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LEGAL APPROVAL It!, 'f~,,-6.--,t.L -p,L.: __; tit AGMJ~ sP CITY COMMISSION o~:~~ill m ,~j ~ ~ : ~ m CITY OF BOYNTON BEACH, FLORIDA " ORDER In Re: The application of Jim Hudson, Agent and contract purchaser located at 521 North Federal Highway This matter came before the City Commi~sion of the City of Boynton Beach, Florida on Tuesday, December 21, 1993, requesting approval of a major site plan modification to allow construction of a 176 square foot addition to the existing commercial building on site. Other improvements include construction of a four space parking lot, landscaping and building modifications including a color change from white to gray; the addition of egg shell colored shutters, diagonal wood board panels, lattice, and picket fencing; the addition of exterior building-mounted lamps and multi-pane glass windows; and the addition of pale yellow awning/roof structures. The building modifications are proposed to m~et the Coastal Village Design District. The Board having heard the recommendation of city administrative staff finds the following: 1. The Board finds that modifications will not be detrimental to the health, safety, and welfare of persons working or residing within the CBD and will result in additional business activity that is harmonious with the general intent and purpose of the CBD. ACCORDINGLY, IT IS ORDERED that the applicant's request for approval of a major site plan modification to allow construction of a 176 square foot addition to the existing commercial building on site is unamiously approved, subject to staff comments attached hereto and made a part hereof. DATED:~.A--r /~ /;?,9~ ATTEST: ~ht~~ ~<2L~ Ci. Clerk Board.Ord BY: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA n._ ...,- &Al0 f-f- :;,% '1:>- DECEMBER 21. . ~ o 0, o -" 0) . ........ I ~c to discuss all the setbacks, land configuration, etc. Ms. Heyden said the TRC feels the changes are nonsubstant1al in nature. This request will go on to the Planning and Development Board for consideration. ~ Motion Mayor Pro Tem Matson moved that this be considered nonsubstant1al. Commissioner Walshak seconded the motion which carried 3-1. (Mayor Hanmen1ng cast the dissenting vote.) THE CITY COMMISSION TEMPORARILY RECESSED TO CONVENE AS THE COMMUNITY REDEVELOP- MENT AGENCY. D. CITY COMMISSION CONVENING AS COMMUNITY REDEVELOPMENT AGENCY (eRA) 1. Major Site Plan Modification - Agape Cleaners and Laundry located at 521 North Federal Highway Motion Commissioner Walshak moved to approve the CRAB's unanimous recommendation for approval..' Commissioner Katz seconded the motion. Commissioner Katz stated that Mr. Hudson has been very understanding throughout the process. Mayor Hanmening said that by approving this project, nonconfonming uses are con- tinuing and being expanded upon with no great appreciation of the overall .., appearance of the area. This is a use which is a prohibited use. By continuing this type of operation, the downtown will never be significantly improved. He had hoped that many of the old places would be torn down and someone would come in and consolidate a large enough tract of ground to do something worthwhile and at a reasonable price. Mayor Hanmen1ng also noted that by adding the lattice work to the sides, the side setback nonconfonm1ty is being increased by approximately 3", which is not significant. He is opposed to requiring the installation of underground electrical service. The motion carried 4-0. THE CITY COMMISSION MEETING RESUMED. IX. NEW BUSINESS: A. Items for discussion requested by Commissioner Bob Walshak: 1. Status of Miner Road In response to a question from Commissioner Walshak, City Manager Miller advised that the City has entered into an agreement with Citrus Glen. The City has some concern over Mr. Glick and Knollwood Groves. We received a proposed agreement which he and Attorney Cherof are reviewing. The concern is that the City might , have to pay $78,000 or $79,000 for the construction of Miner Road. There is a condition in the proposed agreement that if the County refuses to approve the - 22 - .