CORRESPONDENCE
, D.c.mber 20. z001 11:30 AM From: S.ril Krug.r Fax Numb.r: 2654611 Pag.1of 1
BERIL KRUGER
Planning & Zoning Consultant
9 Northeast 16th Street
Delray Beach, Florida 33444
Telephone: (561) 265-4983 - Fax: (561) 265-4611
I
FAX TRANSMITTAL SHEET
To: Mr Michael Rumph
Fax No.. 742-6259
Phone No..
Time Transmitted: 11 :26
AM..!..PM_
Company' Cilg lloJjKlM 1lo<ui l' & Z ~
Transmitted by: bk
Date Transmitted: Dec. 20,
Total pages (including transmittal sheet}.
.2001
2
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If you do not receive all of the pages, Dleaae call (5'1) 2'5-4983 es aoon aa
1J0aslbl..
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOR THE USE
OF THE INDIVIDUAL OR ENTITY ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION
OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMINICATlON IN ERROR, PLEASE IMMEDIATELY NOTIFY US AT (561) 265-<4983, AND RETURN
THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA UNITED STATES POSTAL
SERVICE. THANK YOU.
" Decomoer 20. 2001 11 :30 AM From: Seril Kruger Fax Number: 265-4611 Page 2 of 2
Itertl kr....er planning and zoning consultants
December 19, 2001
rezoning
concurrency
conditional use
special exceptions
ORe
site plan approval
annexations
comp plan
amendments,
variances
(county, state,
municipal)
abandonmenls
palm beach
dade &
all counties
& cities
in f10rida
Mr Michael Rumph. Director
Boynton Beach Planning & Zoning Dept.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE. MAROUF CAR WASH - SIDEWALK WAIVER
LAS PALMAS AVENUE, BOYNTON BEACH
Dear Mr Rumph:
I am requesting a Sidewalk Waiver from the requirement to construct a sidewalk
along the front of the proposed Maroufs Car Wash on Las Palmas Ave. Thene
ane no sidewalks on either side of Las Palmas Avenue from the intercoastal
waterway west to U.S. Highway 1
If and when sidewalks are constructed on this street. the owner will then construct
a sidewalk.
CC: Zuhair Marouf
9 northeast 16th street. delray beach. f10rida 33444 . (561l 265-4983 * fax (561)265.4611
Tueker, Patrieia
From:
Sent:
To:
Subject:
Rumpf, Michael
Tuesday, November 18. 2003 8:12 AM
Tucker, Patricia
Fw' Follow-up on Pre-Agenda Meeting
Sent from my BlackBerry Wireless Handheld
-----Original Message-----
From Bressner, Kurt <BressnerK@ci boynton-beach fl us>
To Costello, Joyce <CostelloJ@ci boynton-beach fl us>; Glinski, Bonnie
<GlinskiB@ci boynton-beach fl us>; Hutchinson, Douglas <HutchinsonD@ci boynton-
beach fl us>
CC Livergood, Jeffrey <LivergoodJ@ci boynton-beach fl us>; Segal, Wayne
<SegalW@ci boynton-beach fl us>; Rumpf, Michael <RumpfM@ci boynton-beach fl us>; Byrne,
Nancy <ByrneN@ci boynton-beach fl us>; Greene, Quintus <GreeneQ@ci boynton-beach fl us>;
Cheraf, James <CherofJ@ci boynton-beach fl us>; Ramsey, Mary <RamseyM@ci boynton-
beach fl us>
Sent Mon Nov 17 18 00 16 2003
Subject Follow-up on Pre-Agenda Meeting
Several items of note
1 Pre-Agenda Meetings will stay at 4 PM on the Monday before a city Commission Meeting
2 Joint Meeting with Commission and eRA December 17th @6 30 PM -- Conference Room C -
West Wing
3 City Commission Capital Improvement Workshop -- December 19th @9 00 AM -- Conference
Room C- West Wing
Agenda will be revised to show public audience earlier in the agenda
Wayne will provide details to Bonnie on the agenda for events and should be prepared to
address the Commission/Audience at the Meeting -- If we have promo items, copies should be
made available Also, it is appropriate to promote the eRA event
New Business
Rescinding of Variation/Site Plan for Gas Station and Car Wash - Gateway and Federal --
Development to provide copy of staff report from the last meeting (Joyce -- You may still
have from earlier Commission meeting (October 21st) Also need matrix prepared by
Development I will need at least one copy by 9 AM on Tuesday to provide Comm Ensler
Ordinance on Vice-Mayor
Legal will provide a revised item which includes other options
1'11 take a look at the final agenda to verify language on items as it is available
Kurt
1
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DEPARTMENT OF DEVELOPMENT
. Building _ Planning & Zoning . Occupational Licenses . Community Redevelopment
November I, 2002
VIA FACSIMILE # (561) 364-4980
and REGULAR MAIL
IlL
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, ,.
Mr Gene Maresca
7B Crossings Circle
Boynton Beach, FL 33435
"
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PlANiWJG AND
ZONING DEPl
RE: MAROUFS CAR WASH
2360 NORTH FEDERAL HIGHWAY
Dear Mr. Maresca:
Pursuant to your request faxed to me on October 31, 2002 concerning submitting a separate
permit for the building portion, only, of the proposed car wash, I would like to offer the
following:
There are many elements that will combine to make this a complete project. In
example, landscape/irrigation, paving/drainage, site lighting, plumbing, mechanical,
electrical, roofing and various cladding and components will have to be reviewed as a
complete permit submittal to the Building Division.
