LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
January 23, 2002
Mr Beril Kruger
9 Northest 16th Street
Delray Beach, Florida 33444
RE.
FileNo..
Location:
Marouf s Car Wash
NWSP 01-017
Las Palmas Avenue and North Federal Highway
Dear Mr Kruger
Enclosed is the City of Boynton Beach Development Order for site plan approval granted
on January 15,2002, by the City Commission.
To continue this project through the development process, please revise relevant pages of your
approved site plan to incorporate all conditions of approval as applicable, including the redesign
of the project driveway to discourage left-out movement. The full rectified site plan set is to be
submitted as part of your permit plan package to the Building Division. The person managing
your permit applications should be made aware of any additional documents and third party
letters listed in the conditions of approval that need to be submitted with your permit package.
The Building Division is committed to speedy and efficient completion of the building permit
process for your project. However, please note that failure to meet all applicable development
order conditions in the submitted rectified plan set may produce unnecessary delays in permit
issuance. Feel free to contact any TRC member for additional clarification of comments(s).
ImfJortant: If you plan to introduce any changes to your approved site plan over and above those
required by conditions of approval. please contact our staff before submitting a permit package
to the Building Division. All modifications to the site plan must be evaluated by our staff and
processed accordingly
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260
Sincerely,
~(;./~
Michael W Rumpf
Director of Planning & Zoning
MWR/ad
S:\Planning\SHARED\WP\PROJECTS\Zuhair Marouf\NWSP OI-017\Site plan approval Jetter after CC.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425.{)310
Phone: (561) 742.(1260 . www.ci.boynton-beach.fl.us
DEVELOPME'-'-'T ORDER OF THE CITY COMMIS"'-'ON OF THE
C. (OF BOYNTON BEACH, FLORIl.
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PROJECT NAME. Marouf's Car Wash
APPLICANT'S AGENT Beril Kruger
APPLICANT'S ADDRESS 9 NE 16th Street, Delray Beach, Florida 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002
TYPE OF RELIEF SOUGHT New Site Plan to allow an automated car wash facility
LOCATION OF PROPERTY Las Palmas Avenue & North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
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
X 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
-X- GRANTED subject to the conditions referenced in paragraph 3 hereof.
_ DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
7
All further development on the property shall be made in accordance with the terms
and conditions of this order 11111 II Il/(l
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EXHBIT "C"
Conditions of Approval
Project name: Maroufs Car Wash
File number' NWSP 01-017
Reference: 2nd" review plans identified as New Site Plan. File # NWSP 01-017 with a December 18. 2001
Planning and Zoning Department date stamp marking.
, .
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments:
1. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. as stated in LDR Chap. 6, Art. IV, Sec. 16, or the
requirement imposed by insurance underwriters, whichever is greater (see
CODE Sec. 26-26(a)),
2. A grit chamber will be required on the discharge side of the wastewater X
lateral. Oil-water separator appurtenance will be required on the discharge
wastewater lateral. Show the proposed location of these units on the site plan.
FIRE
Comments:
3. Design documents where underground water mains and hydrants are to be X
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per NFPA 1, (1997) Section 41-2.3.2.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4 On site development plan show proposed off-street parking spaces, proposed X
sidewalks, including location, dimensions and setbacks, traffic control
markinlZs and signage. (LDR, Chapter 4, Section 7.B.2).
COA
01/16/02
2
DEPARTMENTS INCLUDE REJECT
5 On the site development plan show proposed location of site lighting (LDR, X
Chapter 4, Section 7.B.4).
6. Sidewalks shall be four (4) feet wide along local streets, and five (5) feet wide X
along streets of higher classification (LDR, Chapter 6, Article IV, Section
10. T., and Chapter 22, Article I, Section 5). This condition may be omitted if
an administrative sidewalk waiver is annroved.
7 Sidewalks adjacent to parking lots shall be continuous through all driveways X
and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article
II, Section Pl. This condition may be omitted if an administrative sidewalk
waiver is approved.
