Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Minutes 10-15-02
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 15, 2002 AT 6:30 P.M. Present Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager .lim Cherof, City Attorney Janet Prainito, City Clerk t'. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Anthony Reed, St. Paul AME Church Pledge of Allegiance to the Flag led by Boy Scout Troop 395 Mayor Broening called the meeting to order at 6:35 p.m. Reverend Reed offered the invocation followed by the Pledge of Allegiance to the Flag led by members of Boy Scout Troop 395. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME THE INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Ferguson moved to approve the Commissioner McCray and carried unanimously. agenda. Motion was seconded by Meeting Minutes Regular City Commission Boynton Beach, Florida Oct<)ber 1~;, 2002 TI. PUBL]:C AUD]:ENCE: ]:ND]:V]:DUAL SPEAKERS PRESENTAT]:ONS WZLL BE LZI~tTTED TO 3-MINUTE Lloyd Powell, representing the property owner of 1112 N. Federal Highway, commented on a letter he received from Fire Chief Bingham in response to two questions he had asked. Mr. Powell had asked how a fire assessment benefits his property and to explain the discrepancy between what a commercial property owner and a warehouse property owner pay, based on the same square footage. Mr. Powell said that the Fire Chief quoted sections of the GSG report but he felt that he did not receive answers to his questions. .lames Hiriana, 728 NE 8th Avenue, wanted to reply to Mr. Ensler's comment regarding the trend of business and industry moving away from Florida. Mr. Miriana thought that this was not true and that we need to retain our commercial and industrial properties in Boynton Beach. Young people with families are moving here and looking for jobs. We need industry to support them. There are many requests to amend our Comprehensive Plan Future Land Use and we have lost a great deal of commercial property to high-density residential use. He asked that the City give this a great deal of thought and keep the commercial property. Herb Suss, citizen of Boynton Beach, thought that Customer Service Week was a great idea. He announced that there would be a golf tournament at the Links, sponsored by the Police Department to benefit the Heart Fund. Mr. Suss congratulated Commissioner Fisher for serving the City well and hoped we could get someone to fill his shoes. Brian Edwards, 629 NE gth Avenue, wished Commissioner Fisher well and said he had worked hard for this Commission. He expressed his appreciation to this Commission, City staff and employees for what they have accomplished. Bruce Black, f-lanor Road, congratulated Commissioner Fisher. He spoke about recreation and that the programs are always full and there is always a waiting list. He suggested that the City pool some of the money that had been targeted for the demolition of the old High School, the money from the sale of the Horey's liquor license, and money set aside for bottling water and use it to expand our recreation buildings. Bob Ensler, 26 Woods Lane, thanked Commissioner Fisher. He commented on a letter sent by Quintus Greene, Director of Development, dealing with notification to the people around Bethesda Hospital. Previously, this Commission had indicated to the Planning and Zoning Department to look at neighborhood associations and make sure Meeting Minutes Regular City Commission B0ynt0n Bepch, FIQrida October 15, 2002 they were notified. This did not happen with Quail Run. He asked whether there was something that could be done to make this a more formal notification process so that Planning and Zoning would have some responsibility to notify the associations. Public Audience was closed. III. OTHER: A. Informational Items by IVlembers of the City Commission Commissioner Fisher said that he expects this to be his last meeting as a Commissioner. He had a list of goals when he ran for office and he enumerated some of them, adding that he was not taking sole credit for any of the accomplishments. Commissioner Fisher thought that a lot had changed in the City. The relationship between the Chamber of Commerce and the City is now a good one. There is better communication with the citizens. We now have a scheduled plan for Citywide drainage; we have senior staff working as project managers for large projects in the City; and the City is working with both Delray Beach and Boca Raton on education issues. Race relations have improved and customer service has improved and they are doing a great job. Special events are now professional events. Residents now support the police officers. The entire City staff has worked hard for the Heart Association and raised more money than any other team in Florida. Commissioner Fisher complimented the Mayor, other Commissioners and the City Manager for doing a good job. Commissioner Fisher wanted to clarify, for the record, that no tax dollars would be used to bottle water. They would use the proceeds from selling water to sell more water. Regarding the upcoming election, Commissioner Fisher said that candidates should stick to the issues. Commissioner Fisher thanked everyone and said it had been a pleasure and he will stay involved in education in the community. Mayor Broening said it had been a distinct honor to meet someone with Commissioner Fisher's character and devotion to this job and he thanked him. Meeting Minutes Regular City Commission Bovnton Be~ch, Florida October 15, 2002 ]:V. ADMTN]:STRATTVE: Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date II McCray III Ferguson Children & Youth Advisory Bd Children & Youth Advisory Bd Stu/Reg/Voting i yr term to 4/03 Stu/Reg/NonVoting i yr term to 4/03 I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03Tabled (3) I Weiland Education Advisory Board Stu i yr term to 4/03 II McCray Education Advisory Board Stu I yr term to 4/03 III Ferguson Library Board Alt IV Fisher Library Board Reg i yr term to 4/03Tabled (2) 3 yr term to 4/03Tabled (2) IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/03 Commissioner Ferguson appointed Elizabeth Vanderhorn as a Student Nonvoting Member of the Advisory Board on Children & Youth. All other nominations were tabled. Motion Commissioner Fisher moved to approve the seconded the motion that carried unanimously. appointment. Commissioner McCray V. ANNOUNCEMENTS & PRESENTATTONS: A. Announcements: None B. Presentations: 1. Proclamations: None VT. PUBL]:C HEARTNG: AGENDA PERMTTS A. Project: Agent: 6:30 P.M. OR AS SOON THEREAFTER AS THE The Harbors (LUAR 02-005) Jennifer Morton, Land Design South 4 Meeting Minutes Regular City Commission Bovnton Beach, Florida QctQber 15, 2002 Owner: Location: Description: Schgai, :[nc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Proposed Use: Request to rezone from Community Commercial (C-3) to :[nfill Planned Unit Development (:[PUD) Development of 51 fee-simple townhouses City Attorney Cherof announced that this is a quasi-judicial proceeding and he administered the oath to everyone who wished to testify. He stated that the documents that are part of the Commission agenda package are automatically made part of the record. He said that if anyone wants additional documents to be contained in the record, they need to identify them and leave them with the clerk. Dick Hudson, Senior Planner, presented the application. This project, known as Caf~ La Notte, is located on the southeast corner of North Federal Highway and Las Palmas Drive. The property is developed and is zoned C-3 Community Commercial. A master plan is required for all requests to rezone to Planned Unit Development or :[nfill Planned Unit Development (:[PUD). For this project, the site plan also functions as the master plan. Staff is generally in favor of converting the existing commercial designated property to a residential use. One of the goals of the Federal Highway Corridor Redevelopment Plan is to allow for a variety of housing styles at intensities that would support downtown development. The :[PUD zoning allows for a greater variety of housing types in order to develop infill parcels. :[t allows for greater flexibility in lot size and setbacks. The basic expectation in using the :[PUD is that anything developed with it should exceed the basic development standards of conventional zoning districts. This is especially important with this project as it is at the northern gateway to the City. The applicant has agreed to the conditions of approval recommended by the CRA. The CRA has requested that the architectural changes come back to them for review prior to issuance of permits. This project meets all criteria used to review Comprehensive Plan amendments and rezonings and staff recommends approval. Michael Weiner, attorney for the project, said there are two conditions that are outstanding. They started off with 121 conditions of approval and got down to 52 and have consented to most. He credited this to the Planning and Zoning staff, who worked diligently with them. 5 Meeting Minutes Regular City Commission BovntQn Beach, Florida October 15, 200? He said that the CRA minutes and staff report show that they met every criteria for changing to the Special High Density element of amending the Comprehensive Plan. As part of this, Mr. Weiner entered into the record additional comprehensive plan policies that support this particular future land use map change. This is marked Exhibit"A" and is attached to the original minutes on file in the office of the City Clerk. Mr. Weiner stated that this project supports the Boynton Beach 20/20 Plan and the Federal Highway Corridor Redevelopment Plan. The only reservations that they have had are exceeding the standards of basic development. He pointed out that they have exceeded the basic standards because they could have up to 60 units and they have 51. The commercial trips would result in ::[,815 commercial trips daily and this project would generate 378 trips daily. The parking spaces that would be required are 107 and they would have 120. The units could be 45' high and theirs would be 42' high. Setback requirements could be zero and there are no setbacks less than six feet. The minimum lot area could be 4,000 square feet and they have 4,164 square feet. The minimum living area could be 750 square feet and they doubled that. .lennifer Morton, Land Planner with Land Design South, made a PowerPoint presentation that showed views of the surrounding area. The proposed site plan is for 51 fee-simple units and each unit would have a 2-car garage. They would be 3-story buildings. The density proposed is 15.8 dwelling units per acre. Ms. Morton pointed out the paseo/courtyard area that provides the residents with an outside area. The recreation area is located along the Tntracoastal Waterway and allows every resident to enjoy the water view. Mr. Weiner stated that they only had difficulty with two of the conditions. One of them concerns the garage door openings. The standard width of the openings is 16 feet and they could not find garage doors with an 18-foot opening unless they were custom made. They are also concerned because the 18-foot opening might cause a redesign of the buildings. Their other concern was the requirement of a block wall. They are trying to save a mature hedge and to do so, it should be disturbed as little as possible. Footers can be done in a smaller area for a pre-cast wall than they can for concrete block. Concrete block does not block out any more sound and creates difficulties with respect to maintenance. All other comments have been addressed and they understand that the architectural elevations will go back to the CRA for their approval. Kevin Borkenhagen, Centex Homes, responded to a question regarding the location of the hedges and stated that they are on the north and south sides. Mike Rumpf, Planning & Zoning Director, explained that both comments (conditions 54 and 62) came from the CRA. The code does indicate a concrete block stucco painted 6 Meeting Minutes Regular City Commission Bovnton Beach, Florida October 15, 2002 wall in the buffer requirements. There is no code that pertains to door openings. The CRA thought that wider openings would provide more clear access for larger vehicles. Mayor Broening agreed that architectural elements are in order. He asked that the developer work very closely with staff to augment the architectural elements. He is very disappointed with the City's use of that whole end of the City. However, he believes that the market will, over time, find a higher and better use for the area. He was disappointed, not in this project but in the City's lack of vision for this area. Commissioner Ferguson attended the CRA meeting and what struck him was that this particular site is hard to develop because of its shape and he thought that this is probably the best use for it. Motion Commissioner Ferguson moved to rezone from Community Commercial to Infill Planned Unit Development for the development of 51 fee-simple townhouses with the width of the garage door openings being 16 feet and using pre-cast walls rather than CBS. Motion was seconded by Commissioner Fisher. City Clerk Prainito called the roll and the motion carried unanimously. Mayor Broening asked for a motion on the issue of amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential. Motion Commissioner Fisher moved to approve. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Project: Agent: Owner: Location: Description: Merano Bay (LUAR 02-006) Carlos Ballbe, Woodside Land Development Corp. Autozone, Inc. Southeast corner of Shore Drive and North Federal Highway Ul~ ~l~, ~--;~;~1 /U~ ~ ~ ~,,1~..~. ~.1 I I1~11 ~lldl~l I~;IU~II~IBI ~1 I~1~] ~'~ ~IU~I~! BII~ (Land u~e element potion ha= been withdrawn) Request to rezone from Community Commercial (C-3) to l~nfill Planned Unit Development (1[PUD) City Attorney Cherof announced that this was also a quasi-judicial proceeding and administered the oath to everyone who would be testifying. Meeting Minutes Regular City Commission Bovnton Be~ch, Florid~ October 15, 200:? Dick Hudson, Senior Planner, presented the case for the City. Originally, there was a land use amendment coupled with this. :It was discovered that there was a more appropriate land use that should accompany this; therefore, the land use amendment portion has been withdrawn. The site plan functions as the master plan. [t was determined that the increase to the overall allowable density would be 11.46 dwelling units per acre, which exceeds the maximum density of the High Density Land Use classification or the Local Retail Commercial which can also be developed as residential at 10.8 dwelling units per acre. The proposed site plan does meet the intent of the ]PUD zoning district. The property at the 10.8 dwelling units per acre would be eligible for 18.9 units. The plan proposes 20 units which is two units over the allowable units. They will be back before the Commission to request a Special High Density Residential classification, which is appropriate density. The project meets all required criteria of the code. Staff believes that this is an excellent example of what we were trying to achieve with the [PUD and feels it will be a credit to the corridor. Staff recommends approval of the rezoning an.d the site plan. Carlos Ballbe, representing the applicant, explained that they kept the buildings at two stories. They are proposing to make improvements to Shore Drive to enhance the entrance to Coquina Cove subdivision. These will include landscaping, sidewalks, curbs, and gutters, which they were not required to do. They are also attempting to preserve some old trees in the rear. Commissioner Ferguson asked whether they have a problem with the garage door openings being 9 feet rather than 8 feet. Mr. Ballbe responded that the 8-foot door is a more standard door. When asked whether he had any problem with providing a CBS wall, Mr. Ballbe explained that they had originally proposed a pre-cast wall; however, he believes that the code requires a CBS wall. Therefore, this is not an issue. Mike Rumpf, Planning & Zoning Director, wanted to add something that he thought he should have said previously. He explained that the buffer requirement in our code requires that the wall be a concrete block stucco wall; however, the way it reads is a "required" buffer wall and it specifically addresses those commercial or industrial projects that flank residential projects. We do not apply the same requirement to residential projects although we may recommend it. :It is not a code requirement. Motipn Commissioner Ferguson moved to approve with the following changes - the width of the garage door openings being 8 feet and the use of a pre-cast instead of a CBS wall. Motion was seconded by Commissioner Fisher. City Clerk Prainito called the roll and the motion carried unanimously. 8 Meeting Minutes Regular City Commission Bovnt0n Beach, FIQrida O~ober 15, 200~ Project: Agent: Owner: Location: Description: Victoria's Closet (COUS 02-004) Thomas McCormack 3602 NFHB, LLC 3602 North Federal Highway Request Conditional Use Approval for a 34,484 square foot self storage facility in a C-3 zoning district City Attorney Cherof stated that this is a quasi-judicial proceeding and he administered the oath to everyone who would be testifying. Nike Rumpf, Planning & Zoning Director, presented the case for the City. This is a 3- story self-storage facility. The site is located on the west side of U.S. 1, south of the intersection of Old Dixie Highway and U.S. 1. The property is zoned C-3. The total parking required is 14 spaces and the plan provides a total of 17 parking spaces, two of which are handicapped accessible. A 6-foot high buffer wall is proposed along the west property line and the 110-foot portion of the north property line where the subject property abuts residential property. :It includes a 30-foot wide landscape buffer along U.S. 1, a 5-foot wide buffer strip on both the north and south sides of the project, and a 12-foot wide buffer strip at the rear left portion that abuts residential property. They propose using a decorative barrel tile roof. Staff recommends approval subject to all conditions included in exhibit C. The CRA has concurred with all conditions and also recommends further architectural enhancements as described in condition #26. Attorney Dick Coker, representing the applicant, explained that at the CRA meeting, there was some discussion regarding the architecture. They received compliments on the front elevations but there were some comments concerning the side and rear elevations. They asked us to enhance them and we have done that and submitted the drawings to the City for review. The CRA requested that they bring the theme of the front elevation along to the sides. When asked by Vice Mayor Weiland whether they would be saving the Banyan tree, Attorney Coker answered "yes." Commissioner McCray inquired regarding their hours of operation. Mr. Rumpf said the code limits the hours of operation to 7 a.m. to 9 p.m. and the applicant agreed to this. MotiQn Commissioner Fisher moved to approve. Motion was seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried unanimously. Meeting Minutes Regular City Commission BovntQn Beach, FIQrida October 15, 200? Amending the Quantum Park DRI/Master Plan to change the permitted use on lot 89B from "Office Industrial" (OI) to "Mixed Use" (MU); Lot 3 from "Industrial" (IND) to "Office Industrial" (OI); and Lot 34- C from "Reserved" to "Open Space/Detention" (Proposed Ordinance No. 02-054) City Attorney Cherof administered the oath to everyone who would be testifying. He announced that this public hearing would include the second reading of Ordinance No. 02-054. Lusia Galav, Principle Planner, presented the case. She explained that this is a 13th amendment to the Quantum Park Development of Regional Impact. Amendment #12 had lot 34-C moved into a Reserved category until it could be determined what was the best use for that lot and it is now going back into the Open Space/Detention category where it was previous to amendment #12. Lot 3 was inadvertently changed in a prior amendment and this will correct that. Lot 89B is a change associated with the site plan on the agenda for lot 89B. Staff has received traffic compliance approval from Palm Beach County. They also received a letter from the Treasure Coast Regional Planning Council, which states that there is no objection. No correspondence has been received from the Department of Community Affairs. Staff is recommending approval of the change for Lot 3 and Lot 34- C. Staff continues to recommend disapproval for lot 89B. Eugene Gerlica, Quantum Limited Partners, complimented the Planning & Zoning staff and stated that the City of Boynton Beach is the best place to develop property. Mr. Gerlica explained that Lot 3 is a housecleaning issue. Lot 34-C is now owned by the Community Development District and to have it changed is very beneficial to the park because it buffers the Sand Pine Preserve. He thought that Lot 89B as a mixed use (commercial, office, or residential) works very well with the flow of pedestrians from one area to other areas. Tom McGillicuddy addressed the concern over the lack of industrial space in Quantum Park. He explained that the already built industrial space in Quantum Park totals 1,138,000 square feet and site planned or proposed industrial space adds an additional 1,380,000 square feet. He submitted three photographs of what they think mixed use should look like. They are marked Exhibits "B" and are attached to the original minutes on file in the office of the City Clerk. They show a mixture of office, industrial, and residential and all these uses are without any walls, only landscape and water used as buffers. As an example of other residential land adjoining industrial uses, he said that in Cedar Ridge, at the very northern end of the City boundary on High Ridge Road, 10 Meeting Minutes Regular City Commission Bovnton Beach, Florid~ October 15, 200? some of the residential lots back up to industrial buildings and are only separated by 15-20 feet. David Norris, attorney for the applicant, stated that the only disagreement with staff concerns lot 89B. Staff's comments deal with compatibility and loss of industrial space. The in-place and planned industrial space in Quantum Park meets or exceeds what was anticipated and intended for the park. The prospective purchaser obviously thinks the compatibility works and they are very experienced developers. Quantum Park was originally developed in the 1980s. The original developer was never able to sell lot 89B. The present owners purchased it in 1998 and they have had no interest in lot 89B for industrial use. Hr. Norris felt that the City should be looking to spur development of this property because it had been vacant for so long and vacant property is not contributing to the economic condition of the City. The applicant agrees with the conditions of approval. Herb Suss, citizen of Boynton Beach, stated that this property has been vacant since 1980 and the City has plenty of industrial land. Quantum has been a good neighbor and he requested that the Commission approve the whole package. Bob Ensler, 26 Woods Lane, said that our policy for industrial land was written based on data from the 1980s that is now 20 years old. He thought that the market for industrial land has changed, not only in Boynton Beach but throughout the entire Gold Coast. He is in favor of this project. Lee Wische, 1302 SW 18th Street, has always supported Quantum Park. They have kept their word on every promise they have made. There have been changes because the economy has changed. There is nothing that has been disputed by anyone except staff. He urged the Commission to pass the entire package. Commissioner Fisher commented that staff is working from an antiquated policy and their recommendation is based on that policy; therefore, he does not fault staff. Iqotion Commissioner Fisher moved to approve. Commissioner Ferguson seconded the motion. Vice IVlayor Weiland voted against 89B at the last Commission meeting. He thought that it stuck out like a "sore thumb" on the east side of High Ridge Road. He feels that industrial is starting to get choked out in that area in favor of residential. He still questions who is going to fill these residential units but he does not believe the developers would be building them if they could not sell them. He said that he would hesitatingly tend to vote in favor of this tonight. 