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LEGAL APPROVAL MINUTES - )MJNITY REDEVELOPMENT ADVISORY JARD MEETING BOYNTON Bu.-.1f, FLORIDA MARCH 13, 1995 6. Street Closure City Manager Parker advised that the closing of 4th Street will be placed on the City Commission agenda. She stated that the DOT will be resurfacing Boynton Beach Boulevard during late summer and will add three landscape medians. At this point, City Manager Parker left the meeting. Chainman Powell advised that the closing of 4th Street was discussed at the last Board meeting and it was the consensus of the Board that it would be a good idea to close that street because it would eliminate an existing traffic hazard. Also, the closing of this street would not be detrimental to the flow of traffic in that area. Motion Vice Chainman Richter moved to recommend to the City Commission that 4th Street be closed. Ms. Heavilin seconded the motion. Ms. Heavil1n asked if the repaving will change the current median. Chainman Powell did not know exactly where the landscape medians were going to be, but he did not think it would change the current median. On the other hand, he said the current median could change because you will no longer be able to turn left, west from Boynton Beach Boulevard onto 4th Street. Ms. Ford pointed out that if this decision is made now, it will be part of the Boynton Beach Boulevard project and paid for by the DOT. The motion carried 4-0. 6. NEW BUSINESS 1. Boynton BRCh Boulevard Ml1nstreet Clr WIsh Ms. Ford stated that she invited Kenny and Jim Zengage to this meeting to discuss their request to expand the Mainstreet Car Wash on Boynton Beach Boulevard. Ms. Ford advised that she stops people all the time on the streets in downtown to ask what draws them here. Many of them said they read about the charrette and came to take 4 look after using the car wash. Ms. Ford advised that the City is trying very hard to become a tourist-oriented waterfront destination and she felt the Mainstreet Car Wash generates a lot of traffic because it is a brushless car wash. Therefore, she felt the expansion of the car wash would be valuable to the City. Currently, they have an overflow of customers. By expanding to the back, they will have an opportunity to get the cars off the road and stored behind the car wash while they are waiting to go through the car wash. She felt the car wash will help draw tourists and be a good mix for the downtown. - 6 - MINUTES - Ct.. .M411Y REDEVELOPMENT ADVISORY BWD MEETING BOYNTON BEACH. FLORIDA MARCH 13. 1995 Chainman Powell asked for further details regarding the expansion. Jim Zengage displayed a sketch and explained that the house would be removed from the lot behind the car wash. The cars would still come in the driveway, but they would then go through a double stacking lane. He advised that he is asking for a 75 foot lot to be rezoned. The grand plan of the City is to have commercial from Boynton Beach Boulevard through to 3rd Street, with the rear being mostly parking and the front being mostly storefront. Vice Chainman Richter confinmed that according to the Comprehensive land Use Plan, that area is intended to eventually be commercial. Chainman Powell pointed out that the house on that lot is not maintained anyway. He felt the expansion would alleviate the parking that is not allowed on Boynton Beach Boulevard. He did not find any fault with this request. Ms. Ford advised that the Planning Department is going to recommend that the Planning and Development Board deny this request because the original redevelop- ment plan states that there is a desire not to have car repair type businesses. Chainman Powell did not consider a car washing and waxing operation to be a car repair operation. Ms. Ford advised that she wrote a memo in support of this expansion because it is kept very clean and neat and brings tourists and the western residents down- town. Motion vcie Chainman Richter moved that this Board recommend to the City Commission approval of the expansion of the Mainstreet Car Wash. Ms. Heavilin seconded the motion. Jim Zengage advised that at staff's request, he hired a traffic engineer to do a traffic stUdy. The engineer found that the rezoning of the 75 foot lot to com- mercial would have no impact on the traffic. He stated that he polled the traf- fic accidents that occurred at that intersection and there have been 46 accidents since 1987 at that intersection. Chainman Powell asked how many acci- dents there have been since a stacking lane was added to the Mainstreet car wash. Jim Zengage stated that the majority of the accidents occurred in 1987 through 1990. Ken Zengage advised that the stacking lane was added at the same time Kentucky Fried was built, which was in 1989 or 1990. , Ms. Ford advised that the Zengages own properties behind the car wash and have done a great deal to improve those properties. They are good neighbors and if it was a detriment to expand, they would be defeating their own business interests. Also, they are very cooperative with regard to the downtown efforts. Chainman Powell asked if the neighbors were notified of the proposed rezoning. Jim Zengage advised that the neighbors within 400 feet were notified. According to Michael Rumpf of the Planning Department, none of them responded adversely. In fact, the people directly adjacent to this lot and the people on the corner of 3rd Street and 1st Street told Jim Zengage they will support this rezoning. - 7 - MINUTES - ( UITY REDEVELOPMENT ADVISORY b_..RD MEETING BOYNTON BEAt-H, FLORIDA MARCH 13, 1995 Chainman Powell asked if there was going to be a wall to screen the east side of the property. Jim Zengage said he is proposing a six foot high buffer wall against the new R-2 and his property, along with any landscaping that must be provided. The motion carried 4-0. At this point, the Zengages left the meeting. 2. G.A.L.A. Chainman Powell reminded everyone that the G.A.L.A. is this weekend. Ms. Ford urged all to attend. 3. Olde Town - Historic Movi. Ntght Aprtl 1st Ms. Ford advised that there will be another block party downtown on April 1, 1995. At this block party, old pictures and old movies of Boynton Beach will be projected against the wall surface by the courtyard behind one of the stores, and popcorn will be served. She advised that Cypress mulch is being donated to put back there. She asked the members to contact her 1 f they know of anyone '..' has old film footage or old slides of Boynton Beach. 4. Artist Loan progr. to Atd Fund Raistng for Downtown Mon...nt Ms. Ford advised that, through Ms. Winters' efforts, Rick Baloo has agreed to loan some of his sculptures to the City to help generate some interest in the Ocean Avenue corridor and to help raise funds for the cultural corridor and the Olde School Square. He is lending the City a seaturtle, among other sculptures, which he sculpted from a melted down 011 rig. He is willing to let the City display his SCUlptures as long as the City gets an insurance rider. One sculp- ture is going to be displayed underneath the stairwell in the lobby of City Hall. Ms. Ford stated that one of her friends. who is an artist, is a United Nations Peace Prize winner. His work is collected by Bill Cosby. Robert DeNiro. and Pope John Paul II. He has also agreed to loan the City some of his artwork and to come and help the City with some fund raising. Ms. Ford said several other very well-known artists have agreed to contribute to help get the City in the news and arouse some interest. . She asked the members to let her know if they have ideas where to display the artwork. She would like to put them in areas that will draw some attention and, hopefully, raise interest and funds. Ms. Heav111n asked if some of the artwork could be exhibited at the Old School. Ms. Ford advised that some of it will definitely be displayed there. She hoped that someone will purchase the seaturtle in the future and donate it to the City. She said it would be magn1ficant for children to play on. However, right now, we need to raise funds for the Old School. - 8 - -.---------.------- \. ~~. MINUTES - P' ~..tNING AND DEVELOPMENT BOARD MEE" WI BOYNTON BEA\.. . FLORIDA MARCH 14, 1995 Chainman Lehnertz suggested giving the applicant six months to make a good faith effort. Ms. Heyden pointed out that all that would involve is submitting an application for a site plan or plat within six months. Mr. Kilday said he could probably have a submittal of the plat within six months. Motion Vice Chainman Dube moved to approve an 18 month retroactive and a 6 month time extension for zoning/master plan approval and concurrency exemption for the Boynton Beach Boulevard PCD based on the owner submitting a site plan for approval within that period of time, subject to staff comments. Mr. Weigle seconded the motion. Mr. Golden pointed out that a letter of intent is a pretty vague commitment. The motion carried 6-1. Mr. Golden cast the dissenting vote. 7. NEW BUSINESS A. Publtc Heartng Land Use El...nt ~ndllnt/RlZoning .instreet Car wash Jim Zengage Forward Progress, Inc. Between N. E. 1st Street and N. E. 2nd Street, imme- diately north of Mainstreet Car Wash Request for a map amendment to the Future land Use Element of the Comprehensive Plan from Medium Density Residential to Local Retail Commercial and rezoning from R-2 (Single and Duplex Dwelling District) to C-3 (Community Commercial) This item was rescheduled until April 11, 1995. 1. Project: Agent: Owner: Location: Description: 8. Subdivisions Master Plan Modification 1. Project: Agent: Owner: location: Description: Shoppes of WOolbright PCD CCl Consultants, Inc. Howard R. Scharlin, Trustee Norths1de of Woolbright Road, east of the L.W.D.D. E-4 Canal Request to modify the previously approved master plan to subdivide outbuilding 3 into .895 acres, revise the outbuilding sizes (outbuilding 1 from 4,300 to 6,920 square feet, outbuilding 2 from 5,000 square - 12 - . \ -- MINUTES - CITY COMMISSION MEETING BOYNTON .BEACH, FLORIDA APRIL 18. 1995 Commissioner Jaskiewicz suggested that appointments to advisory boards be discussed at the workshops so that they can be presented at the regular City iss10n meetings in an expeditious manner. It wa month. The items 0 he consensus of the Commission to hold Commission W first workshop will be held on Thursday, Ma e agenda will be as follows: hops once a , 1995, at 6:30 p.m. Insta 11 1995. x. O~iftlnc.s - 2nd Reading - Publtc Helrtng B. O~1ftlnc.s - 1st Readtng 1. Proposed O~tn.nc. No. 095-06 Re: Amending Article I Codes, Section 9-15 providing for the ado~t 1994 Edition in its entirety City Attorney Cherof read Propos Motton Vice ey moved to approve Proposed Ordinance No. n first ng. Mayor Pro Tem Matson seconded the motion which carried 5-0. 2. Proposed O~tftlnc. No. 095-07 Re: Amend Land Use Element of the Comprehensive Plan - Main Street Car Wash City AttorneyCberof read Proposed Ordinance No. 095-07 by title only. Motton Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-07 on first reading. Mayor Pro Tem Matson seconded the motion which carried 5-0. 3. Proposed Ordtnance No. 095-08 Re: Rezoning - Main Street Car h Ci y Cherof read Propose . 095-08 by title only. - 37 - '.,,"""11 MINUTES - PlANN'~ AND DEVELOPMENT BOARD MEETING OOYNTON BEACH" AIDA APRIL 11, 1995 Chairman Dube accepted nominations for a vice chairperson. Mr. Wische nominated Jim Golden for vice chair. No other nominations were made. Mr. Golden was unanimously electe~ yice chair. 