19, 2004
TYPE OF RELIEF SOUGHT: Building Setback - ZNCV 03-013: Relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.d.(3) requiring a twenty (20) foot rear
setback to allow a 10-foot variance, resulting in a rear setback of 10 feet
for a building addition to an existing gasoline dispensing establishment.
LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
............-- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance wi
and conditions of this order.
7. Other
ity Clerk
w ShellWariances (revised 2004)\03-013 Buildi
DATED: IO-CJ./J-o
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka T
013.doc
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2380 NORlH FEDERAL HIGHWAY
BOYTON BEAai. FLORIOA 33435
Landscape Plan
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ADOIl1ON AND ALTERAl10NS 10:
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.-
EXHIBIT ~C"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. /I Supplemental ReQulations
L3.d. (1), (3), (4), Driveways
..
(1) No driveway shall be located less than One Hundred Ten (110'1
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 1 0' 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.
L3.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 3D caliper
every 30', a continuous hedge 240 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.
LA.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 cr. c I~I #L" I~ ;.Jtd d~/2-
Boy~t=t Bf~~~f&d1hances ~ / ,- ~ W
Part III Land Development Regulations ~ /-- 9'/ /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
.~
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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/ENVIRONMENTALIST
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
of the project.
INCLUDE
REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Comments:
2. None
x
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
3. To be determined.
~
S:\Planning\SHARED\\VP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-013 Building Setback\COA Building setback
ZNCV 03-013.doc
,.
Development
P&Z
Building
Engineering
Occ. license
Deputy City Clerk
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Gateway Shell (fka Gateway Texaco)
APPLICANT'S AGENT: Mr. Beril Kruger / Beril Kruger Planning & Zoning Consultants
APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444
------.-
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 19, 2004
TYPE OF RELIEF SOUGHT: Canopy and gasoline pump islands ZNCV 03-014 and ZNCV 03-015
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than twenty (20)
feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an
existing canopy for a gasoline dispensing establishment; and
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than
thirty (30) feet from any property line to allow a 1 0.2-foot variance, resulting in a distance of 19.8 feet
for an existing gasoline pump island for a gasoline dispensing establishment.
LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
Page 2
Gateway Shell
ZNCV 03-014 and 03-015
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
7.
DATED:
10-
2004)\03-014 to
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texac
Gasoline\DO 03-014 and 03-015.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
.0
(1) No driveway shall be located less than One Hundred Ten (110')
feet from the intersecting right-of-way lines of public streets.
(3) Driveways shall be located less than thirty (3D) feet from any interior
property line.
(4) Driveways will be limited to one per street frontage.
(1 ) Request a variance from this section of the code as the site has only 140 LF
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Therefore it would be impossible for any driveways to be 110' to meet this
current code.
(3) Due to the fact that this is an existing Gas Station and is only being upgraded
for looks, the driveways must stay in their current locations because the
traffic patterns i have already been set and cannot be changed. Gasoline
Tankers must be able to enter and leave the premises from the existing
driveways.
(4) Due to the Gasoline Tankers entering and leaving and the location of the fillers
for the tanks, these driveways must remain in their current locations.
L. 3.e. (3), Rear Setbacks
Rear Setbacks are required to be 20' and we are proposing only a 10' rear
setback.
L.3.e.(a}. No Canopy shall be located less than 20' from the
property line
The Canopy is 9.5 feet from the front (west) property line. We are requesting a
10.5 foot variance to allow a 9.5 foot front setback for the existing canopy.
L.3.e. (b). No gasoline pump island shall be located less than 30' from any
property line.
The existing gasoline pump island is 19.8 feet from the front (west) property line.
The 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 "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.
~-t/~i1 ~.b,~"iJLJ"t!i2 ;Jtdd~/2-
BOy~g Bfg~Rif&d1hances ~ / ,. ~ W
Part III Land Development Regulations ~ /-- 4Y/ /7' / 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
'~
'oA\.
