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AGENDA DOCUMENTS r?(~ \\-- r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19 2004 D October 4 2004 (Noon) September 20, 2004 D August 17 2004 (Noon) August 2, 2004 ~ October 19 2004 (Noon) October 4, 2004 D September 7 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21 2004 (Noon) September 7 2004 D November 16, 2004 (Noon) November 1 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM ~ Public Hearing D Legal D Bids D Unftnished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION Please place this request on the October 19,2004 City Conunission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-237 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Gateway Shell (COUS 03-007) Beril Kruger, Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for conditional use / major site plan modiftcation approval for a 681 square foot building addition to an existing gas station / convenience store on a 0 48-acre parcel in the C-3 zoning district. Development epartment Director City Manager's Signature f0lJ( ~~ Planning and Zo . g irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\COUS 03-007 (revised 2oo4)\Agenda Item RequestGateway Shell caus 03- oo71O-19-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC N/A N/A N/A PROGRAM IMP ACT FISCAL IMPACT ALTERNATIVES: VIe') eN 00 ~'O U e ._ ftJ -a.... ~b ell ::::J U .. e5 .!! 0 ~9 e') o Q) ~ rn >- lU ~ S lU C) Cl e :;.... GlO ~~ e - 0(>> '- ... 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PZ 04-237 TO Chair and Members Community Redevelopment Agency Board FROM Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP W Planner {/ THRU DATE. October 5,2004 PROJECT Gateway Shell (fka Gateway Texaco) / COUS 3-007 (revised) REQUEST Conditional Use approval for a 681 square foot addition to an existing gasoline dispensing establishment PROJECT DESCRIPTION Property Owner' SUAU Enterprises, Incorporated Applicant{ Agent: Mr Beril Kruger of Beril Kruger Planning & Consultants Location 2360 North Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/Zoning Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning No change proposed Proposed Use 681 square foot addition to an existing gasoline dispensing establishment Acreage. 0 48 acres (20,830 square feet) Adjacent Uses North. A multi-family residential property zoned Community Commercial (C-3), South Right-of-way for Las Palmas Road, and farther south are single-family attached townhouses (The Harbors), zoned Infill Planned Unit Development (IPUD), East: Vacant commercial lot, zoned Community Commercial (C-3), and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential (R-1AA), and Gateway Texaco - COUS 03-007 Page 2 Memorandum No. PZ 03-228 West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, farther west developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No 04-007 BACKGROUND Mr Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is requesting conditional use I major site plan modification approval in order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant is also proposing new parking spaces, new landscaping, and a general "make-over" of the exterior facades of the existing building and canopy However, the number of gasoline pump islands and fueling positions would remain unaltered The proposed building expansion is being considered for conditional use approval because gasoline dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this particular gas station is a legal non-conforming use because it is currently licensed as a fully functional, operating gas station, but does not meet the location criteria for gas stations as outlined by Chapter 2, Section 1l.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located only on parcels at intersections "consisting of roads of four (4) lanes or wider", Las Palmas is only two (2) lanes wide. In 2002, Mr Beril Kruger, acting on behalf of Mr Zuhair Marouf, expressed a desire to construct a building addition (for storage) to the existing gas station building, in part, to satisfy outstanding code enforcement violations. At the time, a drive aisle (direct access) was proposed between the subject lot and the lot directly to the east, which was previously earmarked for a mechanical car wash. The direct access was proposed in order to minimize vehicular traffic spilling onto Las Palmas Avenue. Mr Kruger's inquiries were based on the presumption that the proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only require site plan review However, after careful consideration, staff determined that the building addition would not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a gasoline dispensing establishment) Furthermore, in response to Mr Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas station building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted subsequent to site plan review However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the east. LOn July 31, 2002, Mr Kruger submitted a formal appeal of the staff's aforementioned administrative Gateway Texaco - COUS 03-007 Page 3 Memorandum No. PZ 03-228 determination. According to the applicant, "in, summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect- gasoline sales, which component can therefore be altered I expanded independent of the gasoline sales element of the business" Again, staff disagreed with the applicant's position However, the City Commission approved the applicant's appeal with the condition that the expansion would be limited to 600 square feet. On June 17, 2003, Mr Kruger submitted a request for conditional use I major site plan modification approval and its accompanying nine (9) variances for the construction of the building addition. Both staff and the CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City Commission approved their request for conditional use I major site plan modification and the accompanying variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Therefore, this submittal for major site plan modification and accompanying nine (9) variance requests represent the applicant's continuing effort to construct the building addition. Staff provides both an analysis and recommendation for each variance request in their respective staff report. If approved, the construction of the addition, parking lot, and fa~de improvements would occur in one (1) phase. It should be noted that the difference between this submittal and the original submittal as described above, is that the proposed car wash on the abutting lot (to the east) has been abandoned As such, the drive aisle that was to connect to the lot to the east has also been eliminated from the design The existing building in conjunction with the proposed expansion would equal 2,319 square feet (1,719 square feet plus 600 square feet) STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Community Redevelopment Agency and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable 1 Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access In case of fire or catastrophe. No driveway openings are being altered as a result of this major site plan modification. The site plan (sheet 1 of 4) shows that there are two existing (2) ''curb drops" on North Federal Highway Gateway Texaco - COUS 03-007 Page 4 Memorandum No. PZ 03-228 According to Chapter 2, Section 11.L.3.d. (1), driveway openings for gas-stations are required to be located at least 120 feet from the intersection of the right-of-way lines along streets of higher classification (North Federal Highway). According to the site plan, the northern ''curb-drop" is located 102 feet from the intersection of North Federal Highway and Las Palmas A venue. The southern "curb-drop" on North Federal Highway is located only 23 feet from the intersection of U.s. 1 and Las Palmas A venue. The proposed building addition is a major site plan modification and therefore, the entire site would have to comply with today's code. However, the applicant is not proposing to alter the driveway opening and is requesting a 97-foot variance (ZNCV 03-010) from the 120-foot requirement (see Exhibit "c" - Conditions of Approval). This single variance request would be applied to both non-conforming driveway openings. Staff supports this variance request (see Staff Report ZNCV 03-010). According to Chapter 2, Section 11.L.3.d. (3) of the Land Development Regulations, driveway openings shall not be located less than 30 feet from any interior property line. The northern driveway on North Federal Highway does not comply with this requirement because it is located only 21 feet away from the interior north side property line. Therefore, the applicant is requesting a 10-foot variance from this restriction (ZNCV 03-011). Staff supports this variance request (see Staff Report ZNCV 03-011). Also, the supplemental regulations for gas stations limit the number of driveway openings to one (1) per street frontage. The subject site has two (2) driveway openings on North Federal Highway The applicant is requesting a variance (ZNCV 03-012) from Chapter 