2. Many of the City's Divisions look at these projects from more than just a building
review Planning & Zoning will not only look at the setbacks and location on the lot,
but are also concerned with the aesthetics and screening of the various elements. Per
state law, the Fire Department shall review all commercial projects. The Police
Department will review for traffic flow and access to the property, etc.
3 A total, complete evaluation and a proper review cannot be done unless this project is
submitted as a total package.
4 We require that a licensed general contractor to be responsible for the total project,
which will include all licensed subcontractors and suppliers. The general contractor
will also be the liaison between the design professional and the City Of Boynton
Beach.
I have included a copy of our Permit Application Information Checklist, our informational flyer
concerning the documents required for permitting and our handout concerning commercial
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.boynton-beach.org
Letter to Gene Maresca
November I, 2002
RE. MAROUFS CAR WASH
Page 2 of 2 Pages
inspection requirements. Also included is information required for state certified and registered
contractors to secure permits within the City Of Boynton Beach. I hope this information helps
you with your preparation and submittal of this project's permit to the City Of Boynton Beach.
s~ruu.~
Don JOhns:nrJ
Building Official
DJ:rs
Enclosures
XC. Timothy K. Large, Building Code Administrator
Mike Rumpf, Director of Planning & Zoning
Dave Kelley, Utility/Civil Engineer
S:\Development\BUILDrNG\Building DivIDocuments\Letters\2002 Correspondance\GMaresca ~ Maroufs Car Wash.doc
FROM GMARESCA
FAX NO. 5613644980
;t. 31 2002 08:18PM P1
Fr'iJ( /,...., r),'pr (..hC:lC'"
,.~ ~ '-. \..,_, ". ;J.....,. I ....,,~ i ! li,:.. ~::- i
78 CROSSINGS CIRCLE
BOYNTON BEACH, FLORIDA 33435
Fox numbe!'
561-364-4980
Send to: From:
DON JOHNSON GENE MARESCA
Attention: Date:
Office Location: Office Location:
Fax Number: Phone Number:
o Urgent
i4' Reply ASAP
o Please comment
a Please Review
IJ For YOIJ Information
Total pages. including cover'
Comments:
Thank you for the phone conversation raga-ding the permitting of 2360 North Federal
Highway in Boynton Beach known os 0 Texaco station. As I mentioned, the owner
inquired about getting 0 permit by me tor the building portion and expressed that he
has hi, people for other portions of the changes and site modifications. I also explained
the city has specific requirements for work preformed with in there jLXisdiction by
anyone and the scope of being the primary controctor In 011 goad conscience. I
made the inquire to receive an official explanation by the city of Boynton beach for
the edification of the owner Could please respond in a fox the same information we
discussed including licensing requirements that a sub-contractor and a general
Contractor must meet to work within the City limits of Boynton beach.
-P-
DEI .r\RTMENT OF DEVELOPh"t:NT
Planning and Zoning Division
Memorandum
PZ 02-248
TO- Mr Beril Kruger 'J/
FROM Lusia Galav, AICP .../ Y
Principal Planner q/
DATE November 4, 2002'"
RE. Marouf's Car Wash NWSP 01-017
Please be advised that site plan approval for the above referenced project will expire on January 15,
2003
The City Commission granted site plan approval on January 15, 2002. To date, no building permit has
been issued for this project. A building permit must be secured within one year of site plan approval in
order to maintain the vested status.
The Land Development Regulations Chapter 4, Section 5, provides for a one-year extension for site
plan approval if the application is submitted before the expiration date Please call the Planning and
Zoning Division at (561) 742-6260 for more information regarding the site plan time extension
procedure
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
· Building - Planning & Zoning . Occupational Licenses . Community Redevelopment
June 16,2002
Mr Beril Kruger
Planning & Zoning Consultant
9 Northeast 16th Street
Delray Beach, FL 33444
Subject:
1) Expansion of Texaco Oas Station at 2360 N Federal Highway
2) Driveway Connection from Texaco Station and Approved Car Wash Project
Dear Mr. Kruger
The intent of this letter is to clarify information provided to you in a previous letter dated June 14,
2002. Please be informed of the conclusion reached that pursuant to the Land Development
Regulations, Chapter 2, Sections "D" and "0", the above-referenced changes are prohibited due to the
their involvement with a non-conforming use. However, with respect to item #2, the physical
connection could only occur through a recorded access easement that would connect the car wash
parcel to the northernmost gas station driveway at Federal Highway Of course this is contingent upon
all modifications to the Texaco site being code-compliant. These changes should be processed as a
minor modification request to the existing site plan which is described by the attached fact sheet.
Please be sure to include all site/tabular data on the revised plans including the tabulation of required
and provided parking, and aisle and parking space dimensions.
Please be informed that you may not proceed with item #1 due to it involving the physical expansion
of a non-conforming use; however, this clarifying letter should be construed as the final administrative
decision to which you would file an appeal in accordance with the Land Development Regulations,
Chapter I, Article VII, Section 1 If you still desire to appeal, please provide this office with a revised
application (letter) for appeal which we will apply to the same fee, and application file that has been
recently created. If based upon this letter you no longer prefer to file an appeal, please inform me of
same in writing so that your application can be closed. Please be reminded of the filing requirements
to appeal and contact me should you have any questions.
