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LEGAL APPROVAL DEVELOPMENT ORDER l,1. { OF BOYNTON BEACH, FLORluh PROJECT NAME: Mobil Gas Station at Woolbright and Congress APPLICANT: Mobil Oil Corporation APPLICANT'S AGENT: Anna Cottrell APPLICANT'S ADDRESS: P.O. Box 19058, West Palm Beach, FL 33416 DATE OF HEARING BEFORE CITY COMMISSION: September 2,1997 TYPE OF RELIEF SOUGHT: Conditional Use Approval LOCATION OF PROPERTY: 2605 S.W. 15th Ave (Northwest corner of Woolbright Road and Congress Avenue) DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant V HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~ ~ /?9? MEETING MINUTES JOINT MEETING OF CITY COMMISSION, PLANNING & DEVELOPMENT BOARD AND CHAMBER OF COMMERCE BOYNTON BEACH, FLORIDA DECEMBER 8, 1997 today may have been extravagant 30 years ago. Good design can be prized at all times. He urged everyone present to understand that we cannot regulate everything. City Manager Willis suggested that the City do proactive planning with respect to what we would like to see in ou" City for the future. She also recommends focussing on goals and objectives throughout the City. This issue will be clarified at a future workshop meeting. Mayor Taylor feels the new projects are being carefully scrutinized, and the board and City Commission are reaching consensus on many issues. He feels the driving forces behind this entire discussion of community design are the "monsters". Mr. Wische pointed out that there is no need for the Planning & Development Board to see all of the permit-related conditions associated with a proposal. The Planning & Development Board should not have to review the comments that are subject to Code. Those comments should be excluded from the Conditions of Approval. Mr. Myott feels staff must continue to comment on the issues that are not in compliance with Code. Mr. Aguila agreed that these conditions should be forwarded to the applicant; however, not to the Planning & Development Board. Commissioner Tillman explained that during Visions 20/20, there were recommendations for changes. As the operations change, different functions change and things overlap. It is important to prioritize and look at manpower through assessments. He questioned whether our professional manpower level is appropriate. With respect to the issue of having grandfathered properties bring their properties up to Code, Mr. Aguila explained that Defray Beach required practical items to be brought into compliance. A survey of every property was made, and everyone was given an assessment and a time frame for compliance. This system worked very well. Mr. Aguila suggested that this City begin requiring developers to build dumpster enclosures that will hold the recycling'dumpsters. Ms. Heyden advised that staff has printed out the entire corridor of Boynton Beach Boulevard and Federal Highway and a portion of Woolbright Road with respect to upgrading. This topic will be discussed in more detail at the next workshop meeting in January. ' At the conclusion of the discussion on this issue, it was agreed that the Community Design Plan will continue to be utilized and it will be reviewed on a regular basis (perhaps every 'two years). In addition, the following issues were identified: ~ Set Fundamental Ground Rules ~ Design Discipline ~ Proactive Planning . Issue #2: Lack of a specific Code requirement regarding exterior lighting to prevent glare and over-illumination, especially for gas stations/convenience stores . Desired Outcome: *Agreement on a minimum, maximum and average illumination level and or light fixture shielding standards that staff can incorporate into an Ordinance for adoption Ms. Heyden explained that lighting became an issue recently when a Mobil station was razed for the purpose of building another service station/convenience store. The property is on an intersection and abuts residential. A condition was placed on the applicant with regard to glare. There was a 3 MEETING MINUTES JOINT MEETING OF CITY COMMISSION, PLANNING & DEVELOPMENT BOARD AND CHAMBER OF COMMERCE BOYNTON BEACH, FLORIDA DECEMBER 8, 1997 recommendation that staff look at lighting. Light meter readings were recorded at properties throughout the City in an effort to set standards based on the criteria, or deal with this issue by screening the fixture or recessing it into the pump island canopy. Mr. Aguila advised that there are so many reasons why a oite is perceived as being bright. Much of this has to do with lighting as well as the surrounding surfaces that reflect the light. Mr. Aguila inquired as to the reason why we are not using the IES recommendations that break down every possible consideration. They have a low of 20-foot candles and a high of 30-foot candies. He questions why we are attempting to invent a system that has been developed by professionals and is already established and based on safety and other criteria. He recommended that we adopt the IES standards. Commissioner Bradley agreed with Mr. Aguila's suggestion that we should review the industry standards, especially if they are conservative. Mark Wallace recommended that consideration be given for safety and to permit observation from the store. This will provide a feeling of