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CORRESPONDENCE The City of Boynton Beach OFFICE OF THE CITY ATTORNEY 100 E, Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 : (561) 742-6050 FAX' (561) 742-6054 JAN 2 3 31M January 21, 2004 Ms, Hope Delong 707 Presidential Drive Boynton Beach, Florida Re: Gateway Texaco Dear Ms. Delong: Please be advised that a meeting has been scheduled for Wednesday, January 28,2004 at 7 :00 p,m. in Conference Room B, 2nd Floor of City Hall, regarding the Gateway Texaco Station. Wewere unable to reach you by telephone and would like to take this opportunity invite you to attend this meeting with the City Manager and myself. Should you have any questions, please feel free to call my office at your earliest convenience. Very truly yours, }1/Wl2S C1cu'611UL James A. Cherof City Attorney JAC/mr cc: Kurt Bressner, City Manager Quintus Greene, Director of Development S:\CA\LETTERS\JAC\Texaco Station - Residents Ltr,dot America's Gateway to the Gulfstream The City of Boynton Beach OFFICE OF THE CITY A lTORNEY 100 E, Boynton Beach Boulevard PO, Box 310 Boynton Beach, Florida 33425-0310 : (561) 742-6050 FAx:' (561) 742-6054 JAN 2 3 2004 January 21,2004 Ms. Sandra Bailey 644 Las Palmas Park Boynton Beach, Florida Re: Gateway Texaco Station Dear Ms. Bailey: This letter will confirm the meeting scheduled on Wednesday, January 28,2004 at 7 :00 p.m. in Conference Room B, 2nd Floor of City Hall in reference to the above matter. Should you have any questions, please feel free to call my office at your earliest convenience. Very truly yours, ~~~Ck16I~ J Jes A. Cheraf City Attorney JAC/mr cc: Kurt Bressner, City Manager Quintus Greene, Director of Development ./ CaIletters/jac/gateway texcao-Itr to resdients America's Gateway to the Gulfstream The City o.f Boynton Beach OFFICE OF THE CITY ATTORNEY 100 E, Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 : (561) 742-6050 FAX: (561) 742-6054 JAN 2 3 2004 ! ! r': ' : L~'8 ~~~_,~ _.~..:....~.~~_-=- ,~__.__ January 21,2004 Mr. David Teitsma 656 Las Palmas Park Boynton Beach, Florida Re: Gateway Texaco Station Dear Mr. Teitsma: This letter will confirm the meeting scheduled on Wednesday, January 28,2004 at 7 :00 p.m. in Conference Room B, 2nd Floor of City Hall in reference to the above matter. Should you have any questions, please feel free to call my office at your earliest convenience. Very truly yours, ~S tA l21tu( Il/wL James A. Cherof City Attorney JAC/mr cc: Kurt Bressner, City Manager Quintus Greene, Director of Development J CaIletters/jac/gateway texcao-Itr to resdients America's Gateway to the Gulfstream The City of Boynton Beach OFFICE OF THE CITY ATTORNEY 100 E, Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 : (561) 742-6050 FAX' (561) 742-6054 JAN 2 3 2004 January 21,2004 Robert and Carol Muchel 637 Las Palmas Park Boynton Beach, Florida Re: Gateway Texaco Station Dear Mr. & Mrs. Muchel: This letter will confirm the meeting scheduled on Wednesday, January 28,2004 at 7:00p.m. in Conference Room B, 2nd Floor of City Hall in reference to the above matter, Should you have any questions, please feel free to call my office at your earliest convenience. Very truly yours, ~s 14 Z'-tJ-, ~ !~p'- James A. Cherof City Attorney JAC/mr cc: Kurt Bressner, City Manager Quintus Greene, Director of Development /' Calletters/jac/gateway texcao-ltr to resdients America's Gateway to the Gulfstream The City of Boynton Beach OFFICE OF THE CITY ATTORNEY 100 E. Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 : (561) 742-6050 FAX' (561) 742-6054 January 21, 2004 Ms. Julie Szymkowski 655 Las Palmas Park Boynton Beach, Florida Re: Gateway Texaco Station Dear Ms. Szymkowski: This letter will confirm the meeting scheduled on Wednesday, January 28,2004 at 7 :00 p.m. in Conference Room B, 2nd Floor of City Hall in reference to the above matter, Should you have any questions, please feel free to call my office at your earliest convenience, Very truly yours, ~J\I;Ib) v'\ LL4 \ lIP- J ames A. Cherof City Attorney JAC/mr cc: Kurt Bressner, City Manager Quintus Greene, Director of Development / Calletters/jac/gateway texcao-ltr to resdients America's Gateway to the Gulfstream The City of Boynton Beach OFFICE OF THE CITY ATTORNEY 100 E, Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 : (561) 742-6050 FAX' (561) 742-6054 JAN 2 3 2004 January 21,2004 Ms. Sally Dalton 650 Las Pa1mas Park Boynton Beach, Florida Re: Gateway Texaco Station Dear Ms. Dalton: This letter will confirm the meeting scheduled on Wednesday, January 28, 2004 at 7 :00 p.m. in Conference Room B, 2nd Floor of City Hall in reference to the above matter. Should you have any questions, please feel free to call my office at your earliest convenience. Very truly yours, ~CVvRO ~ -4 ' &hJA-O I (;UL , J ames A. Cherof City Attorney JAC/mr cc: Kurt Bressner, City Manager ,.-/' Quintus Greene, Director of Development Ca/Jetters/jac/gateway texcao-ltr to resdients America's Gateway to the Gulfstream It l!,,((/.. -fAj "{'rl,tA (r -: I 'i'-./ v- Ii> lo., ,..( / c( (' /) I MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR"", ON TUESDAY, OCTOBER 14, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Alexander DeMarco Don Fenton Charlie Fisher Michele Hoyland Henderson Tillman Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller Annette Gray, Administrative Assistant I. Call to Order Chairman Finkelstein called the meeting to order at 6:32 p.m. II. Roll Call The Recording Secretary called the roll and declared that all members were present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chairman Finkelstein asked the Board if they desired to move up Item A. under New Business, "Selection of Feasibility Study Team for Savage Creatures of Ancient Seas Attraction" to be heard after Public Audience. Mr. Fenton requested to move up Item B. under Old Business, "Discussion of Douglas C. Hutchinson's Employment Contract." Mr. Fenton said that he had asked that this item be placed on the agenda for reconsideration and must leave early since he just came out of the hospital. He would like to discuss this and the Feasibility Study so that he could leave. Chairman Finkelstein suggested that this be heard after the Selection of the Feasibility Study Team item. Motion Mr. Fenton moved that Item B. under Old Business and Item A. under New Business be moved to be heard after Public Audience. Motion seconded by Mr. DeMarco and was carried by a majority vote. Meeting Minutes - '"v......U...IL., n.lCUlCVlCIU.......lC..1L. "'~lC""'1 Boynton Beach, Florida October 14, 2003 Mr. Hutchinson inquired if the Board wished to identify items that they wished to address at a continuation of tonight's meeting in the event people who were in the audience to hear those items could leave. Chairman Finkelstein stated that there was discussion to move the following items to the continued meeting: ~ Old Business, Item A, "the Jonathan Ricketts, Inc. Contract." ~ New Business, Item C, "Consideration of the Business Genesis Program." ~ New Business, Item D, "Consideration of Acquisition Underwriting or Heart of Boynton Properties." ~ New Business, Item E, "Consideration of Request for Appraisal on Phase 1 Redevelopment Properties in the Heart of Boynton Area." ~ New Business, Item G, "Consideration of a proposed amendment to the existing contract with Kimley-Horne." Mr. Hutchinson stated that October 30, 2003 is the proposed date for the continuation meeting. Motion Vice Chair Heavilin moved to remove Item VIII.A, and Items IX. C.D.E. and G. to the continuation meeting of October 30. Motion seconded by Ms. Hoyland and unanimously carried. B. Adoption of Agenda The agenda was accepted, as amended. IV. Consent Agenda A. Approval of Minutes: September 9, 2003 Meeting and September 24, 2003 Workshop Ms. Hoyland had a question under the paragraph entitled "Consideration of Employment Contract for CRA Executive Director" on page 3492 of the minutes. She recalled asking a question about subsequent year pay increases and noted that this was not included in the minutes. Ms. Hoyland asked if the minutes were prepared verbatim or by discussion. Chairman Finkelstein noted that the minutes are not verbatim minutes, but present a general overview of what transpired at the meeting. Ms. Hoyland requested that this discussion be included in the minutes. With regard to the September 24,2003 Workshop Minutes on page 3496, Ms. Hoyland noted that the word "City" appearing after Ms. Gray's name should be removed and' on page 3497 the word "identify" should be changed to "identity." 