Sincerely,
---- (1J)2-
Michael W Rumpf
Director of Planning and Zoning
MWR:jdc
CC Kurt Bressner
Attachment
S:IPlanningISHAREDlWP\CORRESP\Com:sp A thru l...\Kruger, Benl Re Tc.xacQ Station E.xpa1l5ion.dlX
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (5$1) 742-6350 . www.ci.boynton-beach.or
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
June 14,2002
Mr Beril Kruger
Planning & Zoning Consultant
9 Northeast 16th Street
Delray Beach, FL 33444
Subject:
1) Expansion of Texaco Gas Station at 2360 N Federal Highway
2) Driveway Connection from Texaco Station and Approved Car Wash Project
Dear Mr Kruger.
This letter is in follow-up to our recent meeting regarding the above-referenced issues. Please be
informed of the conclusion reached that pursuant to the Land Development Regulations, Chapter 2,
Sections "D" and "G", the proposed changes are prohibited. I acknowledge and apologize for the
delay caused by the numerous conversations and meetings held on these issues, which may have
misled you.
Please be informed that you may not proceed with the said changes. However, in accordance with the
Land Development Regulations, Chapter 1, Article VII, Section 1, you may appeal this decision of the
Planning and Zoning Director to the City Commission. As an alternative, please also be aware of the
option you have to amend our regulations to meet your objectives. I would recommend that any code
amendment (code review) you would apply for be written to consider its city-wide implications.
Please note the filing requirements to appeal (see attached excerpt) and contact me should you have
any questions.
Sincerely,
~J2
Michael W Rumpf
Director of Planning and Zoning
MWR:jdc
Attachment
S:\PlanningISHAREDlWPICORRESPICorresp A thru LlKruger, Beril Re Texaco Station Expansion.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-ll310
Phone: (561) 742-6350 . www.cLboynton-beach.or
28
Boynton Beach Code
ARTICLE VII. APPEALS
Sec. 1. Appeals from decisions of an
adminid:rative official.
A. ELIGIBILITY Appeals of decisions of an
administrative official may be taken by any person
aggrieved or by any officer, board, or bureau of the
governing body affected by any decision of an
administrative official under any ordinance enacted
pursuant to the Land Development Regulations of the
City of Boynton Beach.
B. FILING Appeals shall be filed within
fifteen (IS) calendar days after rendition of the order,
requirement, decision, or determination with the
official from whom the appeal is taken specifying the
grounds for the appeal. A current certified survey
and a fee as adopted by resolution of the City
Commission, plans, drawings, documents and/or
other material constituting the record upon which the
action was taken shall be collected by the
administrative official and, together with the
completed appeal, forwarded to the appropriate
appeal board for placement on the board's next
available agenda.
C. STAY OF WORK. Upon posting of
acceptable surety (see Chapter 7) by the appellant in
an amount equal to II 0 % of the potential costs of
delays and damages as certified by a design
professional, all work on the premises and all
proceedings in furtherance of the action appealed
from will be stayed, unless the official from whom
the appeal was taken certifies that by reason of facts
stated in the certificate, a stay would cause imminent
peril of life or property In such case, proceedings
or work shall not be stayed except by a restraining
order which may be granted by the board or by a
court of record on application, on notice to the
officer from whom the appeal is taken and on due
cause shown.
D ASSIGNMENT OF APPEALS. The City
of Boynton Beach has several boards/commissions
which deal with a variety of appeals, variances,
exemptions, exceptions, etc., as follows:
I The building board of adjustment and
appeals will hear and decide appeals of administrative
1997 S-5
decisions or determinations made in the enforcement
or administration of LOR Chapter 20, Building,
Housing and Construction Regulations and the various
building codes and ordinances adopted by the City
See LOR Chapter 20, Article vn, Section 20 for
detailed information.
r:'~
2. The City Commission will hear and
decide appeals of administrative decisions or
determinations in the enforcement or administration of
environmental review permits; excavation, dredging
and/or fill permits; major/minor site plan or master
plan modifications and height exceptions.
3 The concurrency review board will hear
and decide appeals of administrative decisions
denying a certification of concurrency and/or a
conditional certification of concurrency
4 The board of zoning appeals will hear
and decide appeals of administrative decisions or
determinations made in the enforcement or
administration of all portions of the Land
Development Regulations not specifically enumerated
within the jurisdiction of the City Commission and/or
the building board of adjustment and appeals and/or
the concurrency review board. See LDR Chapter 2,
Section 10 for detailed information.
("'-,.
, ,
4:-~.
E. HEARING OF APPEALS. Each board or
commission shall fix a reasonable time for the hearing
of the appeal, give public notice thereof, as weU as
due notice to the parties in interest. Upon the
hearing, any party may appear in person, by agent or
by attorney
F REVIEW OF ADMINISTRA TIVE
ORDERS In exercising its powers, each board or
commission may, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, or
determination made by an administrative official and
may make any necessary order, requirement,
decision, or determination, and to that end shall have
all the powers of the officer from whom the appeal is
taken. The concurring vote of a majority of the
members present shall be necessary to reverse any
ordcr, requirement, decision, or dctermination of any
administrative official or to decide in favor of the
L'
May 22, 2002 6:36 PM From: Beril Kruger Fax Number' 265-4611 Page 2 of 3
her II kr....cr planning and zoning consultants
May 22, 2002
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
Attorneys At Law
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL33308
RE. ADDITION TO CONVENIENCE STORE
GATEWAY TEXACO
N. FEDERAL HWY., BOYNTON BEACH. FL.
Dear Mr Cherof:
I spoke with Mr Michael Rumph, Planning and Zoning Director, last week regarding
an add it ion to the convenience store at the Gateway Texaco on north Federal
Highway t expiained to Mr Rumph that Mr. Marouf wishes to build an addition on
the rear of the convenience store building for a storage room to store sodas. Mr
Marouf currently has a trailer parked at the rear of the property, which he is using to
store the soda. He was cited June 18, 2001 by a fire inspector for having an illegal
trailer and was told to remove it,
Mr Rumph and I discussed the addition and he said that since the use on the
property is a non-conforming use, an addition to the convenience store would be an
increase in the non-conforming use. I disagree with his interpretation.
