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Minutes 10-21-03MTNUTES OF THE REGULAR cz'rY COMMZSSTON MEETLNG HELD TN COMMZSSZON CHAMBERS, CZI'Y HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 21, 2003 AT 6:30 P.M. Present Gerald Broening, Mayor Hike Ferguson, Vice Mayor Hack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager .lames Cherof, City Attorney Janet Prainito, City Clerk OPENZNGS: Call to Order - Mayor Gerald Broening Invocation - Dr. Solomon Rothstein, 2nd Police Chaplain Pledge of Allegiance to the Flag led by Mayor Broening Mayor Broening called the meeting to order at 6:31 p.m. Dr. Rothstein offered the invocation followed by the Pledge of Allegiance to the Flag, led by Mayor Broening. D. TF YOU WTSH TO ADDRESS THE COMMZSSZON: · FZLL OUT THE APPROPRIATE REQUEST FORM · GZVE ~T TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENTNGS' PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODTUM WHEN THE MAYOR CALLS YOUR NAME TNDZVZDUALS MAY SPEAK FOR THREE UNZNTERRUPTED MZNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. McCray and carried unanimously. Notion was seconded by Commissioner OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland suggested that staff contact the Department of Transportation regarding having signs posted at the north and south entrances to the City on T-95 announcing that Boynton Beach is the home of the Little League U.S.A. champions. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp October 21, 200~ He also requested that the incoming Commission make a directive to City staff to have a centralized activity in the City similar to GALA. III, ANNOUNCEMENTS~ COMMUNITY & SPECIAL EVENTS~ & PRESENTATIONS: A. Announcements: 1. General Election- Tuesday, November 4, 2003 Mayor Broening announced that the General Election would be on Tuesday, November 4th, The election will include Commissioners for Districts 1 and 3 and the Mayor At-Large. First Regular City Commission Meeting in November - Wednesday, November 5, 2003 Mayor Broening announced that the first regular Commission meeting in November would be November 5th and that, hopefully, the election results could be verified at that time. Candidates Forum, demonstration of the voting machines and informational presentation regarding the General Obligation Bond issue - Wednesday, October 22, 2003, 7:00 p.m. at St. John Missionary Baptist Church Mayor Broening announced the Candidates Forum to be held at St. 3ohn Missionary Baptist Church on October 22nd at 7:00 p.m. There will also be a demonstration of the voting machines and an informational presentation regarding the General Obligation Bond. B. Community and Special Events: C. Presentations: 1. Proclamations: None Presentation by Mayor and Golf Director of plaque to George Barrett, celebrating his 24 years of service on the City's Golf Course Advisory Committee .loe Sciortino, Golf Director, recognized George Barrett as a citizen who started a community project of immense importance and then followed it through construction and operation for 25 years. In 1977 Mr. Barrett joined the Boynton Beach Golf Club that spearheaded a citizens' initiative to see if a City Golf Course was feasible, if land could be found and urging that a citizens straw opinion ballot be held to confirm citizen interest. When all three issues were found to be possible, he was asked by the City Commission in 1979 to be a founding member of 2 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIoridi~ October 21, 2005 the Ad Hoc Golf Committee, the precursor to the current Golf Course Advisory Committee to continue to advise and encourage this initiative. In 1983 when the City decided to move forward with the project, the City adopted a formal City committee to see the project through. The Committee's operating statement was to advise the City on planning, construction, maintenance and operation of the Golf Course. Mr. Barrett served 20 continuous years on this Committee from June 5, 1983 to May 5, 2003 and did not resign his post until the original bonds to build the course were paid off without any taxpayer money. Mr. Barrett's concern on every issue to come before the Golf Course Advisory Committee has been what is best for the majority of all the players. His other concern was to ensure that nothing was done to jeopardize the promise made by the City to the taxpayers that the course would be self-sustaining. Mr. Sciortino thanked Mr. Barrett's wife, Kay, for her patience while Mr. Barrett spent so much time and effort on the Golf Course. Art Mathews, incoming Chair of the Golf Course Advisory Committee, commented that Mr. Barrett had set high standards and congratulated him for staying the course. Dan Hager, Golf Professional, said that Mr. Barrett combined integrity with fun and thanked him. Herb Suss, member of the Golf Course Advisory Committee, thanked Mr. Barrett. Bill McCarty, member of the Golf Course Advisory Committee~ admired Mr. Barrett's integrity. Mr. McCarty felt that the Golf Course is a star feature of the City and taxpayers do not have to pay for it. This is a result of Mr. Barrett's efforts. Mayor Broening presented a commemorative plaque to Mr. Barrett. He also presented him with a picture of a bronze plaque that is hung in the Clubhouse for future members to remember him by. George Barrett thanked everyone. Commissioner McCray thanked all the volunteers, City Manager Bressner, City staff, the Recreation & Parks Board and the contractor who worked so hard for the opening at Tntracoastal Park last Friday evening. Commissioner Weiland thanked the Chamber of Commerce for the wonderful job they did for the Taste of Boynton at the Motorola building. :It was a huge success. ZV. ADMZNZSTRATI'VE: Accept resignation of Patti Hammer, Regular Member of the Code Compliance Board 3 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida October 21, 200~1 Motion Commissioner McCray moved to regretfully accept the resignation of Patti Hammer, Regular Member of the Code Compliance Board. Vice Mayor Ferguson seconded the motion that carried unanimously. Mayor Broening commented that the Code Compliance Board was one of the hardest boards to be a member of. Ms. Hammer was a member of the Board for four years and he personally thanked her. B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/04 IV McKoy Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 I Weiland 81dg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (2) II McCray Cemetery Board Reg 3 yr term to 4/04 Tabled (2) III Ferguson Code Compliance Board Reg 3 yr term to 4/05 I Weiland Community Relations Board Reg 3 yr term to 4/05 IIT Ferguson Education Advisory Board Stu I yr term to 4/04 II McCray Library Board Alt 1 yr term to 4/04 Tabled (3) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 T Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 TT McCray Nuisance Abatement Board Reg 2 yr term to 4/05 ! Weiland Recreation & Parks Board Alt 1 yr term to 4/04 Tabled (2) Vice Mayor Ferguson appointed Brenda Shamblin as a Regular Member of the Code Compliance Board. Commissioner Weiland appointed Patti Hammer as an Alternate Member of the Building Board of Adjustment & Appeals. Commissioner Weiland appointed .lose Rodriguez as a Regular Member of the Community Relations Board. Commissioner Weiland appointed ~lohn McVey as an Alternate Member of the Recreation & Parks Board. Commissioner McCray appointed Eleanor Daly as an Alternate Member of the Library Board. 4 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida October 21, 2003 All other appointments were tabled. Motion Commissioner McCray moved to approve the appointments. motion that carried unanimously. Commissioner McKoy seconded the V. 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 October 2, 2003 Regular City Commission Meeting of October 7, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the "ANNUAL SUPPLY OF POLYPHOSPAHTE TYPE CORROSION INHIB1TORS," Bid #072-2821-03/]A, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 Award the "ANNUAL BID FOR DUMPSTER REPAIRS," Bid #088-2510- 03/.lA, to Lamons Welding and Design of Boynton Beach, Florida, for an estimated annual expenditure of $60,000 "Piggy-back" existing governmental entity contracts with Minolta Corporation and Ikon Office Solutions for three-year digital copier leases estimated at an annual cost of $67,414.44 Approve the five-year lease of a Xerox DocuPrint 92C Laser Printer from Xerox Corporation, utilizing the Putnam County Contract 97-02, at a monthly rate of $5,428.57 (printer is primarily used for printing utility bills and a variety of documents for other City departments) Award Bid #055-2824-03/C. JD, TWENTY OUTFALL STRUCTURES STORMWATER IMPORVEMENTS, to Marine Engineering Contractors, Inc. and execute a contract in the amount of $574,040 and approve an owner's contingency of 10% in the amount of $57,404, for a total project budget appropriation of $631,444 (Proposed Resolution No. RO3- 169) Award the "RE-KEYING VARIOUS CITY FACILITIES," Bid #078-2511- 03/C.1D to CK's LOCKSHOP AND SECURI-I-Y of Boynton Beach, Florida, in the amount of $44,724. This will enhance City security by re-keying 690 5 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida October 22, 2Q03 doors with a common key system. The budget amount for this project was $102,570, yielding a budget cost savings of $57,846 Commissioner McCray requested that Item B.6 be removed from the consent agenda. C. Resolutions: Proposed Resolution No. R03-170 Re: Agreement between the City of Boynton Beach and the Florida Department of Transportation to fund all costs of hiring one new DUT Enforcement Specialist and one new Police Vehicle and related costs Proposed Resolution No. R03-271 Re: Agreement between the City of Boynton Beach and the Florida Department of Transportation to fund the purchase of a police vehicle to assist the State's Aggressive Driver Program Proposed Resolution No. R03-172 Re: Agreement for Water Service Outside the City Limits with Akram Basta as owner of a 0.79-acre parcel of land located at the intersection of 3avert Road and Old Boynton Road Proposed Resolution No. R03-173 Re: Agreements between the City of Boynton Beach and the Area Agency on Aging Palm Beach Treasure Coast, ]:nc. and the State of Florida Department of Health, which will allow our Fire Rescue Department to become participants in a Palm Beach County health initiative titled "Senior Tmmunization Project 2003" Proposed Resolution No. R03-174 Re: Agreement between the City of Boynton Beach and Palm Beach County for the Good Shepherd Summer Camp Program held at Forest Park Elementary School (County will expend $1,200 in support of the Camp held during the summer of 2003 Proposed Resolution No. R03-175 Re: Agreement for Water Service Outside the City Limits with Maria E. Barrera for the property at 1049 Highview Road, Lantana, Florida (Lot 212, Ridge Grove Addition No. 1) Proposed Resolution No. R03-176 Re: Accepting the Department of Community Affairs Local Mitigation Grant award for the installation of permanent hurricane window screens over selected second story windows at City Hall Proposed Resolution No. R03-177 Re: Approving a revised Recreation & Parks Department Revenue Policy Manual and Fee Schedule 6 Meeting Minutes Regular City Commission MeeUng BQynton Beach, Florida October 21, 2003 D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: Gateway Texaco (ZNCV 03-010 thru 03-012), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any interior property line to allow a :10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to i per street frontage to allow 2 driveways along the street frontage for an existing gas station business Commissioner McCray requested that item E.1 be removed from the consent agenda. Gateway Texaco (ZNCV 03-013), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a 20-foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station Commissioner McCray requested that item E.2 be removed from the consent agenda. Gateway Texaco (ZNCV 03-014 and 03-015), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida October 21, 2003 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business Commissioner McCray requested that item E.3 be removed from the consent agenda. Gateway Texaco (ZNCV 03-016 and 03-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section :].1, Supplemental Regulations L.3.f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include ! tree 10 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business Commissioner McCray requested that item E.4 be removed from the consent agenda. Gateway Texaco (ZNCV O3-O23), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2:1, Signs, Article TII. Section 5 requiring that all signs must meet a minimum :10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business Commissioner McCray requested that item E.5 be removed from the consent agenda. m Marouf's Car Wash (NWSP O3-Oll), 2360 North Federal Highway - Request for new site plan approval for a 1,3:11 square foot car wash on a 0.22-acre parcel in a C-3 zoning district Commissioner McCray requested that item E.6 be removed from the consent agenda. Sunbelt Hydraulics (SPTE O3-OO3), Lot 9, West Industrial Avenue - Request for a 1 year site plan time extension for a :1-story, :12,480 square foot industrial building with related parking for a business that services truck bodies on a 1.44-acre parcel in the M-1 zoning district 8 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Qctober 21, 2003 Commissioner McCray requested that item E.7 be removed from the consent agenda. Authorize payment to Villa & Son in the amount of $10,760 for Boynton Terrace Neighborhood Landscaping Release of a cash bond of $27,470 to DenBesten & Bokhoven, LTD for the project known as Vermeer Southeast Sales and Service, Inc. Accept the written report to Commission of purchases over $10,000 for the months of August and September 2003 for informational purposes Approve amendments to conditions #40 and #41 of the Development Order for the Arches mixed-use project (NWSP 03-002) approved by the City Commission on June 3, 2003 Authorize the following payments that exceed the $10,000 threshold outlined in the Financial Procedures Manual: Queues Enforth Development, Inc. in the amount of $39,354 for software maintenance agreement for Police records; and Motorola, Inc. in the amount of $18,556.44 for Communications Center equipment service contract Approve summary change order for Intracoastal Park project to DiPompeo Construction Corporation in the amount of $135,065.53, thus making the final contract cost not to exceed $2,044,065,53, which is below the project budget amount of $2,060,000. This change order yields a 7.1% increase to the project cost, which is less than a standard contingency of 10% that is normally used for City capital projects. Thus, the cost savings on this project, compared to a standard 10% contingency, is 2.9% or $74,451. Commissioner McCray requested that item K be removed from the consent agenda. Motion Vice Mayor Ferguson moved to approve the consent agenda as amended. McCray seconded the motion that carried unanimously. Commissioner B.6. Award the "RE-KEYING VARIOUS Cl-FY FACILITIES," Bid #078-2511- 03/03D to CK's LOCKSHOP AND SECURITY of Boynton Beach, Florida, in the amount of $44,724. This will enhance City security by re-keying 690 doors with a common key system. The budget amount for this project was $102,570, yielding a budget cost savings of $57,846 Commissioner McCray noted for the record that the re-keying was for $44,724. The budget amount for this project was $102,570. This Commission, by approving this item, saved $57,846. MQti~n Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McCray seconded the motion that 9 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIorkla October 21, 2003 E.I. E.2. F.3. E.4. Gateway Texaco (ZNCV 03-010 thru 03-012), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to I per street frontage to allow 2 driveways along the street frontage for an existing gas station business Gateway Texaco (ZNCV 03-013), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a 20-foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station Gateway Texaco (ZNCV 03-014 and 03-O15), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business Gateway Texaco (ZNCV 03-016 and O3-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental 10 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florida October 21, 2QQ3 Regulations L.3.f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include 1 tree 10 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business E,5, Gateway Texaco (ZNCV 03-023), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article 1IT. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business 5,6, Marouf's Car Wash (NWSP O3-Oll), 2360 North Federal Highway - Request for new site plan approval for a 1,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district City Attorney Cherof informed the Commission that they could hear all six of the Texaco items together but each matter would have to be voted on separately. He swore in everyone who would be testifying and explained that all documents that are part of this meeting and those documents from the CRA meeting are part of the proceedings. He asked anyone with special qualifications to state those qualifications. Mike Rumpf, Planning & Zoning Director, explained that the variances pulled from the consent agenda are all in conjunction with a major site plan modification or an amendment to an existing conditional use, which is a gas station located at 2360 N. Federal Highway. The conditional use is for the expansion of an existing gas station/retail store for storage purposes. The gas station is a conditional use by the City's zoning regulations for the C-3 zoning district. Tt is also a non-conforming use and, by code, has limitations on how it can be expanded or modified. Through an approval of an appeal filed by the property owner last year, the Commission deemed the proposed expansion part of the retail function and separate from the non-conforming gas sales element of the business. As part of the review of this project, staff identified numerous non-conforming aspects of the site, in addition to the use itself. These are covered in a summary distributed to the Commission. A copy of this summary is on file in the Office of the City Clerk. Tn the first variance, the code sets limitations on the number of driveways permitted at a gas station and the minimum distance the driveways need to be separated from the intersection. 11 Meeting Minutes Regular City Commission Meeting BQvnton Beach, Florida October 21, 2003 There are two driveways located on the west boundary and one compliant driveway on the south. The variance would cover the minimum distance that is required as well as the number of driveways. Staff recommends approval of both variances due to the difficulty in eliminating them without interfering with necessary circulation. The CRA voted in favor of them also. The second variance is for the rear setback. The proposed expansion is on the rear. The rear setback for this project is 20 feet. Due to the existence of equipment along the back of the building, the proposed building would have a 10-foot setback. Staff opposes this variance due to the lack of hardship since there is space to place the expansion adjacent to the building. The next two variances deal with minimum setbacks for canopies over the gas pump islands as well as the setbacks for the fueling pumps. To move them would eliminate the pumps, which could significantly impact the business. The code requires a 10-foot wide landscaping buffer along street frontages as well as interior lot lines. This cannot be accommodated along the western (front) side. Staff supports this variance. This is being accommodated on the south side where there is enough property. Commissioner Weiland felt that buffering from the neighborhood should be looked at closely on both the east and south sides. He would like to see the area densely planted. Mr. Rumpf explained that if one parking space were removed per staff's recommendation, the need for the landscape variance in the rear would be eliminated. There is a surplus of parking spaces. The existing site sign on the southwest corner of the site is approximately 5 feet from the nearest property line. There is enough room to move the structure to be in compliance with the 10-foot setback and still be visible Sandra Bailey, 644 Las Palmas Park, said she has lived there for 31 years. She did not feel that the addition of The Harbors townhomes was taken into consideration. She requested a traffic study taking these new residents into account. The traffic at Las Palmas Park and Federal Highway will be increased tremendously since the City deleted the entrance and exit to the Harbors on Federal Highway. Both the Texaco lot and the lot for the proposed car wash are already non-conforming and are not to be joined. Allowing a driveway to connect them is, in essence, joining them. She implored the Commission to take the residents' concerns and safety into consideration. David Teitsma, 656 Las Palmas Park, felt that the area was too small for any additional traffic. He had concerns regarding accidents and more police calls for security. Hope DeLong, 707 Presidential Drive, was disheartened that the neighbors' concerns were not taken into consideration. She said that she and her husband could not leave their property between 7 and 9 a.m. and between 5 and 7 p.m. because of the traffic. She felt that this project would affect their property values. There is also a flooding issue between Las Palmas Park and Lakeside Harbor Drive and no one from the City has addressed this. She was also concerned regarding security because people from the gas station circle their cul-de-sac. 12 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida October 21, 2003 Carol Muchel, 637 Las Palmas Park, said that going south on Federal Highway at Gateway Boulevard, people see a traffic disaster and that was not a good first impression of the City. The Texaco Gas Station is non-conforming and sells gas, bait, beer, milk, knives and pornographic material. Tt is a mini-super store on a tiny lot. There are problems at another car wash not far away and the same problems could occur here. When beer trucks are parked in one of the two lanes, there is not much space left for the residents. She felt that if the Texaco Station was going to have another business, they should have to put in an additional traffic lane. She requested that the Commission take into consideration the fact that children live at the end of the street and that none of the residents want to look at a car wash. Robert Muchel, Las Palmas Park, said that there are problems with the retention system for the sludge from the car wash. Another consideration is how to regulate the directional flow of traffic. He felt that the traffic study is flawed and does not take into consideration whether traffic is coming in or out of the gas station. This project will increase intensity. There is a safety issue, not just for the homeowners but also for other citizens who use Tntracoastal Park. He felt that this was encroachment of a commercial property into residential areas. He requested that the Commission deny the requests. 3ulie Szymkowski, 655 Las Palmas Park, has lived there for 31 years. She was also speaking for two other long-term residents. The residents are asking for denial of the requests. She felt that the City regulations were for the safety of the residents and guests. Gateway Texaco sells food, beer and lottery tickets in addition to gas. There is heavy traffic at the site and a risk for serious injuries. The perimeter road around the proposed car wash is essentially a turn-around for cars and trucks and they exit on a platted 50-foot road, Las Palmas. She requested that the Commission consider safety factors of increasing the number of variances on an already non-conforming property. Sally Dalton, 650 Las Palmas, said that she witnessed two little girls on bikes coming out of the gas station going to Tntracoastal Park. She was concerned for their safety. The traffic is too intense for more of the same. Beril Kruger, representing the petitioner, said that this project would not increase traffic. It was only to construct a storage building. At one time there was a trailer parked in the rear to store sodas and Code Compliance cited it. The storage building might decrease the need for many of the deliveries. He explained that this building is not causing flooding. That is a City problem. The EPA regulates that every car wash must recycle its water and, therefore, it does not go out into the street or into the sewer. Mr. Kruger said if the sign is moved 10 feet east, when the trees are installed at the development to the south, the sign would not be seen. There is also the cost of moving this large sign. The CRA recommended that the sign remain where it is. He explained that the reason they were requesting the rear setback variance for the building was because there is equipment behind the building. Tt is very expensive to move this equipment for the refrigeration units and air conditioning units. They would prefer to leave the 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQridP OctQber 21, 200~ equipment where it is and it is blocked on three sides by buildings and there is a wall on the north side. Mr. Kruger said that the one parking space had already been eliminated so the applicant will not encroach into the rear buffer. City Attorney Cherof reminded the Commission that under the City code there is an element of hardship that is required to be established. The concept of hardship under law is "An applicant who seeks a variance must demonstrate a unique hardship in order to qualify for a variance. Tt has been held that a hardship may not be found unless no reasonable use can be made of the property without the variance." Tn taking into consideration the element of whether a variance should be granted or not, the issue of hardship must be taken into consideration. The fact that there is a business ongoing on the property makes it clear that there is a use of the property under the current zoning code, although it is non-conforming. Therefore, it would be difficult to establish that a hardship is necessary to use the property in any reasonable manner. Mr. Kruger explained that originally they were not asking for any variances. When they came in for a major site plan approval, staff asked that they apply for variances. Commissioner McCray asked whether there was a traffic study performed when The Harbors went in. Mr. Rumpf replied that there was. Mayor Broening felt that the City Commission must judge what good could be done against what harm could be done. The owner is willing to put money into improving his business. Everything along Federal Highway is zoned commercial and it must be realized that it will always be there. He did not believe it compromises the quality of life if we insist on high standards of design and good traffic management. He was not convinced that there is any harm done and felt that a valuable community service was provided. Mayor Broening asked for a motion. E.1. Gateway Texaco (ZNCV 03-010 thru 03-012) - Driveways Motign Vice Mayor Ferguson moved to approve item E.1. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. E.2. Gateway Texaco (ZNCV 03-013) - Rear setback Mayor Broening commented that the CRA denied this request. He said that this is for the 600- square foot building. Commissioner Weiland asked what the height of the addition was. Mr. Kruger replied it was the same height as the gas station. Commissioner Weiland said he was a proponent for allowing variances to encroach into setbacks to enable people to do modifications. However, it should not affect other people. The 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida O~_nber 21, 2003 applicant is requesting to plant 10 to 15-foot trees. If the trees were 15 feet tall, they would block the roofline of the building from the neighborhoods to the south and east. Mr. Kruger said there would be enough trees in the back to block the building from being seen. Commissioner Weiland wanted to ensure that this would happen because the landscape buffer has a lot to do with his vote on the rear setback variance, Mr. Kruger asked whether an average of 14 feet would be satisfactory. Commissioner Weiland was agreeable. Hotion Vice Mayor Ferguson moved to approve item E.2. Commissioner Weiland seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. E.3. Gateway Texaco (ZNCV 03-014 and 03-015) - Canopy/pump island Motion Vice Mayor Ferguson moved to approve item E.3. The motion was seconded by Commissioner McKoy and carried 4 to 1 with Commissioner McCray dissenting. E.4. Gateway Texaco (ZNCV 03-016 and 03-017) - Landscape buffer City Manager Bressner explained that the discussion earlier concerned the area behind the building between the building and the car wash. Commissioner Weiland said he was concerned regarding the view from the east or south. He did not object to the variance as long as there was density and height. Mr. Kruger agreed. City Attorney Cherof noted that it would be necessary to include that as a condition of approval to the development order. Mr. Rumpf clarified that the condition referred to was the one described for 03-013, increasing the tree specifications at time of planting to 14 feet. Commissioner Weiland added "and the 24 inch hedge material." Mr. Rumpf explained that ZNCV 03-016 is for the western (front) buffer. There is no pervious space to plant anything. MotiQn Vice Mayor Ferguson moved to approve item E.4. Commissioner Weiland seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQridp October 2:L, 2003 E.5. Gateway Texaco (ZNCV 03-023) - Sign Motion Vice Mayor Ferguson moved to approve item E.5. Motion was seconded by Commissioner Weiland and carried 4 to :L with Commissioner McCray dissenting. E.6. Marouf's Car Wash (NWSP 03-011) - Site plan Motion Commissioner Weiland moved to approve item E.6. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. comment card on the fo/lowing item was overlooked previously in the meeting,) B.i. Award the "ANNUAL SUPPLY OF POLYPHOSPAHTE TYPE CORROSION :[NHTB1TORS," Bid #072-2821-03/.1A, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 Robert 3ohnston, 7064 Thompson Road, Boynton Beach, explained that Sweetwater Technologies was one of five bidders. Mr. Johnston works for Calciquest, Thc., who was also a bidder. He felt that Sweetwater did not meet all of the bid specifications, most importantly, that the bidder must have specific references detailing different types of water treatment. Sweetwater listed in their reference section five membrane softening references. Of those five, four are not membrane softening references. He felt that the City had been misled on their references. Mr. Johnston offered to provide the telephone numbers for Sweetwater's references. Mr. 3ohnston also said that Sweetwater has been terminated from doing business with Collier County, Florida. They were terminated for delays in shipment, the method of shipment was different than what was called for in the bid, the invoices submitted for payment showed a larger amount of chemical was delivered than was actually received at the water plant and the test results in the water treatment system showed that their product did not meet the Collier County specifications. Boynton Beach specifications request on-site technical support. The technical support from Sweetwater would be from one of their representatives and he did not know where they would be from. Calciquest was the only other responsible, responsive bidder to meet all of the specifications. He lives in Boynton Beach and could be on site in five minutes. City Manager Bressner asked whether Mr. 3ohnston has had conversations with Bill Atkins, Purchasing Director, regarding the issues raised tonight. Mr. Johnston explained that he did speak with Mr. Atkins who informed him that Calciquest was $14,000 higher than Sweetwater. Mr. Johnston submitted an exhibit that is on file in the Office of the City Clerk. 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21, 200_3 Since a representative from Sweetwater Technologies was not present, Mayor Broening suggested that the Commission consider a motion to reconsider this item and ask staff for an analysis. MotiQn Commissioner McCray moved to reconsider. carried unanimously. Commissioner McKoy seconded the motion that Motion Commissioner McCray moved to table the item. Vice Mayor Ferguson seconded the motion that carried unanimously, E,7, Sunbelt Hydraulics (SPTE 03-003), Lot 9, West Tndustrial Avenue - Request for a 1 year site plan time extension for a 1-story, 12,480 square foot industrial building with related parking for a business that services truck bodies on a 1.44-acre parcel in the M-1 zoning district Motion Commissioner McCray moved to approve. carried unanimously. Motion was seconded by Vice Mayor Ferguson and Approve summary change order for Intracoastal Park project to DiPompeo Construction Corporation in the amount of $135,065.53, thus making the final contract cost not to exceed $2,044,065,53, which is below the project budget amount of $2,060,000. This change order yields a 7.1% increase to the project cost, which is less than a standard contingency of 10% that is normally used for City capital projects. Thus, the cost savings on this project, compared to a standard 10% contingency, is 2.9% or $74,451. Commissioner McCray announced that there was a savings of $74,451 or 2.9% on this project. Motion Commissioner McCray moved to approve. carried unanimously. Commissioner McKoy seconded the motion that VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VII, PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Brian Edwards, 629 NE 9t~ Avenue, thanked City staff for clarifying what was happening regarding the Sea View Trailer Park property as it pertains to a recent proposal to possibly build hi-rise condominiums at that location. Speaking as a private citizen who lives within ZNCA, he did not want to dabble into any property owner's business in terms of what they sell or buy their property for. However, he stands by his neighbors as clearly stating that they do not want 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida October 21, 200:3 hi-rises in their neighborhoods and they will not tolerate having them, He would like to hear someone go on record as saying it will never happen, Mr. Edwards thanked Mayor Broening and Commissioner Weiland for all the service they gave to the City. Herb Suss gave the City Clerk, the Clerk's Office and the Golf Course five stars. He felt that Mayor Broening was the best Mayor he had known in the City and asked him to stay involved. He also acknowledged that Mayor Broening's wife, Delores, was the best. Mr. Suss recognized that the District ! Commissioner had tried and he wished him God speed. David Katz, 67 Midwood Lane, felt that because of the current Mayor's lack of leadership, the City suffered during his term of office. The Mayor made a political appointment, not a quality appointment, to the CRA Board and then pushed to have that person become Chair of the CRA. He advocated the need for the rezoning of much of the City's light industrial land, thus allowing the construction of high-density rental apartments in those areas. The increased traffic and burden on the water supply that these rezonings will cause should alarm all the residents. He failed to address the need for additional police officers. He championed increased taxes on the residents of Boynton Beach by having an unfair and possibly illegal fire assessment. Shirley .laskiewicz, 1917 SW 13m Avenue, reminded the Commission that they were the recipients of a previous Commission's four years of hard work regarding the redevelopment of the City. There was a lot of community and staff involvement and that is what made it all possible. During her administration, they arranged for a consortium to attract builders and find out how they could rehabilitate the Heart of Boynton area. They had two suggestions - start the acquisition of parcels of land and rid the area of drugs. Herman Rice from the federally sponsored program came in for an intensive eight-hour workshop. Ms. 3askiewicz regretted that the community policing that was put in place could not be implemented further. She thanked the Commission for their service. Harry Woodworth, 685 NE 15m Place, recently learned that the Sea View Trailer Park was for sale. He said that he would not repeat what Mr. Edwards said about not wanting hi-rises. The 20 people on his street feel the same way. He would like to know how the Commission feels about infill planned unit development in Iow density residential areas. Mayor Broening said he does not have to rely on the Commission because he is protected by ordinance and zoning, Ron Washam, 112 S. Atlantic Drive, W., was also disturbed to hear that the Sea View Trailer Park was going to be seven-story condominiums. He has learned that this was not true. He said that the Mayor is correct in that the ordinances do take care of the citizens. Bob Ensler, 26 Woods Lane, thanked Vice Mayor Ferguson for his efforts over the last three years. He also thanked the Mayor for his support. Mr. Ensler felt that Commissioner Weiland worked very hard over the last four years. 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida 0ct~ber 21, 2003 VI:II. PUBLI'C HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Projecl:: Agent: Owner: Location: Description: L.A. Fitness (ABAN 03-010) (Applicant requests postponement until Derek Vander Ploeg, Vander Ploeg & Associates, Znc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement This item remained postponed. Project: Agent: Owner: Location: Description: Gateway Texaco (COUS 03-OO7) Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district Mayor Broening noted that this is now a 600-square foot addition. Motion Vice Mayor Ferguson moved to approve. Commissioner McKoy seconded the motion that carried 4 to I with Commissioner McCray dissenting. ZX. CI'TY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabledon $/20/03,) City Manager Bressner announced that this item may be ready by the next City Commission meeting. City Attorney Cherof said that he has a pre-conference meeting tomorrow with their attorney. X. FUTURE AGENDA ZTEMS: Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance Proposed modification to the Land Development Regulations regarding rear yard setbacks C. Follow-up Meeting with CRA on Development Tssues (November 2003) 19 Meeting Minutes Regular City Commission Meeting B¢)yntQn Beach, Florida October 21, 2003 XT. Workshop regarding City Hall/Public Safety Space Needs Report (November 18, 2003) High School Task Force Report (December 2, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (December 2003) Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on 815103) NEW BUSZNESS: None LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 03-055 Re: Authorizing the abandonment of a portion of the road right of way for N.W. 3rd Court (First Baptist Church) City Attorney Cherof read Proposed Ordinance No. 03-055 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-055. by Commissioner McCray. City Clerk Prainito called the roll and the motion unanimously. 2. Proposed Ordinance No. 03-056 Re: Authorizing abandonment of a 15-foot wide utility easement (The Harbors) City Attorney Cherof read Proposed Ordinance No. 03-056 by title only. MotiQn Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-056. by Commissioner McCray. City Clerk Prainito called the roll and unanimously. Motion was seconded carried the Motion was seconded the motion carried 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, FIorid~ October 21, 2003 B. Ordinances - 1~t Reading Proposed Ordinance No. 03-057 Re: Amending Chapter 14 Motor Vehicles and Traffic, Sec. 14-5 to include "Storage," creating new subsections (4) and (5), and providing for the prohibition of parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way City Attorney Cherof read Proposed Ordinance No. 03-057 by title only. Hotion Commissioner McCray moved to seconded by Commissioner McKoy. unanimously. approve Proposed Ordinance No. 03-057. Motion was City Clerk Prainito called the roll and the motion carried 2. Proposed Ordinance No. 03-058 Re: Establishing a limited Early Retirement Tncentive Program City Attorney Cherof read Proposed Ordinance No. 03-058 by title only. Commissioner Weiland felt that this savings of over $2 million was phenomenal. He suggested that the future Commission redirect this money into the Police Department. Mayor Broening did not think this money should be earmarked yet. He said the figures look good but he wanted time to study the actuarial report, Mgtign Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-058. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: None D. Other: None UNFXNXSHED BUSXNESS: None XIII. 21 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida October 21, 2003 xzv. AD3OURNMENT: There being no further business, the meeting properly adjourned at 8:17 p.m. I~or / Deputy Ci~ Clerk ~ss~oner (~0/24/03) 22 D BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS n the information called for below and give to the City Clerk p~o~e start of the City mission Meeting. ~ phone . '-]%5--1 ~ ~ , ./' dAgenda ' ~ } - (~ ,mary of Matter to__~be Addrelsed - {O~ic,per car ) ~rson decides to appeal any decision made by the City Commission with respect to any mo~? con~_4e_~ed at ehh meeet-5~ he/she ced a record of the proceedings and, for such purpose, he/she may need to ensure that a v~rbatint record of the proceedin~s is , which record includes the tse~ony and evidence upon which the appeal is to be based. (F.S. 2S6.mOS) :ity shall furnish appropriote aux/lis~ aids and services where necessary to afford an individual with a dtsebL11ty an equal ~mity to participate in and enjoy the benefits of a service, proiram, or activity conducted by the City. Please contact Joyce !1o, (561) 7426013 at least twenty-four hours prior to the proL~am or activity in order for the city to reasonably acco-~,~odate request. See reverse side for important message D BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMNIENT CARD AGENDA ITEMS n the information called for below and give to the City Clerk prior to the start of the City mission Meeting. Le ~ess 737-230o / phone. I / Agen ~ma~ of Matter to be Ad~ea~ne topic per card) ruon decides to appeal any decision made by the City Commhsion with respect to any matter co~tidered at this meetinL he/she ;ed a record of the proceedings and, for such purpose, he/she may need to ensure that a verbetim record of the proceedin~s is which record includes the tes~ony and evidence upon which the appeal is to be based. (F.S. 286.010S) lty shall furnish appropriate auxiliary aids and sez~ices where necessary to afford an individual with a disability an equal ,~uflty to parttcipats in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Plem contact Joyce 1o. ~561! 7426013 at least twent~;-four hours prior to the Drofrem or activity in order for the city to reasonably acco~,~odate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Il in the information ca~led for below and give to the City Clerk prior to the start of the City *remission Meeting. tdress lephone # /~'~r~- -/]r~/~ ~~ //~ Agenda # fd_~ I,_ ~/.