8. Sidewalks shall meet or exceed State Handicap Code requirements and X
comply with the Standard Building Code and amendments thereto (LDR,
Chapter 23, Article II, Section K). This condition may be omitted if an
administrative sidewalk waiver is approved.
9 Proof of other agency permits shall be required prior to the issuance of the X
paving and drainage permit.
BUILDING DIVISION
Comments:
10. Identity on the site plan drawing the actual distance that the building is set X
back from the north, east, south and west property lines. Please note that
overhangs, covered walkways, canopies, awnings or other appurtenances that
are attached to the building shall be considered when identifying building
setbacks. Therefore, identity the width of the proposed overhangs, covered
walkways, canopies, awnings, and/or other roofed areas that extend out
beyond the main walls of the building. The building setbacks shall comply
with setback regulations specified in the Zoning Code.
II To verity that the proposed building is in compliance with the applicable X
building setbacks, show and dimension on the site plan the width of the
building overhang. Also, identity the size or width of the covered walkways,
awnings, canopies and/or other roofed areas that extend out beyond the main
walls of the building.
12. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
13. The "Knock down detail tent" shall meet wind load requirements, flame X
snread and Building Code requirements
PARKS AND RECREA nON
Comments:
COA
01/16/02
3
DEPARTMENTS INCLUDE REJECT
14 Submit detailed irrigation plans for right-of-way landscape and site work X
improvements during the construction document permitting stage, for review
and approval by the Parks Department staff. Include on the plan location of
any existing irrigation in the right-of-way
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
15 The hours of operation shall be limited to 7 am to 7pm, seven (7) days per X
week.
16. Place a "No left turn" sign and I or other traffic controlling markings at the X
project exit to deter vehicular traffic from going through the residential
neil1:hborhood to the east.
17 Provide a detail of the five (5)-foot high rolling gate. The detail should X
include the dimensions, color, and materials used.
l8. Relocate the Yellow Elder trees at the project entrance so that they are planted X
within front landscape buffer inside the property boundary and not outside in
the swale (Chapter 7.5, Article II, Section 5.D).
19 The plan exceeds the minimum landscaping requirements. However, no X
credit will be given proposed plant material located outside the property line,
such as in the swale. Modify the landscape counts for the Pigeon Plum,
Indian Hawthome, Gold Lantana and any other plant material proposed
outside the property line.
20. Construction of the wall shall be completed prior to the issuance ofa X
certificate of occupancy or certificate of completion (Chapter 2, Section 4.1.).
Staff recommends that the wall be enhanced with details such as scoring,
cornices, cap, etc.
21 All required trees in the landscape buffer adjacent to the Las Palmas Avenue X
right-of-way shall be at minimum 12 feet overall height and 3 caliper inches
when olanted (Chapter 7.5, Article II, Section 5.C.2.).
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS
Comments:
COA
01/16102
4
DEPARTMENTS INCLUDE REJECT
22. Omit conditions # 4, #5, #6, #7 and #8 to reflect side walk waiver, lack of any X
parking spaces other than the employee space, and existence of required
details.
23 Hours of operation shall be limited to day light hours (due to lack of site X
lighting), not to exceed 7:00 a.m. to 7:00 p.m.
24. No sound system shall be on the property for music or communication with X
employee or customer that would be audible at any level by adjacent or nearby
residents.
25 The proposed parking space shall be limited to employee parking and not X
used for vehicle servicing.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
26. Add condition #25, which had been inadvertently excluded. X
27 City staff and project designer to work together to attempt to redesign project X
drivewav to discourage left-out movement.
MWR/sc
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PROJECT NAME.
Zuhair Maroufs Variance
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DEVELOPt,. .. ormER OF THE CITY COMM, ...:IN OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT Zuhair Marouf
APPLICANT'S ADDRESS: 2360 North Federal Highway, Boynton Beach. FL 33435
roJ~@~nw~~,
U1J INAY I 8 2001 l'_
DATE OF CITY COMMISSION PUBLIC HEARING: May 15, 2001
TYPE OF RELIEF SOUGHT. Lot area.