7. OLD BUSINESS A. Publtc Heartng Land use Element ~ndment/Rezontng (continued from March 14, 1995 meeting) Matnstreet car wash Jim Zengage Forward Progress, Inc. Approximately 185 feet north of the northeast corner of N. E. 1st Street and Boynton Beach Boulevard Request to amend the future land use map of the Comprehensive Plan from Medium Density Residential to Local Retail Commercial and rezoning from R-Z (Single and Duplex Dwelling District) to C-3 (Community Commercial) Mike Rumpf, Senior Planner, stated that Jim Zengage, agent for Forward Progress Inc., owner/operator of the Main Street Car Wash, proposes to change the land use and zoning on a .23 acre parcel ,located on the east side of N. E. 1st Street, immediately north of the Main Street Car Wash business. The current land use and zoning on this parcel is Medium Density Residential and R-Z Single and Duplex Dwelling District, respectively. The applicant requests the subject property be reclassified to Local Retail Commercial and rezoned to C-3 (Community Commercial) for expansion of the Main Street Car Wash operation to alleviate increased stacking and parking needs experienced during peak hour operation. Mr. Rumpf used the overhead projector to point out the location of the car wash and the adjacent land uses. 1. Project: Agent: Owner: Location: Description: He stated that the car wash business has overgrown its site and has a need for expansion (mainly circulation needs). There is currently a separate stacking lane along N. E. 1st Street. The applicant would like to be able to accommodate that stacking traffic/circulation on the subject property as well as employee and other parking needs and paSSive type activities. Mr. Rumpf summarized the two principal issues (impacts on the residential uses and the recommendations in the Community Redevelopment Plan). He stated that by their nature, car washes generate noise and traffic experienced both on and off the premises. The primary noise from the car wash is emitted from the wash tun- nel and is projected southward, away from the adjacent neighborhood. However, noise is also generated around the car wash building property by both cars and work crews. Utilization of the subject lot as proposed could move the car and work crew noises closer to single-family homes and, therefore, impact two addi- tional single-family homes that are not impacted by the current boundary limits of the car wash. - 3 - \ 'MINUTES - PLANttdlG AND DEVELOPMENT BOARD MEETINti BOYNTON BEACH, FLORIDA APRIL 11, 1995" Impacts are also generated from traffic, specifically from circulation, parking and stacking activity. With respect to stacking, one reason for this request is to utilize the subject lot for customers waiting for service, thereby reducing the potential for thls traffic to stack within the turn lane on N. E. 1st Street. Parking impacts are felt on and off the premises due to the lack of space, resulting from increased business on the site. .T.he business is currently forced to utilize off-street parking as well as the existing vacant lot. The potential consequences of these negative effects on the impacted residential properties could affect property values and further conversion of residential properties in the immediate area to commercial use, especially in light of the fact that there are two vacant lots in this immediate area. The Community Redevelopment Plan and Comprehensive Plan Policy 1.9.5 contain recommendations pertaining to zoning, car washes, and the appropriate uses for this area. Page V-19 of this document contains the following three statements applicable to properties along Boynton Beach Boulveard, east of Seacrest Boulevard: the C-3 zoning district is more penmissive than necessary for this location; car washes and lumber yards are penmitted uses within the C-3 zoning district, but are deemed unsuitable for this segment of Boynton Beach Boulevard; and it is recommended that new development envisioned for this area would be primarily one and two-story structures for retail and services businesses supporting the needs of the local community. Based on the following, staff could not support this request as submitted: (1) (2) (3) (1) the potential impacts of the expansion into the adjacent residential area, which is contrary to the Comprehensive Plan objectives and policies; the requests and proposed use would further adversely impact the surrounding residential area due to noise and visual effects from the commercial activity of the car wash; the potential long-tenm effects of the proposed use on surrounding property values and the possible domino effect of the conversion of residential property to commercial use; the property is developable under the existing zoning; there are other commercially-zoned properties within the City that penmit car washes; and the requests and proposed use are inconsistent with the general recommendations contained in the Community Redevelopment Plan. (2) (3) (4 ) (5) (6) - 4 - MINUTES - Pl>>8tING AND OEYElOPMENT BOARD MEET......, BOYNTON 8EACl FLORIDA APRIL 11. 1995 In response to Mr. Wische, Mr. Rumpf stated that the Community Redevelopment Advisory Board's recommendation was in favor of the car wash rezoning and use of that site as propos~d. The reason this was not mentioned in staff's report is because this location is outside the auspices of the Community Redevelopment Advi sory Board. . Kieran Kilday stated that the Main Street Car Wash is a very viable, active and successful business. Traffic arriving on the site tends to stack up along the local street so that it ends up coming out to Boynton Beach Boulevard. The lot to the north was purchased to try to alleviate this problem. He displayed an aerial of the site. He submitted a letter from the owner of tbe single-family house at 313 N. E. 1st Street (behind Kentucky Fried Chicken)" in support of the rezoning. To the north of the site is a single-family house and a large building which is penmitted as a garage facility. It is a huge facility and is used for penmitted uses. It is not a business, but the building has a commer- cial look to it. To the east of the site is a vacant area, which will most likely be zoned commercial in the future. At one time, rezoning some areas was considered. However, a decision was made to take each case on an individual basis. Mr. Kilday submitted some photographs of the site showing the stacking situation that occurs routinely during the midday hours. He stated that the plan pre- sented would allow for stacking to be put on the site. Currently, there is a wall on the north part of the site. Part of the plan is to move the wall to the back part of the site, but that would have to go through the site plan review process. There is a house to the north of the existing wall. The lot was purchased a year ago by the Zengages. At that time the house was a wreck. It was revamped and put back in good order and has been used for residential pur- poses and for parking for the employees of the car wash. It was through the efforts of the Zengages that made that a viable residential use. They would now like to move it back. They have been very good neighbors. They even kept the property that was not part of the car wash in good repair. Mr. Kilday distributed a memo, dated March 9, 1995, to Mr. Rumpf from Ann Ford. This memo contained Ms. Ford's comments relative to the expansion of the car wash as it affects the downtown area. Mr. Kilday stated that many of the users of the car wash come from west of 1-95. The car wash draws them into town. He stated that because the car wash is drawing people to the downtown area, the car wash is viewe. 1a a positive way. Mr. Kilday distributed a copy of the minutes of the March 13, 1995 Community Redevelopment Advisory Board meeting. At that meeting, a motion unanimously carried to support the expansion of the Main Street Car Wash. Mr. Kilday also distributed a copy of a letter, dated April 10, 1995, from the Treasure Coast Regional Planning Council, stating that the proposed car wash expansion is consistent with the goals presented in the first draft of the Redevelopment and Revitalization Plan for the City of Boynton Beach. - 5 - \ MINUTES - PLN4~ING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA APRIL 11. 1996" Mr. Kilday felt this proposal meets all the objectives contained in the plan, except for Policy 1.9.5 (Implement the Community Redevelopment Plan). Mr. Kilday said the Plan was adopted in 1989 and that the Code allows certain uses. However, the writer of that document felt car washes may not be appropriate. Mr. Kilday stated that this is more of a comment, not a mandate in the Plan. He stated that there is no prohibition of this use in the Code. Furthenmore, the applicant wants to expand the stacking area to get the vehicles off the street. He does not want to expand the building. Mr. Kilday asked the Board to support this petition. He stated that all the surrounding neighbors were notified and spoken to and are supportive of this expansion. Mr. Kilday felt this expansion meets the purpose and intent of the Compr~bensive Plan and the Redevelopment Plan for the downtown area. In response to Chainman Dube, Mr. Kilday advised that the existing house will be moved to another residential lot if it is structurally sound, and that area will become a stacking area. In response to Mr. Wische, Jim Zengage advised that the structure alongside the house will be removed. Mr. Reitz expressed concern about approving this expansion and then running into the same problem again a few months from now. Mr. Zengage explained that a double stacking lane will be going into a single stacking lane in the tunnel area. To alleviate any problems, there will be a double vacuum system to move the cars more expeditiously into the tunnel. Mr. Zengage did not think the stacking problem will reoccur. Mr. Kilday said the new stacking area allows twice as many cars to stack on the property than currently stack on the street. He said the timing through the car wash is going to stay relatively constant. The number of cars g01ng through should also be constant. Mr. Rosenstock was disturbed that the Planning and Zoning Department and Ms. Ford seem to be at odds regarding this project. He stated that it sounds like Ms. Ford's main interest is to draw people to the downtown area. Mr. Rosenstock did not think drawing people to the downtown area, regardless of the usage, is something that should be forthcoming from the Planning Department. He pointed out that the Planning and Zoning Department said they cannot support this request until the Commission adopts the downtown plan recently drafted by the Treasure Coast Regional Planning Council, including related revisions to the Community Development Plan to lend specific direction. Mr. Rosenstock felt this was sufficient at this point in time to deny this request. Ann Ford, the Downtown Development District Coordinator, stated that this car wash has been a plus, not a detriment. She stated that the Zengages would like to expand the car wash to get the cars out of the right-of-way to improve the current facility, not to serve more people. Additional tunnels are not being proposed. The Zengages are willing to spend their own money and add vaccums to get the cars off the street. She stated that the City could not ask for a better business citizen in the downtown. Ms. Ford felt this is extremely impor- tant to improve the downtown. She said the Zengages have. been tremendously - 6 - MINUTES - PLA ~NG AND DEVELOPMENT BOARD MEETl BOYNTON BEACH. FLORIDA APRIL 11. 