AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.) J February 7, 2006 January 17,2006 (Noon)
L_
0 December 20, 2005 December 5, 2005 (Noon) gj February 21, 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February 2V006 City Commission Agenda under
Public Hearing to be tabled to the February 21,2006 meeting. This item was first tabled to the February 7th meeting to allow
time for submittal of relevant sound information, and has now been further tabled to the February 21st Commission meeting
as requested by the applicant. Staff will provide an update regarding the outstanding issues with the sound analysis, along
with the original staff report and back-up, prior to the agenda deadline for the February 21st Conunission meeting.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Pll!1Uling Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue, approximately 275 feet north ofSW 30th Avenue
Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car
wash facility and related site improvements on a 0.88-acre site zoned M-l, Industrial.
PROGRAM IMPACT: N/A
FISCAL IMPACT: NIA
ALTERNATIVES: N/A
~AM~nLt
DljeloPItfnt Department Director City Manager's Signature
~ ~~tor City Attorney I Finance IIfuman Resources
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 2-7-G6.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 6, 2005
0 December 20, 2005
0 January 3, 2006
0 January 17,2006
December 5, 2005 (Noon)
[8] February 7, 2006
o February 21, 2006
o March 7, 2006
o March 21, 2006
January 17,2006 (Noon)
November 14, 2005 (Noon.)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21, 2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
[8] Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o
o
o
Legal
UnfInished Business
Presentation
RECOMMENDATION: Please place this request on the February 7,2006 City Conumssion Agenda under
Public Hearing to be tabled to the February 21,2006 meeting. This item was fIrst tabled to the February 7th meeting to allow
time for submittal ofrelevant sound information, and has now been further tabled to the February 21st Conumssion meeting
as requested by the applicant. Staff will provide an update regarding the outstanding issues with the sound analysis, along
with the original staff report and back-up, prior to the agenda deadline for the February 21st Conumssion meeting.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue, approximately 275 feet north ofSW 30th Avenue
Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car
wash facility and related site improvements on a 0.88-acre site zoned M-l, Industrial.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
L-:{--/ ~~
Planning and Zo . g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 2-7-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 6, 2005 November 14, 2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21,2006 (Noon)
~ January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the January 17,2006 City Commission Agenda under
Public Hearing. The City Commission tabled this item at the December 6, 2005 meeting to allow the applicant additional
time to submit updated information on the planned tunnel equipment and corresponding sound analysis. Applicant had
requested on December 16,2005 a postponement from the January 3rd meeting to the January 17th meeting to finalize the
sound data as requested by the Board. For further details pertaining to the request, see attached Department Memorandum
No. PZ 05-209 and the addendum Memorandum PZ 05-244 with attachments.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue, approximately 27 5 feet north of SW 30th Avenue
Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car
wash facility and related site improvements on a 0.88-acre site zoned M-l, Industrial.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Development Department Director
City Manager's Signature
Planning and Zoning Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 1-17-06.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon)
~ January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under
Public Hearing. The City Commission tabled this item at the December 6, 2005 meeting to allow the applicant additional
time to submit updated information on the planned tunnel equipment and corresponding sound analysis. For further details
pertaining to the request, see attached Department Memorandum No. PZ 05-209 and the addendum Memorandum PZ 05-244
with attachments.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue, approximately 275 feet north ofSW 30th Avenue
Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car
wash facility and related site improvements on a 0.88-acre site zoned M-l, Industrial.
PROGRAM IMPACT: N~
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DevelOP~
City Manager's Signature
P~d~ Dire,,", City Attorney I Finan,e I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 1-3-06.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-209
TO:
Chair and Members
Planning & Development Board
t-
Michael Rum;T18
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
October 14, 2005
PROJECT:
Rapido Rabbit Carwash / COUS 05-004
REQUEST:
Conditional Use / New Site Plan approval for a 4,595 square foot
automated carwash facility
PROJECT DESCRIPTION
Property Owner: Boynton Properties, LLC (Anthony Pugliese III)
Applicant: Miller Land Planning Consultants, Inc.
Agent: Mr. Bradley Miller
Location: East side of Congress Avenue, approximately 275 feet north of SW 30th
Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Industrial (I) / Light Industrial (M-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
4,595 square foot automated carwash facility
Acreage:
0.88-acres
Adjacent Uses:
North:
Undeveloped industrial property zoned Industrial (M-1), then farther north is
right-of-way for the LWDD L-28 canal, and farther north is a residential
subdivision (Golfview Harbour);
South:
Safe & Secure Storage zoned Industrial (M-1), then farther south is right-of-
way for Southwest 30th Avenue, and farther south is developed industrial
property (Tire Kingdom), zoned Industrial (M-1);
Rapido Rabbit Carwash - COUS 05-004
Page 2
Memorandum No. PZ 05-209
East:
Developed industrial property (office / warehouses), zoned Industrial (M-l);
and
West:
Right-of-way for Congress Avenue, then farther west is commercial property
(Manor Care ACLF), zoned Community Commercial (C-3).
BACKGROUND
Mr. Bradley Miller, agent, is seeking conditional use / new site plan approval for a 4,595 square foot
automated carwash facility on a vacant parcel of industrial property immediately north of the Safe &
Secure Storage business located on the east side of Congress Avenue at SW 30th Avenue. Attorney
Michael Weiner submitted an application for Code Review (CDRV 05-001) to allow carwashes in the M-l
zoning district, which was approved by the City Commission on June 21, 2005. As a result, carwashes
are a conditional use in the M-l zoning district, which allows greater scrutiny in reviewing site design,
operational characteristics and potential impacts on surrounding properties. Additionally, the City
Commission adopted a Notice of Intent (NOI) on April 19, 2005 to provide time for the study and
recommendation of the use of M-l zoned properties, design characteristics associated therewith and
possible amendments to the Land Development Regulations. A consultant has been hired and
recommendations will be forthcoming shortly. Since the development application was submitted prior to
the effective date of the NOI, it will not be subject to the recommendations of that study. Relative to
traffic generation, Palm Beach County Traffic Engineering in a letter dated February 2, 2005, indicated
the proposed project meets the Traffic Performance Standards of Palm Beach County. However, no
building permits may be issued after the build-out date (2007). If approved, the construction of the
building and related site improvements would occur in one (1) phase.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
According to the site plan, there are two (2) proposed points of ingress/egress to the carwash site
(Parcel ''8''). The first point of ingress/egress is located on Congress Avenue and is shared with the
Rapido Rabbit Carwash - CO US 05-004
Page 3
Memorandum No. PZ 05-209
parcel to the north, at the northwest corner of the property. This drive is 26 feet in width and runs in
an east/west direction. The second ingress/egress point is an existing drive off of SW 3dh Avenue,
running in a north/south direction and connecting to the east/west drive off of Congress Avenue.
This second drive is the ingress/egress for the Safe & Secure Storage site immediately south of the
proposed ca/Wash. Access through this site (Parcel '}1") is proposed through a cross-access
easement agreement that will be required as a Condition of Approval. The applicant has submitted a
draft of the required agreements between all parties, which has been reviewed for sufficiency by the
Legal Department. These agreements wi'll need to be executed and recorded prior to the issuance of
the first building permit (see Conditions of Approval). Both driveway widths appear to meet code
requirements. These access points adequately address the needs of typical vehicular circulation, as
well as that of emergency vehicles and sanitation equipment.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have 0:
adjacent and nearby properties, and the city as a whole.
According to Chapter 2, Section l1.H.5, no fewer than four (4) parking spaces shall be provided for
any non-residential use. However, the Land Development Regulations do not specifically address the
parking requirements for automated car wash facilities. The site plan depicts 18 regular parking
spaces and 1 handicap parking space. Each parking space has an accessible vacuum cleaner that is
shared with the adjacent space. Other than the parking space for the one employee, it would appear
the main purpose for the parking spaces is for the vacuuming out of the vehicle interiors by the
owner of the vehicle. The parking area is landscaped on all four sides to minimize noise and also
glare from the headlights of patrons cars. The wash tunnel openings have been provided with
additional landscaping at varying heights to provide a dense vegetative barrier to the inner workings
of the ca/Wash itself and to screen the vehicle stacking and exiting movements from Congress
A venue and the residential properties to the north, as well as acting as a sound buffer for the
mechanical equipment associated with the site. The parking lot lighting fixtures are proposed at 20
feet in height and a staff condition requires baffling of the fixtures in order to prevent glare and light
spl'llage onto adjacent properties. Additionally, staff recommends that illumination simply be reduced
to security lighting within one (1) hour following closing each night (see Conditions of Approval).
Lastly, staff has also required a second landscape buffer to be placed on the north side of the
entrance/exit drive off of Congress A venue to increase the visual and sound barrier for the
neighborhood to the north.
The residential neighborhood to the north (Golfview Harbour) is approximately 200 feet from the
ca/Wash site, and separated by a vacant industrial property yet to be developed and a canal. Coupled
with the proposed buffering, it is staffs determination that the site plan meets the intent of the Code
relative to compatibility and buffering, based on the landscaping, distance separation, design
characteristics, and also staff conditions involving the limiting of business hours, baffling of the light
fixtures, illumination reduction to security lighting within one hour of closing, turning off power to
mechanical equipment at time of closing and an increased landscape buffering. Additionally, staff has
requested a professional sound study be performed to ensure sound levels leaving the site will be
within tolerances defined within the Code of Ordinances (60 decibels between the hours of 7 AM &
10 PM). Should the study indicate, or staff determine, additional mitigation is necessary, buffer walls
have been recommended to be added to the proposed landscape buffer.
Rapido Rabbit Carwash - COUS 05-004
Page 4
Memorandum No. PZ 05-209
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (Sheet SP 1) shows that the dumpster location is situated near the northeast corner of
the site/ a minimum of 200 feet from the residential properties to the north and oriented in an east-
northeast direction. The dumpster would be screened with enclosure walls and landscape/ in
accordance with Chapter 9/ Section 10. C3 of the Land Development Regulations. The dumpster
location is positioned in such a way as to facilitate the efficient removal of trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations/ all utilities/ including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The Site Plan (Sheet SP 1) states the proposed pervious area of the parcel equals 11/085 square feet
or 29% of the total site. The Landscape Plan (Sheet L -1) indicates that approximately 85% of the
trees and 74% of the shrubs and groundcover would be native.
The proposed landscape buffers contain Live Oa~ Pigeon Plum/ Gumbo Limbo and Green
Buttonwood trees/ Sabal and Montgomery palms and a row of Redtip Cocoplum hedges. Additionall~
staff recommended the installation of decorative buffer walls in the north/ south and east buffers
around the calWash tunnel to help shield the inner operations of the calWash soften the look of the
vehicle stacking area and assist in the blocking of headlights of vehicles exiting the tunne~ as well as
assisting in the reduction of noise leaving the site associated with the mechanical equipment. The
applicant expressed concern over the look of walling in the calWash and uncertainty as to the ability
to place a wall along the east side of the tunne~ in a very narrow planting strip (Staff notes that
there are alternative wall materials and designs that along with landscape plantings/ could fit in this
narrow space). Staff then suggested working with their neighb00 the owner of the vacant industrial
parcel to the north to consider placement of a masonry buffer wall along his north property line to
assist in the potential abatement of any adverse views or noise affecting the residential properties in
Golfview Harbour. When this vacant industrial parcel is developed, the fact that It abuts a residential
neighborhood will require that a masonry wall be installed with any development approval. Instead
the applicant proposes to increase the amount of landscape material within these buffers to/ in
effect create a landscape barrier. The Landscape ArchItect has provided typical buffer cross-
sections/ which depict dense/compact vegetation areas proposed to screen views and dampen noise.
