Planning and Zoning Board - Regular Meeting

finding a zoning board. Uh, Miss Miller, if you'd call the role, please. Jim Chard, here. Mitch Katz, here. Drew Stone is absent. Roger Cop here. Bryce Patton is absent. Judy Malikica here. Gregory Snider here. All right. Um the first item is uh approval of the agenda. Um is there any changes? If you want to make a motion any changes. Are there any changes from staff or anything? Huh? There's no changes. Are there any changes from staff on the agenda? There no changes from staff. Do we want to change it?

No changes from staff. I think the majority of the folks in attendance here are for item 8b. So, if you wanted to move that in the past, that's been a practice, but it's optional. I say we just keep I'll make a motion to approve the agenda. Second. What? Wait, I'd like to question you. You can go ahead. Go ahead. There's an item missing from the agenda, which um I think you have an old agenda, Mr. Chard. Does everybody else have one that is miss that has C under legislative items? Yes. Yes. It was we got an email that was updated. That's been updated. Okay, I withdraw my question. Okay. Um, so we have a a motion and a second to approve the agenda. All in favor?

I. All opposed? Hearing no one opposed. The motion's passed. Uh, there are no minutes. At this time, anyone who would like to speak in the meeting, we'd like you to rise and be sworn in. and also ask that if you're going to speak that you filled out the signin sheet. Please raise your right hand by the authority estimate the notary of the state of Florida. Do you swear affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth. Thank you. Thank you. At this point, uh, we'd like to have Wait, did we do the roll call? Yeah, we did. Pardon?

Just in time. Oh, at this point, Mr. Strong is here. [laughter] I don't know. That's Yeah, right. All right. If that's if that's noted, we just uh swore everybody in. Okay. Great.

Um, at this point, we'll take comments from the public on any item that is not on the agenda. Any non-aggenda item comments from the public? Okay, seeing no one, those comments are closed. Move on to presentations. We have none. And quail judicial hearing items. A question before you read in the record for the attorney and I meant to ask earlier. When the commission changed their rules on having to read their whole address, did that apply to us now, too? I'm going to say yes. I think they just need to so they can just say their name code. Save time. Okay. Yeah,

that's fine. We'll I'll mention that. Um the rules. These aren't the rules. I don't have the rules. Yeah, I gave you both sheets.

I don't see them. Oh, there they are. Okay, sorry. My fault. This hearing shall be conducted in accordance with the city of Dely Beach Queensland judicial rules. The applicant in the city shall be permitted to present their case. The public shall be allowed to speak for 3 minutes each or a maximum of six minutes if the person represents an organization or group of people who are present but agree not to speak. The board members, staff, and the applicant may be allowed to cross-examine a witness. The city or the applicant will be allowed to offer rebuttal testimony. The decision to approve or deny an application or appeal may not legally be made upon the personal views as to whether a project is a good project or not. Nor may a decision be based on the numbers of citizens who support or oppose a particular project. The law requires that all decisions must be made on the basis of whether the project meets the requirements of law, the comprehensive plan, and the land development regulations. Okay. Uh, Miss Dry, would you read in the item 8A, please?

Yes. So, state for the record. Sorry. Yes. State for the record. Susie Rodriguez, senior planner. I would like to enter file number PZ182 um-20225 into the record. The request is a CBD waiver associated with a level one application for Atlanta Crossing. The applicant is here today to present. Okay. Uh do we have any exparte, Mr. Co? Uh no, not specific to this item. No. Okay. Miss M. No. Okay. Uh I visited the site. No.

Um none exactly to this but I just as disclosure I was part of the commission when we had the settlement agreement that oh approved the project and so I was very involved in it. Um and I did recently read it and was actually um speaking with the mayor about it as well because of the um the light on 6th Avenue. Oh, part of that settlement agreement, but just make sure it's all disclosed. All right. Thank you, sir. Yes. Thank you. Floor. Shall I state my name and address? Name and zip code.

Zip code. Bryce Hall 80205. Uh, ladies and gentlemen of the board, thank you for your time this evening. I thought for the benefit of explaining the why behind our waiver request, I would take a moment just to talk about the project broadly. I know I heard some of you have visited recently, but um here it is. The Atlantic Crossing project in its entirety. It's bounded to the south by Atlantic, to the north by First, to the west is Federal, to the east of course is Veterans Parkway. And you can see that it's comprised generally of four buildings. Buildings one, three, six south, and six north are what we consider the first phase of the project, and those are complete. The second phase of the project consists of building two, four south, four north, and building five. And those two final buildings are really one building combined, although they're listed as two. Wh I went uh to the end. What happened there? Went too far. This is what the project looks today. As I stated earlier, phase one is complete and occupied. And phase 2 is under construction starting with the southern portion of phase 2. And what you see under construction in this photograph is the subterranean parking garage that will sit below buildings two and building 4 south. And building 4 south is the building associated with the RA request that we're making this evening. As you might expect for a project of this scale of two city blocks, when it was initially conceived back in 2013, as you recall, the concept was not that each building would be of the same architectural style, but various cohesive architectural styles, each one complimentary to the other. And that has to do with the public experience of this very large, very prominent project here in in Delray Beach. So what we're

looking at here is build a rendering of building one. And the architectural style of this building is what I would call coastal commercial. This is how it was conceived. And this again is a photograph of that same building along uh Atlantic Avenue as we discussed this a moment ago. This is building three. This was conceived to be in the Alley's Beach style. That white stucco style that you're familiar with. Here it is today. Hampton Social obviously is a restaurant in that building. Finally, this is an image of the northwest corner of building 6 north, which is a apartment building. And this was intended to be a coastal resort type architectural style. And here's a image of how that looks today if you were to drive by it. And that brings us now to building 4 south or building building four. So when this project was originally conceived, this was the architectural style of building 4. And this is what we might call a Mediterranean revival style. And what we're looking at here is the Port Cocher, which serves as the main valet point that serves the entirety of this project. This was the design when it began in 2013. And when our clients uh decided that we were proceeding with phase 2 10 years later, tastes had changed. And at that time we came to SPRAB and proposed a revision to the architectural style that looks like this. And this we might call I don't know Miami Beach modern you know with the deep overhangs and the very clean lines. And when we presented this to the board conceptually in 2022 it was met with favorable response. Everyone thought this would be a really nice fit for the project and a great style for the town. When we completed getting through technical advisory committee review and approval, went back

to the board, uh taste had changed. Nearly two years had elapsed since our initial con uh conceptual meeting. And when this style was presented again at that time, it was determined that it wasn't a good fit for the project any longer and that this style was no longer favorable for what I mentioned earlier, that cohesive complimentary group of buildings on this larger project. And in fact, the board members at that time said they actually preferred something closer to that original design that I showed you, that Mediterranean uh revival style. And so the team uh heard that feedback and it's fun as an architect you can say this literally went back to the drawing board and revised the style of the building to its current form. And this, you know, is not exactly the same Mediterranean revival style that it was before, but it's what I would call um a contemporary interpretation of the Meisner style of architecture. It does have um some of those Mediterranean stylistic touches to it and very particularly you note the arch now form that exists again over that Porco share entry to the project. So this is that same view we've seen three times and then this is the main the primary elevation of that building facing north. There's a plaza between this building and the buildings to the north connecting this project with Veterans Park. And again, you can see some of those stylistic elements. And again, you see the arch form with the tile inlay there at the main entry to the to the project. I I've gone through this uh description of the architectural style of this project again because it has to do with the public experience of this project and our waiver request is related to three interconnected elements of the project that all benefit the public experience. And the first has to do with

the architecture. So here again we look at that port kosher form that large arch with a tile inlay that is something of the front door for this project. Every person that comes by vehicle to the project to go to any of the shops or any of the restaurants that Alexa valet will go to this point for drop off. And you can see that the form of that arch is very specific both in its massing and its proportion. Our request has to do with where that form that arch form meets the ground on the west side of the entry. And it's at that location that we have an encroachment into the setback of about 2 and 1/2 ft deep by 8 ft wide where it meets the ground. And the reason for that is due to the proportion of this arch and the importance of ensuring that the architecture is correct and it's a good experience for the public that arrives there. It's intertwined with that valet drop off that I mentioned earlier. So in this image, what I'm showing you is in plan the same thing and I've enlarged it three times. If you look at the bottom right hand image, you'll see that termination of that arch to the west where that form is meeting the ground and you can see as I described just a moment ago that portion of the encroachment where it meets the ground, that 2 and 1/2 ft for approximately 8 ft is completing the form of that arch. You may also note that that piece of the building where it meets the ground is immediately adjacent to the left curb of the valet drop off. And you'll note that the valet drop off itself, the lane width is 24 foot6, which is just enough to have two lanes of stacking for valet. And the sidewalk to the east, where passengers will, you know, get out of the car obviously and the valet will be attending is a little

over 7 1/2 ft. And those dimensions are what I would call optimal or maybe the minimal that you want to have to have a safe, functional valet drop off zone. And you can see that that arched form as it meets the ground being so close to that curb line. Were we to try to adjust that location to the east, it would start to impinge upon what I think are some critical dimensions for the experience of that valet drop off and for for safety. I think this image does also a good job of of showing and plan the richness of the streetscape at this location. And you can see that there's a a very deep uh tree lawn between the street, which is seventh, and the sidewalk itself with three large trees, much vegetation. And again on the other side, the east side of the sidewalk between the sidewalk itself and the building and the the valley drop off the same. And you'll note that though there is a small encroachment there, it really has no impact on the amount of landscape materials that we're able to provide or a very nominal impact for that matter. Then the final aspect related to this encroachment is that same form of the building. That termination of the arch where it meets the ground there next to the valet drop off is the foundation for the stansion. One of the several stansions supporting this public art piece. This Janet Eckleman tensile art form which will be connected to four of our buildings. I've I've pointed out in the upper right hand corner the point that I'm building for South, the building we're talking about today. spanning over seventh and this particular portion of the building where we have the encroachment where it meets the ground at least it it extends where it's can delivered as well as you're aware is the base of that uh piece that supports this public art that extends over 7th and so again the reason why we're asking for this and there's the technical justification that I provided in my justification statement but the

reason really is for the intent of ensuring that we have an excellent experience for the public that visit the project. That's the end of my statement. Thank you. Thank you. Thank you.

And uh as we go to staff, we'll note that Mr. Patton's here. All righty. So, this request is associated with phase two of Atlanta Crossing, specifically building 4 south, which is the second building north from Atlantic Avenue.

As this is a unified site plan, the project data is for the entire site. There is no modification to the use, the floor area, or the density in this proposal. A very brief background on Atlantic Crossing. The conditional use was approved in 2012 to allow the building height to increase uh to 60 ft for building 6 and three and for the density to be increased to 40 dwelling units per acre with the provision that they provided workforce housing. Um the class 5 was approved in 2014 for mixed use consisting of retail, restaurant, offices, and residential units. In 2017, a settlement agreement was executed between the city and the owner. This established that the 2013 LDR and the comprehensive plan are what what is applicable to all the phases in this project. And then in 2017, a class 2 site plan modification and waiverss were approved to meet many of the requirements that were listed in the settlement agreement. Uh, another class 2 was approved in 2019 for the reconfiguration of the pedestrian plaza as well as the installation of this aerial art piece across Northeast 7th. And the last modification that came to a board was a level three in 2024 which included the architectural elevation modifications to building 2 and building 4 south. The city received a level one application for building 4 south to modify uh some balconies, relocate rooftop equipment, add a restroom cabana on the pool deck, and extend the port crochet. Due to the extension of the port crochet, the applicant is requesting relief to section 4413 F4 A2 of the 2013 land development regulations to reduce the front stepback along Northeast 7th Avenue from 5T to 2 1/2 ft. Please note the waiver is what's under review tonight for recommendation

to city commission and the level one request would be reviewed administratively. This code section states that buildings with non-residential uses on the ground floor require a minimum setback of 5 ft. The requested 2 and 1/2 ft encroachment accommodates the port crochet, the structural pier supporting the art inst art installation and the pool deck on the third floor. For clarification, let's see. Let me go here. So, this is the pier that's right here that's going to be encroaching down. So, this column and as well as this second floor that's going to be supporting the pool deck. This all in purple is what's the encroaching into the setback 2 and 1/2 ft. The approved streetscape adjacent to this request consists of an 8-ft sidewalk and a 10 10 foot wide landscape area or what we call today our curb zone. Uh within the 10-ft kind of curb zone, there's also bicycle racks there. The following are your waiver findings. It shall not adversely affect the neighboring areas. It shall not diminish the provisions of public facilities. shall not create in any unsafe situations and not result in a granting of a special privilege. The board should consider the following. Is the reduced setback anticipated to negatively affect the quality of the pedestrian experience? Is the proximity of the structure to the sidewalk area anticipated to have an impact on any public facilities? And does the granting of this waiver align with the broader LDR goals that support a superior pedestrian environment and connective pedestrian network? These are your board motions and that in concludes my presentation.

Thank you. At this time, uh are there any public comments? Any member of the public like to speak? See, seeing no one, public comments closed. Does the staff or applicant have any uh rebuttal? No rebuttal or cross-examination? No rebuttal. All right. Board discussion. Shall we start with Mr. Cope?

Sure. Thank you. Um, excellent presentation by by both parties. So, thank you so much. Very very complicated project. Um that's you know that we've all been watching over the past seven years or so, however many years it's been. Uh the answer to all the questions that have to uh be weighed in when uh we you know pass judgment on something like this is to me was no. That this that this is uh this doesn't negatively affect the public. this doesn't uh uh there's there's no special conditions that would be granted here that that uh that would be detrimental to anything. I think the fact that it's in the landscape planner is is uh

helpful,

pretty pretty, you know, convincing that that uh you know, if it were on top of the sidewalk next to it, that that might be taking away from the public's uh opportunity to walk down that sidewalk, but it's in the planter. So, um, I'm always appreciate, you know, proportion and, uh, the the rhythm of the of the [laughter] art that he's, uh, alluding to with the entry. Um, I I find it very supportable. um the you know the drive through the quarter to go possibly could have been narrowed up a bit uh but you know I I understand everything that's in play here. There are many factors that are in play especially on that corner. I find everything to be uh very supportable and and can't wait for the uh the public art to fly through the two buildings

on the west. Had I had no idea that it was being anchored back to this corner or this part of the portico. So that's pretty pretty exciting stuff. It's a world famous artist, you know, that that we all can't wait to see the thing flickering up there. Anyway, that's enough. I'm in support of it. Thank you, Miss Mullica. I have no comments. I would be in support of the waiver. Mr. Strong, no comment. Mr. Patton, can I comment? Yeah. Yeah,

I wish it, you know. Yeah, I agree. Everything's internal. Um, if you if the closing of the space makes it more, you know, makes your customers um and patrons uncomfortable, that's that's that's on you. Um, I will I can't wait to see the artwork either. Let's hope it Let's hope it gets done. Thanks, Mr. Chard. Um, I'm wondering if it impacts the two-way traffic on 7th um in that area. I think I heard you say that the the lanes are not going to be narrowed on that.

Yep. Correct. There's no impact at all on Northeast 7th. That's unaffected at all by this waiver request. Okay. Um secondly, I understand the peers why the sort of the 8 ft uh continuation of of the reduction in the setback. Is that supporting the pool above it?

Yes, it is. It all is supporting the portions above it. the eight foot portion of it, that part that's touching the ground, has to do with the massing and the scale of that arched form as it comes across. Were it to be more narrow, it would result in the proportion would feel a bit off. Uh, and so that's why we're making that request to allow that form to complete itself at that scale and meet the ground as it does. Okay. Um [clears throat] and there was some mention by uh in the staff write up of the limits imposed by the settlement. Could somebody explain that to me please?

In the sense for the 2013 land development regulations. Okay. So the settlement agreement specified that the 2013 what was applicable to when it was approved back in 2013 is what would be continued um for review until the project's completion. So the 2013 land development regulations and comprehensive plan is what we as staff look to review when any modifications are coming in until the full Atlanta crossing is completed. All right. Thanks, Mr. Catz.

Sure. Um, I am in favor of the the change. I do have a question though. The the only concern I guess you have is the archway being so massive. Is it going to be almost uninviting for people wanting to park their cars there? Because that's that was crucial was the flow, the traffic flow that people utilize in that valet. Otherwise, it makes the project very hard to park and you know deal with traffic. Just I'm just curious if that's been thought of or Yeah. You know what I mean? When you're pulling in, is it going to be very welcoming to?

Sure. We like to think that it would be you know that there's the form itself. The sides of it are open as you might be aware. We've brought the openings all the way down to grade to ensure there's plenty of natural light flooding into that space. Of course, the space itself at night will be lighted in the ceiling. So, I think it will actually create a very welcoming experience. And in fact, that's part of the importance of this request is ensure that that what I would think of as something of the front door of the project is something that feels a part of the project and is welcoming because that was the biggest a big concern back 100 years ago when we started years ago was there's no surface parking. You know, there's no right, you know, people feel we want people to feel comfortable to just to be able to park somewhere. Yes. Um,

you know, in general, I think, like I said, I'm going to support it. I This is what happens. Um, as Mayor Glickstein said at the time, when you put 10 pounds of something into a 5B bag is you're going to keep getting these changes and changes because they're trying to fit so much into it. But we are here. We can't go backwards. So, I am in favor. May I ask one more question? Yeah, please go ahead. Has the landscape plan now been changed to accommodate the fact that it's sort of half the size it was going to be? Yes. what what sort of changes have you made? Um, if I could maybe go back to it's very nominal in nature. It's really just the removing of a few plantings. This image shows it quite well. So, this image shows

the landscape planting plan and and plan obviously. And if you can see where that pier is touching the ground, the one that we're discussing there, we we've just basically removed some ornamental uh you know, shrubs from what would normally be in that area. So, it's reduced the amount of planting just nominally at that particular location, but the rest of that landscape plan as you see, including the 10-ft planting zone between the street and the sidewalk, remains as it was prior to the uh waiver request. Okay. Feet wide. Yeah. Okay. Okay. Thank you.

Um, yeah, I think it I don't know how to say this. I I completely understand the requirement for the space for the for the uh valet parking aisle and all of that. Um why don't you make the building smaller? Yeah, I mean that would be a thing to do. Of course, you know, again, it was um [laughter]

we were being we were responding to um the SPRAB board and and their comments regarding the appearance. And I think at the time that we were doing that, we didn't recognize that we had made the encroachment and uh you know, going back in time to that time, you know, in 2023 when we're making those changes, that would have been the thing to have done at that time. Now, of course, the building is designed around that scale and that proportion and so that's where we are today. Okay. Yeah. No, but I I support this. I think it's reasonable. You want a motion? If we have a motion, please. Motion. What? You want to do it? Go ahead. Go. Go for it. Mr. Chair, [laughter] staff had no conditions, right? No.

No. Okay. Great. I'd like to move uh a recommendation to approve the city commission of the waiver request for Atlantic Crossings PZ 182-2025 located at 777 East Atlantic Avenue to reduce the required front setback from 5T to 2'6 in along a portion of building 4S adjacent to Northeast 7th a associated with a level one site plan modification by finding that the request meets the criteria. set forth in the LDRs. I would second that. We have a motion by Mr. Cop, second by Miss Monica, and Miss Miller, if you would call the role, please. Jim Char, yes. Mitch Katz, yes. Dedra Strong, yes. Roger Cope, yes. Price Patton,

yes. Judy Malikica, yes. Gregory Snider, yes. The motion passes. And I would just ask of you that you pushed the city, I understand that you gave the money already for that light, that you pushed the city to get it done because for safety, that needs to get done. Understood. Thank you. Thank you for your time. Thank you very much. Thank you. All right. We can move to last weekend. Okay. There you go. Push the right one. Okay. So, 10 years later,

we could have um item 8B, please. What the Okay.

Good evening board members. Alexia How senior planner. I'd like to enter for the record file number 2025-109 and 2025-110. And the applicant is here today to present. Okay. Do we have uh any exparte, Mr. Katz?