1995 helpful in the downtown redevelopment efforts. They are extremely cooperative and will landscape in any way requested. She greatly appreciated their efforts. Ms. Ford stated that the car wash does not create a noise problem and is beauti- fully landscaped. In response to Mr. Reitz, Ms. Ford stated that Mr. Rumpf asked her for her thoughts. Her first reaction was that the last thing we need is more car wash. However, once she took into consideration the fact that they are a wonderful business citizen and that a problem exists and needs to be solved, she waS very much in support of the expansion. She stated that the Zengages are working with the City. They are trying to improve things. They are buying decrepit proper- ties in that area and improving what other people have not bothered to improve. They are taking financial risks to make Boynton Beach Boulevard look better. She stated that not many businesses would incur this much of an expense to solve a car storage problem and alleviate a Boynton Beach Boulevard problem. Mr. Rosenstock suggested that Mr. Zengage return to the Board after the Board hears what the Planning and Zoning Department and the Treasure Coast Regional Planning Council have to say about future redevelopment of the downtown area. Lloyd Powell, Chainman of the Community Redevelopment Advisory Board, stated that the members of his Board felt that the expansion would alleviate the safety concerns by removing excess stacking of cars. He also pointed out the tax con- sideration if the property is rezoned. He felt the car wash is a good neighbor and is not noisy. He pointed out that it is a daytime operation, six days a week, and that it brings people into the area. On behalf of the Community Redevelopment Advisory Board,Mr. Powell recommended that the applicant's peti- tion be approved. No one else wishing to speak, Chainman Dube declared the public hearing closed. Vice Chainman Golden was very familiar with the site and sympathized with the applicant's cause. However, he stated that right now there is a fairly straight line that separates residential and commercial zoning. If this request is approved, it will set the stage for future commercial rezonings of those other residential properties. Then the question will arise as to where you draw the line. It will just keep moving north. For this reason, he was not in favor of this request. Mr. Reitz expressed the same concern as Vice Chainman Golden. He was primarily concerned with safety and applauded Mr. Zengage for considering the safety issue. He stated that we should do as much as we can, within reasonable guidelines, to support new businesses and good neighbors in the downtown area. If there are no major issues from a Community Development Plan prospective, he would support this applicant. Mr. Wische said he was on the Commission when they approved the applicant's request to widen the street because of a problem with stacking. He stated that - 7 - MINUTES - PU ING AND DEVELOPMENT BOARD MEET BOYNTON BEACH. FLORIDA \ APRIL 11. 19~, " the car wash and Kentucky Fried Chicken maintain their properties, have fine landscaping, and have been a tremendous asset to the City. With regard to Vice Chainman Golden's question about where to draw the line, Mr. Wische said this particular site is-surrounded by commercial properties. He has yet to hear any neighbor come forward and object to what is being proposed. Bearing all this in mind, he could not possibly refuse this applicant. Mr. Beasley said he would not be in favor of big rezoning of residential to com- mercial. However, in this case, he sees that it is practically surrounded by commercial. He thinks the land on the east that is vacant now is probably going to end up being commercial. He believes this fits in with future plans. He did not think that strip of commercially zoned land along Boynton. Beach Boulevard is going to remain that narrow. He felt it will eventually be widened. He pointed out that the Zengages have been good neighbors and are taking care of this problem at their own expense. In followup to Mr. W1sche's and Mr. Beasley's comments, Vice Chainman Golden stated that at some point in the future that whole area is planned to be rede- veloped. He felt there needs to be a plan to define what is going to happen at some future day. However, right now, this is only a small part of the picture and is isolated unto itself without considering everything around it. From that standpoint, this may be premature. Chainman Dube said he attended the charrette and was at the City Commission meeting when this was proposed, and he was at the workshop in January when the Planning and Development Board met with the Commission on this matter. He stated that if the Commission had already adopted the redevelopment plan, he would not have a problem with this request. However. at this time, he felt it was a little premature. He felt the area will probably eventually end up rezoned. However, until the Commission adopts the Treasure Coast Regional Planning Council's Redevelopment Plan, he would have to vote against approval. Mr. Reitz asked if this area falls within the scope of the Community Redevelopment Plan. Ms. Ford answered affinmat1vely. Motion Mr. Rosenstock moved that we reject this petition at this point in time in accordance w1~ the recommendations of our Planning Department. Vice Chainman Golden seconded the motion. The motion carried 4-3. Mr. Beasley, Mr. Wische and Mr. Reitz cast the dissenting votes. For the record, Mr. Rumpf commented that the site plan provided by the applicant was only for conceptual purposes and is not being reviewed or processed by staff at the present time. - 8 - ..' MINUTES - cift( COMMISSION MEETING BOYNTON 8EACH, FLORIDA .."" APRIL 18, 1995 .. Commissioner Jaskiewicz suggested that appointments to advisory boards be discussed at the workshops so that they can be presented at the regular City Commission meetings in an expeditious manner. It was the consensus of the Commission to hold Commission Workshops once a month. The first workshop will be held on Thursday, May 11, 1995, at 6:30 p.m. The items on the agenda will be as follows: Run-off Elections Tenm Limits of Commissioners Professional Service Contracts Ordinance Requiring Existing Commercial Businesses to Install Landscaping (See discussion under Item XI.A.) City Manager Parker will have an agenda prepared no later May 8, 1995. x. LEGAL A. Ord'Mnces - 2nd Read'", - .Publ1c ....r'''' None. 8. Ord'nances - 1st Read'", 1. Proposed Ord1nance No. 095-06 Re: Amending Article II, Fire Codes, Section 9-15 providing for the adoption of the Life Safety Code, 1994 Edition in its entirety City Attorney Cherof read Proposed Ordinance No. 095-06 by title only. Mot 1 on Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-06 on first reading. Mayor Pro Tem Matson seconded the motion which carried 5-0. 2. Proposed Ord'nance No. 095-07 Re: Amend Land Use Element of the Comprehensive Plan - Main Street Car Wash City Attorney Cherof read Proposed Ordinance No. 095-07 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-07 on first reading. Mayor Pro Tem Matson seconded the motion which carried 5-0. 3. Proposed Ordinance No. 095-08 Re: Rezoning - Main Street Car Wash City Attorney Cherof read Proposed Ordinance No. 095-08 by title only. - 37 - ~\? ~ft ..~ ..\ \ MINUTES - CITY CfII1ISStOH MEETING BOYNTON BEACH t FLORIDA APRIL 18, 1995 Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-08 on first reading. Mayor Pro Tem Matson seconded the motion which carried 5-0. 4. Proposed Ordinance No. 095-09 Re: Rezoning Lot 9 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-09 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-09 on first reading. Vice Mayor Bradley seconded the motion which carried 5-0. 5. Proposed Ordinance No. 095-10 Re: Rezoning Lot 10 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-10 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-10 on first reading. Commissioner Jaskiewicz seconded the motion which carried 5-0. C. Resolutions 1. Proposed Resolution No. R95-45 Re: Amend fees for land develop- ment related activities in the City of Boynton Beach.......TABlED City Attorney Cherof read Proposed Resolution R95-45 by title only. City Manager Parker advised that this item is ready to be taken off the table. Motion Mayor Pro Tem Matson moved to remove Proposed Resolution No. R95-45 from the table. Vice Mayor Bradley seconded the motion which carried 5-0. City Manager Parter advised that publication and postage fees were added to the land development fees, as discussed at the previous meeting. A fee for bad checks was also added. The revisions were published and the date of the adop- tion of the ordinance was changed. Motion Vice Mayor 8radley moved to approve Proposed Resolution No. 095-45. Commissioner Rosen seconded the motion which carried 5-0. - 38 - MINUTES - CITY COMMISSION MEETING .BOYNTON BEACH. FLORIDA APRIL 18. 1995 then be penm1tted to speak for or against the application. Following the close of the public input, an affinmative motion should be made by the Commission with discussion on the motion before a vote is taken. At the conclusion, all the applicants should be reminded that motions to reconsider can be made any time prior to noon on this coming Friday by any member of the Commission. City Attorney Cherof swore in all those witnesses who intend to testify this evening. A. Project: Matn Street car WIsh CONTINUED FROM MARCH 14, 1995 MEETING Agent: Jim Zengage Owner: Forward Progress, Inc. Location: Between N.E. 1st Street and N. E. 2nd Street, immedi- iate1y north of Mainstreet Car Wash Description: Land use Element Amendment/Rezoning: Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Local Retail Commercial and rezoning from R-2 (Single and Duplex Dwelling District) to C-2 (Community Commercial) Kieran Kilday of Kilday & Associates stated that the Main Street Car Wash is an existing business. During the last few years it has been upgraded. It is wel1- maintained and very successful. Because of its success, a problem of stacking and waiting has been created. He displayed an aerial of the commercially zoned property in this area as it currently exists. He explained that vehicles come into the car wash from N.E. 1st Street and stack out onto Boynton Beach Boulevard. The proposal being made is to allow for a rezoning of a lot on the north side of the property to get the stacking off the street. The request went before the Planning and Development Board last week. They voted 4 to 3 to deny this request. Their concern was not that it was an inappropriate use, but of a question of time. The current downtown master plan states that certain uses may not be suitable in the C-3 zone, including car washes. Based upon this, staff was concerned about the car wash being there. Mr. Kilday stated that there is a single-family house on the property to the north of the Main Street Car Wash. The owners of the Main Street Car Wash purchased it about a year ago and fixed it up. They would like to move it to another site and move the wall back to the north property line. Mr. Kilday stated that the mov.ing north of commercial is consistent with the plan for the downtown area. Therefore, the zoning and land use request before the Commission is consistent with the existing plan. Mr. Kilday advised that the neighbors who own the property immediately north of this site, and the neighbor to the west, are in support of this request. The property immediately to the east of the site in question is currently vacant. The property east of that property is C-4 Commercial. Therefore, he felt this request fits in with the plan. - 13 - MINUTES - etn COIItISSION MEETING BOYNTON Bl A, FLORIDA APRIL 18, 1995 Mr. Kilday said the new pending plan will allow this use as a confonming use. He advised that Ann Ford, the Downtown District Coordinator, the Community Redevelopment Advisory Board, and the Treasure Coast Regional Planning Council are in support of this request. Mr. Kl1day stated that the current plan suggests that these uses might not be appropriate; however, this use already exists. He pointed out that the new plan recommends its legitimacy. Mr. Kilday stated that this is a good business doing a good job downtown. It brings people downtown who probably would not come east of 1-95. When these people come to the car wash, they