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CORRESPONDENCE ~(./'''L '-~r~~ ,( / .'.. j: /- ~;.;. / ,.. ,I" , I ;... CiTY of . . BOYNTON BEACH ..----. ',;~;.:t;i: . 200 N. Seacrest Blvd. Post Office Box 310 Boynton Beach, FL 33435 (407) 738-7490 OFFICE OF THE PLANNING DIRECTOR January 19, 1989 Mr. Daniel Dowling Safety-Kleen Corporation 777 Big Timber Road Elgin, Illinois 60123 and Delfin Menendez, President MSM Design Group 630 South Dixie West Palm Beach, F~ 33401 , and Enrico Rossi Rossi & Malavasi 1675 Palm Beach Lakes Blvd-suite 407 West Palm Beach, FL 33401 Re: Quantum Park-Safety Kleen-Site Plan File No.: 196 Gentlemen: Please be advised that on Tuesday, January 17, 1989, the City commission denied the referenced site plan. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~ C~J~ CARMEN S. ANNUNZIATO, AICP PLANNING DIRECTOR CSA:ro cc City Manager, Technical Review Board, Central File . I . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 Comprehensive Plan. Motion was seconded by Vice Mayor Hester and carried 5-0. City Manager Cheney stated that these two requests were fairly simple ones, but that in the future others could be more complicated. E. Amend road construction requirements for Quail Run (Woolbright Road) Mr. Golden stated that when Quail Run was approved they were required to construct Woolbright Road from Congress Avenue to Knuth Road as a two lane roadway. Construction was to begin in the spring of 1989. Palm Beach County has programmed the construction of Woolbright Road as a four lane divided highway between Congress Avenue and Military trail for the early 1990's. A problem has arisen in that the design for Woolbright Road prepared by Quail Run for that portion west of S.W. 26th Street became incompatible with the future roadway alignment of Woolbright Road when Quail Ridge was allowed to move the pavement as far north within the right-of-way as possible. The City Commission is being asked to request that the developer not be required to construct that portion of Woolbright Road west of S.W. 26th Street and that no credits against roadway impact fees be granted. A new design will be prepared by Palm Beach County roadway designers which will be compatible with all existing construction. Commissioner Weiner moved to amend the road construction requirements for Quail Run (Woolbright Road) to relieve Quail Run from the responsibility of construction of Woolbright Road west of S.W. 26th Street and that no credit for impact fees be given them. Motion was seconded by Commissioner Mann and carried 5-0. F. Project Name: Agent: Owner: Location: Safety Kleen at Quantum Park Delfin F. Menendez and Enrico Rossi Quantum Associates East side of Alpha Drive cul-de-sac, south of South Park Boulevard Legal Description: Description: Lots 46-B and 46-C (Collectively the "Lot"), according to that certain Quantum Park at Boynton Beach, P.I.D. Plat No. 10, recorded in Plat Book 60, pages 34, 35, and 36, public records of Palm Beach County, Florida SITE PLAN APPROVAL - Request for site plan approval to construct a 14,842 square foot solvent distribution center -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 . , Motion Commissioner Olenik moved to approve the Woolbright Professional Center request for a six month extension of zoning and site plan approval. Motion was seconded by Commissioner Weiner and carried 5-0. B. Consider sign program approval - Boynton Beach Promenade, 901 N. Congress Avenue Vice Mayor Hester moved to table this item as the applicant was not present. Motion was seconded by Commissioner Weiner and after a brief discussion about proper notification of the applicant, the motion carried 5-0. It was noted that there were no personnel present to represent the Building Department. Note: See discussion of this project later in the meeting after the arrival of the applicant (page 21 of these minutes. C. Consider sign program approval - Nuttin' But Ribs Take- out Restaurant, 1017 North Federal Highway George Davis, Architect, was present to represent Mr. and Mrs. Brady who are owners of the restaurant. Commissioner Weiner noted that the CAB had requested that all the letters on the sign be in capital letters. Mr. Davis stated that the Bradys were in agreement with this. Vice Mayor Hester moved to approve the request for the sign program for Nuttin' But Ribs Take-out Restuarant located at 1017 North Federal Highway subject to all staff comments. Motion was seconded by Commissioner Weiner and carried 5-0. D. Consider Palm Beach County Rezoning Request to Intergovernmental Coordination Procedures City Manager Cheney requested this be reviewed relative to rezoing of the N.E. corner of Hypoluxo Road and High Ridge Road, and rezoing on Old Dixie Highway (a County pocket), and to make preparations for any testimony which the City might want to give at the County Public Hearings scheduled for January 23 and 26, 1989. City Manager Cheney stated that he would recommend that the City has no new recommen- dations. Motion Commissioner Weiner moved that the Commission approve the recommendations of the Planning Department regarding the Intergovenmental Coordination