I do. Um I met with the applicant attorney land use um architect. Um, I met with a couple neighbors um the the farm their farms the um Crusos I [clears throat] met with I spoke to actually a couple of my neighbors family members well since I live so close about it. So, um I think I've got that all covered. And then obviously it's all the letters as well and I definitely drove by [clears throat] every day because I have to uh I drove by and and took a look at the uh the property. I did hear from the applicant's attorney and I do have this propo uh petition.

I uh I'm familiar with the area. It's close to my home and I drive by it quite a bit and I went and made a specific trip to visit it. Mr. Patton, none other than the petitions and letters. Mr. Strong? None. Just the uh letters. Petition and letters. I spoke with Mr. Scott, the attorney, and um drove by the the site today, visited it, and um spoke with some neighbors. Mr. Co. I had a phone message from Mr. Scott. I was unable to return and I apologize. I read the petition and all the various emails that were uh presented to us.

Okay. Thank you. All right then. Please. Uh thank you very much. Uh Mr. Chair, members of the board, my name is Matthew Scott. I'm a zoning attorney at Greensp Martyr with a zip code of 33446. I'm here on behalf of the applicant. Now, just before we get started, is is there a petition that was submitted? I think he meant staff reported by petition to deny proposed. It's signed by signed by a number of individuals. Okay. It was in the backup perhaps. No.

Okay. Well, I guess we can get a copy and we'll talk about that. Um,

yes, you have a copy of all correspondence received up through yesterday. We were receiving up until the last minute before the meeting started, but all

Fair enough. I just want to make sure I wasn't missing something. That's all. Uh, back to it. So, uh, we're excited to be here tonight. We've been working on this project for over a year. I'm joined by Bradley Miller from Urban Design Studios. Uh, we also have our traffic engineer, Andrea Troutman. Um and our landscape architect I believe is here and my client uh Mr. Fosio uh has joined us um in case there are technical questions about car wash operations. Uh as you can see on the screen we are seeking a positive recommendation from the planning and zoning board on our level four site plan application and on our conditional use application for a car wash. Before turning it over to Bradley Miller I just wanted to u mention one thing. Um the chair went over the quad judicial procedures. We do have neighbors here. Um, in speaking with the attorney um, for Sierra Vista about some of their concerns and in hearing from my client who met with some of uh, the neighbors, I just wanted to make sure tonight that um, that is an understanding that we're not seeking to reszone the property. It's frequently the case when a conditional use or special exception application is is um applied for when when a change to long vacant land is pursued uh that the neighbors get really concerned and I and we totally understand that it's sat vacant for a long time and we we're respectful of that. But it's important that we understand what sort of the um the legal underpinnings of our application are. And so I just have a a case that I found to be helpful because there seems to be this confilration, this mixup between a reasonzoning and a and a special exception or conditional use application. Those are sort of synonyms. So this case uh from rural New Town versus Palm Beach County which was decided by the fourth district court of appeal which um oversees this area. It it clarifies that it says in a reasonzoning the burden is upon the applicant to clearly establish the right to the resoning. A special exception or conditional use as opposed to a resoning is a permitted use to which the

applicant is entitled. unless the zoning authority determines according to the standards of the zoning ordinance that such use would adversely affect the public interest. And so with that, I'll stop with the legal jargon. It's just important that there be an understanding that this is not a reasonzoning, that this site has been general commercial for quite a long time. and our application tonight. Um, we worked really hard to comply with all of the criteria in your code for a conditional use for a car wash use in this zoning district. And so with that, I'll turn it over to, uh, Bradley Miller to go into the details.

Thank you, Matt. Uh, for the record, my name is Bradley Miller with Urban Design Studio. The zip code is 33401 up in West Palm Beach. And, uh, I am the the land planner on the project. Um, and our firm also did the landscape architecture uh for the project. Just to uh walk you through this, I want you to know this is not a fly by night car wash operation. The Fazio family goes back to 1949 when uh two brothers uh started up in the northeast area and then it's continued down here uh since 1978. uh Sunny's uh uh Sunny's Enterprises is turned into a parts and and uh a type of facility that supports the mechanics of car wash uh facilities. I I've done quite a few in my career and it seems like everybody uses Sunny's equipment in their in their car washes. This is the family. It's Sunonny Foazio and um his his uh brother Michael uh carried on the business and now it's it's Jeff Fazio. So they're fourth generation into the car washes. They know what they're doing. Uh and uh it's it's been a pleasure working with them through through the time. Uh this site is uh out on the western edge of Delray Beach. The green line there actually shows the line between Delray Beach and uh Palm Beach County. Then the site is located on the southwest corner of Military Trail and Conklin Drive which is uh just a little bit north of Atlantic Avenue. Um we've got just shy of an acre and as um Matt explained, the property is zoned for general commercial. Uh we have uh the the required parking and open space.

In fact, we exceed the open space requirement for the project, which we'll we'll get into. This gives you a a little bit of the history uh of it of the property of from when it was in the county in 1980. Uh the county actually zoned the property for commercial use and then in 2006 it came into the city and uh went in the city. Uh it uh the city often times does this with an annexation is they apply a transitional uh land use and special activities uh district until it some uh type of proposal comes along. In 2020, there was a proposal that did get a uh approved uh for a self- storage facility on the property that was four stories. Uh didn't never obviously didn't ever come to fruition. So since 1953, uh when this property was platted, uh to to my knowledge going back in aerials, I've never seen any development on it. So, the the general commercial zoning district does allow the car wash as uh Matt explained and it requires this conditional use approval which comes to you and then it goes to the the city commission. Um, and you can see uh on the the graphic portion there are some other the AC is automotive commercial that's directly north of us. There's a tire kingdom there and then there's a a gas station to the to the north of that. So, our site plan um the the table is going down the the predominant property development regulations and the check marks on the right hand side or the critical column. We're meeting every one of the property development regulations that's required in there. If I listed them all, I think we started this in January uh with the formal application

and obviously it took us a couple of months to get to to that point. Uh, so we've been at it a long time. City staff has done a wonderful job of of putting us through the the the drill of of complying with this and providing the information to uh get it to this point um and making sure that we are meeting those regulations which we are. So uh the the scope of the site plan here is the access would would come off of Conklin Drive. And just to touch on that, some of the questions that might come up in your mind is is well, why didn't you get a driveway off a military? So, this is a county uh in the county jurisdiction of military trail. Some parts of military trail is DOT. This is actually county. Either DOT or county would not allow for another driveway that close to Conklin when you can have access off of Conklin. So any use on here, any commercial use on here would require that access. The access would come in on the it'd be a one-way flow uh where you enter the property on that western driveway. And then you come in, there's three different queuing lanes, all of which meet the 100 foot minimum distance, which I'll show you here in a moment. Then there's uh three points of service where uh where you're actually paying for it. the the northernmost the one with the yellow arrow is uh we call the retail lane. That's where if you don't have a membership, you go to that retail lane. They in the the number of of facilities that they have, they're around 60% of their business are actually members. In the members, which are the green, there's there's two ways to go through. And the the beauty of the membership is you pull up uh there's it's either identified by your your license plate or

sticker. Different places use different methods and you go through you've already paid for it and and you you move on through. So it's it's a quick scenario. The retail uh takes a little longer because you're selecting which wash you want, but it's still a very short time frame. Um you you continue on in and you go through the tunnel. Uh uh and then as you exit the tunnel there's you circle back around. You have the option to actually leave through the driveway or you have 19 parking spaces there. All of which will have vacuums uh uh associated with it that you can go and vacuum out your own car. All part of the the service of what you just paid for. Um, and then when you leave again, uh, there's no way to get back to that other drive. You leave the, uh, the driveway on the east side. Uh, around the perimeter of the property, you can see we have very lush, uh, landscaping, uh, throughout. Um, we do exceed, I mentioned that before, we do exceed the open space requirement. And we have 10 10-ft wide landscape buffers along the south and the west which are adjacent to the residential. And along those property lines we have an 8ft wall. Uh six is is usually the norm. Uh but we've increased that to an 8 8ft wall. Uh along uh Military Trail, we've included a wall as well. There we have a there's a special landscape buffer along Military Trail that's 30 ft uh which we comply with. And then we have a wall uh that is 6 foot high along Military Trail. And then lastly along the north side adjacent to Conklin there's there's the 10- foot wide landscape buffer uh the tree material and hedge material in

there and a 4ft masonry wall again to to help with the the screening and and the the buffering uh of the of the facility landscape. This is a little bit repetitive, but this emphasizes uh where the walls are. The red line are the 8ft wall along the south and the west, 6 foot along the uh eastern side uh up against military, and then uh the 4ft wall uh on on Conklin. [clears throat] Traffic and queuing was was probably the the most predominant thing that we talked about going through the staff review. Understandably so. And there's a few things there. There's traffic and there's queuing. Uh and uh this uh through the traffic analysis that we're required to do and Miss Troutman is here if there's any technical questions through it. We provide a traffic study that then gets uh reviewed not only by the city but it goes to the county for for review. Uh we uh through through that we have 166 total total trips. And then this is a copy of the letter from the county that uh confirms that we meet their traffic performance standards uh for the the roadways and the traffic generated by the facility.

You got 5 minutes left.

Oh, okay. Go fast. I didn't know there was a time constraint. Um so to go to go faster at queuing I went through uh those we've got the three lanes all of them meet the uh we have a minimum of 100 ft we range from about 104 to about 119 uh with the with the queuing lanes and uh the processing time is about a minute to to get through there for the retail uh lighting has has been brought up. We have light fixtures. The the yellow circles there are actually the light fixtures that are are fully uh uh screened from view. And if you really were able to zoom into the outskirts of the property on that exhibit, it's showing uh zero spillage uh going off of the site. The triangles are more uh building lights that are uh up a clo close and then it ties into the fixtures. Uh sound and noise was the other uh big topic and we went through several different noise studies uh at the request of staff. [clears throat] The the city's decibel level is is 60 uh of staying below 60. Um and the darker blue component of the color of the exhibit that goes over our plan is showing where we're at that 60. And it it it goes out into the roadways uh uh more so into military than into Conklin. Uh but uh what this does show is that any sound uh coming from the facility would be within those decibel levels at the property lines, which is what the code code is uh that requires it. Architecturally, we've we have some some neutral tones here of of some taes and browns. Uh we again worked with staff on

this. We do have some living walls. Uh the top right is what faces Conklin and the uh top left is what would face Military Trail, the most uh uh prominent parts of the uh of the building, most visible. Carried that over into the top left is the the point of service. uh uh canopy. So, uh the dumpster enclosure, we've we've got the the sound walls, uh the vacuum equipment, all of it is architecturally consistent. And these uh show you some sites. This is looking at it at um view from the northwest looking southeast. That's the entry into the tunnel. And this is uh the other end as you as you come out showing the the vacuum canopies uh that are there. And then uh Scott wants to uh go back through the uh the findings here, the technical criteria.

Well, I think we're running out of time, so I'll make it quick. Um I think that the staff report is part of the record here. What the staff report identifies is that we've met every single requirement in your code. So every uh published requirement in your code, we've met. Um, we're not seeking any waiverss or variances of any kind. Um, with regard to the conditional use standards, the the two real questions are whether there'll be a significantly detrimental effect on the stability of the neighborhood with within which it will be located. And so what I the reason why I noted at the beginning of my presentation that the site is zoned general commercial is because under the code as of right no conditional use are liquor stores, drive-th through restaurants, indoor shooting ranges, and other very heavy intense type of uses that could just have to comply with other parts of the code. Our application exceeds code in many respects. As an example, it has larger landscaping and more lush landscaping than is required. It has taller walls than are required. It has larger setbacks and a uh much lower F than the code would require. And so considering the fact that the site is zone general commercial already and that there could be many more intense uses there and the fact that we're exceeding code uh provides some competent evidence that we're not going to have a detrimental effect on the neighborhood. And then the second criteria really is inapplicable. So, I'll close on that and just reserve time for rebuttal is whether there would be any hindrance to development or redevelopment. What's so unique about this site and why we think neighbors are here and concerned is it's a lone vacant site in a developed area. There is no redevelopment going on because there are there's an existing auto zone to the north, other commercial uses nearby, and then there's the single family homes. Thank you very much. We appreciate it.

Thank you. And at this point, oh yeah, before I start, can I just let the public know that the meeting is streamed on YouTube? It's going to be there forever. So I don't want your arms have to fall off if you're trying to record it. It's it's all out there and it's it's live and not going anywhere. So on the paper it said that it would be recorded. Oh, you can record. Yeah, it's all recorded on YouTube. It's streaming live right now. Okay. Thank you. I just felt bad. You're going to be there for hours. Thank you. [laughter] Miss Howard, Miss Rosenberg.

Uh, yes, it would be me. Hi. Okay. Good. Good afternoon, board members. Um, again, Alexi Howard, senior planner. Um, for so tonight we have the purpose of the meeting is to present the level four site plan application and a conditional use for recommendation to city commission. [snorts]

Um, so the subject property is a vacant site and is just a little short of an acre located at the southwest corner of Military Trail and Conklin Drive. I will briefly go through my presentation. I believe the applicant did well through jobs, so I will try to go as fast as possible. Um, it is a a GC zoning district with a land use of GC. Um the zoning district directly to the west is unincorporated um Palm Beach County agricultural residential and to the south and east is uh lowdensity residential and to the north is automotive commercial. Um and the proposed use is a 4,27 foot automatic car wash with a F of 1/10enth of an acre. Um so here we have a street view of the subject property at the corner of Conklin Military. It's a vacant parcel, as you can see, with the Tire Kingdom across the street. Um, so in 2006, the property was annexed into the city with a land use of TRN and a SAD zoning district for a proposed self- storage facility. Um and then [clears throat] in 2020, um a privately initiated zoning resoning from SAD to GC and a city initiated land use amendment from TRN to GC for a uh O'Reilly automotive services was proposed, but the um automotive uh O'Reilly never established at the time and so it's vacant to this day. Um okay, so here's an aerial image of the subject property outline in red. Um the site lies along a major commercial corridor which is South Military Trail to the east. Uh meanwhile to the west is a single family uh from Palm Beach County and to the south is a is attached single family uh which introduces a sensitive uh boundary line along those two borders. Um,

and so across the street is the Tire Kingdom with a gas station and across the street from Military is the High Point of Del Rey neighborhood as well as a cube smart storage facility. Um, I'd [clears throat] just like to highlight that the site uh sits in between the major corridor and the ex existing single family development which makes the conditional use request under care careful consideration of the potential impacts to the surrounding areas. Um, I'd like also like to highlight that the intent of the GC zoning district is uh is for smaller parcels and for commercial and retail uses to activate the corridor. Um, and so generally transi transitional uses are uh less intense. So like an office or a retail is less intense than let's say um anything with like a drive-thru let's say or anything like that. that would be less intense and so that's a more preferable transitional uh land use to be designated there. Um here we have an aerial view. Again we can see that the south and to the west are uh single family residential and then to the north are the commercial uses. And so the proposal is uh for a car wash um that includes a onecar tunnel uh mechanical equipment storage, restrooms, break room, and office. The site also includes a um 19 parking spaces at the front with uh camping canopy coverage. Um and the hours of operation are from 7:00 a.m. to 9:00 p.m. So this application contains two linked application requests. uh the level four site plan and a conditional use. Both applications must be reviewed together because the site plan provides the

measurable design and operational details needed to assess the compatibility, traffic, noise and buffering which allows us to evaluate impacts while the conditional use determines the use is appropriate at this location. So to understand why this requires a special review, I'll briefly explain what a conditional use is and the board uh responsibility is tonight. So a conditional use is not permitted by rights. It um and is generally acceptable in a zoning district, but requires a case-bycase review to ensure it is compatible with the surrounding properties and can operate without negative impacts. So the planning board shall make a recommendation of approval to the city commission. If the planning board does not make a approval tonight, then the item um stops tonight and dies and the city commission has the authority to revoke the approval um and the operation of the use shall seize immediately. So basically the establishment of a conditional use is based on the context of the neighborhood. To evaluate the conditional use, the board must make positive findings that the conditional use will not have significant detrimental effect upon the stability of the neighborhood and that it will not hinder development or redevelopment of the nearby properties. Um, in addition to the findings, um, both requests shall also be analyzed um to its performance to chapter 3 standards, which includes concurrency, consistency with the comprehensive plan and the site plan standards. Um, in terms of concurrency, the development meets all the requirements in regards to land use, water, sewer, solid waste, drainage, and traffic. Next, we have to look at the policies in the comprehensive plan and show how this project further advances the vision and future growth of the city. Um, so I've highlighted a few policies here. Um it

really highlights how intensity uh the use and intensity and how it should be all appropriate to and compatible to the adjacent land uses and fulfill the remaining uh um [clears throat] and fulfill remaining land use needs um according to the neighborhood. Um how it promotes job creation, how it has interconnections to adjacent properties, how it protects and enhances the residential neighborhoods. provides mix of uses um and has design characteristics that are similar in intensity and development patterns to the adjacent uh properties. Um and the in addition um LDR section 3.2.3 further articulates these policies into 12 standards and we've condensed those into five categories. Um so basically these performance standards incorporate good planning practices by inquiring analysis of intensity neighborhood protection traffic safety connectivity and design visibility. So when we take a look at intensity, not only do we look at F, but we also look at the um characteristics of the proposed use which includes um intensity of uh development uh sorry uh traffic generation, noise, lighting, um buffering, things like that. Um we also take a look at the um um how can we protect the neighborhood the neighborhood. So we take a look at noise and lighting and odor also as a traffic. Um we also take a look at connectivity. So the standards require that there's um inter links between adjacent properties and there's accessibility ADA from public sidewalks. We also look at the design of the building landscaping and lighting um and not to interfere with the traffic visibility and circulation. So here we have the site plan. The site

plan illustrates the how the site will function. Um the applicant did a well job kind of explaining how the overall operations of the car washer will operate. So I will not go into detail with that. But overall here you have the property line highlighted in red. We have a pedestrian path uh from military trail connecting to the site. We also have a dumpster enclosure provided at the northwest corner. We also have um a um a buffering wall along the south, west and east property lines and on the north property line. We also have um additional uh walls interior of the property at the end of the exit tunnel and we also have uh canopy shade uh covering at the night parking spaces. So here again with the traffic circulation and generation. Um overall the project uh met the traffic generation and there were no concerns with that from the Palm Beach County. Um in terms of circulation um whether there's impacts to Conklin Drive with um circulation and overflow uh we required a stacking analysis from the applicant and they have graciously provided that stacking analysis. Um based on that analysis that uh has determined that the uh all the queuing will be remaining on site and there's no overflow of stacking um onto Conklin Drive. Um we've also requested a noise study um to determine the impacts uh from the the car wash. Um so here is a noise exposure map expert from the study as well as table B which u relates to the noise levels. Um so as mentioned the code requires um a maximum of 60 dB measured

from the property line and not to exceed that. Um so overall the study determined that the um car wash does not exceed the 60 dB measured from the property line. However, staff would like to uh point to you the uh threshold is being reached really closely especially to the um interceptors um R5B and R9B. So R9B is um to the left top corner of the property uh closer to the single family home and that is measured at 54.7 dB. You're at the five minute mark.