investigate other things happening in the area. He felt this meets the goals and objectives of the Comprehensive Plan. Tambri Heyden, Planning and Zoning Director, stated that there was a lot of focus at the Planning and Development Board meeting regarding what appeared to be a discrepancy between the recommendations of the Planning and Zoning Department and the Downtown Development Coordinator. She stated that at the time this application was submitted, staff based their recommendation on the Comprehensive Plan and the existing Community Redevelopment Plan. In September, 1994, the City went through a series of downtown charrettes. In December, 1994, a document was produced by the Treasure Coast Regional Planning Council which summarized what happened at those downtown charrettes. That docu- ment was reviewed by the Commission .at a workshop in January, 1995. Staff heavily relied on that document to review this request. That document did not contain boundaries. Among staff's comments was a recommendation to include within the planned boundaries the corridor of Boynton Beach Boulevard. Staff felt that area ~as imPortant since it is the gateway to the new revitalized area and that some special consideration should be given to it. Based on the timing of this application and the draft of the Community Redevelopment Plan that was available to staff, staff recommended denial based on 1nconsistency with the Comprehensive Plan, the exist1ng Community Redevelopment Plan, and the draft of the Downtown Redevelopment Plan. Staff was also concerned about the possible domino effect of other vacant properties in this area wanting to be rezoned com- mercial if this request is approved. Ms. Heyden stated that if the Commission approves this request, staff recommends that a restrictive covenant be required to document, in perpetuity, any condi- tions. City Manager Parker stated that the City cannot require a covenant on this prop- erty. However, she suggested whatever mechanism the City Attorney thinks would be a penmanent restriction on the property. She pointed out the following four conditions that the City Commission may wish to consider to limit development on the property: 1. The lot to be purchased shall not contain any expansion of the existing car wash building. - 14 - ------- ~-_.._-- MINUTES - elT. ~'OMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18. 1995 However, additional canopies may be installed on the site, as well as a storage shed, provided the shed meets all code setback and site plan requirements. Traffic lanes and parking lot area will be the primary uses on this property. 2. A buffer wall with landscaping will be constructed along the entire northern property line to shield this use from the~djacent residences. 3. A .sandwich. or "menu. type board sign showing the types of services and the amount of each service would be allowed on the interior of the property to let the cars in line know what services are available prior to entering the car wash. A directional sign at the existing driveway cut would also be allowed. 4. If the owner wishes to expand the existing car wash building, an alternate location would need to be found at that time, as it would not be penuitted on this site. Mr. Kilday agreed to these conditions. Lloyd Powell, Chainman of the Community Redevelopment Advisory Board, stated that the Planning and Development Board does not see any problem in rezoning one lot north. In fact, they realize that when the plans for the Boynton Beach Boulevard corridor are finalized, there are going to be many lots, both north and south of Boynton Beach Boulevard, rezoned for the expansion of parking, etc., for the businesses that front on Boynton Beach Boulevard. He felt this request will solve the safety issue of stacking. No one else wishing to speak with regard to this application, Mayor Taylor closed the public hearing. Motion Vice Mayor Bradley moved to approve the land use element amendment/rezoning request for the Main Street Car Wash. Mayor Pro Tem Matson seconded the motion. Commissioner Jaskiewicz was in favor of improving the appearance of Boynton Beach Boulevard. She had no objection to this request. However, she asked if the applicant would consider planting some Palm trees in front of the building, facing Boynton Beach Boulevard. Mr. Kilday stated that this would not be a problem. He advised that he will have to come back for site plan approval and at that time, a detailed landscape plan will have to be submitted. Mayor Pro Tem Matson pointed out that the owners of the car wash have been good neighbors, the existing car wash is not being expanded so there will not be an - 15 - MINUTES - er COMMISSION MEETING BOYNTON BEACh, FLORIDA APRIL 18, 1995 increase in volume9 and the residents do not have a problem with this. . in addi- tion, she felt the rezoning will alleviate the stacking problem. Vice Mayor Bradley was in support of this rezoning. He pointed out that the Zengages have been around for a long time and are good business citizens. Commissioner Rosen considered this a matter of beautification and was in favor of thi s rezoni ng. - Mayor Taylor commended the owners for trying to solve a problem without being asked to do so by the City. Mended Motion In response to City Manager Parker, Vice Mayor Bradley and Mayor Pro Tem Matson agreed to include the four conditions she mentioned in the motion. The motion carried 5-0. Mayor Taylor declared a recess at 7:56 p.m. The meeting resumed at 8:05 p.m. B. Project: Lake WOrth Christian School TO BE CONTINUED TO THE MAY 9TH PLANNING & DEVELOPMENT BOARD MEETING Agent: J. Richard Harris, Esquire Owner: Condor Investments9 Inc. Location: East side of High Ridge Road, approximately one-half (*> mile south of High Ridge Road Description: Request to amend the Future Land Use Map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional and rezoning from Planned Unit Development (PUD) to R-1AA, Single-Family Residential City Manager Parker advised that this item will be continued to the May 9th Planning and Development Board Meeting, after which it will come before the City Commission. Lots 9 and 10, Palm Beach County Club Est..tes City of Boynton Beach City of Boynton Beach South side of N.E. 8th Avenue, approximately 100 feet west of N.E. 1st Street Request for rezoning of Lots 9 and 10 of the Palm Beach County Club Estates subdivision from PU, Public Usage, to R-2, Single and Two-Family Residential Ms. Heyden advised that this rezoning is necessary for use of the subject par- cels in the City's Inf111 Housing Program. The bank has just closed on a construction loan for one of the lots. A second loan is currently being pro- C. Project: AgeAt: Owner: Location: Description: - 16 - ------- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 2, 1995 Commissioner Jaskiewicz stated that most communities do not have it before 8:00 a.m. Tom Duggan of Trammell Crow Residential agreed not to start until 8:00 a.m. At Mayor Pro Tem Matson's recommendation, Mr. Duggan agreed to the hours of 8:00 a.m. to 7:00 p.m. Mr. Hukill advised that the route does not go through much resdiential area. Mended Motion Mayor Pro Tem Matson amended her motion to amend the hours from 7:00 a.m. to 6:00 p.m. to 8:00 a.m. to 7:00 p.m. The motion carried 5-0. x. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 095-06 Re: Amending Article II, Fire Codes, Section 9-15 providing for the adoption of the Life Safety Code, 1994 Edition in its entirety City Attorney Cherof read Proposed Ordinance No. 095-06 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-06 on second and final reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 095-07 Re: Amend Land Use Element of the Comprehensive Plan - Main Street Car Wash City Attorney Cherof read Proposed Ordinance No. 095-07 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Motion Mayor Pro Tern Matson moved to approve Proposed Ordinance No. 095-07 on second and final reading. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. - 22 - MINUTES - CITY C._ 4ISSION MEETING BOYNTON BEACH. FLORIDA MAY 2. 1995 3. Proposed Ordinance No. 095-08 Re: Rezoning - Main Street Car Wasil City Attorney Cherof read Proposed Ordinance No. 095-08 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore, Mayor Taylor declared the public hearing closed. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-08 on second and final reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 4. Proposed Ordinance No. 095-09 Re: Rezoning Lot 9 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-09 by title only. No one wished to speak in favor of or against this proposed ordinance. Therefore. Mayor Taylor declared the public hearing closed. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-09 on second and final reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 5. Proposed Ordinance No. 095-10 Re: Rezoning Lot 10 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-10 by title oniy. No one wished to speak in favor of or against this proposed ordinance. Therefore. Mayor Taylor declared the public hearing closed. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-10 on second and final reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading None. - 23 - :i ,I 'I Ii ;i :1 :1 I ,I 'I ,j ,! ORDINANCE NO. 095-.17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MAIN STREET CAR WASH PROPERTY (EAST SIDE OF NE 1ST STREET, APPX. 160 FEET NORTH OF BOYNTON BEACH BOULEVARD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATIOtT IS BEING CHANGED FROM MEDIUM DENSITY HESIDENTIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING FOR CONFL!C~S, S~VERABILITY AND AN EFFECTIVE DATE. II 1: 11 :1 I I WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use ,i Plan and as part of said Plan a Future Land Use Element by ,I .1 Ordinance No. 89-38 in accordance with the Local Government II Comprehensive Planning Act; and WHEREAS, Forward Progress Inc., owners of the property more particularly described hereinafter, has requested the " above mentioned Land Use Element amendment; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and !! WHBREAS, after public hearing and study, the City il il Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of tQe following described land shall be designated as Local Retail Commercial. Said land is more particularly described as follows: Lots 18, 20, and 22 less the west 25 feet thereof as shown on the Plat of C. W. Copps Addition of Boynton, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 7, Page 56. Containing 0.23 acre more or less, and subject to easements, reservations or R/W of record. II ! ,I 'I II II Future Land Use Element shall be amended accordingly. :1 " i, I' ,I , Section 2: That any maps adopted in accordance with the Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. " :1 :1 Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of :1 competent jurisdiction to be invalid, such decision shall not " " I II affect the remainder of this Ordinance. !\ ;\ ;! Section 5: The effective date of this Ordinance shall be 'i d ;1 II the date a final order is issued by the Department of I' i! Community Affairs finding this amendment to be in compliance !I !I in accordance with Chapter 163.3184, F.S.,; or the date a ii final order is issued by the Administration Commission finding !i . amendment to be in compliance in accordance with Chapter ~ I :1 163.3184, F. S. The notice of compliance becomes a final order I! 21 days following the issuance of the notice of compliance if i' ; ,! ,i during the 21-day period no petitions are filed challenging i I amendment. Once issued, the Notice of Intent shall be ,~ attached hereto as Exhibit "All and made a part of this Ii I: ordinance by reference. " ,I I: FIRST READING this /8 day of #,IP,('/G , 1995. II I II I I I SECOND, /J'/.I9y FINAL READING and PASSAGE this d<' day of , 1995. CITY OF BOYNTON BEACH, FLORIDA # / . / <... I " ~ I ../' ---~. .....'"