~/_ _ A~ .emery of Matter to be Addre se~(One topic per card} per~ou declde~ to appeai any decision made by the City Commission with respect to any matter con~idered at this meetly, he/she need a record of the proceedin~ and, for such purpese, he/she may need to ensure that a verbatim record of the proceedings is ~e, which record lnclude~ the te~tflnony and evidence upon which the appeal is to be based. (F.S. 286.0105J City ~ flxrnlah mppropriato an3dlla~ ~ a~d servtce~ where necessary to afford an individual with a di~mb/Hty an equal ~rtunity to pat~dctpatm in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce :clio, (561) 742-6013 at lesmt twenty-four hou~ prior to the pro.am or activity in order for the city to reasonably accommodate .' request. See reverse side for important message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMM]~NT CARD AGENDA ITEMS ~11 in the info~.~.ation called for below and give to the City Clerk pr/or to the start of the City ommission Meeting. · lephone # ~- ~~o Allenda ummar~[..of Matter to be~ pic per card) a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she fl need a record of the proceedings and, for such purpose, ha/she may need to ensure that a verbatim record of the proceedings is tde, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0XOS) Le City shall furnish appropriato auxllia~ aide and services where necessary to afford an individual with a disability an eqna~ port3mtty to psrttcipete in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce ,etello, (S61) 742~013 at least twenty*four, bom prior to the program or activity in order for the city to reasonably accom,-odate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS ~ill in the information called for below and give to the City Clerk prior to the start of the City '.ommission Meeting. J :elephone # 7~- /_o0 ~(G' / Agenda# ~/.. ~,- :~ ~., "~,.~' lummary of Matter ,~ .4 ~ed~One topi, per card, ,~a person decides to appeal any decision made by the City Comndseion with respect to any matter considered at this mesitnL he/she ill need s record of the proceedings and, for such purpose, ha/she my need to ensure that s verbatim record of the proceedin-.s is rode, which record includes the testimony and evidence upon which the appeal is to be based- (F.8. 286.010S) he City shall famish appropriate auxiliary aide and services where necessary to afford an individual with s disability an equal pportuntty to participate in and enjoy the benefits of a service, proiram, or activity conducted by ~ho City. Plem contact Joyce osteilo, (S61) 7426013 at least twenty-four hours prior to the prosrsm or activity in order for the city to reuonaMy scco,~-~odate our request. See reverse side for important message 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 Me/orang. ~ / ry tter to b~ Addres. s/pd-(One topic per card) If a person decides to appeal any decision made by the City Couuntnion with respect to any mat~er considered at this meeting, he/she ~ need a record of the procesdf--.as and, for such purpose, he/she mY need to ensure ~hat a verbatim record or the i~oceedin~s 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 s~--y aids and services where necessary to afford an individual with a disability an equal ~pportunity to participate in and enjoy the benefits of a service, ~ro~ram, or activity conducted bv the ~it'~,. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS 11 in the information called for below and give to the City Clerk prior to the start of the City ~mmission Meeting. tdress ~ 4--° :lephone # ~_~-z; l - ?.~ ? -/~ L ~ ~ Agen~ ~ ~mma~ of Matter to essed c per card] / L person decides ~o appeal any decision made by the City CommLuion with respect to any rotter considered at this meetio~, he/she I need a record of the procsedinfs end, for such purpose, b/she my need to ensure that a v~imtim record of the proceedings is de, which record include~ the teo*~flny and evidence upon which the appeal is to be bue~ (F.S. 286.010SJ e City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal )ortuntty to participate in and enjoy the benefits of a service, pro~n, or activity conducted by the City. Please-contact Joyce stello, (S61) ?426013 at lent twenty.four hours prior to the pro~rMn or activity in order for the city to reasonably accommodate reqnes See reverse side for important message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Il in the info-mation called for below and give to the City Clerk prior to the start of the City ~mmission Meeting. ddress ,lephone # 5d~// Agenda # ummary of Matter to be ~ddressed -~ne topic per card) ?vet / s.x_._ a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she 11 need a record or the proceedlnte and, for such purpose, he/she may need to ensure that a wrbetim record of the proceedings is ade, which record includes the tesH-,ony and evidence upon which the appeal is to be based. (F.S. 286.0105) ~e City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a dtsebflity in equal )portunity to participate in and enjoy the benefits of a service, prosram, or activity conducted by the City. Please con,act Joyce ..~..11~ /~:d~l! ~do-~a~_~ et f,ott ~wafli:v-four hours orior to the orojrram or activity in order for the city to reasonably accommodate 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~o~he start of the City Commission Meeting. Address Telephone # J Summary of Matter to b~ Addressed - (O~opic per card) If s person decides to appeal any decisio~de by the ~-ty 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 proceedinfs is made, which record includes the testimony sad 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 on 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 ¢ostello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to ressenaMy accommodate your request. ~~ FOR ITEMS NOT ON THE AGENDA- PUBLIC/~DIENCE Fill in the information called for below and give to the City Clerk ~lqor to the start of the City Address ~ ~ ~ ~ ~~ Telephone # ~ Summa~ of Matter to be ~ened - (On~topic per card) If s person decides to appeal any decision made by the City Commiuion with respect to any matter considered st thtt meett,,~, he/she ~ need s record of the procoedinfs and, for such purpose, he/she may need to ensure that s verbatim record of the proceedings is ~ade, which record includes the testimony and evidence upon which the appeal is to be brad. (F.S. 286.0105) rhe City shaft furnish appropriate auxiliary aids and services where necessary to afford an individual with s disability an equal )pportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce ~ostello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accom,~odate 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 ) /~ ~/! ~ ~-~ Telephone # Summary of Matter to be topic per card) f a person decides to appel any decision made by the City Commission with respect to any matter considered at this meeting, he/she rill need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is nade, which record includes the testimony and evidence upon which the appeal is to he based. (F.S. 286.olos) ?he City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ,pportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. PleaM contact Joyce :oatello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate 'our 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. Telephone Summary of Matter to Addressed f a person decides to appeal any decision made by the City Commission with respect to any matter considered at th~s meeting, he/she rill need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is aade, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) 'he City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal pportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce '.ostello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate our 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 pri/~r/to the start of the City Commission Meeting. ~ Name ////~/~/~ y ~/~/0 ~ ~/L/~/~ X/~ ~ TelePhoneS ~;/' ~~ ~~ ~ Summa~ of Matter to be *~dre,,,d ~~~ ~ ~/~ ~ ~~~~/' [fa ~r~n decides to appeal any dec. Ion made by the City Comm~ion ~ respect to any matter considered at ~ meetS, he/she ~ffi need a record of ~e proceeders and, for such p~ose, he/she may need to e~e ~t a verbat~ record of the procee~gs is made, which record ~cludes ~e testimony and e~dence u~n which ~e ap~ ~ to ~ brad. {F.8. 286.0105} ~he City sh~ ~h approp~te a~i~ aids and se~ces whe~ nece~ to afford ~ ~d~d~ wi~ a d~ab~ity an equ~ ~p~u~ to pa~cipate in and enjoy ~e benefl~ of a se~ce, pro~m, or acti~ conducted by ~e Ci~. Please contact Joyce ~oste~o, (561] 742-6013 at least ~enty-fo~ ho~s prior to the proem or acti~ ~ order for the ci~ to reasonably accommodate ro~ 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 ~:~ /l/ Address / / ~ Telephone# ~-~' /~ Summary of Matter 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. 286.01051 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individ~ with a disab/lity 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-fo~ir hours prior to the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE ill in the information called for below and give to the City Clerk prior to the start of the City ommission Meeting. 'elephone # ummary of Matter to be ~ddresaed -/(O e~topic per card} a person decides to appeal any decision made by the City Commission with respect to any rotter considered at this meeting, he/she 01 need a record of the proceedings and, for such purpose, he/she may need to ensure that · verbatim record of the proceedings is · de, which record includes the testimony and evidence upon which the appeal is to be based. {F.8. 286.0105) ae City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal )purtunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Plem contact Joyce 28tallo, (561) 742~013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accomm~iate mr request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Variances ZNCV 03-010, 03-011 and 03-012 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow a 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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, Flodda 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 Appli .cant ~ 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 Appli.cant's application for relief is hereby ~,., GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. DATED: S:\Planning\SHARED\WP~PROJECTS\Gateway All further development on the property shall be made in accordance with the terms and conditions of this order. Other... ,,,[~ _, ~,,,.o~ O~__/~Jity Clerk 23,24\DO ' Texaco~ZNC~3~l'7,: Driveways ZNVC 03-010, 03-011 and 03-0112.doc I : Location,.Map Gateway Texaco -'EXHIBIT "A" ~ PO; TER ~D I SI'TE , ; R3 REC 'EXHIBIT,.B,, J-'~l~/ililt li~l ~ ~l~ ', ¢ I! '~:'"'"'~,""~:'" ~ ~ ..... '"'"""'" "'""'"'"'"i ~i RTHeOUNo ~ ~ i~ u.s. H~OH W~~ NO. ~ I/ STATEM'ENT OF SPECIAL EXHIBIT "C"' ICONDITIONS STATEMENT OF SPECIAL CONDITIONS That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the property and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas'islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. Co That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: · EXHIBIT C" ! .,"'"~ II ' Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. That the granting 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 otherwise detrimental to the public welfare: Granting there variances Will be in harmony with the intent and purpose of this chapter and that these variances will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Driveways ZNCV 03-010, 03-011 and 03-012 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. Nome X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To bc determined. ~'~~ t.~. P~.a~ S:~Planning~SHARED\WP~PROJECTS\Gateway T~ ~ZNCV 03-010-03-017,23,24\COA Driveways ZNCV 03-010, 03-011 and 03-012.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Bedl Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Building setback ZNCV 03-013 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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. 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!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 conditions of this order. lall be made in accordance with the terms and 7. Other DATED: S:~Planning~SHARED\WI~PROJECTS\Gateway Texaco~ZNCV 03-010-03-017 City Clerk setback ZNCV 03-013.doc ..... Lo,ca~tio'n Map G teway- - a I exaco EXHIBIT "A" SITE IPUD R3 REC REC i ~ ':':~'~: '~:~' :" :i I~~~~ ~'~ CAR WASH ~X- I I ,; :...,..,.=.::,: . ,:. .;:: =,,, Ii!iI /~l .~¢ III ' - ..... ~ ......... c~--:-.:---', ..... ','= ,,k: ~.¢ l,],!.,- I I ~-~1 / '" , :.-'.~'.. ~,,\:, 'e_; ':' ,-- ' / L~. · ,,; · '~..\', --', . ~- i ~1 ' :.'- I ~: , "~ N %,' - ~ ~ / - ..,% ,,,,..o~ .t"' ~ = \ '~',." \-'. ~.,. '-. . / ;; "-=-'-~'~ ..... ~' '*"': = / . ,!i ,.:" i .- ~ ~.~.~: ·;-:,~ ~'_,',. o:~ .,.., ,. ', ,~ ~------.~.' .' '.r~ '"' 4 o-?- ','~il '.~"'". ' l, - *~/~'w ~ ~--'<) ' q ' "' .' ' - · ' ' ''~ ,~ I '" .,. :'/:%C~--:-:~.. "-' ". ':-~~' 4 ,~,r · _ -;~.,.?.....,:__...': .::.,. ~.. . .: ., , '~, q ' '~": .... .'....' ~ ' - ' · -'~ ~: I ~; '..~ IAF,"-: ..... .' '? i f ','. . , ~..~E ~':'7"?;-~." '. .... · :~.;, . I: '.4~. ,<:-. ~...: ..~~ I'-! ,'.. ........ -..... ....... I · _: ~ ~. ~ . . . . . ...... . . -... . : ,~ ~' ~.,:, 4 ' , . · ..-' ,r .... . · '. '- ',~ ~ , ... ,, -- :'\, :~ 1'/,- ...,.. ~. ,,-.,%. /:, .... . ~,,,It ~.,o ~.. :~ ....... '~ iii / ~ '.: '¥' . : ._. , , . -' -..... · - -. '. ,/t _I ¢, I" ~ .-I ~ _.. I.";t . '~' : ....... = -.- ' _...~, · c ~- .,,~ ~ :~-~ ~ :: /'~, '..' ""--: "· ' 'c:'~' ' "- ~' '-.: .~ I ' : '-, ,,'-:~ I ',.~.'- ' .~.__~ '~ ' . .~ :r . ~. ' · '[ I ' ~'~ " ' /~ ?.~,",:/,, / '% ~ .."~ °" ' ' · "' ' '/ ~ ~ · ,~' - ': "' t"' '"":' """' '"":/ · ,~, '. *-_ 't ~ ~. :. '- ' ' '' : · · .'-" · ' ' ' · ' - -' ',l* ~',~, ~. ...... ~ .... ' ' ': ' ". ...... .' ' · ' - ' ~ '~' ,,. ~ . '/ :r.~ ;=...-..4 _... :... - .. ,:: .-.~ ~ ii ~,~ ~.i i ~ll riTM ...... ~ ~' ~,' :. ! : '} ' ' ' ! ~ , ~ , V.~_....._ | -----.-._ ,. ! ~, ! ..... ~ ..,, · ~7 ~ -'~ .' I ~ - : .' :': '.:"~ ~'//T '."~-, I. I 'L..: t ' .; ~ .= //' ~. ,. , '-- · 1: ' " "¢' " "--:' ' / '~ ¢ = ] ~ ' ' -- ~' ' ~'.'.~a~.'/ · ----~-.?'- ." -" ;' ~ ' ' ' '"~ · ~'"'~-/ 1 _ . ~ -~-.