According to Sheet L -1/ these buffer areas around the calWash tunnel would be planted With two (2)
foot tall cocoplum hedge/ three (3) foot tall cat palms/ seven (7) to eight (8) foot tallligustrum and
fourteen (14) foot tall live oak trees. These cross-sections are depicted ''Not To Scale// (N. T.S.). Staff,
as a condition of approva~ recommends that the cross-sections be provided drawn to scale and that
the landscape material be installed in a mature/full state to provide instant screening. The City
Forester would then inspect project construction to ensure that plant material is installed as depicted
in the cross-sections on Sheet L -1 prior to issuance of a Certificate of Completion.
The developer has designed the calWash building so that the tunnel openings are oriented in a
north/south direction to limit views to the internal operations from motorists driving on Congress
Avenue/ in compliance with the Community Design Plan section of the code. The landscape material
as discussed above would also help screen views from this thoroughfare.
Rapido Rabbit Carwash - COUS 05-004
Page 5
Memorandum No. PZ 05-209
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The monument sign is proposed to be eight (8) feet tall by eight (8) feet wide on a 1.5 foot pedestal
base, with required landscaping. Staff recommends the monument sign be reduced in height to be
more in scale with the proposed building, and designed to look less like a large square, by
incorporating some of the building features into the design, enhancing the base and adding details
representative of the project, pursuant to Chapter 9 (Community Design Plan) of the Land
Development Regulations. The sign colors are proposed to be the same as the body colors of the
building, Kilim Beige (light beige) and Sand Trap (dark beige), with eight (8) inch aluminum letters
painted China Red to match the signage on the bw'lding, on the directional signs on the calWash
property and the Safe & Secure Storage signs next door. The wall signage is proposed to be 24// high
channel letters in the same China Red color. The menu board and directional signage ('calWash
entrance'; "exit/! and "do not enter/! signs) would also be painted to match the building, with 3/! and
4'/ high red lettering.
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the M-l zoning district. The code
requires a 15-foot front setback, and the site plan indicates a 15-foot setback is being provided. This
front setback would place the building in line wIth the Safe & Secure Storage building immediately to
the south. A side setback of 15 feet is required on one side and zero on the other. The site plan
depicts approximate building setbacks of 55 feet to the north and 70 feet to the south. The code
requires a 20-foot rear setback, and the site plan indicates a setback of approximately 100 feet is
being provided. As noted above, the building has a is-foot front setback lIke Safe & Secure Storage
immediately to the south, which allows for the parking to be at the rear of the building. Also, by
having the building fOlWard on the lot, the stacking lanes for storage of vehicles waiting to enter the
calWash tunnel are mostly shielded from the motoring public on Congress A venue. As mentioned
earlier in the report, the calWash tunnel is approximately 200 feet south of the nearest residentially
zoned property (Golfview Harbour), and is separated by a vacant industrial parcel and the right-of-
way of the LWDD L-28 Canal.
As noted earlier, the Site Plan (Sheet SP 1) states the proposed pervious area of the parcel equals
11,085 square feet or 29% of the total site. The majority of the green space on the site is located in
the 15 foot setback between the building and Congress Avenue, with the required seven (7) foot
landscape buffer and the plantings along the foundation of the carwash tunnel. Other green
areas/open spaces occur around the entrance/exit of the calWash tunnel within landscape islands in
the parking lot and along both sides of the north/south and east/west ingress/egress drives.
8. General compatibility with adjacent property and other property in the zoning district.
In general the proposed use is compatible with the other automotive related industrial uses within
the Congress Avenue corridor (Tire Kingdom, Jiffy Lube, National Transmissions, Ace Auto Repair
and Race Part Solutions). Automotive related uses are currently allowed in the M-1 zoning district
that encompasses this property and runs the length of the east side of Congress A venue from the
L WDD L -28 Canal south to approximately Neptune Drive.
Rapldo Rabbit Carwash - COUS 05-004
Page 6
Memorandum No. PZ 05-209
The general design of the building utilizes some of the same type of building elements as the Safe &
Secure Storage business immediately to the south (roof materials and color and paint selection for
the body of the building). The principle building and trim colors (earth tones) are consistent with the
colors of structures in the general vicinity. The main body portion of the exterior wall area would be
painted a light beige color (Sherwin WIlliams - "Kilim Beige" #6106). The stucco base and accent
paint would be a slightly darker beige color (Sherwin WIlliams - ''Sand Trap" #6066). The trim color
would be white (Sherwin Williams - ''Divine White" #6105). The standing seam metal roof and
awnings are proposed to be ''Hemlock Green /~ These colors would be identical to the Safe & Secure
Storage bUIlding immediately to the south.
The project appears to be compatible with the other uses within the M-1 zoning district. The
compatib1'lity issues revolve around the residential properties approximately 200 feet to the north of
the site and possibly the pending outcome of the study and recommendation of the use of M-1 zoned
properties/ design characteristics and any associated amendments to the Land Developmel.(
Regulations proposed by the consultant or staff. Although those recommendations w1'l1 not directly
affect this projec~ it may affect the future development of parcels within the vicinity. As far as the
compatibility with the residentially-zoned properties, the carwash proposes tvvo (2) points of
ingress/egress to facilitate ease of maneuvering to enter and exit the site, one off of Congress
A venue and one off of SW 3dh A venue, through the Safe & Secure site. The traffic approval letter
from Palm Beach County Traffic Division indicates that the project would generate 196 new daily
trips, with the peak hour trips being 14 AM and 14 PM during the busiest (rush hour) traffic times on
Congress A venue. The remaining compatibility issues are operational in nature, involving noise and
visual effects. The applicant proposes to minimize these effects through the use of dense landscape
buffers. Staff has requested detailed sound information, prepared by a professional in the field, to
demonstrate compliance with City code relative to noise and nuisances. Staff additionally has
recommended business hours of dusk to dawn, however not to exceed 7 PM, that all mechanical
equipment be turned off at the close of business each daYt and that the lighting of the site be
reduced to security lighting within one (1) hour following close of business each day (see Conditions
of Approval).
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable bu1'lding height in the M-1 zoning district is 45 feet. The building was
designed as a one (i)-story structure, approximately 29 feet - 6 inches in height to the top of the
highest parapet. The bu1'lding would not exceed the districts maximum height limitations and would
be compatible in comparison with the neighboring industrial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant, "There will be no adverse effects on adjacent or nearby properties. There
w1'l1 be positive effects for the City WIth increased tax revenue/~ Based on its distance to nearby
residential properties, site buffering and landscaping, and limits on hours of operation, staff opines
that there would be no negative effect on nearby properties, pending submittal and satisfactory
results of a professional sound study.
Rapido Rabbit Carwash - COUS 05-004
Page 7
Memorandum No. PZ 05-209
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments; the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein; the proposed
project should operate in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach. In many instances; a typical project may receive City
approvals and If complaints were generated regarding the operational aspects of the business; Code
Compliance would be asked to inspect the premises to determine if violations of the code exist, such
as a noise complaint. When the City reviews a project not allowed by right, but a project listed as a
Conditional Use; extra caution is exercised in the review to determine its compatibility with
neighboring property and its operational characteristics are scrutinized. If additional information is
required to help staff determine this compatibility and compliance with City codes, a request for the
necessary data is made. In this particular case; staff has requested detailed sound information,
prepared by a professional in the field, to demonstrate compliance with City code relative to noise
and nuisances. The applicant has indicated they will be providing this information; however it was
not available at the time of preparation of this staff report. As such, we are recommending
postponement of this item until such time as the study is submitted and reviewed by staff.
RECOMMENDATION
Based on the information contained herein and the outstanding data requested and required by staff
from the applicant and their consultants, staff recommends that this request for conditional use be
postponed until such time as the necessary sound study is submitted and reviewed by staff.
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Staff Report.doc
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1 in. = 177.3 feet
Rapido Rabbit
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1002 E NEWPORT CENTER OR SUITE 101
DEtRf1ELD BEAQ-I, fLORIOA AA COO1878
PH. (954) 427-8848 fAX (954) 427-9929
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EXHIBIT B
Conditions of Approval
Project name: Rapido Rabbit
File number: COUS 05-004
Reference: 3rd review plans identified as a Conditional Use/New Site Plan with an October 11, 2005 Planning
Z . d k'
& onmg ate stamp mar mg.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Conunents: None X
PUBLIC WORKS- Traffic
Conunents:
1. The plans depict a roadway to be constructed on the adjacent Parcel B, X
which is clearly indicated as "Not Included" in this submittal. An
irrevocable cross-access agreement between Parcels A, Band C for ingress-
egress purposes will be required.
2. Show all off-site improvements required for this project. The proposed X
roadway on the north is synunetrical around that property line. Show that
the adjacent property owner is in agreement with this proposal.
3. Separate permits will be required from Palm Beach County for the proposed X
Congress Ave. curb cut.
UTILITIES
Conunents:
4. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater. (CODE, Section 26-16(b)) .
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
7. Water meter size shall be based on the demand for the volume anticipated X
for the car wash. Please provide engineering calculations, or any
explanation of the demand.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
8. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
9. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
10. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
12. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
OEP ARTMENTS INCLUDE REJECT
ensure that additional comments may not be generated by the commission
and at permit review.
14. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
15. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
16. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
17. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
18. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
19. At time of permit review, submit separate surveys of each lot, parcel or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel or tract.
The recorded deed shall be submitted at time of permit review.
20. A permit from the EP A shall be required prior to the submittal of plans for a X
building permit. The car wash shall comply with F.A.C. Rule 62-660.803.
The local EP A office can be contacted at 561-681-6600.
21. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
22. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the proiect is multi-
Conditions of Approval
4
DEP ARTMENTS INCLUDE REJ .cv 1
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
23. Building shall be designed utilizing the 2004 Florida Building Code. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
24. Applicant must grade the property to the north canal to Lake Worth X
Drainage District specifications.
PLANNING AND ZONING
Comments:
25. A single sign style (such as cabinet, channel, reverse channel) shall be used X
for wall signage. Note code limitation on non-word depictions. Provide
calculations of areas for determining compliance with the Land
Development Regulations.
26. The monument sign as proposed is plain and unadorned and should be X
reduced in size to be more in scale with the building. Additionally, the sign
should be made more compatible with the building style to transform its
boxy appearance.
27. Provide a landscape cross-section C Detail of a 450 angle at the southwest X
comer and northwest corner of the site. Additionally, remove the N.T.S.
(not to scale) label on the cross-sections and depict landscape to scale,
adjusting the size of the plant material on the plant list if necessary, to
provide an instant landscape barrier at time of planting. Cross-sections A, B,
& C should be comparable for these planting areas on the exit end of the
tunnel as well.
28. The applicant has agreed there will be nothing other than automated or self- X
service features as part of this Conditional Use application. Any future
requests for other services (wax, upholstery cleaning, etc.) would require a
new Conditional Use review/approval.
29. Provide executed and recorded CODV of the cross-access easement with X
DiP ARTMENTS INCLUDE REJECT
Parcel A, prior to issuance of first building permit.
30. Access off of Congress A venue is only partially on your parcel. Provide X
executed and recorded copy of the cross-access easement with the parcel to
the north, prior to the issuance of first building permit.
31. The drainage depicted on sheet C-I depicts drainage improvements crossing X
onto Parcel A. Provide executed and recorded copy of this easement with
Parcel A, prior to the issuance of first building permit.
32. Include baffling of light fixtures in order to prevent glare and light spillage X
onto adjacent properties. Additionally, consider reducing the lighting to
security lighting only within one (1) hour of closing.
33. Provide noise level data for blowdryer equipment for a distance equal to the X
rear of the residential properties to the north. All mechanical equipment,
including the vacuums, should be turned off at closing time each day.
34. Staff recommends the installation of some variety of wall along the north X
and east sides of the tunnel exit / parking lot to reduce the potential of noise
escaping the site, should the professional sound study being prepared by the
applicants warrant more than the landscaping being proposed.
35. Applicant states the hours of operation will be from dawn to dusk. Any X
proposal to extend these hours will require commission approval. Staff
recommends however, the carwash be open no later than 7 P.M.