Oh, thank you. And um R5B, which is at the southern east corner, is measured at 59.4. So as you can see, it is close to the 60 dB, but it is still meeting the minimum requirement. Um, as to lighting levels, there's no um concerns with lighting levels. Um, all the exterior lighting um does not uh exceed the 0.25 foot candles and all the lighting is proposed to be full cutoff luminers. Um in regards to the landscape um the the applicant really went through with the whole uh landscape application. So I will not go into detail but there is a mitigation um that is provided uh with this proposal which includes uh the removal of five slash pines and the replacement of of that with five Simpson stoppers. Um I would like to highlight that there is a special landscape buffer that is required along the corridor of military and it's a 30-foot um special landscape and they have provided that as well. [clears throat] And in terms of architectural elevations um the board shall consider if the um the proposed elevations are in good taste and good design and harmony with the overall city and the context of the neighborhood. And um here are some renderings at the below as well as the elevations. And overall here are some summary considerations for the board. Um the board shall consider if uh the use is appropriate in its context and adequate mitigation measures have been implemented such as buffers, walls, um and proper site design. Um, also, um, I'd like to mention that, um, if there's any concerns, the board would like to request additional information. Um, the, um, one of the

board actions is that you could continue with direction if you would like more information as to any concerns that you may have. Okay. Thank you. Uh at this time we'll open the floor to public comment. Um please come to the podium which is actually a lectern.

Um just one comment. Um I know there was a lot of people who uh raised their hand when they said they were going to speak. Um but I know a few people came in late as well. So if you haven't been sworn in but you plan on speaking, just let us know so that we can swear you in. Um, also public comment will be limited to an hour. Okay. I think Diane's supposed to make note of the time when we start. Yeah, just let her out. Okay. Yeah. Make sure you're I always need Okay. Please, I need to get somebody's Okay.

When you come to the podium, name, zip code, let me know if you've been sworn in. And you're limited to 3 minutes as I said earlier unless you're representing six other people who are here and won't speak. And if that's true then just let us know. Chair. Okay. Can we do um swearing in whoever? No. Yeah. Are there people here that want to speak that have not been sworn in? Anyone? Okay.

Okay. So, we should be good. Well, thank you for letting me speak. How How you doing everybody? I hope you had a great weekend. My Dolphins won. Um my name is um Harry Vogle. Um uh my zip code is um 33484. Um I moved here in 1972 from Miami Beach. I have lived on Conklin Drive at 5097 Conkland Drive for about 25 years. [snorts]

Um, I'm speaking tonight to formally object to this application. The board has two responsibilities with the conditional use. Protect the stability and quality of life of the surrounding neighborhood and two to ensure the use is compatible with adjacent residential properties. I feel this application fails both standards. The storm water and well contamination risk. Many homes on Conklin, including mine, are on rely on wellwater for our entire house. Uh the engineering plans place exfiltration trenches at an elevation of 12 1/2 ft and the water table is documented at 14 1/2 ft. This means the storm water system is literally designed inside the water table. This guarantees that wash water, detergents, slicants, oils, and dissolved pollutants will enter the groundwater and migrate toward my well. This is a public health hazard, and I don't know if the staff reported ever evaluated it with our wells. I understand now that they are allowed to put the trench below as long as it's lined with the fabric and they do that, but unless the fabric is kept up maintenance-wise, it's only going to last 3 to seven years and then everything will leak into my and not only that, the trench is sitting in in the water, which makes it worse. [snorts] And if the city approves this knowing that trenches are below the water table and adjacent homes use wells, uh the city assumes liability if contamination does occur. The applicants own uh noise and lighting impacts. The applicant's own study shows noise and level at 59.4 dB right at the

legal limit. By the way, in the in the folder there, the picture is my house and the picture is the entry to the car wash, which is very I mean, it's right there. Um, the study excluded peak blower noise, vehicle noise such as horns, equipment, radios, and staff acknowledge that noise approach the established threshold. I'm not sure about this. The phototric plans also show light spillage of one and a half candles at the residential boundary. The applicant says there is no spillover, but their phototric plan contradicts them. I had 20 foot LED poles and late night vacuum lighting are not compatible with homes on Conklin. Third, traffic routed into a residential street. All traffic is pushed into Conklin Drive, a quiet residential street. staff themselves wrote that the board must consider where this proposal will adversely impact the local neighborhood street and it will significantly. In conclusion, the public health risk to wellwater, the noise and lighting intrusion, the traffic incompatibility, and the contradictions between the applicant and staff. This use clearly fails both conditional use findings. And for these reasons, I respectfully ask the board to deny this application or table it until independent sight specific evaluation of storm water, groundwater, lighting, and noise can be completed. Guys, my home is right there, right at the entrance. There's 19 vacuums coming over the wall. It's six foot wall. I'm gonna I'll stand at my front door and listen to vacuums all day long. And it's 7 o'clock in the morning on Sunday morning. I I just ask that you just take another look at it, please.

Thank you. Thank you. [snorts]

Good evening. Um, good evening to the uh planning and zoning board and all Sorry. Can you get me your name and uh zip code, please? Excuse me. Your name and zip code, please? Yes. Sorry. Uh, my name is David Demo. Uh, zip code is 33484. Can you hear me? Yes, I can hear you.

That's fine. Um, I uh I'm a resident of Sierra Vista and I just want to say good evening to the uh planning and board members, planning, uh, planning and zoning board members and all the attendees. I'm here tonight on behalf of the residents surrounding the proposed car wash, the project uh uh 20250118 uh loc located on 14145 South Military Trail in Delray Beach. Rather than have uh multiple residents uh from uh my community make the same arguments, I'm speaking on behalf of all of the residents from the Sierra Vista Homeowners Association. Um, I appreciate the uh the applicant's presentation. Uh, but we believe it leaves out serious critical facts that uh directly affect our neighborhoods safety, livability, and property values. Across the country, municipalities have been cracking down on oversaturation of car washes, recognizing that the unlimited prolifer proliferation serves no public purpose and often harms uh surrounding residential communities. Tonight, we are asking Delray Beach to step in line with these modern planning practices and make a decision that protects residences, not just developers. Um this uh these comments have been put together uh by our uh association board members and also our uh attorney who uh unfortunately due to the uh short notice was not able to attend this evening. So I just wanted to go uh go over a couple of points uh uh that the applicant had has claimed.

Uh the first point being that the car wash is uh different and higher quality than nearby ones which are just accessories to gas stations. Uh with respect to this argument uh with respect to this argument ignores the core planning issue which is market saturation and not product quality. Uh Delray residents are are not asking for premium versus basic soap cycles. We are pointing out that there are four car washes within two miles. Two of them less than half a mile away. Uh uh city after city has begun rejecting new car washes because they offer no essential community benefit, especially when existing capacity already exceeds demand. This is not the best use of one of the last developable developable

uh corners adjacent to a residential community. You didn't say they were here. They're not here. Excuse us. I'm sorry. That's your unless you're unless there's six other people. You have six people here. We have a little leeway from three minutes, but you just hit the three minute mark. Okay. Said what we continue. Yeah. For a little while. Three minutes. Hold on just one second. Are you representing an organization, sir? Yes. Yeah. It's you're you're representing the HOA. Yes. He gets three additional minutes. He gets Yes. That's what I was going to say. We're going to have to be here. No, there's two distinctions in our I think we should give him three additional minutes quickly through these bullets. So, just set three more minutes, please. Mr. Patton, he's good. Go ahead.

Sorry to interrupt. Please go ahead. Uh the applicants claim that the uh walls and landscaping will protect the neighbors and the property abuts no homes except one. Uh this depiction of the site is incomplete. Uh the parcel directly abuts backyards and the neighborhood recreation area. A wall is not a substitute for a buffer. A masonary wall does not eliminate noise, visual intrusion, headlights, foot traffic, camera coverage of neighboring uh uh yards, or the feeling that a commercial operation is looming behind your home. Traffic congestion. The applicant uh uh claims that the car wash adds only 166 daily trips, less than a fast food restaurant, and the county approved traffic. uh this comparison is not a uh defense, it's a distraction. The fact that a different hypo hypothetical intense use might generate more traffic does not mean that a bad use should be approved today. The stretch of South Military Trail already experiences daily congestion, U-turn hazards, and stacking at neighborhood entrances. Adding any project that increases northbound U-turns at Tire Kingdom or pushes more vehicles into Conklin Drive creates predictable safety hazards. Increased neighborhood traffic. Uh the applicant claims that the zoning already allows intense uses, so traffic concerns are irrelevant. This statement misunderstands the role of a conditional use review. If the zoning code automatically permitted anything, we wouldn't be here tonight. The conditional use process exists specifically to allow the city to

consider compatibility, neighborhood character, safety, commulative impacts, and whether the use actually serves as a public need. Um, negative impact on property values. the property is already commercial. The applicant claims the property is already commercial and that the walls and landscaping exceeded code. The argument misses the point entirely. Property values are not impacted by zoning labels. They are impacted by real world conditions. A highintensity car wash with hundreds of daily vehicle movements, mechanical noise, vacuum bays, light poles, weekend peak activity unquestionably uh changes unquestionably changes the residential character for the homes adjacent to it. In conclusion, we are not opposing development. We are opposing the wrong type of development. A car wash is outdated, oversaturated, non-essential use. Cities nationwide are now limiting uh limiting or outright rejecting new car wash uh applications because they consume valuable commercial land while providing minimal uh community benefit.

Sir, if you could just wrap up your last few sentences, please. We urge the commission to deny this application and support development that uplifts not undermines our community. Thank you. Thank you. [applause] Okay, we're back on three.

Hi, I'm Barbara McCabe and I live at 33484 as well and I am also a u a resident of Sierra Vista. Uh and I would like to point out that for over two centuries, our Supreme Court has designated that the most fundamental property right is the quiet enjoyment of one's property. And this proposed car wash takes that right from my neighbors and from me. Um I um it severely limits our ability to travel as it currently stands and as it will stand because the Sierra Vista has been there for well over 20 years. The only way that we have to enter or exit our development is um by South Military Trail. So, we are essentially a neighborhood of U-turners and one of the places where we make that U-turn is at the intersection of Military and Cochland. Um and while this develop the proposed development will you know come in and out of Conkland u the only place that they can go from there is Military Trail which means that traffic at the few allowed nearby U-turn sites uh will be much thicker than it currently is um it's already pretty dangerous and there are

everybody who's traveled on Military Trail knows especially during the season things can get pretty hairy around there you know the boys which you know everybody loves the boys but it makes for crazy traffic and um people are coming and going and making some very exciting decisions at the last moment um in traffic, three lanes of which are going anywhere from, you know, 30 to 60 miles an hour. Um because I know we all observe the speed limits, but uh we also know that there are those who don't. Um, so car washes in order to be successful require a lot of traffic going in and out. That will ultimately come in and out onto military trail and it will negatively affect my neighborhood and our ability to enjoy our daily lives. Thank you for your kind attention.

Thank you. Good evening. My name is Mike Caruso. Um, my zip code is 33484. Uh, my wife and I have been residents of Delray since 1989. We own three properties on Conklin Drive, one of which is a horse farm. I don't know if any of you know, my wife, Nang, kicks off the St. Patrick's Day parade every year with the three miniatures from the horse farm. Uh, every St. Patrick's Day. um 40 weekends a year. We have to make three to four trips up to Wellington with our show horses. Each trip has four horses in a trailer. That's the most that we can travel with at one time. Um when we get to the corner of Conquer and Military, we're sitting there for several minutes waiting for the tra traffic to subside long enough so that we can make it across Military Trail. And I don't know if anybody's ever trailed horses before, but when you've got four monstrosities in the back and you step on the accelerator too quickly, they go flying. They step on each other, they step on themselves, they hurt themselves, and there goes the whole training episode out the window, bringing them to the show grounds. Um, in order to uh turn onto the northbound side of Military Trail, um, we need to wait for [snorts] not only the southbound traffic obviously to subside, but the northbound traffic, which is exasperated by the traffic that comes out of the boy's market, the traffic um, uh, cones that they put up right outside of the the boys market that prevent people from making a U-turn there, forces everybody to come up to Conklin to make a U-turn there. Several years ago, a good friend of mine was killed on that

corner um on his motorcycle from from a semi making a U-turn on that corner. Uh we went to the county and asked them to put a traffic light there, which they replied that they wouldn't be able to because it's going to back up all the traffic coming from that southbound side of Military Trail. So the uh the the situation there certainly does not lend itself to having a a business that's going to rely heavily on car after car after car. So, we're here just to ask the board to turn this down and wait for something better to come along to put on that corner. Thank you.

Thank you.

Good evening. My name is Ethel Dodson. I'm a resident of High Point One West and I want to apologize because I didn't come prepared with the very cute power uh presentation of my family and my children and my history of living here in the community because I had less than two weeks to know of notice to get prepared for this hearing. So, I don't really got to find glasses. really have a whole lot more to say than these people have already put forth, but I do want to say that certain points jumped out on me during this power presentation that we've all been um enjoying. And one of them is the point is that we are looking to avoid significant detriment to the community. And the other one is, does granting of this waiver align with goals that support superior pedestrian and residential environment and living conditions? And the other one was, oh, just 61 more cars going down Conlin Avenue. I can't wait for that to happen. So anyway, those are my points and I thank you for your time.

Thank you.

Good evening. Uh, my name is Natalie Van Deini. Um, 3348. I'm part of Sierra Vista. Um, I'm a fairly new resident, but what attracted us to this community is the quiet charm. Um, we have a lake in the back of our community with a lot of birds, wildlife. Um, I'm a bird, so I'm aware of all the birds that are there. And, um, I'm very concerned about the environmental impact a car wash will have, uh, on our water. Um, there's chemical runoffs uh, that could contaminate our lake through the storm uh, water drainage. Um, and um, that will impact the health of our lake and the wildlife that's that's sustained by it. We have uh river otterters, um turtles, uh raptors, American kestrel, great blue heron. I saw um red shoulder hawk today and osprey. They are I have pictures, videos. It's beautiful. We have a painted buntings, loggerhead shrikes. We have really everything. And this uh Lilo land really serve as a environmental buffer for the noise from uh military um the pollution um and also the wildlife that sustained by and nest there. Um so tonight I'd like to deny this application. My former neighbors already addressed the traffic which is also a concern. Um the noise birds are affected also by light and by noise. So that's also um not good. Um and I don't know how many more minutes I have. Um yeah, I would just like u to protect our community's natural water resources and the potential harm um to our lake ecosystem represents it's an unacceptable uh environmental risk in my

opinion. It also all of our drainage go to the ocean. We're a coastal town. We're village by the sea and I feel like we're losing all of our natural areas to development. And I know this is what it's for, but it's there's a reason this is u conditional is because it can have environmental impact. I I don't know. I heard that O'Reilly couldn't open because their drainage was going to go through our lake and we opposed it. I don't know if that's true, but I don't know how things have changed [clears throat] now and now the drainage is not an issue anymore. So, I don't know if you can respond to that, but um this is my concern today. So, yes, I I'm asking the board tonight to deny the application to require preservation to our neighborhood. Something that would fit in the neighborhood, something that would be good for the neighborhood. We don't need another car wash. There's many already. Um and yeah, explore alternative views for this property that's more compatible to the character of the neighborhood. Thank you so much.

Thank you. My name is Robert Berkeland and 33484 is my zip code and I was sworn in the uh my my per I live in High Point uh which is [snorts] adjacent to uh our communities to the north. Uh and I happen to have to go out every day. Uh, I have to go out lakefront and stare down two lanes of traffic coming at me from one from the boys and one from the post office. Then once they try to figure out where they're going, you know, I'm going. And now what happens when you go, let's say I'm going to the post office. I go to the post office. I come out. I decide I'm going to go up north a little safer and do a U-turn at Conklin. Well, Conklin is crazy with the traffic that's coming down military from Lake Ida, particularly at that, you know, during the daytime. Uh, someone said from 30 to 60 miles an hour. That's very that's very realistic. And there's people that are the people that doing 60 are causing problems for everybody. The people that are doing 30 are causing problems for everybody. And and we all don't get along. Yeah. Now, the reality is uh Lakefront and the Boys is probably uh I'm pretty sure I was told this is one of the highest accident locations in this part of town. All you can go out there, you can see all kinds of fragments from the cars and everything else that's there. up the road. I used to be at Via Del Rey and Military and they have a gas station and

a car wash and they have a traffic light right turn on red, but it didn't slow down the traffic and it didn't slow down the accidents. Lots of accidents. And so now I'm looking at this and and I'm seeing more cars. If you're going northbound on military, the only way you can get to this car wash is to make a U-turn on Conklin or make a left turn on Conklin. And now you got to navigate all the traffic coming at you before you can even get to Conklin. Speed up to get there. What happens if somebody's coming at a tire choice, entire kingdom or whatever? It's just a formula for a lot of risk. And it's one of those things that drives our wonderful car insurance high cuz fortunately, you know, we don't have more deaths, but we have a lot of car accidents and there's thousands and thousands of dollars of repair and that's getting passed along to all of us in our car insurance. and not to have a traffic light, not to have, you know, uh, to throw more cars into a dangerous spot going from across three lanes northbound, three lanes southbound is a risk. So, that's all I'd like to say on the subject, but I don't I don't think it the traffic study. I don't know, you know, whether that's available to us that we can see that because I I just find it hard to believe there's only 100 was what 168. Is that what is that what they said? Boy, I I think I count that by 9:00. All right. Thank you. Were you uh sworn in, sir?

I am. Thank you. Excuse me. I give these to you. I am.

Good afternoon. Jeff Over Street, Conklin Drive, Delray Beach, 33484. Mike, I did not realize the motorcyclist who was killed was a friend of yours. I'm very sorry to hear that. This is absolutely the wrong place for a car wash. The primary issues are health, safety, and especially traffic, as you've heard repeatedly. There are other issues as well. The plan fails to meet several requirements of city planning documents. Employment, an automatic car wash essentially run themselves with one, two, or even four people at certain times. That does nothing toward the goal of enhancing employment. odors and air pollution apparently not mentioned in the documents. The car wash itself is associated with chemicals and vapors, vehicles idling. They said three lanes of queuing vehicles idling essentially along the property line of the residences and the prevailing winds are from the east toward those residences. The dumpster area is at the southwest corner closest to all of the residences. is planned to be emptied during the business, I'm sorry, during overnight hours. Sanitation trucks are inherently loud, as is the banging of emptying of the dumpster. We're looking at 85 to 100 dB. No one should need to put up with that. Also, with the 17 1/2 ft tall light poles, the brightest lighting is overflowing onto the home right next to the west end of the property. Sleep is a critical issue not only for property enjoyment but also health and safety as well. The refu area and refuge handling are poorly filled out without consideration for the impact on the neighbors. The 19 high powered vacuums that is a lot. Traffic by far is the most significant impact exacerbating an

already challenging intersection, creating an avoidable, hazardous, life-threatening situation. The stated capacity of the car wash tunnel is one vehicle per minute. That's 60 vehicles an hour, 120 trips. Developer traffic projections are for up to 24 vehicles entering in a 15minute interval. That's 48 trips within a very short period of time onto a small residential street and through an already burdened intersection. The intersection at Conklin Drive as well as at Lakefront, which is immediately to the south, are already in need of revision to address traffic flow and safety issues. An extraordinary number of U-turns, both from the north and from the south, make this a very challenging intersection. one that the communities of Conkland Drive, 52nd Avenue South, and Sierra Vista must navigate regularly. There is no other option. It fails to meet a number of requirements. I've put them on page two of that handout. It does not meet the goal to enhance residential areas. Instead, it is quite detrimental. Noise, air pollution, odors, lighting, wellwater concerns, and worsening traffic issues. Given the problems and hazards that this will create, an automated car wash does not belong at this location and would be a bad idea. While I wish the developer well, this is not the place and the project should be denied. Thank you.

Thank you.

Good evening, ladies and gentlemen. I am the closest neighbor to the new project. So I will be highly impacted unfortunately it gets improved. I'm just behind the driveway. It's 5098 Conclan Drive. I represent the owner and I'm living there and uh since almost 5 years. So I just want to concur to all the speakers beforehand. I don't want to waste your time because it's lifealtering for me. Thank you very much. Thank you.