2, Section 11.3.d(4) to allow for these two driveway openings. The Engineering Division reviewed the site plan and recommended that no closures should occur to any of the openings due to the proposed on-site traffic drculation and the completion of the Harbors townhouse project. Therefore, staff is recommending approval of this variance request to allow two (2) driveway openings (see Staff Report ZNCV 03-012). In any event, all three variance requests regarding the existing driveways would require review and approval by the City Commission. The site plan (sheet 1 of 4) shows an existing driveway opening is located on Las Palmas Avenue. This opening is currently located 32 feet from the intersection of the right-of-way lines and complies with the Land Development Regulations. No change is proposed to this opening. The sUlvey shows that there is no sidewalk along Las Palmas A venue. However, according to Chapter 6, Article Iv, Section 10. T of the Land Development Regulations, a sidewalk is required within this right-of-way A sidewalk would also be required within the right-of-way (of Las Palmas Avenue) in front of the abutting property to the east where the car wash is proposed (NWSP 03- 011). The site plan (sheet 1 of 4) shows the sidewalk but the civil engineering drawing does not At the time of permitting, the civil engineering plan shall show the sidewalk so that it matches the site plan (see Exhibit "c" - Conditions of Approval). 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The required parking has been tabulated based on a gasoline dispensing establishment use. The ratio utilized is one (1) space for each 250 square feet of the gross floor area. Based on this methodology, the proposed expansion, coupled with the floor area of the existing building would require 10 parking spaces. The requIred number of parking spaces needs to be accurately shown on the site plan (sheet 1 of 4) tabular data (see Exhibit ''C'' - Conditions of Approval). The site plan Gateway Texaco - COUS 03-007 Page 5 Memorandum No. PZ 03-228 shows that 12 parking spaces would be provided. The applicant intends to re-stripe the existing spaces and create three (3) more spaces at the northeast comer of the property The backup distance behind the newly created parking spaces would adhere to current dimension standards. However, one (1) of the existing parking spaces would encroach into the required 10-foot wide perimeter landscape buffer along the north property line and would therefore, require the approval of the accompanying variance request (ZNCV 03-017). 3 Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The sUlvey shows that the dumpster is currently located one foot from the south property line at the southeast comer of the property The site plan (sheet 1 of 4) shows that the dumpster would be moved five (5) feet away from the south property line and one (1) foot - eight (8) inches from the east property line. It would be located within a dumpster enclosure as per code. It should be noted that staff would prefer to have the location of the dumpster enclosure be away from highly visible areas such as near adjacent rights-of-way However, staff acknowledges that the current site layout (i.e. building, parking space, driveway openings) limits the number of choices for its relocation. The present location facilitates the efficient removal of trash and that this efficiency could be jeopardized if located elsewhere on the site. 4 Utilities, with reference to locations, availability, and compatibility Consistent with ComprehenSive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. 5 Screening, buffering and landscaping with reference to type, dimensions, and character The subject site had been previously developed as a gas station with related parking areas under former, less stringent standards for gas stations. Therefore, the existing landscape buffer areas are non-compliant. According to Chapter 2, Section 11.3.f(l) of the Land Development Regulations, a ten (10) foot wide landscape buffer is required along both North Federal Highway and Las Palmas A venue. The buffer is required to contain a tree every 30 feet A continuous row of hedges and flowering ground cover are also required. The intent is to screen the vehicular use areas from the public rights-of-way The landscape plan (sheet L-l) shows that no change is proposed to the driveways or parking areas. Basically, there is no landscape buffer along North Federal Highway Since la-foot wide landscape buffers are required along rights-of-way, the applicant is requesting a variance (ZNCV 03-016) from the code to have no landscape buffer along North Federal Highway and a five (5) foot wide landscape buffer along Las Palmas Avenue (see Exhibit "Cn - Conditions of Approvalj. As in the case with the driveway openings, since both landscape buffers are less than 10 feet in width, one (1) variance request would apply to both buffers. The justification lies in the fact that if a 10-foot variance were approved to allow for a zero (0) foot wide landscape buffer, then that same variance approval would nullify the need for a five (5) foot wide buffer Staff is recommending approval of the variance request due to the unavoidable site constraints (see Staff Report ZNCV 03- 016). However, staff is recommending approval with the stipulation that in the southern landscape buffer (along Las Palmas Avenue), the proposed row of Ixora 'Nora Grant' shrubs be 36 inches in height at the time of installation. Also, staff is recommending, where possible, additional screening be provided (i.e. planters) along North Federal Highway (see Exhibit "C" - Conditions of Approvalj. Gateway Texaco - COUS 03-007 Page 6 Memorandum No PZ 03-228 As always, the variance request would have to be reviewed and approved by the City Commission in order to allow for a deviation from the Land Development Regulations. According to Chapter 2, Section 11.L.3.f.(2), a landscape buffer 10 feet in width is required on along all interior property lines. The landscape plan (L-l) shows existing landscape buffers along the north and east property lines. However, the existing landscape buffer along the north property line is approximately one (1) feet - six (6) inches in width at its narrowest point (due to the existing parking spaces) and does not comply with the la-foot wide buffer requirement. Therefore, the applicant is requesting a variance (ZNCV 03-017) from the aforementioned Land Development Regulations to reduce the landscape buffer by eight (8) feet - six (6) inches in order to allow a one (1) foot - six (6) inch wide landscape buffer in lieu of the required la-foot wide landscape buffer The variance's justification and analysis is provided in the respective staff report. Staff supports this encroachment into the required north landscape buffer, in part, because the parking lot already exists. However, staff opposes allowing any new spaces / areas of vehicular encroachment Again, the variance request would have to be reviewed and approved by the City Commission. The north landscape buffer would contain Silver Buttonwood shade trees and Cabbage (booted) palm trees. Also, a row of Redtip Cocoplum hedges would be installed at the base of the trees. The east landscape buffer would contain Green Buttonwood and Pigeon Plum shade trees and Cabbage palm trees. Again, a row of Redtip Cocoplum hedges at the base and on the inside of the existing six (6) foot high concrete wall. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This conditional use application proposes wall signs on multiple facades. The elevation pages (sheets 3 and 4 of 4) show the existing wall signs with the proposed wall signage. The maximum allowable wall signage area would be based on the length of the front building fa~ade facing North Federal Highway According to Chapter 21, Article Ill, Section 2.C of the Land Development Regulations, the maximum area for all wall signs shall be one and one half (1 *) square feet of sign area for each one (1) foot of linear building frontage; The elevations do not indicate the proposed cumulative wall signage area. As proposed, it appears that the wall signage area would not comply with the maximum allowable signage area. Staffs goal is not to regulate the content of the sign but rather to ensure compliance with code and to maximize sign aesthetics thereby preventing project signage from degrading the development's appearance. In order to reduce the wall sign area and upgrade the overall appearance, staff recommends eliminating all non-word depictions (Shell's corporate logo which is a yellow and red seashell) that do not directly correspond with wording (see Exhibit "C" - Conditions of Approval). Chapter 21, Article Ill, Section 5 requires all freestanding signs to be located at least 10 feet from the property lines. Also, in this location, the freestanding sign is limited to eight (8) feet in height The existing pylon sign, which is no longer allowed by code, is currently located only five (5) feet from the property line and stands over 33 feet tall. Its on-site