11 Meeting Minutes Regular City Commission BovntQn Beach, FIQrid~ Octpber 15, 2007 Mayor Broening feels that the market ultimately determines what is right. People do not put millions of dollars into projects unless they feel they will succeed. Vote City Clerk Prainito called the roll and the motion to approve carried unanimously. City Attorney Cherof read proposed Ordinance No. 02-054 by title only. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-054. Notion was seconded by Commissioner Fisher. City Clerk Prainito called the roll and the motion carried unanimously. VII. 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: Agenda Preview Conference of September 30, 2002 Regular City Commission Meeting of October 1, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Award the Request for Proposal to Partners Plus, Inc. for the Three-Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park, RFP #077-2710-02/KR - AND - approve the terms of the lease agreement (Proposed Resolution No. R02-173) Award the bid for "CO-OP EIGHTEEN MONTH GASOLTNE AND DTESEL FUEL," Bid #005-1411-03/C3D, to various vendors as indicated on the attached table with an annual expenditure of $560,500 Award Annual Maintenance Agreement to Professional Golf Car for the maintenance of 97 golf cars -90 fleet cars, 6 player assistant cars, i bag car (Proposed Resolution No. R02-174) 12 Meeting Minutes Regular City Commission BovntQn Beach, Florida October 15, 200:? C. Resolutions: Proposed Resolution No. R02-175 Re: Approving Fire Rescue Training agreement between City of Boynton Beach and Bethesda Memorial Hospital Proposed Resolution No. R02-176 Re: Authorizing a project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant known as the Wilson Park Expansion Project Proposed Resolution No. R02-177 Re: Setting up a Flexible Spending Account (FSA) program to be administered by AFLAC, a provider to the City of four other employee benefit programs Proposed Resolution No. R02-178 Re: Releasing cash bond of $550 to William Thies & Sons, :[nc. for the project known as William Thies & Sons, :[nc. D. Ratification of Planning & Development Board Action: Quantum Park and Village Lot 89B (SBMP 02-003), North of Gateway Boulevard, East of High Ridge Road - Request for Master Site Plan Approval with waivers for 39 fee-simple townhouse units on 3.99 acres in the Quantum Park DR[ New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one- story (240 seat) church on a 1.9-acre parcel ('Tab/ed Commissioner McCray pulled item D.2 from the consent agenda. E. Ratification of CRA Action: The Harbors (NWSP 02-012), 2300 North Federal Highway - Request to construct 51 fee-simple townhouse units on 3.21 acres - This request for site plan approval will be contingent upon the approval of the concurrent land use amendment/rezoning application (LUAR 02-005) Commissioner Fisher pulled item E.1 from the consent agenda. 13 Meeting Minutes Regular City Commission Bovnton Beach. Florida October 15, 2002 Merano Bay (NWSP 02-014), Southeast corner of Shore Drive and North Federal Highway - Request to construct 20 fee-simple townhome units on a :L.75-acre parcel (Site Plan Approval) Commissioner Fisher pulled item E.2 from the consent agenda. Gateway Texaco (ADAP 02-001), 2360 North Federal Highway - Request for appeal of administrative determination that proposed improvement of gas station is an unlawful expansion of legal, nonconforming use Commissioner Ferguson pulled item E.3 from the consent agenda. Approve expenditure of $40,000 from the CTP to match funding from the Palm Beach County School Board and other sources for the construction of a state-of-the-art running track at the Boynton Beach High School Accept the written report to Commission of purchases over $10,000 for the month of September 2002 for informational purposes Approve the Motor Replacement on City Hall Complex Chiller #2 as proposed by South Florida Trane Service, Option #3, for $48.800 Emergency Repair (Approva/ of consent agenda is found/ater in the minutes). D.2. New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one- story (240 seat) church on a 1.9-acre parcel (Tabled I~lotion Commissioner McCray moved to remove item D.2 from the table. by Commissioner Ferguson and carried unanimously. Motion was seconded City Manager Bressner explained that at the last Commission meeting, the issue of roadway improvements to Hoadley Road was discussed and there was no determination by the Commission so the item was tabled. Staff's position was that the applicant was responsible for making certain improvements to the roadway leading to the church and the applicant objected to participating in some of that cost. Hoadley Road runs approximately 600' from Old Boynton Beach Boulevard to the terminus. The current pavement is substandard. The property immediately to the west is a shopping center. There is a wall with Seagrapes and some trees that provide some 14 Meeting Minutes Regular City Commission Boynton Beach, Florida October 15, 2002 visual buffering. In order to install the water main improvements to serve the subject property, the water main would have to be constructed along the west side of the roadway and pavement would have to be put on top of it. Staff is recommending that the pavement be approximately 22 feet wide. The difficulty is that the overall right-of- way is only 30 feet. The combination of constructing the water main and bringing the pavement to 22 feet would mean that the landscaping would have to be removed. order to provide adequate ingress and egress to the church requires that the roadway be upgraded. Staff has some alternatives to deal with the roadway and ways to deal with the cost sharing. .leffrey Livergood, Director of Public Works, explained that in order to provide a supply of potable water, the water main is proposed to be placed on the west edge of the 30- foot right-of-way. In doing this, trees must be removed and the Seagrapes might not survive. He said that staff continues to believe that improvements to support development are the responsibility of the developer. However, the homeowners in the area have expressed concern regarding storm drainage in the area. Staff does not believe that the developer should be responsible to fund the drainage improvements. The City should fund these. However, staff continues to believe that it is the responsibility of the developer to at least provide an asphalt surface widening in order to accommodate the additional traffic that will be generated. Mr. Livergood does not believe that it is necessary at this time to resurface the entire width of the road. Staff believes that the resurfacing could be done by the City as part of the drainage improvement. Staff is recommending that the City resurface the street within the next few years as part of storm water improvements and that the City quickly evaluate the storm water conditions in the entire neighborhood. Staff is offering a shared approach. In answer to Commissioner Fisher's concern regarding the loss of the Seagrapes, Mr. Livergood thought that there were other landscaping options. Commissioner McCray had concerns regarding the time line and Mr. Livergood thought that the City's construction would occur approximately the same time as the church construction. Vice Mayor Weiland believes that it is the responsibility of the City to bear the entire cost of the road improvements whether there is a church being built there or more single-family homes. The residents need to have a proper buffer. His other concern is that if the church has overflow parking on the street, this might affect emergency vehicle access. 15 Meeting Minutes Regular City Commission BQynton Beach, Florida October 15, 2002 City Manager Bressner explained that the land use determines the width of the roadway. If four or five homes were to be constructed at the end of Hoadley Road, the roadway would not have to be widened to the degree that it would for the church. Staff believes that there should be cost participation by the church to widen the street. It would set a precedent if the City assumes the responsibility to pave the street instead of requiring the church to participate in the cost. Parking on the street presents some problems for the City and neighbors in the form of enforcement. There would need to be some type of parking regulations posted. The best way would be to provide all parking on the parking lot. The City is recommending that the church participate in the cost since there is an impact on the neighborhood. In answer to a question regarding the cost to the church, Mr. Livergood stated that staff is suggesting that the church be responsible for placing the asphalt widening and the approximate cost would be $5,700. Staff also recommends that as part of the storm project in the area, the City resurface the road. The City's share would be considerably more. Alfred Daise, developer and general contractor for the project, stated that they would not have any problem with this. He asked for clarification on the footage for the amount of asphalt. Mr. Livergood said that it would be desirable to have a 22-foot roadway, but the City would work with them on the width when they come in for final site plan approval. Mr. Daise would be opposed to that. There is a problem with the drainage in that area and the water drains back onto the church's property. He said that they had already agreed to two feet and if staff is asking them to provide $5,700, which is the shared cost, they would not have a problem with that. However, he wanted to make it clear that they would be willing to issue the check for $5,700 to the City because the church had received two bids, one for $157,000 and $127,000 for the other. Mr. Livergood stated that the $5,700 is the cost for the 1" surface that is placed on top of the water main trench. The City is assuming that the applicant is going to have to place a water main in the west right-of-way. Mayor Broening asked what the applicant is prepared to do. Mr. Daise stated that they are prepared to install the water line and will remove the trees along the edge of the wall. Donald Senatore, architect for the project, said that they had agreed to install the water line and fire hydrants along Velaire Drive and Hoadley Road. His contention was 16 Meeting Minutes Regular City Commission BQynt0n Beach, FIQrida October 15, 2002 that the road should already be 22 feet wide. They are willing to install the portion of the road along their property. Mr. Daise said that he would be willing to work with staff and attempt some sort of compromise so that maybe this would all be resolved by the next Commission meeting. Motion Commissioner McCray moved to table this item. Fisher and carried unanimously. Motion was seconded by Commissioner A recess was declared at 9 p.m. and the meeting reconvened at 9:10 p.m. E.I. The Harbors (NWSP 02-012), 2300 North Federal Highway - Request to construct 51 fee-simple townhouse units on 3.21 acres - This request for site plan approval will be contingent upon the approval of the concurrent land use amendment/rezoning application (LUAR 02-005) Motion Commissioner Fisher moved to approve item E.! and eliminate conditions #54 and #62. Motion was seconded by Commissioner Ferguson and carried unanimously. E.2. Merano Bay (NWSP 02-014), Southeast corner of Shore Drive and North Federal Highway - Request to construct 20 fee-simple townhome units on a 1.75-acre parcel (Site Plan Approval) Motion Commissioner Fisher moved to approve item E.2 and to eliminate conditions #26 and #27. Commissioner McCray seconded the motion that carried unanimously. E.3. Gateway Texaco (ADAP 02-001), 2360 North Federal Highway - Request for appeal of administrative determination that proposed improvement of gas station is an unlawful expansion of legal, nonconforming use Commissioner Ferguson pulled this item at the request of the applicant. Mayor Broening explained that the City had received a request from Michael Weiner to appeal the decision before the Commission and that was the reason that this item was pulled. 17 Meeting Minutes Regular City Commission BQynton Beach, Florida October 15, 2002 Vice Mayor Weiland asked staff to explain the difference between this gas station and the ones at the corner of Boynton Beach Boulevard and on the corner of Federal Highway and Woolbright Road and Federal Highway. Mike Rumpf, Director of Planning & Zoning, stated that this an appeal to an administrative decision brought by Beril Kruger on behalf of the property owner. It is an appeal to a decision by the Planning & Zoning Director identifying proposed improvements as an unlawful, expansion of a nonconforming use. The property owner proposes to expand the subject gasoline station to build additional storage for merchandise. This gasoline station is at the northeast corner of Las Palmas Drive and North Federal Highway. In response to this request, staff rendered an administrative decision that the proposed change would be prohibited by City regulations as the subject use is nonconforming by virtue of the location, limiting gasoline dispensing establishments to intersections consisting of roads four lanes or wider. The Land Development Regulations prohibit expansion of a nonconforming use. The applicant attempts to justify the expansion based on its purpose for retail merchandise storage, which they state should be separate from gasoline sales as its principal use. Staff recommends that this request be denied. Staff contends that this would be an unlawful expansion of a legal nonconforming use. The sale of gasoline is a principal use of the subject business and cannot be viewed separate from accessory components such as retail sales. The applicant has not proven that further expansion of the building and retail sales is mandatory for the continued normal operation of the continued use. Mr. Rumpf explained that the difference between this and the beautification projects that have occurred to other stations is that this is a physical expansion of the business itself. Also, the other two stations referenced are not nonconforming by their location. They meet the Iocational criteria of the code. Michael Weiner, representing property owner Steve Marouf, explained that this 600' of storage space would be located behind the gasoline station. The structure is for the storage of drinks, sodas, and juices for the convenience store that is operated at this location. This gasoline station happens to be at an intersection of a four-lane road and a two-lane road. The zoning is C-3, which allows for automotive service stations. It is the development criteria that renders this property nonconforming because it is not located at a four-lane intersection. The use is an approved use, only design criteria is not met. The use is not non- confirming. Even if it were, staff report admits that a request can be granted under certain circumstances. Staff report states, "With respect to item #2 above, additional research by staff has concluded that the courts have supported the expansion of nonconforming uses. However, this support appears to be conditioned upon the accessory use being necessary for the normal operation of the principal use, and otherwise a hardship on the owner without said accessory use." In this instance, the 18 Meeting Minutes Regular City Commission B(~ynton Beach, FIQrida October 15, 2002 storage is necessary for the normal operations of the business. This storage was previously in a trailer, which has been eliminated. If Mr. IVlarouf is not allowed to replace this storage, he is forced to significantly curtail his normal business operations in this accessory use. He would be at a competitive disadvantage. Mr. Weiner cited various court cases. He explained that in Feldman versus the Hearing Board of the City of Pittsburgh, the court found that the modernization of an automotive repair shop was part of a gasoline station and would be allowed. In .lackson versus Pottstown Zoning Board of Adjustment, the landowner was allowed to construct a walk-in refrigerator and the court held that the law of nonconforming use is that it may be validly expanded by a reasonable accessory use that is not detrimental to the public health, safety, or welfare. In Lewis versus the City of Atlantic Beach, the determination of nonconforming uses can result in a "taking" for constitutional purposes unless the basis of such a determination is in accord with applicable legal principles. In Marine Attractions versus City of St. Petersburg Beach, an aquarium was allowed to modernize its tanks and the court allowed a previously existing business to change its mode of operating the same business as circumstances may require. Documentation regarding these cases was distributed to the Commission and is marked Exhibit "C" and is attached to the original minutes on file in the office of the City Clerk. Mr. Weiner summarized that this is not an expansion of a nonconforming use. It is an accessory use. There are design difficulties and the Commission could allow such expansion because it is necessary for normal business operations. The law supports this. He contended that if the expansion were not allowed, it would be a hardship on the owner. Mr. Weiner posed the following questions and answers: Is this for a nonconforming use? No. It does not have anything to do with gasoline dispensing. It relates to the sale of sodas, drinks, and juices. Why is this location nonconforming? Because service stations are not allowed where street widths are the widths of these streets. It has nothing to do with use; it has to do with design criteria. Is any nonconforming use being expanded? We are not allowing any more gasoline. We are talking about something that is done every day in this City, the selling of juices and drinks. Can accessory uses be modernized and updated? Yes, they can. Even staff information shows cases where it is allowed. 