LOCATION OF PROPERTY Part of Lots 4 & 5, Sam Brown Jr's Subdivision,
DRAWING(S): SEE EXHIBIT "A", "B" and "C" ATTACHED HERETO
DEPAnTMENT OF DEVELOPM[Nl
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, 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
X 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 "E" with notation "Included"
4 The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order
7 Other
DATED:
5-1(.,-01
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S:\PLANNJNG\SHAREO\WP\PROJECTS\ZUHA1R MAROUF VARIANCE\DEV LOPME
Project name:
File number'
EXHIBIT "C"
Conditions of Approval
Zuhair Marouf s Variance
ZNCV 01-008 (lot area)
Reference: Zonin~ Code Variance Annlication dated March 28 2001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
.' I ),f"
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERlNG DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS
Comments: Business operation be limited to the hours between 7:00 a.m, and X
7'00 n,m..
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined. Nonetrf X
MWR/arw
S:\PlANNING\SHARED\WP\PROJECTS\ZUHAIR MARQUF VARIANCE\CQNOITIONS OF APPROVAL ZONING CODE VARIANCE.OOa
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,
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
May 8, 2001
ZoninQ Code Variance
3,
Project Name:
Agent:
Owner
Location:
Description:
Zuhair Marouf - Lot Size Variance
N/A
Zuhair Marouf
A portion of lots 4 & 5 of Sam Brown Subdivision
Request relief from Land Development
Regulations Chapter 2, Zoning Section 6.C.3.
to allow development of a car wash facility on a
9,908 square foot parcel in lieu of the 15,000
sq. foot minimum lot area required by the C-3
Zoning District Regulations.
Mr Rumpf said that the applicant is seeking relief from the minimum lot size
requirements. Staff has researched and determined that the property was
originally zoned C-1, which would have limited it to a minimum lot size of 9,000,
which the lot would have met. Changing the zoning to C-3 in 1975 made the lot
subject to a minimum lot size of 15,000 square feet. The property owner
purchased the property subsequent to the property being severed with the
understanding that it would be developed.
Mr Rumpf said that the gas station is non-conforming and originally the applicant
asked staff if the lot could be assembled with the gas station parcel and staff
stated that it could not. The gas station, being non-conforming, prohibits
expansion. Staff only focused on how the property became non-conforming,
rather than the proposed use. The variance issue is limited to the fact of whether
there is a hardship and how the property became legally non-conforming. Staff
recommends approval of the project,
Mr Michael Weiner assumed the podium and stated he was present on behalf of
the applicant who is also present tonight. Mr Weiner stated that the applicant
has substantially upgraded the station. Mr Weiner stated that the item is
completely different from the first item heard tonight. Mr Weiner stated the
property is already zoned C-3.
Mr Weiner stated that there were six staff conditions and the applicant meets all
six. Mr Weiner read the six staff conditions into the record, Mr Weiner pointed
out that the property was changed to C-3 zoning by the City and not the
applicant. The applicant wants to blend in with the neighborhood and not stand
out. The applicant proposes the following:
1 He will meet or exceed all landscaping codes;
2. He would place a no left tum sign at the exits to keep vehicles from
going through the neighborhood;
3. The car wash would close at dark;
13
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
May 8, 2001
4 A 6' privacy wall will be put up; and
5. Purchase the most efficient equipment so that there would be little
or no noise associated with the operation of the equipment.
Mr Weiner gave the Recording Secretary to place in the public record a petition
that was signed by 1,300 Boynton Beach residents in favor of the car wash. Also,
there is a letter from the President of the Inlet Harbor Association and all 65 unit
: owners do not object to the project.
Mr Weiner also stated that the applicant meets the law and that the minimum lot
; size would deprive him of all beneficial use. Mr Weiner distributed two case laws
; for the record to support this. Mr Weiner requested to speak after the public
hearing is closed.
Richard Zoller, 649 Las Palmas Park, Boynton Beach said he was speaking on
behalf of the residents on Las Palmas Parkway He pointed out there are 11
, homes on this street and at the end of the street is a newly developed community
! called Presidential Way Mr Zoller said that neither he nor other residents in the
area received notice of the variance. Mr Zoller stated that he has a petition
signed by residents in the area that are against the variance (a copy of the
petition is included with the original minutes). Mr Zoller stated the property had
originally been purchased to build an office for the limousine service operated by
Mickey Pepper Limousine Service, but never got built. Mr Zoller said when Mr
Pepper purchased the property he was told he could not build an office because
it was only zoned for residential.