location is shown on the survey and site plan and its elevation is shown on the attached 8 * by ll-inch sheet The applicant is proposing to change the sign copy area to this non-conforming structure. The pole sign is non- conforming because it is not a "monument" style; it exceeds the height limitation and does not meet minimum setback requirements. The structure must be setback at least 10 feet from the property Gateway Texaco - COUS 03-007 Page 7 Memorandum No PZ 03-228 line(s). However, no existing sign area is shown on the attached sheet Therefore, it is unclear if the proposed signage area would comply with Chapter 21, Article Iv, Section 2.B of the Land Development Regulations. The code allows for a maximum of 64 square feet of sign area (see Exhibit "c" - Conditions of Approvalj. Since the structure is non-conforming due to it currently being located within the required setbacks, the applicant is requesting a five (5) foot variance (ZNCV 03- 023) to allow the sign to be located five (5) feet from the property line rather than 10 feet as normally required by code. In this instance, staff is recommending denial of the applicant's variance request (see Staff Report ZNCV 03-023). The structure can be removed, reduced in height, and relocated on the property so that it would still be highly visible from the rights-ot-way while complying with today's setback, height, and cross-visibility restrictions (see Exhibit "c" - Conditions of Approvalj. This improvement could be made without interfering with the operation of the business. The variance request would require City Commission review and approval. 7 Required setbacks and other open spaces. The existing building meets the setback requirements of the C-3 zoning district. However, the proposed building addition would not meet the rear setback requirements. The required rear setback is 20 feet The proposed building addition would encroach into the setback by 10 feet Therefore, the applicant is requesting a la-foot variance (ZNCV 03-013) from Chapter 2, Section 11.L.3.e.(3) to allow the addition to encroach into the required 20-foot rear setback. As previously mentioned in the Background section of this staff report, the City Commission approved the applicant's Administrative Appeal (ADAP 03-001) to allow a 600 square foot addition. The size of the proposed building addition (681 square feet) is not consistent with the previous City Commission approval (600 square feet). Staff is recommending denial of this variance request (see Staff Report ZNCV 03-013). The proposed addition should be configured or reduced to meet the setback requirements of the C-3 zoning district and therefore, avoid the need for a variance. Since this is a major site plan modification, all structures (including the canopy and fueling pumps) are required to meet setback requirements. The existing canopy over the gas pump islands does not meet the 20-foot setback requirement. The existing pump islands do not meet the 30-foot setback requirement. The applicant is not proposing any changes to the canopy structure other than cosmetic enhancements. Therefore, the applicant is requesting a 1 0- ~ foot variance (ZNCV 03-14) to allow the existing canopy to be located nine and one-half (9 -~) feet from the west property line instead of 20 feet as required by code (see Staff Report ZNCV 03-014). Also, the existing pump islands are located only 19 feet - 10 inches from the west property line. Therefore, the applicant is requesting a variance (ZNCV 03-015) to also allow the gas pump islands to be located closer to the west property line rather than the 30 feet required by code (see Exhibit "c" - Conditions of Approvalj. Again, staff is recommending approval of both variance requests. As always, they would require City Commission review and approval. 8. General compatibility with adjacent property and other property in the zoning district. The proposed use is a conditional use in the C-3 zoning district. Although auto-intensive in nature, the use is generally compatible with the use of the abutting property to the north. The property directly to the east is vacant and zoned C-3. This vacant lot was previously earmarked for a mechanical car wash (also originally rescinded similar to the subject request). The property south of Gateway Texaco - COUS 03-007 Page 8 Memorandum No. PZ 03-228 Las Palmas Avenue was previously zoned C-3, the same as the subject property However, it was rezoned from C-3 to Infill Planned Unit Development (IPUD) for the construction of over 50 fee- simple townhouses. Unless properly buffered, a gas station use could be incompatible with a residential use. Buffering would include extra landscaping or a buffer wall. Las Palmas Avenue and a proposed five (5) foot wide landscape buffer separate the existing gas station from the Harbors townhouse project. A gas station is a compatible use with other uses in the C-3 zoning district. The proposed building expansion (for extra storage area) would be compatible with both commercial and residential uses. The proposed building colors would be compatible with the existing and proposed buildings within the immediate area. The elevations indicate the proposed colors to be dark green (Benjamin Moore - Chrome Green), white (Benjamin Moore - Brilliant White), and gray (Benjamin Moore - San Antonio Gray). These are the corporate colors and are recognized nationwide. 9 Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable height for the C-3 zoning district is 45 feet The existing building was designed as a one (1)-story structure. The top of the existing canopy is 16 feet - nine (9) inches in height The elevations show that a ''custom clad metal framed decorative element" is proposed at 20 feet - six (6) inches in height The building and canopy are well below the maximum height limitation and are compatible with the surrounding properties. However, the non-conforming freestanding pole sign would be incompatible with all signs in the C-3 zoning district and neighboring properties. 10 Economic effects on adjacent and nearby properties, and the city as a whole. The existing gas station represents one (1) of three (3) licensed Shell stations throughout the City Of Boynton Beach. The ''Shell Branded Store" is located at 301 North Congress Avenue and the other Shell is located at 111 East Woolbright Road. The nearest gas station to the subject property would either be the Mobil gas station, located on the southwest comer of Gateway Boulevard and High Ridge Road or the Citgo gas station, located at the southwest comer of Boynton Beach Boulevard and Federal Highway Therefore, the subject gas station represents additional convenience and choice for the City residents, which is not offered elsewhere in this area of the city The applicant states that ''there are no detrimental economic effects on adjacent and nearby properties and the city as a whole" 11 Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part m Chapter 4 Site Plan Review) The existing use and site is non-conforming in many ways. If all requested variances are approved and all staff comments are addressed, the proposed project would comply with all requirements of applicable sections of the dty code. However, staff is recommending denial of two (2) of the nine (9) requested variances and that these aspects of the site be retrofitted to comply with dty regulations. Gateway Texaco - COUS 03-007 Page 9 Memorandum No PZ 03-228 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N of the Land Development Regulations, Chapter 2, also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein/ the proposed storage addition to the existing gas-station would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION The City Commission approved the applicant's Administrative Appeal (ADAP 03-001) to allow a 600 square foot storage addition to the existing gas station. The existing use (gas sales) and site is non- conforming The building addition represents a major site plan modification, which requires that the entire site be brought into compliance with current code. However, the applicant is only proposing to expand the building area to accommodate the extra storage area and has no intention of improving the remaining portion of the site to bring it into compliance with today's standards, which would also be cost prohibitive or even impossible due to site constraints. To remedy the situation, the applicant is requesting 9 variances that address the non-conforming aspects of the subject site. However, the proposed area of the addition is not consistent with the area that was conceptually approved by the City Commission Furthermore, the proposed expansion itself does not comply with the setback requirements of the C-3 zoning district. This is a situation where staff concurs with the applicant's justification for seven (7) of the nine (9) variances requested that are directly related to existing non-conforming aspects of the site. However, staff is recommending denial of two (2) of the nine (9) requested variances that specifically pertain to the new or proposed improvements (i.e. building addition, new sign area) that could, in staffs' opinion, be built to comply with the current code. Also, staff is recommending specific conditions be applied to two (2) of the other variance requests that specifically regard buffering the subject site from the adjacent properties (i.e. potted plants, if possible, along North Federal Highway) Therefore, based on the discussion herein, staff recommends approval of the project contingent upon satisfying all the conditions of approval Any additional conditions by the Community Redevelopment Agency or the City Commission would be placed in Exhibit "C" - Conditions of Approval. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit would be required for project development. Staff recommends a period of one (1) year be allowed to obtain a building permit (excluding permits for land clearing) ELJ S:\PlanninJlSHAREDlWP\PROJECTS\Gateway Shell tb Tcxaco\New SheII\COUS 03-007 (reviled 2004)'StaffRcport,doc .' ( Location Map Gateway Shell EXHIBIT "A" 1 f I r=~ i '~/ II- ~ ~ r "6 .--. r'~'--I ,1-- ] ~ I .. ~ ~ l' : I I I ) " - R3 ~Go .~~ ,.. .... - ..... t -...,. J R3 .. ...,. " ... \ ",... \ . ~ I , I I IPUD I j ~ · 1. 1..----\ I - ~/ I I I REC I :~~~@~ ~I 4 ;~l I , ...- I I I I I -' / I I REC I j I I I r "rp II I \'~ / l L,--(:::-f I W I I ._ I I I I ~v W~ c5- ~:./..k< 4.....~_ ~ tr~t ~~r. ~I '" l~~r '0 ttJ !" ~i -- ~ it~ <t I I I ~~ I ~~ . I ~.; i ~ R i'tl ~ .. III 'L' ..~~,... - '~ ... "-", : . IS . ~ ~~oo _O__Q t I, .....~ . '\.~o;--; ~ · ~~ ~ n"i~ h n- -''''M'' . ~ 't ~t't.. 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I ;'111 - I .1 I~ ~ II d- ; ~ I &, j ~ 11" ~ I il!P~ ~ . r- > Ii II ;. ~ I IJ) " > . ~ I r- .. ~ ' ,. > S~I IJ) > < I fT'l Z c: fT'l BIZ I i il Iii I i~ I ~ n > EXHIBIT "B" 3 I" II~I . I'I~ .. , III j III Ie; u . I Ii I I , I I , ~ ! I ~ > I ~n I ~. ~~ NOR T H 8 0 UNO ==:> I~ U S, HIGHWAY N O. 1 " > :;0 ^ z - '4G.Ocr "7irVr: ~I; JI ,~ ; 'I I i II I I I I 1I111i,ilill !jliljiil iiII II 111111 "U I~ I~ I!!IIIIII I I II Ii illi' Ii Ii I I 'I IIIR III 1-; II I II1II1 III! I J I ,I .1,111 J I Ii. i , . I . I !} ;II=! PfUlPll8ED AIXXT10N NfD AI. 'TERAT1OH 1'0: II II ':l S J:l J; ; I GATEWAY SHELL ...-- ~ i . ~ ..- I ! . ~ -- t! ~YtcNCllWNMCM~~ IRA ~.. U ---- :i 2 :i B a I ~ 23llO NORTH FEDERAL HIGHWAY F.iE . -.... BOYNTON BEACH, FLORIDA 33435 . :...~..,..-=~-...=.. 1II'Cft- &1lIl1l: iiliiln'lllllll!ijll! I ; R111U111r i III I. III; !, I I Ii !i11i11 I II;i III pIB~il; I I, ~I I 9~! I . I II B II ~ o~_ ~~ fit ;a~ -lilz . .. OG\ en..... a~ I '< - ~~ . ... ~~ ii ~~ ~ ~: t; Od I ~~ ~ z~ ~ ~ , !: ~ c ;; "I i i ~ i I' E 5 ! 'Z in'O i1I",e: ~~~ 5:.....'" f reio is "'>0 ,...~ '" ~~~ "l ;.. ~::!g~ ...~~ ~... alClll~cn ~ g oa 1.rT1Ff")a ::; -< =~ j!!.~TT1pJO III II:~ I:!i: i tiCl1~ .!!). c" !!: Ii ~.. ~8 ~i ~o Ii :;- ~!l ~ ;: o~ M .. i i .. a 18'"'" II~.. I ! ~ M !!! ! ! e ~ EXHIBIT "B" ~: ~;~ ...,1lI -i...G /. v . I ~~4 ~- ~;; 11~ln ;11 ~iU II~ I;~ I~! ill ~h ~Ql I~ UI II ilt II I~ I il I II , I I :I ; I ~ . I . I I I iU PllOPOlIBl ADDITION AND -.L1EIIATlON TO: Ii II :; J& ; I GATEWAY SHELL ...-- 5 .a ~ N I ;; I · ~I -- II ! _v_......_ftXACOI 1IIIA~...ft... ---- , I 23eO NORTH FEDERAL HIGHWAY --- t B 8 a BOYNTON BEACH. FLORIDA 33435 =:=::=:-.:v"-=~-":=' a=n- ..II:1II u! ~ S i I I~n'" ~ ~~ e i~ ~i = ~-I - en'" ....x g~ "'0 , - EXHIBIT "B" I ; Ii III II i I II ,I IiI II I I II [ij pili!' Iii I I~I I I I "" .~ ~ . lT1 W x 2f' _ n _ n I I~ !!j z @ "" :E 1/lli!ll~ lT1 = !!l = lT1 ! ~ ~ ~ S I II ::D r , I I ~ -c !ss S a lT1 r S i:; lT1 I ~ 6 z ~ liUII; b i~ II i IIII !I Iii IIII' II PI I IR i Ii I~ III il!, io II' ,il ill' II ;I! II illl I~ ~ ~ ~~~ I~i I II ill IIi ' Ii II! I I II I~ III I I I I ing~ PROP08ED AllDITlON AND AL'TmIA'I1ON 10: II II .. GATEWAY SHELL ..-- , I ."" I s; , ;; -- , _v_.............vnx.o<:o) IIIA~"'" P&. ---- --- t I il .' 23llO NORTH FEDERAL HIGHWAY IE BOYNTON BEACH. FLORIDA 33435 ::. 'Q':::'l'...-.n=;o:::...-.... ='=ft- .... . t 11 III~ In II :1 II III I~ i~ sllll' ~ I ~ I II I I 1111 ~ I I q . . . i t ! 1 '" ~ f'l Cl > 8 ::; J ~ i ~ ~ ~ ~ . t ~1II!l! '~n~ cell ti~...~1;l li~~ ii!~ ;~a I~~ Ij~ 11111 ;M! II ~h~~i i~ Iii al ih II I~ "'''' :>:IX 16m 0::1 ~~ ~!;! ClCl> Cl-t -'" ~'" ~!:C po", >r- r-'" -t$iO !:l::! ~~ 6,.. i z_ !l t + + II II I. !~ I' I' sl il I ~ f I~ .. ~ iiiiiiilp ~ ~ ~ ~ ; I Ii lIP D i D , I ~ CI> [;: >- Cl t ~ ~ !iI. ~ l!i~~ IEn a~lij al 1= I U i~!1 ii 111111 I; II~! I; !I! I Iii I n ! i III "'''' e:~ ~~ z >~ ~ffl (5", zt( n po", >r- ~s "'= ~~ _ z€ >: !l ..-oe&D ADDI'l1ON AND AL'IEIlI\11ON TO: GATEWAY SHELL --.v_.....__ 2a8O NORTH FEDEfW. H\QHWAY BOYNTON BEACH. FLOR\Dot.. 33435 Iii _~_.L fE c...==:-...-;a.:-::r..-..... _ EXHIBIT ''8'' I t . I g ::; i t J II n Illd~ I ;1 fIll t r 'III 1111' ,i UIII itl i IIil1q 1m II~I I' 13 .1 b I~ ;1 ~ - t ...---- -- ---- -..- 1Il'Cft- a... " ! t ~ p g - EXHIBIT "B" U s. ! __ (i,u 1;1 IJIl~S Iii ==:> 1'1,11 I- f-( I G H WAY N 0 I !IIIII ,I-Ii 9 i UIII ih ;11l~lld I I +-- ==:> NORTHBOUND ~ ~ ~ ;:II'll r- )> Ul "ll )> r- !l:: If )> Vl J )> < fTI Z C fTI ll' ( <Dr' : <Elf i ! . ! i i i - 2: . t; ~ II lim i ~ a. Ii ~ * IUi :1- !I: a , if jg' I BiHlit f 1III il J '" It 5' . ~ J: ~IUE)IIII ~ ~~n I - II- ~ a ~ c: ill t""4 ..... ~ '1 r I :a I&'i I i IFJi~Ji Jim t::t- - - It a- !t it I : I "' "' ~ "' ~ "'I.. It It llll., lllllll t;;......It:!.o:Ir. t ttlt~ t ADOtlKlH AND AL lIRA liONS TO: SIIs(., (., '1IIU~li-I;11i - ------ - 23llO NORTH FEDERAL HIGHWAY BOYTON BEACH. Fl.ORIOA 33435 Landscape Plan EXHBIT "C" Conditions of Approval Project name' Gateway Shell (fka Gateway Texaco) File number COUS 03-007 Reference 5th reView plans Identlfied as a ConditIOnal Use With a September 21, 2004 Plannmg and Zomng Department date stamp mark10g . II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments. None X PUBLIC WORKS - Traffic Comments. None X ENGINEERING DIVISION Comments. 1 Full dramage plans, 10cludmg dra10age calculations, 10 accordance WIth the X LDR, Chapter 6, ArtIcle IV, Section 5 will be reqUIred at the time of permitt1Og. 2. Pav1Og, Dra10age and site details will not be reViewed for constructIOn X acceptabilIty at thIS time. All eng10eenng constructIOn details shall be in accordance With the applicable CIty of Boynton Beach Standard Draw10gs and the "Eng1Oeenng DeSIgn Handbook and Construction Standards" and will be reViewed at the time of constructIOn perrmt applIcatIOn. UTILITIES Comments. 3 UtilIty constructIOn details will not be reViewed for construction acceptability X at thIS time. All utility construction details shall be 10 accordance With the Utilities Department's "UtilItIes Engineenng Design Handbook and Construction Standards" manual (includ1Og any updates); they will be reVIewed at the tIme of construction permIt applicatIOn. FIRE Comments None X POLICE COA 10/20/04 2 DEPARTMENTS INCLUDE REJECT Comments None X BUILDING DIVISION Comments. 4 Build1Ogs, structures and parts thereof shall be deSIgned to WIthstand the X mimmum w10d loads of 140 mph. Wind forces on every build10g or structure shall be deterrmned by the prOVisIons of ASCE 7, Chapter 6, and the prOVlSlons of 2001 FBC, SectIOn 1606 (Wind Loads). CalculatIOns that are SIgned and sealed by a deSIgn profeSSIOnal registered 10 the state of Flonda shall be submitted for reVIew at the time ofperrmt applIcatIOn. 5 At time of perrmt reView, submit signed and sealed work1Og drawings of the X proposed constructIOn. 6 A water-use permit from SFWMD IS reqUIred for an lITigatIOn system that X utilIzes water from a well or body of water as ItS source. A copy of the perrmt shall be submItted at the time ofperrmt application, F S. 373.216 7 If capItal facility fees (water and sewer) are paId in advance to the City of X Boynton Beach UtilIties Department, the follow1Og 1OformatIOn shall be proVided at the time ofbuildmg permit applicatIOn. a. The full name of the proJect as It appears on the Development Order and the COmmlssIOn-approved site plan. b The total amount paid and Itermzed mto how much IS for water and how much IS for sewer (CBBCO, Chapter 26, ArtIcle II, SectIons 26-34) 8 At time of perrmt review, subrmt separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownershIp 10 the CIty computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be subrmtted at time of permit review 9 Pursuant to approval by the CIty COmmlSSIOn and all other outSIde agenCIes, X the plans for thIS proJect must be submItted to the Building Division for reVIew at the time of permIt applIcatIOn subrmttal. The plans must mcorporate all the condItions of approval as lIsted 10 the development order and approved by the CIty CommISSIOn. 10 The full address of the proJect shall be subrmtted WIth the constructIOn X documents at the time of perrmt applIcatIOn submittal. If the project IS multi- family, then all addresses for the partIcular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the bUIldmg perrmt applIcatIOn at the time of application submittal. COA 10/20/04 3 . II DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments. None X FORESTER/ENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments. 