--. ~__, i~ STATEIVIENT OF SPECIAL EXHIBIT "C" CONDITIONS STATEMENT OF SPECIAL CONDITIONS That special ccnditions and circumstances exist which are peculiar to the land, structure or building involved and which are no~ applicable to other lands, structures or buildings in the same zoning district: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the pr°'~erty and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: ...... i"'"' EXHIBIT "C" Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. Fo That the granting 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 otherwise detrimental to the public welfare: Granting there variances will be in harmony with the intent and purpose of this chapter and that these variances will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: ZNCV 03-013 Building Setback Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS. Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. At time of planting, minimum tree height shall be 14 feet to provide X necessary buffering along the north, south, and east sides of the project. SAPIanning~SHARED\WP~PROJECTS\Gateway TexacokZNCV 03-010-03-017,23,24\COA Building setback ZNCV 03-013.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 0~- DATE Of HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Canopy and gasoline pump islands ZNCV 03-014 and 03-015 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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. The appli .cant ~' 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 f~' 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. 7. Other DATED: I0-~0~ $:~Planning~SHARED\WP~PROJECTS~Gateway Texaco~ZNCV 03010-03-017 ind 03--015.doc SITE ' R3 R3 Location M ap Gateway Texaco IPUD REC REC EXHIBIT '"A" J iT STATEI' ENT OF SPECIAL EXHIBIT "C CONDITIONS STATEMENT OF SPECIAL CONDITIONS That special ccnditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, 'structures or buildings in the same zoning district: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the property and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. Co That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. Eo That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. That th'e granting 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 otherwise detrimental to the.p[Jblic welfare: Granting there variances Will be in har~6ny' With the intent and purpose of this chapter and that these variances will no~ be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD ] Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ SSPlan~ !n.g?HARED\WP~PROJECTS\Gateway Texaco~2qcv 03-010-03-017,23,24\COA Canopy and Gasoline pump islands ZNCV 03-014 and 03- UI~.QOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Landscape buffers ZNCV 03-016 and 03-017 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowedng groundcover to allow a vadance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a five (5) foot buffer for an existing gas dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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. The AppJi.~,ant ,~,. 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 Appli .cant'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. 7. Other DATED: /O S:~Planning~SHARED~WP~PROJECTS\Gateway Texaco~ZNCV 03-010-03-017 SITE R3 R3 Location .... Map Gateway Texaco IPUD REC REC EXHIBIT "A'; 1/ j '1 1 ,5 .J ..~,~ .i ..... ,. ~ '~'~ ,'~ - ,-,.. -:, .~ I,, fllll , ,. ~,,..,- ,-,- ,-: ', ',- II~i:I~II YdD! ., ~-- ,.- ,,, ~-- , .,=..,.=,=...~,,,,~,,,,.~ ,., --- ~~ ,I-- . i. STATEIVlENT OF SPECIA'L EXHIBIT "C": CONDITIONS STATEMENT OF SPECIAL CONDITIONS That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district: ......... There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the pro'perry and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. Bo That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the ..applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. Co That granting the variance requested will not confer on the applicant any special-privilege that 'ii'denied by this Ordinance to other lands, buildings' Or structures in the same zoning district: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. Do That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. Eo That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: EXHIBIT "C,.. Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which .will better fit in with the surrounding neighborhood. Fo That the granting of the variance '~vill 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 otherwise detrimental to the public welfare: Granting there variances Will be in 'harmony with the intent and purpose of this chapter and that these variances will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Landscape buffers ZNCV 03-016 and 03-017 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 1. Providing a substitute form of screening of the site along North Federal Highway where possible such as planter pots or boxes. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:XPIanningXSHARED\WP~PROJECTS\Gateway TexacoLZNCV 03-010-03-017,23,24\COA Landscape buffers ZNCV 03-016 and 03-017.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Sign setback ZNCV 03-023 Relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5 requiring all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in five (5) foot setback for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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. The App. lic/ant ~,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. lic~nrs application for relief is hereby .z~j._ 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 and conditions of this order. 7. Other made in accordance with the terms %oYNTo~ DATED: I 0 -~ 5/- O_~ S:\Planning~SHARED\WP~PROJ ECTS\Gateway Texaco~ZNCV 03010-03-017 SITE R3 Location ,Map Gateway Texaco EXHIBIT "A" IPUD REC REC ~ ,.,,,,,, ..,.,.,.~.,,,.,:,, .,..,,:..,,..,.,.,, : .'..~ .................. 4- .......................:__ ;. / ,, !: ~ ......... ~- .... ~ .... , '~, --- I ' g ifil ,,. r , , .... .--' .-': ~ q~l~ .., :,, .- TATEMENT OF SP C!AL EXHIBIT "C" CONDITIONS STATEMENT OF SPECIAL CONDITIONS That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the pro'~erty and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. Bo That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. Co That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: Granting of these variances is the minimum variances that would make possible the 'reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. That the granting 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 otherwise detrimental to the public welfare: Granting there variances will be in harmony with the intent and purpose of this chapter and that these variances Will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Sign setback ZNCV 03-023 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Coiranents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conc~tions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Tobe determined. ~'~m-a~ _., S:~Planning~SHARED\WP~PROJECTS\Gateway Texaco~NCV 03-010-03-017,23,24\COA Sign setback ZNCV 03-023.doc PROJECT NAME · APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Marouf's Car Wash Mr. Beril Kruger - Beril Kruger Planning & Zoning Consultants 9 Northeast 16th Street, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a mechanical car on a 0.23-acre lot in the C-3 zoning district LOCATION OF PROPERTY: 2360 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The App_li.?~ant _z~_ 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 Applj.?,ant's application for relief is hereby _Z~_ 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. 7. Other DATED: Clerk S:\Planning\SHARED\WP\PROJ ECTS\Gateway Texaco\Marouf'= 3011\DO.doc LOCATION MAP Zuhair Marouf Proposed Car Wash S !=13 1/8 MILES h" MAROUF'S CAR WASH Landscape Plan MAROUFS CAR WASH LAS PALMAS AV~_NUL BOYTON BE~CH. FLO~D~ 33435 EXHIBIT "B"' MAROUI~'S CAR WASH EXHIBIT J~J , [ -;1 [ H. Burlon.~tnith, P.E. · }~Y~C'~? COX%t I TI%(; ', IXI:['II5; MAROUF'S CAR WASH EXHIBIT,B" CAR WASH FXHIRIT "B" ' EXHIBIT;"B"' " _MAROUF'S CAR WASH Irrigation Plan EXHIBIT "B" MAROUF'S CAR WASH Irrigation Details & Notes EXHIBIT "C' Conditions of Approval Project name: Marouf's Car Wash File number: NWSP 03-011 Reference: 2aa review plans identified as a New Site Plan with a September 16, 2003 Planning and Zonint, date ~' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application, contact the Public Works Department (561) 742- X 6200 regarding the storage and handling of refuse. 2. Indicate in your response how solid waste will be handled at this site, by X rollout cart or dumpster. If the expected level of trash cannot be handled by rollout cart, a dumpster enclosure will be required and shall be constructed in accordance with City Standard Drawin~ G-4. PUBLIC WORKS - Traffic Comments: 1. Provide a copy of the thirteen (13) foot ingress/egress easement through the X Gateway Texaco station for review and approval and reflect it on the site plan. 2. Provide complete detail(s) for handicap parking, using City Standard X Drawings K-3 and K4. UTILITIES Comments: 3. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating City Code regulations X of 1,500 g.p.m, as stated in Chapter 6, Article IV, Section 16, or the requirement(s) imposed by insurance underwriters, whichever is greater. 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon f'mal meter size, or expected demand. 6. Utility construction details as shown on the Site Development Detail sheet 3 X of 3 will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's COA 10/09/03 DEPARTMENTS INCLUDE REJECT "Utilities Engineering Design Handbook & Construction Standards" manual; they will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 7. Proof of other agency permits shall be required prior to the issuance of the X paving and drainage permit. 8. The scale of the landscape plan shall match that of the site plan (Chapter 4, X Section 7.C.1.). The use of a 1:10 scale is preferred. 9. The Pink Tabebuia (proposed east of the driveway) shall be relocated after X revi~qing the sight triangles. 10. Sidewalks shall be four (4) feet wide along local streets, and five (5) feet wide X along streets of higher classification (LDR, Chapter 6, Article IV, Section 10.T, and Chapter 22, Article I, Section 5). 11. Sidewalks shall meet or exceed State Handicap Code requirements and X comply with the Standard Building Code and amendments thereto (LDR, Chapter 23, Article II, Section K). 12. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). 13. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 14. Will the existing masonry wall on the adjacent property (to the east) be X removed prior to construction of the new six (6) foot masonry wall? If the existing 70 feet of six (6) foot wall on the abutting property (shown on the survey) is not to be razed, obtain approval of the property owner to tie into that wall. If the new privacy wall must be constructed, then arrangements should be made to remove the existing wall, otherwise there will be two (2) six- foot walls with approximately three (3) feet between them. 15. Paving, Drainage and Site details as shown on the Site Development Detail X sheet 3 of 3 will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach "Engineering Design Handbook & Construction Standards" manual and will be reviewed for constructability at the time of construction permit application. FIRE COA 1 O~ 15/03 3 DEPARTMENTS INCLUDE REJECT Comments: None X POLICE Comments: None X BUILDING DMSION Comments: 16. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 19. The applicant must indicate on the landscape plan the existing trees / X vegetation that will be preserved, relocated or removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.). 20. The Las Palmas road fight-of-way must receive Floritam sod and irrigation X (Chapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 21. The City Commission must approve the administrative appeal to the denial of X the sidewalk waiver or provide sidewalk as required. COA 10/09/03 DEPARTMENTS INCLUDE REJECT 22. As per the past City Commission condition: the hours of operation shall be X limited to day light hours (due to lack of site lighting), not to exceed 7:00 a.m. to 7:00 p.m. 23. As per the past Community Redevelopment Agency Board condition: no X sound system shall be on the property for music or communication with employee or customer that would be audible from the adjacent residential properties. 24. As per the past Community Redevelopment Agency Board condition: the X proposed parking space shall be limited to employee parking and not used for vehicle servicing. 25. Construction of the new buffer wall (along east property line) shall be X completed prior to the issuance of a certificate of occupancy or certificate of completion (Chapter 2, Section 4.L.). 26. All height dimensions, including mean roof height and top of cupola, need to X be shown on the elevations. 27. Ensure that all the proposed plant quantities correspond between what is X shown on the graphic illustration and its corresponding plan list on sheet "L- ,,. 28. The proposed monument sign must be located at least 10 feet from the X property line (Chapter 21, Article III, Section 5). Either eliminate the monument sign or relocate it elsewhere on-site to comply with code. Staff recommends relocating the structure away from Las Palmas Avenue since the subject lot's ingress is proposed at the northwest comer of the site. 29. The base of the proposed monument sign shall be enhanced with colorful X groundcover plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article II, Section 5.0.). 30. On the monument sign, indicate the anticipated letter colors (Chapter 9, X Section 10.F.). 31. Staff recommends installing security gates at all points of access on the X subject property. 32. Instead of applying for a wall variance, staff recommends that the applicant X work with the abutting property owner (to the east) to raze the existing wall (on the abutting property) and construct a new wall in its place on the subject property. 33. Staff recommends that the buffer wall (along the east property line) be X e~hanced with score lines, cornices, and caps. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COA 10/15/03 5 DEPARTMENTS INCLUDE REJECT COMMENTS: Comments: 34. The required number of parking spaces (two spaces) shall be correctly X indicated in the site plan tabular data. 35. Eliminate the "knock-down" detail tent. X 36. Comment #21 to be rejected as applicant has agreed to install sidewalk as X required by staff. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 37. To be determined. L~~ ELJ S:\Planning\Shared\Wp\Projects\Gateway Texaco\Marouf's Car Wash NWSP 03-01 l\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Sunbelt Hydraulics APPLICANT'S AGENT: Mr. Joseph F. Houston with Kerns Construction, Incorporated APPLICANT'S ADDRESS: 2720 Windsor Avenue, West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Request site plan time extension for a 12,480 square foot industrial building on 1.44 acres in the M-1 zoning district, including a one (1) year time extension of the site plan approval granted on August 6, 2002 (an extension to August 6, 2004. LOCATION OF PROPERTY: Lot 9 of Boynton Beach Industrial Park North DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date aboVe. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The App~li.,Gant .~. 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,,c, ant's application for relief is hereby _/L. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the and conditions of this order./ 7. Other ~/~ ~ DATED: I0-~/',. 0-~ ~ !' S:\Planning\Share~Wp\Projects\Woolbdght Plaza\SPTE 03-.001\DO.docS:~Olann~l ]11 be made in accordance with the terms ~'-ty d~erl~ ~lbelt Hydraulics\SPTE~DO.doc Loc~tion Map Sunbelt Hydraulics EXHIBIT "A" SITE 400 0 400 800 !Ii i i t! 1200 1600 Feet N EXHIBIT f ,....Ill] ......., EXHIBI-i- "B" !-4 J EXH!B!T "B" KERNS E~HIBIT E~H EXHIBIT '-' C"' Conditions of Approval Project name: Sunbelt Hydraulics File number: SPTE 03-003 Reference: ~lication received Jut? 30, 2003 PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 2. To be determined. S :~Planning~Shared~Wp~Orojccts~S unbolt Hydraulicz~S PTE\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA . PROJECT NAME · The Harbors APPLICANT'S AGENT: Mr. Gregory Mire, PSM with Keith &Associates, Incorporated O~_.~ L~C... APPLICANT'S ADDRESS: 301 East Atlantic Boulevard, Pompano Beach, FL 33060 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2003 OCTo'I~_..I~. 2..I, ZoOS TYPE OF RELIEF SOUGHT: Abandon a 15-foot wide utility easement LOCATION OF PROPERTY: 2300 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR 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 ,~' 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 o 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. 7. Other DATED: -lO -~,.,~-'0~ S:',Pla nning\Sha~'ed\Wp\ProjecLs\Harbors, The\NWsp City Clerk 04\DO.doc Location Map The Harbors EXH lB IT "A" . -- :" N-c-20TH!A~¢£ ' ' t' PUD ;C3i R3 7 , , il · ¢ ST' R3 LAKE WORTH/ CWW !1 ~ j IIiIIllllllll ~i ~i ~':!. - ,.-;lll:~! i Z~/ CITY OF BOYNTON BEACH, FLORIDA THE HARBORS PREPARED FOR CENTEX HOMES DESIGN SOUTH EXHIBIf "B"' SKETCH 0F LOCATION SKETCH NO]' TO SCALE DESCRIPTION: Thst portion ~f LO~ 6 SAM BROWN Jr.'s HYPOLUXO SUB01VlSION [o the City of Boynton Bench. P~lm 8~sch Coun[y, according to the PIo~ thereof on file in ~he office of the Clerk of ~he Circui~ Court in and for Polm 8each County, Florida, in Pla~ Book 1, Page 81; less the right-of-way ~or State Rood 5 (U.S. Highway No. 1) described as follows: A 15 foot STRIP OF LAND whose center line is commencing at that o point on the North Property Line that is o distance of 786.97 feet east of the Florida East Coast Railroad right-of-way; said point being the SE corner o; Lot 12. LAS PALMAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the C[rcuit_Court in and for PaJm Beach County, Florida, recorded in Plat Book 25, Paae 24.2. Said 15 foot sr..in of land extends south to the sought, property line to a point that is a distance of 804.19 feet east of the Florida East Coast Rcilwoy Right-of-way. Subject to existing easement, or right-of-way of record. (os recorded in Official Records ~ook 2256, page 1698, P.B.C.R.) LEGEND: · Indicates set iron rod or nail and disc with J'9O. LB6860 identifier. F.E.C. FforZdo East Coast O.R.8. Official Records Book P.B.C.R. Palm ~eu,:h County Records Pla( Book ~ente hn. symbol SURVEY! LOT ~ ? ¢...',. LOT j (O.R.9. ' \ ~$' SEWER ~ 385j. =O. PLAT J ~¢~' *.~.c...) SE CORNER LIMITS LOT 1 2 :s-oa'-i L, J~o r.~.c. ,~,1,,o..oo¢ RACY J p.~LRO~O 7a. 697' -- g 39 O >- T' · ~ 40 Z ~D ~D ~ 41 I 42=, ~4,.o _L_..-PLAT I to r.¢..c. I ~/J !5' UTILITY ~ASEMENT ~,ILROAD 804.. t 9' ' (O.R.B. 2256. 7 ~. ~7, ~.B.c.m) SA~ B~OWN d~'s Gregory S. Mire Professional Surveyor and No. ¢437 S~ate o~ Florida S4 JTiLiT"; EASEMENT A PORTION OF LOT 6. SAM BRO',V,Xl jr.'s HYPOUJXO £U~OtVISlON, P.B. 1, PO. 81, 8OYtlf0,'l J D,~ TE o8/04/~o3 SCALE 1'-3o' j FIELD BK ISg-~1 D'.~.NG. BY 0SUJ '~:JX .BY gm .j j , j N:02023.3 ;.,'Sb R'¢CY/CA00'J EXHIBIT "C" Conditions of Approval Project name: Harbors Abandonment File number: A.BAN 03-004 DEPARTMENTS INCLUDE P.EJECT PUBLIC WORKS- General Comments: None X ~ PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval DEPARTMENTS 1NCLUDE RE.IECT PRIVATE UTILITIES Comments: 1. Adelphia: None. X 2. Florida Power & Light: b-~P&L acquiring all additional easements for any and all existing or proposed FP&L facilities necessary to service any and all existing / proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to 10 foot wide easements adjacent to both sides of all major thorough fares; All easements where FP&L facilities exist are not considered abandoned until said facilities are de-energized, relocated, and / or removed; Any and all costs resulting in the relocation or removal of FP&L facilities due to said abandonment are paid by the customer and / or property owner and / or requesting party. 3. Florida Public Utilities Company: None. X 4. Bellsouth: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\PlanningiSHARED\WP,J~ROJECTS\Boynton Commerce CtS. Boynton Con" rce Cfr Lol 3B~ABAN 03-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · APPLICANT'S AGENT: Gateway Texaco Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants AGENT'S ADDRESS: 9 Northeast 16th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification to construct a 681 square foot addition to an existing 1,719 square foot gasoline- dispensing establishment for a total of 2,400 square feet on a 0.48 acre lot in the C-3 zoning district. LOCATION OF PROPERTY: 2360 North Federal Highway DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The App. li/cant ~ 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 X 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 and conditions of this orde~ 7. Other DATED: IO" ~ Z~.. 0.3 S :~Planning~Shared\Wp~roj ects\Gateway Texaco\COUS all be made in accordance with the terms ~~C~ Ci~ C(erk ~SITE ~ Location Map Gateway Texaco EXHIBIT "A" R3 R3 IPUD REC REC NORTHBOUND U.S. EXHIBIT "B" _,; X 9~ox [ Z ~ PROPOSrD A~DtTI~ AND ALT[RATIONS CAR W4~H 'I~XACO EXHIBIT '"B'" - EXHIBIT CARWASH TEXACO Landscape Pla~ Ji CARWASH TEXACO In'igation .Plan -IIBIT¢,B,,.~ CARWASH TEXACO hTigation Details & Notes ---'~ :-~..:_.-_ :_~ :: :_':~"~-:; ~=":~ CARWASH TEXACO ~'"' ':":'":'"'~- "~ - ~"- .._i ~! - Landscape Plan. Details. & Notes ;::~.,:~ :-_--: ..:, .~:: al.,,,-t- 24. 76' 22.76' 20.7~' .,~..,, ~ 15.76' ' 0.00' Car 1 8~6t8' .81 EXHIBIT, "B" "TEXACO" LOGO AND LE'I-I'ERING - EXISTING SIGNAGE "Food Mart" IDENTIFICATION - EXISTING SIGNAGE "Car Wash" - NEW SIGNAGE "Gasoline" PRICE INDEX- EXISTING SIGNAGE "Diesel" PRICE INDEX- EXISTING SIGNAGE EXISTING GRADE EXISTING SIGNAGE W/ PROPOSED ADDITION 1t4 SC. GATEWAY TEXACO 2360 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 EXH!~,!T "B" I!I I ,:i! I i'iI~ I [ : [ Iiili , I SITE PHOTOMETRIC PLAN FOR: GATEWAY TEXACO 2360 N. FEDERAL HWY. BOYNTON BE,~t~I:~, FLORIDA, 33435 date ,jjJ!lJJjJj! liJjc! ;Ii. iq · j~ .L- ' ' ,,,-J- o-;-,i, t;Jl~ I - i t · t iii-': '":~" I ~j ii ,j~tdlJtJ.iJJ~JJJ~.J.~ ~llj iljJ iill~jJJ!i!JlJi ~- ' !- ~ ":* ii' il~ ', iris l.jb, '-, ! Iii iii! jJij :ilJi~jJJ PI llll .j!. 'iii -r' Ji - -il- Jl ~J '''l · ' ' l .... J- J k- j JJ j,, - j [ . · iiiiii s fl, l~zirl, m .~,*l,illz. I~. E. CAR WASH TEXACO I : : ~ 'l: ' l'' ~ill lI :Ill.:i:: : ' :': ~: :~::. :' iii.Il :J: iI;~jl I:IIi: ill Il,' jl4',jl~l :"'" [':;:1:: Jail: ' ...... 'Ji~i::ll i .'LI ~ '1; H. Burton Smith, P.E. CONSULTINC £NGm£EIL~ SITE DEVELOPMENT DETAILS MAROUF CAR WASH Ii I' ~llh...,[! ::,,, -I!1 :' :ii! ljlj HIBIT "B' EXHBIT "C" Conditions of Approval Project name: Gateway Texaco File number: COUS 03-007 Reference: 3~a review plans identified as a Conditional Use with a September 23, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Show parking stops on the plans. These will be required to prevent vehicles X from overhanging sidewalks and reducing accessible width. 2. A signed and executed ingress / egress easement must be reviewed and X approved b7 Cit7 prior to the issuance of a buildin~ permit. UTILITIES Comments: 3. Utility construction details as shown on Civil Engineering (CE) sheets 3 of 3 X will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual; the), will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Proof of other agency permits shall be required prior to the issuance of the X paving and drainage permit. 6. Sidewalks shall be four (4) feet wide along local streets, and five (5) feet wide X along streets of higher classification (LDR, Chapter 6, Article IV, Section 10.T., and Chapter 22, Article I, Section 5). 7. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Use 25 (twenty-five) foot triangles for the driveway onto/off of COA 10~9~3 2 DEPARTMENTS INCLUDE REJECT Las Palmas. Please note, in accordance with the referenced section of the LDR, that the sight triangles are placed at the intersection of the property line and side of accessway. Use FDOT Standard Index 546 for the sight triangles along Federal Highway, following that standard for triangle placement. 8. The medians on Federal Highway and the chase area(s) in the vicinity of this X project have existing irrigation and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with the above stated information. 9. Full drainage plans in accordance with the LDR, Chapter 6, Article W, X Section 5 will be required at the time of permitting. Any work done within the right-of-way and/or to existing facilities within the right-of-way of Federal Highway will require review, approval and permitting by the Florida DOT. 10. Paving, drainage and site details as shown on site development sheet 3 of 3 X will not be reviewed for construction acceptability at this time. The details provided are outdated. All engineering construction details shall be in accordance with the "City of Boynton Beach Engineering Design Handbook & Construction Standards and will be reviewed for constmctability at the time of construction permit application. The Engineering Design Handbook may be obtained by contacting the Engineering Division. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 11. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of perrnit application. 12. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the COA 10/09/03 3 DEPARTMENTS INCLUDE REJECT accessible parking spaces and the accessible entrance doors to the building. The installed symbol, required along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 11- 4.3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones) of the 2001 FBC. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. Parking access aisle shall slope no more than 1:50 per Florida Building Code 11-4.6.3. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 FBC]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. The propane gas storage area shall comply with the requirements of NFPA 58. X Indicate the capacity of the container, how the container is protected from physical damage, etc.. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: COA 10/09/03 4 DEPARTMENTS INCLUDE REJECT 17. The applicant must indicated on the landscape plan the existing trees / X vegetation that will be preserved, relocated or removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.). 18. The Las Palmas road right-of-way must receive Floritam sod and irrigation X (Chapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 19. If approved, the proposed building addition would be limited to 600 square X feet in order to be consistent with the previous City Commission approval of the Administrative Appeal (ADAP 03-001). 20. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-010): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 21. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-011): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 22. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-012): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 23. Approval of the proposed building addition is contingent upon the granting of X the requested building setback variance (ZNCV 03-013): see accompanying staff report. However, if approved, this variance must be indicated in the site plan's tabular data. 24. Approval of the proposed building addition is contingent upon the granting of X the requested canopy setback variance (ZNCV 03-014): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 25. Approval of the proposed building addition is contingent upon the granting of X the requested canopy setback variance (ZNCV 03-015): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 26. Approval of the proposed building addition is contingent upon the granting of X COA 10~9~3 5 DEPARTMENTS INCLUDE REJECT the requested buffer variance (ZNCV 03-016): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Also, staff recommends that the Ixora "Nora Grant" shrubs be 36 inches in height at the time of installation within the landscape buffer along Las Palmas Avenue and where possible, additional screening shall be provided (i.e. planters) along North Federal Highway. 27. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-017): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 28. Approval of the proposed building addition is contingent upon the granting of X the requested sign variance (ZNCV 03-023): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 29. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-024): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Staff is recommending that the angled parking space, which is proposed to protrude into the east landscape buffer, be eliminated so as to nullify the need for the variance. If the proposed parking space were eliminated, the variance would only apply to the vehicular encroachment into the north landscape buffer. 30. Revise the site plan tabular data so that it correctly indicates the number of X required parking spaces (2,400 square feet ~ 1/250 = 10 spaces). 31. The cross-access agreement between the two (2) lots must be approved by the X City Attomey's office and recorded prior to the issuance of a building permit. 32. The existing wall must be refurbished (in those areas of its decay) and X repainted to match the color of the Gateway Texaco building. 