__ _" h MINUTES OF THE ~OMMUNITY REDEVELOPMENT ADVISORY SOARD MEETING HELD IN COMMISSION CHAMBERS) CITY HALL) BOYNTON BEACH) FLORIDA) ON MONDAY) DECEMBER 13) 1993 AT 6:30 P.M. f\ ft- ~ & I z..,.,.Nt pt~~ Tambri Heyden, Acting Planning and Zoning Director 'PRESENT Lloyd Powell, Chairman Daniel Richter, Vice Chainman Conrad McEwen Harvey Oyer, Alternate ABSENT Peppi Anne Greco CALL TO ORDER -- Chairman Powell called the meeting to order at 7:02 p.m. The start of the meeting was delayed due to the Community Redevelopment Agency meeting which was scheduled for 6:30 p.m. ROLL CALL The Recording Secretary called the roll and was informed by Chairman Powell that Ms. Greco was excused from this meeting. APPROVAL OF AGENDA Chairman Powell advised of the addition of an item under IIUnfinished Businessll. That item is the letter to Sam Scheiner's widow. Motion Mr. Oyer moved to approve the agenda. Mr. Richter seconded the motion which carried unanimously. . ) PUBLIC AUDIENCE None APPROVAL OF MINUTES Mr. McEwen moved to accept the minutes of the November 8, 1993 meeting. Mr. Richter seconded the motion which carried unanimously. UNFINISHED BUSINESS Ms. Heyden presented the members with a draft of a letter to Mrs. Sam Scheiner expressing the members' condolences on the passing of Mr. Scheiner, and their appreciation for his many years of service to the City. There was a consensus of the Board to sign the letter and mail it to Mrs. Scheiner. The Board thanked Ms. Heyden. - 1 - . , MINUTES - COMMUNITY REDEVELOPMENT ADVISORY BOARD BOYNTON BEACHt FLORIDA DECEMBER 13t 1993 NEW BUSINESS A. Site Plan Major Site Plan Modification 1. Project name: Agent: Owner: Location: Description: Agape Dry Cleaners James Hudson Robert Rowland 521 North Federal Highway Request for approval of a major site plan modification to allow construction of a 176 square foot addition and site improve- ments. Ms. Heyden made the presentation. There are two buildings presently located on the site. One building is a residence and the other is a commercial building. The applicant is proposing an addition to the commercial building of 176 square feet. The total square footage of all buildings on site would be 2,070 square feet. Several modifications are proposed in connection with this addition. They include installation of a parking lot and landscaping. Six parking spaces are required on site. Four of those spaces will be within the new parking lot and two will be for the residence. There is an existing carport with the residence and one of the two required spaces is under that carport. The other space will be provided in front of the residence. The landscape plan proposed meets Code. The number of trees and foundation plantings will exceed Code requirements. This project is located within the Coastal Village Design District and it is subject to CBD guidelines. The applicant proposes to change the color of the building to gray. He will also add shutters, trellis work, and picket fencing in a pale yellow color. According to a new Ordinance, expansions of nonconfonming structures are allowed subject to CRAB and CRA approval. The Board's recommendation must include fin- dings of fact that the expansion is a plus to the CBD. The items which remain nonconfonming are the side yard setback, minimum living area and the minimum lot size. The Planning and Zoning Department feels this applicant has met the intent of the City's Zoning and Development Regulations to the greatest extent possible, with only the three exceptions mentioned previously. With regard to lot size, the applicant is proposing to purchase the two lots to increase the area. He will submit a Unity of Title for those lots. Staff recommends approval of the project subject to staff comments. Ms. Heyden advised that the Board's motion must include findings of fact that the waivers (which are the nonconfonmities regarding lot area, living area and side yard setbacks) will not be detrimental to the health, safety, and general welfare of the CBD and the waivers will result in additional business activity in the CBD. Chairman Powell inquired about the location of the entrance. Ms. Heyden advised that the entrance is on NE 5th Avenue. There is no entrance from the Federal Highway side_. - 2 - MINUTES - COMMUNITY REDt~ELOPMENT ADVISORY BOARD BOYNTON BEACH. FLORIDA DECEMBER 13. 