11 ThIS project reqUires condItional use approval. If approved, pursuant to X Chapter 2 - Zonmg, SectIon 11.2 CondItIonal Uses, staff recommends a one (1) year tIme lIrmt for proJect development. 12. If approved, the proposed building additIOn would be limIted to 600 square X feet 10 order to be consIstent With the preVIOUS City CommiSSIOn approval of the Admimstrative Appeal (ADAP 03-001). 13 A traffic impact statement was sent to the Palm Beach County Traffic X DIVISIOn to ensure that the building additIon meets the Traffic Performance Standards of Palm Beach County The Traffic DiVision must approve the statement pnor to the issuance of any build1O~ permIts. 14 No dnveway shall be located less than 120 feet from the intersectmg nght-of- X way lines of pubhc streets (Chapter 2, SectIon 1l.L.3 d.(l). Dnveway shall be located no less than 30 feet from any 1Oterior property hne from the 1OtersectIOn of the nght-of-way lInes along local streets and 180 feet along streets of hIgher classification such aU S 1 (Chapter 23, ArtIcle II.H.3). The eXIst10g dnveway opemng on U S 1 is 23 feet from the intersectIOn of nght- of-way l10es and therefore, a VarIance of 97 feet would be reqUired. Approval of the proposed build10g addItion is contingent upon the grant10g of the requested dnveway VarIance (ZNCV 03-010). If approved, thIS variance must be Indicated 10 the SIte plan's tabular data. 15 Driveways shall be located no less than 30 feet from the any mtenor property X hne (Chapter 2, SectIOn 11.L.3 d(3)). The SIte plan shows the exist10g dnveway opemng IS 20 feet from the north property hne. Therefore, a vanance of 10 feet would be requIred. In summary, approval of the proposed build10g addItion is contingent upon the grant10g of the requested dnveway variance (ZNCV 03-011). If approved, this vanance must be 10dicated in the SIte plan's tabular data. COA 10/20/04 4 DEPARTMENTS 16 Only one (1) driveway IS allowed per street frontage (Chapter 2, Section l1.L3 d.(4)). The sIte plan shows that there are two (2) eXIst10g dnveway opemngs on U.S 1 Therefore, a vanance would be reqUIred to allow two (2) dnveways along the street frontage for an eXIst10g gas statIOn busmess. Approval of the proposed build10g addItion IS cont1Ogent upon the grantmg of the requested dnveway variance (ZNCV 03-012) If approved, thIS variance must be 10dIcated 10 the SIte plan's tabular data. INCLUDE X 17 The proposed build10g addItion encroaches 10 feet mto the reqUIred 20-foot X rear setback. Therefore, a VarIance of 10 feet would be reqUIred for an addition to an existing gas statIOn. Approval of the proposed buIlding addition IS cont1Ogent upon the grantmg of the requested build10g setback VarIance (ZNCV 03-013). If approved, thIS vanance must be indIcated in the SIte plan's tabular data. 18 Canopies for gas stations reqUIre a 20-foot setback. The SIte plan shows the X existing canopy IS nine (9) feet - SIX (6) 10ches from the west property lIne. Therefore, a vanance of 10 feet - six (6) mches IS reqUIred for the eXIstmg canopy of the gas statIOn. Approval of the proposed build10g addItion IS cont1Ogent upon the granting of the requested canopy setback vanance (ZNCV 03-014). If approved, thIS note must be 10dIcated 10 the SIte plan's tabular data. 19 Gasoline pump Islands shall be setback 30 feet from the property lIne. The X SIte plan shows an eXIstmg gas pump Island IS located 19 8 feet from the west property lIne Therefore, a variance of 10.2 feet is reqUIred for the gasoline pump Island to an eXIstmg gas statIOn. Approval of the proposed build10g addItion IS cont1Ogent upon the granting of the requested canopy setback variance (ZNCV 03-015). If approved, thIS note must be mdlCated m the SIte plan's tabular data. 20 Gas statIOns reqUIre a 1O-foot Wide perimeter landscape buffer adJacent to X nghts-of-way (Chapter 2, Section 11.L3.f.(1)). The SIte plan shows that no landscape buffer at the northwest comer of the property of the eXIsting parking lot. Therefore, a variance of 10 feet IS required for the park10g lot of the exist10g gas station. Approval of the proposed building addItion IS cont1Ogent upon the grantmg of the requested buffer vanance (ZNCV 03- 016). If approved, thIS note must be indIcated in the SIte plan's tabular data. Also, staff recommends that the Ixora "Nora Grant" shrubs be 36 inches 10 heIght at the time of installation withm the landscape buffer along Las Palmas Avenue and where possible, additIOnal screenmg (such as planter pots or box planters) shall be provided along North Federal Highway 21 Gas stations reqUIre a 10-foot Wide landscape buffer along 1Otenor property X lInes. The SIte plan shows a landscape buffer of one (1) foot - SIX (6) 10ches along the north property line. Therefore, a variance of eight (8) feet - SIX (6) REJECT COA 10/20/04 5 . . DEPARTMENTS INCLUDE REJECT 10ches is required for the parking lot of an eXIst10g gas station. Approval of the proposed build10g additIOn IS cont1Ogent upon the grantmg of the requested buffer variance (ZNCV 03-017). If approved, thIS note must be 10dIcated 10 the SIte plan's tabular data. 22. The survey shows the eXIsting monument sign IS setback only five (5) feet X from the west property lIne. All outdoor freestandmg monument SIgnS must be setback at least 10 feet from the property lIne. Therefore, a vanance of five (5) feet IS reqUIred for the pylon SIgn of an exist10g gas staTIon. Approval of the proposed build10g addItion IS cont1Ogent upon the granting of the requested SIgn vanance (ZNCV 03-023). If approved, thIS VarIance must be indicated 10 the SIte plan's tabular data. 23 At the time of permitt1Og, show the SIdewalk on the CIvil eng10eering plans so X that It matches the SIte plan. 24 The detail of the monument SIgn should 10dIcate the extenor fimsh, sIgnage X area (expressed 10 square feet), and colors (Chapter 21, Article IV, Section 2.B ). The code allows for a maxImum of 64 square feet of SIgn area. 25 All project sIgnage IS subject to reVIew and approval of the Commumty X Redevelopment Agency and CIty CommissIon. As proposed, It appears that the wall signage area would not comply With the maximum allowable sIgnage area pursuant to Chapter 21, ArtIcle 4, SectIon C.3 In order to reduce the wall SIgn area and upgrade the overall appearance, staff recommends elllmnat10g all non-word depiCTIons (Shell's corporate logo whIch IS a yellow 1 red seashell) on the wall SIgnS that do not dlfectly correspond WIth word1Og. Non-word depiCTIons on SIgnS shall be limited to 20% of the area of the SIgn erected. Color 11lmtatIOn shall not apply to non-word depictions on signs (Chapter 9, Section 10.1.4 ) 26 ThIS proJect reqUIres a total of 10 parking spaces (1,719 square feet + 681 X square feet @ 1/250 = 10 spaces) and should be 10dlCated as such on the SIte plan tabular data. 27 The eXIsting wall must be refurbIshed (in those areas of ItS decay) and X repa10ted to match the color(s) of the Gateway Shell build1Og. 28 PrOVIde pa10t swatches for the elevatIOns (Chapter 4, SeCTIon 7.D). X 29 Ensure that all the proposed plant quanTITIes correspond between what is X shown on the graphic illustratIOn and its correspond1Og plan lIst on sheet "L-1 30 FIfty percent (50%) of SIte landscape matenals must be native species. X IndIcate the amount of naTIve matenal 10 the plant lIst of the landscape plan (Chapter 7 5, ArtIcle II, Section 5.P). Please indicate by asterisk, the native COA 10/20/04 6 , . DEPARTMENTS INCLUDE REJECT specIes and ensure that at least 50% of landscape matenal is native. The categones shall be as follows Shade trees, palm trees, shrubs & groundcover 31 The base of the exist10g pylon SIgn must be enhanced With colorful X groundcover plans and a m10imum of two (2) shrub specIes all selected for entrance compatibility (Chapter 7.5, Article II, Section 50 ). 32. Rooftops wIll be treated as part of the building elevatIOn. All rooftop X eqUIpment must be completely screened from View at a mimmum dIstance of 600 feet (Chapter 9, SectIOn 11.E.). 33 On the elevatIOns (sheet 3 of 4), ehminate the BenJamm Moore color "Rubino X Red" because It will not be used on the bUlld10g or SIgnS. Also, substitute "Chrome Green Lt" With "Kunnebunkport Green" and correctly Identify "Chrome Green Dk" as "Chrome Green" Finally, elllrunate "Chrome Yellow Brt" and prOVIde a color swatch of Shell's yellow color ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS Comments. 34 None X ADDITIONAL CITY COMMMISSION COMMENTS Comments. 