\,. ~ ;~' ~_. \ . /t</ I . '-- ~ Mayor ~. /] . _ I I 1 Q ,!~_~ commissio~r 'f ') ATTEST: c----.kta ~J<_~/77c ~ '<oJ "-' Cit Clerk (Corporate Seal) ATTACHMENT "C" STAFF REPORT TO: Planning and Development Board -2- March 9, 1995 Obiective 1.17 - "Minimize nuisances, hazards, and other adverse impacts. ..to residential environments by preventing or minimizing hazards."; and Policy 1.17.1 - "Discourage additional commercial. ..uses beyond those. ..shown on the Future Land Use Map, except where access is qreatest and impaots on residential land uses are least.". Future Land Use Support Document. paqe 40 - "commercial development particularly should not be located where it would adversely affect residentially-zoned property,..." The above references from the comprehensive plan refer to minimizing and discouraging impacts of commercial uses on adjacent residential areas. The subj ect request represents expansion of a commercial use (the existing Main street Car Wash) northward to occupy a lot currently occupied by a single family home. The car wash operates until 5:30 p. m., Monday through Saturday. By their nature, commercial uses, particularly car washes, generate noise and traffic experienced both on and off the premises. The primary noise from the car wash is emitted from the wash tunnel and is projected southward, away from the adjacent neighborhood. Noise is also generated around the car wash building by both cars and work crews. While the proposed use would not increase the primary noise, utilization of the subject lot as proposed would move the car and work crew noises closer to single family homes and would impact two additional single family homes that are not impacted by the current boundary limits of the car wash. These two additional single family homes would also be visually impacted by the adjacency of the proposed expansion. Impacts from traffic are generated from circulation, parking and stacking activity. with respect to stacking, as previously mentioned, one reason for this request is to utilize the subject lot for customers waiting for service, thereby reducing the potential for this traffic to stack within the turn lane on N.E. 1st street; there is a turn lane which runs the entire west property boundary of the car wash, which exclusively serves the existing car wash business. Lastly, parking impacts are felt both on and off the premises due to the lack of space, resulting from increased business, existing on site. Therefore, while some negative impacts (noise and viewing of commercial activity) of this use would be expanded closer to single family homes located to the west and north, other negative impacts (congestion caused by parking and stacking) could be mitigated through the use of this adj acent lot. However, potential consequences of the negative effects on the impacted residential properties could affect property values, and encourage further conversion of residential properties in the immediate area to commercial use, especially in light of the fact that there are two vacant lots in this area. Policy 1.19.6 -" . . . do not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that a particular property is unsuitable for other uses, or a geographic need exists that cannot be fulfilled by existing commercially-zoned property,... and the commercial use would comply with all other applicable Comprehensive Plan policies."; and Future Land Use Suooort Document. oaae 40 - ".. .the city should not change the land use to commercial categories, beyond that which is shown on the proposed Future Land Use Plan, except for minor boundary adiustments. .." with regard to related Policy 1.19.6 and this recommendation from the Future Land Use support Document, the proposed use represents only a small commercial zoning district boundary adjustment and therefore, insignificantly impacts the analysis of commercial demand contained within the comprehensive plan. However, the fact that the single family home on the subject property is currently being used indicates that the property is suitable for residential use. In addition, based on the increased patronage of the car wash business, which draws heavily on the ~ TO: Planning and Development Board -3- March 9, 1995 population within the western part of the city and area west of the city and the fact that the car wash offers services not provided by other car washes within the city and is the only car wash of its kind within the area, the car wash responds to a thriving, market demand. since car washes are allowed in the C-3 and C-4 zoning districts, this need could be fulfilled by existing, commercially-zoned property. Possible geographic benefits of the current location will be discussed later in this report. Policy 1.9.5 - "Implement the community Redevelopment Plan for the area bounded by the FEC tracks, the Boynton Canal, Interstate 95, and Ocean Avenue". That portion of the Community Redevelopment Plan (for the expanded/ residential area) applicable to this request includes general recommendations pertaining to zoning, car washes, and the appropriate lIses for this area. On page V-19 (see Attachment "C") of this document are the following three (3) statements applicable to properties along Boynton Beach Boulevard, east of Seacrest Boulevard: 1) the C-3 zoning district is more permissive than necessary for this location; 2) car washes and lumber yards are permitted uses within the C-3 zoning district, but are deemed unsuitable for this segment of Boynton Beach Boulevard; and 3) it is recommended that new development envisioned for this area would be primarily one- and two-story structures for retail and service businesses supporting the needs of the local community. If considered separately, two of these recommendations are too general to apply to this analysis; however, when combined with the statement regarding car washes, it could be concluded that new uses recommended by the community Redevelopment Plan for this area include only selected retail and service uses permitted in the C-3 zoning district, excluding car washes (and lumber yards). The Communi ty Redevelopment Plan also recommends, in general, that commercial properties along Boynton Beach Boulevard be allowed to expand to one full block in depth to provide space for significant redevelopment opportunities, facilitate rear parking, and provide for the location of storefronts in close proximity to the sidewalk. Although the proposed request would expand the car wash business to nearly a full block depth, and promote rear parking, this recommendation was not directly intended for such an example as the car wash does not contain those characteristics typically preferred in a pedestrian- oriented streetscape setting (i.e. storefront, retail merchandise, pedes tl-ian service, etc.), and nor does it meet the minimum size requirement of one acre. b) CONSISTENCY OF REZONING WITH ESTABLISHED LAND USE PATTERN There is only one commercial land use classification within this immediate area; however, there is little similarity or pattern with respect to existing uses. commercial uses within the immediate two blocks around the car wash property consist of restaurants, offices, and automotive repair and washing businesses. However, a general land use pattern in this area is established by th~ Local Retail Commercial and Medium Density Residential classifications. which share a common border located apprOXimately one-half block deep away from Boynton Beach Boulevard. This border is fairly reqular with the exception of the northward protrusion from the existinq property occupied by the car wash. The proposed request would extend this boundary further into the residential area by including one lot currently occupied by a single single family home. The northward extension of this commercial boundary would nearly extend the equivalent to one full block in depth, or an additional 75 northward into the adjacent neighborhood. c} DESIRABILITY OF REZONING DUE TO CHANGED OR CHANGING CONDITIONS wi th the exception of spatial needs of the car wash business, no specific changes within the immediate area of the subject site have occurred which make the request desirable or undesirable. However, since adoption of the Comprehensive Plan and Community Redevelopment Plan for th2 txpanded area, th~ city has been applying redevelopment .... TO: Planning and Development Board -4- March 9, 1995 strategies to the Boynton Beach Boulevard corridor. These plans include recommendations related to uses, site design and expansion, and major focuses. with respect to the characteristics and performances of car washed, the redevelopment strategies, tend to exclude such uses in the subject area. In sum, the changing conditions which may be referenced include an emphasis on improving, through specific redevelopment strategies, the appearance and economic viability of the Boynton Beach Boulevard corridor. d) COMPATIBILITY OF REZONING WITH PUBLIC FACILITIES To date, staff has not received other agencies' evaluations pertaining to impact on facilities; however, given the small size of the subject property and proposed use, impacts of the proposed rezoning and amendment on facilities including roads, utilities, and drainage resources would likely be insignificant. Furthermore, the proposed use would improve certain occasional traffic problems caused during peak operation of the car wash. e) COMPATIBILITY OF REZONING WITH NEARBY PROPERTIES AND IMPACT ON VALUES See analysis above under CONSISTENCY WITH APPLICABLE COMPREHENSIVE PLAN POLICIES. f) PHYSICAL AND ECONOMICAL DEVELOPABILITY OF SUBJECT PROPERTY The fact that there is a single family home on the subject property that is currently used for such purposes, suggests that the property is physlcally and economically developable under the existing zoning. There are no unique physical characteristics which would limit further development or redevelopment of this site. g) RELATIONSHIP BETWEEN SCALE OF PROPOSED REZONING AND NEEDS OF NEIGHBORHOOD AND CITY The applicant is requesting that if rezoned, the subject property be limi ted to the expansion of parking and traffic circulation for the adj acent car wash business to the south. Furthermore, the subject property is only 0.23 acres; very small scale in relation to the neighborhood and the city as a whole. Also, in a downtown setting, it is typical for commercial uses to be in close proximity to residential uses. However, based on both site specific and general recommendations in the Community Redevelopment Plan, the car wash business is potentially "unsuitable" for this area. This conclusion is in accordance with a redevelopment perspective which is based on specific design criteria, business function and purpose, and overall contribution of specifiC uses within a comprehensive redevelopment strategy. h) AVAILABILITY OF ALTERNATIVE SITES ADEQUATE FOR PROPOSED USE As previously mentioned, there are other sites existing within the C-3 zoning district, or more intense commerc;i.al zoning districts which, would accommodate the spatial, and possiblY location needs of this business. OTHER RELATED ISSUES Redevelopment plans with the goal of creating a streetscape, focus on commercial uses characteristic of a traditional "main street" which include aesthetic storefronts, and businesses accommodating to the pedestrian. However, although the car wash business would not be a typical use considered ideal for a downtown setting, this business has certain economic characteristics which potentially warrant recognition from a downtown perspective, particularly given its location on a state arterial roadway (Boynton Beach Boulevard) which could potentially thwart creation