The gas pumps at this convenience store are the non-<:onforming use. Selling gas at
this location is a non-conforming use. The convenience store is not a non-
conforming use it is a permitted use. A convenience store at this location without
gas pumps would not require a Conditional Use because it would be a retail store.
The gas pumps and gas sales are non-conforming. Storing soda at this location will
not increase gas sales nor will it increase the non-conformity
The Boynton Code states, "Il} all dispensing establishments shall be located only at
the intersection of any combination of the following roads as designated in the
Boynton Beach Comprehensive Plan:
1 County arterial,
2. State arterial,
3 Local collector
Gateway Texaco is located on a U S.1, a State arterial, and Gateway Boulevard, a
Local collector Therefore it meets one criterion. It does not meet the second
parAgraph below
9 northeast 16th st.eet . del.ey beach, flo,lda 33444
1561 I 265-4983 . fax (5611 265-4611 . a-mail: bkruearObaUlOuth.nat
rezoning
concurrency
conditional
us.,
spec;ial
exceptions,
ORe approval
site plans
annexations
comp plan
amendments,
verlances
(county, atate,
municipal)
abandonrnenta
palm beach
broward
dad. &
all c;ountias
&cltlas
Inflorlda
May 12, 2002 6:36 PM From: 8eril Kruger Fax Number' 265-4611 Page 3 of 3
Mr James A. Cherat, Esquire
Pege 2
May 22, 2002
(2) Gasoline dispensing establishment shall only be located at any intersections
consisting of roads of four (4) lanes or wider
I have checked the gas station and convenience store portions of the following
zoning codes: Palm Beach County Unified Land Development Code, Delray Beach
Land Development Regulations Lake Worth Zoning Code, and the City of Fort
Lauderdale Unified Land Development Regulations and found none of these codes
mentions anything about 4 lane roads although most do require these establishments
be on collector or arterial roads.
This 4-18ne requirement makes many gasoline dispensing establishments non-
conforming Almost all gas providers on Boynton Beach Boulevard. Golf Rd. (SE 23'"
St.), South and North Federal Highway and a fairly new establishment which was
approved on Gateway just west of 1-95 and High ridge Rd. (which is a two lane
road)
It seems the City of Boynton Beach has a very strong dislike for gasoline dispensing
establ!shments since there are almost 5 pages in the code dedicated to gas stations
and only 2 paragraphs to "Adult Entertainment Establishments."
In closing, the addition of a storage room on the rear of this convenience store has
nothing to do with increasing the non-conformity of the gas sales. Storing soda will
not increase gas sales. Storing soda will not have anything to do with gas sales.
The convanience store could operate without the gas pumps as the gaa pumps could
operate without the convenience store. There are convenience stores in Bovnton
Beach without gas pumps and there are gas sales establishments around without
convenient stores, Convenience stores and gas stations together is a fairly recent
idea and was done for the convenience of the customers since most gas stations
were no longer service stations. I therefore ask you to allow the owner of Gateway
Texaco to build a storage room on the rear of the convenience store for the sole
purpose of storing sodas and removing the trailer that is in violation.
Mr Marouf has also agreed to renovate the exterior of the convenience store and
bring it up to the standards of the new Boynton Beach and this area.
cc: Michael Rumph
~pf, Miehael
,'Yl. (<vf
~ \ I
(OY' W~s..#I.
.1 "ft .f.<
From:
Sent:
To:
Subject:
Rumpf, Michael
Thursday. May 02, 2002 5.33 PM
Cherof, James
RE. Current issues
'1C"'-'--
,(M f t"f"r-
Thanks for the responses Jim
2) I think the container is an unpermitted, unscreened outdoor storage element
unrelated to its conforming or non-conforming status The expansion of the building has
raised this question but the container could also be considered consistent with my
interpretation below So we all (Quintus shares the same opinion that it would
intensify the non-conforming use) agree that expansion of the building would, regardless
if it is related to a ttstorell, impacts the non-conforming use Right?
3) We just have camp plan policies that state certain properties, when developed, will
yield land dedication to provide a park in a needed area
4) Ok, but as long as we are not agreeing with his responses
5) Any communication is fine with me I plan on being here
Mike
-----Original Message-----
From Lamanna, Rosemarie On Behalf Of Cheraf, James
Sent Thursday, May 02, 2002 4 29 PM
To Rumpf, Michael
Subject FW Current issues
-----Original Message-----
From Cherof, James [mailto jcherof@cityatty com]
Sent Thursday, May 02, 2002 4 28 PM
To Cherof, James
Subject RE Current issues
1 I thought we were actually putting it on under "Old Businesslt and
that at agenda preview CF could either confirm it as an issue he wanted to
discuss of it would get pulled off The rest of the Commission can weigh in
at this point as well I discussed this approach with CF and he is OK with
it
2 I think that if a single tenant has both non-conforming and
conforming aspects of the business, the non-conforming prohibits any
expansion I assume the City is treating the storage container as an
expansion of the non-conforming use, although you have not actually said so
What provision of the code was cited as a violation?