Activities as a part of the -11- MTNUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 on lots 46B and 46C (2.19 acres) at the Quantum Park of Commerce Planned Indusrial Development This item was removed from the Consent Agenda for discussion and vote. Daniel Dowling, Safety-Kleen Corporation, 777 Big Timber Road, Elgin, IL 60123, was present to represent Safety-Kleen. He clarified for the Commission that the building would be constructed of 8" split faced blocks and not pre-fabricated materials. Mr. Dowling explained how the process would work. Mayor Marchese was concerned if there was a spillage when the truck is unloading at the tank farm. Mr. Dowling explained their procedure. The driver must be present at all times during the transfer operation (loading or unloading). During the transfer operation, a 16 gallon drum is placed under the body of the tanker. The tanker connections occur within the tank itself. There is an 8' x 8' pad where the body of the tanker rests to catch any residual spillage which might occur after the hose is unhooked. It is not designed for catastrophic loss of a tanker. He referred to the type tankers which come into any gasoline station with flammable materials in their tankers. To put a diked area outside would create a water retention pond and another problem would be created. He felt that the procedure for their solvent transfer operation would resolve 99.9 percent of the problems. He did recognize there was a chance for a serious accident. The drivers have absorbent pads on their trucks in case there is a larger spillage. It would be rare for a hose to burst. Mayor Marchese recognized the fact that a hose could burst while the truck was driving in any area. He questioned what would happen with the rain water. Mayor Marchese asked about the ability to stop the pump operation if something were to happen. Mr. Dowling stated there were two points of connections - the body of the tanker and one inside the tank farm. Both those areas are covered with 16 gallon drums. Mr. Dowling stated that their plans had been reviewed by the Florida Department of Environmental Review (DER) and deemed them technically complete. Mayor Marchese recognized that the preliminary plans look impressive, and he noted that a final set of plans must be submitted. He was concerned about the monsterous facility going up and he asked if the best watch dog would be the fact that the City would have its own environmental expert on staff. He asked when that person might come onboard. City Manager Cheney stated the -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA \ JANUARY 17, 1989 proposed reorganization would be presented at the next City Commission meeting. City Manager Cheney felt the applicant had taken all the precautions they could to prevent a spillage problem. Commissioner Olenik asked about the capacity of the storage tanks. Mr. Dowling stated that two tanks were designed for 20,000 gallon capacity (waste oil) and two were designed for 15,000 gallon capacity (mineral spirits - clean and dirty). Commissioner Olenik asked if the closeness to the C-16 canal would cause any concerns in the event of catastophic loss. Mr. Dowling again referred to the design of the tank farm and noted that it far exceeds any requirements to be able to contain the largest vessel. Their tank farm will contain up to 2~ times that amount. The storm water all flows away from the canal with nothing going toward the canal. The property abuts the canal, but there is 60-80 feet between the property line and the canal. The tank farm is then put on the side furtherest away from the canal. Mr. Annunziato stated that had been a concern, but they have met all requirements and exceeded most. Commissioner Olenik referred to the problems in Delray Beach with Aero-Dri Corporation. He questioned who would pay in case of an accident, and whether any bonds could be held by the City. Mr. Dowling stated that DER requires Safety Kleen to assume financial responsibility. They must show DER that they have the backing to clean up an accident. City Manager Cheney stated that the City had not discussed the possibility of a bond. Commissioner Olenik asked if this was the first hazardous material which would be allowed in the City, other than gasoline stations, etc. City Manager Cheney stated that it was the first that would have 100 percent of its business dealing with this type material. Mr. Dowling stated that any local body shop, one which uses paint thinner, dry cleaners, etc. are all involved with hazardous materials. Commissioner Olenik stated that in this case there was the potential for 70,000 gallons of this type material, and the volume would be greater than anyone else in the City. Mr. Dowling again referred to Safety Kleen's record and the pro- posed design. Mayor Marchese stated that the average person who changes oil in his car might just put it in the ground. He hoped this facility would provide a place for all this waste oil. Mr. Dowling noted that in past years those type materials were put into a dumpster,and then taken to the landfill. This procedure has caused many cities problems with their drinking