19 Meeting Minutes Regular City Commission B~)ynt0n Beach, Flprida October 15, 2002 Terry Pereira, 7692 Colony Lake Drive, commented that the owner is not trying to expand his current sales aspect; he is just trying to support his business. He previously had a trailer for storage and was cited by code enforcement. He thought there was no real reason not to allow this. Tt is just a storage building. He urged the Commission to approve this. Brian Edwards, 629 NE 9th Avenue, supports this storage facility. This business fills a need for area residents. There are millions of dollars going into the CRA area, and he asked whether the Commission wanted a Texaco Station that looks like a typical Texaco Station or do they want something that has the capacity to satisfy the market that they are hoping to have along Federal Highway. This station is clean and customer-service friendly and he is in favor of it. City Attorney Cherof commented that he would not want the Commission to resolve this matter for any fear that their action would constitute a "taking." The case that attorney Weiner had cited that has language regarding a "taking" is not applicable here. Quintus Greene, Development Director wanted to clarify some items for the record. Mr. Weiner had indicated that this is nonconforming by design and Mr. Greene disagreed. Tt is nonconforming by location. It is not located per the provisions of the code since it is located at the intersection of a four-lane road and a two-land residential street. Also, the convenience store cannot be detached from the gasoline sales; they are one and the same. Therefore, any expansion of the convenience store is an expansion of the use. Mr. Weiner responded that his reference to the court case on "taking" was merely presented for the purposes of showing that Florida courts as well as other states are sympathetic to nonconforming uses. In response to Mr. Greene's comment regarding location, Mr. Weiner stated that whether it was design criteria or location, the important thing is that C-3 zoning allows automotive service stations. He also commented that this is an accessory use. Commissioner Fisher commented that they are not adding on gas pumps or automotive services. [t is simply to enhance the neighborhood. He understands staff's point but he believes the Commission has an obligation to improve the entire neighborhood. Commissioner McCray thought that this was a convenience to the neighbors that live there and to keep the business open is a plus. Motion Commissioner Fisher moved to grant the appeal and overrule staff's interpretation that this is a nonconforming use. Commission McCray seconded the motion that carried unanimously. 2O Meeting Minutes Regular City Commission BoyntQn Beach, Flcrida October 15, 2002 (Approval of consent agenda). Motion Commissioner McCray moved to approve the consent agenda, as amended. seconded by Commissioner Ferguson and carried unanimously. Motion was VZZZ. CITY MANAGER'S REPORT: None ZX. FUTURE AGENDA ZTEMS: Consideration of CRA recommendation for eminent domain for Boynton Beach Promenade property (Hall Parcels) (November 6, 2002) Proposed release of approximately 18 acres of property south of Hypoluxo Road and east of Seacrest Boulevard to the Town of Lantana, subject to resolution from the Town of Lantana regarding property west of Seacrest Boulevard and south of Hypoluxo Road (November 6, 2002) FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) X. DEVELOPMENT PLANS: None XZ. NEW BUS~NESS: None LEGAL: A. Ordinances - 2nd Reading - PUBL]~C HEAR]:NG Proposed Ordinance No. 02-052 Re: Amending the Land Use Element of the Comprehensive Plan for 1.43 acres of land from Low Density Residential to Public & Private Governmental/~[nstitutional (Bethesda Hospital Physician Parking) 21 Meeting Minutes Regular City Commission Boynton Beach, FIQrida October 15, 2002 City Attorney Cherof read proposed Ordinance No. 02-052 by title only. Motion Vice Mayor Weiland moved to approve proposed Ordinance No. 02-052. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion passed 3 to 2 with Commissioners Ferguson and Fisher dissenting. Proposed Ordinance No. 02-O53 Re: Rezoning a 1.43-acre parcel from R-l-AA (Single Family Residential) to PU (Public Usage) (Bethesda Memorial Hospital Physician Parking) City Attorney Cherof read proposed Ordinance No. 02-053 by title only. He commented that this is the agenda item where a chart was provided that shows a number of suggested changes to the conditions of approval that are contained in a portion of the ordinance (Section 2, items a though e). One change in subsection e was made following the first reading and that was to include the phrase "or south" to the other designations. The chart indicates several other issues advanced by the applicant and commented on by staff and they relate to the issue of access along SW 4th Street. In very limited circumstances, when there would be issues regarding safety or danger, the applicant has requested specific language that would allow access from 4.th. These comments are marked Exhibit "D" and are attached to the original minutes on file in the office of the City Clerk. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-053. Motion was seconded by Vice Mayor Weiland. City Clerk Prainito called the roll and the motion passed 3 to 2 with Commissioners Ferguson and Fisher dissenting. B. Ordinances - 1st Reading None C. Resolutions: Proposed Resolution No. R02-179 Authorization to acquire property for the expansion of the Wilson Center and Park area from Lawton Mapp; and to waive the statutory obligation of obtaining an appraisal, pursuant to 166.045, Florida Statutes City Attorney Cherof read proposed Resolution No. R02-:L79 by title only. 22 Meeting Minutes Regular City Commission Bovnton Beach, Florida OCtQber 15, 2002 Motion Commissioner Fisher moved to approve proposed Resolution No. R02-179. seconded by Commissioner McCray and carried unanimously. Motion was D. Other: Authorization for the City Attorney to seek injunction of a business operating without an occupational license - Barcelona City Attorney Cherof explained that approximately six months ago, the City began the process of evaluating whether the business that was operating as Barcelona Pottery was doing so in violation of the City code, with no occupational license. Through a series of meetings with the property owner, it appeared that he was prepared to make significant alterations to the property to bring it into conformity so that they could conduct appropriate business activities on the property. Appropriate would mean commercial in nature and not manufacturing. Alter some research by the property owner, he determined that it was not economically feasible to undertake the renovations. The property owner approached the City to indicate that they were ready to cease and desist the manufacturing operation and focus solely on the commercial activity. Unfortunately, the existing structures on the property are not suitable even for the commercial activity. It appears the property owner is not prepared to make any repair or restoration of those structures. The property owner requested six months to abate and remove the manufacturing operation; however, it was the consensus of staff that this was not an appropriate period of time. City Attorney Cherof is seeking direction tonight to proceed, if necessary, with a court proceeding to obtain a cease and desist order so that the business activity could not be conducted. Trent Ward stated that the property owner's manufacturing business was not legal when it was in the County and it is not legal for this zoning in the City. The buildings are not legal. They are not permitted or taxed. Mr. Ward said that they are just trying to get illegally erected buildings removed and get this business to a part of the City where it should be. MQtion Commissioner Fisher moved to direct staff to proceed. Mayor Weiland and carried unanimously. Motion was seconded by Vice 23 Meeting Minutes Regular City Commission Bovnton B==ch, Florida October 15, 2002 XIII. UNFINISHED BUSINESS: None XIV. AD3OURNHENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:00 p.m. A'I-rES'T: Deputy City Clerk (four tapes) Commissioner 24 ,_~xhibit 10/15/02 Meetim~ COMPREHENSIVE PLAN Policy 1.13.4 Future Land Use Element The City shall further discourage urban sprawl by preventing the presence or frequency of the pdmary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas... Policy 1.19.1 Future Land Use Element The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements... Policy 1.9.2 Future Land Use Element The City shall implement the Boynton Beach 20/20 Redevelopment Master Plan by revising City regulations and code, the Comprehensive Plan including amendments to the Future Land Use Map and the addition of new policies, the Community Redevelopment Plan, and all plans and guidelines specific to areas impacted by the Boynton Beach 20/20 Redevelopment Master Plan. Objection 6.1 Housing Element The City shall assist the private sector to provide new dwelling units of various types, sizes, and costs by the year 2015, in order t° meet the housing needs of the existing and anticipated populations of the City. O:~.C EN T003~Comp~ehen$ive Plan. Policy-O bjectiv e .w pd __EXHIBIT "C" 10/15/02 Meeting~ Table of Contents Questions and Answers ......................................................................................... I Feldman v. Zoning Hearing Board of the City of Pittsburgh ................................ 2 492 A.2d 468 Jackson v. Pottstown Zoning Board of Adjustment ............................................ 3 233 A.2d 252 Lewis v. City of Atlantic Beach .................................................................................. 4 467 So. 2d 751 Marine Attractions, Inc. v. City of St. Petersburgh Beach ....................................... 5 224 So.2d 337 EXHIBIT "C" 10/15/02 Meeting__ QUESTIONS AND ANSWERS QUESTION ANSWER Is this for a non-conforming use? No. This relates to the sale of sodas, drinks and juices. It has nothing to do with gasoline dispensing. Why is this location non-conforming? Service stations are allowed in this zoning district. It is only street widths which make it non-conforming. Is any non-conforming use being expanded? No. You are eliminating the use of a trailer for a small storage facility behind the building, blocked from view. Can accessory uses be modernized and updated? Yes. Even the Staff Report says so and there is law in support of this proposition. 492 A.2d 468 (Cite as: 89 Pa. Cmwith. 237, 492 A.2d 468) .... EXHIBIT 10/15/02 Meeting__ Commonwealth Court of Pennsylvania. Ursula FELDMAN, Appellant, V. The ZONING HEARING BOARD OF the CITY OF PITTSBURGH, Appellee. Argued March 14, 1985. Decided May 14, 1985. Appeal was taken by property owner from an order of the Court of Common Pleas of Allegheny County, S. Louis Farino, J., affirming an order of the zoning board of adjustment partially denying a request for a special zoning exception. The Commonwealth Court, No. 1785 C.D. 1984, Palladino, J., held that owner of property, seeking a special exception to convert an existing, nonconforming stmctuxe in a C-3 commercial district from an automobile repair shop to a convenience store with gasoline service, could not be prohibited~ from continuing to use and modernize gasoline sales equipment and, hence, could not be denied a special exception insofar as she sought to continue to sell gasoline after replacing existing gasoline pumps and storage tanks with more moderate pumps and tanks, where owner gave no evidence of abandonment and, to contrary, continued to use property as gasoline station and proposed to continue such use in future, and no evidence was presented that modernization of gasoline sales equipment would be detrimental to public health. Order reversed, and case remanded with direction. West Headnotes [1] Zoning and Planning ~:::*321 414k321 Property owners have a constitutionally protected right to continue a nonconforming use of their property unless the mumcipality proves that such use has been abandoned. [2] Zoning and Planning 414k328 Owner of property, seeking a special exception to convert an existing, nonconforming structure in a C-3 commercial district from an automobile repair shop to a convenience store with gasoline service, could not be prohibited from continuing to use and modernize gasoline sales equipment and, hence, could not be denied a special exception insofar as she sought to continue to sell gasoline, an existing nonconforming use, after replacing existing gasoline pumps and storage tanks with more moderate pumps and tanks, where cwner gave no evidence of abandonment and, to contrary, continued to use property as gasoline station and proposed to continue such use in future, and no evidence was presented that modernization of gasoline sales equipment would be detrimental to public health. [3] Zomng and Planning ~=:'327 414k32'7 Absent a finding that the expansion or modernization of existing nonconforming use will either create a new noncontbrming use, extend the nonconformity to new land, or be detrimental to the public health, safety and welfare, the expansion or modernization must be permitted. [4] Zoning and Planning 414k488 An abuse of discretion in the denial of a request for a special zoning exception is established if the fmdings of the zoning board of adjustment are unsupported by substantml competent evidence on the record. **469 *238 John H. Bingler, Jr., Michael R. Bucci, Jr., Thorp, Reed & Armstrong, Pittsburgh, for appellant. Victor R. Delle Donne, Baskin and Steingut, P.C., Frank J. Lucchino, Grogan, Graffam, McGinley, Solomon: & Lucchino, Joseph S. Mistick, Chairman, Pittsburgh, for appellee. Before DOYLE and PALLADINO, JJ., and KALISH, Senior Judge. PALLADINO, Judge. This appeal is taken by Ursula Feldman, (Appellant) from an order of the Court of Common Pleas of Allegheny County (trial court) which affirmed an order of the Zoning Board of Adjustment of the City of Pittsburgh (Board) partially denying Appellant's request for a special exception. We reverse and remand. Appellant is the owner of a parcel of real estate located in a C-3 Commercial District of the City of Pittsburgh on which she and her husband have operated a gasoline service station consisting of the retail sale of Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 492 A.2d 468 (Cite as: 89 Pa.Cmwlth. 237, *238, 492 A.2d 468, **469) .... EXHIBIT 10/15/02 Meeting__ gasoline, automobile repairs and inspections since 1962. This use of the property constitutes a pre- existing, nonconforming use in an existing, nonconforming smacture authorized by an occupancy permit issued in 1967. *239 Appellant applied for a special exception to substantially renovate the existing, nonconforming structure and convert its use from an automobile repair shop to a convenience store. In conjunction with the remodeling of the building, Appellant also proposed to replace the existing gasoline pumps and storage tanks with more modem pumps and tanks and to continue to sell gasoline. The special exception was denied by the Zoning Administrator. On appeal the Board found that the proposed convenience store is a permitted use and granted the special exception with respect to the renovation of the structure and its use as a convenience store. The Board, however, denied Appellant's proposal to continue to sell gasoline. Appellant appealed to the trial court which took no additional evidence and, on the basis of the record made before the Board, affirmed the Board's order. Appellant now appeals to this Court. When no additional testimony is taken by the trial court, our scope of review is limited to determining whether the Board abused its discretion or committed an error of law. Fiechter v. Zoning Hearing Board of Pennsbury Township, 73 Pa. Commonwealth Ct. 253, 458 A.2d 616(1983). Appellant applied for a special exception to rehabilitate the existing, nonconforming structure from an automobile repair shop to a convenience store with gasoline service. The Board granted the special exception as it pertained to the changes in use and rehabilitation of the structure. The Board noted that Appellant must comply with building code requirements but stated that "the convenience store is a permitted use and will be allowed to move forward." Because no appeal from this part of the Board's decision was taken by the Appellee and Appellant does not dispute this part of the Board's decision, we need not *240 examine further the question of changes in the use and rehabilitation of the structure. **470 It is with the part of the Board's decision which denied Appellant permission to continue using the property to sell gasoline at retail that Appellant takes issue. Appellant argues that unless she had abandoned her legal, pre-existing and nonconforming use of the property as a gasoline station, the Board may not prohibit her from continuing to use and modernizing the gasoline sales equipment. We agree. [1][2] Property owners have a constitutionally protected right to continue a nonconforming use of their property unless the municipality proves that such use has been abandoned. Baird v. Slippery Rock Borough Zoning Board, 20 Pa. Commonwealth Ct. 236, 340 A.2d 904 (1975). [T]he abandonment of a nonconforming use and the consequent termination of any legal right thereto results from a concurrence of facts, circumstances, and the intention of the owner of the premises or other person entitled to the use. Intention with respect to the abandonment of a nonconforming use is to be ascertained from overt acts, or failure to act, as well as statements. Marchese v. Norristown Borough Zoning Board of AdjusOnent, 2 Pa. Commonwealth Ct. 84, 95, 277 A.2d 176, 183 (1971). The burden of proving that an abandonment has occurred is upon the municipality. Baird. In the case at bar there is absolutely no evidence of an abandonment; to the contrary, the record clearly establishes that Appellant has continued to use the property as a gasoline station and proposes to continue such use in the future. The mere fact that Appellant proposes to reduce the space on the property devoted to the nonconforming use and add to it a conforming '241 use does not constitute an abandonment. Appellant's right to continue her nonconforming use of the property is therefore constitutionally protected and cannot be denied by the Board. Additionally, the doctrine allowing the expansion of nonconforming uses has long been applied to accormnodate the dictates of business and modernization, and municipal attempts to prohibit such expansion have consistently failed. Amoco Oil Co. v. Ross Township Zoning Hearing Board, 57 Pa. Commonwealth Ct. 376, 426 A.2d 728 (1981). The rationale behind the [natural expansion] doctrine can be traced to the due process requirements protecting private property. If a person owns property which constitutes a valid non-conforming use, it is inequitable to prevent him from expanding the property, as the dictates of business or modernization require. Id. at 379, 426 A.2d at 730, (quoting Silver v. Zoning Board oJ Adjustment, 435 Pa. 99, 102, 255 A.2d 506, 507 (1969)). [3] Absent a £mding that the expansion or Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 492 A.2d 468 (Cite as: 89 Pa.Cmwith. 237, '241, 492 A.2d 468, **470) modernization will either create a new nonconforming use, extend the nonconformity to new land, or be detrimental to the public health, safety and welfare, the expansion or modernization must be permitted. Amoco Oil Co. In the case at bar there is no assertion that the modernization will create a new nonconforming use or extend the nonconformity to new land. The only question, therefore, is whether the modernization will be detrimental to the public health, safety and welfare. The Board denied permission to use the property as a gasoline service station because it determined that the combination of the convenience store and gasoline sales would create volumes of vehicular traffic detrimental to the neighborhood and that adjacent conforming *242 uses would not be adequately protected. [FN1] As stated above, the Board was without authority to deny Appellant her constitutionally protected right to continue to sell gasoline. The focus of our inquiry is, therefore, whether the *'471 Board may, on the record presented and consistent with the proper exercise of its discretion, deny Appellant's application to modernize the equipment. FNI. Although the Board denominates these determinations "findings of fact" we note that they are really a recitation of enumerated conditions of the Pittsburgh Zoning Ordinance, unaccompanied by specific findings of fact, and therefore, pursuant to Section 909.07(e) of the Ordinance, may not be deemed findings of fact in compliance with the requirements of the Ordinance. Additionally, these "findings" are not supported by the record. [4] If the Board's findings are unsupported by substantial competent evidence on the record, it has committed an abuse of discretion. White Advertising Metro, Inc. v. Zoning Hearing Board of Susquehanna Township, 70 Pa. Commonwealth Ct. 308, 453 A.2d 29 (1982); Lake Adventure, Inc. v. Zoning Hearing Board of Dingrnan Township, 64 Pa. Commonwealth Ct. 551,440 A.2d 1284 (1982). I M __EXHIBIT "C" 10/15/02 Meeting__ Page 7 Our thorough review of the record reveals that the only evidence presented regarding the modernization of the gasoline sales equipment is by Appellant's proposed tenant and manager who stated that the old fuel storage tanks will be removed because they may be deteriorated and will be replaced by new fiberglass tanks which are considered to be much safer. There was absolutely no evidence presented to indicate that the new equipment would be detrimental in any manner. [FN2] FN2. In a special exception case the burden of proof rests upon protestants to raise specific issues concerning the detrimental impact on the public health, safety and welfare. Bray v. Zoning Board of Adjustment, 48 Pa. Commonwealth Ct. 523, 410 A.2d 909 (! 