3 Actually, the intent was to take the Commission out of the
negotiation role I thnik it is best if it is a straight value
determination
4 I think the property owner is stalling, but 1111 meet if you like
5 I also spoke with Resch She was supposed to call me back after
reviewing the conditions She has not I see this getting tabled if there is
not a breakthrough on Friday or Monday AM at the latest Why donlt we try to
set up a phone conference for Monday AM when we can sit together Bt copy of
1
this I'll ask Rose Marie to set t up if you are OK with that
> -----Original Message-----
> From Cherof, James [SMTP CherofJ@ci boynton-beach fl us]
> Sent Thursday, May 02, 2002 10 50 AM
> To ljcherof@cityatty coml
> Subject FW Current issues
>
>
> > -----Original Message-----
> > From Rumpf, Michael
> > Sent Thursday, May 02, 2002 10 42 AM
> > To Cherof, James
> > Cc Johnson, Doni Greene, Quintus
> > Subject Current issues
> >
> > (Don- see Item 4 below)
> >
> > Jim, regarding these current issues
> >
> > 1) Marouf Car Wash
> > Mr Kruger called, as expected, asking about the process to get the site
> > plan changed I indicated that we would be communicating with
> > Commissioner Fisher about placing it on the agenda first for
> confirmation
> > of reconsideration
> >
> > 2) Texaco Gas Station
> > Mr Kruger also discussed another issue, albeit ongoing, regarding his
> > citation for a storage container in the rear of the station He is now
> > attacking the issue like this He believes that it would be lawful to
> > expand the building to increase the area allocated for the retail store
> > for storage use thereby eliminating the outdoor container I stated my
> > opinion that I did not believe the two uses, located on the same
> property
> > and in the same building, could be separated for purposes of identifying
> > nonconformity and proposed building expansions I acknowledge that
> there
> > is a fine line here
> this
> > mean use or sub-use on a parcel Possibly in Mr Kruger's favor, the
> code
> > does state "Any part of a structure or land occupied by a nonconforming
> > use which is changed to or occupied by a nonconforming use shall not
> > thereafter be used or occupied by a nonconforming use" Do you think
> > this is referring to different uses in a single-tenant building or a
> > multi-tenant building? Paragraphs D-l and D-2 under section 11 1 of
> > Chapter 2 Zoning could also be implying that a single tenant building
> > could have both nonconforming and conforming uses I find this hard to
> > accept given that the emphasis is, I thought, on expanding or
> intensifying
> > the gas station (the nonconforming use) No it would not be the literal
> > expansion of gas sales through additional pumps, but it seems logical
> that
> > if you expand (or add) other uses that seem to be ancillary to each
> other,
> > like retail goods and even a car wash, you may increase patrons who in
> > turn would buy more gasoline Jim, I tried quickly to research a
> > typically good and user-friendly source for related law cases (zoning
> > bulletin) but the search system did not work I have the publications
> in
> > the office to search through What is your experience or opinion?
The real issue focuses on the term "usen
Does
> >
> > 3) Recreation Impact Fee ordinance
> > Jim, I wouldnrt want to take away the Commission'S ability to initiate
> the
2
> > negotiations for land in lieu of fee, particularly if land for a park is
> > needed in a specific area Do feel the new ordinance is taking this
> > ability away from them and would you consider any verbiage that would
> > provide some ability to negotiate on the city's initiative?
> >
> > 4) Barrera/Barcelona Pottery
> > I think we need to meet and discuss this response from Mr Moore dated
> > 4/16/02 My initial thoughts are as follows
> > Item #2- We should inspect to confirm
> > Item #3- I assume that Don would also like to confirm this statement
> > Item #4- The placement of merchandise in the front of the property has
> > intensified but would be difficult to prove If safety is an issue,
> > perhaps we can require that they remove some merchandise from the front
> > making more room for spaces to properly back out, or require them to
> > confirm they have at least 25 feet
> > Item #5- ???
> > Item #6- If it is fact that this second building was there when annexed,
> > contrary to the survey, they should provide proof using the county1s
> > documentation which should specifically identify the structures for
> which
> > fines were collected, and invoices from the builder
> >
> > 5) Cafe LaNotte
> > I have not heard back from you regarding these draft comments Please
> note
> > that any of the original conditions not changed by my draft, or
> > recommended to be deleted by the CRA, should continue on as
> > recommendations I met with a new attorney-Ms Resch-who has been
> brought
> > in by the applicant She will try to provide her recommendations in
> > writing today or tomorrow before she travels out of town for the
> weekend
> > She said she would call you for an appointment She indicated they
> would
> > take a stronger stand against activities such as wet t-shirt contests,
> > etc , but will likely ask for more hours to operate outdoor activities
> I
> > have received the Chief's comment on overtime pay but have not received
> > the other traffic/circulation comment(s) from Jeff
> >
> > Mike
> >
> >
> >
> >
3
~f, Miehael
From:
Sent:
To:
Subject:
Cheraf. James Ocherof@cityatty.com]
Monday, April 29. 2002 4'16 PM
Rumpf Michael
RE. Marauf Carwash
I did speak to the Commissioner I told him about our meeting (both sides of
the discussion) and that if they were going forward with the cross parking
concept that they would need a revised site paIn drawing to deal with the
elimination of the parking spaces I had the impression that he would tell
them and that he would ask for it to come back to be reconsidered I think
that is the best way to get it back before the Commission Why don't we put
it on under Old Business CF can take it from there at pre-agenda
> -----Original Message-----
> From Rumpf, Michael [SMTP RumpfM@ci boynton-beach fl us]
> Sent Monday, April 29, 2002 4 09 PM
> To rjcherof@cityatty coml
> Subject Marouf Carwash
>
> Jim, I am getting calls from the applicant Beril Kruger again I think
> Quintus and I believed that you would be calling Charley Fisher to discuss
> process Since there isnlt not a real clear picture here, I am concerned
> about us giving out inconsistent information I am sure he is calling to
> ask what process they follow to get the connection between the properties
> made Are we proposing that they place the item for discussion on the
> agenda or are we assuming that Commissioner Fisher will bring it up 1111
> await your response Thanks, MR
1
April 11, 2002 3:23 PM From: B.ri1 KrJ!ler Fax Numb.r: 265-4611 Pall! 2 of 3
Iteril kr....er planning and zoning consultants
April 11, 2002
rezoning
concurrency
conditional
use,
special
exceptions,
ORe approval
site plans
annexations
comp plan
amendments.