,_____,,~,,_'r...._..____._ ,~~.~""~_'_<_~_...~,-.....----
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Shell (fka Gateway Texaco)
File number: Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015
Reference:
DEPARTMENTS INCLUDE REJ t.L 1
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. '1tJ:n\.Q--
S:\PJanning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShelJ\Variances (revised 2004)\03-014 to 03-0J 5 Canopy & Gasoline\COA Canopy
and gasoline pump islands setback ZNCV 03-014 and 03-015.doc
APPLICANT'S AGENT:
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Gateway Shell (fka Gateway Texaco)
Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultan
f.. Development.
I, P & Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 19, 2004
TYPE OF RELIEF SOUGHT: Landscape buffers ZNCV 03-016 and ZNCV 03-017
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.f.(1) requiring a ten (10) foot wide landscape buffer along the street
frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch
caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches
on center at time of planting with flowering ground cover to allow a variance of 10 feet, resulting in a
zero (0) foot wide landscape buffer along the street frontage for an existing gasoline dispensing
establishment; and
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,
Supplemental Regulations L.3.f.(2)(a) requiring a ten (10) foot wide landscape buffer on all interior
property lines to allow a variance of 8.5 feet, resulting in a 1.5 foot wide buffer for an existing gas
dispensing establishment.
LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.
Application for the relief sought was made by the Applicant in a manner consistent yo
the requirements of the City's Land Development Regulations.
2.
The Applicaj)t
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requef
3. The conditions for development requested by the Applicant, adminir
suggested by the public and supported by substantial competent evi
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in p;
DENIED
Page 2
Gateway Shell
ZNCV 03-016 and 03-017
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
7.
DATED:
I D - Q:J. - 0
City Clerk
hellWariances (revised 2004}\03-016 to 03-017
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texa
016 and 03-017.doc
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. Gateway
I~
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BOYNTON BEACH. FLORIDA. 33435 . ::...~..ra.:s.~--..... =....'"1[- ....==
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ADDfllON AND ALlER;.11ONS TO:
tlu~I!llm~~nl
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SIISL.L.
2380 NORlH FEDERAL HIGHWAY
BOYTON BEACH. FLORIDA 33435
Landscape Plan
'':XH I BIT ..1,"
. .
EXHIBIT "e"
MAROUF SHEll VARIANCES
5/26/04
Chapter 2, Sec." Supplemental ReQulations
L. 3. d. (1), (3), (4), Driveways
..
(1) No driveway shall be located less than One Hundred Ten (f10')
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 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. Weare 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.
~. L-(~ if q-'. C I~I iJL/ I t!i! ;Jtd d~/2-
Boy~g BfK~R'f&d1f,ances ~ / ,- ~ 0
Part III land Development Regulations ~ /-- t?'/ /Y I p/
SIGNS .
Chapter 21, Article "I,
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
.~
. - j~
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Providing a substitute form of screening of the site along North Federal X
Highway where possible such as planter pots or boxes.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Staff recommends installing the Ixora "Nora" grant at 36 inches in height X
along Las Palmas A venue at the time of installation.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined. ~
S:\Planning\SHARED\ WP\PROJECTS\Gateway Shell fka Texaco\New Shell\ Variances (revised 2004)\03-016 to 03-017 Landscape\COA Landscape
buffers ZNCV 03-016 and 03-0I7.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Gateway Shell (fka Gateway Texaco)
Development
P&Z
BUilding
Engineering
Occ. license
. . .. Deputy City Clerk
Mr. Benl Kruger / Benl Kruger Planning & ZOning Consultant
APPLICANT'S AGENT:
APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 19, 2004
TYPE OF RELIEF SOUGHT: Sign setback ZNCV 03-023: Relief from the City of Boynton Beach
Land Development Regulations, Chapter 21, Signs, Article III, Section 5
requiring all signs must meet a minimum ten (10) foot setback from the
property line to the closest surface of the sign to allow a five (5) foot
variance from the property line, resulting in five (5) foot setback for an
existing gasoline dispensing establishment.
LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
v' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6.
6. All further development on the property shall be made in accordance with t
and conditions of this order.
7. Other
DATED: ID-tl~-O
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texa \
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EXHIBIT n An . t
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Shell' LOGO ANO lETTERING -
EXISTING SIGNAGE
-Food Mart" IDENTIFICATION -
EXISTING SIGNAGE
"GnoIlno" PRICE INOEX-
EXISTING SIGNAGE
"Diesel" PRICE INDEX-
EXISTING SIGNAGE
EXISTING GRADE
GATEWAY Shell
2360 NORTH FEDERAL HIGHWAY
BOYNTON BEACH, FLORIDA 33435
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r:XHIBIT ..",
..
EXHIBIT "C"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. II Supplemental ReQulations
L.3.d.(1), (3), (4), Driveways
~
(1) No driveway shall be located less than One Hundred Ten (110')
feet from the intersecting right-of-way lines of public streets.
(3) Driveways shall be located less than thirty (30) feet from any interior
property line.
(4) Driveways will be limited to one per street frontage.
(1 ) Request a variance from this section of the code as the site has only 140 LF
of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas.
Therefore it would be impossible for any driveways to be 110' to meet this
current code.
(3) Due to the fact that this is an existing Gas Station and is only being upgraded
for looks, the driveways must stay in their current locations because the
traffic patterns ihave already been set and cannot be changed. Gasoline
Tankers must be able to enter and leave the premises from the existing
driveways.
(4) Due to the Gasoline Tankers entering and leaving and the location of the fillers
for the tanks, these driveways must remain in their current locations.
L.3.e. (3), Rear Setbacks
Rear Setbacks are required to be 20' and we are proposing only a 10' rear
setback.
L.3. e.(a). No Canopy shall be located less than 20' from the
property line
The Canopy is 9.5 feet from the front (west) property line. We are requesting a
10.5 foot variance to allow a 9.5 foot front setback for the existing canopy.
L.3.e. (b). No gasoline pump island shall be located less than 30' from any
property line.
The existing gasoline pump island is 19.8 feet from the front (west) property line.
The r~quired front gasoline pump island setback is 30 feet so we are requesting a
variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline
pump island setback.
. J',
~
MAROUF SHEll V ARIANC
Page 2
EXHIBIT "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.
~-V:~~ cr.b'-I!~iJL/.~ ;JtVc/~
Boy~g Bfg~~{OrdYf,ances ~ /' ,- ~ iJ
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 (fka Gateway Texaco)
File number: Sign setback ZNCV 03-023
Reference:
I DEP ARTMENTS 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
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
2. To be determined. ..~
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShelI\Variances (revised 2004)\03-023 Sign Setback\COA Sign setback ZNCV 03-
023.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Oev.lopm.nt
paz
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Gateway Shell (fka Gateway Texaco)
APPLICANT'S AGENT: Mr. Beril Kruger / Beril Kruger Planning & Zoning Consultan
APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 19, 2004
TYPE OF RELIEF SOUGHT:
Request conditional use / major site plan modification approval
to construct a 681 square foot building addition to an existing
1,719 square foot gasoline-dispensing establishment for a total
of 2,400 square feet on a OA8-acre lot in the C-3 zoning district.
LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
_ X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~RANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: /D -.aa.-o
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\ ew Shell\COUS 03-007 (revised 2004)\DO.doc
1
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PROPOSED ADllIT10N AND AI. lERAllON TI>.
GATEWAY SHELL
(FORiEN.Y IOIOWN M GAT'EWAYTDACO)
2360 NORTH FEDERAL HIGHWAY
BOYNTON BEACH. FLORIDA 33435
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ADOflJON AND AL TERA nONS TO:
23110 NORTH FEDERAL HIGHWAY
BOYTCH BEACH. FLORIDA 33435
Landscape Plan
EXHBIT "C"
Conditions of Approval
Project name: Gateway Shell (fka Gateway Texaco)
File number: caus 03-007
Reference: 5th review plans identified as a Conditional Use with a September 2 L 2004 Planning and Zoning
Department date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
2. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
3. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
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DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments:
4. 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 ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). 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.
5. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
6. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
7. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
8. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
9. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
10. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the buildin~ permit application at the time of application submittal.
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DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
11. This project requires conditional use approva1. If approved, pursuant to X
Chapter 2 - Zoning, Section 11.2 Conditional Uses, staff recommends a one
(1) year time limit for proiect development.
12. 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).
13. A traffic impact statement was sent to the Palm Beach County Traffic X
Division to ensure that the building addition meets the Traffic Performance
Standards of Palm Beach County. The Traffic Division must approve the
statement prior to the issuance of any building permits.
14. No driveway shall be located less than 120 feet from the intersecting right-of- X
way lines of public streets (Chapter 2, Section 11.L.3.d.(l). Driveway shall
be located no less than 30 feet from any interior property line from the
intersection of the right-of-way lines along local streets and 180 feet along
streets of higher classification such a U.S. 1 (Chapter 23, Article II.H.3). The
existing driveway opening on U.S. 1 is 23 feet from the intersection of right-
of-way lines and therefore, a variance of 97 feet would be required. Approval
of the proposed building addition is contingent upon the granting of the
requested driveway variance (ZNCY 03-010). If approved, this variance must
be indicated in the site plan's tabular data.
15. Driveways shall be located no less than 30 feet from the any interior property X
line (Chapter 2, Section 11.L.3.d(3)). The site plan shows the existing
driveway opening is 20 feet from the north property line. Therefore, a
variance of 10 feet would be required. In summary, approval of the proposed
building addition is contingent upon the granting of the requested driveway
variance (ZNCY 03-011). If approved, this variance must be indicated in the
site plan's tabular data.
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DEPARTMENTS
16. Only one (1) driveway is allowed per street frontage (Chapter 2, Section
11.L3.d.(4)). The site plan shows that there are two (2) existing driveway
openings on U.S.!. Therefore, a variance would be required to allow two (2)
driveways along the street frontage for an existing gas station business.
Approval of the proposed building addition is contingent upon the granting of
the requested driveway variance (ZNCY 03-012). If approved, this variance
must be indicated in the site plan's tabular data.
INCLUDE
X
17. The proposed building addition encroaches 10 feet into the required 20-foot X
rear setback. Therefore, a variance of 10 feet would be required for an
addition to an existing gas station. Approval of the proposed building
addition is contingent upon the granting of the requested building setback
variance (ZNCY 03-013). If approved, this variance must be indicated in the
site plan's tabular data.
18. Canopies for gas stations require a 20-foot setback. The site plan shows the X
existing canopy is nine (9) feet - six (6) inches from the west property line.
Therefore, a variance of 10 feet - six (6) inches is required for the existing
canopy of the gas station. Approval of the proposed building addition is
contingent upon the granting of the requested canopy setback variance
(ZNCY 03-014). If approved, this note must be indicated in the site plan's
tabular data.
19. Gasoline pump islands shall be setback 30 feet from the property line. The X
site plan shows an existing gas pump island is located 19.8 feet from the west
property line. Therefore, a variance of 10.2 feet is required for the gasoline
pump island to an existing gas station. Approval of the proposed building
addition is contingent upon the granting of the requested canopy setback
variance (ZNCY 03-015). If approved, this note must be indicated in the site
plan's tabular data.
20. Gas stations require a 1O-foot wide perimeter landscape buffer adjacent to X
rights-of-way (Chapter 2, Section 11.L3.f.(1)). The site plan shows that no
landscape buffer at the northwest comer of the property of the existing
parking lot. Therefore, a variance of 10 feet is required for the parking lot of
the existing gas station. Approval of the proposed building addition is
contingent upon the granting of the requested buffer variance (ZNCY 03-
016). 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 (such as planter pots or box
planters) shall be provided along North Federal Highway.