35 On condItion #14, second sentence should read "Dnveway shall be located no X less than 30 feet from the 1Otersechon of the right-of-way lines along local streets and 180 feet along streets of hIgher classificatIOn such as U S I (Chapter 23, Article II.H.3)" 36 CorrectIOn on language for conditIOn #22, first sentence, WhICh should read X Pylon sign and not monument SIgn. MWRlelj S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\COUS 03-007 (revised 2004)\COA.doc DEVELOPIV'~T ORDER OF THE CITY COMMI 10N OF THE ~I fY OF BOYNTON BEACH, FLORIDA PROJECT NAME Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT Mr Beril Kruger I Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION October 19,2004 TYPE OF RELIEF SOUGHT Request conditional use I major site plan modification approval to construct a 681 square foot building addition to an existing 1,719 square foot gasoline-dispensing establishment for a total of 2,400 square feet on a 0 48-acre lot in the C-3 zoning district. LOCATION OF PROPERTY 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING{S) SEE EXHIBIT liB" ATTACHED HERETO X TH IS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, 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 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 "C" 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' City Clerk S:\Planning\SHARED\WP\PROJECTS\Gateway Shell1ka Texaco\New Shell\COUS 03-007 (revised 2004)\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated Initiating department must prepare Agenda Item Request Form Submit original agenda request (with back up) and one CODY of agenda request (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below Incomplete or late items will be returned to originating department. Deadline for Submittal to City P Be. D/CRA Requests Deadline Clerk's Office Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 4 2004 October 19 2004 November 3 2004 November 16 2004 Departments are responsible for securing the following si natures on attached A enda Ruest Form De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds Exhibit "A' Please do not write in the shaded area below Legal Departrherttsi9na~re Q1 trEMREruRNe.DFGRTFlE?FdtCOWING ;R~O~(SJ. ?i9n.a,tu~($)",mis~irtg[J Ihcq",pJete, 5UbmJ~1 fJJ Mi$$etil OE!aatine ' .[II' OtherCl Reason: ~ a';~~lI\qJ~rs;$tg~attlre Q Person .contacted to pickLip;reje~dreql;lest by , bg - 7/19/02 S:\P1anning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 Nov 16, 2004.doc , on 'i(OateD Meeting Minutes Regular City COmmission Meeting Bovnton Beach. Florida October 21. 2003 E.l Gateway Texaco (ZNCV 03-010 thru 03-012), 2360 North Federal Highway - Request for relief from the Oty of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the Intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the Intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any Interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to 1 per street frontage to allow 2 driveways along the street frontage for an existing gas station business E.2. Gateway Texaco (ZNCV 03-013), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L3.e.(3) requiring a 20-foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station E.3. Gateway Texaco (ZNCV 03-014 and 03-015), 2360 North Federal Highway - Request for relief from the Oty of Boynton Beach Land Development Regulations, Chapter 2, Zoning, SectIon 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.S-foot variance, resulting In a distance of 9.S feet for an existing canopy for a gas station business; and Request for relief from the Oty of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump Island shall be located less than 30 feet from any property line to allow a IO.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump Island for a gas station business EA. Gateway Texaco (ZNCV 03-016 and 03-017), 2360 North Federal Highway - Request for relief from the Oty of Boynton Beach Land Development Regulations, Chapter 2, Zoning, SectIon 11, Supplemental 10 Meeting Minutes Regular City COmmission Meeting Boynton Beach. Florida October 21. 2003 Regulations L.3.f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include 1 tree 10 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, SUpplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business E.5. Gateway Texaco (ZNCV 03-023), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, ArtIcle III. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business E.6. Marouf's Car Wash (NWSP 03-011), 2360 North Federal Highway- Request for new site plan approval for a 1,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district City Attorney Cherof informed the Commission that they could hear all six of the Texaco items together but each matter would have to be voted on separately He swore In everyone who would be testifying and explained that all documents that are part of this meeting and those documents from the CRA meeting are part of the proceedings. He asked anyone with spedal qualifications to state those qualifications. Mike Rumpf, Planning & Zoning Director, explained that the variances pulled from the consent agenda are all in conjunction with a major site plan modification or an amendment to an existing conditional use, which is a gas station located at 2360 N Federal Highway The conditional use is for the expansion of an existing gas station/retail store for storage purposes. The gas station is a conditional use by the Oty's zoning regulations for the C-3 zoning district. It is also a non-conforming use and, by code, has limitations on how it can be expanded or modified. Through an approval of an appeal filed by the property owner last year, the Commission deemed the proposed expansion part of the retail function and separate from the non-conforming gas sales element of the business. As part of the review of this project, staff Identified numerous non-conforming aspects of the site, in addition to the use itself These are covered in a summary distributed to the Commission. A copy of this summary is on file In the Offlce of the City aerk. In the first variance, the code sets limitations on the number of driveways permitted at a gas station and the minimum distance the driveways need to be separated from the intersection. 11 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 There are two driveways located on the west boundary and one compliant driveway on the south The variance would cover the minimum distance that Is required as well as the number of driveways. Staff recommends approval of both variances due to the difficulty in eliminating them without Interfering with necessary circulation The CRA voted In favor of them also. The second variance Is for the rear setback. The proposed expansion is on the rear The rear setback for this project Is 20 feet. Due to the existence of equipment along the back of the building, the proposed building would have a 10-foot setback. Staff opposes this variance due to the lack of hardship since there is space to place the expansion adjacent to the building. The next two variances deal with minimum setbacks for canopies over the gas pump Islands as well as the setbacks for the fueling pumps. To move them would eliminate the pumps, which could significantly Impact the business. The code requires a 10-foot wide landscaping buffer along street frontages as well as interior lot lines. This cannot be accommodated along the western (front) side. Staff supports this variance. This Is being accommodated on the south side where there is enough property Commissioner Weiland felt that buffering from the neighborhood should be looked at closely on both the east and south sides. He would like to see the area densely planted Mr Rumpf explained that if one parking space were removed per staff's recommendation, the need for the landscape variance In the rear would be eliminated There is a surplus of parking spaces. The existing site sign on the southwest corner of the site is approximately 5 feet from the nearest property line. There is enough room to move the structure to be in compliance with the lo-foot setback and still be visible Sandra Bailey, 644 Las Palmas Park, said she has lived there for 31 years. She did not feel that the addition of The Harbors townhomes was taken into consideration. She requested a traffic study taking these new residents into account. The traffic at Las Palmas Park and Federal Highway will be increased tremendously since the aty deleted the entrance and exit to the Harbors on Federal Highway Both the Texaco lot and the lot for the proposed car wash are already non-conforming and are not to be joined. Allowing a driveway to connect them Is, In essence, joining them. She Implored the Commission to take the residents' concerns and safety Into consideration. David Teltsma, 656 Las Palmas Park, felt that the area was too small for any additional traffic. He had concerns regarding accidents and more police calls for security Hope DeLong, 707 Presidential Drive, was disheartened that the neighbors' concerns were not taken Into consideration. She said that she and her husband could not leave their property between 7 and 9 a.m and between 5 and 7 p.m because of the traffic. She felt that this project would affect their property values. There is also a flooding Issue between Las Palmas Park and Lakeside Harbor Drive and no one from the aty has addressed this. She was also concerned regarding security because people from the gas station circle their cul-de-sac. 12 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 Carol Muchel, 637 Las palmas Park, said that going south on Federal