980). Our review of the record reveals that the only objections raised by protestants in the case at bar concerned the convenience store. Protestants, therefore, did not meet their burden of proof regarding modernization of the gasoline sales equipment. *243 We therefore hold that the Board has abused its discretion. The order of the trial court is reversed and the case is remanded with the direction that Appellant's application for a special exception be granted with respect to both the convenience store and the modernization of the gasoline sale equipment. ORDER AND NOW, May 14, 1985, the order of the Court of Common Pleas of Allegheny County in the above- captioned case is reversed and the case is remanded to the Court of Common Pleas of Allegheny County with the instruction that the Court direct the Zoning Board of Adjustment of the City of Pittsburgh to grant Appellant's application for a special exception with respect to both the convenience store and the modernization of the gasoline sales equipment. 492 A.2d 468, 89 Pa. Cmwlth. 237 END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 233 A.2d 252 (Cite as: 426 Pa. 534, 233 A.2d 252) Supreme Court of Permsylvania. Frank JACKSON, James Corum, Sr., Eulalia Lias, Diana Ricketts, Carl Watkins, Jesse Lias, Lillie Cox, Margaret Ricketts and Marian Gibson V. POTTSTOWN ZONING BOARD OF ADJUSTMENT, Defendant, and Walter M. Detweiler and Vivian W. Detweiler, his wife, Intervenors. Appeal of Walter M. DETWEILER and Vivian W. Detweiler, his wife, Intervenors. Sept. 26, 1967. Zoning matter. The zoning board of adjustment permitted purchasers of nonconforming use property to convert premises to retail beer distributorship and granted permit to construct a walk-in refrigerator and to construct a parking lot. The protestants sought certiorari. The Court of Common Pleas of Montgomery County, No. 65--14862, Robert W. Honeyman, J., issued its order of July 26, 1967, reversing the decision of the board. The purchasers appealed. The Supreme Court, No. 262 January Term, 1967, Eagen, J., held that where existing nonconforming use was retail grocery store, zoning ordinance permitted change in the nonconforming use to a nonconforming use with same or higher classification and ordinance included in commercial classification 'store or shop for any retail business', zoning board of adjustment did not abuse its discretion by permitting change in nonconforming use to retail beer distributorship. Order of trial court reversed and order of zoning board of adjustment reinstated. Roberts, J., dissented. West Headnotes [1] Zoning and Planning ~:='328 414k328 Prime guideline in determining whether zoning board of adjustment abused its discretion or committed error of law in determining that retail beer distributorship was at same or higher zoning classification than existing nonconforming use was zoning ordinance itself. ~xhibit "C" 10/15/02 Meeting [2] Zoning and Planning ~::a394 414k394 Where existing nonconforming use was retail grocery store, zoning ordinance permitted change in the nonconforming use to a nonconforming use with same or higher classification and ordinance included in commercial classification "store or shop for any retail business", zoning board of adjusmaent did not abuse its discretion by permitting change in nonconforming use to retail beer distributorship. [3] Zoning and Planning ~:;::'321 414k321 The right to a nonconforming use hms with the land, not to the ownership thereof. [4] Zoning and Planning ~:='327 414k327 A lawful nonconforming use may be validly expanded by reasonable accessory use which is not detrimental to the public health, welfare or safety. [5] Zoning and Planning ~::~384.1 414k384.1 (Formerly 414k384) Walk-in refrigerator and small parking area were accessory uses which would not be detrimental to the' public health, welfare or safety and zoning board of adjustment did not abuse its discretion by permitting retail beer distributorship, a lawful nonconforming use, to construct such accessory uses. *535 **253 J. Peirce Anderson, Norristown, Ronald H. Reynier, Wells, Campbell, Reynier & Yohn, Pottstown, for appellant. John R. Henry, Montgomery County, Pottstown, for appellee. *534 Before BELL, C.J., and MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ. *535 OPINION EAGEN, Justice. This is an appeal from an order entered below in a zoning case. [FN1 ] Copr. © West 2002 No Claim to Orig. U.S. Govt. Works Exhibit 233 A.2d 252 (Cite as: 426 Pa. 534, *535, 233 A.2d 252, **253) FN1. We granted certiorari following the filing of a petition under Rule 68 1/2 of the Rules of the Pennsylvania Supreme Court. This is the factual background: Walter M. Detweiler and Vivian, his wife (Detweilers), operated a retail beer distributorslfip on King Street in Pottstown Borough, Montgomery County, prior to May 1965. Because of inadequate facilities, they sought a new location for the business and engaged Joseph Bishop, a real estate broker, to assist in locating a suitable site. He produced the property involved here, located at 757 Beech Street, Pottstown, which is situated in an R-3 Residential District Classification under the Pottstown Zoning Ordinance enacted in 1963. A retail distributorship is not a permissible use of property in such a district. [FN2] However, for many years prior to the enactment of the *536 controlling ordinance, the building on the property had been used in substantial part for the operation of a retail family grocery store, another nonpermitted use, which, therefore, enjoyed the status of a lawful nonconforming use. FN2. A store or shop used for a retail business is permissible only in a district zoned C--1 Commercial. Acting on behalf of the Detweilers, Bishop filed an application with the borough officials for permission to operate a retail beer distributorship business on the property. As a result he received a letter from the Pottstown Borough Manager assuring him that, under the pertinent provisions of the Zoning Code,[FN3] the nonconforming grocery use could be validly changed to the nonconforming distributorship use, provided there were no structural alterations to the building involved. The Detweilers then purchased the property and subsequently secured a building permit to construct a walk-in refrigerator and a drive-in area for customers. Later a group of nine neighborhood property owners filed a timely appeal from the issuance of the building permit (their first knowledge of any of these proceedings was the initiation of construction). FN3. Section 1200, Art. XII of the Zoning Oredinance reads in pertinent part as follows: '3. Change. (of nonconforming use) A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification, if no structural alterations are made therein, provided that such change may include structural alterations when authorized as a special exception by the Board of Adjustment * * *' The classification of commercial uses is found in Art. "C" 10/15/02 Meeting __ Page 2 VII s 701 of the Zoning Code. Insofar as such section is relevant here, it provides: 'A building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other: 3. Store or shop for Any retail business; commercial greenhouse * * *.' (Emphasis added.) **254 This appeal was sustained since the Zoning Code, here in question, allows structural alterations of nonconforming uses only upon the grant of a special exception, which had not been sought or allowed. (See n. 3, supra.) *537 Thereafter, the Detweilers applied for the necessary special exception. A public hearing was scheduled and it was stipulated that the Zoning Board, along with determining the special exception question, would also resolve the threshold issue of whether the beer distributorship was a use of the same or more restricted classification as that of a grocery use, according to the commercial heirarchy established by Art. VII s 701 of the Zoning Ordinance. (See n. 3, supra.) The Zoning Board of Adjustment determined all issues in favor of the Detweilers holding that, under the provisions of the Pottstown Zoning Ordinance, the change in nonconforming uses in this particular case was valid; and, further, that the structural changes involved were permissible as accessory uses of the legal nonconforming beer distributorship. The protesting property owners then petioned the Court of Common Pleas of Montgomery County to issue a writ of certiorari, and for permission to intervene. The requests were granted. Later the court reversed the order of the Zoning Board of Adjustment and the Detweilers appealed here. Since no additional testimony was taken before the lower court, the question on appeal to this Court is framed in terms of whether the Zoning Board of Adjustment abused its discretion or committed an error of law in granting the requests of the Detweilers. Brennen v. Zoning Board of Adjustment, 409 Pa. 376, 379, 187 A.2d 180, 182 (1963); Lance Appeal, 399 Pa. 311,313, 159 A.2d 715, 716 (1960). [1] The prime guideline in this, as well as every zoning case, is the pertinent zoning ordinance itself. Case law, of course, is a helpful factor, but the principal judicial inquiry must logically be to the language of the statute or ordinance in controversy. Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 233 A.2d 252 (Cite as: 426 Pa. 534, *537, 233 A.2d 252, **254) ..~xhibit "C" 10/15/02 Meeting ~e 3 [2][3] Our first question here, then, is whether it was an abuse of discretion or an error of law to decide, as did *538 the instant Board of Adjustment, that a beer distributorship is within the same commercial classification, more precisely within the same commercial sub-division, as a grocery store Under the terms of the Pottstown Zoning Ordinance. It is our view that the Zoning Board did not abuse its discretion or commit an error of law in so finding. One's own personal opinion might well be that there is a distinct difference between a neighborhood grocery store and a beer distributorship, i.e., between food, an essential commodity, and beer, certaintly a nonessential one. This personal response, whether it be intestinal or otherwise, is surely valid. However, the criterion in this zoning case is the Pottstown Ordinance and its clear language delineates the permissible boundaries of our exploration. Under Art. XII s 1200.3 of that law, provision is made for the change from one nonconforming use to another. The possibility of a case such as we have before us was obviously considered by the borough legislators. Change was explicitly permitted with the proviso that the change be to a use within the same or qaigher' commercial classification. [FN4] FN4. For a general discussion of the subject of changes in nonconforming uses, see Annot., 87 A.L.R.2d 4 (1963). Commercial uses are classified in Art. VII s 701 of the Zoning Ordinance. There are nine such classifications. Classification Three includes, 'Store or shop for any retail business.' The subsequent classifications name specific retail businesses, which are, apparently, excluded from the broad scope of number three. It is our feeling that if the borough fathers wished to exclude **255 a beer distributorship or similar business from inclusion in Classification Three, they would have done so, as they specifically did with other businesses. However, they did not. Perhaps this omission was a (now) lamentable oversight; perhaps *539 not. In any event, we must deal with the Ordinance as it now stands; and, as it stands, there is no commercial distinction made between a grocery store and a beer distributorship. Thus, we are unable to say that the Zoning Board of Adjustment of the Borough of Pottstown abused its discretion or committed an error of law, when it held that the change in nonconforming uses in this case was valid under the Ordinance. [FN5] Indeed, the Board seems to have interpreted the Ordinance in logical fashion. nonconforming uses is supposed to be the protection of rights vested in the owner of property 'caught', so to speak, by the initiation of zoning. This Court has held, however, that the right to a nonconforming use runs with the land, not the ownership thereof. Eitnier v. Kreitz Corp., 404 Pa. 406, 412, 172 A.2d 320, 323 (1961); see also, 8A McQuillin, Municipal Corporations s 25.191 (3d ed. Rev. Vol. 1965). Hence, the fact that in the instant case we have a change in an existing nonconforming use coupled with a change of ownership is of no moment under present Pennsylvania law. It is now this writer's own personal view, however, that such situations pose a threat to effective zoning without the mitigating factor of protection of property rights being present. Thus, it may well be that the Eitnier view, supra, could bear re- examination in light of the 'rationale' stated above, as well as for the very pragmatic reason of preventing trafficking in nonconforming uses (and thus thwarting the vitality of Pennsylvania zoning). Since the issue has been neither briefed nor argued in the instant case, we will not pursue it here. We next turn to the matter of the walk-in refrigerator, constructed by the Detweilers at the rear of the main building, and the drive-in area also constructed by appellants, both done under special exception granted by the Board of Adjustment. [4][5] We have consistently held that a lawful nonconforming use may be validly expanded by a reasonable accessory use which is not detrimental to the public health, welfare or safety. See Gross v. Zoning Board of Adjustment, 424 Pa. 603, 607, 227 A.2d 824, 826--827 *540 (1967), and cases cited therein. It is our conclusion that it is reasonable and usual for a retail beer distributorship to have a walk-in refrigerator and a small parking area (within the limits described here) on its premises, and the existence of these accessory uses on the premises involved will not be detrimental to the public health, welfare or safety. The order of the court below is reversed and the order of the Pottstown Zoning Board of Adjustment is reinstated. COHEN, J., did not participate in the consideration or decision of this case. ROBERTS, J., filed a dissenting opinion. DISSENTING OPINION ROBERTS, Justice. FN5. The rationale behind the allowance of In my view the majority incorrectly upholds the zoning Copr. © West 2002 No Claim to Orig. U.S. Govt. Works ,,,~HIBIT 233 A.2d 252 (Cite as: 426 Pa. 534, *540, 233 A.2d 252, **255} ,,CB 10/15/02 Meeting Page 4 board's conclusion that appellants' beer distributorship would be a permitted use by virtue of being a 'retail business' under Art. VII, s 701(3) of the Zoning Code. Both the findings of fact of the Board[FNl] and the Liquor Code's description of Detweilers' license[FN2] indicate that appellants sell to clubs, hotels and restaurants as well as to consumers. Insofar **256 as the former sales are concerned, Detweilers' business may hardly be classified as retail; for the clubs, hotels and restaurants themselves resell the beer purchased from Detweilers and do so under a 'retail dispenser's license.'[FN3] Surely, no more than one link in a chain of '541 distribution may properly be denominated retail.[FN4] Thus a significant portion of Detweilers' proposed use of the premises is nonretail. That being so, the zoning board committed an error of law in interpreting the ordinance's phrase 'retail business' to encompass Detweilers' proposed use. FN1. Act of April 12, 1951, P.L. 90, s 102, as mended, 47 P.S. s 1--102 (Supp.1966) (definition of distributor); Act of April 12, 1951, P.L. 90, s 431, as amended, 47 P.S. s 4--431 (b) (Supp. 1966). FN2. 'Applicants (Detweilers) sell beer by the case lots and kegs to individual patrons who call at the place of business, and, in addition, applicants make delivery by truck of beer in case lots or kegs to customers at their homes and/or customers' places of business, such as taprooms, social clubs, bars, etc.' FN3. Liquor Code, s 4-432(a), Act of April 12, 1951, P.L. 90, s 432, as amended, 47 P.S. s 4--432(a). FN4. See, e.g., Kerchner, Marshall & Co. v. Pittsburgh, 406 Pa. 158, 176 A.2d 645 (1962); Fineberg v. Pittsburgh School Dist., 415 Pa. 108, 202 A.2d 26 (1964). Accordingly, I dissent. 233 A.2d 252, 426 Pa. 534 END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 467 So.2d 751 10 Fla. L. Weekly 893 (Cite as: 467 So.2d 751) Page 15 ~HIBIT "C" 10/15/02 Meeting District Court of Appeal of Florida, First District. Frederick E. LEWIS and Joy K. Lewis, his wife, Appellants, V. CITY OF ATLANTIC BEACH, Florida, Appellee. No. AT-15. April 9, 1985. generally grandfather the continuation of existing nonconforming uses on property subject to the zoning classification. [3] Eminent Domain (S:='2(1.2) 148k2(1.2) Termination of grandfathered nonconforming uses may result in a taking for constitutional purposes unless the basis of such termination accords with applicable legal principles. Owners of property that had been leased for operation of a liquor lounge appealed from fmal judgment entered by the Circuit Court, Duval County, Gordon A. Duncan, Jr., J., in favor of city holding that city properly applied an ordinance to prohibit continued operation of lounge on that property. The District Court of Appeal, Zehmer, J., held that city was without authority to remove property from grandfathered stares and illegally refused to certify continued operation of alcoholic beverage establishment on property. Reversed and remanded. [4] Zoning and Planning (g:='336.1 414k336.1 (Formerly 414k336) Nonconforming uses may be eliminated by attrition, abandonment, and acts of God as speedily as is consistent with proper safeguards and the rights of those persons affected. [5] Zoning and Planning (S=~336.1 414k336.1 (Formerly 414k336) West Headnotes [ 1 ] Intoxicating Liquors ~ 59(1) 223k59(1) Record lacked competent, substantial evidence to prove that liquor lounge was voluntarily closed prior to date on which Division of Alcoholic Beverages revoked tenant's liquor license, and th~' city was without authority to remove property from grandfathered stares allowing lounge to operate even though it was in violation of ordinance prohibiting such an establishment if located within 1500 feet of any other establishment operating under a current alcohol beverage license and city illegally refused to certify continued operation of alcoholic beverage establishment on property. [2] Eminent Domain ~S::~2(1.2) 148k2(1.2) Application of zoning regulations to restrict an existing use of property, resulting in substantial diminishing of its value, may constitute a taking by the governmental agency which requires the payment of compensation under well- established principles of constitutional law; to avoid these consequences, zoning regulations Neither attrition nor abandonment occurs where a nonconforming use is interrupted or discontinued involuntarily by compulsion of governmental action. [6] Zoning and Planning ~:='337 414k337 Temporary cessation of a nonconforming use or the temporary vacancy of buildings used for the nonconforming use does not operate to effect abandonment of the nonconforming use. [7] Zoning and Planning ~:='336.1 414k336.1 (Formerly 414k336) Involuntary suspension of nonconforming use of premises for the sale of alcoholic beverages due to the loss of beverage license in admimstrative disciplinary proceedings does not constitute abandonment and terminate the grandfathered stares of such nonconforming use of such premises. [8] Zoning and Planning ~:=~381 414k381 Where property owners did not intend to abandon the Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 467 So.2d 751 (Cite as: 467 So.2d 751) .