36. Applicant shall provide a unity of title for all of Parcel "A", prior to X
issuance of first building permit.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:IPlanningISHARED\WPIPROJECTSIRapido Rabbitl2nd Review Comments. doc
DEVELOPMF .- ORDER OF THE CITY COM MIS 1N OF THE
C. . 'f OF BOYNTON BEACH, FLORIOA
PROJECT NAME:
Rapido Rabbit
APPLICANT'S AGENT:
Bradley Miller Miller Land Planning Consultants
APPLICANT'S ADDRESS: 282 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSlo~em~o~
TYPE OF RELIEF SOUGHT: Request for Conditional use approval for a 4,595 square foot carwash
on a 3.39 acre parcel in an M-1 zoning district.
LOCATION OF PROPERTY: East of Congress Avenue, North of SW 30th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
~
T IS MATTER came before the City Commission of the City of Boynton Beach, Florida
ppearin on th Consent Agenda on the date above. The City Commission hereby adopts the
findings a d re ommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beac orida on the date of hearing stated above. The City Commission having considered the
re Ie sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\DO.doc
,..",
DEP"ARTMENT OF DEVELOPMENT
Memorandum PZ 05-244
TO:
THROUGH:
FROM:
DATE:
Kurt Bressner, City Manager ~
Quintus Greene, Development Director /.
Michael Rumpf, Planning & Zoning Director
December 1, 2005
Rapido Rabbit Carwash (CaDS 05-004)
Response to questions regarding carwash equipment and the sound analysis
RE:
Staff continues to pursue the additional information requested for the Commission's review of
the above-referenced project, as represented by the attachments and specific responses provided
herein. Staff has repeatedly requested the specifications on the intended dryer blowers, and on
the date of this memorandum, an additional request was made of the agent. As for answers to
other current questions, please be informed of the following:
1. Staffhas a draft agreement for improvements on and sharing of the entryway, and this
includes provisions for maintenance of the landscaping (see attachments);
2. The specifications for the vacuum units are included in the November 27, 2005 letter from the
acoustical consultant, and specifications on the blowers are forthcoming;
3. The consultant indicates that the study assumed simultaneous operation of all vacuum units,
that the study did account for the dryer blowers, and there are a total of 3 dryer blowers planned
for the tunnel; and
4. We have not considered a 2nd opinion, or a study ofthe sound study, given the following:
a. The code only requires such technical sound analysis for the review of night clubs;
b. What has been requested to date is believed by staff to be "reasonable" and submitted
by a qualified individual;
c. The proposed use is a common business and generally similar to others within and
adjacent to the city. Staff has visited other car washes to experience the magnitude of
sound emitted from the site, and believe that reasonable design measures and best
available technology will prevent any possible nuisance and ensure compatibility. In
light of the study indicating sound levels that just meet the sound standards of the
city, and possible discrepancies therein, staff continues to pursue possible further
design measures to mitigate sound; and
d. Given the distance to the nearest residential uses and the elements that ultimately
separate the subject properties, and proximity to Congress Avenue which contributes
to the area and should affect the expectations regarding sound within this
environment.
5. We will receive final information from the agent regarding corporate involvement; however,
our understanding is that the party who has filed the application remains unaltered. Subsequent
changes to the site plan (following approval) would be reviewed against the minor-major criteria,
and if/how such changes could intensify the operation of the conditional use. Given its
conditional use status, staff would review very closely the changes. For example, changes that
would increase business such as addition of a vacuum station, tunnel expansion, etc. would
require conditional use apptoval. However, innocuous changes to landscaping, sign copy, or the
fayade, unrelated to operation of the use, would likely be considered "minor".
Staff opines that there remain possible changes to further minimize sound, and until some or all
of them are incorporated into the site, staff maintains its recommendation for tabling. We have
strongly encouraged the agent to consider these recommendations otherwise our
recommendation for tabling will stand, or possibly be modified for approval subject to
incorporation of our recommendations into the plan. The recommendations prioritize the flipping
of the tunnel to orient the exit (and blowers) toward the south, in the opposite direction from the
adjacent neighborhood. Staff also mentioned the wall as still being necessary if the tunnel is not
reoriented. Also if not reoriented, staff may also simply recommend, that the tunnel wall around
the exit be narrower, or at least extended to cover the blowers, to interrupt the outward flow of
sound. From our site visit to the Motor City Carwash, we observed and heard the blowers from
the adjacent residential properties (on the far side of the properties), and realized that they were
only audible when no solid object intervened. A concern of the agent, for the applicant, was the
additional time and review required if the project was redesigned. If staff is able to view the
redesign prior to Commission review, and is generally comfortable that site requirements will be
satisfied similarly, staff would recommend the addition of a comment requiring reorientation of
the tunnel as part of the permit submittal.
MR
Attachments
S:\Planning\SHARED\WP\PROJECTS\Rapldo Rabbit\Additional sound Infonnation and responses. doc
Mon~IlY. October 03, 2005 2:43 PM
MLPC 5817388079
p,01
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach Blvd. '201
Boynton Beech, Fl 33435
Phone 561/736.8838
Fax 561/736.8079
Ernell nlcole@mlpc.net
Date: 101312005
Time: 2:43:32 PM
Recipient:
Ed Breese
Fax Number: 742-6239
Company:
CITY OF BOYNTON BEACH
Voice Number: (561) 742.6261
Sent By: Nicole Simpson
Pages: 4
SUbject: Rapido Rabbit. Car Wash (Site Plan)
Message:
Ed,
Attached is the consent from for the development of the surrounding property owners and
applicant. Please let me know if you need anything else.
. Monday, October 03, 2005 2:43 PM
MLPC 581738S079
\
p.02
.,
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The C1ll1rk Houle
102 North SWInton Avenue
Defray Beach. Florida 33444
Telephone: (581) 285-2866
Telecopler: (661) 272-6831
E-mail: mwe'ner@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON a. MANKO"
KeRRY SAFIER
PAM' R. MAUGHAM
OF COUNSEL;
ROBERT MARC SCHWMTZ, PA
FIoridI Bel' BOt~ CtrtMed
Real EllBte Lawyer
MICHAiL R. tlARRIS
LL.M. (In T.xallon)
September 23. 2005
Mr. Michael Rumpf
Director of Planning and Zoning Depl
City 01 Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Via Hand Dellverv
Re: Rapldo Rabbit
Our File No.: PAUM002
Dear Michael:
Please let this letter serve as authorization from each of the three property owners
concerning the consent required by Comment 2 of the 3rd Review Comments.
Each of the three owner's signatures below provides Its consent to the construction of the
driveway, installation of landscaping adjacent to the driveway snd to the maintenance of the site, an
pursuant to the terms of the E:asement Agreement, a copy cfwhlch has been prevfously provided to
the City. This Easement Agreement will be recorded pursuant to a closing to occur upon receipt of
Site Plan Approval.
Agreed and Accepted By:
S, LLC
Its:
MEGA MINI CO., LTD., 8 Florids limited partnership
By: Mega Mini Self Storage Boynton Beach. LLC
Its :General Partner
By:
Its: Member
Monday, October 03, 200S 2:43 PM
MLPC S81736S079
p.03
.
i
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Teluphonu; (~1) 2e15-2e06
relecopl.r: (561) 272-6831
E-mail: mwelner@tonelaw.com
MICHAEL 8. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY SAFIER
PAMI R. MAUGHAM
Of' OOUNseL:
ROBERT MARC ICHWARTZ, P.A.
Florid. B.r eo.rd C,rflfIecl
RaaI !a" L.awyar
MICHAEL R. HARRIS
I..L.M. (In T.X8tIon)
September 15, 2005
Mr. Michael Rumpf
Director of Planning and Zoning Dept.
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Rapldo Rabbit
Our File No.: PAUM002
Via Hand Deliverv
Dear Michael:
Please let this letter serve as authorization from each of the three property owners
concerning the consent required by Comment 2 of the 3rG Review Comments.
Each of the three owners' signatures below provides its consent to the construction of the
driveway, Installation of landscaping adjacent to the driveway and to the maintenance of the site, all
pursuant to the terms of the Easement Agreement, a copy of which has been previously provided to
the City. This Easement Agreement will be recorded pursuant to a closing to occur upon receipt of
Site Plan Approval.
Agreed end Accepted By:
By;. BOYNTON PROPERTIES, LLC
Its:
B?JJl;L~ASH' LLC
Its:
MEGA MINI CO., lTD., a Fiorida limited partnership
By: Mega Mini Self Storage Boynton B ch, LLC
It. : General Sart
By:",~.
Its: Member -
, Monday, October 03, 200S 2:43 PM
MLPC S8173e807g
p,04
Mr. Miotlael Rumpf
September 1 e, 200e
Page 2012
PI.aee contact me should you have any additional concerns.
Very yours,
Ie aeIS.~
MSW:jsm
cc: Mr. Murk Paulino
Mr. Alejandro Zurita
Henry Portner, Esq.
Mr. Anthony Pugll...
Mr. Bradley Miller
Brian Deuschle, Esq.
Juon S. Mankoff, Iiequire
O:\PAUM002\Letter to Mike Rumptre consents.doc
CITY OF BOYNTON BEACH
City Attorney's Office
Memorandum
To:
Ed Breese, Principal Planner
From:
Jamila Alexander, Assistant City Attorney
fl/l
Date:
September 15, 2005
RE:
Rapido Rabbit Carwash Cross-Access Agreement
This memorandum is in response to your request that the Office of the City Attorney review a
draft of the Cross-Access Agreement relating to the proposed carwash on Congress Avenue
(Rapido Rabbit).
The Cross-Access Agreement was prepared to be executed by the owners of three neighboring
parcels granting an access and ingress and egress easement for vehicular and pedestrian traffic
for the Rapido Rabbit Carwash, as described in the Agreement. Furthermore, the City of
Boynton Beach is not an owner of the subject property and will not be a party to this Agreement.
As such, this Office has reviewed the Cross-Access Agreement and it is our opinion that the
terms of the Agreement are sufficient.
Should you have any questions, please feel free to contact the Office of the City Attorney.
JVA
S:\CA\MEMORANDUM\Breese (Rapido Rabbit).doc
PLANNING AND ZONING
MEMORANDUM
TO: James Cherof, City Attorney
FROM: Ed Breese, Principal Planner ~
DATE: August 25,2005
SUBJECT: Rapido Rabbit Carwash Cross-Access Agreement
Attached for your review is a copy of a draft cross-access agreement involving the
proposed carwash on Congress Avenue (Rapido Rabbit). Staff, as part of the technical
site plan review process, has requested a cross-access agreement involving three separate,
neighboring parcels, for access and utility purposes. I would appreciate your review of
this information in order that we may pass comments back to the applicant as to
sufficiency. Thank you in advance for your review and do not hesitate to contact me with
any questions you may have.
CROSS-ACCESS AGREEMENT
THIS CROSS-ACCESS AGREEMENT ("Agreement) is made and entered into this_
day of , 2005, by and between BOYNTON PROPERTIES, LLC, a Florida limited liability
company (hereinafter referred to as "BOYNTON") and BOYNTON BEACH CARWASH, LLC a
Florida limited liability company (hereinafter referred to as "CARW ASH") and
, a (hereinafter referred to as
II "). BOYNTON, CARWASH and are sometimes referred
to herein as Owner(s).
... ...
R E C I TAL S:
WHEREAS, is the gurn~.f1t record owner of the property, more
particularly described in Exhibit "A" (the "BOYNTON Property"); ~C'
WHEREAS, ~. E!l'ent owner of the property, more
particularly described as Exhibit "B ~'rTrty");
WHEREAS, t e current owner of the property, more
particularly described as Exhibit "C" e "FREIDT Property"); and
WHEREAS, BOYNTON, CARWASH and
this Agreement as hereinafter set forth.
desire to enter into
NOW, THEREFORE, BOYNTON, CARWASH and for good
and valuable consideration, including but not limited to the mutual easements, covenants and
restrictions set forth herein, the receipt of which is hereby acknowledged, do hereby agree as
follows:
1 . Recitals
The recitals above are true and correct and are hereby incorporated as if
rewritten herein.