of an ideal pedestrian setting. For an economic viewpoint, the city's downtown development coordinator, Ann Ford, was contacted with respect to her input regarding the tJ TO: Planning and Development Board -5- March 9, 1995 desirable and necessary qualities for a downtown business. Ms. Ford indicated that the Main street Car Wash can be viewed as a thriving business, which attracts many people into the downtown area; people that would be attracted to the types of uses planned for downtown. Ms. Ford added that in comparison, the patronage of this use and small professional uses do not compare and that while waiting to have their car cleaned and polished, car wash customers would be able to patronize the businesses in the downtown. Lastly, Ms. Ford stated that the car wash could benefit from tree plantings along its street frontage. With respect to Boynton Beach Boulevard, this five-lane state arterial roadway will always be the primary corridor to downtown and the beach, unless the city devises a downtown sign program that would redirect tl-affic dO\o'1l1 Ocean Avenue, which has been suggested as part of the l-ecent downtown charrettes, discussed below. Particularly with the eventual redevelopment of the central Business District, traffic volumes will continue to increase. As a consequence of the visibility attained by businesses on this road, there will always be a high demand for automobile-oriented businesses such as a car wash. Whereas Ocean Avenue contains the characteristics necessary for a smaller-scale redevelopment plan that emphasizes pedestrlan access, a successful strategy for Boynton Beach Boulevard might include a mixture of pedestrian and automobile-oriented uses and amenities. Over the past ten years, a great deal of attention has been given to the major gateways to the City and to the old downtown/historic areas by 1 imi ting certain uses I des igning streetscapes with landscaping and street furniture, landscaping medians, encouraging rear parking and land assemblage and developing architectural guidelines. It has been during this time that the Central Business Distrist and its guidelines, the Community Redevelopment plan and revised Community Redevelopment plan, the Boynton Beach Boulevard Urban Design Guidelines, the Community Design Plan, the median landscaping of Federal Highway and Boynton Beach Boulevard, efforts towards preservation of the Boynton Beach historic schools, the development of the Ocean Avenue model block scheme and the more recent downtown charrettes have evolved - all with the same general purpose in mind - to improve the appearance and economic viability of the major corridors and "heart" of the city. The 1994 downtown charrettes yielded a draft downtown plan prepared by the Treasure Coast Regional Planning Council. This draft plan, intended to codify the results of the charrettes, has been reviewed by the Commission at a January 1995 code revision workshop. During workshop discussions, issues were raised regarding the lack of clarification and refinement of various design components and the lack of definitive plan boundaries. Among staff's comments, was a recommendation to include within the plan boundaries, the property along Boynton Beach Boulevard, east of 1-95. Although the plan did not contain specific language as to the development of this area, staff viewed this area as important due to its traffic connection to the downtown. Anothe. important recommendation was the need to r.v1.. the Community Redevelopm.nt Plan so that the two plans would be consistent. A second draft which addresses the comments from the January workshop is in progress. RECOMMENDATION Until the Commission adopts the downtown plan recently drafted by the Treasure Coast Regional Planning Council, including related revisions to the Community Redevelopment Plan to lend speCific diredtion, the Planning and Zoning Department cannot support this request as submitted by Jim Zengage, based on the follOWing: a. the requests and proposed use would further adversely impact the surrounding, residential area, due to noise and visual effects from the commercial activity of the car wash, to a greater extent than currently exists; b. potential, long-term effects of the proposed use on surrounding property values and the possible domino effect of the conversion of residential property to commercial use; ~ TO: Planning and Development Board -6- March 9, 1995 c. the property is developable under the existing zoning; d. there are other commercially-zoned properties within the city that permit car washes; and e. the requests and proposed general recommendations Redevelopment Plan. use are inconsistent contained in the wi th the Community If the Commission determines that the draft, downtown plan is refined enough to conclude that the proposed request is consistent with the long-term redevelopment goals for Boynton Beach Boulevard and the downtown, it is recommended that, at minimum, conditions of approval of this request include the following: a. limitation of the use of the subject property for buffering, traffic stacking lanes and parking and recorded as a restrictive covenant, that runs with the land. (Without this condition, the property could be used for any use allowed within the C-3 zoning district, as well as a building expansion to the existing car wash structure. Also, without a restrictive covenant, there is a great potential for the use limitation to be overlooked and forgotten in the future.) b. consistent with recommendations within the Community Redevelopment Plan for commercial properties which provide for parking areas through rear expansion, no signage shall be clearly visible or in direct sight of residential areas, and lighting (illumination) levels on the subject property shall not exceed normal residential street level. Lastly, depending on how long before the Commission adopts the Treasure Coast Regional Planning Council downtown plan and associated revisions to the Community Redevelopment Plan, the Commission may wish to consider placing a moratorium on development within the eastern section of the Boynton Beach Boulevard corridor until these plans are adopted and there is a clear direction regarding desired development criteria for this area. Attachments xc: Central File HISClt:CWASH.REP , sdf' <<lvI 1\ '1''1' 1\ Cfi}1. B'N '1' "1\ II 1.0 0 C1\ '1' 1. O'N }1.1\ P 1 w~~ ~ ,~\1 P'~): ~~ ~<:<f.;1.IY"~ ~ n II }-~ ~~l-r'r~ ~ 0 (1. 5ll- --J \ L,- ~ \ r- "y'", ~~..-" .-r1 T' .~~ ' -_.~ · ~ / LL LL ~-l\'1-~ ::.Vr _I I i;Y \ \... ~ c-r- r-r ' " -1 I 1 "', ~ \ I II " ,l' j ~~.~ 7 \ \ \1~' ~,,\ :::' """ T I-i- _I- V ~ 1 - ~..n: a::.... ',; n ~ \ '. 1. -;- ~~. ~ o ~-' ~;;;- ?1 '~i? ~~~~-~ =- , ,~ - ~I R ~ ..... T<". '... '~p". ~<<9/\.v.-4~ ~ ~-- t::: -,,^ t<' L..""v -:::: 'It ~il=:: : .. --- ::W~r 0 '--"~ -' '.l., ' d :.... t · V __ _ :=.~ ~c W~ t .....-yY ...1/1 ..::- - " I wt - r ' c1'.J'1 _.-.- ,.... 5-1 ':';" - : '/1 II t~n \"- loo I · ',' ~i;.l:! -V '" aa<NT(ltI' -Ill. .. \ ~ ~. . _ ..! \1 ~ \ \\] C::::;I ~ I r rl '- '10 . j_'~ l\€,,~,l I ,\ \ \ :::::::1: . _...._ ".,. ~ . I -' WE. ~ ~ " . ,\ I~ i I ~ N ~! "". ocU!! Jill] ~ , ~, ,~~: ~ ~\~~ ~ CE. .. rTfff..J ,Ill ... T\]\~' J .LuJ "\ '\" P\ .:'\ \ \\'= ! rm T nT Zilo. "'i:~ 1_, · I . I I I ~ '.' '" ! , "CJII'. - f i \ Jill I I I LOCA1\OtJ MAP MA\'" SlREEl CAR WASH -'; ~ t= ,~b ,..--' ...E. ..~ @l ~ ~\ ---1 --v . I i - r ~~\ . ~ .,=~\ I- -\\, .~ ~ ,- --- \ \ \L-- \ 1\ i '\ ~ ',\ i \ST. ~ If. \ \ \ \\ mr. ~.\\i ~.~~V~ \\\1.... .ID)~~\\\\~.nm\~ I\i '\ B.\@~\\~~ N ~"\I ~. ~.~ E3 ~ \ fl\~ ~ \ F::::: l\~ · J : -!, -w~: \ "\ \ \ \ s.E. \ \ \ 11.1 '"!Io1N!. T~ ~\ \\\i\\ " :1: --- v ~policy 1.19.6 policy 1.19.7 Policy 1.19.8 Policy 1.19.9 Policy 1.19.10 Objective 1.20 demand for commercial acreage which has been projected in the Future Land Use Element. Subsequent to Plan adoption, do not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, or no other suitable property for a commercial use exists for which a need can be demonstrated, and the commercial use would comply with all other applicable comprehensive plan policies. In areas where the demand for commercial uses will not increase, particularly in the Coastal Area, subsequent to Plan adoption change the land use and zoning to permit only residential or other non-commercial uses. subsequent to plan adoption, modify the land development regulations to keep existing public schools which are in operation in the Public and Private Governmental/ Institutional land use category, and place future public schools in a reasonable land use category which is agreed upon by the City of Boynton Beach and the Palm Beach County School. Board administration. subsequent to Plan adoption, modify the land development regulations to place sites of 3 or more acres which are occupied or are planned to be occupied by government uses, utilities, hospital~, places of worship, and private schools,' in the Public and Private Governmental/Institutional land use category, except where such uses are located in the CBO zoning district or in planned zoning districts. Subsequent to Plan adoption, modify the land development regulations to place sites of 2 or more acres which are occupied or planned to be occupied by public parks and recreation facilities, and private parks and recreation facilities for residential projects, in the Recreation land use category, except where such uses are located in the CBn zoning district or in planned zoning districts. By June 1, 1990, or when mandated by .tat. statute, regulate subdivision of land by continuing to require that the creation of more 32 II Policy 1.9.4 3ubseq'len t t(:, ?13.i1 .3.dc::t lcn, modi fy the 1 and c1~'l~lopii1~lJt 1"-:-qulati:Ji12 to l'equire construction and de'! "= h)p\l1~ n t: ~)1-C) J ec t s in tlH:' een tr al Bus ines s JlstrlCt t,~ =;::;-:;o::ntl::-llly cc:nronn to the community Redevelopment PIall, the development regulations, and ~l e ::-; 1 'J r. l} 1I .L del:" n e s for t his d i s t r i ct. *policy 1,9.5 Implement the Community Redevelopment Plan for the a~~a bcunded by the FEe tracks, the Boynton Canal, In~erstate 95, and Ocean Avenue. Policy 1.9.6 Subsequent to Plan adoption, require construction and development projects to generally conform to the Community Redevelopment Plan for the area bounded by the FEC tracks, the Boynton Canal, 'I !nterstate 95, and Ocean Avenue, and any development regulations or design guidelines adopted pursuant to this plan. Policy 1.9.7 Subsequent to Plan adoption, modify the land development regulations to require construction and development projects to generally conform to the Boynton Beach Boulevard Urban Design Plan, except where the Urban Design Plan has been ~uperseded by the adopted Community Redevelopment Plan. Policy 1.9.8 Subsequent to Plan adoption, modify the land development regulations to require construction and development plans to generally conform to the adopted design guidelines for East Ocean Avenue. Objective 1.10 By the Year 2000, eliminate nonconforming commercial and industrial uses which are located in residential zoning districts, and all uses which dreate a significant risk of fire, explosion, toxic, or other hazard to existing or future dwellings located in residential land use categories. Policy 1.10.1 Subsequent to Plan adoption, require, in the zoning ~egulations, that all nonconforming commercial and industrial uses which are located in r8sidential zoning districts be discontinued within 10 years of the adoption of this plan. Policy 1.10.2 Reserved. Policy 1.10.3 subsequent to Plan adoption, require, in the zoning regulations, that all bulk storaae or sale of liquified petroleum gas which constifutes a principal use and which is located within 1,200 feet of property within residential zoning 12 Ja city, or the applicant for development applies for a lower level of service, by seeking to have properties in the vicinity approved as a regional activity centr and an Areawide Development of Regional Impact. 