~(HIBIT "C" 10/15/02 Meeting Page 16 nonconforming use but, rather, they did all they could to continue such use on premises while city refused to certify that a permitted use of property included the retail sale, service, and on-premises consumption of alcoholic beverages, city illegally withheld certification that nonconforming use of premises could be continued by property owners. [9] Declaratory Judgment 118Ak395 Trial court's failure to declare rights of parties as requested by property owners in their complaint for declaratory relief filed in connection with city's application of ordinance to prohibit continued operation of liquor lounge on property required reversal and remand. [10] Eminent Domain ~:==2(1.2) 148k2(1.2) ordinance also provides, in section 3-8: Establishments in locations presently open for business and where a current valid alcoholic beverage license existed on the effective date of this ordinance shall not in any manner be affected by this part, nor shall any right of renewal of such licenses be altered or changed by the distance limitations or any other provision of this part. Lewis testified that he constructed the building on his property solely for use as a lounge. On the effective date of this ordinance, a valid alcoholic beverage license was held in the name of Richard Hoj, appellant's tenant, who was operating a lounge known as Casablanca in the building. The city admits that when the ordinance was adopted, even though the Casablanca was within fifteen hundred feet of another alcoholic beverage establishment, the nonconforming use was grandfathered in pursuant to section 3-8 of the ordinance. [10] Eminent Domain ~:=~266 148k266 Since grandfathered status of property had not been terminated by involuntary loss of tenant's liquor license, actions of city did not rise to the level of a taking or inverse condemnation requiring the payment of just compensation. *752 William G. Noe, Jr., and Paul M. Eakin, of Noe & Eakin, Atlantic Beach, for appellants. Claude L. Mullis, City Atty., Atlantic Beach, for appellee. ZEHMER, Judge. Frederick E. Lewis and his wife own property in the city of Atlantic Beach that for the past ten years has been leased for the operation of a liquor lounge. They appeal a final judgment in favor of the City of Atlantic Beach holding that the city properly applied an ordinance to prohibit the continued operation of a lounge on this property. We reverse. *753 On April 28, 1980, the city of Atlantic Beach adopted ordinance 10-80- 13, which amended chapter 3 of the city ordinance code regulating sale at retail, serving, and consumption of alcoholic beverages within the city. Section 3-6 of the ordinance prohibits an establishment from operating pursuant to an alcoholic beverage license if located within fifteen hundred feet of any other establishment operating under a current alcohol beverage license. The At some point in late July or early August 1981, Richard Hoj became the subject of an investigation by the State Division of Alcoholic Beverages which raised the possibility that he could have his beverage license revoked; so Hoj attempted to sell the Casablanca, including a sale or transfer of the beverage license. As a prerequisite to such sale, Hoj was required by the Division to obtain from the City of Atlantic Beach a statement that the property upon which the Casablanca was located was properly zoned for alcoholic beverage consumption. The city declined to give Hoj such a statement, contending that the property was located within fifteen hundred feet of another establishment serving alcoholic beverages and was thereby prohibited from being zoned to permit alcoholic beverage consumption. The city acknowledged that the property's nonconforming use had originally been grandfathered in when the ordinance was passed in April 1980, but maintained that the property lost that status because Hoj had closed the Casablanca and attempted to sell his business. On August 10, 1981, appellant Frederick Lewis appeared at a city commission meeting to join in the request with Hoj for zoning approval, but his request was denied by the commission, apparently on the same grounds. On September 3, 1981, as a result of its investigation, the Division ordered Hoj's alcoholic beverage license revoked. On or about September 17, 1982, Lewis made another request of the city commission to allow the reopening of an alcoholic beverage business on his property with an alcoholic beverage license in his name, contending that the Copt. © West 2002 No Claim to Orig. U.S. Govt. Works 467 So.2d 751 (Cite as: 467 So.2d 751, *753) ,~u~HIBIT 10/15/02 Meeting Page 17 property was not suitable for any use other than as a tavem. Again the commission demed this request based on the recently enacted ordinance imposing the fifteen hundred foot limitation. On September 30, 1982, Lewis filed a four-count complaint in the circuit court. Count one was styled as an action for declaratory judgment concerning the validity of applying section 3-6 of the ordinance to preclude the use of appellants' property as a tavern. Count two alleged an action for damages in excess of five thousand dollars on the contention that the city's refusal to perrm't the property to be used as a tavern had prevented appellants from renting the premises. Count three was an action to invalidate the ordinance because it violated plaintiffs constitutional fight of equal protection. Count four was voluntarily dismissed at trial. The matter was tried to the court without a jury, and the court entered fmal judgment in favor of the city of Atlantic Beach. The judgment contained no declaration of rights and merely provided: 1. The plaintiffs, FREDERICK E. LEWIS and JOY K. LEWIS, his wife, take nothing b)' this action and the defendant, *754 CITY OF ATLANTIC BEACH, go hence without day. 2. The Court retains jurisdiction to tax the costs of the defendant upon application therefor and proper notice. Appellants raise four issues on appeal: there was no evidence in the record proving the Casablanca was closed prior to the request of the city commission to certify to the property's zoning for an alcoholic beverage license. Accordingly, appellants urge, the property did not lose its grandfathered status and the 1500-foot limitation in the ordinance should not have been applied to curtail its use as a tavern. We have carefully reviewed the record and conclude that it lacks competent, substantial evidence to prove the Casablanca was voluntarily closed prior to September 3, the date on which the Division of Beverages revoked Hoj's license. The city, therefore, was without authority to remove appellant's property from a grandfathered status and illegally refused to certify to the continued operation of an alcoholic beverage establishment on the property. The city also attempts to support the trial court's judgment by arguing that because Hoj sought to obtain a completely new alcoholic beverage license on the Casablanca property, rather than merely a renewal or transfer of his existing license, its grandfathered status came to an end. The city construes section 3-8 as terminating the grandfathering provision of the ordinance whenever the operator of an alcoholic beverage establishment sells the business and a new operator attempts to take over the business pursuant to a new alcoholic beverage license. To avoid serious constitutional due process issues, we decline to approve that construction of the ordinance. 1. The judgment is erroneous because it is not supported by competent, substantial evidence. 2. The judgment must be reversed because the court failed to address and role upon the declaratory relief requested in the complaint. 3. The ordinance, as applied to appellants' property, violates their constitutional rights to equal protection and due process. 4. The court erred in not awarding damages to appellants. We fmd error on the first two issues, and reverse. [1] The city argued in the trial court, and argues on appeal, that the evidence "clearly established" that the Casablanca was closed by Hoj prior to August 10, 1981, the date appellant appeared before the city commission, and that such closing terminated the grandfathered status of the property under the city ordinance. Appellants, on the other hand, contend [2][3] The application of zoning regulations to restrict an existing use of property, resulting in substantial diminishing of its value, may constitute a "taking" by the governmental agency which requires the payment of compensation under well-established principles of constitutional law. 82 AnzJur.2d, Zoning and Planning, § 178. To avoid these consequences, zoning regulations generally "grandfather" the continuation of existing nonconforming uses on property subject to the zoning classification. State v. Danner, 159 Fla. 874, 33 So.2d 45 (1947). By the same token therefore, it is reasonable to conclude that the termination of such grandfathered nonconforming uses may result in a "taking" for constitutional purposes unless the basis of such termination accords with applicable legal principles. [4] We have been cited to no legal authority upholding the proposition that a municipality can terminate a grandfathered nonconforming use of property simply because the tenant and operating license holder of the establishment on the property undergoes a change. It is clear that the concept of grand fathered Copr. © West 2002 No Claim to Orig. U.S. Govt. Works 467 So.2d 751 (Cite as: 467 So.2d 751, *754) ,~XHIBIT "C" 10/15/02 Meeting ._, Page 18 nonconforming use relates to the property and the use thereof, not to the type of ownership or leasehold interest in the property. City of Miami Beach v. Arlen King Cole Condominium Assn., Inc., 302 So.2d 777 (Fla. 3d DCA 1974). The general rule is that *755 nonconforming uses may be eliminated by attrition (amortization), abandonment, and acts of God as speedily as is consistent with proper safeguards and the rights of those persons affected. Bixler v. Pierson, 188 So.2d 681 (Fla. 4th DCA 1966); 82 Ara~Jur.2d, Zoning and Planning, § 179. The property was not, of course, destroyed by an act of God. Attrition, or amortization, contemplates the eventual elimination of nonconforming uses by requiring the termination of such uses within or at the expiration of a specified period of time. 82 Am. Jur.2d, Zoning and Planning, § 188. The Atlantic Beach ordinance contained no specific time period for ending nonconforming uses. Cf, Peters v. Thompson, 68 So.2d 581 (Fla. 1953). [5][6][7] Abandonment occurs when the landowner intentionally and voluntarily foregoes further nonconforming use of the property. 82 Am. Jur.2d, Zoning and Planning, § 216. See generally, Annot., Zoning: Right to Resume Nonconforming Use of Premises After Involuntary Break in the Continuity of Nonconforming Use Caused by Difficulties Unrelated to Governmental Activity, 56 A.L.R. 3d 14 (1974). Neither attrition nor abandonment occurs where a nonconforming use is interrupted or discontinued involuntarily by compulsion of governmental action. Crandon v. State, 158 Fla. 133, 28 So.2d 159 (1946). See generally, Annot., Zoning: Right to Resume Nonconforming Use of Premises After Involuntary Break in the Continuity of Nonconforming Use Caused by Governmental Activity, 56 A.L.R. 3d 138 (1974). Temporary cessation of a nonconforming use or the temporary vacancy of buildings used for the nonconforming use does not operate to effect abandonment of the nonconforming use. City of Miami Beach v. State, 128 Fla. 118, 174 So. 443 (1937); Quinnelly v. City of Prichard, 292 Ala. 178, 291 So.2d 295 (1974). Accordingly, an involuntary cessation of the nonconforming use of a premises for the sale of alcoholic beverages due to the loss of a beverage license in administrative disciplinary proceedings does not constitute abandonment and terminate the grandfathered status of such nonconforming use of such premises. E.g., Green v. Copeland, 286 Ala. 341, 239 So.2d 770, 56 A.L.R.3d 134 (1970). [8] There is no evidence in the record indicating that appellants, as owners of the property in question, ever intended to abandon their nonconforming use. On the contrary, appellants did all they could to continue such use on the premises while the city refused to certify that a permitted use of the property included the retail sale, service, and on-premises consumption of alcoholic beverages. Appellants attempted to assist in the transfer of Hoj's license and, failing that, attempted to get a new license in their own or a new tenant's name, but were thwarted each time by the city's wrongful refusal to recognize a continuation of the nonconforming use. We hold that the city illegally withheld certification that the nonconforming use of the premises could be continued by appellants under these circumstances. See Daoud v. City of Miami Beach, 150 Fla. 395, 7 So.2d 585 (1942). [9] With regard to the second issue raised on appeal, the trial court erroneously failed to declare the rights of the parties as requested by appellants in their complaint for declaratory relief. This alone requires reversal and remand for the trial court to enter an appropriate declaratory judgment stating the rights of the parties. 7200 Corp. v. Town of Medley, 340 So.2d 1281 (Fla. 3d DCA 1977). See also, Coral Gables Federal Savings & Loan Assn. v. City of Lighthouse Point, 444 So.2d 92 (Fla. 4th DCA 1984). [10] With regard to the final argument raised by appellants, we find that the court did not err in refusing to award damages to appellants. We have not been cited to any authority which would support the right of appellants to obtain damages under the facts of this case. Since the grandfathered status of the property has not been terminated by the involuntary loss of Hoj's license, the actions of the city do not *756 rise to the level of a taking or inverse condemnation requiring the payment of just compensation. The judgment is REVERSED and the case REMANDED for further proceedings consistent herewith. ERVIN, C.J., and BOOTH, J., concur. 467 So.2d 751, 10 Fla. L. Weekly 893 END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works ~24 So.2d 337 (Cite as: 224 So.2d 337) _F~XHIBIT "C" District Court of Appeal of Florida, Second District. MARINE ATTRACTIONS, INC., a Florida corporation, Appellant, V. CITY OF ST. PETERSBURG BEACH, Florida, a municipal corporation, et al., Appellees. No. 69-56. June 25, 1969. Aquarium operator's action to enjoin city from preventing construction of amusement park under city zoning ordinance. The Circuit Court, Pinellas County, Ben F. Overton, J., dissolved the injunction, and an interlocutory appeal was taken. The District Court of Appeal, Mann, J., held that corporation which operated aquarium attraction as nonconforming use within 'tourist commercial' district was not entitled to build separate amusement park as accessory use. Affirrned. West Headnotes [1] Zoning and Planning ~::~332 414k332 Corporation which operated aquarium attraction as nonconforming use within "tourist commercial" district was not entitled to build separate amusement park as accessory use. [2] Zoning and Planning ~=~377 414k377 City's permitting construction of tanks used in aquarium operation and "museum of life" in connection with aquarium attraction, a nonconforming use within "tourist commercial" district, did not estop city from opposing construction of separate amusement park. [3] Zoning and Planning ~::~644.1 414k644.1 (Formerly 414k644) Corporation which desired to build separate amusement park adjacent to its aquarium failed to establish that city was estopped to oppose consmaction on theory that city officers had indicated construction would not be opposed. 10/15/02 Meeting Page 72 *337 Anthony S. Battaglia and Howard P. Ross of Parker, Battaglia & Ross, St. Petersburg, for appellant. William R. Ryan, St. Petersburg Beach, for appellees. In 1962 appellant erected the Aquatarium on a site zoned for 'sports or recreational activities.' Later the zoning ordinance was amended to include appellanfs land within a 'tourist commercial district' and to provide that within such a zoning classification *338 commercial amusements were to be permitted only as conditional uses after review by the Planning Board and approval by the City Council. In December of 1968 Marine Attractions obtained an occupational license to operate ~ciddie rides,' the fee therefor covering the operator, Marine Attractions, and ten devices. Early in January, the city took action to stop the erection of what seems a large-scale amusement park, with a fen'is wheel and other rides patronized, according to one witness, by kids 'from four to eighty-three.' Marine obtained a temporary injunction restraining the city from forbidding operation of its ~ciddie rides and devices.' After hearing testimony the trial judge dissolved the injunction and this appeal ensued. [1] Marine argues that the amusement park is a permissible extension of its original use of the property, which had become nonconforming. Our courts have allowed, sensibly, a previously existing business to change its mode of operating the same business as circumstances require. Milling v. Berg, Fla. App.1958, 104 So.2d 658. But this doesn't mean that a corporation operating an aquarium attraction can build a separate amusement park and describe it as a use accessory to the nonconforming aquarium [2][3] Appellant also argues that the city is estopped to forbid operation of the amusement park. Part of the estoppel argumem rests on allowance of construction after the zoning ordinance amendment of tanks used in the aquarium operation and the construction of a 'Museum of Life' which, like the amusement park, can be operated independently of the Aquatarium. The tanks might well be classified as accessory structures. The purpose of the building now housing the 'Museum of Life' was not disclosed in the application for building permit, and the legality of its operation is not involved in this litigation. The trial judge correctly held that the city is not estopped by this construction. Copr. © West 2002 No Claim to Orig. U.S. Govt. Works .~.XHIBIT 224 So.2d 33? (Cite as: 224 So.2d 337, *338) Then the appellant argues that the city manager, mayor and a city councilman, as well as the occupational license clerk, had indicated, after a less than candid disclosure of appellant's plans, that there would be 'no problem.' This aspect of the estoppel argument rests on conflicting testimony, after hearing which the trial judge ruled that the city officials acquainted by the appellant's agents with its plans were led to believe that the appellant contemplated installing the sort of kiddie rides usually found on supermarket sidewalks, put there to absorb a father's dimes and a child's attention while nC,, 10/15/02 Meeting Page 73 the mother shops. That £mding is supported and we cannot disturb it. See Rathkopf, Zoning and Planning, cc. 23, 59. Affirmed. LILES, C. J., and PIERCE, J., concur. 224 So.2d 337 END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works ,_.EXHIBIT "D" 10/15/02 Meeting._ REQUESTS AND COMMENTS ON DRAFr BETHESDA REZONING ORDINANCE 02-053 DATE FROM COMMENT/REQUEST OUTCOME 9/13/02 Tim Add language to allow for limited Requested Monaghan, access from SW 4th to accommodate language added to Esq.-Atty for unsafe conditions such as power lines, ordinance Sec 2 c. Bethesda Suggested language: Forwarded to staff That during construction on the for review property, neither the applicant, or its agents or assigns, will use $.tK 4th Street for ingress or egress, except for minimum use to complete the landscaping and improvements to the berm/pathway area. In response to a request by the contractor for the project, the Building Department may approve exceptions to this condition, as necessary to accommodate specific situations during the construction process where it is determined to be unsafe or unreasonable to require access from the east side of the property. Any such request and approval shall seek to avoid or minimize any disruption to the adjacent residential neighborhood. 9/26/02 Mike Rumpf Language requested by Monaghan Review with should be reviewed by Commission. Commission at Exceptions, if any, should not be second reading and reviewed solely by the Building public hearing of Department. Ordinance. 9/26/02 Tim Request for new language: Review with Monaghan Sec. 2 f- Applicant agrees to repair, at Commission at its expense, any damage sustained by second reading and adjacent properties which is caused by public hearing of its contractors, or its other agents or its Ordinance. employees, during the course of construction. ,~__EXHIBIT "D" 10/15/02 Meeting_. 9/30/02 Quintus Language requested by Monaghan puts Review with Green City and staff in untenable position. Commission at second reading of Ordinance. 9/30/02 Tim possible substitute language requested Review with Monaghan by Monaghan for the rezoning Commission at ordinance, tying it to the site plansecond reading of process rather than relying on Building Ordinance Official discretion: As part of the site plan process, the Applicant is directed to identify any additional instances in the construction of improvements wherein it may be necessary to access the property from SW 4th Street. Any such exception to this condition 2.c. shall be submitted to the Planning and Development Board which shall forward same to the City Commission with its recommendation for approval or denial as part of the site plan approval. Commission action on 10/1/02: Amend 2 e - add South S:\CA\OrdinancesXPlanningXBethesda~REQUESTS AND COMMENTS ON DRAFT.doc BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk priorr t~e stt e start of the City Commission Meeting. I J ,~rio~ Name /~/°'~ ~2 Address /[ / L. Telephone #, --~ ;~ Summa~ of Matter to be Addressed If a p~r~on decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105~ The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior t~o~'the start of the City Commission Meeting. Name ~ . ./~~ Address Telephone# ~~ / ] ] Summary of Matter to be Address~/~ ~J / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prio~x~t~0 the start of the City Commission Meeting. Name ~,~o.~ Address (~-q /~) ~- Telephone # Summary of Matter to be Ai If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105~ The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk pr~ior to the start of the Commissi~ul.~Me eting, f') ~ ~,~ ~City Name . I~-~~(~ 1~"~ ~ ~ ' ~ Address ~ ~ Telephone~ ~~ ~ ~ ~~ . Summa~ of Matter to be Addr~ ~~~ ~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk pr~o the start of the City Commission~eting.Name ~ ~/~; ~ ~-~ t~~/~ Address a ~ ~ff~ ~> ~ ~_. ~- Telephone # ~ ~2CJ ]~ ,~ ~ Summary of Matter to be A~~-~! ~('~ ~t~~'~ ~5--~'~r- ~ C;~"fi- ~:~---~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Commission Meeting. Name Address Telephone # ~~__ Sum~a~ of Matter to be Addressed .~topic per card, If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Name Address Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting .... Telephone, ~,~ ~ ~/~~f/~ Agenda, ~ [~ Summa~ of Matter to be l~essed - ic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City 8hall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone# ? 3~ ~ pTp'~ /. Agenda Snmmary of Matter to he ~. ~ed - {Ola~ per card} If a per~on decides to appeal any decision made by the City Comml~lon with reepect to any matter conaldered at thl~ meeting, he/ahe will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin~s made, which record includes the testimony and evidence upon which the appeal l~ to be based. {F.8. 286.0105} The City shall ftu-nish appropriate auxiliary aids and services where nece~ary to afford an individual with a dl~abllity an equal opportunity to parttcip~te in Ind enjoy the benefits of · seace, program, or activity conducted by the City. Pleae contact ~oyce Costello, 1~61} ?