2. Cross-Easements
(A) There is hereby granted the following non-e~clusive access and ingress
and egress easement for use of vehicular and pedestrian traJr~c within the area as more
particularly described in Exhibit "0" (the "Cross-Easement") for the benefit of each of the
Owners, their successors, assigns, tenants, customers, agents, employees, guests, licensees
and business invitees, each Owner granting same to the other Owners for and in respect of the
property owned by such Owners which lies within the Cross Easement. The Owners agree not
to build or maintain nor permit to be built or maintained any structure on the Cross-Easement
that would preclude or limit it vehicular and pedestrian traffic of cross-access and for ingress
and egress within the Cross-Easement. All costs and expenses concerning any installation and
construction of the initial installation of the Cross-Easement shall be at the sole cost and
expense of the owner of the Property Owner. The Owners of the
Properties. shall not be required to contribute to the initial
installation of the Cross-Easement.
0:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc
(B) No Owner shall permanently or temporarily park or store in the Cross-
Easement any automobile, truck, equipment, or any other personal property, it being intended
that the Cross-Easement shall be free from obstacles and impediments. In the event due to
construction or re-construction any Owner shall find it necessary to temporarily obstruct, block,
close off or impede the flow of pedestrian or vehicular ingress or egress, such Owner shall
provide reasonable advance notice to the affected Owners and shall use reasonable effort to
minimize the effect on the other Owners and endeavor to complete such construction
expeditiously.
... ...
3. Maintenance and Repair
(A) Each Owner shall maintain, operate and repair the landscaping, lighting,
common areas and utility facilities on its respective property which forms a part of the Cross-
Easement, including any buffer areas adjacent to the front of their resp~e properties, at its
sole cost and expense. Maintenance, operation and repair shall be done in a manner that is in
compliance with all laws, ordinances, rules and regulations of the appropriate governmental
authorities. Each Owner shall, at its own expense, supervise, operate, manage, repair, replace
and maintain all improved portions of the common area and utility facilities located on its
respective property which forms a part of the Cross-Easement, in good repair and in a safe and
sound condition, free from refuse, rubbish and dirt and in compliance with all governmental
regulations.
(B) Each Owner shall make all necessary repairs and replacements on the
surface of the parking areas and driveways on the portion of the Cross-Easement owned by
such Owner. is responsible for the property in Exhibit "E."
is responsible for the repairs and replacements on the Property in Exhibit
"F." and Exhibit "G. is responsible for the repairs and replacements on the
repairs and replacements on the Property in Exhibit "H".
(C) In the event any improvements within the Cross-Easement are damaged
or destroyed, the Owner of the property on which such damage has occurred shall promptly
cause the repair, restoration or rebuilding thereof to the extent reasonably practical, but such
Owner shall not be precluded from seeking reimbursement from the responsible party or parties
that may have caused such damage or destruction.
4. Term and Duration
,
(A) The provisions of this Agreement shall b~ ~perpetual. This Agreement
may be released, modified or amended only by the unanimous consent, in writing, of all the
Owners or their respective successors or assigns, as the case may be.
(B) Except as specifically set forth herein, nothing contained in this
Agreement shall confer any rights on any Owners, their successors, assigns, tenants,
customers, agents, employees, licensees or business invitees.
(C) This Agreement shall be and constitute a covenant running with the land
in the specific manner and mode set forth above and shall be binding upon all parties to this
Agreement al'1d their respective successor~ and assigns and shall inure, to the benefit of and be
enforceable by all parties to this Agreement and their respective successors and assigns.
5. Operations
0:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 2
(A) Each Owner shall, at its own cost and expense, maintain at all times
public liability insurance in an amount no less than insuring against claims on
account of death, bodily injury or property damage that may arise from or be occasioned by the
condition, use or occupancy of the common area on its respective property. Said insurance
shall be written by a reputable insurance company or companies with limits of not less than One
Million ($1,000,000.00) Dollars for bodily injury or death of all persons in anyone occurrence
and for damage to property or such other amounts as agreed upon by all Owners. Each
Insurance Policy shall cover the properties in Exhibits "A," "B," and "e" and each Policy shall
name the other Owners as additional an insured. Each Owner shall provide proof Of insurance
to each other Owner showing each such Owner as an additional insured.
... '.
(B) Anything in this Agreement to the contrary notwithstanding, nothing
herein shall prevent any Owner from the construction and completion of buildings or
improvements on such Owner's property as such Owner may desire in ~ 'Owner's sole and
absolute discretion, so long as such buildings and improvements are not located within the
Cross-Easement. In connection with construction and completion of any buildings or
improvements, each property Owner shall be entitled to count such parking spaces as may be
available on such Owner's property but shall not be entitled to count parking available on any
other Owner's property. There shall be no parking within the Cross-Easement. There is no
parking easement.
6. Enforcement
(A) No breach of the provisions of this Agreement shall entitle any Owner to
cancel, rescind or otherwise terminate this Agreement or the applicability to it; but such
limitation shall not affect, in any manner, any other rights or remedies which any Owner may
have hereunder by reason of any breach of the provisions of this Agreement. No breach of the
provisions of this Agreement shall affect or render invalid the lien of any mortgage or deed of
trust made in good faith and for value covering any part of any property. Notwithstanding the
foregoing the provisions, this Agreement shall be binding upon and effective against any Owner
whose title is acquired by foreclosure or trustee's sale or any grantee by deed in lieu of
foreclosure or trustee's sale.
(B) If any Owner shall default in the performance of any of its obligations
hereunder, then any other Owner shall, in addition to all other remedies they may have at law or
in equity, after thirty (30) days prior written notice (except that no notice shall be required in the
event of an emergency), have the right to perform such obligation pn behalf of such defaulting
party and be reimbursed by such defaulting party for the r~,sonable cost thereof, plus
reasonable collection fees if collection is required. Any such claim for reimbursement shall be
secured by a lien thereof and shall attach to the property owned by the defaulting party effective
upon recording of a notice thereof in the Public Records of Palm Beach County, Florida. The
lien rights granted herein will not affect the easements and other rights granted herein to other
Owners of any property and such rights shall continue in full force and effect.
(C) In the event of a breach, or attempted or threatened breach, of any
obligation of this Agreement, the other Owner(s) shall be entitled forthwith to obtain an
injunction to specifically enforce the performance of such obligation, acknowledging the
inadequacy of legal reme~ies and the irreparable harm which would be caused by any such
breach being hereby acknowledged; and/or to relief by all other available legal and equitable
remedies from the consequences of such breach. All costs and expenses of any such
0;\PAUM002\AUGUSTCROSS ACESS EASEMENT.doc 3
proceeding shall be assessed against the defaulting Owner and shall constitute a lien against
the property owned by such defa,ulting Owner, until paid.
(0) No delay or omission of any Owner in the exercise of any right accruing
upon any default or violation hereof, of any other Owner shall impair any such right or be
construed to be a waiver thereof, and every such right may be exercised at any time during the
continuance of such default or violation. A waiver by any Owner of a breach of, or a default in,
any of the terms and conditions of this Agreement by any other Owner shall not be construed to
be a waiver of any subsequent breach of this Agreement.
~ ....
(E) Enforcement of this Agreement may be filed in a Court of competent
jurisdiction with costs and reasonable attorneys' fees granted to the prevailing party.
7. Interests of Others
~,.
(A) Any lien so created by this Agreement shall be effective only upon the
recording of such lien and shall be subordinate to any mortgage applicable to such property at
the time of filing. Notwithstanding the foregoing, nothing herein contained shall be construed.as
creating an obligation hereunder upon any mortgagee or holder of other security interest
including deed of trust which is prior to said Mortgagee or holder acquiring title by foreclosure or
otherwise prior to the filing of such lien.
(B) Each Owner shall remove, within thirty (30) days after the filing thereof,
any mechanics', materialmen's or any other similar lien on the other Owners' Properties, or on
its Property if the existence or foreclosure of such lien on its Property would adversely affect the
easement arising by reason of its act or any work or materials which it has ordered. In the event
the defaulting Owner fails to remove any such lien within such thirty (30) day period, any other
Owner may take such action as it or they may deem necessary to remove such lien and
thereafter such Owner shall be entitled to reimbursement from the defaulting Owner. Any lien
rights that arise due to the defaulting actions of any Owner shall also permit such lien rights
against any insurance proceeds, to the extent that such proceeds would or should become
payable.
(C) Nothing contained in this Agreement shall be deemed to be a gift or
dedication of any portion to the general public or for any public use or purpose whatsoever, it
being the intention of the parties hereto that nothing in this Agreement, expressed or implied,
shall confer upon any person, except as specifically set forth in the terms and conditions of this
Agreement. Rights to a third party beneficiary are neither intendedlJor granted.
(0) Each claim of any Owner arising under thi~ 'Agreement shall be separate
and distinct, and no defense, set-off or counterclaim arising against the enforcement of any lien
or other claim of any Owner shall thereby be or become a defense, set-off, offset or
counterclaim against the enforcement of any other lien or claim.
(E) The Cross-Easement created hereunder shall not be presumed abandoned
by non..,use or the occurrence of damage or destruction of a portion of any Property subject to
the easement unless the Owner benefited by such easement states in writing its intention to
abandon such easement.
0:\PAUM002\AUGUST CROSS ACESS EASEMENT. doc 4
8. Interoretation
(A) If any provision of this Agreement, or portion thereof, or the application
thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby; and each provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
.... ....
(B)
State of Florida.
This Agreement shall be construed in accordance with the laws of the
(C) The Article headings in this Agreement are for convenience only, shall in
no way define or limit the scope or content of this Agreement, and shall not be considered in
any construction or interpretation of this Agreement or any part hereof. ~. .
(0) Nothing in this Agreement shall be construed to make the Owners hereto
partners or joint ventures or render any of said Owners liable for the debts or obligations of the
other.
(E) Any Owner may, at any time and from time to. time, in connection with the.
sale or transfer of its property, or in connection with the financing or refinancing of said property
by bona fide mortgage, deed of trust or sale-leaseback made in good faith and for value, deliver
a written notice to the other Owner(s) requesting such other Owner to execute a certificate
certifying that the Owner making such request is not in default in the performance of its
obligations under this Agreement, or, if in default, describing therein the nature and amount of
any default. An Owner shall execute and return such certificate within twenty (20) days
following its request thereof. Failure by an Owner to so execute and return such certificate
within the specified period shall be deemed an admission on such Owner's part that the Owner
requesting the certificate is current and not in default in the performance of such Owner's
obligations under this Agreement.
(F) This Agreement may be amended, modified or terminated by the
unanimous written approval of all Owners and duly recorded in the office of the County
Recorder of Palm Beach County, Florida, and shall not otherwise be amended, modified or
terminated during the term hereof. However, the Owner and Owner may
modify the connection between Exhibit "_" and Exhibit "_" without the consent of the
other owners provided that: (i) the overall connection among the pprcels is maintained; (ii) the
other Owners are notified; and (iii) any modifications are duly recQ~~ed.
. (G) Wherever in this Agreement it is provided that an action shall be subject
to the consent or approval of the other, such consent or approval shall not be unreasonably
withheld or delayed provided that any such Agreement does not materially or adversely affect
such Owner's property.
(H) Each Owner agrees that no partner or individual of any Owner shall be
personally liable for any liabilities or be required to personally perform any of the covenants of
this Agreement. Any liability of an Owner is limited to the assets of that Owner.
0:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 5
9. Notices
(A) All notices and demands herein required shall be in writing and shall be
deemed properly given if sent by registered or certified mail, return receipt requested, and if to
, addressed to:
... 'AI
--." .
Each party may change the address to which notices to it are to be sent by notice to the others.
(8) Every notice and demand shall be deemed to have been effective upon
delivery by registered or certified mail, properly addressed as aforesaid, postage prepaid, in the
United States Mail, or three (3) days after posting or via a nationally-recognized ovemight
courier services (provided a confirmation is available one {1} day after sent).