Hello. Um, my name is Lauren Richards 33484. I live in Sierra Vista. Uh, my home is one that would face the walls of the car wash directly uh from my front driveway. Um, right now I can actually hear the noise from the tire kingdom. Um, and that's a lot further away than this car wash will be. Um, and I know that there's legal decimals or whatever that this um, fits, but I know that this is going to damage our neighborhood um, and my value of life in my home uh, with the noise from this car wash, from um, all of those vacuum stations. Um, obviously everyone's brought up the traffic. Um, it's a huge concern. Uh, not too long ago, we had an accident right in front of the post office that was also a fatal accident. Um, and it just keeps getting worse. Um, there's just too much uh I think from the chemicals, from the pollution, from the noise that just would make this um pretty detrimental to our neighborhood. and I I strongly um ask for your consideration um for something less intrusive for us. Thank you.

Thank you.

Hi. Uh my name is Lynn Holtzman. Zip code is 33484. I live in Sierra Vista and it's this project would be right in my front yard really. I would I mean everything would be I it be I'd be faced with all of it with the noise with the the smells the um traffic the I mean it would just be it would be horrible. It would like people are saying it really would affect our our daily lives and to have this most of the day that we're going to be faced with this it would be it would really affect us very detrimentally. So, I would appreciate if you would um consider everything everybody said and and hopefully um deny this project. Thank you very much.

Thank you.

Hi, good evening. Uh my name is Eric Calagno. I live at 33484 zip code and I'm about four or five houses in on Conklin Drive there. Um I'm going to apologize ahead of time. This is my first time speaking at an event like this. So, if I stumble or have trouble getting a few things, you know, give me a little bit of a break. But, um, I've been lived here a shorter amount of time than most of my neighbors, about five, six years. Um, getting married soon. We're going to try and have some kids and, uh, we've already got a tire kingdom out at the front of the street. I don't want to see a car wash going in right across from it as well. Uh, the things that I'm concerned about with this is the traffic. like uh I'm going to echo and repeat for what a lot of uh people have already brought up, but um just tonight to leave Conklin to head north onto military to head over to Lake Ida, there was five cars that were waiting to make a U-turn. And I had to wait for all of them to make a U-turn to make sure nobody was turning down Conklin for me to get out to go ahead and head over to this meeting. A lot of you guys uh ladies and gentlemen said that you came by the site or you've looked at it online or even just driven by, but u I'm sure that you had a little encounter with just how many vehicles uh pass by on military, how many already go up and down Conklin and what it was like trying to leave there if you were heading north or south. It could get a little bit uh tricky and it gets even worse at night or early in the morning as you could imagine. [clears throat and cough] A few things that did stick out to me um as well as uh with the traffic study is there's one lane that's leaving the car wash complex. There's one that goes in and then it disperses into three lane payment system, but there's one that's leaving. Um when that when the people leave that uh area, they're going to make an immediate right and it looked

like a very small amount of area before you get over to military uh drive. So military a there. Um so that's going to create a backup not only on Conklin but for people that are going to be exiting um through the car wash. And that's just a more of a delay for people that are leaving either the residential area or the horse farm area. um to just get out and get on with their lives. As well as when you're entering Conklin for military um if that line were to ever back up onto Conklin and it might not be for a long time, just a few seconds delay, but a few seconds turn in a few minutes depending on how many cars are making that turn into the car wash complex. you know, that delays you getting home or that delays the garbage truck from going down the street or an ambulance or a fire truck or whatever other business or or family matters that have to be attended to. Uh it's just a small delay, but over time it becomes a nuisance and adds up could be a safety issue. Um like my neighbor brought up, that's going to be almost directly across from the car wash complex.

Just please wrap up your final comments, please. Yes. Uh the the well system is a big concern. We're on wells. A lot of chemicals are involved. If this does get passed, maybe there could be some type of testing uh quarterly or annually that happens. Um so I'm I'm against this proposal and I wish them well in their business endeavors, just not at the front of the street. Thank you for your time. Thank you,

Frank Galante. Uh high point uh 33484 85 I think maybe. But um I just have a couple of comments. One, uh I don't think a six-ft wall around a 20 foot tall building will stop the noise from emanating out into the community. That's one. So if you don't build a 25 foot wall around the entire perimeter of the car wash, you're going to hear the noise matter. That's number one. That's number two. That's number one. So number two, I understand you guys have are in a difficult position. They laid out a very beautiful plan, beautifification of a lot that's going to have a detrimental effect on the peace and tranquility of the people that live on Conklin and the surrounding community. Not only the traffic, the traffic's probably the worst cuz I have to make U-turns every time I go do something on military. And it's [clears throat] tough enough. And I'm pretty good. And look at the people in the audience. First of all, as far as the community is concerned and everything surrounding it, I don't think anybody's running out to go and do their own vacuuming after a car wash. I mean, [laughter] you laugh, but it's serious. Nobody's going to be running out to do this. This is not an environment for that type of thing, especially with four other car washes like within a mile. There's one right on jog that's full service and it's almost empty all the time I drive by it. the just because you can do something doesn't make it right now. Just because the land's available for commercial use, I'm sure nobody would be here tonight if it was just a residential I mean a commercial project. Like if it was just for retail or some kind of service for people medical buildings, there would be nobody here tonight. But a monstrosity like that that doesn't belong in between

this [clears throat] residential area. Now I heard rumors. I've been in Del Re for like 5 years now that the outlet mall on Atlantic was supposed to be a car wash. Now maybe you all of you know something about that but I heard that there was supposed to be a car wash on Atlantic like just west um like in the outlet mall where all those little businesses were and I think that failed for some particular reason. I don't know if it's the same company that wanted to buy it. I heard because of financial situation it didn't go through. I don't know if the same company is behind it but this just doesn't belong here and it's nothing against everybody. They did a terrific job. The attorney did a terrific job. The planet did a terrific job. Just doesn't belong in this community, especially in that location. That's all I got to say. Thanks.

Good evening, ladies and gentlemen of the board. I'm so pleased that you're Can you get your name? Oh, I'm sorry. I'm Marcy Weiss. I'm at 33484. I'm a resident of Sierra Vista.

And um I wanted to say I'm actually the president of the HOA there. Last week we had an HOA meeting and we had the most attendance that we've ever had of people coming to air their opposition to this car wash. And so I'm glad that we have such good representation because we were really only notified November the 4th um about this hearing. So we did not have a lot of time to prepare. Uh we have an attorney uh but she she could not be here tonight because it was such short notice. So, we pulled together as best we could and uh got the residents of Conklin and uh even High Point and asked them to come and air their opposition to this car wash. I've lived uh at Sierra Vista since 2004. I'm a proud resident of Delray Beach. I love it. [clears throat] Excuse me. But I also see that it's getting more and more congested here. There's more and more traffic. And when I leave for work each morning out of Sierra Vista, I have to turn right. uh to go to go ahead and make a U-turn because I go to West Palm Beach and I'll tell you it's getting more and more difficult. I have to wait for all of that traffic going south uh you know to be safe and so I'm very concerned about a car wash being there. Um, I heard somebody say, and I was going to mention it, that Tire Kingdom, I can hear, and I'm on the the um south side of Las Sedona, so I'm farther away, but I can hear Tire Kingdom, uh, their machinery when they, I guess, take on or put off uh the tires, and it's already very disturbing. The whole area, except for Tire Kingdom, is a residential area, and we've enjoyed it that way. It's been peaceful and quiet, except for Tire Kingdom, maybe, and we'd like to keep it that way. Um, we appreciate new business in the area. Del Rey needs to grow and it has grown, but this is an inappropriate use of that uh property

and it would really be a detriment to all of us in the area. Thank you so much for your consideration today. Have a good evening. Thank you.

Hello, non-gay Caruso 33484. Um, I don't really haven't heard enough about how really bad that intersection is. Um if if I'm daring enough to get out into the intersection in the middle, um now I cannot see because the people that are making the U-turns to go north are blocking the view. And the same thing going the opposite direction. It is just uh every time you drive through there, especially heading north, you are really it is uh quite uh difficult to navigate. Um, sometimes I even go uh south and just take the turnpike instead of going north. That's how long it takes to get out of there. And I can't imagine the people that live at Sierra Vista um having to make U-turns all the time to go home. It's And I love a car wash, but it's just a very bad bad area, dangerous area. Um, I know my daughter was just hit in a in a car accident there. Um, and uh, somebody else who works at the horse farm was just hit. Um, just very difficult. It looks like I guess when you're driving home and you don't have to navigate that corner, it looks just like another uh, intersection, but it's not. It is a very scary intersection and uh most people really don't care uh because they don't live there. And then the people that are leaving Tire Kingdom, they really don't care. They just pull out. They don't even look.

Now you're dealing with who's turning onto Conklin um heading south and now you're facing the person that's coming out. It It's quite a cluster. Thank you. Thank you. Is there anyone else? Seeing no one, public comments closed. Does the applicant or the staff have any rebuttal or cross-examination? Mr. Scott. Uh, thank you, Matthew Scott. For the record, we don't have any cross-examination, but we do have some rebuttal. Please.

Great. Uh first of all, thanks to everyone for coming. Really appreciate it. Uh we appreciate your feedback and we absolutely understand that this presents a change for your community. Um and that there are lots of concerns. We're respectful of that. Um and so that's part of why we spent so much time with uh the city's staff trying to modify the plans in a way to um exceed code in all respects and do as much as possible with this use to get ahead of potential impacts. And so I just want to talk a little bit about that. Um the way that conditional use applications work under the law is that it's a test. It's a test for an applicant to see if they can comply with the requirements established by a city's code. It is true. So one of the members of the public stated that some cities are are zoning them out or creating specific restrict restrictions for car washes. That is true. The city of Delray Beach can do that. they could come up with restrictions that would make it impossible to have a car wash in lo in this location. However, the city chose not to do that. Rather, the city chose to zone this site general commercial. And as the staff report states, a car wash is an anticipated use at this site. And so, that's a choice that is a legislative decision. And the city could have chosen otherwise. And so it's important I think and again respectfully to the neighbors that there's an understanding that zoning is also an invitation to the members of the community and the citizens of what can and cannot go in places. And so if I could pull up my presentation real quick. I just want to show something very quickly.

[clears throat] Um, I just want to comment that you do have three minutes for rebuttal, but if up to the board's discretion if they want to give you more. Okay. I think I went the wrong way. Okay.

And so before my client made the decision to put this property under contract and invest the substantial dollars in this application process, it's taken over a year. They researched the site and they first established that it is zoned for a car wash if we can pass the city's test. Something else my client did extensively was research the area. And as you can see from this screen, um something that we sort of take issue with staff's report that as you proceed Westland Conklin, it's a big residential divider. That's not in fact true. Our research suggests that there is a horse farm. I believe someone from the horse arm spoke and said how difficult it is to get out for their horse commercial activities. Similarly, there is not one but I believe two orchid commercial stores. There is a tire kingdom directly adjacent to it and then a gas station and public storage, post office, commercial uses throughout. And so there are existing conditions here that make it a very unique site, a very odd general commercial site. Um, but the fact that it was zoned in this way without additional restrictions that the city can place that they chose not to is something that we really encourage the board to keep in mind. Um, I also want to directly address someone's concern about the wells. That's a fair concern. Um, it is a requirement of an application like this that we have storage tanks on site and and that we treat all water before it can go in any way into any sort of sewer. And that's something that the city's engineer reviewed at length and said meet meets or exceeds code. And so I I get the concern. It's a fair one, but it's something that we went out of our way uh to address during the review process. I don't know if I have a lot of time. Is there something else you want to do? This is my client. Introduce yourself.

Um, is it okay if if they continue? Yeah, we'll just give the city the same amount if they

My name is Jeff Bosio. I am the proposed developer, owner, operator. I'm a fourth generation car washer. My family started in the car wash business in 1949. In my professional career spanning over the 23 years, I participated in the development of over 270 car wash projects throughout the country. There is no seepage of water in a leech field that could affect any wells or water table in this project. We have a designed trench that goes to sanitary sewer per your building codes. Um so I just from a factual perspective I just want to offer that information. Car washes uh and again my family owned and operated a manufacturing uh supply company. we we wouldn't couldn't be a pollutant and have this type of a a business. That that's just from a factual car wash industry perspective. I just wanted to lay that on the table. I too hear all the neighbors. I have participated in many projects that are in and around neighborhoods. When done responsibly, I promise we will be a positive contributing member. So, thank you for your time. I'm here. I'm here to take questions, here to talk to folks. I've reached out. I've sent a letter uh in accordance to your twoe zoning uh announcement. So, I'm not shying away from any of this. I'm right here to participate at any level you need me to.

Thank you, staff. Uh we would like to make uh clarification refer principle of current planning because the uh applicants attorney like just kind of repeatedly mentioned that the city anticipate this type of use in the site that clarification this is a conditional use approval. A conditional use approval. A conditional use is not permitted by right. It at it is at the board discretion after examining the uh analysis that staff provides to the LDR and after the applicant justification of why um this is appropriate based on the applicant points of view and also after hearing the community because an integral part of a conditional use is the notices that are sent and per the LDR it is required to be sent 10 days in advance and then this is this was sent November 4th. So staff followed the procedural requirement of the conditional use. So the neighborhood to voice their opinion. This is part of the examination of the conditional use. staff highlighted a list of consideration to the board to consider through the staff report and analysis and we have a brief uh slide of it and it is left for your discussion and thank you.

Great. Thank you. Time for board comments since Mr. Catz disappeared. Mr. Chard, would you like to start? Can I pass? You can. I'll I'll I'll uh do my best.

Um could um someone explain a little bit more about how the wastewater is going to be processed and the the volume of that that wastewater. and the concern that whatever container or trench it's in is not sufficient to keep it from leeching into their wellwater or their lake.

Okay, so the car wash bay is a concrete poured floor as is the trench. You have piping going into the trench. All the water and sediment leaves the trench, goes into underground reclaimed tanks, which are also concrete pre-cast, which then overflow to an oil water separator. Those tanks get serviced regularly through uh a pump and tank company, but we tie directly into your sewer, sanitary sewer. Storm sewer is xfiltration. That's its own connection to your storm sewer.

So that has nothing to do with the actual cleaning and washing process. The storm the storm sewer is is runoff from the um hard surface. Is that what you're saying? That's uh your uh asphalted area. Yeah. Outside the washbay. Has nothing to do with the wash bay. The washbay is a self-contained building and trench separate from sanitary or separate from storm sewer. Correct. Um, could we talk about the the noise a little bit? And I'm not sure who to address this to, but you're probably the I'm the guy

as a subject matter expert in our industry. I'm the guy. Um the the decibel level uh to the south didn't seem to be indicated on the drawing like where the tennis if you want to pull that up. That exhibit is going to show you that the sound doesn't spill over there. That's not how sound goes. It comes out the way the entrance end or exit end. It remember that wash bay is self-encclosed. So it can't go through block walls directly to the south or to the north. That's just not how sound travels. But but you are going to have noise both from the tunnel and also for the drying area. Right.

And that's what that depicts. Those waves are sound waves. And the further you get away from the property line, the less they are to the table up to the top hand corner is going to give you the decibel ratings uh per the manufacturer's you know specifications. So, and and that's both for the equipment in the tunnel and the equipment on the outside or you only talk about the outside both. They take into consideration everything. Okay. Correct. That's all public record part of the submittal process that we uh you know gave staff. They reviewed that 31 pages of sound study. So, it's all the equipment.

Um can we talk about the phototrics a little bit? Sure. I'm I'm not as strong there. But so my my question and and I assume on this one the red circles are the lights, correct? Right. Why do those have to be on the periphery of the property as police are going to tell you what they want is they want to light this site up to make sure that there are not people encamped on your property. So, they're going to want to make sure your sight triangles are illuminated for clear traffic as part of staff's, you know, procedures as they go through the lighting plan.

So, uh I think the police call that SEPTED uh is their their review. Did they do a review of this plan? My understanding. Um yes, Sept is part of the uh technical advisory committee and they reviewed the plan. Yeah. And and does that include the height of the poles? Those poles seem to be 17 and 1/2 ft, I think. Yeah, that's that's correct. The height of the poles are within the LDR requirement. So staff um the photometric is meeting the requirement. Correct. All right. And do those lights stay on all night?

Yes. That's what police are going to tell you that they want you to do. They don't want a site that goes dim at a certain point. You're going to create, you know, a bees to honey situation where you're going to have people camped out there. In a a somewhat similar situation with um automobile dealerships, rather than lights after a certain hour, they use uh noise detectors uh so that you don't have to have the the lights after whatever hour. And [clears throat] I as far as I know the police supported that

and so if that were a condition that would be something that we would consider as well. The lighting was I mean as you can see from the phototric plan we don't exceed code anywhere on property lines but if that were a condition that's something we would work happy to be work work with staff on. And just a little bit on on traffic. Uh the I think the number per day uh probably not counting Saturday and Sunday is uh 166. I heard the amount of the traffic. That's right. I'm having the traffic engineer come up here. Oh my god. Can you state your name, please?

Good evening. My name is Andrea Troutman with Pender Troutman Consulting and the zip code is 33458. And yes, it's a county established trip generation rate and it's 166 daily trips for a a one tunnel car wash. So, can you tell me how much traffic is on Conklin today and what increase that a percent increase that would be?

We did not as part of our study count drive. The county did not require it because our study was considered insignificant. So, I do not have that number. But our traffic is considered insignificant from a county standpoint with 12 a.m. peak hour trips and 14 pm peak hour trips. So I do not have that answer for you. And I was looking on the county's website while while the meeting was going on to see if they had any count data and they did not have any count data for Conklin Drive.

You can see my my thought here which is if it's a 1% increase that's one thing. If it's a 50% increase, that's a totally different thing. Given the number of houses and the horse um farm that was discussed and the tire kingdom, I would think it's greater than a 1% impact, but I do not believe it would be a 50% impact, but I I do not have any information, okay, on the traffic on concrete. And my my last question on traffic is uh stacking is is that part of your the Tropman study also?

Yes. The city requested us to do a detailed queueing analysis and we looked at the processing times for both the retail and the member lanes and we looked at a peak hour peak of the what they call peak of the generator which we looked at a Saturday peak of the generator and we assumed for a conservative perspective that all even though it was an hourly volume that it all ca we assume let's say they all come in at in 15 minutes in a worst case scenario. There still was not any queue more than what is being provided.

So on could we see the site plan for just a second and then I'll I'll stop. So I'm not a traffic engineer. There are, I believe, two, at least two possible queuing areas, maybe three. One, of course, is coming into the the the three pay stations. And I think you've answered that one. You you don't see any possibility of that queue extending out onto Conklin.

Correct. We established the queue for both the retail and the member lanes and they have more than the 100 foot queue that is required of the city and we determine that the queue is not going to exceed what they are providing. Okay. And then I can see a queueing possibility at the end of the tunnel as the cars are making their decision either to how to get back onto the street or whether they're going to go into one of those little bays. Is that that was not because you've got three you've got three lanes going to one.

That was not something that we addressed. We were addressing would we have an impact on Conklin. If there is a queuing issue there that's going to be internal to the site and not have an impact on the adjacent roadway network. Okay. All right. Thank you. Okay. Mr. Catz, we get your chance now. Huh? Yeah, we can. Mr. Pat. [clears throat]

Oh, sure. Um, thank you for your your presentations and thank you for your your comments. Um, I had a couple questions of the um of the applicant when the sound testings were done. Did they have all um 19 bays operating, the vacuums operating at the same time?

Correct. That's per the report. So they take our site plan in. They have all the manufacturer spec. They've gone to sites that are operating the equipment. They put the microphone right up to it. Enter the data into the sound plan software and then take in the site plan as we have it laid out and then the software generates the sound waves and gives the readings. The sound company also came and and actually took readings on military in all those locations. That's also part of the report. Yeah, that I can figure that one out. Um it just it just it would seem to me it would make sense that if all 19 are going, it would make no more noise than if just one were going.