33. Ensure that all the proposed plant quantities correspond between what is X shown on the graphic illustration and its corresponding plan list on sheet "L- ,,. 34. Non-word depictions on signs shall be limited to 20% of the area of the sign X erected. Color limitation shall not apply to non-word depictions on signs (Chapter 9, Section 10.1.4.). On the elevations, indicate the area of the non- word depictions in order to ensure compliance with the aforementioned code. 35. The freestanding pole sign is nonconforming in terms of its height and setback. X The maximum sign area for the freestanding pole sign shall be one (1) foot of sign area for each linear foot of street frontage; no such sign shall exceed 64 square feet in area (Chapter 21, Article IV, Section 2.B.). On the elevations, indicate the existing signage area of the freestanding sign to ensure compliance with the Regulations. COA 1~15~3 4 DEPARTMENTS INCLUDE REJECT 17. The applicant must indicated on the landscape plan the existing trees / X vegetation that will be preserved, relocated or removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.). 18. The Las Palmas road right-of-way must receive Floritam sod and irrigation X (Chapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 19. If approved, the proposed building addition would be limited to 600 square X feet in order to be consistent with the previous City Commission approval of the Administrative Appeal (ADAP 03-001). 20. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-010): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 21. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-011): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 22. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-012): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 23. Approval of the proposed building addition is contingent upon the granting of X the requested building setback variance (ZNCV 03-013): see accompanying staff report. However, if approved, this variance must be indicated in the site plan's tabular data. 24. Approval of the proposed building addition is contingent upon the granting of X the requested canopy setback variance (ZNCV 03-014): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular 25. Approval of the proposed building addition is contingent upon the granting of X the requested canopy setback variance (ZNCV 03-015): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 26. Approval of the proposed building addition is contingent upon the granting of X COA 10/15/03 5 DEPARTMENTS INCLUDE REJECT the requested buffer variance (ZNCV 03-016): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Also, staff recommends that the Ixora "Nora Grant" shrubs be 36 inches in height at the time of installation within the landscape buffer along Las Palmas Avenue and where possible, additional screening shall be provided (i.e. planters) along North Federal Highway. 27. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-017): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 28. Approval of the proposed building addition is contingent upon the granting of X the requested sign variance (ZNCV 03-023): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 29. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-024): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Staff is recommending that the angled parking space, which is proposed to protrude into the east landscape buffer, be eliminated so as to nullify the need for the variance. If the proposed parking space were eliminated, the variance would only apply to the vehicular encroachment into the north landscape buffer. 30. Revise the site plan tabular data so that it correctly indicates the number of X required parking spaces (2,400 square feet ~ 1/250 = 10 spaces). 31. The cross-access agreement between the two (2) lots must be approved by the X City Attorney's office and recorded prior to the issuance of a building permit. 32. The existing wall must be refurbished (in those areas of its decay) and X repainted to match the color of the Gateway Texaco building. 33. Ensure that all the proposed plant quantities correspond between what is X shown on the graphic illustration and its corresponding plan list on sheet "L- ,,. 34. Non-word depictions on signs shall be limited to 20% of the area of the sign X erected. Color limitation shall not apply to non-word depictions on signs (Chapter 9, Section 10.1.4.). On the elevations, indicate the area of the non- word depictions in order to ensure compliance with the aforementioned code. 35. The freestanding pole sign is nonconforming in terms of its height and setback. X The maximum sign area for the freestanding pole sign shall be one (1) foot of sign area for each linear foot of street frontage; no such sign shall exceed 64 square feet in area (Chapter 21, Article IV, Section 2.B.). On the elevations, indicate the existing signage area of the freestanding sign to ensure compliance with the Regulations. COA 10/15/03 6 DEPARTMENTS INCLUDE REJECT 36. Any sign or additional signage area proposed on the subject property that X advertises for a use on an adjacent property would be classified as an off- premise sign. An off-premise sign is not permitted pursuant to Chapter 21, Article II, Section 3.S of the Land Development Regulations. However, if the "Carwash" wording is part of the official business name, provide document to verify same. Wording on the sign should graphically and accurately reflect / correspond with the official business name. 37. On the elevation pages, calculate the area (in square feet), including their X dimensions, of each sign so that collectively, the cumulative area of all wall signage complies with Chapter 21, Article 4, Section C.3. Also, indicate the letter colors and sign material. Chapter 9, Section 10.I.6 of the City Of Boynton Beach Land Development Regulations requires that project signage be in scale with the building. 38. Rooftops will be treated as part of the building elevation. All rooftop X equipment must be completely screened from view at a minimum distance of 600 feet (Chapter 9, Section 11.E.). 39. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.CA.). Place a note on the elevations indicatin$ this requirement. 40. Also, if approved, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional X Uses, a time limit would be required for project development. Staff recommends a period of one (1) year be allowed to obtain a building permit (excluding permits for land clearing). ADDITIONAL COMMUNITY REDEVELOPMENT AGNECY COMMENTS: Comments: 41. Provide directional signs (regarding the carwash) on the gas station property at X the north driveway opening along Federal Highway. 42. Comment #23 rejected consistent with Board's denial recommendation on X setback variance. 43. Comment #29 to be rejected to reflect applicant's withdrawal of buffer X variance. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. To be determined. ~ SAPlanning\Shared\Wp~Projects~Gateway Texaco\COUS 03-007 Gateway T~COA.doc - City Commission --m Meeting _ 10/21/03 '-' 0 DEVELOPf PROJECT NAME · UT ORDER OF THE CITY COMM ~ION OF THE CITY O.F BOYNTON BEACH, FLORIDA REVISED The Arches APPLICANT'S AGENT: Nancy Graham - Urban Principles, LLC APPLICANT'S ADDRESS: 319 Clematis Street Suite 512 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a large scale mixed-use development - Revised Conditions of Approval M0 LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway 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. 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 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. 7. Other DATED: I0 S:~Planning\SHARED\WP\PROJECTS~ARCHES EXHIBIT "C" Revised Conditions of Approval ~ ~0.3Lff~, Project name: The Arches F_~ File number: NWSP 03-002 Reference: 2~ review plans identified as a New Site Plan with an April 22, 2003 P!anning & Zoning Division date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied b7 Public Works. PUBLIC WORKS- Traffic Comments: 2. Provide "2 Hr Parking - 8:30 A.M. to 5:30 P.M." signs along Ocean Avenue, X SE 1st Avenue, SE 2nd Avenue, and SE 4th Street, at approximate 100 feet spacing. _ ....... 3. Add "No Parking" signs alon~ Federal Highway. X UTILITIES Comments: 4. All utility easements shall be shown on the site plan, landscape plan, and X water and sewer plans. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside the easement to ensure that the roots and branches will not impact those utilities within the easement in the foreseeable future. According to Chapter 7.5, Article I, Section 18.1, the public utilities has the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 5. 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)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Conditions of Approval DEPARTMENTS INCLUDE REJECT 7. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate a~encies. This statement is lackin~ on the submitted plans. FIRE Comments: 8. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. 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. 9. 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. 10. High-rise buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 11. Class 1, Type 60, standby power in accordance with NFPA 70, National X Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4..2. POLICE Comments: None X ENGINEERING DIVISION Comments: 12. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1 .b). 13. A new SFWMD permit or a modification to the existing permit will be X required for the proposed tie-in to the storm sewer system in SE 1 st Ave 14. Stormwater connection fees (Fee-In-Lieu-of Capital Improvements) will be X calculated and assessed after the SFWMD permit and stormwater connection issues are reconciled. 15. Provide an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. DEPARTMENTS INCLUDE REJECT 1o. l~ull Oramage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. Additional comments and corrections to this plan may be generated at that time. BUILDING DIVISION Comments: 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for 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 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). 18. On the drawing titled site plan, identify and label the symbol that represents X the property line. 19. At time of permit review, provide a completed and executed City of Boynton X 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. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, 24 CFR 100.205). Conditions of Approval DEPARTMENTS INCLUDE REJECT 22. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 23. At the time of permit review, submit details of reintbrcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply 24. All bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7 (2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plans and designate which design option of requirement #7 (A or B) is being used. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 25. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (LUAR 03-003). 26. Approval of this project is contingent upon the approval of the corresponding X request to abandon the Southeast 1st Street alley (ABAN 03-002). If the abandonment is unsuccessful, modify site plan accordingly. 27. All proposed uses must be consistent with the MU-H zoning district identified X in Table 6F-1 in Chapter 2, Section 5.F.4 of the Land Development Regulations. 28. The proposed building areas must match between the traffic study and the site X plan. Prior to the issuance of the first building permit, the Palm Beach County Traffic Division must approve the traffic study. 29. A unity of title will be required prior to the issuance of a building permit. X 30. The drainage statement is required prior to the issuance of a building permit X (Chapter 4, Section 7.F.2.). 31. The average area of all residential units must not be below 1000 square feet X (Chapter 2, Section 6.F.5). On the site plan (sheet 3 of 6), 'indicate the average size of all the units to ensure compliance with the Land Development DEPARTMENTS INCtUDE REJECT Regulations. 32. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the note for X Building "E" to indicate that the parking garage will be nine (9) stories tall (ground floor through 8~h floor will be for parking, the 9th floor will be lbr the recreation area). 33. The site plan (sheet 3 of 6 prepared by Shah Drotos) indicates that all of X Building "D" will be eight (8)-stories tall. However, the elevations and floor plans show the eastern portion of Building "D" will be only four (4)-stories tall. Revise the site plan (sheet 3 of 6) so that it accurately corresponds to the floor plans and elevations. 34. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the required X number of parking spaces from 749 spaces to 750 spaces. Also, correct the number of provided parking spaces: (718 spaces in garage plus 35 surface parking spaces equals 753 parking spaces). 35. On the site plan (sheet 3 of 6 prepared by Shah Drotos), eliminate the X handicap parking spaces shown within the valet area on the north side of Southeast 1 st Avenue. No parking may occur in this valet area. 36. Correct the number of provided parking spaces in the "garage summary" on X the First Floor Plan (prepared by Looney Ricks Kiss). Ensure that the parking summary on the plans prepared by Looney Ricks Kiss is consistent with the site plan (sheet 3 of 6 prepared by Shah Drotos). 37. Show the 88th parking space on the "Eighth Floor Plan" of the parking garage X (prepared by Loone7 Ricks Kiss). 38. On the west elevation of the parking garage (prepared by Looney Ricks Kiss), X indicate by note that the 9th floor will be the "Pool Deck / Garage Roof". 39. On the site plan (sheet 3 of 6 prepared by Shah Drotos) tabular data, revise X the note that currently reads, "OFFSITE PARKING PROVIDED (NOT COUNTED IN REQUIRED SPACES) to read the following: OFF-SITE PARKING (NOT INCLUDED IN PROVIDED SPACES) 40. Required parking for restaurants: One (1) parking space per two and one-half X (2 ~/2) seats, but not less than one {1) parking space per 100 square feet of gross floor area (Chapter 2, Section 11.H.). Place a note on the site plan (sheet 3 of 6 prepared by Shah Drotos) that, based on the parking methodology used, the total number of seats for all restaurants shall not exceed 50 315 seats. Any additional seats will affect the required number of parking spaces and may cause the project to fall below the development standard. 