~2-~015 at least twenty-four hours prior to the program or activity in order tot the city to rea~onsbly accommodat~ your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and Live to the City Clerk prior to the start of the City Commission Meetin,. ~ff~ ~ ~~ t/~' ~ .... Name --/~'L CY~.O'~,'~ '~z,~;'. ~ ~.~ Ad.ess _ _l ~ ~ Telephone, q ~ V ~i~ / ~ ~ 3 .Agenda ~ Summa~ or ~atter to be td~esse~ {One topic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.8. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. Q BOYNTON BEACH CITY COMMISSION MEETIN~~~ PUBLIC COMMENT CARD AGENDA ITEMS . Fill in the info~i~ation called for below and give to the City Clerk prior to the start of the City Commission Meeting. Telephone ~ [ Agenda ~ Summits be Addressed - {One ~Pic per card} decision made by the City Commission with respect to any matter considered at this meett-.~, he/she will need a record of the proceedings and, for such purpose, he/she may need to enaure that a verbatim record of the proceedin~ is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA- PUBLIcfiDIENCE Fill in the information called for below and give to the City Clerk~rior to the start of the City Commission Meeting. ~../. ? / / /.~ Address ..~ff~ ,~ Summary of Matter to be Addr~ss2d /~/~~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinE, he/she will need a record of the proceedinEs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin[s is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate athxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, proEram, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the proEram or activity in order for the city to reasonably accommodate your request. Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the info~ihation called for below and give to the City Clerk prior to the start of the City Commission Meeting. Telephone Agend # V/CE V'//-!9 a Summary of Matter to be Addressed - {One topic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.8. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Pieas~ contact Joyce Costello, {561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address ~t~, X] ~ ~ ~) ~ Telephone # '? '~ '] -~ ~'~ ~ Agenda Summary of Matter to be Addressed - (One topic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinf, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561J 742-6013 at least twenty-fotLr hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address Telephone # Agenda # -~ ~ 2 Summary of Matter to be Addressed - {One topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.8. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address ~fi'~ ~e~/ Telephone # ~'~/~ Summary of Matter to be Addressed - {One topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name '~~ Address Telephone #~(-~ \~ '~ ~ ~--! I Agenda # Summary of Matter to be Addressed - (One topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate amtiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address Telephone # '~ ~ ~ ~ ~ 0 (~0 Agenda Summary of Matter to be Addressed - {One topic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinf, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING / PUBLIC COMMENT CARD C~'/")'C /. AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ~ · / Summary of Matter to be Addressed - {One topic per card} If a person decides to appeal any decision made by the City Commi~ion with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/She may need to ensure that a verbatim record of the proceedings is made, which record includea the testimony and evidence upon which the appeal is to be based. (F.8. 286.0105I The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (5611 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Merano Bay APPLICANT'S AGENT: Carlos Ballbe, Woodside Land Development Corporation APPLICANT'S ADDRESS: 4200 NE 15th Avenue, Ft. Lauderdale, FL 33334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Request site plan approval for 20 fee-simple townhomes on a 1.75 acre parcel in an IPUD. LOCATION OF PROPERTY: Southeast corner of North Federal Highway & Shore Drive 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 Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appli,cant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. o The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms DATED: S:~lanning~SH AR E D\W P',PROJ ECTS~M ERANO BAY~NW SP'tDO,doc and conditions of this order. ..%.o.,,, Other ~' ~- ',~\ -o_ Jllll Location Map Merano Bay EXHIBIT "A" 8OO LAKE WORTH ICWW $ BOYNTON CANAL C-16 800 Feet o~ < Ex_] Z~ D/ZN[~7 EXHIBIT "B" I~ LL EXHIBIT "B" ,, .,L, EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" i, EXHIBIT "B" ! · ~: i~i .,- ~ .... ii 'ON A17MHOIN '$'1~} g' Q'~O~ ]/VJ.S : EXHIBIT "B" z EXHIBIT "B" '~,)INOLLdO) ,8. ~NR ZI YGIb]O-'l-I 'Noya[a NOZN,kOIa 1"¢ A¥ia ONYbI~I,N EXHIBIT "B" I _i YQl~dO-l-_, 'NO¥:qE] NOIN~,OE] l'v' .k'v'E] ONYkt~Pl EXHIBIT "B" f c3~ 8: EXHIBIT "B" ¥C]IMO-]-q 'HC)¥~8 NO±N),08 J.'~' ,k¥80N¥~ EXHIBIT "B" EXHIBIT "B" I ~ti EXHIBIT "B" z ~; 'i ~ iliiI l|lh EXHIBIT "B" co !i EXHIBIT "B" z / ~ ~'J £ .L EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: NWSP 02-014 Reference: 2nd Review plans with a Planning & Zoning date stamp marking of September 24, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X accordingly. 2. Reference FDOT Standard Index 546 for the sight triangles along all collector X and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for Federal Highway. It is also necessary to check sight distances at the intersection of Shore Drive and Federal Highway to ensure there is no conflict with sight distances and the new privacy, wall on the north property line UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). In addition, the LDR, Chapter 6, Article IV, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants, both existing and/or proposed. 4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X and repairs, will be required where paverblock is placed within the utility easements. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 6. Sheet SP-1 of 1 refers to the relocation of several signs and power poles along X Federal Highway. Indicate where the signs will be relocated to and who will perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. X 9. Sections A-A, B-B, and C-C are indicated on Sheet DI of 1 but no typical X sections were found in the plan set. 10. Provide a detail for the paverblock driveways. X BUILDING DIVISION Comments: 11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor X plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Buildin~ Code, Section 11-4.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family X Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 13. The applicant should provide a tabular summary on sheet L-1 showing that X the site contains a minimum of 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to Infill X Planned Unit Development (LPUD) and the removal of two (2) units or a subsequent reclassification to the Special High Density land use classification which allows the proposed density. 15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. If a fence is required around the pool / clubhouse area, provide a detail of the X fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percentage amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). 18. Coordinate with the City Forester / Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. 1 fight-of-way. 19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require X separate review and approval by the CRA Board. 21. Provide a note on the plan stating that the proposed buffer wall will be X painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the X manufacturer's name and color code. 23. A 24-foot backup is required for units 1 and 20. A waiver is required. X 24. Staff recommends additional landscaping consistent with the overall X landscape plan at the end of the buildings to enhance the buildings faqade as seen from adjacent residential properties to the east. 25. To fully maximize the two (2) spaces provided in front of the buildings, staff X recommends adjusting the landscape material to allow a two (2) foot overhang. Conditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 26. Any proposed wall within the development shall be C.B.S. only. X 27. Increase the proposed garage openings to nine (9) feet in width. X 28. Increase the central green area around the pool to accommodate more X landscaping while maintaining minimum turning radius. 29. Enhance the side elevations of units gl and #20 adjacent to North Federal X Highway with the same architectural elements found on front facades 30. Enhance the rear elevations of buildings gl, #2 and #4 with similar features X (i.e., balconnettes, balustrades, mouldings, etc.) found on front facades. 31. Extend the base score line around the end facades of the purposed buildings. X 32. Staff to coordinate with the applicant the details of the waiver for the X driveway dimension on units gl and #20. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Omit #26 and #27. ~O49 X S:\Planning\SHARED\W P\PROJ ECTS\M ERANO BAY~NWSP\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Village at Quantum Park Lot 89B APPLICANT: Sara Lockhart with Calvin, Giordano & Associates, Inc., agent for Companies, Inc. APPLICANT'S ADDRESS: 560 Village Boulevard, Suite 340 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1,2002 TYPE OF RELIEF SOUGHT: Master Site Plan approval LOCATION OF PROPERTY: Quantum Park DRI Lot 89B DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. Westbrook 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 Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Location Map QUANTUM LOT 89-B GATEWAY BLVD EXHIBIT "A" r EXHIBIT IIBII EXHIBIT "B" f/ '"'- -'"" - r- -' ..................... i ..... ~ I I I I I . I I I I I I I I I I I I I I II ~ I I I I I I I , I~'~"'-',. , - ,' , ,- , · ,' , · I I I I ;I ,I I , i i I f I 26:/.,5 AM iu EXHIBIT "B-" r-" fz : ~T k i , , , EXHIBIT, "B" "i EXHIBIT t'B" ~OTOLONGOfl ~XHIBtT "B", ~L;~,NTLJ~ V~'L~,~,m~ ~ ~LJ,~,NTLJM ~, ~-C'~, SOTOLONGOZ~ EXHIBIT "B" VILLAGE AT ROYNTON BEACH\CAOD FILES\DRAW~NGS\LV-L. NDSCAPE_89B.OWG, 9/IZ/Z00; I~§+e 9:05:1/. Ar, l Reply to: . 1800 Eller Drive Suite 600 Fort Lauderdale, Florida 33316 (954) 921-7781 (954) 921-8807 fax 560 Village Boulevard Suite 340 West Palm Beach, Florida 33409 (561) 684o6161 (561) 684-6360 fax EXHIBIT "C" Calvin, Giordano Associates, Inc. Engineers Surveyors Planners July 17, 2002 Mr. Michael Rumpf, Director Planning and Zoning Department City of Boynton Beach 100 E. Boynton Beach Blvd. - West Wing Bo~vnton Beach, FL. 33435 RE: REQUEST FOR WAIVERS - QUANTUM VILLAGE AT QUANTUM PARK (RESIDENTIAL PORTIONS OF LOTS MU 83-88, ALL OF LOT 89B) Dear Mr. Rumpfi Pursuant to the City of Boynton Beach Code of Ordinances - Part III - Land Development Regulations - Chapter 2- Zoning, Section 7- Planned Industrial Development District, and Chapter 2, Section 11 - Supplemental Regulations, waivers are hereby requested for Quantum Village at Quantum Park. The waivers will pertain to lots MU 83 through MU 88, located north of Gateway Boulevard, west of High Ridge Road, and Office/Industrial Parcel 89B, located north of Gateway Boulevard, east of High Ridge Road. A Notice of Proposed Change and Master Plan Amendment have been filed simultaneously with the City to convert Parcel 89B from office to mixed use. BACKGROUND/HISTORICAL PETITION INFORMATION: Quantum Park is a Development of Regional Impact approved in 1984. The Development Order granted for the park has been amended since its original adoption. The amendment that allows residential land uses within the Park is Amendment No. 10 that "simultaneously increased the commercial intensities and decreased thc office and industrial intensifies. The simultaneous increasing and decreasing of the land use intensities resulted in no additional regional impact most notably by not increasing the total traffic generated" (Quantum Park Annual Status Report - March 2002). Parcels MU 83 through MU 88 have Master Plan approval that will allow development of the proposed commercial and residential land uses. The commercial land uses will face Gateway Boulevard and the balance of the property will be developed as townhomes. The action required by City Council to accomplish this request is granting of the waivers outlined later in this letter. A master plan amendment and Notice of Proposed Change have been submitted for Parcel 89B that need to be approved prior to the granting of waivers to allow the townhomes proposed for the parcel. WAIVERS ~ SUPPORTING JUSIFICATION: BeloTM is a list of the waivers and supporting justification from the City of Boynt0n Beach Code of Ordinances Part Ill - Land Development Regulations Chapter 2 - Zoning, Section 7 - Planned Industrial Development District and Section 11 - Supplemental Design Standards. Mr. Michael Rumpf, Director City of Boynton Be~ch EXHIBIT "C" Page 2 July 17, 2002 Part III - Ch. 2, Section 7 - H. Design Criteria: 15. Distance between buildings: Waiver of 5 feet to allow a reduction in the minimum distance from 25 feet to 20 feet. This waiver applies only to Parcel MU 87. Justification: This is a residential pod that would typically be subject to the regulations contained in the R-3 Multifamily Zoning District, which requires only a twenty-foot minimum building separation. The twenty five foot building separation required in the PIDD applies to industrial or commercial buildings that are allowed by Code a greater Floor Area Ratio and building height that what is contemplated with this two story town home development. It is also important to note that the City's code contemplated the separation would apply to buildings being on the "same lot or parcel of land" whereas the town homes will be fee simple ownership. The town house design presented based upon the twenty-foot separation is typical for a residential project, and in some jurisdictions, less building separation is actually required. Part III - Ch. 2, Section 7 H. Design Criteria: 16. District setbacks: Waiver of I0 feet to allow a reduction in the rear yard setback from 30 feet to 20 feet. This waiver applies only to Parcel 89B. Justification: This waiver will apply to fourteen town homes located along the north property line of Parcel 89B. The reduction in width is located on the rear property line in a remote area of the overall project. This reduction is therefore the least disruptive to the design of the overall project, which provides for greater open space and building separation in other areas of the parcel. The adjacent land uses already exist and screening of the town homes from those adjacent uses has been addressed in the landscape plan by the provision of a wall and landscape material. Part III -~Ch. 2, Section 7 H. De~sign.C.~riteria: 17: Perip~beit: to 30 feet (L ~o~__~J88);~ver of Yfeet to allow a reduction-in the periphe u e 5-~ Justification: Lots MU 83, 87 and 88 are adjacent to an area that carries a non-conforming residential zoning district although the underlying Comprehensive Plan land use designation is Industrial. The purpose of the 40-foot buffer was to shield the residential land uses located on the west property line of the Park from future residential development. The anticipated development pattern for the Park was non- residential; however, changes made to the DRI Master Plan now allow 'residential land uses within the park reducing the potential for land use conflicts along the perimeter of the park that the forty foot buffer requirement was supposed to address. Although the future land use designation of the parcel adjacent to MU 83, 87 and 88 is industrial, it is questionable if the property will actually develop as such based upon the amount of land area that remains within Quantum Park that is more readily available. The north property, line of Parcel 89B would normally require a 25 foot buffer. The reduction of the buffer width reduce~ the potential for other waivers within the parcel, such as building setbacks or parcel setbacks. The uses adjacent to the park in this area have already been established and the town homes can be adequately screened as depicted on the landscape plan. · Mr: Michael Rumpf, Director City of Boymon Beach Page 3 July 17, 2002 EXHIBIT "C" Part III Chapter 2, Section 11 - Supplemental Regulations, H. Provision of off-street parking spaces - No. 2 Waiver of 3 feet to allow a reduction in the minimum 12-foot width required for the first parking space (applies to MU 83 through MU 88 and Parcel 89B) Justification: This regulation requires the first required parking spaces that arc not within a garage to be a minimum of twelve feet in width. It is questionable if this provision should apply. The regulation states that "for all required residential district parking spaces not within an enclosed garage, the first parking space shall be a minimum of twelve feet". All of the town home units have a single car garage. Therefore, the parking space outside of the garage is technically the second space. Notwithstanding this variation, a waiver is requested that reduces the "first spacc" to 9 feet in width for units that have a single car driveway in front of the garage. The three-foot reduction allows for more open space and landscaping in the front yard, enhancing the overall appearance of the community. The single car driveway provides sufficient maneuvering area because the length of the space is twenty feet, which is two feet longer than required by code. This allows thc. vehicle to be situated fully within thc driveway, and prevents any overhang of the vehicle into thc sidewalk. Since these are private driveways, there is not turnover of vehicles using the space. It should also be noted that a portion of the units have been designed with a 19 foot wide drive aisle and therefore thc waiver will not pertain to all of thc spaces. If you have any questions regarding this request for waivers, please call me. Best regards, CALVIN, GIORDANO & ASSOCIATES, INC. / Sam Lockhart, AICP Planning Administrator EXHIBIT "D" Conditions of Approval Project name: Quantum Village ~ Quantum Park Lot 89B File number: SBMP 02-003 Reference: 2nd review plans identified as Subdivision Master Plan with a September 5, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, a Permit to Construct within the Public Right- X of-Way, issued by the Engineering Division of Public Works, will be required for work on Gateway Boulevard. Permits may also be required from Palm Beach County and the Quantum Park POA for work on High Ridge Road and Gateway Boulevard. 2. At the time of technical site plan review, relocate the "transition" (three to two-lane northbound) on High Ridge Road (adjacent to Lot 89B) north, so that the three-lane section extends to the north property line of Lot 89B. This is to prevent turning movement and stacking conflicts for X traffic entering the east and west residential developments. Show proposed off-site roadway improvements (signing, striping, curb, curb & gutter, pavement, etc.) for High Ridge Road and Gateway Boulevard. 3. At the time of technical site plan review, extend the medians on High Ridge Road and, as necessary, on Gateway Boulevard, in accordance with X FDOT specifications to guide traffic into the proposed ingress lanes. UTILITIES Comments: 4. At the time of technical site plan review, the LDR, Chapter 3, Article IV, X Section 3.0 requires master plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. FIRE Comments: COA 09/25/O2 2 DEPARTMENTS INCLUDE REJECT 5. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 6. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 7. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Attached) 8. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Ot~erations, Section 5-4.3. POLICE Comments: None ENGINEERING DIVISION Comments: 9. Provide a list of all easements within the project(s), including legal X descriptions that will require abandonment for review and approval. BUILDING DIVISION Comments: 10. Identify within the site data the finish floor elevation (lowest floor X elevation) that is proposed for the/each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction COA 09/25/02 3 DEPARTMENTS INCLUDE REJECT development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 11. On the drawing titled site plan, identify and label the symbol that X represents the property line. 12. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 13. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 14. Since this development is classified as a single family attached X development, the City charges the applicant a Park and Recreation Impact fee of $771.00 per dwelling unit. The fee for the 39 units would be $30,069. Payment shall be made prior to the issuance of an applicable building permit. FORESTEIUENVIRONMENTALIST Comments: 15. The applicant should provide a flora and fauna survey of the property. X 16. The applicant should provide a tree survey of the property_. X 17. The applicant should provide a tree management plan indicating the trees X that will be preserved, relocated and removed/replaced on the site. This information should be indicated on the Landscape Sheet L-1. PLANNING AND ZONING Comments: 18. The approval of this master plan is contingent upon approval of the X COA 09/25/02 4 DEPARTMENTS INCLUDE REJECT request to change the DRI Master Plan designation to Mixed Use (MU) in NOPC # 13. 