safety for the customers using the site. Mr. Myott pointed out that there are no industry standards for cut-off type fixtures and how they relate to other properties. He feels we must set the standards for lighting fixture cut off and type and effect on adjacent properties. Mayor Taylor agreed that our thrust is to adopt a standard outline (industry standards or other) in a document. The City can decide on how the measurements are to be made. . Issue #3: Procedure regarding Commission consent agenda ratification of Planning & Development Board actions. · Desired outcomes: * Agreement on whether to ratify or approve all, some or no Planning and Development Board actions *Agreement on the procedure and time frame to ratify Board actions (if applicable, depending on first outcome). Ms. Heyden explained that this issue has been brought forward because the current Ordinance requires an applicant to lobby a Commissioner to pull an item off the agenda. If that is not done. the item will go forward on the Consent Agenda. Ms. Heyden said some applicants feel they should be able to discuss an item at the Commission meeting regardless of whether or not the Commission wants to pull the item. Commissioner Titcomb questioned whether there is any legal justification for an applicant to have the right to discuss a project at the final level. City Manager Willis did not believe the applicant has that absolute right. She suggested that the Commissioners request the City Clerk to seek a written legal opinion on this issue. . Commissioner Bradley recalled the City Attorney approving this procedure as long as everyone is aware that it is part of the process that the Planning & Development Board is the place for an applicant to make his/her case. The Commission then ratifies the Planning & Development Board decisions unless a Commissioner is willing to pull an item. Mr. Aguila questioned whether or not it is necessary for board actions to be ratified. In Oelray Beach, the process ends at the board level. If the applicant is unhappy, he can request to be heard by the Commission. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 Ms. Cottrell explained that what was proposed was a building design that included a translucent back-lit fascia board 36" in height and yellow in color, At the Planning & Development Board meeting, a good rendering was not available. The applicant is now proposing that the building for the convenience store include a band of yellow. They are willing to eliminate the request for back-lit panels and do it on stucco. Mobil feels this is an important issue. There have been many modifications to the plan to meet the standards for Boynton Beach. Some of those modifications include the roof treatment in Spanish tiles on all three elements including the canopy. The amount of signage is also being reduced. From the market research, Mobil knows the customer needs to see a distinction between the goods they buy at the convenience store and the gasoline station. This is a mini-mart type of convenience store which offers a wider range of goods than a convenience store. This is not corporate architecture, and it is not intrusive or objectionable. Ms. Cottrell displayed a new elevation depicting a truer shade of yellow. She also displayed the color chip. Commissioner Jaskiewicz questioned whether Mobil would consider reducing the size of the color band. However, Commissioner Bradley feels the band needs to be 36", but noted that the color chip, which is the true shade of yellow, is brighter than what was displayed on the elevation. He requested that the shade of yellow be toned down one or two shades to more closely match the shade of yellow displayed on the elevation. Ms, Cottrell was agreeable to working with the manufacturer to tone down the shade of yellow. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Commissioner Jaskiewicz moved to approve the request for conditional use approval to raze an existing service station and construct a 3,084 square foot service station with a convenience store and a car wash on .879 acres of land subject to staff comments taking into consideration they are going to reduce the bright yellow and with regard to Condition #31, they will meet with staff to determine the lighting level, and delete Condition #34, Attorney Cherof requested more definition regarding the motion. Ms, Cottrell suggested eliminating Condition #18, and change Condition #19 to read that the fascia is to be yellow, consistent with the color in the elevation that is submitted for the record. Commissioner Jaskiewicz was agreeable with Ms. Cottrell's suggestion. Ms. Cottrell confirmed that the Commission was accepting the staff recommendations as amended by the Planning & Development Board. Mayor Taylor clarified that Condition #18 was being eliminated, Condition #19 is being amended to refle,c"t,the COIO, r as p"resen,~,ed in the elevatio"n',~d Wi,~-.!~,a, ',rd _to CO~dit!~.Jt~J.Lttl~S, it,,~.,il,lu,mination -Ii: 1~,\I~ls are subject to ~~.clflC--approvaLbytb,e City Cbmmlsslon follOWing staff recommenda!lon. No, oe-"buildingpermfCsnaIrbe issued until the entry of a supplementary Development Order addreSSing this- ~ Issue.-- .-q------ ---.-- _m.__"',___ - ~-_.-.._-'_.- 19