41 w MINUTES COMMUNITY REDEVELOPMENT ADVISORY BOARD BOYNTON BEACH,,,FLORIDA SEPTEMBER 11,1995 Motion Vice Chairman Richter moved to approve the site plan as presented, including the comments made at this meeting. Ms. Winters seconded the motion which carried unanimously. 6. ADJO~ENT There being no further business to come before the Board, Vice Chairman Richter moved to adjourn the meeting at 6:54 p.m. Ms. Heavilin seconded the motion which carried unanimously. I ~ . ff~ ~4-- , Eve Eubanks Recording Secretary (One Tape) 4 ., . -../ MINUTES OF THE COMMUNITY REDEVELOPMENT ADVISORY BOARD MEETING HELD IN THE DOWNTOWN DISTRICT COORDINATOR'S OFFICE, WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA, '""- ON MONDAY, SEPTEMBER 11, 1995, AT 6:30 P.M. PRESENT Lloyd Powell, Chairman Dan Richter, Vice Chairman Jeanne Heavilin Sy Rosenthal Pam Winters David Showalter, Alternate Ann Ford, Downtown District Coordinator 1. CALL TO ORDER Chairman Powell called the meeting to order at 6:30 p.m. The Recording Secretary called the roll. 2. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Vice Chairman Richter moved to approve the agenda. Ms. Heavilin seconded the motion which carried unanimously. 3. PUBLIC AUDIENCE None. 4. APPROVAL OF MINUTES No additions, delections, or correction were made to the minutes of the August 21, 1995 meeting. Mr. Rosenthal commended the Recording Secretary for doing a terrific job on these minutes. .. ...., OFFICE OF THE CITY MANAGER AGENDA MEMORANDUM April 18, 1995 VI. PUBLIC HEARING A. Main Street Car Wash Rezoning Application for Land 'Use Amendment/Rezoning At the Planning and Development Board meeting there was some concern regarding what seemed to be conflicting City staff recommendations from the Planning Department and Downtown Development. The ourrent adopted Downtown Community Redevelopment Plan was approved In 1988 and does state that car washes are an unsuitable use for the area, however, Redevelopment staff, along with the Treasure Coast Regional Planning Council are in the process of writing a new plan which will be presented to the City Commission shortly. Additionally, this use is currently in place and because of its popularity, a safety factor needs to be considered as cars are now stacking back to Boynton Beach Boulevard. If the City Commission wishes to approve this request, the applicant has agreed that the following conditions may be permanently placed on the approval: 1. The lot to be purchased shall not contain any expansion of the existing car wash building. Additional canopies may be installed on the site, as well as a shed for storage only, provided the shed meets all set back and building site plan code requirements. Traffic lanes and parking lot area will be the primary uses of this property. 2. A buffer wall with landscaping will be constructed along the entire northern property line to shield this use from the adjacent residences. 3. A "menu" type board sign showing the types of services and the amount of each service would be allowed on the interior of the property to let the cars in line know what services are available prior to entering the car wash and a directional sign at the current, existing driveway cut would be allowed. 4. If the owner wishes to expand the existing car wash building, an alternate location would need to be found at that time, as it would not be permitted on this site. Utilizing these conditions, it is our recommendation that the approval of this request would not jeopardize the goals and objectives the City has for the downtown, the Boynton Beach Boulevard gateway entrance or harm the adjacent residential neighborhood. ~~ Carrie Parker City Manager I ; ~:.~--._~.. - - ......----..-.. .......... ! I'll) I~ m r~ fl \Vf I:: ,. r.l'~)~' .' j- .._~. . ....... . . - , '11/1] , ,uTi'i' f .. \~ CP:jc Attachment cc: Planning Development Utilities 'WI' .."", MINUTES - CITY COIIUSSION MEETING BOYNTON BEACH. FLORIDA APRIL 18. 1995 increase in volume, and the residents do not have a problem with this. In addi- tion, she felt the rezoning will alleviate the stacking problem. Vice Mayor Bradley was in support of this rezoning. He pointed out that the Zengages have been around for a long time and are good business citizens. Commissioner Rosen considered this a matter of beautification and was in favor of this rezoning. Mayor Taylor commended the owners for trying to solve a problem without being asked to do so by the City. Mended Mot'on In response to City Manager Parker, Vice Mayor Bradley and Mayor Pro Tem Matson agreed to include the four conditions she mentioned in the motion. The motion carried 5-0. ayor Taylor declared a recess at 7:56 p.m. The meeting resumed at 8:05 p.m. Project: Late WOrth Christian School TO BE CONTINUED TO THE MAY 9TH PLANNING & DEVELOPMENT BOARD ME TING J. Richard Harris, Esquire Condor Investments, Inc. East side of High Ridge Road, appr (~) mile south of High Ridge Roa Request to amend the Future L Use Map of the omprehensive Plan from Low nsity Residential to P ic and Governmentall titutional and rezoning from Plan Unit Developm (PUD) to R-1AA, Single-Family Reside al s 9 and 10. Palm ch County Club Estates ity of Boynton Beach City of Boynton Beach South side of N.E. 8th Aven west of N.E. 1st Street Request for rezoning of Lots 9 a County Club Estates subdivision fr PU, Public Usage, to R-2, Single and Two-Family Residen tal en advised that this rezoning is necessary for use of the ubject par- cel n the City's Infill Housing Program. The bank has just close n a c struction loan for one af the lots. A second loan is currently be ng pro- C. Project: Agent: Owner: Locatio - 16 - .., . ...., MINUTES - CITY CO.IUSSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 However, additional canopies may be installed on the site, as well as a storage shed, provided the shed meets all code setback and site plan requirements. Traffic lanes and parking lot area will be the primary uses on this property. 2. A buffer wall with landscaping will be constructed along the entire northern property line to shield this ll~~ from the .adjacent residences. 3. A Msandw1chM or MmenuM type board sign showing the types of serv1ces and the amount ,of each service would be allowed on the interior of the property to let the cars in line know what services are available prior to entering the car wash. A directional sign at the existing driveway cut would also be allowed. 4. If the owner wishes to expand the existing clr wish building, an alternate location would need to be found at that time, as it would not be penmitted on this site. Mr. Kilday agreed to these conditions. Lloyd Powell, Chainman of the Community Redevelopment Advisory Board, stated that the Planning and Development Board does not see any problem in rezoning one lot north. In fact, they realize that when the plans for the Boynton Beach Boulevard corridor are finalized, there are going to be many lots, both north and south of Boynton Beach Boulevard, rezoned for the expansion of parking, etc., for the businesses that front on Boynton Beach Boulevard. He felt this request will solve the safety issue of stacking. No one else wishing to speak with regard to this application, Mayor Taylor closed the public hearing. Motton Vice Mayor Bradley moved to approve the land use element amendment/rezoning request for the Main Street Car Wash. Mayor Pro Tem Matson seconded the motion. Commissioner Jaskiewicz was in favor of. improving the appearance of Boynton Beach Boulevard. She had no objection to this request. However, she asked if the applicant would consider planting some Palm trees in front of the building, facing Boynton Beach Boulevard. Mr. Kilday stated that this would not be a problem. He advised that he will have to come back for site plan approval and at that time, a detailed landscape plan will have to be submitted. Mayor Pro Tem Matson pointed out that the owners of the car wash have been good neighbors, the existing car wash is not being expanded so there will not be an - 15 - .., .." MINUTES - CITY CQMMtSSION MEETING BOYNTON BEACH. FLORIDA APRIL 18. 1995 Mr. Kilday said the new pending plan will allow this use as a confonming use. He advised that Ann Ford, the Downtown District Coordinator, the Community Redevelopment Advisory Board, and the Treasure Coast Regional Planning Council are in support of this request. Mr. Kilday stated that the current plan suggests that these uses might not be appropriate; however, this use already exists. He pointed out that the new plan recommends its legit1macy. Mr. Kilday stated that th1s 1s a good business d01ng a good job downtown. It brings people downtown who probably would not ~ome east of 1-95. When these people come to the car wash, they investigate other th1ngs happening in the area. He felt this meets the goals and objectives of the Comprehensive Plan. Tambr1 Heyden, Plann1ng and Zon1ng D1rector, stated that there was a lot of focus at the Planning and Development Board meeting regard1ng what appeared to be a discrepancy between the recommendations of the Planning and Zoning Department and the Downtown Development Coord1nator. She stated that at the time this application was submitted, staff based the1r recommendat10n on the Comprehensive Plan and the ex1sting Community Redevelopment Plan. In September, 1994, the City went through a serles of downtown charrettes. In December, 1994, a document was produced by the Treasure Coast Reglonal Planning Counc1l wh1ch summar1zed what happened at those downtown charrettes. That docu- ment was reviewed by the Commission .at a workshop 1n January, 1995. Staff heavily relied on that document to review this request. That document d1d not contain boundaries. Among staff's comments was a recommendation to 1nclude w1thin the planned boundarles the corridor of Boynton Beach Boulevard. Staff felt that area was 1mportant s1nce it is the gateway to the new revitalized area and that some spec1al consideration should be given to it. Based on the timing of th1s appl1cat10n and the draft of the Commun1ty Redevelopment Plan that was available to staff, staff recommended den1al based on inconsistency with the Comprehensive Plan, the ex1st1ng Commun1ty Redevelopment Plan, and the draft of the Downtown Redevelopment Plan. Staff was also concerned about the poss1ble dom1no effect of other vacant propert1es in this area wanting to be. rezoned com- mercial if th1s request 1s approved. Ms. Heyden stated that 1f the Comm1ss10n approves this request, staff recommends that a restr1ctive covenant be requ1red to document, 1n perpetu1ty, any cond1- tions. City Manager Parker stated that the City cannot require a covenant on th1s prop- erty. However, she suggested whatever mechanism the City Attorney thinks would be a penmanent restriction on the property. She pointed out the following four conditions that the City Commission may wish to consider to limit development on the property: 1. The lot to be purchased shall not contain any expansion of the existing car wash building. - 14 - ., ...., MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA APRIL 18. 