So it's a central vacuum, very different than individual vacuums. Central vacuum is enclosed in an 8 by8 what looks like a dumpster enclosure. And so then you just got a trunk line and you got drops. You got one going, you got 19 going. It's all enclosed in there. Correct. the um I don't think any of us are hydraologists or sound engineers or traffic engineers um but the uh hold on just a sec through the wonderful world of AIDS idling excuse me what about cars idling I can just limit comments from the public please and just

public comments closed

this is um this I think will be the the sound of 60 dB, which if that were going off right next to my my my backyard, I don't I think it would bother me. And the other thing that bothers me is the I went by the um what's it called? The um the rubber dub, which is a car wash, may not be technically as as advanced as as you you say yours is. What got me was the cadence of the noise. It wasn't just like, you know, it's like um leaf blowers. I can sort of see a constant leaf blower noise, but when they're going on and off and on and off and on and off, that drives me nuts and and I'm just I'm concerned about that cadence because it was loud and and if I lived behind the rubber dub, which isn't a comparable situation, but I would I would lose my quality of life really.

So So I'm with you and Rubadub is a location that I've equipped. I mean andor the tires plus took no consideration to the neighbors by building walls or buffering or sound mitigation strategies that would not be in today's best practices. You know 20 30 years ago maybe right

but today's day and age you have to be responsible to the level at which staff is going to require the 60 dB. And so we in our industry, we know this. We've done these projects. We understand how to mitigate sound. And so we incorporate these strategies. You know, I I can't fudge like a certified report. I I have to show them what I've got and what I'm procuring. They enter in the data. They give it back to me. We worked on this way ahead of time to make sure this was going to be in compliance.

And the question for the city, did anybody in the city ever think to to reszone that parcel of land? It just seems like it if somebody came in and tried to zone it a commercial, you you'd say it's spot zoning. You can't do it.

Sorry. Um Alexis Rosenberg, senior planner. I also helped work on the project. Um when we were looking at the history, it looked like it was reszoned to general commercial. I believe it was back in 2020 because the O'Reilly Auto Parts wanted to come in. So it was previously zoned sad because a special use wanted to come in. So since then it has not been looked at for a city initiated reszoning. Um nor has an applicant come in to reszone it. So the answer we haven't that hasn't been looked at yet.

Then um so like I [clears throat] said I'm concerned about the cadence noises. Uh I wish the phases were in a different line of work, but that's not for me to say now. Um another concern is the is is the hours of 7 to9 um uh seven days a week. I that doesn't give anybody a break from um from traffic. It doesn't give anybody a break from uh uh noise. It's and and then the other concern was the uh the uh the refuge pickups at night. I mean I I don't know that I mean you can sign up for at night I I suspect but who knows what time waste management comes to to pick up their stuff and that is a pretty loud bang

and anytime you want. I mean you could do after hours. I mean we'd prefer it not to be during operating hours but you know we could do it at 7 o'clock in the morning. I mean, we we we had we worked with Waste Management as part of the process. They gave us a letter and said, "What do you want it to say? You want to do after hours? You want to do during hours? You tell us what you want."

And then I'm concerned about the if if they do do it after hours. And my other final point, I think I don't think that the um I was going to offer kind of a split the baby compromise to to to get the applicant and the residents together to see if they could um ameliate any the concerns. Um but I think there's there's opposition to simply just having a um a a car wash there. Um so I think that's all the questions I have for now. Thank you. Okay, Mr. Strong. We're not going back to cash. No, we got to leave here for last or next [laughter] to last.

Well, that clean up. This saves me less questions I can that you guys ask.

Okay, this is a tough one. Uh we had a situation similar to this a couple of months ago when we were uh talking about the the residential uh development over on federal highway. Can't hear you.

I'm sorry. the on federal highway and you know I had to go back to the charge that we were given at the beginning of the meeting uh where our goal or our charge is to uh base our decision not on our personal feelings but based on whether or not it meets the required uh the odds or the regulations or the the applicable rule of policy. And when I look at it in that sense, you know, it appears that the applicant had gone above and beyond in certain areas that came kind of close with the noise, especially when we're talking about uh I think it was 5B uh as well as uh area 9B. And you know, I applaud them for that because you didn't have to go up above uh just meet the minimum requirements. So, here's where I grapple with this because I hear the concerns of the community and initially my my thought process was okay, I hear you all. I've read through all of the uh documents that you sent. Um, but we still have our charge, right? And uh you know, as somebody in the legal field, I'm steadfast with the rules, with the law. [cough] Uh, and you got to stay within the confines, but I appreciate staff because you said something very relevant in your uh I don't know if it was your rebuttal, but you indicated, look, this is conditional use. I'm looking at and from what I'm hearing from staff, conditional use is, I guess, the exception to the rule. And if I am I quoting if I'm quoting you uh correctly if the applicant meets the we look at whether or not the applicant meets the

requirements uh and but however there's still subject to the discretion of the board and that discretion then takes us outside of whether or not these requirements are met. Am I correct in that assessment? Um um yes um sure that's correct. So that's categorically incorrect. That's categorically what the law says. Just a second. He wasn't asking.

Can you give me just an opportunity? Conditional use is at the board discretion. So there are findings. So if the board find that the two findings uh the two main findings are met that means that you can approve it. Also the board can impose additional conditions that you may see if you are leaning for example let's say for example you're leaning towards approval of this. So that means you may wish to consider additional conditions regarding hours of operation uh monitoring of the equipment um additional buffering um things about the noise or the lighting. So that's also within the perview of the board to impose if you are going to proceed with some sort of conditional approval. But again it's not permitted by right and the community also are part of this process. This is part of the quasi judicial hearing for a conditional use.

Can I just add uh to what he said? The two main findings that he referenced is are you able to make a finding that what is presented won't be uh significantly detrimental to the stability of the neighborhood and won't hinder redevelopment in addition to all the other all LDRs that they presented today. Right. Okay. So, those are our requirements. Correct. Regardless of what our personal feelings are about it. Correct. Always. Okay. That's all right. cuz I I wasn't sure if the conditional use took us outside of that. So I wanted to make sure

I mean so I would say like the conditional use requirements it's like a multifactor approach right because you are considering uh your main consider no I mean yes your main consideration is you know what is being presented today won't significantly impact uh the detriment to the detrimental state of the stability of the neighborhood. So you have to take in multiple factors into consideration and that's why he's saying you can place you know additional conditions um and it's not permitted right. I got you. Okay. Can can I just comment on that since we're talking about the law. If you would want please go ahead. Well I just think it's really important right because we made this application we paid the fees. We went through this process and so we'd hope that we come here tonight and the correct law be applied to our application. Mhm.

It's why I started the hearing off with reading from a reported case where an applicant for a conditional use sued a county or a city because they were not given the proper procedure. And so I'll just read it again. Oh, I'm sorry. Before you read it, just can you give me that site? Yes, absolutely. It is uh 315 Southern Second 478. It's from the 4th DCA.

Okay. [clears throat] Thanks. And so, um, sorry, I don't know this gentleman's name, but he has his commentary on on what the review process is. What the law says is applications like this for a conditional or special exception type use are a permitted use to which the applicant is entitled entitled unless the zoning authority determines according to the standards of the zoning code that such use would adversely affect the public welfare. This exact same case goes on to talk about community participation because it is important. We want to hear from the neighbors. But this case says it's not to pull them. It's not to take a poll on whether it's popular, right? We don't do uh you know legislation and governance by applause meter. It's rather for them to present competent and substantial evidence that we don't meet a code requirement. Okay?

And so this use can be unpopular. You can all hate it. The whole room can hate it. But the question is whether we've checked the boxes that your city decided to lay out for us. And the staff report makes clear that we [clears throat] did. There is nothing in the staff report that speaks to any code requirements we do not meet. And so I apologize if if this feels adversarial, but there's a lot that we've invested in this process. And so we're asking that that the proper standards be applied that it not just be sort of going, you know, uh from the cuff here on on We need to ask what the neighbors think. We need their input for evidence related to the application and it's really important. Um, can I get the full site? All I got was 315 southern second

478. Uh, 4878 478 4th DCA 1975. I'll send it to you as well on the rule New Town, right? Rule New Town. Yes.

Yes. Okay. Chair if you allow me like the last thing I will say here is staff do not uh provide perceptions or opinion. Staff provide the facts from the LDR and on the screen is the LDR definition of a conditional use that would not be appropriate generally or without restriction. So this is the LDR. So we don't have opinions here or rebuttal with the applicant. So that's the code. But just to be clear, I read from the staff report that it said the use is an anticipated use in the zoning district. I quote from the staff report and you rebuted me by saying that wasn't contemplated. I I quoted the staff report. This is this is the point here. We have rights for this application. Even if we hate the use, we checked we we jumped through every single hoop that staff required along the way. We did everything that was required of us. And so we're asking for a fair shake in this review. Again, even if we all hate it. Even if we all hate it. That's the idea. Thank you. I appreciate it. I'm done. Okay.

Okay. Ma,

um the the biggest concern I have is I know there was a traffic study done, but the safety like when I visited the site, I took my life in my own hands by taking that left on onto Conkland cuz traffic's like crazy like that. And I appreciate what the the neighbors are saying about the safety. And also, when you leave, boys, you can't go the other way unless you use that street to do a U-turn. Now, something's going to be in that property. Something's going to be in that property. And and that whatever it is is going to have ingress and egress off Conkland. Conklin, is that how it's pronounced? So, I don't know. It feels like there has to be a light for I mean otherwise it's a safety issue. A couple years ago in West Palm Beach on Southern and Olive, Mint Echo Car Wash in uh West Palm Beach had such backup traffic that they had to buy the duplex right next door in order to get the cars off the road. I'm just I'm just concerned about the safety of uh of the traffic flow. That's my own thing. And it was kind of and I know that any other thing can go in um in uh in this zoning but this is a conditional use for a reason. So we can weigh that.

So correct. Thank you. I just if I could comment on the if the board allows Excuse me. Excuse me just a second. I know public comment is is closed. Correct. Public comment is closed. Thank you. Just site a a land development uh no regulation to the public comment is closed, sir. I'm sorry. Then he should be closed. He's not the public. He's the applicant. Our lawyer wasn't here. [clears throat] Continue. Are you finished? I can say more, but No. No. Yeah, but please don't. Who's next?

Mr. Co. Well, I think he wanted to respond. Did you want to Oh, sorry. You wanted Oh, I just wanted to comment on the Men Eco Car Wash. We're familiar with that site. It's a great example. They purchased the other the duplex to provide for more queuing because that site was a half acre or less. This site is a little bit under one full acre. And so, there's a difference there. I just wanted to comment on that that we're familiar with it. That's part of why they purchased that was was to address that issue because it was so small to begin with where the car wash was. I just wanted to address that. That's all. Roger.

Thank you very much. Um, taking an architectural uh site planning look at things. Uh, may I ask if any of the existing trees on the site and I fairly compelled by the young lady who stood up and talked about the wildlife and so on and so forth, but and and it there was a pine the slash pine Mr. uh uh got stuck up above everything else. Yeah, above everything, you know. So huge.

I'm hoping the answer is yes. But I'm asking if any of the existing and I read I scanned the arburous report. Couldn't answer it myself. Are any of the trees being saved? Unfortunately, no. The unfortunately no. Not one.

My name is Rob Dinsmore for the record with Urban Design Studio 33401. Um, unfortunately this the site itself while fully vegetated is majority Brazilian pepper Australian pine. You're right. There are some existing slash pines on site that are substantial in height. Unfortunately, the way they're laid out on the site, slash pines are not a species that can be relocated. They're tough to preserve. Their root systems are very susceptible to impact of um any sort of construction activity, compaction, grading. Unfortunately, they they cannot be preserved where they are. Um, I guess architecturally speaking, uh, and and with respect to, uh, sound, um, they're putting an 8 foot high wall along the entire, uh, property line that separates them from the tennis courts and the the homes to that immediate backside, which are basically two two folks. Is there any way that we can uh is it is it 8 foot tall wall or 10 10 8 foot tall?

Sorry. 8 foot. I corrected myself. 8 foot. And I know in other cases uh not necessarily uh this evening, but we've increased those walls to 10 ft in maybe a few cases. Uh, and I'm wondering if uh, you know, two feet would help a certain amount. You know, it's it's better than an 8ft tall wall. I would just throw out the possibility that we uh seek or offer that as as a a mitigation uh in the positive direction for some sound. Um, and then uh maybe leave that if you want to comment on it, Mitch. Maybe I would love some feedback on that. Um and then and then I uh maybe Bradley can answer this. Uh the and and Price when you talked about the uh the servicing of the dumpster, uh who whoever services it and whenever they service it, I think they have to back out or rotate and then drive out the drive in which they came in. So, they can't go through the tunnel obviously. Uh, so I I'm

there's a maneuvering. I'm wondering [clears throat] what Bradley why the deadend parking uh it comes within five or six feet of the entry drive to the tunnel. Did you guys ever study that being connected so that there's, you know, an interconnectivity there? A and would that make the the flow within the site a little bit better or does it compromise the operation of of the business over and over and over again? Yes, we did it. We did studied it over and over.

It it's um it's an adage that people that that have worked with me know that I say all the time. There's never a good place for the dumpster. And we we went through multiple girrations and locations. uh whether it was a uh a staff circulation uh concern or if it was a u security when you open up that south end it opens up for people just to be able to come in and and use the vacuums and and so there's a business part of it too but uh part of our response and the city had the same concern as you did Mr. cope with with the with the turning around and we provided a maneuvering uh exhibit to show how the truck can can make that maneuver as part of the file.

I suspected that but I wanted to ask that. Sure. Um one one thing on your comment about the wall and I I'm I'm want to check with staff and I don't know if staff is prepared for this either with going to 10 feet. I I was thinking I know in some places once you get over a certain height for a wall then it becomes a structure and the structure then needs to meet the setbacks and I I was something in my head is saying that 8 ft was as high as we could go there. I if if not then

uh yeah just to clarify so the maximum height allowance for walls in the LDR is 8 ft. Um, so exceeding anything higher than eight feet would likely require a relief in the form of a variance or a waiver. One more thing about it, you can see on on the the plan there, uh, so the the the yellow building, the the northern twothirds of it where it says one-story car wash, that's the tunnel. That's where the noise is. the the southern part of it is office space, storage, mechanical, all enclosed. So that in itself is going to help uh buffer that that noise.

Heightening of the wall could, you know, you could also mitigate it by doubling up the trees where wherever the concentrated noise level might be, which I would assume would be the west end of the tunnel. But I mean your studies prove that the decibel level is is is meets the intent of the code.

Yeah, we're we're working on off of the the city's PowerPoint, but within ours on once the time triggered it was scrambled to get it in. One of the things that as part of the the uh the slash pine situation is we're we're mitigating I think it's like 164 DBH of of trees as part of this plan. It's pretty [snorts] pretty thick already. Um you know I would defer to Rob uh to but once you start clustering them too close they don't survive either. Just thought I'd try to save that one tree. Um the left

Could I add Roger that tree is looks like it's right on the property line. It's and I I can't I can't figure out where it is. Yeah. Well, when when you go by this gentleman's house over there, it's it's looks like it's partly on his property. And I I would think that there could be some design initiative here that could at least save that one. Uh do you have a specific tree number that you were looking at? Because [laughter] there are um 11 trees in in 18 palms that exist today.

It's probably 288 or 290 maybe 291. Substantially taller than Yes.

Yeah. So unfortunately 288 and 290 they they fall within that that incoming drive aisle and so it would it would severely impact the the function of the of the property and narrowing that would cause problems with stacking. Yes sir.

Okay. architecturally. The last thing uh or two last things. Um the Brandon, I'll address this to you. Uh the the storefront system, the little storefront system that is that is facing uh military has a pedestrian door in it and and maybe staff can put the elevation up of of the uh west elevation.

Yes. So, yeah. Uh, so the far the upper right, the storefront that's that's, uh, to the right in that image, you know, it it's super tall and I'm assuming it's trying to, you know, flush out with the overhead garage door and and so on and so forth. Uh, and it goes into what I'm assuming is kind of like a foyer, an office. And then if you jump to the north elevation where the B you've got the bubble around the you did a revision apparently at some point of the pedestrian door coming out of that same space.

My my minor criticism is that that doorfront height is is not similar to to the to its counterpart which is on the front facade facing military. and and so within that same space they see there seems to be like a disparity. Those two should probably be the same, you know, with the with in every way, shape or form, including the height. I I think is that door going to stay on the main door for the safety plan for the fire? Does that make any sense? Different scales as well.

Yeah. Yeah, if you look at the top right, the height is is okay. I I think it's I I would have to look at the the architectural and you know, I'm not an architect. Uh but but I think the scale of those those exhibits are to to fit the one that that's the the whole north frontage. I think it's right. I'd like I'd like to say it's all it is at the same scale. because you got the you've got the the pedestrian door and then the glazing above it. If it's not at the same height, would you promise me that you make it the same height? Sure. Yeah.

I mean, so we're not designing from the de here. [laughter] We would never do My only that's so so the compliment that I want to extend is the is the the uh the the canopy uh where all the vacuums are is probably the most incredibly cool looking thing. Yeah. On the site. Very very organic, very cool. Uh flies across the entire north facade facing Conklin. Uh is extremely interesting. I hope it's as as interesting in real life as it is on paper. Uh, and so I just wanted to compliment everybody on that and and the architecture in general is great. So the bigger issues are obvious. Yeah, it's real cool if you don't

Okay, we're back to you. I'm ready. Um, cool. So I if I can please limit. No, no more comments. Public comment is closed, please.

So I'll start off by saying first of all, I have some concerns. I do have some questions. I also want to let the public know I feel your frustration as a public. The way the process works, it's just the way the process works. I've been on the other side as a resident for almost 20 years when I was not on the board or on the commission. Having to sit there and feel frustrated that you can't speak, but it is the way it is. It's the way our government is. They appoint our city commissioners appointed, you know, this board, seven of us, to ask the right questions. And that's our job. We're charged with asking those questions to the staff, to the applicant, you know, and kind of sometimes we feel that we can feel that energy and ask those questions. So, I get the frustration. Um, but hopefully we're an answer asking some of these questions that you're thinking and wanting wanting to ask. If not, apologize, but we just we can only do so much. Um my question is about s my biggest concern and it comes to we have to decide this conditional use is based on the detriment of the community and the only factor the noise I get and trust me I live my house abunds military trail a mile up the road. Um I hear the traffic on military at all hours of night. Um so I I get the noise. My concern is the safety aspect of it and the trips. Um, I've had to teach two teenage two teenagers that are now almost not teenagers um to drive in that area with the boys and and everything there. And let me tell you what, as a parent, that's not an easy place to teach a child how to drive because of the conditions. So, the question is, will this hinder make it even even worse? Um, I know there was somebody a resident brought up, but I don't know when it was done last, a warrant study for a traffic light there. With the amount of U-turns coming out of the boys, hopefully whether this project is

approved here tonight or not, that a warrant study is done. Um, and so people know is no, nobody can just put up a light. I mentioned this in the last why isn't there a light on federal yet where the the other project was is they have to do a warrant study before they can put a stop sign up, a light, anything like that. And but I think conditions have probably changed since the last time it was done. Hopefully the city can no matter what happens here can ask the uh county to do a warrant study there to to see if that's necessary after what we heard today about those U-turns. And it makes sense because I leave the boys and I don't go too often because I I I I like my life. [laughter] But when I do leave the boys um you know I get to go north. I don't have to make that U-turn. Um, but I I do see I mean I see so many people they come out of the boys and they think they can go through those cones or they literally will just sit in the middle of military trail and stop which happens more often than not. It is a mess there. Um, so I think a light is is no matter what here is important. Now if the light was already there that might have helped with the safety and we kind of know better how that works. if the light can even handle the U-turns because if a light can't handle the U-turns, you certainly can't handle it. When I went to do the site visit, I made that like I came I was coming home from the airport with my son. So, I decided it was Saturday morning. Let me take a look. And I made that left and it I actually thought to myself, do I really want to make this left here? Because it is not very safe at the moment. Um I have a question for Mr. um Fazio. the the trips and I know you're not the engineer to do the number here, but it says

the max is 166 trips, right? Yeah. Does 166 car washes a day make you profitable uh with what we're charging? Yeah. I mean, there's memberships that are going for $39.99 and the So, is that is that my question just an honest question? Is that a realistic number? Because I I feel like it's going to you need that number to be higher than that 166. Am I am I wrong? I mean I you're asking me a question if my business I mean you run you know these you know better than anybody in this room that's for sure. Do you really expect only 166 people a day or do you really are hoping for two or 300 people to come a day?