Also, Mr Zoller had concems that a car wash would create traffic congestion at
the beginning of the street because of the narrowness of the two-lane road. Mr
Zoller said he could envision cars lined up blocking the street to get into the car
wash. Mr Zoller also presented a letter from Colleen Beckner who lives adjacent
to the property opposing the car wash (a copy of the letter is included with the
,original minutes). Ms. Beckner in her letter states that she has a big
~ drainagelflood problem, which begins at the driveway to the Texaco station and
runs into her driveway, carport and yard. Ms, Beckner in her letter also pointed
out that there are already three car washes in the North Federal Highway area.
Mr, James Warnke, 617 Lakeside Harbor, Boynton Beach, a 35-year resident of
Lakeside Harbor, said the area has been R1-M since it was platted in 1896. Mr
Warnke felt that the car wash, which would be 500' from his home, would create
noise. He pointed out that the variance is less than one-third of the required lot
for the project. Mr. Wamke presented a petition of the residents of Lakeside
Harbor that are against the car wash (a copy of which is included with the original
minutes),
14
;"~
" "
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
May 8, 2001
Ms, Sandra Bailey, 644 Las Palmas Park, Boynton Beach was administered the
oath by Attorney Payne. Ms, Bailey said that the added traffic exiting from the
gas station has made it difficult to walk her dog on the street. Ms. Bailey feels
that much more traffic would be added if a car wash was permitted.
Mr, Terry Pereira, 7692 Colony Lake Drive, Boynton Beach said he has been a
customer of the gasoline station for 20 years. Mr Pereira said he signed the
petition in favor of the car wash and would like to see a car wash on the property
Mr Pereira said that a car wash would be much quieter than a repair shop that
used to be part of the gasoline station. Mr Pereira pointed out that this has
always been a bad intersection and nothing has changed. He did not feel that a
car wash would increase traffic.
Mr, Brian Edwards, 629 NE 9th Avenue said he was in favor of the car wash.
Mr Edwards pointed out that the car wash would be in back of the gas station.
Further, Mr Edwards stated that of all the businesses on Federal Highway, the
owner of this property has gone above and beyond his duty to clean up the area.
Mr Edwards felt that the owner would do the right thing for the neighborhood.
Mr. Richard Conklin, 1 C Crossings Circle said he lives directly across the street
from the gasoline station and said he is favor of the car wash. Mr Conklin said
that the car wash would beautify the area. He pointed out that a car wash would
generate more revenue for the City and would look better than just having an
empty lot.
Ms, Marilyn King, 632 Las Palmas Park, Boynton Beach stated she never
received notice of the variance and was not in favor of looking out her window
and seeing a car wash. She felt the value of her property would decrease by
having a car wash in the neighborhood,
; Chainnan Finkelstein closed the public audience.
i Mr Weiner presented photos of the vacant lot to the members. Mr Weiner
pointed out that they would be improving the area by putting in landscaping and a
wall to separate the car wash from the neighbors. He said they want to work with
the neighbors and would be willing to design the ingress and egress so that
people would be entering and exiting in one direction.
Mr Aguila inquired if there were any other reasons why the gas station was non-
conforming, and Mr Rumpf replied they did not evaluate the project in this
manner Mr Aguila inquired if the variance was granted would the properties be
unified by title and would this constitute an expansion of the non-conforming
use? Mr~umpf replied if the properties were tied together this would be an
expansion lof the non-confonning use. Mr Rumpf stated, however, that the
I granting oflhe variance would not make the car wash a non-conforming use.