water. He stated that the sandy type soil in Boynton Beach allows material to permeate quickly. This was the reason they had gone through great precautions in designing their facility. -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 Commissioner Olenik was still concerned that this was something new to the City and he questioned whether other cities require some type of bond to bind these type industries to protect the cities. Mr. Dowling stated that the cities are protected by the State DER. Commissioner Olenik noted that Delray Beach is in the courts now because Aero-Dri does not want to pay. City Manager Cheney did not have the answer, but noted that Delray Beach did not have an agreement with anyone as no DER permit was requested. There was further discussion regarding Aero-Dri as well as Safety Kleen's facility in Delray Beach. Mr. Dowling stated that the State DER has deemed their application technically complete. They must go through a 45 day public comment period of their application. At the end of the 45 days if there is no comment to the contrary, the construction permit is issued. There are many contingencies within that construction permit. After the facility is built it must be certified by a licensed professional engineer that it was built per the plans and must be inspected continually. At the end of facility completion, they must test the piping, the tanks, and prove all systems handling hazardous waste are in top shape and will not leak. The professional must also witness and certify the design and completeness of the system. Then, and only then, is an operating permit issued. Commissioner Weiner stated that she was very unhappy with this whole project. She asked if Mr. Dowling had gotten his hazardous waste permit as yet. Mr. Dowling again explained the process and noted that the application has been deemed complete, but they must wait for the 45 day public comment period, etc. He noted this was a lengthy process, and that they had started the paperwork approximately a year ago. Commissioner Weiner stated that she was uncomfortable with the application as this was the first facility of this type to ask to come into Boynton Beach. She was uncomfortable with the request and would vote against it. Mayor Marchese asked John Guidry, Utilities Director, if he had any doubts in his mind about this request. Mr. Guidry stated that one could always perceive problems. He felt that the TRB review was thorough, and that the project is probably timely. In Mr. Guidry's belief, there was a con- siderable amount of this type material hitting the ground at present. He felt it was a necessary service. It revolves around the question of Quantum Park. He felt there would be other requests which might cause concern for the City, and the City must be prepared to meet that responsibility in understanding the procedure as well as follow up to ensure -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 \ that things happen in accordance with the permits. He did feel that Commissioner Olenik's question was a good one as this is the first facility of this type, and the Ordinance does not address bonding. He could not respond to that question, but felt that from the designs they had reviewed, this is a good project. Mr. Dowling stated that if financial assurances are an issue, Safety Kleen would supply any type assurances the City might require. Commissioner Olenik stated that if in his research City Manager Cheney found that other municipa- lities accept bonds for potential hazardous waste cleanups, and this is included in the City's Code, he asked whether Safety Kleen would comply with that request. Mr. Dowling stated they would if that were part of the requirement at this time or in the future, the corporation should have no problem in complying. They are bondable and have reputable banks (in Chicago). Commissioner Weiner asked if this should be pulled from the Consent Agenda. This was removed at this point. See motion on page 7 of these minutes. Dee Zibelli, former Boynton Beach City Commissioner, stated that when Quantum came in with their plans, it was to be a nice industrial park that the people in North Boynton could be proud of. There was no mention of hazardous waste, and nothing was mentioned about a big Publix Warehouse either. Hazardous waste does concern her. She worried about the rising waters in that area. This had happened in the past and could happen again. She felt this should be given great consideration. Nick Cassandra, former Mayor of Boynton Beach, requested that the Commission consider tabling or denying this request. He reminded the Commission that when the Boynton Commerce Center came in that it was a P.I.D. and they went through what was allowed in permitted use and what was pro- hibited. He did not understand how the TRB and the Planning Department allowed the applicant to get so far. He referred to Section 7, page 1926.1 in the Zoning which spells out uses which are prohibited. This includes petroleum storage, refining or transfer on this list. He felt that petroleum storage must have been used very loosely by saying gasoline. He noted that this applicant