I again what I'm hoping for versus what the counties how they do their numbers. You know what I mean? It's like so and again I have not owned and operated in Palm Beach County and it's a different model. It's a more expensive model. There's memberships and a membership cost. So it it's a I just don't know. Okay. I appreciate that. If I had data to offer you, I would offer that. But I I mean the only comparable that I've been able to go observe and I did after I met with the your um staff or the not staff but the the um attorneys was go take another look at the car wash on military sorry Lions in Atlantic. I think it's the closest it's a L car wash

and I think it's the closest in the area of that design. And I will tell you that there's a lot of tra a lot I mean a lot of cars going in. Obviously there's a little bit more development out there than than all military but it's it's a lot of cars. Um I really have a lot of concerns with the traffic just as far as the the safety aspect for that community. Um I think you've done a decent job in mitigating the noise. I would like I'm not sure about I think you brought up the hours like 900 p.m. who's getting a car wash at 9:00 at night. Um you know I think if it is passed I'd like to see the hours reduced as a condition.

So can can I offer a compromise uh in the winter 8:00 daylight savings to nine o'clock. So that's I mean that's just up to the board right now. Like I said okay. Well, I'm I'm putting that on the table.

Okay. Um, yeah, that's that's a lot of the questions I had. That's why I wanted to go last have been been asked. Um, I don't have concern with the architecture. I think it I actually appreciate that the colors like that you compared to again that other car wash I saw, it's like, you know, it's bright and ugly and you know, you would never want it in a neighborhood. this at least your colors are better. I just have a hard time overcoming that the traffic will not be a detrimental effect upon the stability of the neighborhood.

Talk about traffic a little. It's important to your concern. I I think I've heard it. I mean, I don't think you're going to change. Fair enough. I I just don't I can't That's fine. Let's see what he the chair maybe asked some other questions, but you can let him address it. I don't care.

I just I haven't heard anything to overcome it. Yeah, it's my turn. Um, I think the applicants done a really good job. I think it's a really good plan for a car wash. I think the architecture is good. The flow's good. The stacking's good. All that stuff, but it's noisy. There's light overflow. And there's traffic. And I'm looking at the comprehensive plan NDC. No, sorry. Uh 2.3 Western neighborhoods protect and enhance the residential neighborhoods located west of I95. Use the de use the development review process to determine that development redevelopment adaptive reuse is consistent with and complimentary to adjacent development regardless of implementing zoning designations for each land use designation. In other words, what the comprehensive plan says to me is it's got to be compatible with the surrounding neighborhoods and that's why it's a conditional use and it's a really tough decision. Like I said, it's a really nice plan, but I don't think it's complimentary with the with the surrounding neighborhoods. AND so that's my position. Now we're at a point now.

Can I make one clarifying comment? I mean, I'm I just want to make sure that we're all on the same page because there was some confusion earlier and there was some back and forth with the applicant's attorney, but we are applying our LDRs as they've been presented today. And LDR says that it has to follow the comprehensive plan. Correct. And I'm saying it does not follow the comprehensive plan. Sure. I'm I'm just referring to the conditional use findings specifically um that there was some debate about. So I just want to make sure everyone's if I can find those. I wasn't making a comment. You can put those up on the they're on the I just can I I want to go LDR items

compatibility with surrounding land uses separation and buffering from residential uses noise control and operational impacts lighting and visual intrusion. All those things are listed. Yeah, Mr. I wasn't making a comment. True. Yes. I wasn't making a comment on your comment. I was just making a comment that we were applying the LDRs as they were on the PowerPoint. Absolutely. I'm I'm gonna I I feel bad about it. I You want to answer that question about the trap? My concern. I'll give you that time if you'd like. You want the trap? When I said no, [laughter] this way before I make my motion, you I've given you every chance to rebut my opinion.

What I wanted to talk about was a safety improvement at that intersection. It most likely will not meet warrants. The warrants are typically based on the left turns out and it would have to be approximately 70 left turns per hour for 8 hours. So they would not look at the U-turns there at all.

The county would look at crash data because that is an important factor. So that isn't a factor, but the volume of U-turns is not typically one that the county looks at as well as the left turns into a site. But I wanted to talk about an alternate improvement would be to restrict that median opening to put a diverter in there so that you cannot make a left out on Conklin. That would then require the Conklin people all to make U-turns like the Sierra people, right? But they would have to go north. You're saying they would have to go south to make they would have to go south to Where are they going to make a U-turn with the boys there?

At they at the signal. The boys are the boys are south of the signal. So that that is a safety improvement that could be done at that median opening. We just wanted to throw that let you know that that's an option, but a signal warrant study could be done. Also, I think we're going to solve the I'm going to Can I make a motion? I'm Yeah, you

I'm going to make Please make a motion. I make a motion to deny a level four site plan application and architect architectural elevations and landscape plan including a conditional use resolution number 210-25 to allow a 4,27 foot automatic car wash at 14145 South Military Trail by finding that the request and approval there is not consistent with the comprehensive plan and does not meet the criteria set forth in the land development regulations. Do we have a second? I'll second. Okay. We have a motion to deny by Mr. Katz, seconded by Mr. Patton. And Miss Miller, would you call the role, please? So, yes to deny.

So, yes is to deny or yeses to deny. Yeses to deny. Jim Chard, yes. Mitch Katz, yes. Dron Strong, no. Roger Cope. Uh, no. I'm in favor of it. Price Patton. [clears throat] Wait, I can't. Yeah, he said no. He's in favor of the project. Roger voted no on the denial. Mr. Patton, yes. Judy Malikica, yes. Gregory Snder, yes. The motion to deny passes 5 to2.

5 to2. That's a tough one. I actually want to start my first tour. Yeah. At this point, we're we'll take a five minute break. Five minute break.

[laughter] I'm going to take a five minute recess really. I'll tell you what I told. I first just make sense. I like what they're doing. I wish they did a different spot. Yeah. Thank you for understanding. It is I kept going back and forth through the whole thing.

Okay, that meeting is resumed. If you'd read the next item 8 C into the record, please. Yes, I would like to enter file number PZ14 and 15-2025 into the record. The request is for a level four site plan application for Fifth Third Bank and the applicant is here today to present. Thank you. Exparte. I thought I thought I would go out and try to find one of those just to see what one of them is. I couldn't find one. Okay. [laughter]

Okay. Mala. Thanks. I spoke with Mr. Scott. I uh I went by the site. Okay. I went by the site. I went by the site and I did talk to Mr. Scott, but not about this issue. Um I did speak to Mr. Scott about the issue and I did go by the site and there is one of the banks like that that I looked at as well. That's right near the site. Right now, near the last site we just talked about. Oh. Oh, yeah. All right. Okay. Thank you. All right, Mr. Scott, you're back on.

How you doing? Good, good evening, chair, members of the board. My name is Matthew Scott, uh, zip code of 33446. I'm here on behalf of Fifth Third Bank. Uh, I want to call up the architect though that's going to be leading the presentation. I'm sorry, I just want to make sure you were sworn in because that was so long ago now. Um, Mr. the architect, I was sworn in. Okay, just uh, good evening. My name is Tim Loen. I am with BDG Architects and my zip code is 28202. Um, so as you mentioned, we're here on behalf of Fifth Third Bank to present uh this proposed new branch bank on South Federal Highway. And do I have the clicker?

Okay. Um, okay. So, the agenda basically is to talk about the purpose while we're here. There's some background information and data about the site. um make it clear what the waiver request is and then we'll go into a bit of the architecture and site characteristics of the project. Wh Okay. So, we're here on behalf of the bank um asking to construct a one-story standalone branch bank which includes a drive-thru with an associated waiver to reduce the minimum floor area from 6,000 square ft uh to a little over 2500 square ft. Um, as I mentioned on South Federal Highway, the property is 087 acres. Its current land use designation is general commercial and the zoning district is planned commercial. The existing uh use there's a a vacant um drive-through restaurant on the property. And so we're proposing a financial, excuse me, a financial institution with the drive-thru. Um here's a site highlighted in green. Um, as mentioned, you can see South Federal Highway and Linton Boulevard. Um, one of the nuances of the site that you'll see um, under our proposed site is, uh, the cut through that, um, occurs kind of at the the right side of the green oval. Um, actually makes a straight pass to the, um, old Dixie road.

Um, we'll get into that a little bit further when we get into the site planning.

Um, okay. So, some more about the background. Being on the west side of South Federal, this site is highly visible um on this m major arterial road. And the site plan and design that we're presenting uh today, we believe is in alignment with Delray's Delray Beach's long-term uh vision for revitalization and redevelopment of this corridor. a couple of computerenerated models of what the branch bank would look like. Um, again, we'll be demolishing um the existing for a little over 2500 square foot bank, including the two drive-thru lanes. And this is kind of a spin around the building. So, on the upper uh image, it's kind of a front door uh view. And on the lower image is if you kind of walked around the corner and you're getting a glimpse kind of onto the drive-through side of the building. Um from a site perspective, there'll be 15 total parking spaces and one of those will be accessible and our drive-thru queuing meets the 100 foot um stacking requirement. We'll also be redesigning the storm water and the site incorporates two storm water retention areas designed to retain on-site runoff and comply with the drainage and storm water quality standards. Um here you have the site plan that's uh colored with the landscape. Um [clears throat] you'll see South Federal is on your right uh with the ingress into the site um plan south of the building. And as I mentioned on the the existing site condition, there's also a a current uh entrance into the site about where the building is that provides that straight cut through uh to Old Dixie. And so we believe that we

we're improving the site not only with the landscaping, the storm water, um but also in the um maneuverability of the site. If somebody did want to come through with the intentions of of cutting cutting through um they would be greatly, you know, slowed down just because they'd have to maneuver the turns within the site. Um this is just a glimpse of some of the landscaping examples that are being proposed uh for this project and we can get into more detail if you'd like. [clears throat and cough] And then more specifically about the waiver request, I don't know if this is where you want to come in.

Sure. Yeah. So, we um Matthew Scott again. Uh we had a couple waiverss. One was to the uh minimum floor area. Um I I believe that the 6,000 ft² minimum is some zoning element from a bygone era where there was an intention of there being larger retail development. Um the other waiver relates to the parapit height. um your code looks for all mechanical equipment to be screened if it's on the roof. And so this was driven by the goal of screening making sure that we're screening all mechanical equipment. What's interesting about what's interesting about this waiver um is that even though we're asking to exceed the maximum height of a parapit wall, we're 30 something feet below maximum height anyway. So it's not that we're exceeding total height. uh but there are some criteria that we look for relative to waiverss um and compatibility is a frequent consideration. Believe we had a slide about some of the the development. So what what's [clears throat] interesting is that the exception or the the deviation from the rule has kind of become the norm in this area. So, there's a Chick-fil-A nearby that's less than 6,000 ft² and there are it would seem all new development in the area is less than 6,000 square ft. Um, and so we think that there's a real strong argument for the compatibility of what we're proposing here for this site to be less than 6,000 ft. But here is some more evidence to that point about the existing developments that do not meet that 6,000 foot minimum requirement. um you want to talk about the design scale though and how you want it made it to be compatible.

Yeah. So um we're going to start to kind of the uh design of the building here. So um again to the topic of the parapit uh here you see a building elevation as well as a a building section. Um on the lower image is the section and you see on the left side of the image uh our roof steps down. So, we're already kind of creating this front of house zone that has very tall ceilings, very wide open space, and in the rear of the building, a little bit lower space. Uh, that's your restrooms, um, the electrical rooms, the back of office where they keep all the cash. Um, so those that that roof elevation actually comes down as you see depicted in that. And so, we're already starting to conceal the mechanical units inherently because of the the roof coming down. But to be to be fully screened um as as per your ordinance, we do have to be up at I want to say it was at 5 foot 11 and I think the ordinance is at 4 foot. Um and so we just want to be you know good neighbors. It also doesn't just speak to concealing the mechanical units but also speaks to the proportion of the building. Um we feel that if if the parapit was much lower, it would it would feel like a very small small building quite frankly. And so um I think on this next slide we kind of speak to the the harmon harmonious characteristics of scale and proportion. Um just thinking of you know the length and width and height of the of the space um overall. And then just a slide here to talk about the materials of the building that we're proposing. So at the ground level it's what we call the water table. that will be um a brick material. And then the the beige up above will be a an ephus painted a neutral. It's called do sky. And then there's overhead canopies along most of the windows. Um and that's a

that's a metal panel, an ACM metal panel, which is um an aluminum composite material. So it's one of the higher qualities of the types of metal panels on the market. And then the blue and the green is what what we brand what we call the wing walls. And so that's just kind of demarcating kind of a point of entry like, hey, here's our front door. Um, as an identifier, there'll be signage on the building as well, but that goes through a separate signage peritting process.

Okay. And so that sort of sums up what we're here tonight to to present. I just wanted to end with this color um site plan with with the landscaping um to talk a little bit about Fifth Third Bank. Um as someone on the board mentioned um I actually worked on it. There is a another location on West Atlantic Boulevard, sort of the western most point of the city uh that we worked pretty hard with your staff on designing that. We think that came out great. It's been very a very popular branch. That's I think what led to identifying this site. As was mentioned, it the site is run down with a Burger King that's been closed for a few years now. Um, and so I thought that we did a good job on site planning this one in particular with uh positioning the drive-thru in the back in the rear. Uh, that's frequently a consideration with drive-throughs is their visibility and from the street. But then also I I thought that our landscape architect's uh design of this sort of landscaping triangle in the frontage will objectively be a drastic improvement for this area of the corridor uh because it's a it's sort of a heavily landscaped frontage um right in front of the the new building. So with that being said, we would respectfully request approval. Thank you.

Thank you. Okay. So, the request before you is for a level four site plan to construct a fifth bank located at 1820 South Federal Highway. [clears throat] The property is located in the planned commercial zoning district. The site is 0.87 87 acres and is currently and currently on site there is a vacant restaurant. The property is near the southwest corner of Linton and Federal and the site is adjacent another bank, a few restaurants and an automotive dealership. A little bit currently on site there's a one-story 3,397 ft building with a drive-thru. This structure was constructed in 1979 and was formerly occupied by Burger King. It has been vacant since 2024. The requested to demolish the existing structure and construct a one-story 2578 ft freestanding bank. The site will also accommodate a drive uh two drive-thru ATM lanes and 15 parking spaces. The [snorts] applicant is requesting relief to LDR section 4412F2 to reduce the minimum floor area from the required 6,000 ft to 2578 ft. The board will also need to determine if the additional height for the paraput parapit is appropriate for the site and also the level four requires recommendation from PCB and final action from city commission. The proposed use is allowed in the PC zoning district. The water, sewer, drainage are all provided on site and

the traffic performance standards are met with a reduction of 673 daily trips from the existing use. [clears throat] The proposal complies with the standards set in article 32 and the conversion from restaurant to financial institution is not anticipated to affect the stabil stability and safety of the surrounding area. The proposed financial institution is compatible with the adjacent properties providing a service and strengthening the commercial character of the corridor. The proposed lot coverage, open space and setbacks are in compliance. The overall height is in compliance. However, the parapit exceeds the maximum by 1 ft and 11 in. This exception requires a determination by the board pursuant to LDR section 434J3A. The floor the floor area is also smaller than the required minimum. Both the relief and determination will be discussed further. The proposed lighting, parking, bicycle parking and stacking are in compliance. And then for the waiver, pursuant to LDR section 4412F2, any freestanding structure must have a minimum floor area of 6,000 square feet. The intent of the PC zoning district is to encourage development of retail, office, and other commercial activities on larger sites, typically greater than 5 acres. Uh the applicant is requesting to reduce the minimum floor area to 2578 ft. The site is 0.87 acres surrounded by similar smaller parcels with freestanding structures under 6,000 square ft. The board should consider the following. Does the request meet the intent of the PC zoning district? Is the

request appropriate due to the site constraints? And is the proposed structure consistent in scale, function, and design with the surrounding development? The following are your waiver findings. It shall not adversely affect the neighboring area. Not It shall not significantly diminish the provisions of public facilities, shall not create any unsafe situations, and shall not result in the grant of a special privilege. The proposed landscape has been reviewed for compliance and meets the standards in LDR section 4616. They will be removing 15 trees, three palms, and three invasive trees, which the invasive trees are not counted towards mitigation. the removed trees meet our mitigation standards um either by doing the 1:1 ratio uh 1:1 replacement or by the DBH depending on the condition rating of the of each tree and [snorts] they will also be preserving 11 trees and 14 palms. The minimum architectural requirement states that the development must show proper design concepts and be appropriate for the surrounding area. The following criteria must be met. The proposal is with good taste and design. It will not depreciate the appearance and value of the area and is harmonious with the surrounding area. As for the height exception, the overall height is met, but the parapit utilized for the rooftop um rooftop equipment screening exceeds the 4ft maximum. The parapit ranges from 1 ft to 5' 11 in and the board must determine if the additional 1 ft and 11 in is compatible with the surrounding area. These are the proposed elevations. The top is the elevation facing federal and here are the north and south elevations. These are your board motions and this concludes my presentation.

Thank you. Is there any public comment? Seeing no one, public comment's closed, Mr. Co. Um, do you want to see if there's rebuttal? Oh, that you're right. Is there any rebuttal or cross-examination of nobody who wrote that chair? No. Okay, now we can go to board comments. I'm not in a hurry. No, it's a great great little building. I think uh Super well designed, very tight. And first time I've ever seen an architect use the uh the this proportionate the golden the golden what do you call that? The golden proportions.

That was the golden that's [laughter] not golden triangle but it's a golden golden nautical whatever. First time I've ever seen that. So but but it's pretty cute. There's proportions in nature, right? It's a piece it's organic. So, uh, very welldesigned little building. I'm glad it's not 6,000 square ft. Uh, uh, really nice layout on the site with a the green space pushed toward, uh, uh, [clears throat] Federal Highway and the, you know, their interface with Chick-fil-A. Chick, you feel like Chick-fil-A is right on top of the property line right there with

with, you know, we all, we've all gone through the drive-thru. It's very awkward sort of on their part. So this might in some way kind of help that. But uh I think it's beautiful. Uh it's a great little bank and uh uh I I'm completely supportive of the two waiverss including the the parite. That's such such a minor issue. Mia, love it. No problem with the uh reliefs, Mr. Strat. I'm fine. Mr. Patton, no problems, Mr. yard. Somebody has to stand up. [laughter] We're going to guess it's going to be about trees.

Well, let's start. You know, I think I'll take his suggestion. [laughter] Um, you know, one picky uh question is why you call a bald cypress non-native. I'm glad you [clears throat] asked because that makes it worthwhile that my landscape architect of all your flight [laughter] my drive over Patrick Cunningham 34234. I'm the landscape architect for the project. It is a typo that I saw last night for the first time. And as a matter of fact, [laughter] as a matter of fact, you can see right here. Okay, I'm done. No, it it is a typographic blur.

So, how hard did you try to save some of the trees on there? When I drove around in the property today, uh there were some big old trees that had all sorts of bends and character to them, right? And and obviously they haven't been taken care of or pruned or anything like that. But uh you I think some of them at DBH must have been 2 feet in diameter. Certainly big.

No, they're they're not that big, but they're big. and and so all five mahogies that are up against federal highway are directly underneath the power line. So in 1979 when this was developed, FPL could care less what you were putting near the power lines. And now if you look at it sitting on federal highway and we have a there's a a forgive me there is a picture of the front of the facade. You can see how they've uh erratically trimmed these mahogies. Mhm.