1993 . Jim Hudson is the contract purchaser. He has been in business in Boynton Beach for the past six years. Mr. Oyer questioned whether or not Mr. Hudson had considered facing the entrance on Federal Highway. Mr. Hudson said he had considered that, but preferred the NE 5th Avenue entrance. Mr. Oyer confinmed that Mr. Hudson made that decision on his own and that he was not told by the City or his architect that the entrance could not be placed on Federal Highway. Chainman Powell pointed out that an entrance on Federal Highway would be very difficult because of the building location. Mr. Oyer feels that this is one of the things which is hurting the community. When Federal Highway was expanded, many properties were left in a condition which did not allow proper utilization. Nonmally, businesses are more prosperous facing Federal Highway; however, if it is Mr. Hudson's choice to face NE 5th Avenue, then Mr. Oyer has no objection. His concern was whether City Ordinances or Departments were not providing an alternative. Mr. Hudson stated that he wants to do what is best for himself and the City and if it is necessary to change his plans, he will cooperate. Vice Chainman Richter pointed out that the reason why no entrance was put on Federal Highway is that the door of a commercial establishment must open outward and in this case, it wOuld open onto the sidwalk and create a hazard. , i Vice Chainman Richter further stated that of the twenty-four comments, eleven had to do with landscaping. He hopes the contradictions can be deciphered. Vice Chainman Richter referred to Comment #7 of Ms. Moore's December 9, 1993 Planning and Zoning Department Memorandum No. 93-315 regarding the requirement that all utility lines be installed underground. In response to his question, Mr. Hudson advised that the power for these buildings is coming from the pole to the top of the building. Vice Chainman Richter said many users are getting power from the pole and it is unfair to require one person to go install under- ground utilities. He feels that when the entire infrastructure downtown is changed, everyone should be assessed an appropriate amount for putting the power underground and it should not be a requirement at this time even though it is in the Code. Mr. McEwen referred to Page 3, Section 6, relevant to shutters and signage encroaching further on the Federal Highway right-of-way. This enhances the appearance of the building and for the 2" it might take, it is a waiver which should be allowed. Vice Chainman Richter said that when he mentioned things being contradictory, what he meant is that they are asking to carry the slanted board to other parts of the building. He wondered if they are planning to do anything on the roof or overhangs. If, on the 5th Avenue side, the west side and the south side they are required to come out with the facade on the roof, they will add to the set- back problem. The same situation would exist on the Federal Highway side with the addition of the shutters. He feels that wherever decorative or added impro- vements encroach upon the setback, they should be waived. - 3 - ~-------- -----~- MINUTES - COMMUNITY RED~~ELOPMENT ADVISORY BOARD BOYNTON BEACH. FLORIDA DECEMBER 13. 1993 Mr. Oyer agreed that a waiver should be allowed, but suggested the applicant . consider a mural on the wall in place of those decorative items. He feels it is ridiculous to put shutters on the wall when no windows exist. Ms. Heyden pointed out that the windows are functional. Windows are one of the require- ments of the Coastal Village theme. Mr. Hudson explained that the windows were a requirement and they match the front window. He wanted to install some wrought iron, but it would protrude too much. The windows will provide ventilation in his work area. Ms. Heyden advised that the motion should include waivers to Sections 7, 12 and 13. Motion Vice Chainman Richter moved to approve the major site plan modification for Agape Dry Cleaners, Agent Jim Hudson, at 521 North Federal Highway, and that this approval is subject to unifonmity of title on all existing lots, and that we forward same to the Community Redevelopment Agency with a recommendation that it will not be detrimental to the health, safety and the general welfare of per- sons working or residing within the caD and the waivers will result in addi- tional business activity that is hanmonious with the general intent and purpose of the CBO, and those waivers are Sections 7, 12 and 13 of the staff comments and include any further encroachment by the use of decorative or aesthetic improvements as encroachments on the existing setbacks. Mr. McEwen seconded the motion. , ~~ .I Mr. Oyer questioned why Vice Chainman Richter