is a transfer station. All the tankers will come into the City from allover the area into the 70,000 gallon storage of which 40,000 is oil waste and 30,000 is mineral spirits. He noted that mineral spirits is a distilate of petroleum, better known as petroleum spirits. He noted this was a flammable petroleum area. He was con- -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 cerned that this prohibited use was very loosely defined, and requested the Commission investigate it. He was not in favor of any hazardous waste coming into the City. A P.I.D. was made for that concern so that the City could control what was to be built, where and how to be built. Section 7, page 1926.2, physical Character of P.I.D. site, stated that the site should be suitable for development in the manner proposed without hazards to persons or property on or off the tract. He stated that hazardous waste is a danger. He felt that the City could decide what they would allow to come into the City and not DER. He suggested that the Commission look at the following con- siderations. He works with contaminants as part of his job, and they must contain 105 percent of full possible rupture. He did not feel that Safety Kleen had full containment of 70,000 plus the other 5,000. He noted this is a high electrical storm area. He stated there was no containment around the tank farm. He was pleased there were no underground pipes as a leak could not be detected. He referred to the maintenance program and the fact that the operation would not have 24 hour surveillance. He felt that any spillage which might fall on the 8' x 8' pad would not be absorbed and the vehicle would drive over it and it would be spread. Mr. Cassandra did feel that the facility was out of the influence of the City's Eastern wells and would present no problems. He noted that the facility is vented and that the applicant says there are no odors. He referred to some dangerous products which are odorless but can cause disease without warning. He suggested this facility not be allowed, or that the Commission consider tabling it so that all questions could be anwered and full containment be required. He noted this facility was a transfer station and was for the sole purpose of bring hazardous material into the City. He did not want this to become that type City. Mr. Dowling stated that if they were required to do so, they would increase the capacity so that 105 percent containment was possible. They would raise the tank wall up by 6" or so to bring the containment up to 105 percent of all the tanks. He again referred to the procedure to be used by the trucks, and the problems associated with rain water collection. They could look at putting a permanent curb around the area to collect the rain water. This could be periodically sucked out. The solvent pumps are capable of pumping about 200 gallons per minute. In the worse case it might take 10 seconds to turn a pump off, 40 gallons could possibly spill. The tanks are designed for 100 gallons for that area. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 Commissioner Weiner can or may be done, into Boynton Beach. did not see the problem as being what but that it is hazardous waste coming She would not vote for it. Mr. Dowling again referred to the businesses which deal with hazardous waste. He noted that in this case they were talking dirty motor oil and mineral spirits. These are in most people's homes and are not chemicals which would get on the skin and burn it off. They are ordinary household type materials. Mayor Marchese stated that he had dealt with toxic materials in the airline industry and he knew they were a problem as contaminants and some of they could be real fire hazards. He was in favor of collecting the material, but he was con- cerned about the area being proposed to locate the plant. This kind of facility is needed, but he did not want to locate it in the City of Boynton Beach even though it would provide a good tax base. Commissioner Olenik asked if this was a permitted or prohi- bited use in P.I.D. zoning. City Attorney Rea stated that he did not know exactly what would fall under the definition of petroleum. If some of the substances are petroleum pro- ducts, they would be a prohibited use. Commissioner Olenik was concerned that they were dealing with the spirit and letter of the law. He felt the Ordinance could have been written to include every petroleum byproduct and every type of refining type material, if the intent was to not have them in P.I.D. zoning. He questioned how the Planning Department interpreted the zoning. Mr. Annunziato stated the language also appears in the M-l. In 1975 when the City wrote its zoning code it appeared as well. He understood it related directly to gasoline - in particular the gasoline storage facility on Industrial Avenue. It was narrowly described as relating to gasoline. City Attorney Rea felt if it was the desire to exclude specific type petroleum byproducts the Code would have to be amended daily. Commissioner Olenik noted that one gets byproducts out of a refinery. He asked if they wanted to get specific and amend the Ordinance to