I
15
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,
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
,,'
May 8, 2001
Mr Fenton inquired if the car wash would create more run off in the
neighborhood? Mr Rumpf stated the car wash would recycle the water and the
i operation itself would be very contained,
Ms. Hoyland inquired if the lot has always been vacant and Mr Rumpf stated that
it has as far as he knows. Ms. Hoyland said she would like to look at any
conceptual plans if any were available because once the variance is granted,
another use could be pennitled. Attorney Payne pointed out that the Board is
I granting a variance for this use only
Ms. Hoyland would like assurances that the car wash would remain totally
: independent of the gas station. Mr Tillman asked if there would be an attendant
taking money or would it be automated?
Mr, Steve Marouf, owner of the property, took the podium said he could hire a
cashier to keep the businE!Sses separate. Mr Tillman inquired what would
actually be built on the property He further stated that it would be a full service
car wash. Mr Tillman felt this would create a traffic line out to Federal Highway
Mr Mareuf stated that the car wash would be fully automated and that there
would be no back up of cars because people would remain in their vehicles as
they drive through the car wash.
I Mr Aguila asked staff when the property is developed would all the development
standards imposed upon the property be as if it were a stand-alone, owned by an
individual not associated with the owner of the Texaco station? Chainnan
Finkelstein said that he spoke to Mr Rumpf on this same subject and noted there
were problems regarding egress and ingress and that there were problems with
the neighbors. He further pointed out that there are properties already in the City
that have cross parking, cross egresslingress, cross easements and the
properties are owned by separate owners, Mr Rumpf replied that there are
certain uses in the City that share access points.
Mr Aguila further asked when the site plan comes to staff for review and the
access and egress was shown as through the gas station and not through Las
Palmas, what would staff do? Mr Rumpf said staff would feel this is
inappropriate and contrary to what has been discussed with the applicant. Mr.
I Rumpf said the property would be treated as a stand-alone site and would
I require buffering against the two abutting properties where needed.
! Mr Aguila said he is not certain that the applicant has met the six criteria for
I hardship. Mr Weiner said that the City can put conditions on the application and
that they want to be a good neighbor He stated that the applicant has met the
burden of proof on the six items and meets the standards for a variance in
I accordance with State law
16
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
May 8, 2001
Ms. Hoyland inquired if the Board could put restrictions on the variance with
regard to the wall or landscaping and Attorney Payne stated they could not with
this type of condition, Ms. Hoyland asked the applicant what his current hours of
operation were? Mr Marouf replied they operate from 6:00 a.m. to 12 midnight.
The car wash, however, would close at dark. Ms. Hoyland suggested limiting the
operating hours of the car wash from 8:00 a.m. to 6:00 p.m.
Motion
Mr Aguila moved to recommend denial of the request for relief from LDR
Chapter 2, Zoning Section 6.C.3 to allow development of a car wash facility
based on the fact that he is not certain that the burden of proof has been
demonstrated, Motion seconded by Mr Fenton.
Chairman Finkelstein requested that that the Recording Secretary call the roll.
Chairman Finkelstein pointed out that an "aye" vote would be for denial of the car
, wash. Motion failed 3-4 (Chairman Finkelstein, Vice Chair Heavilin, Ms. Hoyland,
! and Mr DeMarco dissenting).
Motion
Ms, Hoyland moved to approve the variance request with the condition that the
hours of operation would be limited from 8:00 a.m. to 6:00 p.m. Motion seconded
by Mr DeMarco.
Vice Chair Heavilin suggested amending the hours of operation to accommodate
the working population,
Ms. Hoyland amended her motion to limit the hours of operation from 7:00
a.m. to 7:00 p.m" seven {7} days per week. Mr, DeMarco seconded the
amended motion.
Chairman Finkelstein requested that the Recording Secretary call the roll.
, Motion carried 4-3 (Messrs, Tillman, Aguila and Fenton dissenting).