19. The required backup dimension for 90-degree parking spaces is 27 feet. X The residential portion of the site plan shows that the backup area for the guest parking will be accomplished via the development's internal roadway, which is only 22 feet wide. Revise the plan so that the dimension is 27 feet in order to comply with Engineering Drawing No. B- 90013. The project will require public notices and advertisement of any new waiver request (if the backup dimension remains at 22 feet in width). 20. Prior to building permit, applicant must submit Technical Site Plans for X each phase (Chapter 2, Section 7.P.). 21. Submit an Environmental Assessment Study at the time of Technical Site X Plan review. 22. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of 10 feet to allow a reduction in the rear yard setback X from 30 feet to 20 feet. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 23. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer X from 25 feet to 5 feet along the northern property line. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 24. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of three (3) feet to allow reduction in the minimum 12 feet width required for the first parking space not within an enclosed garage. This area should be free from obstruction to allow for free and safe movement around vehicles. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. 25. The applicant is requesting approval for a waiver from the Land X Development Regulations Chapter 2, Section 7.H.15 - Requesting Waiver of five (5) feet to allow a reduction in the minimum distance between buildings, from 25 feet to 20 feet. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. COA O9/25/O2 5 DEPARTMENTS INCLUDE REJECT 26. On sheet "SP-I" tabular data, indicate that 29 units (rather than 30 units) X will have 1-car driveways and change its corresponding number of provided parking spaces. 27. Final landscaping will be determined at the time of technical site plan X approval for each phase. 28. The north and west landscape buffers of the proposed project must be X consistent with the adopted Quantum Park buffer plan (i.e. tree species, quantity, planting pattern). X 29. Provide a letter of approval from the Quantum Park Architectural Review (satisfied) Committee prior to the Planning & Development Board meeting. 30. On the site plan, indicate the easement location and submit for a replat, if X required by the Engineering Division. 31. Prior to the issuance of any permits, the Palm Beach Traffic Division X must approve the traffic study. 32. The residential site plan (sheet SP-1) tabular data should indicate the X dimensions of the outdoor patio area. This may impact the impervious / pervious area when the project is eventually built-out. In addition, the plan should show the outline of each concrete patio. The tabular data on the site plan should itemize the percentage of impervious area for the concrete patio at built-out. 33. No signage is shown on the plans. Project signage will require separate X review and approval of the Planning & Development Board. At this time, all signage must be consistent with the master sign program for Quantum Park. 34. No specifications were given for the landscape material. The landscape X material used must meet the minimum specifications as required in Chapter 7.5 of the Land Development Regulations. 35. According to Chapter 7.5, Article II, Section 4.P, at least 50% of the X landscape material must be native species. The landscape plan tabular data must indicate the number and percentages of native plants (see Exhibit "D" - Conditions of Approval). 36. If approved, staff recommends that the residential component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of towers and more diverse roof articulation, similar X window style and size variations, the use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordingly with the addition of score lines or other design COA 09/25/02 6 DEPARTMENTS INCLUDE REJECT accents. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 37. Revise # 2 to read: At the time of technical site plan review, ~etoeate X redesign the "transition" (three to two-lane northbound) on High Ridge Road (adjacent to Lot 89B) north. This is to prevent turning movement and stacking conflicts for traffic entering the east and west residential developments. Show proposed off-site roadway improvements (signing, striping, curb, curb & gutter, pavement, etc.) for High Ridge Road and Gateway Boulevard. 38. Revise # 3 to read: At the time of technical site plan review, extend the medians on High Ridge Road and, as necessary,~..~ ~..~,,.., ....... ~v,.~,~.~r~'a ..... ~, X in accordance with FDOT specifications to guide traffic into the proposed ingress lanes. 39. Revise # 9 to read: At time of Technical Site Plan Review, provide a list X of all easements within the project(s), including legal descriptions that will require abandonment for review and approval. 40. Revise # 16 to read: At the time of Technical Site Plan review, the X applicant should provide a tree survey of the property. 41. Approval of waiver from the Land Development Regulations Chapter 2, X Section 11.H.2. to allow a reduction in the rear yard setback from 30 feet to 20 feet subject to addition of 6 foot high masonry wall with clustering of palms along north boundary. (See # 22) 42. Approval of a waiver from the Land Development Regulations Chapter X 2, Section 11.H.2. - to allow a reduction in the peripheral buffer from 25 feet to 14 feet along the northem property line. (See # 23) 43. Prior to the issuance of any building permits, the Palm Beach Traffic Division must approve the traffic study. X 44. Revise # 36 to read: If approved, staff recommends that the residential X component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of similar window style and size variations, the use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordingly with the addition of score lines or other design accents. ADDITIONAL CITY COMMISSION COMMENTS: Comments: COA 09/25/02 7 DEPARTMENTS INCLUDE [ REJECT 45. To be determined. ~[11~ ~ MWR/elj S:~Planning~SHARED\WP\PROJECTS\QuantumPark & Village\SBMP 024)03 lot 89\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: The Harbors Jennifer Morton - Land Design South 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval to construct 51, three (3)-story townhouse units on a 3.208-acre parcel. LOCATION OF PROPERTY: 2300 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. l__ 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, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The App. l~ant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED DATED: This Order shall take effect immediately upon issuance by the City Clerk. All further development on the pr.qt~.~i~,~.~ made in accordance with the terms and conditions of this order. .,¥ ~, ' ,.. ~ ~ Other ~ ~ [~v ~ ~ ~ ., Location Map EXHIBIT"A" The Harbors ---N_E_2_5_-TH_-AV_E_ ~- PUD ~ LL R3 FST_ ,;C3 R3 REC LAKE WORTH/ ICWW N EXHIBIi- 'B" I III Ill I lc iI .ll,,,ll, ,11 ilP,,IBJ~ !i~!~11]] III!Iii '1 lil l~l '~' § ,' I' ~'jil'III :l., ~1 Il ! il- A I BOUNDARY At, ID TOPOGRAPHIC SURVEY (P.~ 1. ~ 81. P~) EXHIBIT B" © I'"tATC::I..II_IN~ A - 5~E 51-1E1=? 2 THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH, FLORIDA ILAND~/~. DESIGN~ SO_.,.UTH~~I~ ,TI THE HARBORS PREPARED FOR CENTEX HOME8 CITY OF BOYNTON BEACH, FLORIDA ILAND~IIF~. DESIGN ~ml~ SO...UTH~ EXHIBIT "B" THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH, FLORIDA IDESIGNI~ SO~,..UTH~ EXHIBIT "B" PREPARED FOR CENTEX HOMES _ C,T¥ o~: eO¥.TO, eE...C.. Ft.O.,O^ SOUTH~II~I 1 ! EXHIBIT "B" THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH. FLORIDA ILAND~IF~ DESIGN JJJ]~J SO,...UTH~ 171 I ) EXHIBIT "B" THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH, FLORIDA JLAND~/'~. DESIGN~ SO....UTH~~I~ EXHIBIT "B" ~,Jz :~/~ ~lj[~-~lJ'l!J!lJjJjJJJJJJ'jtJJj : ~ ii ~t1~ !ll~Tfflllllllll'~ Ill '--'~'~ ........ ~_'-,--~.m~ 6-UNIT BLDG. BLDG.~ THE HARBORS BOYNTON BEACH, FLORIDA CENTEX HOHES EXHIBIT "B" -- r CENTEX H OldIES EXHIBIT "B" -- !i~lll ! i ,il!ti L,. 6-UNIT BLDG. BLDG.# THE HARBORS SOYNTON BEACH, FLORIDA EXHIBIT "B" 6-UNIT BLDG. BLDG.# THE HARBORS BOYNTON BEACH, FLORIDA EXHIBIT "B" 6-UNIT BLDG. THE HARBOR~ BOYNTON BEACH, FLORIDA EXHIBIT "B" CENTEX HnHE5 EXHIBIT "B" : ii ~ .. ~ 5-UNIT BLDG. CENTEX HDIvlES 1'3-0:3-2002 10:35 CENTEX ~0,~ ~ EXHIBIT "B" EXHIBIT "B" I~1~1111,'1~ ~ I~l,,I;///I,'/~ i~ I! .% LOOR PLANS : ! 5-UNIT BLDG. CENTEX HOMES EXHIBIT "B" 5-UNIT BLDG. I CEN?E~ HOI~ES EXHIBIT "B" -- 4-UNIT BLDG. BLDG. # THE HARBORS BOYNTON BEACH, FLOR[DA CENTEX HOMES EXHIBIT "B" 4-UNIT BLDG. B~DG. # THE HARBORS BOYNTON BEACH, FLORIDA I~ENTEX HI2HE~ EXHIBIT "B" 4-UNIT BLDG. BLDG.~ T~E ~ARBORE BOYNTON BEACH, FLORIDA CENTEX HOllIES EXHIBIT "B" j EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-012 Reference: 3rd review plans identified as a New Site Plan with a September 24, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article III, Sections 11, 12 14, and 16, X widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article III, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article HI, Section X 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE Comments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that they wilt be installed, completed, COA2 10/09/02 2 DEPARTMENTS INCLUDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1.a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be submitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the proposed POA documents shall be submitted for review X and approval concurrent with the plat process. 11. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 10/09/02 3 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. X 14. Provide written and ~raphic scales on all sheets. X BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right-o£-wav or easement. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wail, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X pro)ect. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building X permit. 21. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right- of-way. FORESTER/ENVIRONMENTALIST COA2 10/09/02 4 DEPARTMENTS INCLUDE REJECT Comments · 22. The applicant must identify and quantify the existing trees on the site as X shown on the survey sheet #1. 23. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees "required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X not meet the 50% 'native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Conunents: 31. Place a note on all the primary landscape plan indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 32. The site data on sheet "SP 1 of 2" indicates that 110 parking spaces are X COA2 10/09/02 5 DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J. 1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 41. The buffer wall along the north property line acts as a "terminating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. COA2 10/09/02 6 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered '~tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3rd floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) into the design of the townhouse units that face (front and/or side faqades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further increasing the distance between buildings X (paseo areas) to allow for additional amenities and landscape material. 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: COA2 ! 0/16/02 7 DEPARTMENTS INCLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter 1, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X western property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building #1 and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed first floor color (Sherwin Williams #1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 61. The proposed freestanding outdoor lighting fixtures shall be type "A" X rather than type "B". 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. COA2 10/16/02 8 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 64. Omit #54 and #62. X MWR/elj S:\Planning\SHARED\WP\PROJECTS\Tho Harbors\NWSP 02-012\CO.A2.OocS:\Planning\SHARED\WP\PROJECTS\The Harbors\NWSP 02-012\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: GATEWAY TEXACO (ADAP 02-001) APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 NE 16t' Street., Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002 TYPE OF RELIEF SOUGHT: Administrative Appeal LOCATION OF PROPERTY: 2360 Nor-th Federal Highway DRAWING(S): SEE EXHIBIT "A", "B", "C", "D", "E" 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 Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby .~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the prope,r~t~],.be made in accordance with the terms and conditions of this order. 7. Other DATED: /0-1~'-~ ~-~!~- ~ .... ~ "~' ....... ;~t_' y.,,.,~erk J :\SH RDATA\Plan ning\SHARED\WP\FORMS\B~,~,,.~,,,.~"~:~er\Develop. Order Form-2001- Revised.doc ~lllllllit~tt' July 16, 2002 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION Building · EXHIBIT A Planning & Zoning · Occupational Licenses · Community Redevelopment Mr. Beril Kruger Planning & Zoning Consultant 9 Northeast 16th Street Delray Beach, FL 33444 Subject: I) Expansion of Texaco Gas Station at 2360 N Federal Highway 2) Driveway Connection fi.om Texaco Station and Approved Car Wash Project Dear Mr. Kruger: The intent of this letter is to clarify information provided to you in a previous letter dated June 14, 2002. Please be informed of the conclusion reached that pursuant to the Land Development Regulations, Chapter 2, Sections "D" and "G", the above-referenced changes are prohibited due to the their involvement with a non-conforming use. However, with respect to item #2, the physical connection could only occur through a recorded access easement that would connect the car wash parcel to the northernmost gas station driveway at Federal Highway. Of course th_is is contingent upon all modifications to the Texaco site being code-compliant. These changes should be processed as a minor modification request to the existing site plan which is described by the attached fact sheet. Please be sure to include all site/tabular data on the revised plans including the tabulation of required and provided parking, and aisle and parking space dimensions. Please be informed that you may not proceed with item #1 due to it involving the physical expansion of a non-conforming use; however, this clarifying letter should be construed as the final admirfistrative decision to which you would file an appeal in accordance with the Land Development Reg'ulations, Chapter I, Article VII, Section 1. If you still desire to appeal, please provide this office with a revised application (letter) for appeal which we will apply to the same fee, and application file that has been recently created. If based upon this letter you no longer prefer to file an appeal, please inform me of same in writing so that your application can be closed. Please be reminded of the filing requirements to appeal and contact me should you have any questions. Sincerely, Michael W. Rumpf Director of Planning and Zoning MWR:jdc CC: Kurt Bressner Attachment S:'Planning~SF,~'kRED\WP~CORRESDCorresp A thru L',Kruger. Benl Re Texaco Station Expa~ion.doc City of Boynton Beach - 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Phone: /561) 742-6350 · vvww. ci.boynton-beach.or Reference Page I o1'4 EXHIBIT B L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOI,INE OR GASOLINE PRODUCTS. 1. Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type, including convenience stores and automotive service stations. The development standards established by this section would overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, which engage in the sale of gasoline or other motor fuels, shall require conditional use approval. 2. Definitions. For the purpose of this ordinance, the folloxving definitions shall apply: Ancillary building or structure. A building or structure incidental to, subordinate to and subservient to the principal building or structure located on the premises. Ancillary use. A use incidental to, subordinate to and subservient to the principal use of the premises. Automotive service station. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. Convenience store. Any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience store" does not include a store which is solely or primarily a restaurant. Gasol#te dispensing establishments. Any commercial enterprise, including automotive service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to the public. Grade separated intersections. Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. 3. Development standards ~vhich apply to all gasoline dispensing establishments except those described under Subsection 4. of this section below: a. Location. (1) All gasoline dispensing establishments not determined to be ancillary uses as described in Subsection 4. belo~v, shall be located only at the intersection of any combination of the following roads as designated in the Boynton Beach Comprehensive Plan: County arterial, State arterial, Local collector, or County collector. http://wwxv.am~ega.../24fa?f=temp~ates&fn=d~cument-frame.htm&q=gas~ine&x=Simp~e&2. 9/3/2002 Reference Page 2 of 4 (2) Gasoline dispensing establishment shall only be located at any intersections consisting of roads of four (4) lanes or wider. (3) The maximum number of gasoline dispensing establishments located at any intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal comers of permissible intersections. b. Minimum plot size: thirty thousand (30,000) square feet. c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the intersecting right-of-way lines of the public streets. d. Driveways (1) No drive~vay shall be located less than one hundred ten (110) feet fi'om the intersecting right-of-way lines of public streets. (2) feet in width. (3) line. (4) Drivexvays shall be a minimum of thirty (30) feet and a maximum of forty-five (45) Driveways shall not be located less than thirty (30) feet from any interior property Driveways will be limited to one (1) per street frontage. e. Setbacks. Setback requirements shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-=o-round storage facilities. (1) Front -- 35 feet. (2) Side -- 20 feet. (3) Rear-- 20 feet. (4) Other: (a) No canopy shall be located less than twenty (20) feet from any property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (c) The entrance to a building wherein motor vehicles are xvashed by mechanical means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline dispensing establishments. Car washes shall: 1. be fully automatic; 2. recycle all water used in the car ~vashing process. f. Buffers. (1) A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover. (2) Interior property lines. http://w~wv.amlega.../24 fa? f=templates& fn=document_ frame.htm&q=gasoline&x=S imple&2. 9/3/2002 Reference Page 3 0£4 (a) A ten-foot wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from a residentially zoned property, the buffer shall contain a six-foot concrete ~vall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height ~vith three-inch caliper every forty (40) feet; and =o-roundcover. 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. 1. The wall shall be kept in good repair and appearance at all times. 2. Openings with gates may be allo~ved ~vhere deemed appropriate by the City Commission. o Design criteria. ,...~ · (1) Ail gasoline dispensing establishments located on desi=o-nated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved desi=o-n plan of the principal center. (2) Gasoline dispensing establishments shall conform to the community design plan. (3) All gasoline dispensing establishments shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the premises. h. Conditional use. Gasoline dispensing establishments are hereby designated as a conditional use as that term is defined in Section 11.2. i. Distance separation requirements. No gasoline dispensing establishment shall be located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of this subsection shall be measured from the boundary line of the parcel on ~vhich the gasoline dispensing establishment is located to the closest boundary ~vall of the residential structure. (4) As to all gasoline dispensing establishments that are an ancillary use located or operated in or from an ancillary building or structure ~vithin a parcel of land of not less than ten (10) acres within a "Planned Commercial District" (PCD) governed by Section 6.F. of the City of Boynton Beach Zoning Code, and which gasoline dispensing establishment is operated by the person(s) or entity(s) that operates the principal use located on such parcel of land; and do not meet all of the requirements set forth under Subsection 3., above, the following shall be applicable: a. Setbacks. Setback requirements shall apply to all structures on the portion of the property on which the gasoline dispensing establishment is located, including the primary structure for the gasoline dispensing establishment, or any accessory structures such as above ground storage facilities. (1) Front - 35 feet. (2) Side - 20 feet. (3) Rear - 20 feet. http://w~wv.amlega.../24fa? f=templates& fn=document- frame.htm&q=gasoline&x=S imple&2. 