41. As presented, the project will be limited to 12,600 square feet of restaurant X space, 24,296 square feet of retail space, limited to 20,652 square feet of total leasable (net) retail area and 18,169 square feet of office space, limited to 15,444 square feet of total leasable (net) office area (Chapter 2, Section Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT l l.H.d.(2)). Any increase in the leasable areas of the retail or office space would affect the total number of required parking spaces and therefore, may cause the entire project to fall below the development standard. 42. The number of dwelling units / unit type mix should match between the floor X plans (prepared by Looney Ricks Kiss) and the site plan tabular data (sheet 3 of 6 prepared by Shah Drotos). 43. The removal / relocation of trees is subject to review and approval by the City X Forester / Environmentalist. 44. On the landscape plan, ensure that the landscape species and quantities match X between the landscape plan and graphic illustration. 45. Revise the Shared Parking Table on the "Site / Project Data" sheet prepared X by Looney Ricks Kiss. Based upon the proposed uses and their respective intensities, the Shared Parking Table should read as follows: Weekday Weekend Daytime Evening Daytime Evening Nighttime Office 78 8 8 4 4 Retail 78 78 104 73 6 Lodging - Restaurant 63 126 126 126 13 Entertainment - - - Residential 308 512 512 512 512 Total 527 724 750 715 535 The number of required parking spaces shown in the above Shared Parking Table may be subject to change due to unforeseen revisions made to the plans during the permitting process. Also, the Table is subject to change without Board or City Commission action if the project demands less required parking due to decreased intensities (i.e. reduced office area, reduced number of dwelling units). However, if the intensities further increase and cause the project to become deficient in parking, any request to pay a "fee in lieu" of (providing additional parking spaces) shall be subject to the Community Redevelopment Agency and City Commission review and approval. 46. The elevations must indicate the proposed paint manufacturer's name and X color code prior to the issuance of a building permit. Staff recommends consistency between the colored drawing and the elevations. 47. All project signage is subject to review and approval of the Community X Redevelopment Agency and City Commission. Staff recommends submitting a sign program. 48. Staff recommends that the applicant should coordinate with Palm Tran for an X upgraded bus-stop facility. Please contact Mr. Gerry Gawaldo, a planner with Weekday Weekend Daytime Evening Daytime Evening Nighttime Office 78 8 8 4 4 Retail 78 78 104 73 6 Lodging - Restaurant 63 126 126 126 13 Entertainment - - - Residential 308 512 512 512 512 Total 527 724 750 715 535 DEPARTMENTS INCEUDE REJECT the Palm Iran Department's Development Review Committee at (561) 841- 4246. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 49. The applicant and staff will work together to ensure that the proposed X awnings and landscaping do not conflict with each. 50. Ensure that any awnings proposed in rights-of-way are properly X permitted and approved by appropriate agencies. 51. The planter boxes (west of proposed garage) shall contain Bougainvillea and X shall be irrigated. 52. The method of refuse collection (handling and storage) shall be re-evaluated X to confirm sufficiency and effectiveness. 53. Prior to the issuance of a building permit, the elevations shall indicate the X proposed colors and return to the CRA for a courtesy review. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 54. Tobedetermined. "~1{.) .~{(O~ ~ S:\Planning\SHARED\WI~PROJECTS~ARCHES @ BB\NWSP 03-002\COA Revised2.doc Oct 17 03 REJE~ OBJEC Board o: Orthoph, CONSI 0n luly for the luly 29, A requix by the instrum~ Sweetw. thei. r pre During relation excperier GRO¥ RECC for Bid ll:4Sa Calciquest ~Exbibit - City Commission Minutes - 10/21/03 EXECUTIVE SUMMARY T BID NO. 98-2834 FOR ORTHOPHOSPHATE/POLYPHOSPHATE FIVE: That the Board of County Commissioners, Ex-Officio, "~he Governing. 'the County Water/Sewer District, reject bid proposals received for Bid Ne. 98-2834, ,sphate2Polyphosphate. ~ERATIONS:' ~', 1998 the Purchasing Department published and distributed bid packa=eso to 7.o vendorsX ,urchase and delivery of orthophosphate/polyphosphate. The bid ope-ting was held on 998 with sb~ bids received. ~ment of the lowest respondin~ bidder was to establish the effectiveness of their product, water mseruon process (coupon testing) and the use of corrosion monitorin_* atation to determine the scaling or corrosion in the water mains prior to bid awarc~ .ter Technolog7 was the lowest bidder and the Water Department began the test phase on duct ae test phase, several-major problems with the product received and the customer service. hip with Sweetwater Technolo~y became apparent. Examples of the problems ced are as follows: -----~--"' )clays in shipment, that at one point requked an emergency delive~ of phosphate in order 6r the South Water Plant to continue treating water,. ne method of shipment was different than as called for in,the bid specifications. ?he invoices submitted for paymem showed a larger amount of chemical delivered than vas actually received. rest results for the coupon analysis testing took sff0srantiatly longer than is the industry, v~ewing the above, the Water Department requests that Board of County_ Commissioners Sweetwater Teclmology's bid at this time. ~'~W'IPACT: None 'TIt M. ANAGE~NT IiM~ACT: None .~E-M~NDATION: That the Board of County Commissioners reject all bids received No. 98-2834 and authorize staffto rebid. Bressner, Kurt Page 1 of 2 __Exhibit - City Co--uission Meeting - 10/21/03 From: Sent: To: Cc: Subject: BRIN IO@aol.com Tuesday, October 21,2003 12:33 AM Bressner, Kurt; Broening, Gerald; Ferguson, Mike; Hawkins, Wilfred; McCray, Mack; McKoy, Carl; Sugerman, Dale; Weiland, Ronald 1signer@bellsouth.net; c.m.fisher@att.net; DeCarlo, Dan; diana@boyntonbeach.org; WoodShop25@aol.com; Greene, Quintus; Gdfrvp@aol.com; Hutchinson, Douglas; Cherof, James; BRINIO@aol.com Seven Story High Rises at Seaview Trailor Park Location Good evening gentlemen (almost good morning). I regret the late email, but certainly by now most of you have probably heard that again, yet another rumor has started in INCA (Yachtsman's Cove) area that someone has made a "very" serious proposal to buy the Seaview Trailer Park and build two seven story high-rise condo's on that land (east of Federal). It's great that someone buys the property, but they are going to have one beck of a fight on their hands to build high rises there if this information we received this evening is even half true. And of all times, it comes up at a candidate forum, where most candidates didn't even know it was an issue or rumor. I pray the buyer didn't purchase the land. To think that someone would condone this without speaking to INCA first! If that would have happened after what we just went through with Mangrove Walk, the perspective buyer would have known better. I know the City Staff and Commission normally can't act on rumors. Understandable, but brace yourself to at least hear from half of INCA tomorrow night as it pertains to mostly substantiated information coming out of Yachtsman's Cove from individuals that have actually talked to the buyer and apparently the seller too. This could be put to rest tomorrow night before anyone says a word, if the commission will simply go on record as recognizing and reemphasizing the position taken recently with the rumors about high rises going into INCA (Mangrove Walk). As you may recall, in accordance with Ordinance 02-024 LoHiMixedUse, we already know the present zoning in this neighborhood is R-lA Single Family. The comprehensive land use plan for this neighborhood is Mixed Use. In order for the property to be used for something other than single family, it must be rezoned. This must go before the CRA and ultimately the Commission. Gentlemen - we do not want high rises in our residential neighborhoods and we want to hear someone go on record as saying it is not going to happen. If the comprehensive plan needs to be changed accordingly, then we need to get started. My good friends and neighbors are in fear that their houses are going to be surrounded by high rises and you are the only one in this City that can stop that fear by going on record as letting them know it is simply not going to happen. I can't think of hardly anyone in INCA that is not happy and supportive of what this commission has done in the last four years. But, if this rumor is even remotely true - please help me put an end to it as soon as possible and hopefully before public audience tomorrow night. Being happy with the development and redevelopment downtown and within the corridor is a far cry from setting idle while a high rise goes into our residential areas and we just can't tolerate that kind of response. I remember stepping up to speak along with Lulu DeCamara at both the CRA and Commission on numerous occasions and we both left convinced that this would not happen - ever. We were speaking on behalf of INCA at that time, not just Mangrove Walk and Harbor Estates - INCA. We specifically held back the voices of our neighbors and trusted the positive reinforcement you provided to us and we provided that positive reinforcement to all our neighborhoods within INCA. We all expect that word to be as valued today as we did then - just a few months/weeks ago. 10/21/2003 Page 2 of 2 I appreciate your cooperation and I'm in hopes that you can put a screeching halt to this most discouraging rumor. As someone that has the utmost respect for each of you and all that you've accomplished collectively over the last four years, I'm asking that you please nip this in the bud. Also, as a heads-up, if any one knows of anyone that may have misled this developer, please advise them that their name may come up tomorrow night and probably not in a good light from what I'm hearing. I hope that's not the case, but unfortunately anger and misinformation has caused some folks to react with outrage, disbelief and a collective allegiance to get to the bottom of the issue regardless of who led the developer to believe INCA would be happy about this. Need your help - thank you - God bless and good night. Sincerely, Brian Edwards 629 NE 9th Ave Boynton Beach, FL 33435 10/21/2003 10/21/2003 12:28 5617426011 PAGE 01 Bressn®r, Kurt ~xhibit - City Commission Meeting - 10/21/03 From: i.arry Justiz [~u~iz~RELATEDGROUP.COM] Sent: Tuesday. October 21. 2003 12:32 PM To: Bret.mar, Kurt cc: D~e Suoennm (sugermand~boynton-beach.ll.us) Subject Sea View Tra#er P.rk Just a note to let you know that we decided recently to pass on the Sea View trailer park for redevelopment. As you know there were ~ome physical constraints for us with the site (c.g., the site being only 158 lt. wide). Thanks. Larry Justiz Director of Land Acquisition E-mail: LJUSTI~RELATEDGROUP.COM Cell: (786) 236-5328 Office: (305)460-9900, Ext. 139 The Related Group of Florida 2828 Coral Way, PH 1 Miami, Florida 33145 I0/21/2003 Commission MeetingGateway Texaco Variance Applications Dctober 21,2003 03-010 thru 017 and 023 0 0 ...#1Code Requirement J Applicant Request Staff Recommendation CRA Vote N N # Driveways to be located a minimum of 120 feet Approval, due to existing conditions and ' 03 from an intersection of streets of higher Allow existing driveways to remain as is, thus circulation requirements. No conditions of Recommendation of Approval with no 0 �-+ 010 classification. seeking variances of 97 and 88 feet. approval. conditions, on a vote of 4 - 2. U I _. >1 t # Approval, due to existing conditions and •- ,0 03 Driveways to be located a minimum of 30 feet Allow existing driveways to remain as is, thus circulation requirements. No conditions of Recommendation of Approval with no ci 4-) 011 from an interior property line. seeking a variance of 10 feet. approval. conditions, on a vote of 4 - 2. 0 # Approval, due to existing conditions and 03 Limitation of one (1) driveway per street Allow the two (2)existing driveways on Federal circulation requirements. No conditions of Recommendation of Approval with no 012 frontage. _Highway to remain as is. approval. conditions, on a vote of 4 -2. 4 # Allow the construction of a 600 square foot Denial, however, the applicant would be Recommendation of Denial with no conditions, 03 Requirement for rear setback to be a minimum addition to the back of the existing building to allowed to construct the addition without on a vote of 6-0. The addition can be allowed, -_. 013 of 20 feet. encroach 10 feet into the 20 foot setback. encroaching into the 20 foot rear setback. but with no encroachments. # Requirement that gasoline pump island 03 canopies be located a minimum of 20 feet from Allow existing canopy to remain as is, thus Approval, due to existing location of pump Recommendation of Approval with no 14 any property line. seeking a variance of 10.5 feet. islands and canopy. No conditions of approval. conditions, on a vote of 6 - 0. # Requirement that gasoline pump islands be cz„,..% 03 located a minimum of 30 feet from any property Allow existing pump islands to remain as is, Approval, due to existing location of pump Recommendation of Approval with no -., 015 line. thus seeking a variance of 10.2 feet. islands and canopy. No conditions of approval. conditions, on a vote of 6 - 0. # Allow existing condition to remain as is, thus Approval, with the condition that a substitute 03 Requirement of a minimum 10 foot wide resulting in a zero landscape buffer along the form of screening be provided where possible Recommendation of Approval with the noted ' 016 landscape buffer along street frontage. _street frontage. through the use of planter pots and/or boxes. condition proposed by staff, on a vote of 5- 1. # Requirement of a minimum 10 foot wide Approval, due to the existing conditions and 03 landscape buffer along all interior property Allow a buffer of 5 feet as opposed to the 10 circulation requirements. No conditions of Recommendation of Approval with no 017 lines. _foot requirement. approval. conditions, on a vote of 5 - 1. # Allow existing pylon sign to remain as currently Denial, due to the lack of hardship on the part 03 Requirement of a minimum 10 foot setback for located on the site, thus seeking a variance of 5 of the applicant. The sign is being modified to Recommendation of Approval with no 023 ,signs from all property lines. feet. accommodate Car Wash signage. conditions, on a vote of 4 -2.