1995 ennttted to speak for or against the application. Following the e of ~he pu ffinnative motion should be ma s on with discussion on the motion be e is take e conclusion, all the applicants should be reminded that econsider can be made any time prior to noon on this ay by any membe Commission. swore in all those witnesses who intend to testify his A. Project: Main Street Car Wish CONTINUED FROM MARCH 14, 1995 MEETING "* Agent: Jim Zengage . L231 . OWner: Forward Progress, Inc. !)C~CH.Y1'-Y1<:::'f)dc:;..f,on Location: Between N.E. 1st Street and N. E. 2nd Street, immedi- iately north of Mainstreet Car Wash Description: Land use Element Amendment/Rezoning: Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to local Retail Commercial and rezoning from R-2 (Single and Duplex Dwelling District) to C-2 (Community Commercial) Kieran Kilday of Kilday & Associates stated that the Main Street Car Wash is an existing business. During the last few years it has been upgraded. It is well- maintained and very successful. Because of its success, a problem of stacking and waiting has been created. He displayed an aerial of the commercially zoned property in this area as it currently exists. He explained that vehicles come into the car wash from N.E. 1st Street and stack out onto Boynton Beach Boulevard. The proposal being made is to allow for a rezoning of a lot on the north side of the property to get the stacking 01f the street. The request went before the Planning and Development Board last week. They voted 4 to 3 to deny this request. Their concern was not that it was an inappropriate use, but of a question of time. The current downtown master plan states that certain uses may not be suitable in the C-3 zone, including car washes. Based upon this, staff was concerned about the car wash being there. . Mr. Kilday stated that there is a single-family house on the property to the north of the Main Street Car Wash. The owners of the Main Street Car Wash purchased it about a year ago and fixed it up. They would like to move it to another site and move the wall back to the north property line. Mr. Kilday stated that the mav-ing north of commercial is consistent with the plan for the downtown area. Therefore, the zoning and land use request before the Commission is consistent with the existing plan. Mr. Kilday advised that the neighbors who own the property immediately north of this site, and the neighbor to the west, are in support of this request. The property immediately to the east of the site in question is currently vacant. The property east of that property is C-4 Commercial. Therefore, he felt this request fits in with the plan. - 13 - 'W' ., \ ATTACHMENT "E" LPA RECOMMENDATION & STAFF CONDITIONS ~ ..., LAKE WORTH DRAINAGE DISTRICT --^--^-./ Board of Supervisors C, Stanley Weaver Kennlt Dell John l. Whitworth III SecretlllY/Manager William G. Winters Asalatanl Manager Richard S. Wheelihan Attorney Perry & Schone. P.A. ~'88 13081 MILITARY TRAIL DELRAY BEACH, FLORIDA 33484 March 8, 1995 Mr. Michael W. Rumpf Senior Planner City of Buyntun Beach Planning Department P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Rumpf: Subject: Mainstreet Car Wash (Reference No. LUAR95-001) The above referenced project is not located within the service area of the Lake Worth Drainage District. Thank you for the opportunity to review and comment. If you have any further questions, please call. Sincerely, SJW/mfb c: Patrick A. Martin, P.E., District Engineer, LWDD ~ Delray Beach & Boca Raton 498,5363 . Boynton Beach & West Palm Beach 737-3835 . FAX (407) 495-9694 w ~ - March 21, 1995 ~,~ SWA SDUD WASTE AUTHORITY YOUR PARTNER FOR SOLID WASTE SOLUTIONS City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Ann: Planning Director Subject: Availability of Solid Waste Disposal Capacity Dear Planning Director: The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated county for the coming year. This letter constitutes notification of sufficient capacity for concurrency management and comprehensive planning purposes. Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5.005(4). As of September 30, 1994, the Authority's North County Landfills had an estimated 38,200,000 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the population growth rates published by the University of Florida Bureau of Economic and Business and Research (BEBR), and projected rates of solid waste generation, waste reduction and recycling the Solid Waste Authority forecasts that the existing landfill capacity will be depleted in approximately 2021. The Authority continues to pursue options to User... the life of it. exllt1n1 facilities and to provide for all of the County's current and future disposal and recycling needs. As part of its responsibility, the Authority will provide an annual statement of disposal capacity, using the most current BEBR projections available. . If you have any questions or if I can be of further assistance, please do not hesitate to call. v~~~~ Marc C. Broner, Ph.D. Director of Planning and Environmental Programs rn m@rnnwrn 001 MAR ?? ,::r:.; L. ... . j \ PLANNING AND ~ I , ZONING OEPl ! 7501 North Jog Road, West Palm Beach, Florida 33412 (407) 640-4000 FAX 683-4067 Rt>( .,:'~:J ('.1:>" W' .., MEMORANDUM UTILITIES DEPT. NO. 95 - 075 TO: FROM: DATE: Michael Rumpf, Senior Planner John A. Guidry, Utilities Director March 1, 1995 SUBJECT: Mainstreet Car Wash - Availability of Water and Sewer We offer the following comments on this application,. as follows: This utility has sufficient reserve water and sewer capacity to support the rezoning that is requested. It appears from the application that the usage of the 0.23 acre site will not directly require a direct demand for additional services. but may result ion an indirect demand if the volume of business at the existing facility (to the south) increases. Please refer any que.stions on this matter to Peter Mazzella of this office. JAG/PVM bc: Peter Mazzella xc: File m(@~nw~.~..1 :' , , , . . ; . : [.~ . ~ PLI, ('! f\Ti7t::~T~-.-~"". ZOt'Hun f~rp~' : .. ...., Board of County Commissioners Ken L. Foster, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H, Newell Mary McCarty Maude Ford Lee Cuunly Administrator Robert Weisman Department of Engineering and Public Works March 1, 1995 Mr. Michael Rumpf Planning & Zoning Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 oom m 0 ~J JTJ'1! .~. flJNNlNG AND ONING DEPI RE: TRAFFIC ANALYSIS FOR MAIN STREET CAR WASH Dear Mr. Rumpf: As per your request, I am providing the following traffic analysis information for the Main Street Car Wash land use amendments in the City of Boynton Beach. Project: Main Street Car Wash Existing Land Use: R-2 (duplex) Dwelling Units: 2 multi-family Daily Trips: 14 Change in trips: 213 increase Existing Traffic Volume on Boynton Traffic Increase: Total Traffic: LOS D: 29,400 A copy of the currently adopted County five year road programs is enclosed as per your request. If you have any questions regarding this determination, please contact me at 684-4030. Size: 0.23 acres Proposed Land Use: C-3 (commercial) Retail: 2,461 square feet Daily Trips: 227 Beach Boulevard: 15,275 213 15,488 Sincerely, OFfICE OF TH[ COUNTY ENGINEeR ~:-,-fiJy Dan Weisberg, P.E. Senior Registered Civil Engineer attachment File: TPS - Mun. - Traffic Study Review g:\user\dweisber\wp50\boyn36 "/\n ElJU,JI Upportunil\" - ,\lfirl11,lli\.l' i\LlIl1l1l"I11I'i,,:n" 'T', -- ..,. ':::;.' orrnrf?d on rec'r'Cled paper Box 21229 Wesl PJlm Be.lCh, Florida 33-l11>-1229 (-l07) bH.J-.JOOIl 'W ""-1 ATTACHMENT "D" AVAILABILITY OF FACILITIES ANALYSIS f r r . r r [ ( I l I l t t L l L L L L 'w' ., prohibition of access/egress driveways and installation of suitable screening material. such as solid wall and/or dense landscaping. +0 No signage will be visible from residential areas and exterior lighting will not increase illumination levels above normal residential street levels. The City should refine and expand on these performance criteria in their development regulations in order to be able to take advantage of special future redevelopment opportunities Cor which no evidence oC demand currently exists but which may come along in the future. such as small oCfice buildings and mixed retail/office projects. Office development would be emphasized in the western section rather than retail. There arc numerous examples of office and residential uses co-existing side-by-side. provided that an adequate buffer is maintained. Commercial zones east of Seacrest Boulevard have a maximum four story heigl)t limitation (45 Ceet). This is not considered restrictive to potentials in the redevelopment area. but may inhibit future opportunities in the downtown area. particularly near the Intracoastal Waterway. The city should adopt a flexible attitude toward building height and bulk east of 1-95 and allow exceptions to current regulations based on parcel size, setbacks and proximity to other land uses. Relationshin to Downtown DevelODment The designated Boynton Beach downtown area extends roughly four blocks north and south oC Boynton Beach Boulevard, cast of the FEe Railroad to the Intracoastal Waterway. A key to its redevelopment is the relocation and improvement of the waterway bridge Crom its existing Ocean Avenue location to Boynton Beach Boulevard. which presently dead ends just west oC US J. This new bridge alignment would increase the importance of Boynton Beach Boulevard as a direct route to/Crom 1-95 and the Florida Turnpike; and the beach communities. While business on Ocean Avenue may be impacted initially. the entire CBO would benefit in the long run from this improvement. The City of Ocean Ridge has opposed the relocation, but courts have upheld the right of Florida DOT to make the change pending further administrative hearing requirements. V-21 " ,. I r r ( r [* ( r ( I l L l. l l. l L L L ..., .... ~ tl of additional lodging facilities, however, areas east of 1-95 are less suited for this type of development because of the proximity of existing residential land use. Retail development east of Seacrest Boulevard can occur under current C-3 zoning, although ~! zonin~ is more permissive than necessary for~h.i~Joc~tJC?n. Car washes and · lumber yards are among the uses permitted in C-3 zone which are unsuitable in this section of the corridor. Development up to four stories in height (45 feet) is permitted S'- in C-3 districts, but the scale of new development envisioned in this section of the corridor would be primarily one- and two-story structures fo!, _rJ!t!!!L~!ld service businesses, # ------.. ..-'" - .----. .-- -. ~.- ,-- ..-.- ----_..- - - . -._- . ---- ~EPQrtingJhc_need~_J~Lth~lQcaL~Q!mP.Y.njl!.. In this regard, an approximate eight (8)- acre parcel at the northeast corner of Boynton Beach and Sea crest Boulevards (bounded by N.E. 1st Street and N.W. 4th Avenue) should be assembled for development of a neighborhood shopping center. This center would be anchored by grocery and drug stores, i taking the place of the outmoded Boynton Beach Plaza on US I, the site of which is suitable for a higher and better use in the future (see below). The Seacrest Boulevard intersection is an ideal neighborhood shoppin~ center locat!ml. Traffic volumes on both streets are favorable and public transportation is ----- available along Seacrest Boulevard. Moreover, the city's police station is across the street, increasing a feeling of safety and security for shoppers. The neighborhood shipping center could be designed in line with the guidelines presented in the Boynton Beach Urban Design Study. City and community leaders should not be reluctant to insist on a well executed design concept for the center so that it complements the City Hall investment and general aesthetic goals for the corridor. Implementation of this shopping center proposal will require that the N.E. 3rd A venue be extended only to N.E. 1st Street instead of to Seacrest Boulevard as recommended in the city's Urban Design Study for the area. This extensio~ of N.E. 3rd Avenue also restricts industrial traffic into the residential areas. The cost of this extension would be an item for discussion with the developer of the retail site. The analysis of the additional traffic generated as a result of the developments recommended in this plan is beyond the scope of this study. However, several points V-19