9/3/2002 Reference Page 4 oi'4 (4) Other: (a) No canopy shall be located less then twenty (20) feet from any property line. property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any (c) No gasoline pump island or canopy shall be located less than two hundred (200) feet from any public right-of-way. (d) No gasoline dispensing establishment shall be located within two hundred (200) feet from a residential structure. Distances for the purpose of this subsection shall be measured from the closest gnsoline pump island or canopy of the gnsoline dispensing establishment to the closest boundary wall of the residential structure. b. Buffers. Except for permitted drive~vay openings, a five (5) foot wide landscaped buffer shall be located around that portion of the parcel of which the gasoline dispensing establishment is located. When the buffer separates the portion of the property on which the gasoline-dispensing establishment is located from a residentially zoned property, the buffer shall contain a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at the time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and g-roundcover. When the buffer separates the portion of the property on ~vhich the gasoline dispensing establishment is located fi.om other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. (1) The wall shall be kept in good repair and appearance at all times. (2) Commission. Openings with gates may be allowed where deemed appropriate by the City c. Design criteria. (1) All gasoline dispensing establishments under this Section 4. shall conform to the community design plan. (2) No gasoline dispensing establishments under this Section 4. shall be permitted to advertise product pricing on the site sign identifying the primary tenant or occupant. (3) All gasoline dispensing establishments under this Section 4. shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises. d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal tenant of a planned commercial district are hereby designated as a conditional use as that term is defined in Section 11.2. http://www.amlega.../24fa? f=templates& fn=document- frame.htm&q=gasoline&x=S imple&2. 9/3/2002 Ret'erenc.e Page l or'2 D. NONCONFORMING USES OF STRUCTURES. EXHIBIT C 1. The nonconforming use of a building or other structure may be extended throughout any part of the building or structure which was clearly designed and intended for such use at the date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use n'my be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, xvhich xvas not used for such nonconforming use at the effective date of the adoption or amendment of these regulations. 2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such ~vork does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. E. NONCONFORMING STRUCTURES. The lawful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the building and site regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure or building used for a nonconforming use) may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent to xvhich the structure or building is in violation of applicable regulations. A nonconforming structure or building may be added or altered if such alteration or addition does not in itself constitute a further violation of existing regulations. F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current assessed valuation as determined by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these Land Development Regulations. G. CONTINUANCE, DISCONTINUANCE OR CHANGE OF NONCONFORMING USE. 1. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was la~vfully issued pursuant to Chapter 20 of the Land Development Regulations, and upon ~vhich construction has actually begun pr/or to the effective date of the adoption or amendment of these regulations. http://w~vw.amlegal.com/boynton_beach_fl/lpex.../262d? fn=document_ frame.htm&f=template 9/3/2002 Reference Page 2 o£2 2. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. 3. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. http://wxvxv.amlegal.corn/boynton_beach_fl/lpex.../262d? fn=document_ frame.htm&f=template 9/3/2002 I r = ler planning and zoning consultants EXHIBIT D July 31, 2002 Mr. Michael W. Rumpf, Director Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-O310 RE: Expansion of Texaco Gas Station at 2360 N. Federal Highway Dear Mr. Rumpf: Please let this letter serve as a request to appeal your decisions to the City Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway. A. Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage; 1. The expansion of the convenience store (by an addition to rear of 600 sq. ft.) for dry storage only does not increase the non-conformity of the existing facility and or its current use. The sale of gasoline (non-conforming use according to the Boynton Beach Zoning Code) at this location will not be increased. Many people shop at this convenience store that do not purchase gasoline. We are ready to show the difference in sales between the customers just purchasing gas, just purchasing groceries and purchasing gas and groceries. The closest grocery store to t.his location is the Winn Dixie at Hypoluxo Road and U.S. Highway 1, which is over a mile away. This convenience store is located within a short distance to numerous residential subdivisions along the east and west side of N. Federal Highway between the C-15 Canal and Hypoluxo Road. The location of this convenience store makes it very convenient for these people to shop at this store who do not need gasoline. Many people just shop in this store to purchase milk, cigarettes, soda, and other products where if this convenience store were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie, using unnecessary gas, putting additional traffic on the roads, and polluting the air needlessly. Many people living in this area come to the convenience store by bicycle. It would be doing a disservice not to allow the addition on the rear of this building for dry storage only. Building an addition on the rear of the convenience store just for dry storage is not only a necessity for Mr. Marouf, but it may possibly cause him to go out of business if it is not allowed. Mr. Marouf had purchased a trailer, which is parked adjacent to rezoning concurrency conditional use, special exceptions, DRC approval site plans annexations comp plan amendments, variances (county, state, municipal) abandonments palm beach broward dade & all counties & cities in florida 9 northeast 16th street * delray beach, florida 33444 (561) 265-4983 * fax (561) 265-4611 * e-maih bkruger@bellsouth.net · Mr. Michael W. Rumpf, Director page 2 July 31, 2002 the parking area south of the building. The only purpose for this trailer is to store sodas (An existing Code Enforcement Violation described below). There is not enough room in the building to store the soda and that is the reason the addition is being requested. Without this additional square footage to store soda, a large part of the business will be lost. Gas sales may not be discontinued but the convenience store may be forced to cease operation. Along with the addition for storage on the rear of the convenience store, Mr. Marouf will be renovating the exterior of the building to better fit in with the character of the residential neighborhoods surrounding this property. Our Architect is currently working on the elevations for the building. VIOLATION: Mr. Marouf currently has a violation before the Code Enforcement Board, Case# 1- 1450, Notice Date: June 18, 2001, with a running fine. The violation is for: PT- LDR.CH2. SEC. 6.C.6. C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF MERCHANDISE IN THE TRAILER IS NOT PERMITTED." "TRAILER MUST BE REMOVED." The trailer is being used to store soda. It is not plugged in to electricity nor does it have an operating refrigeration unit. The enclosed site plan illustrates where the addition will be located and how the additional parking spaces will be laid out. Therefore, the Texaco Convenience Store will not lose parking spaces but gain spaces with the addition for dry storage on the rear of the building The only other alternative to allow the expansion of the convenience store for dry storage and change the convenience store with gas sales to conforming would be to change the Zoning Code to allow gasoline sales on intersections with other than just four (4) lanes in both directions. We do not want to do this because of the ramifications to the entire city by allowing of all of the other gasoline selling establishments to become conforming. By allowing the convenience store to expand for dry storage only will not increase gas sales and therefore will not increase the non conformity of this use. Berit Kq:u ge r SENT BY FACSIMILE AND U.S. MAIL R, eference Page 1 of 4 Boynton Beach, FL Code of Ordinances PART III LAND DEVELOPMENT REGULATIONS* CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY EXHIBIT E Sec. 2.1 Quasi-Judicial Authority, functions, powers and duties. A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial capacity, administrative appeals, special exceptions and variances. B. Administrative appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section. C. Special exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when such special exceptions should be granted. To grant special exceptions xvith appropriate conditions and safeguards or to deny such special exceptions when not in harmony ~vith the purpose and intent of this section. The folloxving standards apply to the board prover to grant special exceptions: 1. The board shall find that in granting the special exception, the public interest will not be adversely affected. 2. The board may prescribe appropriate conditions and safeguards in conformity ~vith this chapter. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. 3. The board may prescribe a reasonable time limit within which the action for ~vhich the special exception is required shall begin or be completed, or both. D. Variances. The board has the authority and duty to authorize upon appeal such variance from the teams of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance xvould result in unnecessary and undue hardship. 1. In order to authorize any variance from the terms of an ordinance, the board must find: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and ~vhich are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and circumstances do not result from the actions of the applicant tbr the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. .../48e3 ? f--templates& fn=document- frame.htm&q=Procedures%20for%20variances&x=Simple~9/3/2002 Reference Page 2 of 4 d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would ~vork unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be other,vise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. 2. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan if the board finds that the variance meets the conditions set forth in this section for granting the same, and the variance would only allow for the construction of a single-family detached dwelling. _~ E. Procedures for variances, special exceptions and appeals of administrative actions. 1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or. any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. Review of administrative orders. In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from whom the appeal is taken. A majority vote shall be necessary to reverse an order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. .../48e3 ? f=templates&fn=document-frame.htm&q=Procedures% 20for% 20variances&x=Simple 9/3/2002 Reference Page 3 of 4 3. Appeals from decision of administrative official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. 4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer from whom the appeal is taken and on due cause sho~vn. 5. Hearing of appeals. The board shall fix a reasonable time for the heating of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by staff), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the CRA board. The decision of the City Commission shall be deemed final subject only to review by ~vrit of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or denial of application. a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn a~er action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for re-application provided herein shall not apply. .../48e3 ? f=templates& fn=document- frame.htm&q=Procedures%20for%20variances&x=Simple 9/3/2002 Referenqe Page 4 of 4 F. Advertising requirements. Required advertisements for the applicant's request must appear in ne~vspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled CRA board meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hearing. (Ord. No. 00-70, § 2, 12-19-00) .../48e3 ? f=templates& fn=document- frame.htm&q=Procedures%20 for%20variancesS,:x=S imple 9/3/2002 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Victoria's Closet APPLICANT(S): Thomas F. McCormack and Charles Highley APPLICANT'S ADDRESS: 1 East Broward Boulevard, Suite 700 Ft. Lauderdale, FL 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002 TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan for a self-storage facility LOCATION OF PROPERTY: 3602 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant K' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The App!i~;ant'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. All further development on the property shall be made in accordance with the terms and conditions of this order. S:\Planning\S HARE D\W P\P ROJ ECTS\Victoria's DATED: ,~'~. ~O¥ N 7'0, ...,-' 0/7 2 ity erk Closet\DO.doc ;'~ ~' ............ %,,"z o ////111111111 7. Other Location IVlap Victoria's Closet EXHIBIT "A" REC // R3 x, 'x 2--iX'HIBIT "B" EXHIB IIBII IJlWJLLJAJYJ I'L. OSJ~O~N A.I.A. J ARCHITECT I PERSONAL & COMMERCIAL STORAGE 3600 N~TH FEDERAL HWY. 80YNTON BEACH. FL Z \ - I I IIBII [30 f "----1 EXHIBITI'B" EXHIBIT "B" ' ~/~/~,//,-I I-WILLIAM L. OSBORN A.I.A. PERSONAL & COMMERCIAL STORAGE ~ NOR'tH FED[~RAL HW~'. BOYNTON BE~CH. FL EXHIBIT "B" VICTORIA'S CLOSET PERSONAL & COMMERCIAL STORAGE- 3600 NORTH FEDERAl_ H~Y BOYNTON BEACH, FL - EXHIB:T 0 i~ _'~. ..~ ~~~.~ARCHITECT PERSONAL & COMMERCIAL STORAGE ~ ~A ~ ~ e~ ~) 3~ NORTH FEDERAL H~. ~YNTON BEACH. ~ jzXHi~ --~ , J____ L ....... L___~ ..... J ..... f I ~'~c:'~'~ +~ '~1 -- ~---~, ---=--~--, -J .... ~---] ~ '~ - ' J I I ~ I ~ J k--~----k--~ t --¢ ~ ' / ~- I ~ ~ ~ I I .1,, I I -_-= I ~:~-~-.--~.~ -----~ ...... r-.~ --~t ~- J J [ ~, I I ; ~ I j/ I ,, , ,,, ,, , ------ ~ ~ ~ ~ I ~ I ~ I 1 I -~- ~ , -t ..... ~ ~ ' q , ~ 1 "-- ~ I ! ~ ~ ~ ~1 - ~ -r- -- -~ ~'~' ;t I L .I _t ~ .... ~ ..... I~. I I ;i I J, ~ ~ I ~ I I ~ ] I' ~ I ~ L ~ I J L ~,.~:~ . ...... ~ __FT~¢,, ,,, -- i~ - ~, I ~J ARCHI~CT PERSONAL '& COMMERCIAL STORAGE ' k --I T [ I--Ir- - ~- -- -T ---- i I i - i .... · t I I T---~----T--~,--q-~ I ~--~ ~ , , ~ I I ~ I I I I ~ .... I , .... F t F---T .... I -~-I I ' , I i I I I I ..... ii-- ~ ii iW- --- F-- ~l .... ~--- ~1 , ~ ......... ~ .... , ~ ~ ~ I , I ' , ' , [ i I .... t I ' t I i -4 t [ ~ .... ~-- _ _L _ __L __ J _ __L .... I II [ I ~ F--[--~Z --I--~--T--rT--F~-- ~ ~ I I ~ ~ ' L ' I ' ~ I ~ i ---~ t i I I ..... ~ ~ ..... d ~ I ~ I ~ I ii~ I ~ .... ~ ~ i i I [ I i t $~ ~ i i ii I ~ L I J J ~ I = I j L_LJ_z__J I' r---=-~-~- T--F--~----~-- T-- F m--~ ~ I ~ ~ / I ~ I -- /~ I I I I I , I /I C~ i t I II , ~ I I z t ~ i .... ~ , I I r nl I; i ~ I I I i ~ I ~ i ~ iI I L__~_ A_LJ_A_~_LJ_J_ I ~ T-T-~- ~--~--F ~- ~--~-F-~- T--F~ I i I i t I i, I ! I ~ / ' ' I ' ' _ J I I I ..... J ~ _LL~_~_L~ ~_ L L ~M _[ I i I III I illl il - ~ ' f I i , ' I F---M I .... ~ i ~ i ~ I ~ r---q I ~" i ~ I ~ ' I ~ I I ~ / I , I r "'-' I '1 '.L ~-~ I I1~~ ~LUAm L. OSBORN A.~.A. ~~~'~ ~~ ~~~.~ARCHITECT . PERSON~ & COMMERCI~ STORAGE ~ ~o~ ~ ~) eTT~ ~ NOR~ FEDE~L H~, ~Y~ON ~CH, FL '1 F- [ r I ~ IL___ I __ ,,I, "f--- ~ .... t- I ..... ~____L__~_____~ I ~ I t- f ! ! i I I i ' ,' I : r-z--~-~-~- - I. , , . ~--- - -~ - '---~--~--J--L--'-- -L_L _L_~_I__i ,---,-,-,-,-.-.,-,-.-,-.--.__. I ~, l_j i, i I I ~. ! I I I ! , I ~--~-~'-T- F---Ill I L-___I__I_I_.L 1 ~----T- --F-lr-~-,--l- --~r-_m _n__F_~_ ~__r___- l -I r---I'--1-- ~ - ~- -~ -- ~-~- -!- -- i I r '-i- a'-'~ I I 1 / F-]--]-]---~-, ~--+-~--]__L~ I FTT--i- · IF-l,, , -~- -- ARCHITECT EXHIBIT "C" Conditions of Approval Project name: Victoria's Closet File number: COUS 02-004 Reference: 2rd review plans with a Planning & Zoning date stamp marking of September 24, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. All existing and proposed utility easements shall be shown on the Site X and Landscape Plans so that we may determine which trees may interfere with utilities. Water and sewer lines to be owned and operated by the City shall be included within utility easements. All proposed easements shall be a minimum of 12 feet in width. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). In general, palms will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 3. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. City water may not, therefore, be used for irrigation where other sources are readily available. Indicate irrigation water source. FIRE Comments: None X POLICE Conditions of Approval DEPARTMENTS INCLUDE REJECT Comments: None X ENGINEERING DIVISION Comments: 4. FDOT permits will be required for the two proposed driveways and for X the signs (right-mm only) to be placed within the FDOT right-of-way. 5. It may be necessary to replace or relocate large canopy trees adjacent to X light fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l.b). Unable to determine if any conflicts exist as plans are incomplete. 6. Indicate, by note or detail, that drainage will conform to City Standard X Drawing B-91007 (modified as necessary). 7. Add a note to the Landscape Plan that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). 8. Indicate by note to what standard the project is to be constructed; if the X FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 9. Provide written and graphic scales on all sheets. X BUILDING DIVISION Comments: 10. From the FIRM map, identify in the site data the title of the flood zone X that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 11. At time of permit review, provide a completed and executed City of X Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 12. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 13. Add a labeled symbol to the site plan drawing that represents and X DEPARTMENTS INCLUDE REJECT delineates the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the building. The symbol shall start at the accessible parking spaces and terminate at the accessible entrance door to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Federal Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 14. The applicant should indicate on the landscape sheet SP-1 the replacement X trees for those trees bein~ removed from the site. PLANNING AND ZONING Comments: 15. The buffer wall will be painted on both sides to match the building. It X will constructed prior to the issuance of a certificate of occupancy. Staff recommends that the style of the buffer wall be enhanced with details such as cornices, columns, and multiple colors tones to match the building colors. 16. The parking required for the self-storage facility shall be provided at a X rate of one (1) space per 75 storage bays, plus 1 space per 300 square feet of office and 2 security spaces (Chapter 2, Section 11.O.3.d). Revise the site nlan tabular data m reflect the correct information. 17. Hedges will be required at the base of three sides of the dumpster X enclosure (Chapter 7.5, Article II, Section 5.J.). Staff recommends installing hedge material (no ficus) at a minimum four (4) feet in height around the sides of the enclosure. Also, an alternative to wood gates should be used to maximize its life and appearance. Conditions of Approval DEPARTMENTS INCLUDE REJECT 18. The storage bays shall not be used to manufacture, fabricate or process X service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site. 19. The maximum size of a storage bay shall be limited to 450 square feet. X On the floor plan, indicate the size of each storage bay or provide a "typical" if all bays are similar (Chapter 2, Section 11 .O. 1 .c.). 20. 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 II, Section 5.P). On the landscape plan plant list, separate the trees from the groundcover / shrubs. Indicate by asterisk, the native species and ensure that at least 50% of landscape material is native. 21. Coordinate with the City Forester / Environmentalist regarding X theinstallation of brick pavers and palm trees within the U.S. 1 right-of- way. 22. Staff recommends that a period of one (1) year be allowed to initiate this X project (obtain a building permit). 23. Staff recommends that the monument sign structure be enhanced to X match the building architecture. 24. Staff recommends that the lettering color and style of the monument sign X shall match the same of the wall sign. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 25. Reject condition #14. The applicant should indicate on the landscape X sheet the replacement trees for those trees being removed from the site. 26. The north, south, and west elevations shall be enhanced to improve X appearance as well as soften the large relatively plain wall expanse. The improvements may include but not limited to faux windows, eyebrow awnings, decorative / vertical columns, tower feature(s), and gable parapets with tile to match. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined ~ ~ S:\Planning\SHARED\WP\PROJ ECTSWictoria's Closet\CO~,.doc