10. Indemnification.
(A) Each Owner agrees to hold the other Owners harmless and indemnify such
Owners from any costs and expenses, including reasonable attorneys' fees, arising out of or in
connection with any claims arising out of the use, operations, maintenance and possession of
each other Owner's respective property by any party claiming through such Owner
(8) The
all liens as a result of
E;asement.
Owner shall indemnify the other Owners for any and
Owner's construction and/or installation of the Cross-
" \
rSianatures on next oaael
O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 6
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
Signed, sealed and delivered in the
presence of:
. ...
. Witnessed By:
By:
~
Its:
Printed Name:
By:
By:
Its:~
\)\lAfl
Printed Name:
Its:
Printed Name:
" )
0:\PAUMOO2\AUGUST CROSS ACESS EASEMENT.doc 7
, .
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of
,as of
, 2005 by
... ....
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
~.
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of
as of
, 2005 by
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of
as of
, 2005 by
" ~
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type ~f Identification Produced
0:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 8
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. BOYTNTON BEACH BOULEVARD, #201
BOYNTON BEACH, FLORIDA 33435
PHONE . 561/736-8838
FAX . 561/736~79
LETTER OF TRANSMITTAL
Date: November 18, 2005
To:
Ed Breese
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Subject:
RAPIDO RABBIT CAR WASH -
SITE PLAN & CONDo USE
We are providing:
[!J Attached
o Under Separate Cover
Via:
o US Mail
[!J Courier IHand Delivery
o Overnight Delivery
o Pick Up
h f
T e ollowing:
Copies Date Description
1 Noise studY
These are being transmitted as check below:
[!J For your use 0 As requested 0 For your review & comment
o For your reference & file 0 Other as indicated below
Remarks:
Attached for your review is the noise study. The color renderings will be delivered to your
office Monday morning (11.21.05). Please let me know if you need anything else.
cc:
From: Nicole R. Slmoson
.
Joe eusc.-..eri
Acoustics and Viblation Consultant
2398 NW 38Ul Street
Boca Raton, Florida, 33431
TEL: 561 2897091
FAX: 561 8521784
November 17, 2005
Mark Paulino
EAST COAST DEVELOPMENT, LLC
4036 Artesa Drive
Boynton Beach, FL 33436
mpaulino@prodiQv.net
Re: Boynton Beach Car Wash Facility
Dear Mr. Paulino:
This letter is to report on the findings of the sound level analysis performed for the proposed
site of the Car Wash facility on Congress Avenue north of SW 30th Avenue in Boynton Beach,
Florida. Provided in this letter are the measured sound pressure levels at the property and in
the residential community just north of the proposed site, and estimates of the anticipated
sound levels due to the operation of the car wash facility. Also provided are comparisons of the
anticipated sound levels due to the operation of the car wash facility to the measured
background ambient sound levels and to the permissible noise levels by the City of Boynton
Beach Noise Control Ordinance and the City of Boynton Beach Sound Control Ordinance.
The proposed car wash facility site is located along the east side of Congress Avenue north of
SW 30th Avenue. The proposed carwash site north property line is common to another area
zoned industrial and approximately 200 feet from the south property line of the residential
properties to the north of the site. The site ambient background sound levels has contributions
from traffic noise on Congress Avenue and when traffic is light on Congress Avenue,
contributions from the noise from 1-95 traffic. The anticipated major sources of noise from the
car wash facility, not including the contribution from additional traffic, are the blower fans at the
exit of the car wash building and the vacuum stations on the east of the car wash building. The
blower fans and the car wash building opening closest to the blower fans are approximately 55
feet from the site property line and approximately 255 feet from the residential property line to
the north. The closest VAC unit is approximately the same distances, 55 feet and 255 feet
from the site property line and the residential property line respectively. In between the
proposed car wash site and the residential properties to the north is a vacant lot, which if a
building is placed on this lot will act as a sound barrier and it will mitigate the sound transmitted
from the car wash operation to the residential properties.
To characterize the noise levels at the proposed car wash facility, sound level measurements
were performed at two locations, one within the proposed car wash site property and one along
the south property line of the residential properties north of the proposed car wash facility site.
The sound level measurements were performed on a Saturday morning between 9:00 am and
11 :00 am, as this would be considered the most quiet time with regards to noise from traffic on
Congress Avenue and 1-95. The noise levels at the proposed car wash site and at the
I
. Page 4 of 4
November 17,2005
Sound Pressure Level
140 dB Threshold of Pain
130
>
120
110
~ 90 ·
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~ ~
80
100000
70
60
10000
50
30
20 0 Threshold of Hearing
Joe ClISCt-Ueri
Acoustics and Viblation Consultant
2398 NW 38th Street
Boca Raton, Florida, 33431
TEL: 561 289 7091
FAX: 561 852 1784
November 27, 2005
Mr. Ed Breese
City Of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida, 33435
Re: Boynton Beach Car Wash Facility
Dear Mr. Breese:
As per our conversation after the P&Z meeting, please find enclosed copies of the information that I
was given from the applicant that I used to calculate the noise levels from the proposed car wash
facility. I'll be sending you the calculations that explain my results in the next few days. To give you
a brief overview of the information provided, I page numbered the sheets for ease of recognition.
Pages 1 and 2 give the noise levels of the blowers. Page 1 is from the manufacturer of the car wash
equipment SONNY'S, while page 2 is a composition by Rapido Rabbit. Notice that this information is
the same as the one from SONNY'S even though it appears that the blowers are in an enclosure. In
other words this does not take into account the influence of the enclosure. The 75 dBA at 100 feet
with blowers inside a car wash facility are inconsistent with sound level data that I measured for the
same type blowers at 100 feet. My measurements indicate a sound level of 61 dBA at 100 feet. So
use the information on page 2 with some caution.
Pages 3 to 14 relate to the VAC units. Page 3 is a summary of the tests performed, page 4 is a
cross section of the V AC motor, page 5 gives the details of the components, and page 6 shows
some photographs of the measurements set-ups. Pages 7 and 8 give a summary of the VAC noise.
However notice that in this case the information is given is sound Power and not sound pressure.
Sound pressure can be calculated from sound power taking into account the distance from the
source, in this case the VAC unit, to the observer. I'll outline the method that is used to calculate
sound levels from sound power when I send you the calculations. Sones is another way to represent
the sound, but since the City Ordinance does not use this sound metric, we can skip over this
information. Pages 9 to 14 give details for the measurements performed to characterize the noise
from the V AC units. This information supports the summary data in pages 7 and 8. This information
is used if one is interested in the frequencies of the noise and to calculate the quantity reported in
sones. The City Ordinance is written in terms of overall A-weighted sound levels (dBA) hence this
information need not be used except to ensure that there are no distinct tones.
Please review this information and if you have questions do not hesitate to contact me.
Sin re , , " . ,. '_'___ . _._.______.___.._
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74.03
75.S3
73.94
72.59
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ec.07
76.73
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19.27
80.43
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71.37
2
49.37
$3.M
S~.IS
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Cl3.S4
54.~
62.20
67.12.
72.17
73.05
75.83
73.94
71.30
74.80
79.15
77.61
)'8.60
18.57
79.82
77.70
'18.43
74.88
11.33
.1
.(IUO
55.97
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64.81
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82;OT
75.55
. 't5.0,
74.58
73'..24
12.71.
7U2
77'.14
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7'.$3
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78.13
16.06
73. 48
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.4M1
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155.26
41"01
52..4
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16;60
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78.44
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.cue
64..21
$2.83
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5!*-17
59.71
53.24
53;48
18.14
nse
715.45
73.27
n.34
''1'4.04
74.33
7U2
78.75
7t.32
SUI!
81.69
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rUT
'17.89
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78,28
78.00
77.08
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TOTAL P.13
'DEe 01,2005 00:29
5618521784
paq9 1
aM HW 311' st...
80cI RMon. F1or1dl1, 33431
TEL: 581 289 7091
'AX: 581 8521784
Joe Cuschieri
Acoustics :lnd Vibr;ttion
Consult.tnt
Fax
1br Mr. Ed Bteese FNnII Joe Cusdllert
'ax: 561-742-6259 ...... 8 (Wtt:~.q,u'-1 (;C,VO' /,'Ja."ft( )
'I V
..... DIal 1113012OO5
... Boynton Beach carWash Facilly CC: Bradley Miller
C u.".nt B Far RevIew 0 ...... c.......-nt C ....... RtIpIy [J PI88M......
Please find attached my calculations for the proposed car wash faciIty. GiVe me a call it you have
questions,
DEe 01,2005 00:29
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Meeting Minutes
Planning and Developmeri\Soard
Boynton Beach, Florida
November 22, 2005
Owner:
Location:
N/A
North of Miner Road; between Lawrence Road
and Congress Avenue
Description:
Request for Master Plan Modification to reduce
side yard setbacks from ten (10) feet to eight
(8) feet for construction of screened roof
enclosures.
Chairman Wische announced this item has been postponed until the December 22,
2005 Board Meeting that will be the Board's regular meeting date for December.
Motion
Mr. Cwynar moved to continue the Foster Mill master plan modification item until
December 22,2005. Motion seconded by Mr. Casaine and unanimously carried.
B. Rapido Rabbit Carwash
Conditional Use
1.
Project:
Agent:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue; approximately
275 feet north of SW 30th Avenue
Owner:
Location:
Description:
Request for Conditional Use and Site Plan
approval for a 4,595 square foot automated
carwash facility and related site improvements
on a 0.88-acre site zoned M-1, Industrial.
Chairman Wische pointed out this item has been pending since March of this year and
has come back to the Board because staff wanted to have a certified noise study
performed and presented to the City. A copy of the noise study performed by Acoustics
and Vibration Consultant, Joe Cuschieri was provided to the members and the
Recording Secretary, a copy of which is on file in the City Clerk's Office.
Ed Breese, Principal Planner, presented the item on behalf of staff and pointed out the
item is a conditional use approval/new site plan for a 4,595 square foot automated
carwash facility. Mr. Breese reviewed the adjacent uses that included the Golfview
Harbor subdivision to the north and the Safe and Secure Storage Facility, zoned M-1, to
the south. Further south is the right-of-way for SW 30th Avenue and developed M-1
industrial property, including Tire Kingdom. To the east is developed industrial property
with offices and warehouses. West is the right-of-way for Congress Avenue and further
west is Manor Care ACLF zoned community-commercial (C-3).
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Mr. Breese explained Attorney Michael Weiner submitted an application for code review
(CORV 05-001) to allow carwashes in the M-1 zoning district, which was approved by
the City Commission on June 21, 2005. Adoption of the code review now allowed
carwashes as a conditional use within the M-1 zoning district, which is the reason the
Board is reviewing a conditional use, along with the new site plan, for the project.
Having carwashes as a conditional use allows greater scrutiny of reviewing site design,
operational characteristics, and potential impacts on surrounding properties.
Palm Beach County reviewed the proposal and the City received a letter dated February
2, 2005 indicating the proposed project met the County's traffic performance standards.
When staff reviews conditional uses, there are standards for evaluating them. Mr.
Breese discussed some of the items involved in the review as follows:
(1)' Ingress and egress to the subject property.
According to the site plan there are two proposed points of ingress and egress: one
point of access would be off Congress Avenue at the very northwest portion of the
property that would be partially shared with the vacant industrial parcel to the north. The
second point of access is off SW 30th through the Safe and Secure property site. This
road would connect to the east-west road connecting to Congress Avenue.
The applicant has submitted a draft of the required cross access easements that are
required between this parcel and the vacant parcel to the north, as well as the Safe and
Secure site to the south. The City Attorney has reviewed them for sufficiency and they
will have to be executed prior to the first permit being pulled.
(2) Off-street parking and loading areas, with emphasis on glare, noise, and
odor effects that the conditional use would have upon adjacent and nearby
properties.