include a list of everything they did not want. Vice Mayor Hester asked if City Attorney Rea stated that it was prohibited, and City Attorney Rea stated that the term petroleum storage, refining or transfer was used. He felt that the word petroleum would have one concept for him and perhaps another for others. He noted that some of the pro- ducts were classified as Class IB Flammables. He questioned whether they were explosive or not, but he did not know. -18- ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 17, 1989 City Manager Cheney felt that since the P&Z Board had approved the request, they had identified that this is a permitted use. Commissioner Olenik asked if this question was specifically taken up, and Mr. Annunziato stated that it was taken up separately and went before the Board two or three months ago. Mr. Dowling again stated the steps they had taken. They had worked closely with the Planning Staff, Fire Chief, and Building Department once they find an area they would like to be in. He noted that they are a warehouse, office, distribution center. They had provided copies of their Annual Report and explained to staff just how their company operates. They then checked to be sure the site was out of the flood plan. The site is 17' above mean sea level. He expressed the fact that Safety Kleen is a very professional organization and has been around for 20 years. They pride themselves in doing things right. He further gave some of the background regarding the establishment of Safety Kleen. He told about the cities and countries where they have faci- lities, noting they have 175 facilities. Mr. Dowling stated that the use of the two 20 gallon tanks would be in the future. It is a projected program for the next 5 years. The two 15 gallon tanks would be used for mineral spirits. Commissioner Olenik read from Webster's Third New International Dictionary which defines petroleum as "an oily, flammable, bituminous liquid that is in the crude state and often has a very disagreeable odor and may vary from almost colorless to black, but is usually of a dark brown or greenish hue and sometimes florescent that occurs in many places in the upper statra of the earth either...lt is subjected to various refining processes for producing useful products as gasoline, naptha, kerosene, fuel oils, lubricants, waxes, asphalt and chemicals." He noted that gasoline and fuel oils are included as a part of petroleum. Mr. Dowling stated that the dictionary mentioned petroleum as a flammable material. Commissioner Olenik stated that the Ordinance states that the storage and/or transfer of petroleum is prohibited. Mr. Dowling stated that mineral spirits is not a flammable material, but is defined as com- bustible. Commissioner Olenik felt that the Ordinance stated that any type of a petroleum product transfer, refining or storage would not be permitted in the P.I.D. zoining. Mr. Dowling stated that they had been through use approval and he could not see how the steps work in the City. He felt they had been through all the steps necessary. If their use was not a permissive one, he asked why they had -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA " JANUARY 17, 1989 not been so advised. This could have saved them much time in the review process. City Manager Cheney felt it was a question of definition. The P&Z Board looked at petroleum as gasoline and stated that Mr. Dowling's use would be fine. A different judgment of what that Ordinance means has been heard at this meeting. Commissioner Weiner noted that the safety of the citizens stops with this Commission. Mr. Dowling agreed but noted those who had reviewed the application and noted they were available and had reviewed the plans. Commissioner Olenik pointed out their view was an interpretive one and not a lack of expertise. City Attorney Rea stated that the P&Z Board is directed to make a finding that the proposed use will not be in conflict with performance standards listed. There was further discussion, and Commissioner Olenik stated that it is up to the City Commission to interpret the meaning of petroleum. There was discussion regarding flammable and combustible materials. Motion Commissioner Weiner moved that the request from Safety Kleen at Quantum Park, located on the east side of Alpha Drive cul-de-sac, south of South Park Boulevard, for site plan approval to construct 14,842 suqare foot solvent distribu- tion center on Lots 46B and 56 C (2.19 acres) at the Quantum ~ Park of Commerce Planned Industrial Development be denie~. ~ ~ommissioner Olenik seconded the motion which carried 5~ After a short break, the meeting resumed at 8:20 P. M. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-1 Re: Amend Ordinance No. 88-48 to correct scrivener's error City Attorney Rea read proposed Ordinance No. 89-1 on second and final reading in title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 88-48 TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO IDENTITY OF THE OWNERS AND AGENTS REQUESTING ANNEXATION INTO THE CITY; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ORDINANCE NO. 88-48 SHALL REMAIN IN FULL FORCE AND EFFECT AS -20-