4
Project Name:
Owner'
Location:
Description:
Mangrove Park School (Old High School)
City of Boynton Beach
125 East Ocean venue
Staff report on demolition vs, rehabilitation
Mr Greene referred members to the report included in their packet dated April 4,
2001, which outlines the costs associated with refurbishing the Old High School
versus costs associated with demolishing it and creating approximately 50
parking spaces on the site. The cost to rehabilitate is estimated to be in the
17
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
May 15, 2001
,,---,
Motion
Commissioner Fisher moved to approve Item V-C.6 pending the outcome of the request on
payment of fines. Commissioner Ferguson seconded the motion that carried unanimously
V-E.1 Request to grant a variance of 5,092 square feet In order to construct a car
wash on an existing property, Zuhair Marouf
Commissioner Fisher asked how a car wash fit in with the recently completed study of the
Federal Highway Corridor?
p-'T...,
Mike Rumpf, Planning and Zoning Director, said that the Corridor Plan contains some site
specific but mostly general land use and zoning and design recommendations for the Corridor
The subject variance site is within the study's Planning Area No.1, and there is specific
language that emphasizes the residential uses and preservation of them. It specifically read,
"provide strong residential base, aesthetically inviting areas. Those non-residential uses that
are to be promoted shall be community serving versus heavy commercial, auto oriented and
those which are not neighborhood-oriented. .. The report also implies that there is going to be
a strong commercial/residential transition and speaks of development standards that will protect
the residential areas against those commercial areas, which are going to front on the Federal
Highway Corridor As for implementation of it and in anticipation of what the zoning regulations
would look like, It was early but he would say that the zoning along Federal Highway would be
changed to residential land uses so commercial zoning would be consistent. Their focus then
would be, on the car wash use itself,
Mr Rumpf continued, saying that a car wash use is auto-oriented and the car wash would not
be promoted in that area if it were not for the gas station adjoining Federal Highway The gas
station is non-conforming but has been there many years, Unless it were to be redeveloped,
the gas station was not likely to be going away The review of staff focused on the merits of the
variance from the hardship point of view
I"'
Commissioner Fisher said that the building that faced Federal Highway was non-conforming
and questioned building another non-conforming use, a car wash, at the same place. Mr
Rumpf replied that the use itself would not be non-conforming unless the zoning code was
changed to prohibit that type of use. Commissioner Fisher asked if they had the option of
requesting no visibility of the car wash from Federal Highway? Mr Rumpf said it did set back
behind the gas station. Commissioner Fisher asked if no visibility from Federal Highway and
screening landscaping could be put forth as a stipulation of approval? Mr. Cherof confirmed
that the City could impose conditions on the granting of the variance. Commissioner Fisher
stated that If the gas station got leveled next year, could the car wash be hidden from Federal
Highway? Mr Rumpf said he would recommend and was sure that the designer would place
the structure the maximum distance from the single family homes, which would place it very
close to the building, actually placing it up against the back of the Texaco station itself. He
thought between that design and landscaping, it could be reasonably buffered.
City Attomey Cherat said that if the Commission were contemplating that type of condition, he
recommended tabling the matter until the next meeting to afford time for additional notice to
adjacent property owners.
,-
10
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
May 15, 2001
,..""'.'
Vice Mayor Weiland noted that the owner of the property was present and he believed the car
wash would be a moot point if the gas station were not there. From his understanding, this was
not a full-service car wash but an automated one.
Michael Weiner appeared on behalf of Steve Marouf, the owner of the gas station, and
affirmed that it would be an automatic car wash. At the CRA Board meeting where the project
was approved 4 to 3, they had already agreed to and placed on the record that there would be
limitations. The limitations induded meet or exceed all landscaping codes, that there would be
no left tum signs and that it would be routed so that people could only come onto Federal
Highway and not go back in the neighborhood, that there would be restrictions on the hours,
that there would be a six foot privacy wall at the back, that there would be appropriate sound-
deadening with the most effident equipment, that the gas station would be operated separately
from the car wash, and that the car wash would be automatic so there would be no queuing or
waiting. He did not believe that additional conditions needed to be placed on the project since
the conditions placed on the project by the CRA would survive and be part of the approval
tonight.
r~--"
Jim Warnke, 617 Lakeside Harbor, stated that he lived about 500 feet away from the
proposed car wash. He said he and his neighbors were not so much complaining about the
noise from the boom boxes and the cars because it was zoned for use as a car wash. They
were complaining about the variance from the 15,000 square feet that was required for this
usage, The applicant is asking to put the application on a less than 10,000 square foot lot. He
said there were 25 residents on Las Palmas and Lakeside Harbor who were against the car
wash and asked if the Commissioners had received a copy of their petition? There were nods
of assent. Mr Wamke urged the Commissioners to vote against this variance.