The site plan provides for 18 regular parking spaces and one handicapped space that
were demonstrated on the site plan.
Attorney Tolces pointed out that this is the first time the Board has actually heard the
application for conditional use and site plan approval.
Mr. Breese pointed out the locations of the parking spaces located on the west side of
the carwash. The parking area is landscaped on all four sides to minimize noise and
glare from the headlights of customers' vehicles. The wash tunnel openings have
additional landscaping above the curb requirements at varying heights to provide a
dense vegetation barrier to the inner workings of the carwash and to screen the vehicle
stacking and exiting movements from the carwash.
The parking lot light fixtures are proposed at 20' in height and staff has conditioned the
baffling of the fixtures to prevent glare and light spillage onto adjacent properties.
4
Meeting Minutes ..
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Additionally, staff recommended that the illumination be reduced to security lighting
within one (1) hour following the closing of the business every night.
Staff has required a second landscape buffer that would be placed along the north side
of the entrance exit on Congress Avenue to increase the visual and sound barrier for
the neighborhood to the north. Golfview Harbor is approximately 200 feet from the
carwash site and separated by a vacant industrial parcel, yet to be developed, plus the
canal. Staff felt that the introduction of the following made the project a viable one, and
the site plan met the intent of the code by introducing increased compatibility, plus the
following: (a) buffering based on the landscaping, (b) distance separation, (c) design
characteristics, (d) limiting the business hours, (e) baffling of the light fixtures, (f)
illumination reduction to security lighting, (g) turning the power off to the mechanical
equipment at closing and (h) increasing the landscape buffer. Staff is recommending
that the hours of operation be 7:00 a.m. to 7:00 p.m.
Mr. Breese next enumerated all the landscaping that would be placed at the site. Staff
has also recommended installing decorative buffer walls along the north, south and east
buffers around the carwash tunnel to help shield the inner operations of the carwash,
soften the look of the vehicle stacking, blocking the headlights as vehicles exit, and
assisting with the noise associated with the vehicles leaving the carwash tunnel and the
mechanical equipment.
The applicant has expressed a concern about placing walls in the locations
recommended by staff and requested installing the additional landscape buffer in place
of the wall. Staff recommended that all landscaping installed at the project be installed
in a mature full state to provide instant screening. The City Forester would inspect the
installation of the landscaping. However, staff is still recommending the placement of
the walls.
The proposed building meets all setback requirements of the M-1 zoning district and is
generally compatible with adjacent properties and other properties within the zoning
district, including the other automotive related industrial uses within the Congress
Avenue Corridor. Mr. Breese pointed out that automotive uses are currently allowed in
the M-1 zoning district.
The general design of the building utilizes some of the same type of building elements
as the Safe and Secure building immediately to the south, including roof material and
color. The project appears to be compatible with other uses within the M-1 zoning
district. The traffic approval letter from Palm Beach County indicated the project would
generate 196 new daily trips with peak hour trips being 14 in the morning and 14 in the
afternoon.
The remaining compatibility issues are operational in nature and involve noise and
visual effects. The applicant proposes to minimize these effects by using dense
landscaping buffers.
5
Meeting Minutesb.
Planning and Development Board
Boynton Beach, Florida
November 2.2, 2005
Staff requested and received the sound study that the members were provided. Staff is
further requiring that all mechanical equipment be turned off at the close of business
each day and the lighting on the site be reduced to security lighting within one hour
following the close of business each day.
In conclusion, the sound study appeared to demonstrate compliance with the City's
noise ordinance. Mr. Breese pointed out that staff does not have the technical expertise
to definitively make this determination. As a result, staff would like more time to review
the information, prepare questions based on what is contained in the study and
potentially bring in a professional to assess the study. Based on this, staff is
recommending that the item be postponed.
Mr. Cwynar inquired if any of the trees would be vulnerable to hurricanes. Mr. Breese
responded that live oaks are better than many trees in withstanding the types of storms
that have occurred recently, but it is possible that they could go down during a storm as
well. Mr. Cwynar also inquired if there were any overhead power lines around ~he
perimeter of the site. Mr. Breese said there were power lines on Congress Avenue. Mr.
Breese pointed out the heaviest landscaping is located along the north, east and south
perimeters of the project and pointed out the location of the landscaping on the plans.
Mr. Cwynar would like to make certain that whenever staff reviewed landscaping, they
review it in conjunction with the location of the power lines, so the landscaping would
not intertwine with power lines. Mr. Breese felt that the City's Forester looked at this
when he reviewed landscape plans.
With regard to the sound study, Mr. Cwynar reviewed the letter quickly. However, he did
not feel it was necessary to obtain another engineer to do another study, because the
engineer that performed the study is a certified engineer, PhD and an acoustical
consultant. He summarized in his report that the environmental noise impact from the
operation of the proposed carwash facility is insignificant to the residential properties
north ofthe proposed site.
Attorney Mike Morell, in the audience, voiced an objection. Chairman Wische requested
he take his seat until it was his time to speak. Attorney Morell continued to object.
Chairman Wische explained when the Board was done speaking, the public hearing
would be opened. Attorney Morell again objected for failure to follow quasi-judicial
procedures. Chairman Wische again requested Attorney Morell sit down.
Mr. Breese felt staff's review of the noise study revealed the number fell very close to
the tolerance allowed in the code. He pointed out there was not much data on how the
consultant arrived at his calculations.
The blowers in the carwash have a decibel level of 79 in an open environment. The
report indicated immediately outside. the structure, the decibels drop to 69. At the
property line, to the residential area to the north, it dropped to 59. There were no
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2006
formulas shown how the consultant arrived at these figures. As a result, staff is
uncertain about the report.
Attorney Tolces explained that the Board's typical process during these meetings is to
have staff make their presentation and then have the applicant make their presentation.
Attorney Morell went to the podium and contended Chairman Wische had not followed
court procedures. He noted that Chairman Wische allowed members to ask staff
questions, which is appropriate. However, Mr. Cwynar voiced his opinion. Attorney
Morell stated the Board should refrain from expressing their opinions since this was a
quasi-judicial proceeding. Attorney Morell pointed out Chairman Wische did not swear
ex-parte communications at the beginning of the proceeding. The City's code imposed
all quasi-judicial restrictions on the Planning and Development Board that applied to the
City Commission.
Attorney Morell recommended that the Board grant staff's request to postpone the case
one month and get it all re-noticed and get it right the next time. Attorney Morell said he
represented the Chiodos and the Maloneys. At this point, Attorney Morell sat down.
Chairman Wische requested Attorney Morell provide his address. Attorney Morell
responded his address was P.O. Box 18649, West Palm Beach, Florida.
Attorney Tolces informed the members they were free to make comments and ask
questions as the case proceeds.
Ms. Jaskiewicz questioned if the carwash was actually consistent with the other auto
related businesses in the area, such as Tire Kingdom. She pointed out people going to
Tire Kingdom enter the premises from the side street. Ms. Jaskiewicz felt the project
was not compatible with the uses along Congress Avenue. She also pointed out an
elementary school was located across the street, plus residential homes and a nursing
facility. In order to enter the carwash when coming from the north, a u-turn would have
to be made. Ms. Jaskiewicz was opposed to having a carwash at this location.
Mr. Saberson noted when the request was made to add carwashes as a conditional use
in the M-1 zoning district, the City engaged Michele Mellgren and Associates to do a
study to determine what uses should be allowed on Congress Avenue. Mr. Breese
explained the Commission placed a Notice of Intent (NOI) immediately following this
request and a consultant was brought in to look at the M-1 zoning throughout the City.
The study is ongoing and is nearing conclusion. Mr. Saberson inquired if any
determination had been made in the study that carwashes are appropriate along
Congress Avenue in the M-1 District. Mr. Breese was not aware if the consultant had or
had not recommended that carwashes would be appropriate along Congress Avenue.
Mr. Saberson noted that a petition signed by 2,000 people opposed to the project had
been presented to the City. Mr. Breese acknowledged a petition had been signed, but
he was unaware of the exact number. Mr. Baldwin stated that on June 21, 2005 a
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
petition with approximately 2,000 signatures was handed to the City Commission
opposing a carwash in this area.
Mr. Baldwin referred to the shared road off Congress Avenue, half of which would be on
the vacant land. He noted there were trees on the vacant land and he inquired who
would be planting and maintaining the trees. He inquired if the applicant had the legal
right to use the roadway in back of the self-storage facility. Mr. Breese pointed out that
there are cross access easements and agreements that have been entered into and this
is the responsibility of the applicant.
Mr. Saberson. inquired when the NOI study would be completed. Mr. Rumpf responded
that the NOI had been extended for three months and would expire in January 2006.
Mr. Rumpf explained the study period originally was for 180 days to study the M-1
regulations in the areas currently zoned M-1. Preliminary findings have been provided to
staff and questions and comments have been forwarded to the consultant. Staff is using
this time to finalize recommendations and make clarifications.
Mr. Saberson inquired if the NOI was to put all applicants in the M-1 zoning district on
notice that their applications may be reviewed in conjunction with the results of the NOI
study. Mr. Rumpf said the results of that study would not apply to this project because
this application was submitted in advance of the execution of the NOt. It will state what
could and could not occur on properties currently zoned M-1 prior to expiration of the
NOt. Ms. Jaskiewicz pointed out the dearth of M-1 zoning in the City and questioned
why the study would not apply to current projects. Mr. Rumpf noted only this application
would not be included in the study.
Mr. Casaine inquired if the Board would be allowed to comment after the applicant
made his presentation and the proceedings were turned over to the public. Chairman
Wische agreed with this procedure.
Mr. Breese noted the cross-access agreements are not only with the property owner to
the north, but also with the property owner to the south, which is the storage facility.
Therefore, there are two points of ingress and egress and would not necessitate u-turns
on Congress Avenue, even though they could still occur.
Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, assumed the podium
and noted he was present for a conditional use and for the record, there is only one
condition of the 36 conditions that they do not agree with. The only thing he anticipated
discussing was the wall. Attorney Weiner requested to address some procedural
situations and noted this Board is a recommending body and the item will be referred to
the City Commission for a vote. Attorney Weiner informed Attorney Morell that he would
not cede the microphone to him during his presentation. Attorney Weiner asked
Assistant City Attorney Tolces if he would like to address the Board's procedures.
8
Meeting Minutes ..
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attorney Morell objected and Attorney Weiner duly noted Attorney Morell's objection.
Attorney Weiner pointed out the hearing was quasi-judicial, not judicial and is not like a
court proceeding.
Assistant City Attorney T olces reported that the Planning and Development Board heard
matters that are quasi-judicial for a recommendation to the City Commission. The Board
hears from staff, asks questions and makes comments. The applicant then makes their
presentation and the Board can ask the applicant questions, make comments and
address certain issues. Following this, the Chairman would open up the public hearing
for testimony and information presented by the public. The Board can also ask
questions of the members of the public that have been sworn in. After that, the public
hearing is closed and a motion could be made, discussion could take place and a vote
could be taken for a recommendation to the City Commission on the application before
the Board.
Attorney Weiner said since the public would be speaking, he requested that the Board
allow him a few moments of rebuttal to respond to what the public had to say. Attorney
Weiner also asked the Board members if they would like to disclose any contacts they
might have had. Attorney Morell objected. Attorney Weiner duly noted Attorney Morell's
objection. Chairman Wische requested that Attorney Morell sit down, otherwise he will
be requested to leave the building since Chairman Wische felt Attorney Morell was
disrupting the meeting.
Attorney Weiner asked the members to announce any ex-parte communications they
may have had.
Chairman. Wische received a telephone call from Attorney Morell that was on his
answering machine. Chairman Wische did not return the call because Attorney Morell
wanted to meet with him to discuss the case. Chairman Wische did not wish to meet
with anyone to discuss matters that he would be voting on until they appeared before
the Board. This was the only reason he did not return the call; there was no intent to be
discourteous. Chairman Wische felt it was improper for him to meet with Attorney
Morell.