Highway at Gateway Boulevard, people see a traffic disaster and that was not a good first Impression of the City The Texaco Gas Station Is non-conforming and sells gas, bait, beer, milk, knives and pornographic material. It is a mini-super store on a tiny lot. There are problems at another car wash not far away and the same problems could occur here. When beer trucks are parked in one of the two lanes, there is not much space left for the residents. She felt that if the Texaco Station was going to have another business, they should have to put in an additional traffic lane. She requested that the Commission take into consideration the fact that children live at the end of the street and that none of the residents want to look at a car wash. Robert Muchel, Las Palmas Park, said that there are problems with the retention system for the sludge from the car wash. Another consideration is how to regulate the directional flow of traffic. He felt that the traffic study is flawed and does not take into consideration whether traffic Is coming in or out of the gas station. This project will increase intensity There is a safety issue, not just for the homeowners but also for other citizens who use Intracoastal Park. He felt that this was encroachment of a commercial property into residential areas. He requested that the Commission deny the requests. Julie Szymkowski, 655 Las Palmas Park, has lived there for 31 years. She was also speaking for two other long-term residents. The residents are asking for denial of the requests. She felt that the Oty regulations were for the safety of the residents and guests. Gateway Texaco sells food, beer and lottery tickets In addition to gas. There is heavy traffic at the site and a risk for serious injuries. The perimeter road around the proposed car wash is essentially a turn-around for cars and trucks and they exit on a platted 50-foot road, Las Palmas. She requested that the Commission consider safety factors of increasing the number of variances on an already non-conforming property Sally Dalton, 650 Las Palmas, said that she witnessed two little girls on bikes coming out of the gas station going to Intracoastal Park. She was concerned for their safety The traffic is too intense for more of the same. Berit Kruger, representing the petitioner, said that this project would not increase traffic. It was only to construct a storage building. At one time there was a trailer parked in the rear to store sodas and Code Compliance cited it. The storage building might decrease the need for many of the deliveries. He explained that this building Is not causing flooding. That is a City problem. The EPA regulates that every car wash must recycle Its water and, therefore, it does not go out into the street or into the sewer Mr Kruger said If the sign Is moved 10 feet east, when the trees are installed at the development to the south, the sign would not be seen. There Is also the cost of moving this large sign. The eRA recommended that the sign remain where it Is. He explained that the reason they were requesting the rear setback variance for the building was because there is equipment behind the building. It Is very expensive to move this equipment for the refrigeration units and air conditioning units. They would prefer to leave the 13 Meeting Minutes Regular City Commission Meeting povnton Beach. florida OCtober 21. 2003 equipment where It Is and it is blocked on three sides by buildings and there is a wall on the north side. Mr Kruger said that the one parking space had already been eliminated so the applicant will not encroach into the rear buffer Oty Attorney Cherof reminded the Commission that under the City code there Is an element of hardship that is required to be established. The concept of hardship under law Is "An applicant who seeks a variance must demonstrate a unique hardship In order to qualify for a variance. It has been held that a hardship may not be found unless no reasonable use can be made of the property without the variance." In taking into consideration the element of whether a variance should be granted or not, the Issue of hardship must be taken Into consideration. The fact that there Is a business ongoing on the property makes It clear that there Is a use of the property under the current zoning code, although it Is non-conforming. Therefore, it would be difficult to establish that a hardship Is necessary to use the property in any reasonable manner Mr Kruger explained that originally they were not asking for any variances. When they came in for a major site plan approval, staff asked that they apply for variances. Commissioner McCray asked whether there was a traffic study performed when The Harbors went In. Mr Rumpf replied that there was. Mayor Broening felt that the City Commission must judge what good could be done against what harm could be done. The owner is willing to put money into improving his business. Everything along Federal Highway is zoned commercial and it must be realized that it will always be there. He did not believe it compromises the quality of life if we insist on high standards of design and good traffic management. He was not convinced that there Is any harm done and felt that a valuable community service was provided. Mayor Broening asked for a motion. E.1 Gateway Texaco (ZNCV 03-010 thru 03-012) - Driveways Motion Vice Mayor Ferguson moved to approve item E.1 Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting E.2. Gateway Texaco (ZNCV 03-013) - Rear setback Mayor Broenlng commented that the CRA denied this request. He said that this Is for the 600- square foot building Commissioner Weiland asked what the height of the addition was. Mr Kruger replied It was the same height as the gas station Commissioner Weiland said he was a proponent for allowing variances to encroach into setbacks to enable people to do modifications. However, it should not affect other people. The 14 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida October 21. 2003 applicant is requesting to plant 10 to 1S-foot trees. If the trees were 15 feet tall, they would block the roofllne of the building from the neighborhoods to the south and east. Mr Kruger said there would be enough trees In the back to block the building from being seen Commissioner Weiland wanted to ensure that this would happen because the landscape buffer has a lot to do with his vote on the rear setback variance. Mr Kruger asked whether an average of 14 feet would be satisfactory Commissioner Weiland was agreeable. Motion Vice Mayor Ferguson moved to approve item E.2. Commissioner Weiland seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. E.3. Gateway Texaco (ZNCV 03-014 and 03-015) - Canopy/pump island Motion Vice Mayor Ferguson moved to approve item E.3. The motion was seconded by Commissioner McKoy and carried 4 to 1 with Commissioner McCray dissenting. E.4 Gateway Texaco (ZNCV 03-016 and 03-017) - Landscape buffer City Manager Bressner explained that the discussion earlier concerned the area behind the building between the building and the car wash Commissioner Weiland said he was concerned regarding the view from the east or south He did not object to the variance as long as there was density and height. Mr Kruger agreed Oty Attorney Cherof noted that it would be necessary to include that as a condition of approval to the development order Mr Rumpf clarified that the condition referred to was the one described for 03-013, increasing the tree specIfications at time of planting to 14 feet. Commissioner Weiland added "and the 24 inch hedge material" Mr. Rumpf explained that ZNCV 03-016 is for the western (front) buffer There is no pervious space to plant anything. Motion Vice Mayor Ferguson moved to approve item E.4 Commissioner Weiland seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida OCtober 21. 2003 E.5. Gateway Texaco (ZNCV 03-023) - Sign Motion Vice Mayor Ferguson moved to approve item E.5 Motion was seconded by Commissioner Weiland and carried 4 to 1 with Commissioner McCray dissenting. E.6. Marouf's Car Wash (NWSP 03-011) - Site plan Motion Commissioner Weiland moved to approve item E.6. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting (A comment card on the following item was overlooked previously in the meeting.) B.1 Award the "ANNUAL SUPPLY OF POLYPHOSPAHTE 1YPE CORROSION INHIBITORS," Bid #072-2821-03/JA, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 Robert Johnston, 7064 Thompson Road, Boynton Beach, explained that Sweetwater Technologies was one of five bidders. Mr Johnston works for Calciquest, Inc., who was also a bidder He felt that Sweetwater did not meet all of the bid specifications, most Importantly, that the bidder must have specific references detailing different types of water treatment. Sweetwater listed in their reference section five membrane softening references. Of those five, four are not membrane softening references. He felt that the aty had been misled on their references. Mr Johnston offered to provide the telephone numbers for Sweetwater's references. Mr Johnston also said that Sweetwater has been terminated from doing business with Collier County, Rorida. They were terminated for delays In shipment, the method of shipment was different than what was called for in the bid, the invoices submitted for payment showed a larger amount of chemical was delivered than was actually received at the water plant and the test results in the water treatment system showed that their product did not meet the Collier County specifications. Boynton Beach specifications request on-site technical support. The technical support from Sweetwater would be from one of their representatives and he did not know where they would be from. Calciquest was the only other responsible, responsive bidder to meet all of the spedfications. He lives In Boynton Beach and could be on site in five minutes. City Manager Bressner asked whether Mr Johnston has had conversations with Bill Atkins, Purchasing Director, regarding the Issues raised tonight. Mr Johnston explained that he did speak with Mr Atkins who informed him that Caldquest was $14,000 higher than Sweetwater Mr Johnston submitted an exhibit that is on file In the Office of the Oty Clerk. 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 Since a representative from Sweetwater Technologies was not present, Mayor Broening suggested that the Commission consider a motion to reconsider this item and ask staff for an analysis. Motion Commissioner McCray moved to reconsider CommIssioner McKoy seconded the motion that carried unanimously Motion Commissioner McCray moved to table the item Vice Mayor Ferguson seconded the motion that carried unanimously E.7 Sunbelt Hydraulics (SPTE 03-003), Lot 9, West Industrial Avenue - Request for a 1 year sIte plan time extension for a 1-story, 12,480 square foot industrial building with related parking for a business that services truck bodies on a 1.44-acre parcel In the M-1 zoning district Motion Commissioner McCray moved to approve. Motion was seconded by Vice Mayor Ferguson and carried unanimously K. Approve summary change order for Intracoastal Park project to DiPompeo Construction Corporation in the amount of $135,065.53, thus making the final contract cost not to exceed $2,044,065,53, which is below the project budget amount of $2,060,000. This change order yields a 7 1 % increase to the project cost, which is less than a standard contingency of 10% that is normally used for City capital projects. Thus, the cost savings on this project, compared to a standard 10% contingency, is 2.9% or $74,451 Commissioner McCray announced that there was a savings of $74,451 or 2.9% on this project. Motion Commissioner McCray moved to approve. Commissioner McKoy seconded the motion that carried unanimously VI. CODE COMPUANCE . LEGAL SEnLEMENTS: None VII. PUBUC AUDIENCE: INDMDUAL SPEAKERS WILL BE UMnED TO 3-MINUTE PRESENTATIONS Brian Edwards, 629 HE 9th Avenue, thanked aty staff for clarifying what was happening regarding the Sea View Trailer Park property as It pertains to a recent proposal to possibly build hi-rise condominiums at that location. Speaking as a private citizen who lives within INCA, he did not want to dabble into any property owner's business In terms of what they sell or buy their property for However, he stands by his neighbors as dearly stating that they do not want 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida October 21. 2003 hi-rises in their neighborhoods and they will not tolerate having them He would like to hear someone go on record as saying It will never happen. Mr Edwards thanked Mayor Broening and Commissioner Weiland for all the service they gave to the City Herb Suss gave the City Clerk, the Clerk's Office and the Golf Course five stars. He feft that Mayor Broening was the best Mayor he had known in the Oty and asked him to stay Involved. He also acknowledged that Mayor Broening's wife, Delores, was the best. Mr Suss recognized that the District 1 Commissioner had tried and he wished him God speed. David Katz, 67 Midwood Lane, felt that because of the current Mayor's lack of leadership, the Oty suffered during his term of office. The Mayor made a political appointment, not a quality appointment, to the CRA Board and then pushed to have that person become Chair of the CRA. He advocated the need for the rezoning of much of the Oty's light industrial land, thus allowing the construction of high-density rental apartments in those areas. The increased traffic and burden on the water supply that these rezonings will cause should alarm all the residents. He failed to address the need for additional police officers. He championed increased taxes on the residents of Boynton Beach by having an unfair and possibly illegal fire assessment. Shirley Jaskiewicz, 1917 SW 13th Avenue, reminded the Commission that they were the recipients of a previous Commission's four years of hard work regarding the redevelopment of the City There was a lot of community and staff involvement and that is what made it all possible. During her administration, they arranged for a consortium to attract builders and find out how they could rehabilitate the Heart of Boynton area. They had two suggestions - start the acquisition of parcels of land and rid the area of drugs. Herman Rice from the federally sponsored program came in for an intensive eight-hour workshop. Ms. Jaskiewicz regretted that the community policing that was put in place could not be implemented further She thanked the Commission for their service. Harry Woodworth, 685 HE 15th Place, recently learned that the Sea View Trailer Park was for sale. He said that he would not repeat what Mr Edwards said about not wanting hi-rises. The 20 people on his street feel the same way He would like to know how the Commission feels about Infill planned unit development in low density residential areas. Mayor Broening said he does not have to rely on the Commission because he is protected by ordinance and zoning Ron Washam, 112 S. Atlantic Drive, W., was also disturbed to hear that the Sea View Trailer Park was going to be seven-story condominiums. He has learned that this was not true. He said that the Mayor Is correct in that the ordinances do take care of the citizens. Bob Ensler, 26 Woods Lane, thanked Vice Mayor Ferguson for his efforts over the last three years. He also thanked the Mayor for his support. Mr Ensler felt that Commissioner Weiland worked very hard over the last four years. 18 Meeting Minutes Regular City Commission Meeting BoYnton Beach. Florida OCtober 21. 2003 VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner' Location: Description: This item remained postponed B. Project: Agent: Owner' Location Description LA. Fitness (AlAN 03-010) (Applicant requests postponement until :1:1/5/03) Derek Vander Ploeg, Vander Ploeg & Associates, Inc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement Gateway Texaco (CaUS 03-007) Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a O.48-acre parcel in a C-3 zoning district Mayor Broening noted that this is now a 600-square foot addition Motion Vice Mayor Ferguson moved to approve. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner McCray dissenting. IX. CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabled on 5/20/03) City Manager Bressner announced that this item may be ready by the next Oty Commission meeting. City Attorney Cherof said that he has a pre-conference meeting tomorrow with their attorney X. FUTURE AGENDA nEMS: A. Proposed Ordinance regarding granting to Florida Power & Ught Company an electric franchise agreement for the period of thirty years from the date of acceptance B. Proposed modification to the Land Development Regulations regarding rear yard setbacks C. Follow-up Meeting with CRA on Development Issues (November 2003) 19 Meeting Minutes Regular City Commission Meeting Boynton Beach. florida October 21. 2003 D Workshop regarding City Hall/Public Safety Space Needs Report (November 18, 2003) E. High School Task Force Report (December 2, 2003) F Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West. Into Little League Park (December 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) H. Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 I. Discussion regarding proposed off-premise sign at Texaco Station (Tabled on 8/5/03) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1 Proposed Ordinance No. 03-055 Re: Authorizing the abandonment of a portion of the road right of way for N. W 3rd Court (First Baptist. Church) Oty Attorney Cherof read Proposed Ordinance No. 03-055 by title only Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-055. Motion was seconded by Commissioner McCray City Clerk Prainito called the roll and the motion carried unanimously Proposed Ordinance No. 03-056 Re' Authorizing abandonment of a 1s-foot wide utility easement (The Harbors) Oty Attorney Cherof read Proposed Ordinance No. 03-056 by title only 2. the Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-056. Motion was seconded by Commissioner McCray City Clerk Prainito called the roll and the motion carried unanimously 20