21. Gas stations require a 1O-foot wide landscape buffer along interior property X
lines. The site plan shows a landscape buffer of one (1) foot - six (6) inches
along the north property line. Therefore, a variance of eight (8) feet - six (6)
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REJECT
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DEPARTMENTS INCLUDE REJECT
inches is required for the parking lot of an existing gas station. Approval of
the proposed building addition is contingent upon the granting of the
requested buffer variance (ZNCV 03-017). If approved, this note must be
indicated in the site plan's tabular data.
22. The survey shows the existing monument sign is setback only five (5) feet X
from the west property line. All outdoor freestanding monument signs must
be setback at least 10 feet from the property line. Therefore, a variance of
five (5) feet is required for the pylon sign of an existing gas station. Approval
of the proposed building addition is contingent upon the granting of the
requested sign variance (ZNCV 03-023). If approved, this variance must be
indicated in the site plan's tabular data.
23. At the time of permitting, show the sidewalk on the civil engineering plans so X
that it matches the site plan.
24. The detail of the monument sign should indicate the exterior finish, signage X
area (expressed in square feet), and colors (Chapter 21, Article IV, Section
2.B.). The code allows for a maximum of 64 square feet of sign area.
25. All project signage is subject to review and approval of the Community X
Redevelopment Agency and City Commission. As proposed, it appears that
the wall signage area would not comply with the maximum allowable signage
area pursuant to Chapter 21, Article 4, Section C.3. In order to reduce the
wall sign area and upgrade the overall appearance, staff recommends
eliminating all non-word depictions (Shell's corporate logo which is a yellow
/ red seashell) on the wall signs that do not directly correspond with wording.
Non-word depictions on signs shall be limited to 20% of the area of the sign
erected. Color limitation shall not apply to non-word depictions on signs
(Chapter 9, Section 10.1.4.).
26. This project requires a total of 10 parking spaces (1,719 square feet + 681 X
square feet @ 1/250 = 10 spaces) and should be indicated as such on the site
plan tabular data.
27. The existing wall must be refurbished (in those areas of its decay) and X
repainted to match the color(s) of the Gateway Shell building.
28. Provide paint swatches for the elevations (Chapter 4, Section 7.D.). X
29. 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-l
30. Fifty percent (50%) of site landscape materials must be native species. X
Indicate the amount of native material in the plant list of the landscape plan
(Chapter 7.5, Article n, Section 5.P). Please indicate by asterisk, the native
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DEPARTMENTS INCLUDE REJECT
species and ensure that at least 50% of landscape material is native. The
categories shall be as follows: Shade trees, palm trees, shrubs &
groundcover. I
31. The base of the eXIstmg pylon sign must be enhanced \Vith colorful X
groundcover plans and a minimum of two (2) shrub species all selected for
entrance compatibility (Chapter 7.5, Article II, Section 5.0.).
32. 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 l1.E.).
33. On the elevations (sheet 3 of 4), eliminate the Benjamin Moore color "Rubino X
Red" because it will not be used on the building or signs. Also, substitute
"Chrome Green Lt" with "Kunnebunkport Green" and correctly identify
"Chrome Green Dk" as "Chrome Green". Finally, eliminate "Chrome Yellow
Brt" and provide a color swatch of Shell's yellow color.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
34. None X
ADDITIONAL CITY COMMMISSION COMMENTS:
Comments:
35. On condition #14, second sentence should read "Driveway shall be located no X
less than 30 feet from the intersection of the right-of-way lines along local
streets and 180 feet along streets of higher classification such as U.S. 1
(Chapter 23, Article II.H.3)".
36. Correction on language for condition #22, first sentence, which should read X
Pylon sign and not monument sign.
MWR/e1j
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\COUS 03-007 (revised 2004)\COAdoc