Assistant City Attorney Tolces added that Board members could during the hearing,
disclose any ex-parte communications they may have had. When the ex-parte
communication is disclosed, it is deemed non-prejudicial because it would be on the
record.
Attorney Morell shouted a motion to voir dire the declaration of ex-parte communication.
Chairman Wische warned Attorney Morell not to interrupt the proceedings.
Assistant City Attorney Tolces added that the Chairman is authorized under ~2-11 of the
City Code that once a warning has been given to an individual, and that person does
not comply with the Chairman's request, the Chairman could have that person removed
from the Chambers.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attorney Weiner responded that Attorney Morell could have the microphone, duly noting
all of his objections, and he could make them at that time, and not interfere with the
applicant's presentation.
Mr. Saberson reported that he spoke with Commissioner Ensler concerning this matter.
Mr. Baldwin reported that he spoke with Commissioner Ensler on the telephone.
There were no other ex-parte communications revealed.
Attorney Weiner inquired if the conversations the Board members had with the elected
Commissioner prejudiced their vote and they responded it did not.
Originally Attorney Weiner explained he was present to discuss a carwash that resulted
in 146 trips, 14 at peak hours, on a road that carried 20,000 to 30,000 cars per day. He
did not think they could have a project on the site that would generate less traffic. The
carwash is approximately 4,900 square feet on 9/1Oths of an acre that covered less
than 15% of the property. The building is actually 15~ feet lower than allowed and was
located 55 feet from the north property line, but it could have been 15 feet.
Attorney Weiner noted they were not trying to force the building upon everyone in the
neighborhood. The project contained more landscaping than required by code. The
carwash is no longer a Rapido Rabbit carwash because they lost the franchise because
the applicant was required to be too garish.
Attorney Weiner discussed ingress and egress to the site and how the traffic would be
handled to provide 200 feet of stack-up. It only took three minutes to wash a car;
therefore there would never be enough cars in the stack-up zone to get close to the
street. The carwash is designed with all extra expenses. The only people near the site
live 250 feet across the canal. He pointed out the carwash is a permitted use. Other
permitted uses are towing companies with outside storage. His client wanted the project
to look good, not garish and to make it fit and become the hometown carwash.
Attorney Weiner noted to obtain a conditional use approval there are 12 standards to be
met and they have met them all. He pointed out there is a 13th requirement that
required a sound report for bars and nightclubs, but the applicant was agreeable to
obtaining one for his project, even though it was not required. A copy of the report had
been previously distributed. Attorney Weiner noted there were 13 pages of technical
data in the file regarding the vacuums and central blowers of the carwash. Mr.
Cuschiere, that performed the study, is present to answer any questions.
Attorney Weiner noted that when people purchased their homes in Golfview Harbor,
they knew what surrounded their homes that included M-1 zoning. The applicant is a
concerned owner that wants his business to look good. Attorney Weiner pointed out the
project was compatible with the area and, in fact, even improved the area.
10
Meeting Minutes ~
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attorney Weiner reported Steve Boudreau was present and is an expert in the
operations of carwashes. He is available to answer any operational questions. Also, Mr.
Bradley Miller, the Land Planner, was present.
Attorney Weiner requested to address the wall that staff was requesting. He felt that
landscaping and shrubbery would be much better than a wall. If they built a wall, it
would be subject to graffiti, maintenance, and crime. He felt putting up a masonry
straight wall would be a step backwards. The noise study indicated the project would
not create noise in excess of the code. The City has a Code Enforcement Division for
this purpose. He felt it was foolish to require another noise report, when they voluntarily
provided a report that was not required. He pointed out the item would not go to the City
Commission until December 6th, which would provide the City sufficient time to have
another study done. Attorney Weiner requested the Board make a recommendation so
the project could move forward. They want to be a good neighbor and show people that
seem to have a hatred for the carwash, that the applicant is not their enemy and the
. project is a good project.
Mr. Casaine had a question for Steve Boudreau.
Steve Boudreau, 275 Eliot Street, Beverly, Massachusetts assumed the podium.
Mr. Casaine asked Mr. Boudreau if he was familiar with Motor City Carwash. Mr.
Boudreau was aware of it. Mr. Casaine was familiar with Motor City Carwash as far as
its operation and noise and asked Mr. Boudreau if he could compare the noise level of
Motor City Carwash to the applicant's facility.
Mr. Boudreau reported that Motor City Carwash has a central vacuum system and when
pulling into the site the vacuum hoses were visible. A central vacuum system is the
noisiest system. The applicant's facility does not have this type of vacuum system. It will
have small self-service individual units. The blowers inside the. carwash are muffled.
The blowers at Motor City are somewhat similar to the applicant's blowers.
Ms. Johnson asked Attorney Weiner if they were agreeable with the hours of operation,
Le. 7:00 a.m. to 7:00 p.m. Attorney Weiner responded they were in agreement with the
hours. Ms. Johnson inquired if the business would operate seven days per week and
was informed that it would.
Ms. Jaskiewicz pointed out there are other carwashes located near the applicant's site
at Woolbright Road. Those two establishments have ingress and egress from two
different streets. She felt this was a big difference from the applicant's ingress and
egress. Attorney Weiner responded the applicant's site has two ingresses and
egresses as well. In addition, there will be a monument sign indicating how to enter the
carwash. People would make a turn at the light, go around the backside and enter the
carwash that would be safest way to enter the site. There is a right turn only onto
Congress Avenue.
Chairman Wische opened the public hearing.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2006
Mike William Morell, P.O. Box 18649, West Palm, Beach stated he is an attorney and
practices land use and administrative law. He was present on behalf of his clients, Dr.
Christopher and Mrs. Linda Chiodo and Christopher and Natalie Maloney that own
property immediately north of the project site.
Attorney Morell pointed out Dr. Chiodo has been a resident of the City for over 32 years
and is very active and supportive of the City's redevelopment endeavors. He was
representing Dr. Chiodo and his wife as residents that are being adversely affected by
the project. Attorney Morell requested that Ms. Chiodo stand up and be recognized.
Attorney Morell's other clients, Christopher and Natalie Maloney, were also present.
Attorney Morell requested he be allowed to point out on the map where his clients live in
relation to the project.
Natalie Maloney, 1460 SW 28th Avenue, took the podium and pointed out where she
lived on the map. Ms. Maloney also pointed out the location of the Chiodo's property.
Attorney Morell noted the Chiodo's property is vacant land and they live at 2515 SW
13th Court, which is Golfview Harbor Terrace. Dr. Chiodo intended to use the vacant lot
to build a home for his daughter who recently married.
Attorney Morell pointed out the issue before the Board is whether the City of Boynton
Beach applies consistent rules to the location of carwashes throughout the City and
whether or not the carwashes are compatible with residential uses.
Attorney Morell apologized for making the earlier objections, but noted a lawyer has a
duty to his clients to make a record. When the Board departed from the procedures in
the code with regard to how quasi-judicial proceedings are conducted, he felt it was
necessary to make the objections. Attorney Morell also apologized if he offended
anyone.
Attorney Morell pointed out that Mr. Weiner noted on the record that this was a quasi-
judicial proceeding after the proceeding had already begun. It was most unusual that
the declaration of ex-parte communications did not occur at the beginning of the
meeting and Board members began to ask questions of staff. He noted that Mr. Cwynar
innocently voiced an opinion as to whether or not another expert opinion was needed.
Attomey Morell felt Mr. Cwynar did this in good faith. Normally when a Board declares
an ex-parte communication, they normally declare whom they spoke to, the nature of
their communications and declare whether or not that person has an open mind on the
issue and is still capable of making a decision based on all the evidence heard. Since
this was not done in this case, Attorney Morell requested to preserve that objection.
Chairman Wische called for point of order and asked Attorney Morell why he thought
the Board made a decision prior to what he brought up. Attorney Morell felt it was
improper for Board members to voice opinions before they have heard all of the
testimony in the proceeding. Attorney Morell felt Mr. Cwynar voiced an opinion in good
faith, but he felt what he said could be cured if Mr. Cwynar told Attorney Morell,
12
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Meeting Minutes .
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
notwithstanding what he said, he was capable of hearing all of the evidence before he
made a decision on the issue.
Chairman Wische responded that all Board members have a duty to the City. This is a
pro bono Board, but they follow City Codes and Ordinances. Speaking for all Board
members, Chairman Wische noted members receive their backup material prior to the
meetings and have an opportunity to study the material before they meet. When they
attend the meeting, members listen to the applicant, the public hearing is declared,
questions are asked, and after everyone has been heard, Chairman Wische would call
for a motion. He was offended that Attorney Morell implied that the members were not
acting correctly. Chairman Wische pointed out that he is the Chairman, he runs the
meeting and he vouches for the Board. He did not want to hear any insinuations that
they are doing anything wrong.
Attorney Morell said he was duty bound for his client to make a record. He requested to
present an objection that Chairman Wische was not allowing him to present an oral
presentation. He said that quasi-judicial decorum allowed him to make presentations,
but requested to move on. Chairman Wische said he could move on, but he should be
cautious about what he said about the Board.
Attorney Morell said his client had a right of free speech to say whatever she believed
before the Board. If his clients cannot say what they believe, Attomey Morell felt it was
evidence that the City's procedures have been violated. He further stated Chairman
Wische was wrong as a matter of law, and the Board was denying citizen participation.
Attorney Morell wished to address Mr. Saberson's question to staff regarding the
application of the NOI. He stated the NOI was adopted for the study of the M-1 zoning
district that recognized the vested rights of applicants that submit applications before
changes are made in the code. An NOI is actually a moratorium that stopped
applications from being submitted until the City decided on how it wanted to proceed.
Therefore, if the City decided to amend the Code that stopped the application process,
Attorney Morell felt the applicant had no vested rights. He would only agree with staff if
the City chose to take the study and amend the Code.
This is a quasi-judicial proceeding and the case at hand is a conditional use application.
Information within that study, even at this stage and regardless of its content, would be
the best evidence whether the application met the existing regulations. Attorney Morell
pointed out the application makes major findings on the City's six M-1 zoning districts. It
also contained a great many interesting comments about the district in which the site of
the application is located. He would request, in addition to staff's request, that the
Board postpone the item until staff had an opportunity look at the study.
Attorney Morell noted that on Friday, staff did not have the sound study and staff was
recommending that the matter be delayed until the study was received. The study has
. now been received; however, staff is still asking for additional time to review it. Attorney
Morell would like more time to review the information and felt the City's rules of public
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
participation should afford his clients the right to look at the sound study. He asked
Attorney Weiner before the meeting to delay the matter, but he was not agreeable to
doing this.
Attorney Morell noted the matter would be on the City Commission's agenda for
December 6th. Attomey Weiner sent a letter to the City Commission informing them that
he had a conflict that night and must be in Delray Beach and Boynton Beach the same
night. As a result, Attorney Weiner requested that Delray Beach place his item at the top
of the agenda and Boynton Beach to put their item at the end of the agenda. Attomey
Morell felt this was against public participation. His clients worked hard to gather 2,000
signatures protesting the carwash and they had a chance to be heard during the
rezoning hearings. He would like them afforded the same courtesy on the conditional
use hearing. He telt that having the matter on the agenda at 11 :00 p.m. was too late tor
people to be heard.
Attorney Morell requested the matter be continued for one month to allow him time to
find an expert to do an additional sound study that would address Mr. Cwynar's
question if another study were necessary. Attomey Morell questioned the tact that Mr.
Cwynar, after his question was answered, voiced an opinion that they did not need any
more information on the sound study to make a recommendation.
Mr. Casaine interpreted this to mean that Attorney Morell was accusing a Board
member of stating there was no need for another study. What Mr. Cwynar actually said
was why would another opinion be needed. Further, Mr. Casaine requested that
Attorney Morell refrain from reminding the Board members of their responsibilities
because it was not necessary.
Mr. Casaine requested that a time limit be set tor Attorney Morell to speak because
there are other people that would like to speak. Attorney Morell took offense to this
remark and inquired if Attorney Weiner was allowed to speak longer than he was.