variances
(county, state,
municipal)
abandonments
palm beach
broward
dade &
all counties
& citl..
inflorida
James A. Cherof. Esquire
Goren. Cherof. Doody & Ezrol, P.A.
Attorneys At Law
Suite 200
3099 East Commercial Boulevard
Fort Lauderdale, FL33308
RE. Proposed revisions to Marouf's Car Wash (NWSP 01 -017)
Access (ingress) only from Gateway Texaco Gas Station
Dear Mr Cherof'
I spoke with Michael Rumph this morning and he asked if I had received the
April 5, 2002 letter from him, which I had not. He said he spoke with you
about Gateway Texaco and Marouf's Car Wash and that you had not changed
your opinion about the gas station. Since I had not received a copy of the
letter, he faxed me a copy this afternoon.
I was taken aback when I read the response in the letter It stated, .We have
reviewed your request for eOMondatlon of the car wash and gas station sites
as depicted on the draft site plan stamped March 14, 2002. q NOur review
included consultation with the City Attorney H
NWe remain of the opinion that the eon&oHdlulon 11& PrDpO&H constitutes an
intensification/axmmsion of a non-conforming use. .
I totally agree with you if I had asked for consolidation of the car wash and
the gas stetion. That is absolutely not what I had spoken to Mr Rumph about
or what' had spoken to you about. I asked if we could access the car wash
from the gas station (as with a cross-access-agreement), just for entering the
car wash. This access would not be increasing the non-conformity of the gas
station. It would not make the gas station any larger, it would not increase
gas sales, the building would not change, the gas islands and traffic patterns
would not change and the car wash would remain independent of the gas
station
9 north..st 16th street · delrav beach, f10rlda 33444
(561) 265-4983 . fax (561) 265-4611 . e-mail. bkruger@bellsouth.net
April 11. 1002 3;23 PM From: Beril Krugel F~ ~mb.r; 265-4611 Page 3 of 3
Mr JHm&. A. Cherof, Esquire
Page Z
April 11, 2002
The site plan does not indicate anywhere, consolidation of the car wash with
the ges station. I stressed to both of you at our individual meetings that the
gas station and car would remain independent of each other They are
recorded under separate deeds end will probably have different owners. The
only thing I asked both of you was that we be allowed to have the car wash
accessed (ingress only) from the gas station as with a cross.access-
agreement. Egress from the car wash would be from the exit on Las Palmas.
This would put far less of an impact on Las Palmas and the neighbors than
with both ingress and egress on Las Palmas.
I was hoping we could have had our meeting this afternoon with Mr Rumph,
you and I to discuss our (the car wash and gas station owners) intentions.
ThiS would have eliminated this mistaken interpretation of the site plan and
my discussion with both of you.
If you need any additional information or need to contact me please feel free
to do so. I hope this can be resolved without further delay
SENT BY FACSIMILE ONLY
IJ
Beril ger, Consultant
Beril Kruger Planning and Zoning Consultants
CC Michael Rumph
Steve Marouf
Z~~~<...("\,,<wt
C" (Vd-S '"
~pf, Miehael
From:
Sent:
To:
Subject:
Lamanna, Rosemarie on behalf of Cherof, James
Friday, April 05, 2002 10:00 AM
Rumpf, Michael
FW' Texaco Car Wash/Mr Kruger
-----Original Message-----
From Cherof, James [mailto jcherof@cityatty com]
Sent Friday, April 05, 2002 9 19 AM
To Cheraf, James
Subject RE Texaco Car Wash/Mr Kruger
I think you should send him the last word which can be as simple as
"We have reviewed your request for consolidation of the car wash and
gas station sites as depicted on the draft site plan Our review included
consultation with the City Attorney We remain of the opinion that the
consolidation as proposed constitutes an intensification/expension of a
non-conforming use We suggest that the car wash project proceed as
approved IT
Or words to that effect
> -----Original Message-----
> From Cherof, James [SMTP CherofJ@ci boynton-beach fl us]
> Sent Friday, April 05, 2002 8 49 AM
> To 'jcherof@cityatty com'
> Subject FW Texaco Car Wash/Mr Kruger
>
>
>
> > -----Original Message-----
> > From Rumpf, Michael
> > Sent Thursday, April 04, 2002 1 38 PM
> > To Cheraf, James
> > Cc Ducoste-Amedee, Maxime
> > Subject Texaco Car Wash/Mr Kruger
> >
> > Jim, FYI, Mr Kruger called me about this and before he could take up
> our
> > time I said that you had not set up a meeting yet, which previous
> e-mails
> > from legal indicated was to occur However, I know that we had spoken
> > recently which confirmed that you have not changed your position
> relative
> > to the connection of the two properties/businesses and its impact on a
> > non-conforming use But I hope that I am safe to assume that the final
> > word is to come from you if he feels that he still has not received it
> > If you desire that to come from me just pass him back and I'll
> communicate
> > same Thanks, MR
1
~'\'r\'OI
~oii <r ~c
~ ,~
'V'o", '"
'\ i
r-'-'-~ .1'
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
April 5, 2002
Mr Beril Kruger
Planning and Zoning Consultant
9 Northeast 16th Street
Delray Beach, FL 33444
RE.