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 14, 2003 B. Financial Report Included in the agenda packet C. Approval of Petty Cash Form With regard to the Petty Cash Form, Chairman Finkelstein pointed out that there is no place to list the payee's name and requested that this be included on the form. He recommended including it in the second sentence of Section 1 so that it would read, "This form provides for identification of: dollar amount of receipt or expenditure, reason for purchase, payee and signature of employee receiving petty cash." Mr. Fisher recommended changing the column entitled "Purpose" to "Purpose/Payee." Motion Ms. Hoyland moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. V. Public Audience None IX. New Business (Addressed Out of Order) A. Selection of Feasibility Study Team for Savage Creatures of Ancient Seas Attraction Motion Mr. Tillman moved to select the Baker Leisure Group Partnership to do the Feasibility Study for the Savage Creatures of Ancient Seas Attraction. Motion seconded by Ms. Hoyland. Mr. Fisher pointed out that both finalists presented excellent presentations, but he felt more comfortable with the answer given by the Baker Group that they would inform the Board if the project were not financially doable. He was not comfortable with the response from the Lord Group. Mr. Fisher felt that there was a comfort level if the City went with the Baker Group since many members of that team were local. Vote The motion carried 7-0. VIII. Old Business (Addressed Out of Order) 3 Meeting Minutes ,",UUI II I UII n.y n.CUt::VCIUtJlI u:;:rll "'yt::lI\. Y Boynton Beach, Florida October 14, 2003 B. Discussion of Douglas C. Hutchinson's Employment Contract Chairman Finkelstein said that if the Board wished to reconsider this item, one of the members of the prevailing side must make a motion to reconsider it. Mr. Hutchinson added that if there were any questions, he would like them referred to him early in the discussion, after which he will dismiss himself from the hearing. Mr. Fisher asked Mr. Hutchinson if there was any information not presented at the last meeting that would justify this Board re-Iooking at the pay increase. Mr. Hutchinson responded that the information furnished at the last meeting was accurate. It included a survey of the average salaries of CRA Directors in the area conducted by the human resources consultant, the work that he has done, and he has not had an opportunity to do an analysis. He wished to rely on what has already been presented and the work he has performed over the past year. Motion Ms. Hoyland moved to reconsider the item. Motion seconded by Mr. Tillman. The Recording Secretary called the roll and the motion carried 4-3 (Chairman Finkelstein, Charlie Fisher and Vice Chair Heavilin dissenting). Ms. Hoyland pointed out that at the previous meeting she posed the question as to whether Mr. Hutchinson would be expecting a similar pay increase in subsequent years and would this Board be looking at another 16% pay increase every year until Mr. Hutchinson is priced out. Ms. Hoyland said that she has spoken with other CRA's and the memorandum presented at the last meeting was current, but was prior to the new budget year and salaries would be going up. Ms. Hoyland felt that Mr. Hutchinson and the entire staff are doing a good job, but she cannot support a 16% pay increase every year after this year. She would, however, be supportive this year to bring him closer to the average of other CRA's Directors in the area and closer to his median. In the following years, she would request that Mr. Hutchinson be subject to pay increases that other employees receive, which would probably be around 3%. Ms. Hoyland has discussed this with Mr. Hutchinson and he is comfortable with this. Mr. Tillman said that even though he was not present at the previous meeting, he still supports his figure of $93,500. He felt that $93,500 was a medium figure and he considered this a fair number due to how effective Mr. Hutchinson has been in his position. Mr. Tillman pointed out all the activities that are now taking place downtown and he has put a lot of thought into this. It would be a bad signal to developers if the Board did not retain Mr. Hutchinson as CRA Director. He further felt that Mr. Hutchinson was worthy of the 16% increase 4 Meeting Minutes - ~. - ~ .....v.. ... ...... ...., .".;owl!;; v ~I\Jt'.' I.;a IlL. M.~'C' ...., Boynton Beach, Florida October 14, 2003 Mr. Fisher pointed out that it is taxpayer money that is being spent for Mr. Hutchinson's salary and this Board is accountable to the taxpayers. He noted that Mr. Hutchinson's contract was reviewed six months after the initial signing and now it is being reviewed a second time. He questioned if this would be a continuing practice. He pointed out that Mr. Hutchinson could be paid $120,000 and he could still leave tomorrow. Mr. Fisher said that it was business, not personal. He did not think that Mr. Hutchinson's salary should be compared to the Delray Beach CRA Director's salary, since Delray Beach is more established and larger than Boynton Beach's CRA. Giving Mr. Hutchinson a 16% raise is not a good use of people's tax dollars. He felt Mr. Hutchinson was doing a very good job, but if he wanted to leave, it was his choice. Mr. Fisher also noted that Mr. Hutchinson could come back to the Board in another six months and ask for an increase. Vice Chair Heavilin agreed with Mr. Fisher's comments. The Board was very fair in granting Mr. Hutchinson a 10% raise and it was written into the contract that his salary would be reviewed within six months. She further pointed out that the figures presented did not accurately reflect the benefits that Mr. Hutchinson receives. Vice Chair Heavilin questioned if Mr. Hutchinson was actually the driving force for all the development coming into the City and thought it would have come in regardless of who the Director was. She wished to remain with 10% with a six-month review. Mr. Fenton disagreed with the previous comments. He pointed out that Boynton Beach's CRA was the last in the County and he felt strongly that Mr. Hutchinson was the dynamics behind what is happening in the City. He pointed out that Mr. Hutchinson has between 15 and 20 years experience in the business. The TIF income has greatly increased under his leadership and this Board. Mr. Fenton was in support of Mr. Hutchinson receiving at least $93,500, which is $500 above the lowest paid CRA Director. Mr. DeMarco concurred with Mr. Fenton's comments. He pointed out that every person that he has brought to the eRA office spoke highly of Mr. Hutchinson and his staff. He felt that they are doing a fantastic job and pointed out that there is almost $1 billion on the drawing board, involving six to eight different developers. He would like to see Mr. Hutchinson receive the recommended $93,500 and that the Board move onto other things. Ms. Hoyland asked Attorney Payne if the Board could remove language from Mr. Hutchinson's contract or would it have to be brought back to an advertised meeting. Ms. Hoyland said that if she supported the higher salary, she would like the language in Mr. Hutchinson's contract that his salary be reviewed again in six months removed. Attorney Payne said that this language could be included in the motion. Attorney Payne pointed out that the contract is on the agenda and therefore has been advertised. Ms. Hoyland stated that if Mr. Hutchinson's salary were increased to $93,500, she would not want the contract to come back to the Board in six months for review. 5 Meeting Minutes - . ,-v...un,1I .",1 n.c;...c;vc;n........c:;. n. "'~C:;""'1 Boynton Beach, Florida October 14, 2003 Ms. Hoyland thought that Mr. Hutchinson should be dealt with the same way other employees are and that he should have an annual performance evaluation and then receive a merit raise based upon that evaluation. She was not in favor of Mr. Hutchinson receiving such a large increase each year. Attorney Payne noted that the raise would be retroactive to June 1st and asked if the 12- month period would go to June 1st. Ms. Hoyland felt that his pay should be retroactive, but his contract date should begin today and his annual performance evaluation would be the date he signs his contract. Chairman Finkelstein thought that going from $80,000 to $88,000 was a substantial increase and was only $5,000 below the salary of the Delray Beach CRA Director. He also noted that Mr. Hutchinson receives $1,100 more in car allowance than the Delray Beach CRA Director, in addition to all the other benefits he receives. Motion Ms. Hoyland moved to approve the Executive Director's salary at $93,500.00 with the contract being modified to remove the language that refers to consideration of a bonus or pay increase six (6) months from the contract signing and that the annual increase should be one (1) year from the signing of the contract. Motion seconded by Mr. Tillman. Mr. Fisher pointed out that Mr. Hutchinson would be receiving more than a 10% increase without showing any goals attained or presenting any documentation of how he attained his goals and what his future goals are. To him, this was no justification for spending this amount of money. Mr. Henderson called for a point of order. The Recording Secretary called the roll. Vote Motion carried 4-3 (Chairman Finkelstein, Vice Chair Heavilin and Mr. Fisher dissenting). Attorney Payne administered the oath to all persons who would be testifying. (Mr. Fenton left the meeting at 7:15 p.m.) VI. Public Hearing Mr. Rumpf inquired if the Board wished to hear a summary of all items, including the variances and conditional use application with staff providing the corresponding recommendations, or to address each item separately. 6 Meeting Minutes ...."'................. ..._.........._......ylllllli\io.o...... "":;,............, Boynton Beach, Florida October 14, 2003 Chairman Finkelstein stated that since staff's report is for the same project, he suggested that staff present an overview and the Board could then address each item. A. Zoninq Code Variance 1 . Project: Agent: Owner: Location: Description: 2. Project: Agent: Owner: Location: Description: Gateway Texaco (ZNCV 03-010 thru 03-012) Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97 foot variance, resulting in a distance of 23 feet, and to allow a 88 foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet from an existing gas station business; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gas station business. Gateway Texaco (ZNCV 03-013) Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental 7 Meeting Minutes - ..~ - . -' .....v.............., 1lI...._...._.-............................. ......::."""..""1 Boynton Beach, Florida October 14, 2003 3. 4. Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Description: Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station. Gateway Texaco (ZNCV 03-014 and 03-015) Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station's business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2 foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business. Gateway Texaco (ZNCV 03-016 and 03-017) Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gas station building; and Request for relief from the 8 Meeting Minutes - ........................, ...............~........"""'~..........""" '-'::f....;.o..""1 Boynton Beach, Florida October 14, 2003 5. Project: Agent: Owner: Location: Description: 6. Project: Location: Owner: Location: Description: City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (d) (a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a five (5) foot buffer for an existing gas station business. Gateway Texaco (ZNCV 03-023) Beril Kruger, Planning and Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III, Section 5 requiring that all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in a five (5) foot setback for an existing gas station business. Gateway Texaco (ZNCV 03-024) Beril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Environmental Regulations, Article II, Section 3.B.4, to allow parked vehicles to encroach two and one-half (2.5) feet into the rear five (5) foot landscape buffer area required by code for an existing gas station business in a C-3 zoning district. Maxime Ducoste-Amadee presented the items on behalf of staff. All items being reviewed are in conjunction with a major site plan application and conditional use approval for a 600 foot addition to a non-conforming gasoline establishment. The first three items are the driveway variances. With regard to the first request, the Land Development Regulations require that driveways be located 120' from the intersection of right-of-way lines along streets of high classification. Referring to the site plan, there are two driveways along Federal Highway that do not meet the 120' distance separation. The second request requires that interior driveways shall be located not less than 30' from any interior property line 9 Meeting Minutes -__._ _._ _It. _ ___ --......-.""..., ...---...-"-........_.11.. ...-,:::JI-......., Boynton Beach, Florida October 14, 2003 (the driveway to the north), and the third request is that the driveway should be limited to one per street frontage. In this particular instance, there are two driveways on Federal Highway. With regard to the building setback, the applicant is requesting a 10' rear yard setback for a 600 square foot addition and the code requires a 20' rear setback. Regarding the canopy and gas pump island setback variances, the LDR requires that no canopy shall be located less than 20' from any property line and the applicant is requesting a 10.5' variance that would result in a distance of 9.5' for an existing canopy. The variance request for the pump island is to allow a 10.2' variance that would result in a distance of 19.8' for the existing gasoline pump island. The LDR requires that no gasoline pump island shall be located less than 30' from any property line. The code requires a 10' wide landscape buffer along street frontage and the applicant is requesting a zero landscape buffer along Federal Highway and Las Palmas Avenue. Lastly, the LDR requires a 10' wide landscape buffer on all interior property lines and the applicant is requesting a variance of 5' to allow a 5' buffer for an existing gas dispensing establishment. With regard to the sign setback, the code requires that a freestanding sign must be located a minimum of 10' from the property line and the existing sign is 5' along North Federal Highway, resulting in a 5' setback. The last item deals with parking vehicles to allow an encroachment of 2%' into the existing rear 5' landscape buffer area. Mr. Eric Johnson, Planner, presented the Conditional Use Item on behalf of staff. 8. Conditional Use 1. Project: Agent: Owner: Location: Description: Gateway Texaco (COUS 03-007) 8eril Kruger, Planning & Zoning Consultants SUAU Enterprises 2360 North Federal Highway Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district. Mr. Johnson explained that the applicant is proposing new parking spaces and an access drive that would link the subject property to the property directly to the east and 10 Meeting Minutes -.. - . - - -..................""'"' ....---.-..............-..... .........::1............, Boynton Beach, Florida October 14, 2003 a general cosmetic makeover of the gas station. The gas station property is totally separate from the property directly east. Mr. Johnson said that discussion would be limited at this time to the gas station and the gas station property. The car wash will be addressed later. The gas station is a legal non-conforming use because it does not comply with the City's LOR that requires gasoline stations to be located at intersections that have four lanes or wider. Las Palmas Avenue is not four lanes. Last year the applicant requested to build an addition to the property as well as making some site improvements, and the Planning and Zoning Division issued an Administrative Determination Letter denying the request. The applicant appealed the denial on July 31, 2002 and the Planning and Zoning Division recommended denial of the appeal with the CRA concurring. However, the City Commission approved the applicant's request to conceptually approve the addition. The appeal was conditional that the building would be 600 square feet or less. The application should be considered a major site plan modification, as well as a conditional use. Conditional uses must meet a number of criteria, one being ingress and egress to the site. The gas station has three existing driveways and since none will be altered, two variances are required. There is no sidewalk along Las Palmas Avenue and the Engineering Division is requiring that a sidewalk be put in, which the applicant does not wish to install. The parking requirement for gas stations is based on one parking space for 250 square feet of gross floor area and the project meets this requirement. The project requires 10 parking spaces and the applicant is proposing 12. One of the parking spaces encroaches into the required rear yard buffer. A third criterion for evaluating a conditional use is refuse and service areas. The dumpster is currently located in the southeast corner of the property and the applicant is proposing a slight readjustment of the location. Staff agrees with this location. The utilities are consistent with the Comprehensive Plan and all potable water and sanitary sewer service will be maintained, and the addition would have no impact on these services. Gas stations are required to maintain a 10' wide landscape buffer along rights of way and a 10' wide landscape buffer along the interior property lines. The proposed plan is deficient, thus requiring the variances. Mr. Johnson noted that a buffer wall will be required for the gas station since it will abut the car wash. The project is proposing an additional sign on a non-conforming structure that would be located on the corner of Las Palmas Avenue and Federal Highway. Staff is unaware if the additional signage being proposed on the existing sign would be in compliance 11 Meeting Minutes - - --- ..- .- ~ ~ - - -' - - -.-.- - -- -~ - -.- '"- . - -- .- -- . --........-...-. ....---- ~.-......_.._.. ";I-""-i Boynton Beach, Florida October 14, 2003 since the dimensions have not been furnished. Staff wants to avoid having signage fhal would degrade the developmenfs appearance. The proposed building addition does not meet the rear setback requirements and the applicant is requesting a variance. The use is an existing use and, generally speaking, it is compatible with the surrounding area. The existing gas station also meets the height restrictions of a C-3 zoning district. The City Commission approved the Administrative Appeal to allow a 600 square foot addition and the proposed addition is 681 square feet. There are 40 conditions of approval and staff is recommending approval, contingent upon the granting of the variances that are included in the 40 conditions of approval. Beril Kruger, representing the petitioner, addressed the sidewalk, which is being required by the Engineering Division to be placed along the gas station and the car wash. Mr. Kruger requested a waiver for the sidewalk because the project being built across the street will have a sidewalk along the entire length of Las Palmas. Thus, in his opinion there would be no need for the applicant to put in a sidewalk since it stops at the end of the applicant's property. If the sidewalk were extended to the end of Las Palmas, they would be agreeable to putting one in. They would like to have a waiver of the sidewalk until it is extended. He also saw no reason for the sidewalk since there are only five or six houses on Las Palmas. Mr. Kruger said that they were withdrawing the request for a variance for the parking space encroachment into the rear buffer since they only have to provide 10 parking spaces. Mr. Kruger pointed out that the addition to the building would only be 600 square feet. The distance between the existing gas station and the new building is only 8' and all the air conditioning and refrigeration equipment will be placed in that location on the north side. It is buffered from the residences and would not be visible or cause any noise to the residents. Because of this, they are requesting the 10' setback. With regard to the sign, it is an existing sign. It is located 5' from both rights of way. It is a Texaco sign with the Texaco colors and lists the prices of the gasoline. They do not intend to change the sign or the existing driveways. The gas station has been at this location since 1960 and the convenience store is supported by the neighborhood by providing the residents an opportunity to purchase what they need without having to drive up to Hypoluxo Road. Mr. Kruger requested that the Board approve the variances with the exception of the rear encroachment into the buffer. Chairman Finkelstein opened the public hearing. 12 Meeting Minutes . ,",VIIIIII""I""Y n...."...;;:V...IVf.lIII...Il" ,",yt:II\';Y Boynton Beach, Florida October 14, 2003 Sally Dalton, 650 Las Palmas Park, has lived at her current address for 31 years, and she had concerns for the children that would be moving into The Harbors that would have to pass by the gas station. Ms. Dalton was concerned about the traffic in the area and for the safety of the children. Jim Warnke, 617 Lakeside Harbor, resides north of the gas station. He felt that the amount of variances that the applicant was requesting was extreme and questioned why the City had codes. This is a very busy intersection, and he did not want to see any more driveways added. He was against the applicant's requests for all the variances. He also would like to know if the car wash were permitted, whether it would be a full service or self-service. He brought up the possibility of noise and lighting that would emanate from the car wash. He requested that the applicant address his concerns and asked what guaranties the City had that the applicant would abide by the decisions of the Board. Chairman Finkelstein said that the car wash questions would be addressed when that item is heard. He also reported that he had received a letter from Mr. Warnke in opposition to the variances. Carol Muchel, 637 Las Palmas Park, pointed out that there are 21 houses on Las Palmas Park, and she is opposed to any expansion or increase to the gas station because she considers them not a good neighbor. She said that the store not only sells grocery items, it sells beer, knives and pornographic material. With the addition of The Harbors, traffic would increase and if the gas station were enlarged, this would increase traffic more. She reported that there have been between 70 to 80 police calls to the gas station in one year. There are drunks that sleep on the berm under the sign and the beer truck deliveries block one lane of Las Palmas, which is only a two-lane street. Ms. Muchel requested that the variances be denied. Brian Edwards, 629 NE 9th Avenue, said that he has been patronizing this establishment for many years and felt that the congestion in this area needs to be addressed. He felt that the congestion would greatly increase once the Intracoastal Park and The Harbors opens. Mr. Edwards stated that it was the responsibility of the CRA to help facilitate the traffic and to address the neighbors' concerns. He was in favor of granting the variances, but asked the Board what they intended to do about the parking issue. Sergio Casaine, 13 Meadows Park Lane, has been a customer of the gasoline station for a long time. He feels that they are good neighbors. He has counted the number of people that frequent the gas station and in five hours over 250 people used their services, with a majority of people being Boynton Beach residents. He pointed out that the owner is serving the residents of the City and that the prices are reasonable. He also shared the concerns of the residents regarding the buffering and variances. Mr. Casaine felt that the services that the gas station provides are necessary in the area and he requested that the Board support the applicant's requests for the variances. 13 Meeting Minutes \..OrTllTlU III LY r\.CUC::Vt:IUtJ11IC::1I L ",yt:IICY Boynton Beach, Florida October 14, 2003 Ardith Teitsma, 656 Las Palmas, presented a letter from other neighbors that were in opposition to the expansion of the Texaco station, citing safety as a factor due to the construction of The Harbors. They had a meeting at their house with the Boynton Beach Police Department that informed them that there is continued illegal activity taking place at the gas station, such as drug dealing and soliciting of prostitution, which is visible at all times. Because of the overflow from the station, there are many undesirable people entering their neighborhood, affecting their security. She further stated that the City Commission is not listening to their concerns and that people in this area pay double the taxes that the gas station does. She was also opposed to the car wash and felt that the lot was too small to support a car wash, thus affecting property values. She further pointed out that there are drainage problems that were never addressed in the neighborhood. Sandra Bailey, 644 Las Palmas, has lived at her house for 31 years. She said that they were informed that the two lots could not be joined because they were non- conforming, and if the driveway were put in, it would join the two lots. She pointed out that the placement of the driveway would be very close to a utility pole. She presented photographs of a woman sleeping on the swale between Las Palmas and the gas station at 8:30 a.m. She pointed out that when Hurricane Irene came through, their street was totally flooded. She questioned why there was no gate proposed to close off the driveway to the car wash. Without a gate, the property would be left entirely open. Ms. Bailey asked if the parking was sufficient for a gas station and a grocery store. Julie Szymkowski, 655 Las Palmas, has been a Boynton Beach resident for 33 years. She was also speaking on behalf of Colleen Beckner, Mark Mordaunt, Dr. and Mrs. Stanley Chi and the Delong family. She pointed out that the owner of the gas station does not live in Boynton Beach and is asking for far too many variances for a non- conforming business. She felt that the variances would compound and block traffic and presented a safety hazard. She said that visibility within the property is not good when people exit the gas station building to get to their vehicles. She also was concerned about the children moving into The Harbors that would have to wait for a school bus during the gas station's busiest time. Robert Muchel is a resident of Las Palmas Park and had letters from residents who were unable to attend. One of these residents has an autistic child and another one cannot speak. Mr. Muchel read the letters into the record, which dealt mainly with their concern about the increase in traffic and safety. Also mentioned were the type of people that would enter the neighborhood. The letter suggested that if the owner of the gas station wanted a larger station that he should move to a larger property. Mr. Muchel presented photographs of the flooding that has taken place in the area. He also brought up the point that if the two properties were joined they would become one. David Teitsma, 656 Las Palmas, stated that he has lived in Boynton Beach for over 20 years and has frequented the gas station for many years. He is familiar with the owner 14 Meeting Minutes -. . "-U.IIi....""....., .'-';;U'iWiw";';aU..,.I..t;;;i..", I""\~CI.~' Boynton Beach, Florida October 14, 2003 and felt he was a good neighbor. However, he felt that the proposed zoning variances will make the area dangerous and he has had several close calls with his automobile. He felt the area was too small for any additional traffic. Chairman Finkelstein closed the public audience. Mr. Kruger stated that they are asking to build a 600 square foot addition on the rear of the building for storage only, which would not increase traffic. The reason that they need these variances is that they are requesting approval for a major site plan and staff asked them to apply for the variances. Nothing would change if they did not build the addition. He pointed out that they would be changing the colors of the building. Mr. Kruger presented an artist drawing of how the new colors would look, which would be a great improvement. The landscaping will be increased. They will be removing any landscaping between the property line and the street and will be putting landscaping on their property along the south border that will consist of a 7' landscape strip. Anywhere that landscaping could be added, they will add it. Staff has approved the site plan and landscape plan and they have tried to accommodate all staff requests. Mr. Kruger said that there would be a rolling gate to lock the property on the north side entrance to the car wash and a gate on the Las Palmas exit. With regard to lighting, there will be no lighting on the site, except for security lighting and the car wash will only be open during daylight hours. That was a condition when the car wash was originally approved. With regard to flooding on the property, they will be installing exfiltration trenches to eliminate any flooding. The car wash will be smaller than intended and there will be exfiltration trenches for the drainage. Mr. Kruger pointed out that because the business is successful, there is traffic and there will always be traffic. Mr. Kruger felt that within time the prostitution problem would be eliminated as well. Mr. Fisher pointed out that the problem with prostitution and drugs was not being generated as the result of the gas station. Federal Highway is the problem. Since Delray Beach moved prostitution and drugs out of their City, it has moved to Boynton Beach. Mr. Fisher noted out that the undercover police are constantly working in this area. With regard to the flooding, Mr. Fisher felt that this was a separate problem from the project and should be brought to Mr. Sugerman's attention in order to get it fixed. Mr. Fisher felt that the improvements to the property would actually help the neighborhood. Ms. Hoyland thought that because the property is legally non-conforming, it presents a hardship on the property owner. She is in full support of the property being upgraded and noted that improving the property would be beneficial to the area. Hopefully, with better site circulation, the delivery trucks could move off the street and onto the property to make deliveries. 15 Meeting Minutes - - . '"-U...........IILt ."'...-;;....-.;;.~.Ut'...'Ii;;.IL '""'::I~I.~' Boynton Beach, Florida October 14, 2003 Ms. Hoyland stated that there are some variances that she cannot support, but she is supportive of the variance for the driveway, the canopy along Federal Highway, and the landscape variance. Staff has stated that the sign is not being modified except for the content of the sign, yet the Board has been told to treat the two sites separately. She finds this difficult since they have the same owner, there will be cross access and the sign on the Texaco site will advertise the car wash on the adjacent site. Ms. Hoyland also inquired why the equipment could not be moved to the roof and screened with a parapet wall instead of having the equipment on the ground. Ms. Hoyland pointed out that the site plan for the Texaco station indicates that 12 spaces are required when only 10 are required. She suggested that this be modified. Further, she questioned whether it would be appropriate to have car washrrexaco noted all over the gas station plans. Ms. Hoyland asked if the open space requirement of 14% met code and Mr. Johnson stated that the open space requirement is zero. Mr. Fisher inquired if the road to the north is being added to help alleviate traffic. He was informed that it is an ingress easement that will be given to the City. Mr. Kruger stated that when they appeared before the City Commission last year, the Commission asked the applicant to put the ingress to the car wash to the north of the gas station and the egress from the car wash would only go west on Las Palmas. Therefore, there will be no egress from the car wash through the gas station. Everything will curve to the left, which means that when a car exits the car wash, it can only go right. Ms. Hoyland questioned why the easement would be dedicated to the City. Laurinda Logan, Senior Engineer, explained that the easement would not be dedicated to the City; the easement would be dedicated to the car wash for ingress purposes into the adjacent property. Mr. Tillman stated that when this project came up last year, he was under the impression that the major issues had been resolved. He is not supportive of maintaining non-conforming uses, and he is opposed to putting in another building for storage, questioning what they are making space for. He does not feel that the site is large enough to support an increase to the facility. Since there is so much congestion in the area, he wondered why the City would approve adding even more congestion and he was not in favor of the project. Vice Chair Heavilin asked if the storage would help reduce deliveries. Mr. Kruger stated that the storage area would definitely reduce deliveries. Vice Chair Heavilin felt it would not be fair to penalize the improvement to'1I1is property due to traffic caused by other developments on Federal Highway. This was a Citywide issue that needed to be addressed. Vice Chair Heavilin would like to see the property improved through granting of the variances, rather than have it remain as is. Chairman Finkelstein inquired if there would be any road markings to indicate that the road leads to the car wash. He has visited the property and noted that it is very 16 Meeting Minutes ","V"II"U".", .',,"U,," V 'l;;n.......II'l;;.. " "'!:I'l;;II\" Boynton Beach, Florida October 14, 2003 crowded. Chairman Finkelstein said it was important that this road be identified because of the circulation problems. Mr. Johnson responded that the car wash is a separate project from the gas station and it will be a condition of approval that the applicant provide a monument sign for the car wash. Staff is recommending that the monument sign be relocated from the point of egress to somewhere else on site where it would be more beneficial. Mr. Johnson stated that there are paver markings on the site plan and there will be directional arrows. Ms. Logan responded that the paver markings are shown on sheet 1 of 4. Ms. Hoyland recommended that a condition be added that a sign be added on the north side of the driveway providing directions to the car wash. Mr. Johnson stated that the directional sign would have to meet code and cannot be taller than 5' in height and 4 square feet in area. Chairman Finkelstein noted that there are 40 staff comments and Mr. Kruger stated that they agree with all staff comments. Ms. Logan pointed out that the code requires that sidewalks be placed along all new properties, especially in light of a major site plan modification. The Harbors were required to put in a new sidewalk all along their property. This would also provide a linkage from Federal Highway to the end of the property line that would include the car wash. If the neighborhood so desired, this would also provide them an opportunity to bring their sidewalks up to code as well. This is condition #6 in the staff comments. Chairman Finkelstein pointed out that Mr. Kruger agreed to all staff comments. Ms. Logan responded that the applicant has requested an Administrative Waiver from Engineering, which Engineering turned down. Mr. Rumpf explained that this requirement is included when the opportunity exists because over time it is anticipated that the sidewalks would be fully extended into areas where there are none now. Mr. Rumpf said that installing sidewalks now would benefit the neighborhood because people like to walk. He also pointed out that by adding sidewalks for walking would increase the safety of the area. Mr. Kruger said that last year they were granted a waiver for the sidewalks. The waiver stated that when sidewalks are installed down the street, they would put the sidewalks in. Chairman Finkelstein requested that each item be dealt with individually. A. Zonino Code Variances - 1. Zoning Code Variance Gateway Texaco (ZNCV 03-010 thru 03-012) 17 Meeting Minutes ,",UIUIIIUIIILJ I'\.CUCVCIUfJIIIOC:IlL "'~OC:II"'r Boynton Beach, Florida October 14, 2003 Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97 -foot variance, resulting in a distance of 23 feet, and to allow a 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet from an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gas station business. Motion Ms. Hoyland moved for approval. Motion seconded by Vice Chair Heavilin. Motion carried 4-2 (Messrs. DeMarco and Tillman dissenting). 2. Zoning Code Variance - Gateway Texaco (ZNCV-03-013) Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station. Chairman Finkelstein reported that staff is recommending denial of this application. Motion Ms. Hoyland moved to deny. Motion seconded by Mr. Tillman. Mr. Fisher inquired that if this item were denied, how would it affect the plans. Mr. Kruger said that they would have to move the building to make it longer and narrower. They will loose 2' and some of the depth of the building. 18 Meeting Minutes - . ...."..u..........., . "'-.;;..... "...-;;."'......,-.;;.." ....~1;a.'-1 Boynton Beach, Florida October 14, 2003 Vote Motion for denial carried 6-0. 3. Zoning Code Variance - Gateway Texaco (ZNCV 03-014 and 03-015) Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy or a gas station's business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for ~ gas station business Motion Vice Chair Heavilin moved for approval. Motion seconded by Mr. Fisher and unanimously carried. 4. Zoning Code Variance -Gateway Texaco (ZNCV 03-016 and 03-017) Chairman Finkelstein noted that there was one staff condition. Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, zoning, Section 11, Supplemental Regulations .3.f. (1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 1, Supplemental Regulations L.3.f. (2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a five (5) foot buffer for an existing gas station business. 19 Meeting Minutes - ~- -.." ~ .....u.............., .,......~'flllii;jj.Ut'...~i1I... .....~..-I.~' Boynton Beach, Florida October 14, 2003 Motion Vice Chair Heavilin moved for approval, subject to staff's recommendation of providing a substitute form of screening of the site along North Federal Highway where possible, such as planter pots or boxes. Motion seconded by Ms. Hoyland and carried 4-2 (Messrs. Tillman and DeMarco dissenting). 5. Zoning Code Variance - Gateway Texaco (ZNCV 03-023) Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III, Section 5 requiring that all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in a five (5) foot setback for an existing gas station business. Chairman Finkelstein noted that staff is recommending denial of this item. Motion Mr. Tillman moved to deny. Motion seconded by Mr. DeMarco. Mr. Fisher felt that the sign should be left where it is so that it would be visible from Federal Highway. Vote The vote was 3-3, therefore the motion failed (Vice Chair Heavilin, Ms. Hoyland and Mr. Fisher dissenting). Chairman Finkelstein read staff's recommendation that the sign could be moved and it would not interfere with the vehicular use, would meet the code, and would maintain the same visibility for the applicant's business. Mr. Kruger felt that if the sign were moved back it would not be visible. Ms. Hoyland did not agree that the sign should also state "car wash." Mr. Kruger said that the reason the name of the station is "car wash" was because the City Attorney told them to do this. The City Attorney recommended that the name of the gas station be changed from Gateway Texaco to "Car Wash Texaco." Ms. Hoyland did not think that this was the intent of the City Attorney's request. Chairman Finkelstein called for another motion. 20 Meeting Minutes - -~ - .. ... '-U..... ...... II"'" ."..,;;;....~. ~.'"'t'. .11ii,;iIll.. "'~~I'tw' Boynton Beach, Florida October 14, 2003 Motion Mr. Fisher moved to approve. Motion seconded by Ms. Hoyland and carried 4-2 (Chairman Finkelstein and Mr. Tillman dissenting.) 6. Zoning Code Variance - Gateway Texaco (ZNCV 03-024) Description: Request for relief from the City of Boynton Beach land Development Regulations, Chapter 7.5, Environmental Regulations, Article II, Section 3.B.4, to allow parked vehicles to encroach two and one-half (2.5) feet into the rear five (5) foot landscape buffer area required by code for an existing gas station business Chairman Finkelstein noted that staff recommended denial and that this variance was no longer necessary. Mr. Rumpf responded that the agent could withdraw the application for the record. Mr. Kruger stated that, for the record, they withdraw their petition to encroach into the rear landscape buffer 2.5 feet by removing the one parking space. B. Conditional Use - Gateway Texaco (CaUS 03-007) 1. Description: Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48- acre parcel in a C-3 zoning district. Chairman Finkelstein pointed out that the approval is for a 600 square foot addition, not 681 square feet. There are 40 staff conditions and staff is recommending approval. Mr. Johnson noted that since one of the variances is being withdrawn, this has to be identified and removed from the conditions of approval for the conditional use. Mr. Johnson noted that it was condition #29 that would not apply anymore. Ms. Hoyland inquired if the project would come back to the Board for site plan approval, and Mr. Johnson stated it would not. The conditional use would serve as the site plan approval. If this were approved, the applicant would submit rectified site plans during the permitting process. Ms. Hoyland inquired if the mechanical equipment would be placed on the roof. Mr. Kruger stated that it would probably be placed in back of the building. Ms. Hoyland said that if the equipment were rooftop mounted she would like it a condition that the parapet 21 Meeting Minutes "-'''''.............''''', 11\10._............_."""'.................. ",:J-......, Boynton Beach, Florida October 14, 2003 be high enough to adequately screen any rooftop equipment. Mr. Johnson noted that this is a code requirement and does not have to be added as a condition. Mr. Fisher asked the applicant why they did not want to put the sidewalks in at this time. Mr. Fisher asked for a show of hands from the audience that would like to have sidewalks installed. Ms. Logan reported that The Harbors was installing a sidewalk that would begin at Federal Highway to the end of their property. The Engineering Division is requesting that the applicant do the same thing for their property on Las Palmas. Motion Ms. Hoyland moved to approve the Conditional Use for the Gateway Texaco Station (now called the Car Wash Texaco), subject to staff conditions; subject to the deletion of conditions #23 and #29; and subject to the addition of the condition that indicates that directional signage to the car wash shall be provided along the north side of the drive aisle on the subject property. Vice Chair Heavilin seconded the motion that unanimously carried. RECESS WAS DECLARED AT 9:05 A.M. THE MEETING RECONVENED AT 9:15 P.M. Discussion ensued on whether the meeting should conclude at 9:30 p.m. and that the remaining items be moved to the continuation meeting or to continue this meeting. It was decided that the new site plan item for the car wash would be heard, after which the meeting would adjourn. Vice Chair Heavilin suggested addressing the remaining public hearing items and to continue the remaining items. Ms. Hoyland requested that Item IX.B. also be heard. Vice Chair Heavilin felt that Item IX.B. would require a great deal of discussion. Mr. Tillman requested that the remaining items be moved to the next meeting. Ms. Hoyland pointed out that the applicant for Item IX.B. would not be in town for the next meeting and she felt it was important that this be addressed and noted that the applicant was still present. Mr. Hutchinson stated that the November meeting date has to be changed because it falls on a Holiday. Staff is recommending that the meeting be changed to November 20th. Vice Chair Heavilin recommended moving the November 20th date up. Mr. Hutchinson pointed out that some items might have already been advertised. Mr. Hutchinson said that they will check into this and report back at the October 30th meeting. Chairman Finkelstein recommended just hearing the car wash item and moving the remaining items to the October 30th meeting. 22 Meeting Minutes __......_......, .....___._.".......__..... .-..:;,.........Ii..... Boynton Beach, Florida October 14, 2003 Ms. Nancy Graham from Boynton Ventures (The Arches) addressed the Board. She appreciated the Board trying to accommodate her schedule, but said that she would be willing to change her plans so that she could attend the October 30th meeting. They want to start their marketing campaign in November and it is important that they ~et their item addressed. Ms. Hoyland noted that she could not be present on October 30 . (Mr. Tillman left the meeting at 9:30 p.m.) C. New Site Plan 1. Project: Agent: Owner: Location: Description: Maroufs Car Wash (NWSP 03-011) Beril Kruger, Planning & Zoning consultants Zuhair Marouf 2360 North Federal Highway Request for new site plan approval for a 1 ,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district. Mr. Johnson presented the item on behalf of staff. The property had previously been approved for a variance for a 9,908 square foot lot. The site was approved for a car wash and the site plan expired. No permits were pulled and a request for a site plan extension was never submitted. The structure would contain a wash bay, storage area and bathroom. One employee would be on site during regular business hours to collect money for the car wash service and provide detailing in the knock down tent area. A traffic statement was provided to the City and has been submitted to the County. The County has determined that the project meets the traffic performance standards of Palm Beach County. Conceptual drainage information was provided and the City reviewed it and found it to be adequate. The City is recommending that specific drainage solutions be deferred until the time of permitting. The site plan shows that there will be one point of egress on Las Palmas Avenue, which has been designed to accommodate right turn only traffic and no left turn traffic should occur at the point of egress. The car wash would be accessed through 1.tle cross access agreement of the easement in the northeastern portion or the property. The car wash will be gated off at night and staff is recommending that another gate be placed at the point of ingress, which is one of the conditions of approval. The applicant has agreed to this. There will be two parking spaces, one for the employee and one handicap space that will be located east of the building. Exfiltration trenches will be installed and there will be 18.52% of pervious area. The building meets the height restrictions since it is a one-story building and has been designed to look like a house to be compatible with the surrounding properties. The sidewalk is required along Las Palmas and the applicant is requesting a waiver. 23 Meeting Minutes ~_II"...._II.."'r ....___Vl_II.....I"..."_..... ~::Ilto.olli.'""J Boynton Beach, Florida October 14, 2003 There is a monument signed proposed at the point of egress and staff feels that this is not an appropriate location. Staff would like to have the sign at the point of ingress and he feels that the applicant is agreeable to moving the sign. There will be no signage on the car wash building. Staff is recommending approval, subject to the 33 conditions of approval. Chairman Finkelstein inquired if everything is the same as approved the first time except for the new egress and ingress and the signage. Mr. Johnson pointed out that the building was smaller. Ms. Hoyland inquired if there was a detail area during the first application and was informed that there was one. Mr. Kruger agreed with all conditions and said that they would withdraw their request for the sidewalk waiver and agree to install the sidewalks. Chairman Finkelstein opened the public hearing. Robert Muchel passed out a road map to the Board. Mr. Muchel stated that there is a flooding problem and this property has been a natural retention pond for the run off and if removed, there would only be 18% of percolation. He did not think that the drain could accommodate all the water. Mr. Muchel requested that this be reviewed before any permits are issued. He further felt that the lane where cars would line up to enter the car wash would be closest to Federal Highway, which already blocks the line of vision for people exiting Las Palmas, ~hich would add to the congestion in the area. Brian Edwards, 629 NE 9th Avenue noted that there is a drainage issue up and down Federal Highway. He pointed out that for the past five years, his neighborhood association has worked with the City to have stormwater drainage improvements installed. He suggested that this neighborhood should take the same approach to improve their drainage problems. Mr. Edwards did not think that the car wash would make much difference to the traffic problems that already exist at that location. Carol Muchel, 637 Las Palmas Park, is opposed to having a car wash on Las Palmas. She pointed out that there are already two other car washes in the area. Las Palmas is a residential street, and she felt that the car wash would decrease the value of their properties. She pointed out that there are 21 houses on Las Palmas and 54 at the Harbors. She estimated that the value of all these properties is around $31 million, whereas the land that the car wash will be built is only worth approximately $25,000. Julie Szymkowski, 655 Las Palmas Parks, stated that there will be a perimeter road for vehicles exiting the car wash on Las Palmas. Even though they can only turn toward Federal Highway, she asked where the gate would be located to prevent access from the car wash when it is closed. Chairman Finkelstein informed Ms. Szymkowski that no 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 14, 2003 one would be able to go onto the property because there would two gates--one at each end. Chairman Finkelstein closed the public hearing. Mr. DeMarco garnered from reading the staff report that the car wash would be self- service and asked if this was correct. Mr. Kruger responded that it was self-service. People would put their money in and drive through the car wash. Mr. DeMarco inquired if there would be waxing available. Mr. Kruger said that this might be possible in the detail tent. Mr. DeMarco pointed out that if cars are being detailed, this will require parking spaces. Mr. DeMarco questioned the wisdom of putting in a car wash that would take up a great deal of space when there already is a successful business operating on the property. He felt that the space could be better utilized to improve the current business. With regard to the hours of operation, Mr. Kruger noted that it was a condition of approval that the car wash would be limited to daylight hours only, not to exceed 7:00 a.m. to 7:00 p.m. Ms. Hoyland pointed out that this is not a "true" automatic car wash, since a knock down detail tent would be utilized. She inquired if this had been previously approved and was informed that it was. Ms. Hoyland was uncomfortable having a detail tent. Since the staff report states that there would be one on site employee to monitor, handle and accept payment for service, who would be detailing the car. Mr. Kruger stated that the same person would do it. Ms. Hoyland pointed out that it was not mentioned that this employee would be doing detailing also. Ms. Hoyland noted that the plans indicate that one space is required, but staff stated if one space is required, a handicap space is also required. Ms. Hoyland asked for clarification. She was informed that the parking requirement is two. She noted that the plans need to be updated. Chairman Finkelstein stated that it shows parking for two autos on the site plan. Ms. Hoyland said that she was speaking about the tabular data. The tabular states one auto required and four autos provided, which is not correct. Mr. Johnson responded that one space is actually required, but it is unlikely that the person who works on site would be handicapped. Ms. Hoyland inquired if there would be vacuums on the site and Mr. Kruger stated they might be located at the entrance to the car wash, but the car wash has not been designed to show where a vacuum would be located. Ms. Hoyland did not think that one employee could handle all this work and she requested that the detail tent be removed. She also felt that the vacuums would create a lot of noise and would probably be heard by the neighbors. Ms. Hoyland inquired if the roof would be concrete tile. The applicant responded that the roof would be broom swept cement tile. Ms. Hoyland would also like the doors that face 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 14, 2003 Las Palmas to be more decorative. Mr. Kruger stated that the car wash openings would be closed with hurricane shutters. Chairman Finkelstein questioned why the existing wall could not be fixed instead of building a new one. This would allow for a larger buffer between the car wash and the residential. Mr. Johnson noted that the existing buffer wall is not located on the subject property. Mr. Kruger stated that the Police Department asked the applicant to take down the current wall because they do not want to have two walls. Mr. Kruger disputed the comment that the lot was worth only $30,000. He stated that it is a $400,000 lot and would not cause the property values to decrease. Vice Chair Heavilin thought that when the car wash was originally approved it was strictly an automated mechanical car wash, and she did not think that detailing and vacuuming would be appropriate. Mr. Kruger stated that the tent would be used for appointments only so that there would be no cars waiting. Vice Chair Heavilin inquired if staff agreed with this. Mr. Fisher asked if the detail tent was a permanent structure and Mr. Kruger responded that it was not. Mr. Rumpf agreed with the Board's comments that there would be one employee for the property. Staff questioned how one employee could perform all this work, which implies there is intent to run a separate business under the tent. If this were the case, it would require a separate license, especially if they are done by appointments. Mr. Rumpf stated that there was not enough space to stack vehicles to offer this kind of service. Ms. Hoyland would like to eliminate the knock down tent to allow that the entire paved area be cut back and straightened so that there would not be an area large enough for detailing. Ms. Hoyland would also like to have more landscape area on the east side so that a car would be forced to drive directly into the turn lane. Motion Mr. Fisher moved to approve, without the detail tent on the property, subject to all staff comments, and the elimination of comment #21, and that the parking be correctly indicated on the tabular data of the site plan. Motion seconded by Ms. Hoyland. Ms. Hoyland requested to add to the motion that the drive aisle be narrowed. Mr. Fisher did not wish to include this in his motion. Chairman Finkelstein asked if there is a vacuum stand proposed for the car wash. He was not opposed to having a vacuum stand in place of the detail tent. He pointed out that if the drive aisle were narrowed, there would be no place for a vacuum. 26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 14, 2003 Vote Motion carried 5-0. D. Site Plan Time Extension 1. Project: Agent: Owner: Location: Description: Sunbelt Hydraulics 9SPTE 03-003) Joseph Houston Kerns Construction, Inc. C & C Realty Investments Lot 9 West Industrial Avenue Request for one (1) year site plan time extension for a one (1) story, 12,480 square foot industrial building with related parking for a business that services truck bodies on a 1.44 acre parcel in the M-1 zoning district Chairman Finkelstein opened the public hearing. Since there was no one that wished to speak, the public hearing was closed. Vote Vice Chair Heavilin moved to approve. Motion seconded by Ms. Hoyland and unanimously carried. Code Review 1. Project: Owner: Description: Sign code amendments - Sign Heights City initiated Request for amendments to the Land Development Regulations, Chapter 21 Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type. VII. Director's Report: A. Updates VIII. Old Business: A. Consideration of Approval of the Contract with the Owner's Representative (CRA) Firm Jonathan Rickets Inc. for the Boynton Beach Boulevard Extension, Promenade and RiverWalk Design/build Project B. Discussion of Douglas C. Hutchinson's Employment Contract (moved up on the agenda) 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 14, 2003 IX. New Business A. Selection of Feasibility Study Team for Savage Creatures of Ancient Seas Attraction (moved up on the agenda) B. Consideration of the Arches Contract C. Consideration of the Business Genesis Program D. Consideration of Acquisition Underwriting for Heart of Boynton Properties E. Consideration of Request for Appraisal on Phase 1 Redevelopment Properties in the Heart of Boynton Area F. Consideration of waving the title work for Boynton Seafood, Inc. Development Regions Core Grant Contract G. Consideration of a proposed amendment to the existing contract with Kimley-Horne H. Recommendation of Members to be Selected fro the CSC Committee to review the Financial Advisory Services RFQ I. Consideration of Rescheduling the CRA November Board meeting due to the holiday X. Commission Action A. City Commission review of rotation of CRA Chair to another member of the CRA; No action taken (removed from agenda) XI. Board Member Comments XII. Legal XIII. Other Items XIV. Future Agenda Items A. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD B. Consideration of Pilot Program for Trolley Service in the CBD C, Marina Parking Garage Expansion 28 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 14, 2003 O. Consideration of Securing CBO Surface Parking Rights Motion Mr. Fisher moved to continue the remaining agenda items to the next meeting. Motion seconded by Vice Chair Heavilin and unanimously carried. XV. Adjournment There being no further business, the meeting properly adjourned at 10:15 p.m. Respectfully submitted, ~ H. fI~ Barbara M. Madden Recording Secretary (October 15, 2003) 29