Chairman Wische requested Attorney Morell stay with the issue at hand.
Attorney Morell said there is an issue whether the City's Planning and Development
Board is required to follow all of the City's quasi-judicial procedures.
With regard to the issue ot public participation that Attorney Morell continued to raise,
Chairman Wische pointed out it was this Board that instituted public hearings many
years ago. Chairman Wische noted this Board conducted public hearings on every
issue.
Attorney Morell stated the interruptions continue to deprive him ot his right to make his
record. Attomey Morell requested he be allowed to voir dire those Board members that
declared. ex-parte communications, which he equated to three.
Attorney Morell noted Chairman Wische acknowledged his telephone call, but did not
call him back. Attorney Morell asked Chairman Wische if spoke with anyone else about
14
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Meeting Minutes
Planning and Development'Soard
Boynton Beach, Florida
November 22, 2005
the application to allow carwashes in the M-1 zoning district as conditional uses since
the adoption of the ordinance. Chairman said he did not speak with anyone to his
knowledge. Attorney Morell asked Chairman Wische if he spoke with anyone previously
and Chairman Wische asked Attorney Morell if he was on trial.
Attorney Tolces announced that the Board members have complied with their
responsibilities under the City's ex-parte communications and are under no obligation to
answer any questions posed by Mr. Morell. Attorney Morell disagreed, but would
reserve his objections.
Attorney Morell stated this is a case whether the City fairly applied its existing
regulations for allowing carwashes and whether all neighborhoods are treated the
same. Attorney Morell felt there is a difference in the way the law is being applied in the
City.
The minutes of the City Commission Meeting of October 21, 2003 show the City applied
variances to a carwash located in Commissioner McCray's district called the Marouf
Carwash and was approved over the objections of the neighborhood residents. When
the vote was taken, Commissioner McCray opposed the variances. At the next
Commission meeting, a motion was made to rescind the quasi-judicial variance on the
grounds of incompatibility. Over the objections of the. City Attorney regarding possible
legal ramifications, the City reversed its vote and the variances were rescinded 5-0.
Attorney Morell requested that the Commission minutes of October 21, 2003 and
November 18, 2003 be included with the minutes of this meeting. Attorney Morell
provided copies to the Clerk.
Chairman Wische requested Attorney Morell sum up his testimony. Attorney Morell
asserted that his rights have been denied because of all the side bar interruptions.
Mr. Saberson requested that Attorney Morell be provided five more minutes to sum up
his presentation. Chairman Wische granted Attorney Morell three minutes for
summation.
Attorney Morell noted there was no clock running, to which Chairman Wische took
offense to the comment. Attorney Morell requested to discuss the wall. He noted the
staff report recommended a wall be constructed on the applicant's property. The
applicant is requesting shrubbery in place of a wall. This is the only condition in dispute
raised by Attorney Weiner. Attorney Morell stated there are legal and impact grounds
why the wall should be placed between the carwash and his clients' properties. They
have tried to ask the developer to place the wall to obstruct sight and sound that he
considered a reasonable condition. He noted the wall placed by the self-storage facility
proved beneficial to Go/fview Harbor, and he would like this wall extended to the
carwash property as well. If the wall were extended out to Congress Avenue, it would
mitigate the noise. Attorney Morell felt this Board has the right to ask that the wall be
15
Meeting Minutes
Planning and Development'lJoard
Boynton Beach, Florida
November 22, 2006
placed on the joint property, since the applicant has refused to place the wall on his
property.
Klaus Weyers, 1079 Kokomo Key Lane, Delray Beach, Florida, was amazed at how
the proceedings have gone tonight. Mr. Weyers was a real estate agent. He sells
property in Boynton Beach and plays tennis in Caloosa Park. He would like to have a
carwash in the vicinity so after he plays tennis, he could get his car washed.
Mr. Weyers pointed out there has been no regard for the business people that have
purchased the property and invested their money. He felt they were being required to
jump through hoops for more than one year to get their project approved. He thought a
great deal of money was being spent needlessly. He requested that the Board approve
the carwash.
Ken Sengage, 201 East Boynton Beach Boulevard, would like to see the case
postponed so that additional sound studies could be conducted. He felt the sound study
indicating 69 to 70 decibels is inaccurate. He owned the carwash across from City Hall
and his blowers put out 110 decibels according to his sound meter. He would
recommend that the case be postponed for one month until the sound studies are done
properly.
Mr. Saberson said if the conditional use application was filed after the Notice of Intent,
he felt the results of the application would be subject to the NOI.
Attorney Morell responded that the applicant filed their application prior to the NOI
taking effect. This was not the issue according to Attomey Morell. The issue is whether
the information could be used for purposes of making decisions on the conditional use
application. Attorney Morell was not going to represent that the applicant should not
have vested rights to any subsequent changes to the ordinances that are made as a
result of the report. Attorney Morell stated the applicant had vested rights with regard to
any changes in the LOR. He felt, however, the information in the report is relevant
whether a conditional use application should be granted.
Attorney Weiner inquired if the Board would be amenable to allow him a rebuttal and
Chairman Wise he instructed Attorney Weiner to give his rebuttal at this time.
. Attorney Weiner referred to the one house that was north of the property and was, in
fact, only a short distance from Congress Avenue. He noted the acoustical engineer
reported that the background traffic on Congress Avenue either equaled or exceeded
the carwash blowers. He pointed out that this person purchased the house knowing that
it was located next to Congress Avenue. Attorney Weiner did not feel that a carwash
located 250 feet from the house would. disturb the occupants of that house.
Attorney Weiner also pointed out that the owner of the house could build their own wall
or fence if they so desired. He also noted the project has exceeded the standards set by
the code and they provided an acoustical report, which they were not required to do. He
16
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Meeting Minutes
Planning and Development~oard
Boynton Beach, Florida
November 22, 2005
also pointed out, except for himself and staff, no one else addressed the 12 standards
that must be met under Section 11. D for granting a conditional use. Attorney Weiner
requested the Board look at those standards when considering the request for a
conditional use approval.
Attorney Weiner concluded his report
Mr. Casaine noted that he and the other Board members consider the
recommendations and look at the analysis of staff when items come before the Board.
He is proud of staffs work and felt they did an excellent job for the City. The Board does
not always go with staffs recommendation and may have criteria of their own, but the
Board is committed to the City.
Mr. Casaine addressed whether the carwash would be compatible with other uses in the
area and he felt it would be. He pointed out Tire Kingdom, located across the street, is
in an industrial area. He went out to the site several times to make sure the carwash
would not interfere with the lifestyle of the nearby residents.
Mr. Casaine noted that Motor City Carwash is directly across the street from Santaluces
High School and next door to a grammar school. In addition, there are very nice homes
that surround Motor City carwash. He pointed out when you stood outside Motor City
Carwash there was very little noise, except for a slight humming. This carwash has nine
blowers operating at full blast.
With regard to Main Street Carwash, Mr. Casaine noted the noise that emanates from
that carwash far exceeds other carwashes that he visited. He pointed out he was a
customer of Main Street Carwash.
If Mr. Casaine thought the noise from the carwash would disturb the nearby residents,
he would make sure buffers to shield the noise were installed. However, this is not the
case and he did not feel it was necessary for the project. Mr. Casaine felt a carwash
along Congress Avenue would make less noise than the traffic along Congress Avenue.
He referred to the acoustical study that was provided to the members. He did not feel,
even though staff was recommending it, that another study be done. With regard to
other developments in the area, Mr. Casaine felt they should not even be in the picture
because they are not near the site.
Mr. Casaine was ashamed the City put businesspeople through the exercise that has
taken place tonight. In his opinion, there was no justification to deny the carwash, since
this Board previously approved Motor City Carwash.
Ms. Jaskiewicz asked Mr. Casaine if he spoke so passionately when the carwash in
Commissioner McCray's district was being considered and asked why that carwash was
not allowed. Mr. Casaine said he supported that carwash as well and spoke in favor of
approving it before the City Commission. The reason why the Marouf carwash was
disapproved was due to the concern of the residents that lived in the neighborhood.
17
Meeting Minutes ...
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
They spoke at the meetings citing illegal activities taking place near the Marouf property
that had nothing to do with what was being discussed tonight.
Chairman Wische closed the public hearing.
Mr. Saberson favored staff's request for another acoustical study before this Board
considered the application. He felt that noise was the biggest consideration for the
project.
Chairman Wische pointed out the project had been tossed around. No matter what the
applicant agreed to, staff found another issue to deal with and the project kept getting
postponed. Chairman Wische noted several carwashes have been built in the City and
he was not aware of any carwash being required to obtain a certified acoustical study.
He was surprised that staff again wanted to postpone the item in order to obtain another
acoustical study. If staff wanted another study done, they could do so prior to the
Commission meeting in December. He was not in favor of delaying the project any
further because it was not fair to the applicant.
Motion
Mr. Casaine moved that the request for Conditional Use and Site Plan approval for a
4,595 square foot automated carwash facility and related site improvements on a 0.88-
acre site zoned M-1, Industrial be approved. with all staff conditions, with the exception
that the buffer be the buffer indicated by the applicant.
Ms. Jaskiewicz inquired if Mr. Casaine intended to eliminate the wall recommended by
staff. Mr. Casaine said this was correct.
Ms. Johnson seconded the motion.
Vote
The Recording Secretary called the roll. The motion carried 4-3 (Ms. Jaskiewicz, Mr.
Saberson and Mr. Baldwin dissenting).
Recess was declared at 8:28 p.m.
The meeting reconvened at 8:40 p.m.
Attorney Tolces reported that Mr. Saberson left the meeting and it would be in order to
ask the new alternate to assume his place. Ms. Grcevic replaced Mr. Saberson at the
dais.
C. Nautica
Master Plan Modification.
1.
Project:
Agent:
Nautica (MPMDOS-012)
Troy Cool and Robert Williams
18
I ~~_:'- Of
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
, I
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I
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ December 6, 2005 November 14, 2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the December 6,2005 City Commission Agenda under
Public Hearing. The Planning and Development Board recommended that the subject request be approved on November 22,
2005, subject to all staff comments except for comment #34. Staffwill continue reviewing the new sound study and consider
design alternatives to further mitigate sound, and will report its fmdings, or promote its recommendation to table at this
Commission meeting. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-209.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue, approximately 275 feet north of SW 30th Avenue
Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car
wash facility and related site improvements on a 0.88-acre site zoned M-l, Industrial.
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: N/ A
ALTERNATIVES: N/A
Dev~ror
City Manager's Signature
~J~
Plannmg and mg Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJ CTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 12-6-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
--
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(10
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
~ December 6, 2005
0 December 20, 2005
0 January 3, 2006
0 January 17, 2006
December 5, 2005 (Noon)
o February 7, 2006
o February 21, 2006
o March 7, 2006
o March 21, 2006
January 17,2006 (Noon)
November 14,2005 (Noon.)
February 6, 2006 (Noon)
December 19, 2005 (Noon)
February 21,2006 (Noon)
January 3,2006 (Noon)
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
~ Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
RECOMMENDATION: Please consider this as an addendum to the agenda item currently
scheduled for the December 6, 2005 Commission meeting under Public Hearing and titled Rapido Rabbit
Carwash (COUS 05-004). Staff recommends that the attachments be considered as part of the review of this
conditional use request.
EXPLANATION: The attachments are in response to questions and requests for additional
information regarding the above-described project, and include Memorandum No. PZ 05-244, a copy of the draft
agreement for shared access and off-site improvements, sound data from the acoustical consultant indicating
vacuum specifications, documentation on methodology and calculations for the sound study, and copies of
documents requested for the remaining Commissioners. Staff still has not been provided with information on the
planned blower/dryer equipment, and therefore repeated our request for same to the agent on December 1, 2005.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
Developme
City Manager's Signature
Jr,J7-~
Planning and Zo~ irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 12-6-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC