Minutes 02-21-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, FEBRUARY 21,2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cheraf, City Attorney
Judy Pyle, Deputy Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:29 p.m.
B. Invocation by Reverend Randall Gill - 1st Presbyterian Church
Reverend Randall Gill gave the Invocation.
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
Commissioner Ferguson led the Pledge of Allegiance.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner McCray requested a continuation of the discussion regarding the CRA Board of
Directors and the Director be placed on the agenda for continued discussion. This discussion
will take place under Unfinished Business.
Commissioner Ensler requested reading the legal Ordinance 06-014 dealing with site plan
modifications prior to addressing st. Johns Armenian Church (Item VI.D.2). Attorney Cherof
recommended moving Item D.2, st. Johns Armenian Church to after the reading. There was
consensus this was acceptable.
2. Adoption
Motion
Commissioner Ferguson moved to approve the agenda as amended. Commissioner McCray
seconded the motion that passed unanimously.
II. OTHER:
Minutes
Regular Commission Meeting
J?oynton Beach, Florida
February 21, 20056
A. Informational Items by Members of the City Commission
1. Letter fram Gov. Jeb Bush supporting the Education Network of Palm
Beach County to be selected as a Confucius Institute -- Commissioner
Ensler.
Commissioner Ensler joined Ms. Jane Kupperman and Ms. Jeanne Heavilin at the podium and
announced this program would make Boynton Beach one of the 10 Confuscius Institutes in the
Country .
Ms. Kupperman, the Community Relations Coordinator for the Education Network thanked the
Board for their support and explained the School District would be able to certify teachers in the
teaching of Chinese through this program. She explained this program opens the door for
student and teacher exchanges in the community and would bring scholars into the community
as well. She read the letter to Consul Weiping Zha of China from Jeb Bush, Governor of the
State of Florida. She explained this letter was included with the application to the Chinese
government.
Ms. Jeanne Heavilin, as President of the Sister City Program, addressed the Board. She
announced Boynton Beach's Sister City in China is a City named Qufu, which is the home of
Confuscius. When the first delegation arrived in China in 2001, the delegation was able to visit
the Institute. She thanked the Board for their support and indicated she received an e-mail
from one of their contacts in Qufu asking her to convey the deep appreciation of the people,
the local government and Mayor of Qufu, for the Education Network, City of Boynton Beach
and Sister Cities Committee for their leadership role. She noted this partnership makes the
relationship with Qufu much more important in their eyes.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. March 7, 2006 City Commission meeting has been cancelled and
rescheduled for February 28, 2006 commencing at 7 p.m. in Chambers.
B. Community and Special Events:
1. Heritage Fest -- The Boynton Beach CRA, the City of Boynton Beach
and the Palm Beach Post present the first in a three-part series of Art
and Jazz concerts on the Avenue on Sunday, Feb. 26, from 1-6 p.m., in
the 100 block of E. Ocean Ave. This concert, in recognition of Heritage
Fest, will close out Black History Month with Son of Man, soul jazz;
Orchestra Nostalgia, Latin jazz; and Nestor Torres, jazz quartet. There
will also be local artists, children's activities at the Schoolhouse Children's
Museum and food and beverages. Complimentary parking and trolley
service available from Bank of America at Ocean and Federal.
Recreation and Parks Director Wally Majors, announced the upcoming concert scheduled as
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February 21, 20056
above. He invited all to attend and described the activities available between 1 p.m. and 6 p.m.
Mayor Taylor announced the date and time change for the March 7, 2006 City Commission
meeting.
C. Presentations:
1. Praclamations:
None.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
Mayor Taylor opened the floor for public comments. There were no comments received.
Mayor Taylor closed the floor for public comments.
V. ADMINISTRATIVE:
A. Appointment of Angelina Milano, Larry Goldgeier, Marvin Liebensohn, Jerry Jones,
Wilbur Jean Sims, Bill Andrea, Marilyn Nemes, Rear Admiral Thomas E. Morris
and Retired General Albin Irzyk and Hilda Girtman Pitts as honorary members of
the Veterans Advisory Board.
Motion
Commissioner Ferguson moved for approval. Commissioner Ensler seconded the motion that
unanimously passed.
B. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3)
I Ensler Adv. Bd. On Children & Youth Reg 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/07
Mayor Taylor Cemetery Board Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 Tabled (3)
I Ensler Code Compliance Board Alt 1 yr term to 4/06
Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 Tabled (3)
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I Ensler Education Advisory Board Reg 2 yr term to 4/07
II McCray Education Advisory Board Reg 2 yr term to 4/06
III Ferg uson Library Board Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08
There were no appointments made and all appointments were tabled to the next meeting.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
Commissioner McCray requested to remove Items C-1 and C-2. Commissioner Ensler requested
Items D-1 and D-2 be removed. It as noted Item D-2 was already moved. Vice Mayor McKoy
requested Item C-7 be removed.
Commissioner McCray requested an update on the Public Address system. City Manager
Bressner explained he contacted Peter Wallace and will have an update by the end of the
month.
A. Minutes:
1. Agenda Preview Conference - February 3, 2006
2. Regular Commission Meeting - February 7, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve a piggyback of the NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT (NPBCID) PROJECT #1250 to Shenandoah
Construction of Pompano Beach, Florida for Wet Well Maintenance to
Master Lift Station #309 & 356 for an expenditure of $140,300.00.
2. Approve a piggyback of Palm Beach County Bid #05-074MP to Contract
Connection, Inc. of Jacksonville Beach, FL in the amount of $33,174.20
to purchase playground equipment for Forest Hill Park.
C. Resolutions:
1. Proposed Resolution No. R06-042 RE: Approving and
authorizing execution of an Amendment No. 1 to Task order No. 3 for
Brown and Caldwell, for the purposes of exploring water supply options
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and meeting with regulatory agencies regarding modification of the
Water Use Permit (Task Order No. U05-03-03) for a cost of $74,200.
Commissioner McCray pulled this item for discussion.
2. Proposed Resolution No. R06-047 RE: Approving
terms and conditions set forth in EMS Grant award (C-5050) as approved
by the Palm Beach County Division of Emergency Medical Services for an
All Terrain Ambulance vehicle with a full ambulance package for use by
Ocean Rescue personnel for $17,829.00. The grant award pays for
100% of the funding.
Commissioner McCray pulled this item for discussion.
3. Proposed Resolution No. R06-048 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Kenneth Begnoche & Laura Begnoche for the property at
1166 Alto Road, Lake Worth, FL. (Ridge Grove Add No 1 LTs 300 & 301)
4. Proposed Resolution No. R06-049 RE: Approving and
authorizing City administration to pursue all necessary steps in obtaining
approvals and authorizations necessary to implement the desire and
intent to memorialize that portion of I-95 within City Limits as "POW/MIA
Memorial Highway".
5. Proposed Resolution No. R06-050 RE: Approving and
authorizing the negotiated rates of compensation for services with each
of the nineteen (19) final, acceptable, qualified firms that responded to
the Request for Qualifications (RFQ) #065-2821-03/0D, "Two Year
Contract for General Consulting and Engineering Services for the City of
Boynton Beach".
6. Proposed Resolution No. R06-051 RE: Approving a
Special Warranty Deed conveying title to Thomas Pearson for Lot 167,
Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51,
according the Public Records of Palm Beach County, FL.
7. Proposed Resolution No. R06-052 RE: Approving and
authorizing execution of the agreement between Palm Beach County and
the City to provide funding to offset the cost of competition expenses for
participants in the Recreation and Parks All-Star Cheerleading Program.
The funding, in the amount of $2,500, is made available from the
County's Recreation Assistance Program (RAP) District 7.
Vice Mayor McKoy pulled this item for discussion.
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8. Proposed Resolution No. R06-053 RE: Approving and
authorizing execution of an agreement for technical support between the
City of Boynton Beach and the Community Redevelopment Agency
(CRA). The City shall be paid the sum of $18,000 for the first year,
$18,540 for the second year and $19,096.00 for the third year.
D. Ratification of Planning & Development Board Action:
1. Bellamy Heights (ZNCV 06-001) Request for relief fram the Land
Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a
minimum lot frantage of 60 feet to allow a minimum lot frontage of 57
feet (a variance of 3 feet), and requiring a minimum lot area of 7,500
square feet to allow a minimum lot area of approximately 6,850 square
feet (a variance pf 650 square feet) for a proposed single-family
residence within the R-1-A Single-Family zoning district.
Commissioner Ensler pulled this item for discussion.
2. St. Johns Armenian Church (SPTE 05-006) (fka st. Gregory
Armenian Church) Request for a second (1) one year time extension of
the site plan approval granted on September 2, 2003, from September 2,
2005 to September 2, 2006.
Commissioner Ensler pulled this item. This item was moved after Item XII Legal A.2.
E. Ratification of CRA Action:
None
F. Approve the purchase from sRT Supplies Inc. of two (2) rifles for the SWAT team
at a cost of $5,317.00. The purchase is from the Federal Forfeiture Fund.
G. Return cash bond of $3,335.00 to Chick-fiI-A for the project known as Chick-fil-A.
H. Approve a partial release of surety for the project known as the Watershed (Lots
48 A, B & C - Quantum Park) in the amount of $71,408.00 and refund this
amount to the project developer.
1. Accept the written report to Commission of purchases over $10,000 for the
month of January 2006.
J. RTrn cash bond of $29,700.00 to Hunters Run for the project known as Hunters
Run (Lodge/Card Room).
K. Approve the "SURPLUS COMPUTER UsT" as submitted by the Warehouse and
allow for the disposal of same.
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Motion
A motion was made by Commissioner Ferguson to approve the Consent Agenda as amended.
Commissioner McKoy seconded the motion which unanimously passed.
1. Proposed Resolution No. R06-042 RE: Approving and
authorizing execution of an Amendment NO.1 to Task order No.3 for
Brown and Caldwell, for the purposes of exploring water supply options
and meeting with regulatory agencies regarding modification of the
Water Use Permit (Task Order No. U05-03-03) for a cost of $74,200.
Commissioner McCray explained he requested this item be pulled because he had received a
memo from Kofi Boateng, Utilities Director. The MNO is for current I & I projects. A PowerPoint
presentation to assist with this agenda item was given. Mr. Boateng reviewed the need for this
item is typically caused by the accumulation of sand in the wells that cause pumps and motors
to fail prematurely. The current project originated as a result of these accumulations. They
will need to bypass the stations, remove all sand and debris from the wet wells and inspect the
wet wells for significant structural failures; then assess future renewal and replacement needs.
A wet well is a part of the pump station.
As a point of clarification, the Utilities Director proVided the information for Item B-1 which was
already approved. Mr. Bressner noted since there were questions on the item, the report was
given to answer them. Commissioner McCray asked at the pre-agenda meeting if a
maintenance schedule was set up, and if one was in place.
Mr. Boateng explained the future maintenance approach will be geared to developing a
comprehensive infiltration and inflow program that would allow them to avoid sand. As a first
step they would develop bid specifications to conduct extensive infiltration and inflow analysis
which will identify sources of leakage in the sewer system and identify sources of sand
infiltration via damaged piping or manholes. This step was in the task order development
stated, identified as project numbers WW150-WW215 on the first page of the CIP program in
the second column.
The next step after bid would be to televise and test the sewer system to locate leaks, breaks
and points of inflow, to develop specifications. After bidding, a contractor would be retained to
repair the damaged sewer linings, for which a whole range of repair alternatives could be used.
These will be identified in the initial specifications.
The cost will be approximately $5.2 million which they hope to encumber in the next fiscal year
plus encumber $1.2 million for the master lift station rehabilitation each year for fiscal years
2007-2008, 2010-2011 and 2013-2014. On the long term plan, as part of the recent consent
order that had been imposed upon the City by the Environmental Protection Agency, they will
develop an initial operation and maintenance manual which includes maintenance and
operations features for the lift stations. It will also include specific details on the maintenance
activities they plan to embark upon during the outer years.
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Motion
Commissioner McCray moved to approve Item IV c.1. Vice Mayor McKoy seconded the motion
which passed 4-1 with Commissioner Ferguson dissenting.
2. Proposed Resolution No. R06-047 RE: Approving
terms and conditions set forth in EMS Grant award (C-5050) as appraved
by the Palm Beach County Division of Emergency Medical Services for an
All Terrain Ambulance vehicle with a full ambulance package for use by
Ocean Rescue personnel for $17,829.00. The grant award pays for
100% of the funding.
Commissioner McCray announced the All Terrain Ambulance was purchased entirely out of
grant funds and complimented staff.
Motion
Commissioner McCray moved for appraval of Item V1.C.2. Commissioner Ferguson seconded
the motion which unanimously passed.
7. Proposed Resolution No. R06-052 RE: Appraving and
authorizing execution of the agreement between Palm Beach County and
the City to provide funding to offset the cost of competition expenses for
participants in the Recreation and Parks All-Star Cheerleading Pragram.
The funding, in the amount of $2,500, is made available from the
County's Recreation Assistance Program (RAP) District 7.
Vice Mayor McKoy requested this be pulled to discuss the need for the City to take more of a
front role for organizations to help mentor the youth in the City. He expressed concern that he
has not seen any City funds going to assist this organization and asked what the City is doing
for this particular project.
Wally Majors, Recreation and Parks Director, responded there were funds allocated from their
revenue funds, plus staff donated several hours. The resources that are available for the
program were primarily City resources.
Mr. Bressner agreed with Vice Mayor McKoy. He indicated there are a number of kids at risk in
the community and these types of programs pravide opportunities for these children in the
community. He requested staff develop ideas for these types of programs and if the City will
not be funding them, he suggested they act as convener for these programs.
Vice Mayor McKoy asked how much money was donated to the team that went to the World
Series.
Mr. Bressner responded the City did not have any out of pocket costs other than sending a City
Representative up in a van, and providing the van.
There was discussion regarding the City Commission increasing the City's Discretionary Funds in
the future and this could be placed as a future agenda item.
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Motjm\
Vice l'layor McKoy moved to approve Item V1.c. 7. Commissioner Ferguson seconded the
motion which unanimously passed.
D. Ratification of Planning & Development Board Action:
1. Bellamy Heights (ZNCV 06-001) Request for relief from the Land
Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a
minimum lot frontage of 60 feet to allow a minimum lot frontage of 57
feet (a variance of 3 feet), and requiring a minimum lot area of 7,500
square feet to allow a minimum lot area of approximately 6,850 square
feet (a variance pf 650 square feet) for a proposed single-family
residence within the R-1-A Single-Family zoning district.
This item was pulled as a quasi judicial item.
Mayor Taylor opened the floor to public comments. Attorney Cherof administered the Oath to
all persons who would be testifying.
Lester Antonia, 434 SW 9th Avenue was present representing the Corporation that owned the
lot. He had no comments. Attorney Cherof advised the item was back on for approval under
Consent Agenda.
Motion
Commissioner Ferguson moved to approve Item V1.D.1. Commissioner McCray seconded the
motion which was unanimously approved.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
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 Ave; approx. 275 feet north of SW 30th Ave.
Request for Conditional Use and Site Plan approval for a 4.595
square foot automated carwash facility and related site
impravements on a 0.88 acre site zoned M-l, Industrial. (Tabled
to 2/21/06)
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Motion
A motion was made by Commissioner McCray to remove this item from the Table, seconded by
Commissioner Ferguson which unanimously carried.
Mayor Taylor explained at the time this was tabled, there was a motion on the floor to approve
subject to all conditions except condition #34. He asked for a motion to open up the floor for
anyone wishing to provide further evidence.
Motion
A motion was made by Commissioner Ensler to open up the floor for audience participation.
Vice Mayor McKoy seconded the motion which unanimously carried.
Attorney Cherof administered the oath to all persons that would be testifying. Attorney Cherof
explained this item was a continuation of a public hearing that began and was closed and is
now reopened for additional evidence to be presented to the Commission. He emphasized
there was a limited scope of information to be discussed and asked that individuals desiring to
speak limit their comments to the issues that staff will address, since they were directed to
bring further information to the Commission. .
Ed Breese, Principal Planner, explained the City Commission was forwarded additional
information received from the applicant regarding the sound analysis. The information provided
shows through mitigation that they are meeting the requirements of the City's Noise Ordinance
and the sound would be no more than 65 decibels at the property line which abuts the property
line to the north, and no more than six feet to the property line to the south. Mitigation would
be through sound absorbing panels around the blower, dryer and tunnel itself. The equipment
is being moved back eight feet and the size of the tunnel opening is being reduced. Based on
those changes, the applicant's sound expert indicates they meet the requirements and estimate
the sound to the north would be 61 decibels and 51 decibels at the south property line.
Staff indicated they are not experts, but reviewed and recommended approval with the
recommendation that Condition #33 first sentence be removed. Staff also recommended
omitting Condition #34 which was the condition of a new buffer wall along the north property
boundary. Based on the research, the typical type wall needed for buffering would not be
practical on a small site. Staff recommended a new condition which was if the sound levels of
the property are measured to exceed the sound limitations of the Code, the owner/operator
would either remove the number of blowers necessary to comply with the City's sound limits or
apply additional mitigation measures within the tunnel to accomplish the same. Sound levels
would be taken by City personnel using sound level meters. Mr. Breese noted a letter from an
attorney representing the industrial property to the north had been received, who indicated
their objection with the proposal. Subsequently a letter was received from the same attorney
indicating they would remove their objection if issuing a certificate of occupancy would be
contingent upon a sound level reading being taken and found to be in compliance with the City
Code. It was noted if the applicant exceeded the sound level, the matter would be treated like
any other Code Compliance matter.
Mr. Breese also indicated staff is amenable to including the condition of a Certificate of
Occupancy being contingent upon meeting the Code levels as opposed to staffs
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m:/ 'li' 'ticm. Commissioner Ensler announced the Commission had received a list of
cornpld,nts fOI the Sunshine Carwash for the last three years, with a significant number of the
complaints concerning loud radios. He inquired what the responsibility of the owners were
regarding the use of the radios.
Mr. Breese responded staff's recommendation was to limit the hours of operation with the
equipment being turned off at closing so vehicles would not be able to use any of the
equipment. He expressed any kind of radio noise would be drowned out by the equipment or
the traffic on Congress Avenue. It was noted additional conditions such as posting a sign
regarding radio usage could be added.
Attorney Cherof noted this request was for a conditional use. Attorney Cherof explained the
terms for denial of the request for a conditional use must have a basis, and the Commission
would need to make a finding that the item could not comply with one of the conditions. The
request could not be denied without cause.
Mike Weiner, Esq., representing the applicant was present and indicated if any new evidence
was presented by the Commissioners, they reserved the right to return to the podium. He
indicated the second condition from the abutting property owner to the north was a condition
designed by him and Mr. Weiner had no objection to any of the conditions. He emphasized,
with respect to noise, the carwash would not open until it complied. Mr. Weiner informed the
Commission they have gone through the level of detailing the particulars of their equipment
that has been unprecedented and reminded the Commission staff recommended approval.
Mr. Weiner informed the Commission they would be happy to provide or explain any of the
additional information about the interior or answer any other technical questions they may have
Mr. Weiner stressed they would not open until the Noise Ordinance is complied with. Mr.
Weiner indicated the 12 conditions for approval have been met. The neighbor's objections have
been withdrawn pertaining to the sound levels being met. Mr. Weiner gave a PowerPoint
presentation. The main issue was there would be no Certificate of Occupancy issued until the
City of Boynton Beach had tested the operations of the carwash and had found it to be in the
limits of the sound ordinance of the City. It was further indicated the City would test the
operations for noise. He informed the Commission that rustling leaves is 20 decibels, a
refrigerator is 45, and normal conversation is 60. The City's decibel ordinance is at 65. Busy
traffic is about 75 decibel and the average factory is 85 decibel. He noted factories are a
permitted use in this area and would not be controlled in the same manner as a conditional use.
Mr. Weiner showed a picture of a carwash in Delray Beach with a home approximately 75 feet
behind it, which is three times closer than this proposal. He noted there have not been any
code enforcement matters or complaints with respect to noise since they operated. He showed
another carwash in Boca Raton having the nearest dwelling 150 feet and having an open area.
There were no code complaints from the people behind it.
Mr. Weiner explained the carwash the Commission referred to is on Federal Highway. That
operation is a self-serve carwash, it is unattended and the kids have boom boxes. The subject
facility has hours of operation and patrons would not be able to just stand there and listen to
anything because they have to either be in the tunnel or vacuum. Mr. Weiner referred to the
Church of the Living God which had 180 police calls, some having to do with sound. The
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Boynton Beach Mall had 1,858 complaints, many having to do with sound. Mr. Weiner advised
they would accept any additional condition crafted, including additional signage or whatever
else was deemed appropriate, but announced noise would be an issue anywhere or anyplace
and the project should not be turned down for that reason. He reiterated the project is not
unattended and agreed to all the conditions of approval. He requested the Commission not
compare one business with the other. He explained if the request is turned down, there are
other permitted uses allowed but expressed this would be better than other conditional uses
such as a heliport or an arena. Mr. Weiner declared at the former hearing, they proved all 11
points, and with this hearing, they offered the lockbox for the sound issue which was no
opening until the noise ordinance is met. He stressed they would take any kind of conditions
the Commission might feel appropriate and requested the Commission vote in favor of the
request.
Mark Polino, residing in Boynton Beach, and the owner and operator of the project was
present. He explained there would be three people on the premises, i.e. one person at the
door, another cleaning up and in charge of equipment and a third person if needed. The
carwash was designed for individuals to stay inside the vehicle and go through the tunnel.
Payment is by automatic teller. The hours of operation would be 7 a.m. to 7 p.m. The
vacuums are free, and at closing, the power would be shut down and the property locked and
gated.
It was noted the carwash in Delray Beach which was referred to earlier was the Rub-a-Dub
carwash.
Mike Morrell, Esq., POB 18649 West Palm Beach, representing the Chiodos and the Maloney's
whose properties are located approximately 200 feet from the north boundary line was present.
He raised the following issues which he indicated have surfaced since December 6 as follows:
1. Their letter of December 15, 2005 was not included in the file;
2. Mike Rumpfs letter of January 31, 2006 was not included in the record;
3. The letters from adjacent property owners, dated 2/17 and 2/21 are in the record.
4. He had brought 516 signatures, in addition to the 2,400 already submitted that Mrs.
Chiodos obtained and verified the signatures were not duplicated.
Mr. Morrell had two things to add to their January 6 presentation. He stood by their Power
Point presentation of January 6 which contained their contention that the applicant failed to
meet competent substantial evidence and that there were due process issues because of the
Planning and Development Board failing to follow procedure. He also reviewed they did not feel
the essential requirements of law had not been complied with. Those were his objections. He
indicated he would add, they did not believe the applicant had met its burden of competent
substantial evidence. Normally a staff report and recommendation to approve has been
determined by the courts to be competent and substantial evidence to support a Commission's
decision. He indicated with this issue, staffs understanding was based on the assumption of
credibility and accuracy of the sound consultant for this project. He indicated staff indicated
there is still some level of uncertainty and that the tunnel design will not be reoriented. Staff
then concluded if a more detailed review is needed, such review should be obtained from an
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expe!t. He expressed he did not feel a professional staff evaluated this and normal competent
substantial evidence is normally attributable to a staff review.
Mr. Morrell indicated he has reviewed the standard development order and felt Findings of Fact
and Conclusions of Law should be prepared. He believed the Commission has made it
burdensome for individuals to determine what the basis of their decision was. He expressed it
would be a denial of their due process right to know what the basis of the conflicting testimony
was and the basis of the Commission's decision.
Commissioner McCray requested a point of order on the number of signatures obtained which
was 516.
Linda Chiodo residing at 2515 SW 3rd Court responded there have been about 2500
signatures. She indicated they gathered a petition against the carwash to equal 62% of the
individuals voting for the Mayor in the 2003 election. She indicated one hundred thirty six of
the people voted for Commissioner Ensler out of 1,823 in 2003, and they have more than 362
individuals who voted for Commissioner Ferguson who had 687 votes. They have
approximately 2,500 signatures of individuals indicating they do not want the carwash. The
750 complaints against the Sunshine Carwash were for loud music, suspicious vehicle and
suspicious persons. She asked if the City needs their police to go to a carwash almost daily.
She expressed she was glad everyone was present and was ready for the vote.
Christopher Chiodo, at 2515 SW 13th Court commented alliances are made for the
betterment and for the quality of life. He read a passage indicating discourse usually avoids
discussion or denies the long term consequences of the decisions being advocated. He
expressed there is no apparently reasonable argument for the proposal to go forward. He
cautioned the public must acquire a longer memory of responsibility and about what would be
done against the will of the people. He relayed a story about a scorpion and a frog and
indicated he believed there was an analogy in the story.
Sherri Predmore residing at 622 S. Road was present and indicated she lives behind the
Sunshine Carwash. She was not taking sides and explained the questions raised were on
point. She indicated the noise was an issue, and Sunshine Carwash does not have a set time to
open and she hears loud music in the morning. Sunshine Carwash, she noted does not turn off
the vacuums. She indicated the premises must be manned and the hours enforced. There is
prostitution and drugs there. The decibel readings of the equipment are not the problem. It
was the radios.
Commissioner Ferguson left the dias at 7:50 p.m..
Natalie Maloney, residing at 1460 SW 28th Avenue was present. She explained she
purchased the home three years ago for a reasonable price, but if the carwash is approved
there would be no way her family could move. She invited all to her living room so they can
see what she will see and listed her cell phone number. She requested the Commissioners
make their vote a reasonable one, and was in favor of Boynton growing appropriately. She felt
strangly that 2500 votes indicating they do not want the carwash should be considered.
13
Minutes
Regular Commission Meeting
Boynton Beach, Florida February 21, 20056
Herb Suss, residing at 1011 Wood Fern addressed the Commission. He indicated over a year
ago, the applicant's attorney tried to use scare tactics. All the information furnished over the
last year has not been on the up and up. He suggested going back to an at-large election. He
said with all the misinformation pravided by this applicant and the Planning and Development
Department previously indicating they were not happy with the submission.
Commissioner Ferguson returned to the dias at 7:52 p.m..
Mr. Suss continued there is a school nearby and this use does not belong there. There are
homes in the area. He asked the Commission to place themselves in these individuals'
positions. Homeowners are asking for a break. One of the Commissioners had a Texaco
station in his district and the Commission voted against it. He implored the Commission to
listen to the people. There are 2,500 signatures with another 500. He requested the
Commission vote the use down.
Joseph Baldwin, 1746 Palmland Drive, representing Chanteclair Villas, asserted Commissioner
McCray did not want a carwash in his district and the Commission gave him support. He asked
Commissioner McCray give support to this request. He indicated they have 24 hour noise from
the school due to the water chillers which is surrounded by three walls and is amplified,
emitting a high pitch sound. He did not want the noise and asked the Commission to say no to
the carwash.
Attorney Weiner rebutted the testimony given. He placed on the record, if there should be a
negative vote, these kinds of threats reach a level where the Commission may not be able to
vote dispassionately or sit as quasi judges, then due process will not be met. He indicated
there are rules and regulations that need to be dealt with and there are 12 conditions that need
to be met. He announced the applicant has met all 12 conditions. If there should be any
consideration that the data is not sufficient, then as he previously indicated on the record, they
would not open until the noise had been measured to be less than the decibels. He suggested
if the Ordinance was in place prior to the school being built, perhaps the school would not have
been built. He further indicated there are a total of 36 conditions that have been met. He
discussed the comparisons with the other carwashes and complaints received on them.
Mr. Weiner showed a picture of the carwash and gave logistics. He indicated the project is a
substantial improvement and the City insisted on shrubbery and plantings in excess of the
Code.
He discussed an agreement with the neighbor which means that all left hand turns have to
come to a traffic light, turn left and then come back around. Any other uses would require two
curb cuts on Congress and they have eliminated the need to make U-turns. Mr. Weiner
indicated the Commission would not be letting the people of Boynton Beach down by approving
the project. In effect they would be decreasing traffic mayhem. The conditional use far
exceeds anything they have seen in this industrial zone. They will abide by and accept all the
conditions. There is a staff report in support of the project and they have met all the
requirements. He expressed his hope the Commission will allow the applicant to move into the
community and operate.
14
Minutes
Regular Commission Meeting
Boynton Beach, Florida
Mayor Taylor closed the public hearing.
February 21, 20056
Commissioner Ensler indicated he plans to vote against the carwash and clarified the
Commission does govern by the rule of law. He explained there was a prior Commission that
thought there was not a need to follow the prior ordinance. In the Tradewinds lawsuit they felt
they could do what they wanted and not govern by the rule of law. In his study of the issues,
he felt the consultant misled staff, Mr. Weiner and all of the people. He explained the first
analysis came to the Commission through the Planning and Development Board and at that
point, the applicant pravided a document that indicated the decibel level at the property line
would be 70 decibels. At a subsequent meeting, Mr. Cuschieri agreed they did not meet the
City's need, which was based on three blowers. He believes the Planning and Development
Board was misled. He indicated he believed the issue revolved around Mr. Cuschieri's
information.
He explained most individuals do not know that 60 decibels is normal speech. Mr. Cuschieri
came up with another analysis and indicated he would do more work from the building and he
said "there is no direct way to calculate the reduction for building shielding but if you assume
some wall shielding, the noise reduction is about 11 decibels." There were no reports given to
substantiate that. There was a Fresno Analysis from the Federal Department of Transportation
and they used that to determine wall sizes and heights so that people along major roads would
not hear the sound of the cars. By that definition, he continued, you need to have a wall 10
feet above the blowers, and in this case, would need to be 18 feet high. Staff indicated the
wall would need to be four times the height and would need to be out about 60 feet or more.
Commissioner Ensler indicated he believes Mr. Cuschieri misled the Commission in terms of
noise and if the Commission does approve it, they will, in time understand the real situation.
Mr. Cuschieri indicated they would put acoustic panels around the blowers reducing another 10
decibels. In the literature, it said there would be little noise reduction around the acoustic
material. Commissioner Ensler indicated the noise reduction would need to be at the other end
of the building and would be significantly the same as it was before. He expressed it will be a
problem for the City and the applicant and expressed his belief the owner will not be able to
meet the sound level. The consultant guaranteed the project would meet the noise level, but
elaborated the consultant would not be funding the changes necessary to meet the 60 decibels
at the property line. He read a statement from organizations dealing with noise and pollution
which indicated businesses do not have unlimited right to broadcast noise as they please, rather
they have an obligation to consider the ways that are compatible with and do not detract from
others. He believed the Commission and the applicant have been misled by Mr. Cuschieri.
Commissioner McCray responded to the public's comments in reference to the Texaco station
previously alluded to. He clarified the project failed not because of these issues being
considered here. He indicated the Sunshine Carwash description could be used to describe all
carwashes. He indicated he did not like comparing an unattended carwash to one that would
be attended and announced that would not be fair. He did not understand why the Main Street
Carwash was not investigated to find out what calls were made and noted that facility has
hours and attendants.
Mayor Taylor announced he is not against carwashes. He expressed the employees on site do
not take care of the policing for the site. This is a conditional use and his objection is not based
15
Minutes
Regular Commission Meeting
Boynton Beach, Florida February 21, 20056
on emotion but on a sense of responsibility to pratect the people. Not one surrounding
community wants this use there. He indicated they should stick up for the people and should
be responsible in their positions on what is allowed to function in the City and have a right to
decide what types of uses are in the conditional use areas. He hoped the Commission would
show the people that their voices are heard regardless where they live in Boynton Beach.
Attorney Cheraf explained there is a motion to approve this request with all the conditions
except condition 34. He suggested if there are any other conditions to be added, this would be
the time to add them.
Commissioner Ensler requested the motion include Mr. Weiner's testimony that he would
include additional conditions.
Mr. Cherof indicated the motion could be amended.
Mr. Weiner read on the record the terms they are agreeing to as follows:
They are agreeing to staffs conditions, the additional condition of approval from staff, all 36
conditions and agreed there would be no certificate of occupancy granted until the City of
Boynton Beach has tested the operations of the carwash and found it to be within the limits
described by the by the sound ordinance of the condition.
Mr. Weiner also agreed as a separate condition, or all together, their willingness to fence the
area with a locked gate, have a master switch to ensure all equipment is turned off after hours
of operation and during hours of operation there would always be two people on site.
Commissioner Ensler asked about the radio noise.
Mr. Weiner indicated they would craft a sign indicating no radios would be played in the parking
lot with doors open.
Vote
Chairman Taylor called the question. The Deputy Clerk called the roll. The motion passed 3-2
with Mayor Taylor and Commissioner Ensler dissenting.
Description:
Southern Dance Studio (ANEX 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, Approximately 495 feet south of Old
Boynton Road (1203 Knuth Road)
Request to annex subject property. (1st reading of Proposed
Ordinance No. 06-016)
B.
Project:
Agent:
Owner:
Location:
Attorney Cherof presented the item and gave the first reading of Proposed Ordinance 06-016 by
title only.
Hanna Matras, Planner, reviewed the application and indicated all three requests were reviewed
16
Minut0~:
Regular Commission Meeting
Br.,'1"'.- :-\, :".~1, Florida February 21, 20056
--
ir f' '()Qrt. She explained the request is to annex the property and amend the Future
LC:Jf'.'''ndment. Staff was recommending approval of the requests. It was noted the
report aadressed both the annexation for the comprehensive plan, and rezoning. She
requested the projects be voted on separately.
Bradley Miller Land Planning Consultant was present representing the applicants,
Southern Dance Studio and indicated they are in agreement with staff's recommendations.
There were no questions from the Commission.
Attorney Cherof read proposed Ordinances 06-017 and 06-018 by title only.
Mayor Taylor asked for a motion on proposed Ordinance 06-016.
Motion
Commissioner Ferguson moved to approve proposed Ordinance 06-016. Commissioner McCray
seconded the motion. The Deputy Clerk called the roll. The motion passed 5-0.
c.
Project:
Agent:
Owner:
Location:
Description:
Southern Dance Studio (LUAR 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old
Boynton road (1203 Knuth Road)
Request to amend the Comprehensive Plan Future Land Use Map
from Commercial High Intensity (CH/8) (Palm Beach County) to
Local Retail Commercial (LRC) (1st reading of Proposed
Ordinance No. 06-017)
Mayor Taylor called for a motion on proposed Ordinance 06-017.
Motion
Commission McCray moved to approve. Commissioner Ferguson seconded the motion. The
Deputy Clerk called the roll and the motion passed 5-0.
Request to rezone from Agricultural Residential (AR, Palm Beach
County) to Community Commercial (C-3) (1st reading of
Proposed Ordinance No. 06-018)
Proposed Use: Recreational instruction and commercial/retail, totaling 10,000
square feet.
Attorney Cherof recommended tabling the Site Plan approval for Southern Dance Studio until
second reading of the proposed Ordinance.
Mayor Taylor asked for a motion on proposed Ordinance 06-018.
17
Minutes
Regular Commission Meeting
Boynton Beach, Florida February 21, 20056
Motion
Commissioner Ferguson moved to apprave. Vice Mayor McKoy seconded the motion. The
Deputy Clerk called the roll and the motion passed 5-0.
a. Southern Dance Studio (NWSP 06-001) Request Site plan approval
to construct a one story building totaling 10,000 square feet for a dance
studio and retail use, and related site improvements on 0.92 acres zoned
C-3.
Motion
Commissioner Ferguson moved to table Item VIII C.A. The motion was seconded by Vice
Mayor McKoy and unanimously passed.
D.
Project:
Agent:
Owner:
Location:
Descri ption:
Renaissance Commons Phase VI (CO US 06-001)
Carl Klepper, Compson Associates, Inc.
Compson Associates of Boynton II, LLC
Southeast corner of Congress Avenue and Gateway Boulevard
Request conditional use/major site plan modification approval to
change 104,412 square feet to self storage use, converting in
part, a portion of the previously approved office space within the
Renaissance Commons project, which is zoned Suburban Mixed
use (sMU).
Ed Breese, Principal Planner presented the item and indicated staff was recommending approval
subject to the 17 conditions for approval.
Carl Klepper, Renaissance Commons, 980 North Federal Highway, Boca Raton Florida was
present and complimented staff. He indicated he was in agreement with all the conditions. It
was noted he would move the corporate offices to the location when the building was
constructed.
Motion
Commissioner McCray moved to approve Item VIILD.. Commissioner Ferguson seconded the
motion which unanimously passed.
IX. CITY MANAGER'S REPORT:
A. Review and select evaluation instrument for City Manager's Evaluation
The Commission discussed which forms to use for the Evaluation. There was consensus to use
the City of Parkland form with page 6 of the City of Titusville forms.
X. FUTURE AGENDA ITEMS:
A. Report on City's potential help and other governmental entities for "at-risk"
citizens during declared emergencies -2/28/06
18
Minutes
Regular Commission Meeting
Boynton Beach, Florida February 21, 20056
A. 2005 Hurricane After-action Report and Recommendations - 2/28/06
B. Capital Improvement Budget Review - 2/28/06
C. Report from the Pension Consultant - 2/28/2006
D. Amend the Parks Dedication Code ordinance to modify the review time line -
March 2006
E. Regulations on Improper Weapons Use - March 2006
F. Update on City's position on minority contracts - 3/21/06
1. Ordinance on Adult Entertainment -3/21/06
J. Requirement for underground utility lines for all new development - April 2006
K. Future location options for City Hall - April 2006
L. Cellular 911 Dispatch - May 2006
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 06-014 RE: Amending the
Land Development Regulations of the City of Boynton Beach, revising
Chapter 4, "Site Plans" Section 5 to provide for right of the City
Commission to require modifications to an approved site plan when a
request for extension has been requested.
Attorney Cherof read proposed Ordinance 06-14 by title only.
Mayor Taylor asked for comments from the public. There were no comments received.
Commissioner Ferguson had a problem with the last part of the explanation where it read " . .
and or to address issues originally unidentified." He explained it is a laborious process now and
did not feel it would warrant going to a new site plan.
The Commission discussed the changes. Commissioner Ensler explained his understanding was
this would apply to modifications that were not significant. Mayor Taylor noted the applicant
can get a one year's extension, but coming in for a second extension might result in having
conditions modified. The applicant could either accept or reject the conditions.
19
Minutes
Regular Commission Meeting
Boynton Beach, Florida
Mayor Taylor asked for a motion.
February 21, 20056
Motion
Commissioner Ensler moved to approve Item XI1.A.1. Commissioner McCray seconded the
motion. The Deputy Clerk called the roll. The motion passed 4-1 with Commissioner Ferguson
dissenting.
2. Proposed Ordinance No. 06-015 RE: Amending
Section 9-24(a) of the Code of Ordinances concerning fire fighter air
systems in high rise buildings; limiting application of regulations to
buildings higher than seventy-five (75) feet.
Attorney Cherof read proposed Ordinance 06-015 by title only.
Motion
Commissioner Ferguson moved to approve. Commissioner Ensler seconded the motion.
There were no comments received from the public. The Deputy Clerk called the roll. The
motion passed 5-0.
Commissioner Ensler requested this Ordinance be placed as a Future Agenda Item for further
definition.
VI D.2.
St. Johns Armenian Church (SPTE 05-006) (fka st. Gregory
Armenian Church) Request for a second (1) one year time extension of
the site plan approval granted on September 2, 2003, from September 2,
2005 to September 2, 2006.
Ed Breese, Principal Planner reviewed there previously was a meeting between the applicant
and the neighbors, and differences ironed out. The applicant requested a second time
extension and staff recommended approval. It was noted there was discussion about the
possibility of relocating a dumpster which would have to be worked out, which involved using
trash cans as opposed to a dumpster. It was thought Public Works would be able to
accommodate the request. Mayor Taylor requested those conditions be put on the record.
Jasmine Moore with the API group, 111 E. Palmetto Park Road, Boca Raton was present.
Mayor Taylor asked if they were in agreement with the conditions of approval, and Ms. Moore
responded she was.
Shirley Jaskiewicz, 1917 SW 13th Avenue was present and indicated she was present when
the first time extension was approved. She indicated it was not only the Leisureville community
that was impacted but also the Lake Boynton Estates and she had concerns for both
communities. At that time, she indicated there was a conceptual plan. She expressed her hope
that whatever is built in the future they would have input with. She thanked the parties and
indicated she was in favor of the project.
20
Minutes
Regular Commission Meeting
Boynto0 Beach, Florida February 21, 20~6
Motion
A rnotion was made by Commissioner Ferguson to approve the site plan with the modifications.
Commissioner Ensler seconded the motion that passed unanimously.
B. Ordinance - 1st Reading
None
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
Commissioner McCray had requested a continuation of the discussion on the CRA Board of
Directors and the Director.
Mr. Robert Reardon, Director of Finance and Operations was present. Commissioner McCray
requested the budget amount the Commission voted on for the Community Relations Agency
(CRA).
Mr. Reardon responded he has only been with the CRA since July and assumed it was the $3
million taxable loan, which was the coverage for the bond issue. The second bond issue bill
was for $18 million and the third was $11.2 million totaling about $30 million. Commissioner
McCray asked Attorney Cherof for the procedure to replace the current independent CRA Board
if the Commission desired. Attorney Cherof explained the process. If the Commssion were
abolished, the CRA would report to the Commission. Attorney Cherof explained the Commission
would have the choice of control returning to the Commission or the Commission plus two
additional members.
Commissioner McCray recognized the CRA operates as an independent board within the CRA.
He explained the Commission directed Mayor Taylor to send a letter to the Chair of the CRA
board, Ms. Heavilin, since the CRA does not report to the Commission. The Commission
appoints the Chair and the Vice Chair of the Board. The prior discussion involved the Executive
Director reported to her seven member board and could not answer to another five member
board. The Commission could not direct the CRA Director to report to the Commission. The
Mayor was to write a letter to the Chair indicating the Commission would like to see a
representative of the CRA present at the pre-agenda meetings to answer questions that may
arise. It would be up to the CRA board to determine who that representative would be. The
letter has not been written yet.
21
Minutes
Regular Commission Meeting
Boynton Beach, Florida
February 21, 20056
Commissioner McCray indicated he would like to keep their monthly meetings with Ms. Bright to
stay abreast of matters. He inquired if that was to be included in the letter.
Mr. Bressner indicated the monthly meetings would be beneficial and they could be scheduled
in conjunction with his weekly meetings. Commissioner McCray confirmed he voted for the $30
million budget and obligated the City of Boynton Beach. He expressed he did not want to wait
until they go broke before they are notified. He emphasized they need to know what is going
on in their districts and through out the City. He stressed he needs to keep the monthly
meetings with Ms. Bright or someone who could tell him about finances and what is occurring
within the City of Boynton Beach as Commissioner of District II.
Mayor Taylor will make Commissioner McCray's wishes known.
Mr. Reardon requested clarification that in the absence of Ms. Bright another individual would
be able to fill in.
Ms. Heavilin elaborated with the time constraints on the Commissioners and the CRA staff, they
thought a protocol should be developed and communication be streamlined, thereby eliminating
some meeting time. She recognized the need to work with the Commission and would continue
to do that.
XIV. ADJOURNMENT:
There being no further business, the meeting properly adjourned at 8:48pm.
Mr. Bressner reminded the Commission of the Affordable Housing Workshop being held
February 22, 2006.
ATTEST:
~ In. Pi, /1,." ~fQ
- __ - City Clerk I
~ JIl1J~ J c; ~ 4 JL1 r r91tJil.Q/l/yyQA(
Recording Secretary 1
(22806)
22
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. Llcenu
Deputy City Clerk
PROJECT NAME: Renaissance Commons Phase VI (self-storage)
APPLICANT:
Mr. Carl E. Klepper with Compson Associates of Boynton II, LLC
APPLICANT'S ADDRESS:
980 North Federal Highway, Suite 200 Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 21, 2006
TYPE OF RELIEF SOUGHT: Conditional Use / major site plan modification approval to change 104,412
square feet to self-storage use, converting in part, a portion of the previously
approved office / storage space within the Renaissance Commons project,
which is zoned Suburban Mixed-Use (SMU).
LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and
recommendation of the Planning & Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
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
~)~Jb:,
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C - City Clerk
S,IPlanningISHAREDlWPIPROJECTSlRenaissanec Common.slSitc PlanslPhasc VI COUS O4..Q08ICOUS 06-001 StongelDO.doc
DATED:
0c1-<1,", - 0 f,
EXHIBIT "A"
RENAISSANCE COMMONS LOCATION MAP
LEGEND
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~. : .::: .~...~ .: ....._...:teIl~..~ ft'.IA~....... _ _'-.. ~ ~.,. _." ,. . . ..~" ................__.... ~.____
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EXHIBIT "C"
Conditions of Approval
Project name: Renaissance Commons Phase VI
File number: COUS 06-00 I
Reference: 2nd review plans identified as a Conditional Use with a December 20. 2005 Planning & Zoning
date stamp marking.
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. The Engineering Division of Public Works reviewed the previously approved X
drainage plans to ensure compliance with all applicable codes and regulations
regarding legal positive outfall. The conceptual plans submitted with the
October 2005 approval, are acceptable to the Engineering Division but as per
staff policy, a more detailed version would be required at the time of
permitting
UTILITIES
Comments:
2. At the time of permitting, the applicant would be required to submit a X
time line that clearly illustrates when water and sewer services would be
needed. The commencement date should start at the date of City Commission
approval. Also, the applicant would be required to provide milestone dates
regarding permit application, the start of construction, and the setting of the
first water meter. Utilities staff would use this timeline in order to determine
the adequacy of water and wastewater treatment capacity upon the project's
completion.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
COA
01/20/06
2
DEPARTMENTS INCLUDE REJECT
Comments:
3. Indicate within the site data the type of construction of each building as X
defined in 2004 FBC, Chapter 6.
4. Indicate within the site data the occupancy type of each building as defined in X
2004 FBC, Chapter 3.
5. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBe.
6. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
7. 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.
8. This structure meets the definition of a threshold building per F.S. 553.71 (7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2004 FBC, Sections 109.3.6.1 through 109.3.6.6.
The following information must be submitted at the time of permit
application:
A The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
B All shoring and re-shoring procedures, plans and details shall be
submitted.
C All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
9. Indicate the type of materials that will be stored in these areas. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
COA
01/20106
3
DEPARTMENTS
INCLUDE REJECT
Comments: None
x
PLANNING AND ZONING
Comments:
10. As proposed, the interior parking garage of Building "I" would now have five X
(5) floors instead of four (4) floors but all parking levels would still be
contained and hidden from within the structure. Building "I" was legally
advertised and approved at 70 feet in height (in December of 2004). This
means that any portion of the proposed building that exceeds this height
dimension would require conditional use approval. The elevations show that
Building "I" would be 71 feet in height. Therefore, this one (1 )-foot increase
in height would require conditional use approval. The applicant will be
required to either reduce the height of the parapet wall by one (1 )-foot or
request conditional use approval for the increase in height.
11. At the time of permitting, the developer shall be required to secure an updated X
Traffic Performance Standards letter from the County that directly
corresponds with the uses (including self-storage) and their respective
buildings areas within all six phases.
12. The project has school concurrency approval for 1,700 units but there is an X
inconsistency between the type and number of units between the School
District's approval letter and the proposed master plan's tabular data
(townhouses versus condominium). This is a minor inconsistency, so
therefore, at the time of permit review, the applicant will be required to
submit an updated School Concurrency approval letter that is consistent with
the number and types of dwelling units, approved through Phases One
through Six.
13. As proposed on the elevations, the self-storage use would be successfully X
integrated and concealed within Building "I", a structure that resembles that
of a multi-story office building. As such, staff is concerned about the
building's interior lighting, in particular, how the building would look after
sundown. Lighting may be used to illuminate a building and its grounds for
safety purposes and to enhance its beauty. However, the visual effect shall be
subtle. Also, lighting shall not be used as a form of advertising in a manner
that draws more attention to the building or grounds at night than in the day
(Chapter 9, Section 10.F.). Therefore, any interior lighting (including
lighting with varying colors) that shines onto the overhead bay doors (from
within the building that can be seen outside the building) would be in direct
conflict to the above referenced code.
14.
15. The storage bays shall not be used to manufacture, fabricate or process X
service or repair vehicles, boats, small engines or electrical equipment, or to
COA
01/20/06
4
DEPARTMENTS INCLUDE REJECT
conduct similar repair activities; conduct garage sales or retail sales of any
kind; or conduct any other commercial or industrial activity on the site
(Chapter 2, Section O.1.c.).
16. At the time of permitting, indicate that the project storage area equals 104,412 X
square feet on the site plan tabular data (sheet SP-l).
17. At the time of permitting, indicate the number of self-storage bays that are X
proposed within the subject building on the site plan tabular data (sheet SP-
1).
18. No signs are proposed on the elevations or the monuments signs for the self- X
storage use. However, if proposed in the future, then any sign, including its
material and color(s) would have to be in keeping with the approved master
sign program for Renaissance Commons.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
19. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
20. To be determined. ~"
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase VI COUS 04-008\COUS 06-001 Storage\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
St. John's Armenian Church
1 Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT:
Mr. Dale Meaux with API Graup, Incorporated
APPLICANT'S ADDRESS: 111 East Palmetto Park Road Boca Raton, FL 33432
--
-
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 21, 2006
TYPE OF RELIEF SOUGHT: Request an additional one (1) year site plan time extension for a 162-
seat church originally appraved on September 2, 2003 (an extension to
September 2, 2006)
LOCATION OF PROPERTY: South side of Boynton Beach Boulevard, appraximately 300 feet west
of Southwest 8th Street.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony fram 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.
DATED:
oa-~
7.
Other
\
S:\Planning\SHARED\WP\PROJECTS\Sl. Gregory's Armenian C
LUlJA IIUI\I IVIAf-J'
St. John's Armenian Church
Exhibit "A"
.
800
I Feet
N
+
200 100 0
I
200
400
600
EXHIBIT "e"
Conditions of Approval
Project name: St. John's Armenian Church
File number: SPTE 05-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
. Comments:
1. The applicant paid for the water reservation fee on February 16, 2004. X
However, the applicant would be required to pay additional fees to retain the
water reservation due to the lack of securing a building permit.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER I ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments;
2. Submit an updated traffic analysis. The traffic impact analysis must be X
approved by the Palm Beach County Traffic Division for concurrency
purposes prior to the issuance of any building permits.
3. All previous conditions of approval must still be complied with. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments;
4. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. Per understanding between adjacent residents and applicant, pump station X
and lift station shall be relocated to a central, acceptable location away from
adjacent properties
6. Per understanding between adjacent residents and applicant, perimeter buffer X
wall shall be 6 feet high.
7. Per understanding between adjacent residents and applicant, permit drawings X
shall include photometic details for adjacent residential properties to verify
that project lighting will not have off-site impacts, and light fixtures will
include shields to prevent glare.
8. Per understanding between adjacent residents and applicant, consider X
relocating dumpster or use alternative containers kept central/away from
adjacent properties.
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Annenian Church\SPTE 05-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
p & ?
Buli-}I~1l
Engln,;."ill!j
Occ. LICtlilt;l:!
Deputy City C!('I~ _,
PROJECT NAME:
Bellamy Heights, E 35' of Lot 15 & W 22' of Lot 16, Block 9
APPLICANT'S AGENT:
Mr. Zamil Abou, Nauras Corporation
,~
APPLICANT'S ADDRESS: 3502 N. Powerline Road, Pompano Beach, FL 33069
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 21,2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum
lot frontage of 60 feet, allowing a minimum lot frontage of 57 feet and
requiring a minimum lot area of 7,500 square feet, allowing a minimum
lot area of approximately 6,850 square feet, for a proposed single-family
residence within the R1-A Single-Family zoning district.
LOCATION OF PROPERTY: Bellamy Heights, E 35' of Lot 15 & W 22' of Lot 16, Block 9
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony fram 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
YHAS
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
A 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.
6. All further development on the property shall be made in accordance with the
and conditions of this order.
7. Other
DATED:
S:\Planning\SHARED\WP\PROJECTS\Bellamy Helghts\ZNG.V 0
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EXHIBIT "D"
Conditions of Approval
Project name: Bellamy Heights, East 35' of Lot 15 & West 22' ofLot16, Block 9
File number: ZNCV 06-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined. ~/
S:\Planning\SHARED\WP\PROJECTS\Bellamy Heights variance\ZNCV 06-001 \COND OF APPROV AL.doc
DEVELOPMENT <DER OF THE CITY COMMISSIO'
CIT'f uF BOYNTON BEACH, FLORIDA
FTHE
Development
P&Z
Building
EngineerIng
Occ. License
Deputy City Clerk
PROJECT NAME:
Rapido Rabbit
APPLICANT'S AGENT: Bradley Miller Miller Land Planning Consultants
APPLICANT'S ADDRESS: 282 Pineapple Grove Way Defray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 21,2006
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.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~AS
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 Applicajlt'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
~ m.
DATED:
O;}. -61 L/ - Db
S:\Planning\SHARED\WP\PROJECTS\RaPl~o__
)nditions 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.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
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 symmetrical 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
Comments:
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
LOR, 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
I DEPARTMENTS 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 EPA 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 project is multi-
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
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/ENVIRONMENTALIST
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 comer 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 copy of the cross-access easement with X
DEPAKTMENTS 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-l 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 (I) 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:
37. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
38. Comment #33 was rejected by the City Commission to replace it with only X
the second portion of comment that reads as follows: All mechanical
equipment, including the vacuums, should be turned off at closing time each
day.
39. Omit comment #34 as the sound standards are to be met without use of a X
buffer wall along south side of project.
Conditions of Approval
6
I DEPARTMENTS I INCLUDE I REJECT I
40. Ifsound levels of the project are ultimately measured to exceed sound X
limitations of the code, the owner or operator will either remove the number
of blowers necessary to comply with city sound limits, or apply additional
sound mitigation measures within the tunnel to accomplish same. Sound
readings would be taken by city personnel certified in using a sound level
meter.
41. There shall be no certificate of occupancy granted until the City of Boynton X
Beach has tested the operations of the carwash and has found it to be in the
limits described by the sound ordinances of the City.
42. The project shall include gates at project driveways that will be locked to X
prevent access when business is closed.
43. Power to the vacuum units shall be turned-off to prevent use when business X
is closed.
44. A minimum of two employees shall be on site during house of operation. X
45. Signage shall be posted that prohibits playing of radios while on premises. X
S:IPlanningISHAREDlWPIPROJECTSlRapido Rabbit12nd Review Comments. doc