included the Unity of Title in his motion. Vice Chainman Richter feels it is necessary because when a person adds property, it should eventually be included in the survey as a unifonm piece of property, not several different pieces of property. Mr. Oyer did not understand why it would be a requirement of this Board or the City that the applicant have a Unity of Title. Vice Chainman Richter explained that the applicant's name will be on each parcel he purchases. Mr. Oyer questioned whether or not Mr. Hudson must obtain title in one deed. Vice Chairman Richter advised that what is necessary is for Mr. Hudson to own both tracts, but he can have two separate deeds. Ms. Heyden explained that when Mr. Hudson unifies the property, he will only receive one tax bill because it becomes one piece of property. This was suggested because when reviewing the site plan, he has parking spaces on the residential portion which serve the commercial building. He has unified the design on two pieces of property. Mr. Oyer inquired as to whether or not there is a requirement in the City Code or in the Building Department that Mr. Hudson have only one deed, or can he get title under several deeds as long as he is the owner of the property. Ms. Heyden explained that a Unity of Title will unify the property when it is recorded at the Courthouse. Mr. Hudson inquired about whether or not he would be able to go back to the Courthouse to have the properties divided if he decided to sell one of the pro- perties. Chainman Powell explained that the properties cannot be divided since this application covers all of the properties. - 4 - MINUTES - COMMUNITY RED~VELOPMENT ADVISORY BOARD BOYNTON BEACH. FLORIDA DECEMBER 13. 1993 'Mr. Oyer pointed out that this Unity of Title will cover the residence and the . commercial property and by signing it, Mr. Hudson will not be able to sell the residential portion of the property in the future if he so desired. Chainman Powell explained that the applicant is using that property as part of this application. Mr. Richter said this is in a mixed use area, so both residential and commercial uses are allowed. The point is that the lot size for the business requires a certain number of parking spaces. The Board is waiving some of the square footage required to allow the business. He is also penmitted to use the resi- dence. Mr. Hudson said he was told that if he obtains the Unity of Title and then he decides to drop the dry cleaning business, it would go back to the original mixed use. Vice Chainman Richter pointed out that this would be subject to the zoning laws. If Mr. Hudson decides at a later date to sell the property and change the use, he will have to go through the zoning process. Chainman Powell explained that this project is being presented to the Board as a package of properties coming together to meet the requirements of the City Ordinances, and the Board is acting on it in that manner. If, at a later date, he wants to pull apart one segment, he would have to go through the process. Mr. Hudson said he understood that a Unity of Title would combine the property for this use. If and when something else happens, it would be null and void. This is the reason why he had two separate surveys and an additional survey of the entire piece of property. The motion carried 4-0. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 7:40 p.m. Mr. Oyer wished everyone a happy holiday. . i !tt.~ ~ Pralnlto Recording Secretary (One Tape) - 5 - \ WAn/t;1l- J ft,~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTQN BEACH, FLORIDA ~'" '" '. /Jc,,4Pt-.[ &.,J JIst J ~/~4.IA (. NOVEMBER 16, 1993 \ \ . Motion -', "- "'" "'" Commissioner Wa1sha~"moved to approve Item VIII-C.l. Mayor Pro Tern Matson seconded the motion. '~he noted that this motion includes all- ~tPulations and the trading off of the r'oQ! for the Si~. The motion carried 4-l~,,, (Vice Mayor ul1 a cast the di ssenti ng ~~te.) ~ , , ..... '" "------., Ms. yden noted that staff had~ reviewed'tQe photos the Commission "ewed thi s e ~ni ng an~ was not aware ~ whether o'r-"not they were the same a the el evation ,staff ~:~~d and comment~n. Vice Ma~or Aguila said Checkers s not held to the photos.'"They were hel 0 the comments from the colors they addressed and the cut coral,. "-, ", " "~'''''' " "''''..... s. Cottrell stated there are very slight differences from'tqe elevations. a r Pro Tern Matson said that the photos were only used as alt'~xampl e. The photo ,,-were not part of the discussion. -, -'" , " MAYOR HARMEtllNG DECLARED A BRIEF RECESS. " "- ",- '" " ~., ...... 2. Authorize permit for Excavation "'1,111 Operation - Boynton '&each BOU1~P.C.D. (Located at Boynto~each Boulevard and 1mmed~ ately we of Post Office across from ~chester Boulevard) " ~ ~ . ~'''' ~ '" Vice Mayor u1la moved approval with"staff comments. Mayor Pro Matson seconded the m on which carried 4-0. (Commissioner Walshak was aw from the da is . ) .~ - --- 3. Use determination and fee waiver (by Jim Hudson, 521 North Federal H1ghwly) for I. dry cleaning service in the Central Business District Ms. Heyden explained that Mr. Hudson is currently in the site plan approval pro- cess to convert the existing vacant building into a dry cleaners. As part of the application process, Mr. Hudson received information from the City which encouraged him to prepare a fonmal site plan application. He has been informed by the Building Department that dry cleaning on the premises is not allowed. Ms. Heyden advised that this is a gray area in the Code. City Attorney Cherof suggested bringing this to the Comm1ss~on for a use determination. Further, Mr. Hudson is requesting the $150 use determination fee be waived. Ms. Heyden explained that when comparing sections of the zoning code and the Comprehensive Plan relative to this use, some of them allow dry cleaning on the premises, some do not and some prohibit dry cleaning plants. In the CBD, dry cleaning pick up is allowed. Laundry plants are prohibited, but dry cleaning on the premises are not expressly prohibited. The City Commission can decide that the use is not appropriate and was never j intended to be allowed in the CBD, or that it is appropriate and is a matter of interpretation. If it is found to be appropriate, a zoning code text amendment should be instituted. That would require a $250 fee. - 34 - -- -MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 16. 1993 r", o Vice Mayor Aguila asked for clarification on the type of equipment used by dry cleaners and the hazards posed to the neighbors. Mr. Hudson explained that his equipment is a large press. It is not noisy or dangerous. He has state-of-the art equipment. In response to Commissioner Katz' question, Mr. Hudson explained that he began this process in March. His funds are very limited and that is the reason for his request for the fee waiver. Motion Commissioner Katz moved to approve the use determination, waive the fee and change the use to make it appropriate in the zoning district. Mayor Pro Tem Matson seconded the motion. Mayor Pro Tem Matson said the City Commission will hold Mr. Hudson to his pro- mise as stated in his letter to contribute to the improvement and beautificatiun of the downtown area. Mayor Harmening warned Mr. Hudson to be careful not to allow any dry cleaning fluid to enter the sewer system or be found in the lot. The motion carried 5-0. THE CITY COMMISSION RECESSED. ~ \\. "\" ", D. CITY COMMISSION CONVENING AS COMMUNITY REDEVELOPMENT AGENCY ""10 Project Name: perclty DIscount F\d . Beverage ~'\ \, Agent: Sh fiqul Islam \ ~ Owner: Sha 1qul Islam ~ ~ocation: Nort est corner of US HtQhway #1 and oce:\ Avenue ~ Description:~equest to modify an existi 9 1,784 square t bu1 ing and 0.24 acre ite to establ ish ~ a ta 11 s re " \ Ms. Heyden advised that Mr~slam was th meeting. \ \\. ~e advised that this is a req~st to conver~ the isting station to con- nience store. The change in u~e requires that th site be brought u to cu ,rent Codes. This will 1nvolvelRark1ng improvement landscaping, dri way modtfications, l1ght1n~ and a dumps~r. . , \. The d~mpster encl osurewas the major tOp1 c of d1 SCUS$,; on. he Communi ty Redevel~ment Advisory Boar,d unan1mOUS1,Y\~COmmended approva with recommen- dations.,One of the recommendations was r arding the locatio of the dumpster. They reCOrrlnended the dumpster remain where currently encroac s the a 11 ey at the northwest, corner of the b~ilding as oppos to the Publtc Wor s Director's recommendatio~~hat it be loca~ed adjacent to t south side of th building. \, ." e Bob Eichorst. Puhlic Works Direc~r. said tha~, if e dumpster is located in the northeast corner ~ere it was origtQally placed\ the trucks would be 10' from the curb. The trucks would have to back into Federal Highway approximately one - 35 - -