Proposed revisions to Maroufs Car Wash (NWSP 01-017)
Re-design with non-conforming Texaco Gas Station
Dear Mr. Kruger
We have reviewed your request for consolidation of the car wash and gas station sites as depicted on
the draft site plan date stamped March 14,2002. Our review included consultation with the City
Attorney
We remain ofthe opinion that the consolidation as proposed constitutes an intensification/expansion of
a non-conforming use. We suggest that the car wash project proceed as approved.
Sincerely,
~
Michael W Rumpf, Director
Planning and Zoning
Cc: James Cherof, City Attorney
MRW:pat
S:\Planning\SHARED\ WP\PROJECTS\Zuhair Marouf\NWSP 01-0 17\Marou'f Car wash NWSP 01-017 on 4-5-02.rtf
City Of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742~350 . www.ci.boynton-beach.or
GORE
SAMUEL S. GOREN
JAMES A CH!.Fl:Qf
DONAl"O J. DOODY
KERRY L. EIFl:Ot
MICHAEL 0 CIRULlO JIt
Mr BeriI Kruger
9 N.E. 16'" Street
Delray Beach, FL 33444
Re: Gateway Texaco
Dear Mr Kruger
--........J
. LJ ..J........,. ......-'..0.....
MUC
A
JULie F KLAH~
L1NDS!:Y A PAYNe:
NANCY R. KRAMe;;:
O,t.,VIO N. 'i'OLCES
STeVEN l JOSIA$. OF COvNU.t
II
\
,
, - .\
CHEROF, DOODY & EZROL,
...TTORNI!!V:l; AT LA""
';1.11'~ Zoo
3099 !!AST COMMERCIAl. tlOlJl.lI!VAdtP
fCll'T L,,,,UD:E.RDALE Fl.ORID..... 33308
"'TELSPIolONE (Q541 771-.1500
FACSIMILE (954) 771 4923
March 19,2002
Sf
I am in receipt of your letter of March 19, 2002, which generally reflects the substance of our
meeting but goes too far in stating that "we agreed that the non-conformity of the gas station would not
be affected by allowing ingress into the car wash from the gas statIon." I understand that to be your
opinion and what I did state was that I would discuss that with staff J will be discussmg the issue with
Mike Rurnpfbul will not be able to do so until next week.
JACflmf
H:\l 990\9001 82.BB\l.ETIE.R\Kruger Itr.doc
cc: Mike Rwnpf
oa'Y u~
JAM~SA~U
f:::;-C'-~--:
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~._._._---~~~-
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:j
II......'. I, ..VV.. 01.0101' III I I VIII. UIIi..II\1WYIi:I I IIA 1'''IIIW1;I, ",,,....,,.t rilYIl t UI t
lae
1 kr....cr plan ,1g and zoning consultant!.
March 19, 2002
rezoning
concurrency
conditional
James Chero!, Esquire
Boy nton Beach City Attorney
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE:
use.
special
exceptions,
DRC approval
site plans
annexations
comp plan
amendments,
variances
(county, state,
municipal)
I am writing this letter as a follow-up to our meeting of Thursday, March 14, 2002, aband,onmbenths
. pa m eae
in City Hall, when we discussed the above businesses, access from the gas station broward
into the car wash and the non-conformity dade &
all counties
& cities
in IIorida
GATEWAY TEXACO - MAROUF'S CARWASH
2360 N. Federal Hwy Boynton Beach, FL 33435
Dear Mr Cherof'
I thought we agreed that the non-conformity of tt e gas station would not be affected
by allowing ingress into the car wash from the gas station. Since the gas station and
car wash will have no business connection, access would not be increasing the non-
conformity of the gas station. It would be like a cross aCCeSS agreement.
By allowing access to the car was from the gas station, this would eliminate some of
the complaints made by the neighbors about access into the car wash from Las
Palmas Avenue. This change would also concur with the comments made by the city
commission eliminating ingress from Las Palmas Avenue. We will construct the exit
from the car wash to direct the traffic out of the car wash west to Federal Highway
After we met you said you were going to speak with Michael Rumph about our
meeting and our tentative agreement about the non-conformity After our meeting I
dropped off a copy of the site plan to Mr Rumph but as of today, I have neither
heard back from Mr Rumph or yourself regarding this matter
Hopefully, Mr Rumph will agree with our agreement regarding the non-conformity,
and we will submit a new site plan for a minor modification for city approval. We
will then be able to instruct our architect to start on the construction plans for the car
wash. It has now been over 60 days since the car was approved and we still do not
have a detinitive answer I would appreciate a swift reply
I Wish to thank yo and staff for their sincere cooperation.
szcereIY'~-
) d~{/F
../ Beril er
;j
CC Steve Marouf
9 northeast 16th street * delray beach, f10rida 33444
(561) 265-4983 . fax (561) 265-4611 . e-mail: bkruger@bellsouth.net
rk
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Buifdfng
Planning & Zoning
Occupational License
Community Redevelopment
January 16, 2002
MS.Tina Golden
Palm Beach County Property Appraiser's Office
301 North Olive Avenue - 5th Floor
West Palm Beach, Florida 33401
Re: Approved Site Plans
City of Boynton Beach
Dear Ms. Golden:
Pursuant to the request of the Property Appraiser, we are forwarding the enclosed site plans recently
approved by the Boynton Beach City Commission. These projects include:
1 Dakota Lofts NWSP 01-010
2. Maroufs Car Wash NWSP 01-017
Should you have any questions concerning any of the enclosed, please do not hesitate to call me at (561-
742-6260.
Sincerely,
XU0
Michael Rumpf
Director of Planning & Zoning
S:\Planning\Sherie\PropAppLtr.doc
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425-0310 Phone (S61) 742.6260 Fax (S61) 742-6259
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 02-006
TO'
Michael Rumpf, Director, Planning & Zoning
FROM.
Laurinda Logan, P.E., Civil Engineer, Engineering Department
DATE.
January 4,2002
RE:
Marouf's Car Wash
Administrative Waiver Request - Sidewalk
File No. NWSP 01-017
The attached written request for an administrative waiver for sidewalk construction along the front of the
proposed car wash on Las Palmas Avenue is approved by the Engineering Department.
If you have any questions or need additional information, please feel free to call me at x6482.
LUck
Cc: Jeffrey Livergood, P.E., Director, Public Works
H. David Kelley, P.E./P.S.M., Utility Engineer, Engineering Department
Lusia Galav, Senior Planner, Planning & Zoning
File
l"C\'-'
'rnl '
" ,
--, ['il
,r !,
L".,...
C:\My Documents\Maroufs Car Wash. Administrative Waiver Request - Sidewalk.doc
Tueker, Patrieia
From:
Sent:
To:
Cc:
Subject:
Copley, Judith
Thursday, January 17. 2002 11 :24 AM
Johnson, Eric
Tucker, Patricia
Maroufs Car Wash- Request for Publin Information
Attorney Dennis Koehler (pronounced kay-Ier) is representing the Las Palmas neighborhood group. He wants to review
the Maroufs file and plans and speak with staff. He wanted to do both tomorrow morning. I have filled out the request
form--please let me know if you will call Mr.Koehler to set up an appointment. His number is in WPB 1-684-2844
JwIt/.
1
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell, Chairman
Carol A. Roberts. Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony MasHotti
Addie L. Greene
County Administrator
Robert Weisman
An Equal Opportunity
Affirmative Action Employern
@ printed on recycled paper
December 26, 2001
Mr Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
PO Box 310
Boynton Beach, FL 34425-0310
RE:
Marouf's CM Wash
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic statement for this
project, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach
County Land Development Code. This project is summarized as follows:
Location:
Municipality.
Existing Uses:
Proposed Uses:
New Daily Trips:
Build-out Year"
East side of Federal Highway. North of Gateway Boulevard
Boynton Beach
None
One Stall of Automatic Car Wash
108
2002
Based on our review, the Traffic Division has determined that the project generates less
than 200 new daily trips. and therefore meets the Traffic Performance Standards of
Palm Beach County
If you have any questions regarding this determination. please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
/Y)
cc: H. Burton Smith, PE., Consulting Engineers
File: General - TPS - Mun - Traffic Study Review
F'\TRAFFIC\ma\Admin\Approvals\011214,doc
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1211 ~1L~~1 ~l <1
oblI4~4~~1
I~XACU (iAr~^Av
~A<il:. tll
, ,Testing lIb 01 the Palm Be8ch8S. Inc.
GEOTECHNICAl" ENVIRONMENTAL" CONTRACT DRILLING " CONSULTING ENGINEERING" TESTING 'INSPECtiONS
SFWMD USUAL CONDITION TEST
Client: Steve Marouf
Gateway Texaco
Project Location: Parcel East of Texaco @
NE Comer U.S. I & Gateway
TLPB File No............: 01/237
Date Test Performed: 12/04/01
Performed by............: JM! JM
LOCATION
:~~r~fl.(lt"
i. .;
DEPTH
,.,,, \A\O.tO~::.l.~t.
1:6;,4.8"
48.10'
SOIL DESCRll'TlON
DarkBrQ~ fW'1,~~4A~~)
Light BroWt\'Fine Sand (SP)
BroWn Fine S!Uld (SP)
End of Auger
Water table = 3.0' @ "0.5" hours
Average Q "" 104 glin
or
Krv = 1.4 X 10" cfslft' - ft head
l'!OTES:
The test procedures were conducted in general accordance with the latest South Florida Water
Management DistrictRegulatory Criteria Usual Condition Test Procedures.
the water table depth is the distance fOr the ground surface to the Water table before the addition
of Water.
Hole-diameter'
t>eptl) oHIQI~:
8 inches
.., feet
J, '1
!;,,1
~J;': ....
""
,;'.,>
c\O: Burt Smith, P.E.
Mwl:'Officc\WPWtN\wPOOCS\DRv..LOI\o\.2i111eJ;.Wpd
Respectfully submitted,
TESTING LAB OO'THE'YA'U1 BEACHES, me.
~'~
'c".~
.BY
PROFESSIONAL ENGIN!SERING SERVICES THROUGHOUT sOUTH FLORIDA SINCE 1961
411 So. "H" St",.' P.O. Bail 211, uk. Worth, F1arfd. 83-460 Phon. (661) 585-7515 Fox (S811585--76ZZ