Andrew Place, Gateway Boulevard, Boynton Beach, said he had been a customer of the
Gateway Texaco for many years. He said that in that time, he had seen the business
transformed from what would have been a car repair shop into a gas station. Mr Marouf had
really tumed it around and tumed it into a gas/convenience store operation. He believed that
based on Mr Maroufs handling of the property thus far, he could be trusted to keep it well in the
future and urged the Commissioners to grant the variance,
Richard Zoeller, 649 Las Palmas Parkway, Boynton Beach. was in support of Mr Wamke's
comments. He wanted to know if the Planning & Zoning Department researched the rest of the
City to find where other commercial enterprises were operating on less than the 15,000 square
feet on C3 and if any were as small as 9,908 square feet like this property? Commercial use
means traffic throughout the operating hours in and out. Las Palmas Parkway is a narrow, two-
lane road, which services eleven homes, and at the end of it there is a cui de sac built up with
very expensive homes on the water. Today, when you use the street to come and go, there
was congestion at the Federal Highway intersection at the traffic light. Normally you could make
a right tum on red if there were no cars coming on Federal. Now, because of cars coming out of
the gas station and sitting on the line of the center of the road, there isn't room for two cars, Mr
Zoeller believed that the car wash would contribute to a significant increase in traffic.
..,.,-;,,~
Terry Pereira, 7692 Colonial Lakes Drive, Boynton Beach, said he had been a customer of
the' gas station in question for many years and found the owner to be an honorable man who
had made great improvements at the gas station. He had full confidence that what he proposed
to do there he would do. He does intend for the car wash to be as unobtrusive as possible in
I
l
11
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
May 15, 2001
r""'"
the community The staff did recommend this variance being passed. They also said that
regardless of what actually comes in there it would always have to have a variance. Why not
grant the variance to the man who owns the property, and who has shown that his word is
good?
Vice Mayor Weiland noted that a lot of the zoning codes in the City were in need of redoing.
This individual has shown that he is capable of providing the necessary landscaping and using
the property correctly in accord with staffs requirements, He believed the difference in square
footage was a mere technicality
Motion
Vice Mayor Weiland moved to approve Item V-E.1 Commissioner Ferguson seconded the
motion.
Commissioner Fisher asked about the length of the line at the car wash. With a smaller lot as
this request, how many cars could wait in line before it had an impact on the road by backing up
into the roadway? Mr. Rumpf said this would be addressed at Site Plan approval. When
pressed again by Commissioner Fisher about an estimate of the number of cars, Mr Rumpf
replied "from four to ten"
r---"
Mayor Broening pointed out that the Commission was not being asked to approve the Site Plan,
which would come before them at another time. The Commission was being asked to make a
decision based upon the existing situation and there is a demonstrated hardship based on the
way the property was zoned in the past. According to staff and the narrow vote of the CRA
Board, that stands. It is up to the Commission whether it wants to grant the variance for the
size.
The motion carried 4-0.
A FIVE.MINUTE RECESS WAS DECLARED AT 8:05 P,M,
AT 8:10 THE MEETING WAS RECONVENED.
XII. UNFINISHED BUSINESS
A. Review of applications for City Commissioner for District II
""--.""
Mayor Broening allowed the persons submitting cards to speak first. There were 15 cards and
Mayor Broenlng stated that in the interests of time, the speeches would be limited to two
minutes, If anyone noted that someone else had already said essentially the same thing that
they were planning to say, Mayor Broening asked that they consider relinquishing their time.
William Cwynar, 2701 S,W, 8th Street, Boynton Beach, said he had been a resident in
Boynton Beach since 1974 Mr Cwynar gave kudos to the Commission for the good job they
were doing. With all the progress that was being made by the current Commission, he did not
think having to train someone was good for the City He believed somebody was needed that
had experience. He felt this was really necessary to keep the City moving.
12