Uh to avoid the power lines and they're right there. And so all those trees or four of which there's five trees were remaining or that we're removing the mahogynes, four of which are under 50% ratings. They're they're failing. They're dying. The the um other trees, there are eight trees on site that are under 50% that are dying. the sable palms that are close up against the building. They're so close to the building that they're uh that we're going to destroy, not destroy, raise. And um that we can't save these trees uh with them. This we could move them, but the likelihood of them surviving is pretty low. So, we would be coming back, we'd be co- violated, and we would have to uh replace them anyway. Um and and the sable palms are the only two palms we could uh relocate based on the arburous report. And then there is a there is a green buttonwood in the back of the building that does have character. But what's happening is is that over time they've done head cutting which is not thinning out the tree. They've been trying to make the uh make the canopy fuller. And in doing so, if you've looked closely at it, it again is lopsided against or away from the building. They've been cutting the building. So, it the structure of that tree is failing, too. It's at 55%. Not, you know, it's still a little bit better than the other trees.

How do you determine that percentage? Well, the arborist report, they they flat out come out with a um I have it right here. I did not do the arborist report. I'm a landscape architect, but they they flat out come out with the in accordance with the CTLA 10th edition guide for plant appraisal. Health condition ratings are in accordance with the CTLA 10th edition guide for plant appraisal. So it's a objective determination that you can't Well, he is a certified arborist. So I mean he definitely his profession relies on him being Okay. Okay. I was glad to see you you saved the taboo. That was

I love tabooas. Absolutely. So So I wish they were native.

The [laughter] the rest of the site, the south property line, the west property line, and the north property line. We maintain that buffer as best we could. There's a two trees in the north buffer that are failing. And um part of the tree mitigation that we're doing is we're supplementing the north buffer to add addition you know just adding trees where we could as part of the uh mitigation requirements. So in the end we're we're keeping 25 trees and palms 11 trees 14 palms and uh we're proposing [clears throat] 40 trees and 20 palms. So there's 60 plants in the end. 60 trees and palms and those are all generally 16 feet tall.

All the palms spread of seven feet or so. Yeah. Gen Oh, all the trees that are required by the city are 16 feet tall. They're 3-in DBH and there's six I believe six foot spread. And what's going to be the ratio of canopy trees to palm when you're when you're done? Well, it Well, I I think I just said it. So, it's 2 to1. I mean, in terms of coverage and Well, two to one. I mean there's there will be 40 trees and 20 palms. See if I can Y and [clears throat] the majority of the palms are existing. We're we're mitigating for two palms and we're adding four palms.

Okay. Um I I guess that's all my questions about trees. Okay. All right. Thank you. Thank you. I do have some other questions. Oh no. I uh [laughter] you're not limited to trees. Not that easy, huh? They're trying to pigeon hole me here. [laughter] Uh could we see a site plan uh with the uh traffic routing uh through the the property?

Yeah, on our presentation that colored site plan might work well. While she's pulling that up, if my civil engineer speaks, I just want to mention, did you swear in when the group was doing it or [clears throat] do you need to? No, I didn't. So, if he does come up, we'll do a swear for him.

But go with your question. Maybe for me or maybe for civil. Well, just walk me through um if I when I drive in, how do I get uh first of all to just the parking area so I can walk in and secondly uh to the um uh the ATMs and and then exit. Okay. So, um plan south, you see the green car and the red car. So that kind of represents a carb. Um actually is this all is that all ingress or is that ingress eress for the front? Come on. Come on.

Oh, does it work? It's right now. [laughter] Oh, look at that. Okay, you got it, Diane. I don't want to misspeak. It's okay. Please raise your right hand by the authority vest me, the notary of the state of Florida. Do you swear affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth? [snorts and clears throat] Uh, Diego Rodriguez 33602. And so, could you repeat the question one more time? Sorry. I'd just like to know the the route through the property. Uh, because it seems like you have to go a long ways around to get to where you want to be. M

and I'm just wondering that's a very narrow lot. Is isn't there uh some issue of um the difficulty of routing cars, not to mention firet trucks through it.

Uh so we do show a truck path part of the civil submitt to ensure that the fire truck can navigate through the site um adequately. And I'm not sure if you can see correctly. I can't. I don't have my glasses on right now, but there is we did provide a pedestrian connection that leads all the way to the trash enclosure. So, uh, patrons would be guided to go on that pedestrian connection and then they can go ahead and go to their parking spaces. Um, the ADA space. Oh, sorry. The ADA space itself has its own crosswalk um, leading from the building. And again, the colors, it's white on this plan, so you can't really see it. So that that's an error on our end, but there is a crosswalk that leads from the accessible parking space right there where highlighted into the building and and then the crosswalk that goes in front of the drive-thru itself that leads to the trash enclosure. Now to go to the uh cars themselves, again, like you mentioned, this is a narrow site. It's pretty hard to to provide a um pedestrian connection itself unless we were to put one on the green space in that landscape buffer that's planned south. Uh but we do believe and and I believe staff would would agree that this general site plan in terms of uh navigating is safe for not only pedestrians but vehicular traffic. And uh like my colleague mentioned earlier, the the the removal of one drive-thru uh driveway, sorry, on the northern part cuts that through pass that's going to the

What is Old Dixie? Old Dixie. Old Dixie. Um so we did try our best to go ahead and and orientate the site um to be safe. And um Wouldn't you want some of your people to exit into Old Dixie rather than federal? It's usually They they can they can there is a there is a through um it's just not a straight shot which I think encourage quick okay quick shortcuts okay

and and this is actually a lessons learned for for myself to provide better colors so you can see that as well. Um but that access drive that you do see on the west side that does go all the way down to Old Dixie. Uh and then there is also a connection that goes to the Chick-fil-A to the north. Um the Can you sort of indicate where the water retention areas are be the the plings? So there's one there's one right there. Correct. And then one right in the in the middle next to the drive-thru. Correct. And and the water retention tanks. No, no, this is just a pond. It's a Is it a pond? Is it dry?

No, it's a Well, it's a it's a dry pond. It's a It's a retention pond. It's still considered a pond, but it's a until it rains a lot. Okay. Yeah. Yeah. Then it becomes a wet pond. Yeah. Everything's in accordance and and we do take that into consideration and um but but yes, it is a retention system.

Two more questions. Um generally on federal we tend to require bus stops. Uh, and there is a bus stop pad near there. I'm not sure if it's by Chick-fil-A or down by by you. Um, I is there any and this is really a question of staff. Is there any requirement as a uh from the city for that? And if not, is there an inloo payment? Uh I believe so this did go through the full um technical review uh committee. I don't believe that that was one of our comments for the our requirements for the bus stop. If it was a requirement we would have put an inloo fee but that was not required for this project.

And why would that not be there? There [clears throat] are plenty on the east side and very few on the west side. There's specific criteria within the LDR regarding when bus shelters should be placed and when they shouldn't be, when payments should be required and when they're not. So, our engineer is very thorough on that. So, as Susie said, if it was required, it would have been required and you would have seen it tonight.

Okay. Um I want to disagree with Roger a little bit on that parapit that's uh it's almost 2 feet above regulation and I'm not sure that is require I can see it for proportions from a architectural point of view but I'm not sure that's required to really screen the uh accessories on the on the roof particularly from a a sight angle point of view. your your comment is valid. If if you were standing on the ground, uh that parapit could be lower and with the view angles, you wouldn't see the mechanical screening. um proportionally as a design of the building. We feel that for this because the because we offer the generous overhead space in the in the in the customerf facing side um we we drop that roof down in the back of house. If we were to keep that roof going the the same uh elevation across the building, we would be in a much different situation where then the mechanical would be up if if that roof was, you know, continuous. We would inherently be raising the roof itself two more feet. Um and we would kind of be back into this conversation that we're in again. So I think we're coming initially presenting the building in the proportions and the scale of the building as designed um and and requesting the waiver.

Okay. And I don't know if this is fair to ask, but is that where the sign is going to go? I could I'm just a little suspicious in some cases we've had parapits made quite large in anticipation of a yeah large sign. Let me see if the 3D Well, the the sign isn't in front of the board right now. That's a separate say. All I can present is where signs typically would go, but they've not been permitted. Is that okay? Yeah.

So, correct. the the signal requires a separate permit review. So, it will go through um the permit process. It will be determined that it's meeting the requirements um in 467 467 for our signages. So, that is a separate review process. No, I I fully understand that. I'm I'm just wondering if if that might be some of the the reason for the size of the parapit.

Well, again, another part of the reason this this building is only 18 ft tall. And so when you're up against other commercial properties, um you really do get into a harmony of scale uh conversation. And where is that dank slide at? Um, you know, things like the Chick-fil-A, the uh the Pancake House, you know, the the roof on that Chick-fil-A very well could be um about where that Chick-fil-A sign is and the rest of that is parapit. It gives a street presence, right? And so it to to be adjacent to these other neighbors and to be at that low to potentially be at a lower scale just just proportionally is just a little bit off. Um I will also just put um my presentation because I think the staff's presentation has the drawing that you're in reference just so you can also see it too.

Okay. Oh, that's an example of the front door signage. Yeah, that's what he's asking. I think answers your question. Thank you. I yield.

Um, just a couple comments. I first of all, I I feel opposite, Mr. Chart, on the parapit. I like the fact that we're we're putting in our rules to more cover these ungastly, you know, machineries that all just, you know, they're not painted, they just rust. And some of the older buildings, you can see the difference. So, I glad that staff has made that. Maybe we need to look at rules to make it even, you know, make it easier to do this. So, because I'm never a fan of waiverss unless it really makes sense. And to me, it definitely makes sense. I'm also huge favor of reducing concrete from 6,000 ft to 2578 ft and all those trees and greenery on that space is a huge improvement. Um, you know, cuz everywhere else you're seeing, you know, the Chick-fil-A, it's cars everywhere. Um, you've got car dealerships there. So, it's going to be nice to have some greenery somewhere in that little section cuz that would literally be the only place with some trees left. Um, so I'm really glad about that. I am going to send the recording of this meeting to another land use attorney who told us under 6 months ago that no banks were opening up in Delray anymore. We had to reszone a property away from being a bank. So, [laughter] it just shows you no matter uh the uh it's pretty funny. There's no car. We don't need um enough vehicle lanes because they're not going to build. Nobody's going to drive cars yet. We keep approving car dealerships and banks are coming. So anyway, I do appreciate it. You did a good job with the one on West Atlantic. I think this is actually a lot better because that one is a budding a shopping center, so you couldn't put any granary really.

Um but this one you did a great job with the space and I am definitely in favor. Okay. Yeah. I really don't have anything to say. I like it. I think relief on the parapit is entirely appropriate. It makes the building look good. It's not really a waiver. It's just, hey, go ahead and do it. The waiver on the size, yeah,

6,000 ft building there would be ridiculous and it's appropriate to the neighborhood. And so, can we get a motion somewhere? Move to recommend recommend city commission approval of a level four site plan modification with architectural elevations and landscape plan the for fifth third bank to demolish the existing ugly building at 1820 South Federal Highway and to construct a one-story standalone branch bank with a drive-thru with an associated waiver to reduce the minimum floor area from 6,000 ft to 2578 square ft pursuant to LDR 4.4.12F2 4.12F2 by finding that the request is consistent with the land development regulations and comprehensive plan. Second.

Okay. We have a motion by Mr. Catch, second by Mr. Chard. Would you call a role, please? Miss Miller. Jim Chard, yes. Mitch Katz, yes. De Strong, yes. Roger Cope, yes. Price Patton, yes. Judy Malika, yes. Gregory Snider, yes. That motion passes seven to zero. Thank you. Thank you. Okay, we got to do dog grooming. Does the breaker bring treats for our dogs is the question? [laughter] Yes, they should have. Did you? I drove by it. Yeah, it looks nice. It's ready to open. It's already open. I know.

The door. That's why it's on tomorrow's commission meeting, right? Thank you so much. It's on the agenda. Oh, okay. This must have been a we messed up [laughter] or they did. I don't know. Something happened. Huh? Or they did. Somebody did cuz it's on I've never seen anything on our agenda and next day on the commission. Okay. Can we have item 8 D? Yes. Good evening. Okay. This item 8D, uh, we're reading into the record. Oh, I don't have my file number here. Um, I have my laptop if you need to look at it. Second. Sorry. What is it? Oh, it's on there. PZ. Oh, here it is. I'm going to read it for

3225. Uh, it's file number PZ 00003 322-2025. Thank you. Uh, this is a conditional use request to allow pet grooming and pet services establishment and we have the applicant here to do a presentation. Thank you. And we have a exparte, Mr. Okay. Um I did drive by this weekend. Um actually I wanted I was curious cuz there I wanted to see what else was in that plaza and I see it's looks like it's the last thing going in that plaza. But so I did do a drive-thru and look I do have a question later on that it looks like it's not coming for approval.

We can't [laughter] later about that. Press on this. That's right. I I drove by today too and had the same impression. [laughter] Yeah. I uh not only drove by, parked my car and walked over and had a look in the window. [laughter] Please tell me vacant like nothing was happening. Yes, nobody was in there. It was locked. Okay, good. And and nobody was there. I gave them instructions. So no uh no project no small. I I drove by the site. Mr. Go. Okay. Thank you. Please go ahead.

If you want I can go ahead and acknowledge the elephant in the room so you don't have to. So, um, this applicant has actually, um, done everything they needed in terms of site plan approvals, um, and everything that was needed to be done to open. The fault lies with a staff error that missed that this is a conditional use. So when she we discovered that when she was denied for her business tax receipt, that's when we rushed them on the agenda tonight and on commission tomorrow because we didn't want to be the reason to uh stand in the way of a business. So I'll let her proceed now. Yeah, that's basically it. It's nice to know having looked in the window that it's not your fault.

No, really, we did everything. I mean, we started this in 2024, so we were quite surprised when we came to the end, but Rebecca, Alexis, everybody, Rafi, they've all been very wonderful and helped me get to a point. I'm Erica Hurst, by the way. 34983. I'm coming from Port. Um, okay. I don't ever do this and I don't ever make these, so I apologize. You need help in advance. [laughter] I brought my husband because he kind of does know this. Okay. We don't know this.

Yeah. Okay. Great. All right. So, wonderful. So, this is all about meeting the LDRs. You know, the space already exists. It's a retail chain. Um, but it is boutique. Everything is done by appointment. So, while the space is around 1,600 square ft, 624 retail, about 1,000 of it is grooming, but you'll notice on the floor plan, it's sort of separated. Um, I don't know if this really matters to anybody, but there's no windows to protect really the animals and the groomers themselves so that nobody gets hurt. Like, they don't want any animals being spooked while somebody's out at the window, right? So, you can't really see in the back. And what you see up front is really all the retail. Super cute. Um, they do have bakery treats, but we do not bake on site. And then they have, you know, typical pet retail items for sale as well. Um, as I mentioned before, everything is appointmentbased, so that maintains the traffic flow. You're not looking at, you know, lots of people coming in and out. We do not board at all. There's no overnight boarding. None during the daytime except for maybe the small time while they're waiting to be groomed. We don't have any outdoor activities. Um, all the operations are indoor. Let's see. So, this was just so you guys could kind of get an idea of what it looked like. Again, super cute. and all those pre-baked treats out there. [snorts] Um, yeah, look at the donuts. I've only been to one. I've permitted about 15 of these. I'm a permit expediter, by the way, guys. So, that's really what I do, but they needed help when it came to this, so I I I offered to do some assisting. Um, hours of operation Monday through Saturday from 9:00 a.m. to 7:00 p.m. Sunday 10:00 a.m. to 6:00 p.m. Again, controlled grooming appointments, 3 to 5 employees per shift. Quiet, odor-free, insulated, and then low intensity. I'm sorry, I feel like I'm being very redundant, but I think I'm supposed to be. Um, seven spaces are required, but there's plenty of space in terms of parking spaces

there. So, we meet that requirement. staggered drop off drop offs with the appointments. Week week weekly deliveries. They said about one to two, but they're small. It's a very small location, so whatever they're receiving in is tiny. Um, again, fully enclosed, insulated, no detectable noise or smell to neighbors, compatible with all adjacent PC zoned uses. We remembered the cats. And then here I just kind of went over all that same information again just to make sure that we were touching on all of the LDRs that were brought to our attention. So, and I think that's it. The end. Thank you. You're welcome.

This does. Okay, I'll be really quick here. Um, and I suppose uh exparte is in order because I have been to a Wolf Gang bakery in Fort Lauderdale about 6 months ago and my dog enjoyed the sheep ear that he got there. But um, so good and so cute. So again, that dog,

this is a recommendation to the commission on the conditional use for pet services, the retail and grooming. Um, as Miss Hurst said, it's just grooming and retail sale of pet supplies. No overnight boarding, uh, which would be a separate conditional use request if they were to ever want to do that. There's no outside use areas and it's no additional floor area. Um, the hours of operation uh, meet the requirements for pet services facilities. Uh, let's see. She did a great overview of her um the business, so I'm not going to get into that much, but again, it's here um within the four corners overlay district plan commercial zoning. Um this was previously a medical office for quite a number of years. It's uh located in the corner of the plaza which is anchored by Sprouts. You can see here um again the floor plan, the retail is uh located near the front of the the bay with the grooming in the back. And the findings have to be made that a conditional use will not have a significantly detrimental effect upon the stability of the neighborhood or hinder the development of nearby properties. This is surrounded by other commercial uses with the exception of some multifamily to excuse me to the south of it. Um but everything in this area is um commercial retail restaurant type uses. Uh this is the uh preferred zoning district and this is a use that is again allowed through the conditional use process that is here before you. Uh I'm going to go quickly through concurrency. This is an established plaza with a comparable use. Uh our comp plan supports job creation and compatible land uses uh uses that are cons consistent or and support retail uh within

um adjacent to residential areas. Um the LDR has a very specific set of findings and requirements related to the pet uses. So, as you can see, there's certain of these criteria that don't even apply, but it meets the standards for parking, full enclosure, uh the fire rated walls that uh buffer for sound, and the hours of operation. So, then you have your findings here, and we're both available to answer any questions if you have any. Thanks. Any rebuttals? [snorts] Okay. Um Mr. Chart. Oh, yeah. Be nice. Can you ask if there's Did we ask for public comment? Oh no. Is there any public comment? It's empty. But

seeing none, public comment is closed. Now it's time for board and we'll let Mr. Cat go while he's let him go first. He's [laughter] or start over here. I think it's great. Um you good? Was it I did drive by because I was curious the I saw there's a vent in the same plaza. So I'm guessing it's a good compatible use. Um I don't think they do the same thing. I just think that plaza's shown that with a good anchor how you can literally transform an intersection. I mean that plaza is just really the last thing we got to fix is the Burger King. Another Burger King issue. That's looks terrible there. But um otherwise no looks great. I saw from the outside and thank you.

If I go there with my dog it will be very expensive trip. Yes it will. [laughter] They are expensive but they're so cute and they're good. So the dogs say. Uh, couple questions. No trees on I KNOW [laughter] there are no trees and I was like all night I'm like, "Oh no, he's going to ask me stuff I don't know." But but [laughter] do ask and I'll do my best. You have pine scented. Uh, yes. We hung up a few of those. Yeah, we're going to get extras though. Only native species. So, just tell me a little bit about the sound buffering so that barking isn't heard outside.

Well, there's really not that. I think we only have three tables or so for grooming. Definitely three tubs. And we're not really boarding the animals. So, there really shouldn't be. I mean, not only I would say just the dryers and whatnot going on, but it's my understanding that the 1-hour fire rated safety wall is enough to reduce the noise that might be presented just based on the amount of staff, animals, you know, and again that they're not there long term. All right. Uh, and I heard you say you're not doing boarding, but how about daycare? Are we going to be dropping off at this?

No, it should be it's by appointment only. So, again, it's my understanding after speaking with the VP that it's they make an appointment, they drop their dog off. I'm not saying there won't be any overlap cuz I think that would be unrealistic, but there shouldn't be any long-term I mean, I would imagine, and again, I can't really speak to it, but no more than an hour, like if somebody left their pet, didn't get there in time or whatnot. They're not standing around waiting for them is my point. They don't drop them off when they go to Sprouts. Well, well, they they very well may if they plan their day accordingly. Yeah. Yeah. Um they I drove around in the back and I didn't see where trash is going and I'm assuming animals create a lot of trash.

So, I actually don't I'd have to pull up the floor plan for the permit that we approved that we had done, but we didn't do a specific dumpster enclosure or anything like that. And it's my understanding again that they have a special service that picks up animal waste. That that was what I sort of on a daily basis. I'd have to find out. I honestly don't know if it's on a daily basis. I can try and reach the owner now if you'd like, but I I mean I would we again it's a retail chain so they are monitored by the franchise itself and I'm sure that they have a policy in place for that and I can get you more specifics on it. All right. Um and I have a question for staff there. Our package did not include a site plan. Is that

uh the reason the usual situation? That is correct. It was just uh embedded in the staff report itself a screenshot into it. Um I think we initially the the first draft I posted for some reason it got deleted when I was doing the final edits. So I had to repost. So if you printed an early version from the the first one that was posted you wouldn't have it. But it is in the the staff report that's currently up now and it would be the one that that you see on the screen before you. Okay. Okay. But I'm sorry. I just just for clarity. I mean the only thing in front of them is the conditional use aspect. Correct. Not the site plan. Yeah. So my my technical question was for conditional use you do not need a site site plan. Is that what you're saying? Not if it's going into an existing bay like this.

Okay. Okay. Uh, and with all of the pet care and the hair flying around and so forth, do you have filters so that doesn't So, in my experience, like I said, I think I've done about 12 or 15 of these. They have very specific hair traps that are required not only for the tubs themselves, but for the duct work as well to prevent that from being an issue.

I'm certain that we would have provided cut sheets for the specific exhaust fans or however they were. And I don't remember their numbers right now, but again, it would be in the file. I think somewhere I provided the permit number that was associated with the project, but again, if you need it, I can certainly get it for you. But that again is a common practice throughout, especially because Miami with their grease trap situation and you know what I mean, it just kind of becomes an overall, right, practice because changing it every time is not worth it. Yeah. Thank you. You're welcome,

Mr. Patton. Just a quick tech little thing on page three under the solid waste thing. I think if you're says, you know, it says 10.2 pounds of waste per year for the grooming. I think you made 10.2 pounds per square foot of waste per year for the ground. May I put this in there? Hold, please. Where's this? I didn't I that was my Okay. So, yes. This has to reflect. No. Oh, so I think that's right. Pounds per square foot per year. So yes, that was just otherwise. No questions. Yeah. Okay.

Okay, Mr. Front. No, I think Jim answered my question about the uh sound buffer. So good. Okay. No questions. Okay. I really don't. It's kind of like makes me regret being a cat owner [laughter] and not a dog owner. not a dog owner. I mean, they have the cats there, although I'm not really quite sure what they they groom the cats, but Yeah, I don't think the cats like they they don't really like it much there. Um Yeah. No, I think it's fine not to look good. And uh Yeah. Do you answer my question about why it's looks like it's already open when it isn't open? You want to talk about the panic that it's And in my little over three years here, you're the first person with sparkle on the [laughter]

I like to sparkle. You see the dogs? Yeah. We spray them with a little glitter. No. Good. Yeah. So, I'll make a motion, please. Okay. Move to recommend approval to the city commission of a conditional use requested for Wolf Woof Woof Gang Bakery and Grooming to provide pet services at 5048 West Atlantic Avenue, finding that the request is consistent with the land development regulations and the comprehensive plan. Second. Okay. We have a motion by Mr. Chart second by Miss Malika. And Miss Miller, would you please call the role? Jim Chard, yes. Mitch Katz, y Dra Stone, yes. Roger Cop, yes. Press Patton, yes. Judy Malika, yes. Pragger Snider,

yes. That's approved. Seven deserves. I really want to celebrate you guys. So stressful. Good luck with the commission. This I know. I I need some guidance, by the way, on that. [laughter] You're doing fine. Just do it the same. [snorts] Okay. Okay, now we can do some LDR amendments. [snorts] I'm really excited.

And I can just say that we are very glad to have Madison Brown, our development permits manager here to go over this amendment. She um works with the variances that are being requested quite frequently for the docks and she's a boater and she knows a lot about waterways and all that. So we'll give it over to Madison.

Oh, do you want this? Good evening everyone. For the record, my name is Madison Brown. My title is development permit manager and I would like to formally enter file number PZ- triple0246-2025 into the record. The request before you is a city initiated request um and a much requested uh staff initiated request to amend um article 7.9 for docks, dolphins, fingerps, and boat lists repealing and replacing the existing regulations in their entirety. Uh we are also amending accessory use regulations in certain residential zoning districts in article 4.4 4 base zoning district for consistency with article 7.9 and by adopting new regulations for docks, fingerps, marinas, and dolphins in appendix A definitions. The reason for this staff initiated amendment is that the existing standards are too strict. Uh several cases have forced applicants to seek relief after the governing agency of the water body such as Florida Department of Environmental Protection, US Army Corps of Engineers have already granted approval for said structures as they you are required to obtain their approval prior to coming to the city and frequent relief requests to a specific code section in this instance it's 7.9 7.96 and 7.98 um indicate that the regular regulations are in need of recalibration. Um, since my tenure at the city I started last summer in 2024, I have seen um

I've seen three variances and four waiverss to this specific section, which is a lot. And I have a handful right now in Lake Ida that all need relief as well. Six out of the eight proposed structures need relief. So, as shown on the map to the right, the inter coastal waterway, also called the ICW, has widths that vary from 130 to 77 to 780 ft. The branches of finger canals that also dot the inter coastal waterway range in width from 70 to 130 ft. Um, currently we have a fixed number for docks and fingerpring peers to extend from a property line. That set figure is 25 ft. No matter where you are, it's 25 ft. If you are somebody with a large lot with frontage on the inter coastal and you receive approval from the Army Corps of Engineers for a fingerp which is a dock that extends perpendicular from your lot line. For example, say you receive approval for 40 ft. Wonderful. That's great. You still have to get a variance from us in order to build that structure even though the Army Corps and D gave you the green light to construct it. So we took that in mind as part of their review process and decided that we would base this off of a percentage. So 25% or width of the 25% of the width of the waterway or less.

Granted, these folks are also receiving their federal or state approval. We are trying to mirror their approval requirements. Um I also wanted to share some photos of the waterways here in Delray Beach. Um, we have Lake Ida that's under the jurisdiction of Florida Department of Environmental Protection. The inter coastal waterway and the finger canals are both under the jurisdiction of Florida Department of Environmental Protection and Florida um the Jacksonville chapter of the United States Army Corps of Engineers. And we also have a few lots u down south at the C-15 canal. Any marine structures over there are required to be permitted by South Florida Water Management District. South Florida Water Management District, D and Army Corps of Engineers all have very similar requirements for docks, boat lifts, fingerps. Um they're all quite similar. Um so I wanted to take some time to kind of point out um another issue that we are addressing with this amendment is that structures as shown above are not permitted under our current regulations.

Say it again.

Structures similar to this configuration are not permitted under our current regulations. There are several folks along the ICW and on Lake Ida that have configurations such as these come in for permits with their approval. Sorry guys, you need a waiver and a variance after spending however and doing what they've done to get to this point. Um so we have updated the language to include configurations such as the fingerp and dock as shown on the bottom left or the reverse of that configuration with a you know a nominal dock protruding out from the seaw wall with an accessory finger pier no more than 8 ft wide. You can attach a boat lift pilings. It depends on what kind of boat you have. Not every boat needs to go in a lift. Not everybody wants to put their boat in a lift, but we are trying to accommodate multiple scenarios without forcing property owners and contractors to seek relief. We also decided to take this opportunity to codify marinas and include them in the LDRs because we have six or seven marinas in the city. I believe I'm color blind, so this map is not good for me because I can't see all the dots. Um, however, we took this time to include marinas and add technical requirements for replacing marinas or building new marinas. Uh, there have been a few permits that have come in already that I've reviewed that is maintenance, repair, and replace of the existing configuration. They received federal and state approval and we we ultimately approved it as it was maintenance. However, that said to me, we need to add some of this language.

So, if somebody buys say an empty lot on the water and decides to have it turned into a marina and develops it that way, we have language for that. Um and then we also wanted to point out that these LDR that these proposed amendments uh meet the goals, objectives, and policies of the comprehensive plan. Um and we [clears throat] are anticipating uh first reading in December 2025 and second reading in January in 2026. Okay. And that concludes my presentation.

Thank you, Bryce. Why don't you start? You know, I as long as it's worry about public comments. As long as city commission initiated or city staff initiated, I think you guys know where the problem is and and it's not you're not changing anything dealing with um by or I close the waterway. No, sir. approvals always have those all have to continue to get those approvals, right? Yes, sir. We're streamlining the process, Mr. Yeah.

Yeah. No, I'm I'm glad you did it. I wish it had been done sooner so you wouldn't get as many uh variance requests, but it got here now as opposed to sometime in the future. So, good job. Thank you. Same. Well done. Good for doing it. M what is the dolphin? What is a dolphin? That's [laughter] the thing that flipper. Flipper. [laughter] Remember flipper? The flipper was a dolphin.

Let her answer let her answer the question. In my humble experience growing up as a third generation Floridaidian, a dolphin to me was a cluster of pilings that you saw around the port of Tampa where the grouper would hang out and eat the barnacles. That's it's a cluster of pilings. Cluster of pilings. Pilings is a dolphin. Piling, correct? Like several pilings just like with like with nothing attached to them. Well, sometimes, you know, it depends on where it is, but if at the end of a pier, you had three of them instead of one as a safety barrier. Dolphin. Yes. Wow. Interesting.

But your new LDR does not include the term dolphin, does it? No, sir. Right. It's a picture. You're going to call it a piling. Okay. [snorts] We're going to use the industry standard term, which is a piling or pilings. Dolphins. a dolphin is bad. I mean, you you try you're trying to avoid dolphins. You don't want to run into it.

Well, [laughter] it depends on the use. And dolphins are typically used more at a port or at a wararf where you have this major space that you're trying to protect with these large clusters of pilings because you have larger vessels moving in and out of the waterway. We don't have dolphins. We don't have a need for dolphins in the city of Delray Beach. Okay. Picture of a dolphin for you. Okay. Cool. Right. I mean, the biggest thing I'm thinking of is like the Lady Atlantic and when like when she when she pulls up to Yeah. Yeah. Yeah. to at the dump station along, you know, along the And and and that's our public marina, by the way, right there.

That which is, you know, freshly renovated and spectacular. I mean, that's I don't know. I'm just to me all I'm thinking about is the Army Corps of Engineer and this the things within it and it's because all I know I don't know stuff on Lake Idaho private peers and who know yeah we're not on the water but it sure seems to me that it's that as a waterfront property owner and if I get a permit from the Army Corps of Engineers to build something that I submit to them and then somehow the city says says, "No, no, not so best." I I mean, I find that kind of hard to believe. So,

apparently you're trying to help that process somehow. Yes, we're trying to alleviate it so that it stops happening. Eliminate it. Eliminate it. Right now, they go to the state, get all jump through all the hoops, and then come to city and say, "Nope, start over." [laughter] And I'm the one who has to make the phone call that says, "Hey, your project's too big. You have to get relief. Here's how we can do that. So if somebody along the inter coastal is filing for a permit, who do they who do they file the permit with first?

So they have to file with the department of environmental protection for a regulator a self-exempt regulatory permit and then depending on their location along the ICW, they have to seek um additional federal regulatory approval. Army Corps of Engineers from the Army Corps of Engineers. Yes. And but D tells you whether or not you need Army Corps approval first. And then let's say so that let's say that they've gone through those two steps. When does the city of Del Rey get the shot at reviewing?

When they come in for building permit because they still have to get so the accessory structure is still associated with a use that's within our jurisdiction. So the structure has to be reviewed. If they have plumbing, if they have electrical, we need to look at setbacks. The Army Corps of Engineer cannot issue the permit. They can only offer an opinion on whether or not it meets the proper criteria.

Sort of. There's two layers to that. So, the Army Corps of Engineers ultimately does issue their own permit through their own regulatory sector. It's out of the Jacksonville office and it's a federal it's a federal review that is included with your D approval. So if you if you live on the ICW, right, and say you live over on Sea Sage and you want to build a dog and a seaw wall and all that stuff, right? So you have to hire your contractor, get your drawings. The contractor applies with D first and then depending on the location of said proposed structures, they make the recommendation as to whether or not federal regulatory review is required or not. D makes that.

Yes, sir. Yeah. And then if they say yes, you need federal regulatory review. They give you all the information. You go to the Army Corps of Engineers with your same drawings. You say, "Hey, this is where I live. This is what I'm going to do." Right?

They review it. Say, "Okay, great." Then once you get all of those documents and all of that, then you come to the city and apply for a building permit. And in several cases in the last 3 years, said structures, even though D and Army Corps are like, looks great. Because our standards are so strict, they require relief, whether it be in the form of a variance or a waiver depending on the proposed structure, the location of proposed structures. So, I took it upon myself to read what D and the Army Corps of Engineers and South Florida Water Management District require and took it with Miss Rebecca and we just cut everything out and made it similar so that once you get your federal and state approval, you come into us, you meet your setbacks, you sign the right paperwork to show us you're either property owner or the representative. And

well, that makes a lot of sense because off you go. That's a federal agency. Exactly. How in the world could Del Rey say to a federal agency? That's what we're fixing. We're fixing [laughter] that. The code was written originally in 1995. So, assuming we don't have to make a motion toend the meeting. [laughter] I make a motion to recommend approval to the city. Did we hear from everyone? I just want to make sure we hear from everyone. I have nothing. Do you have anything to say? No. [laughter] That old tree is a joke. No trees on the dock. Um, I have a question on the 25%. Yes, sir.

When you listed all the agencies controlling the canals, you didn't mention Lakew Worth Drainage District. I don't you did South Florida Water Management District. Different organization. Uh, Lakeworth Drainage District, as its name implies, does all the side canals and the finger canals, right? Are they included in this? Yes sir. So some of those canals are very very narrow and the 25% if extended from both sides could prevent some you have to maintain 50% of the waterway is access.

But if 50% of 25 ft is is not maybe enough space. But the other part of the question is you have the horizontal portion or the parallel portion I'm sorry and then you have the finger pier coming out from that where do you start counting the 25%. That's my question. I'm sorry I [snorts] forget I said no good I wonder do you count the do you count the Yeah. Yeah. When you have the fingerp coming out from a dock, do you include the dock with the fingerp counting the 25%?

Yes, because it's protruding off the property line. So that would be included in the entire calculation. That's the right answer. Off the property line or the like the bulkhead? It depends if you have a seaw wall or not. If but it would be from the wet face of the property line. Okay. Okay. Okay. Wow. So, some of these canals are like 20 ft wide. They would be required to get their approval from Lakew Worth Drainage District, D or whoever maintains the waterway. We would not issue the permit unless that was included in their submitt. We can't. So that's part of why we're codifying that approval being required as part of

it. It's interesting to me that that given that the different reasons for the canals and the different scales of the canals that there might need to be some flexibility in that in that as well. Lakeworth Drainage District does not allow for fingerps or structures of that nature. They only allow for marginal docks that protrude from the sidewall of the canal and for boat lifts that only extend out, if I'm not mistaken, 15 or 20 ft from the embankment itself. They do not allow protruding structures into the canals. I'm trying to remember all the peers I've voted by. I I think you're right. I don't think they're extend We don't have very many peers in this city, right? I mean I mean you get a

marinas. You mean how many dolphins? No peers. Oh yeah, we've had lots. How many dolphins have we seen? Not one. See a single. You ready? Can we have a motion please? Motion to approve recommend approval of the city commission on an ordinance number 30-25. A city initiated amendment to amend certain zoning districts and article 4.4 for base zoning district for consistency with article 7.9 and by adopting new definitions for docks, fingerprints, marinas, and dolphins in appendix A definitions by finding that the amendment and approval thereof is consistent with the comprehensive plan and meets the criteria set forth in land development regulations. Second

motion by Mr. Katz, second by Miss Malikica and Miss Miller, would you please call the role? Jim Chard, yes. Mitch Katz, yes. Danger Strong, yes. Roger Cop. Yes. Price Patton. Yes. Judy Malika. Yes. Gregory Snider. Yes. Okay, that's passed. Nothing. And then you have your second ordinance. The second ordinance number 3025. We would need a vote on second vote. Recommend approval of the city commission ordinance number 30-25. Isn't that the same number? Oh, do I think he did 30 and I think we need to do 12. 12. Yep.

Oh, is that not on? It's a different Oh, I missed that. Sorry. Recommend approval by the city commission ordinance number 12-25 a city initiate amended article 7.9 docks dolphins fingerpairs and boat lifts repealing and replacing the existing regulations in their entirety by finding that the amendment and approval thereof is consistent with the comprehive plan and meets the criteria set forth in land development regulations. Yes. Second. So we have a motion by Mr. G, second by Mr. Ch. Call the roll, please, Miss Miller. Jim Char. Yes. Mitch Katz. Yes. Jed Strong. Yes. Roger Cop. Yes. Price Patton. Yes. Judy Malikica. Yes. Greer Snider. Yes. And that passes. So

I did mess up that because I should have repealed it first and then passed the second one. But I always go down the last page. [laughter] Never mind. Fine. That's good. Fine. Now we can go to 9B. Sorry about we get some different we don't but we do. There's nothing on 8C 9. No. So, let's see. We uh appreciate the patience of the board on this agenda. Agenda. We've had um these three amendments are all city initiated, but there's a lot of private actions that are dependent on them. So, we we appreciate the opportunity to go through these.

So, just like the Okay, I'm reading into the record uh file number PZ0000166-225. It's an amendment to the LDR for our um regulations about lots of record and uh like the previous amendment which is intended to make life easier for our citizens um this is brought forth in the same spirit. So there are multiple [clears throat] sections that we are amending as part of this ordinance uh to get to where we need to go. Uh so this all goes back to um lots of record which are anything that's a platted subdivision. So within the city most of the city is platted. Now if you have new development you're required to plat um and there are two two issues uh with this. So the way that the rule is applied now is causing um issues due to the citywide resoning in 1990. um minimum requirements for lot dimensions were adopted that didn't match the lot sizes of many lots that existed either by plat or by an extended history of use. Um those will colloally refer to as deacto lots of record. They're not platted but for several generations they have been held in that form either undeveloped or with the structure on it. So this is particularly an issue in the R1A zoning districts which are mostly within the northwest and the southwest neighborhoods. So if you are a non-conforming lot of record, um a non-conforming lot is one that was legally created but now it doesn't meet the development standards, we do provide an out in section 414 where if it's at least 50 ft wide, you can use it for any income level. If it's at least 4,000 square feet, greater than 40 feet in width, but less than 50, it

has to be developed as workforce housing. Um, if you do not want to develop it as workforce housing, you would need to seek a waiver from commission. And we've had a number of those. Um, you may need to seek a waiver from the minimum lot dimensions if you are doing a tear down and a rebuild or um a variance for building setbacks because the setbacks that were adopted in conjunction with these lot sizes are calibrated for larger lots than those that have been in existence since the 20s, often the 1920s. Um, or you also have the option to acquire and combine adjacent properties through a plat to meet minimum lot requirements. Um so uh before I go to the next slide so this um creates several issues as we've seen as waivers have come forward um people who own a lot that had a structure on it that was perfectly fine per these these rules that or per the configuration that was adopted in the plat they need to get relief to even rebuild their own home. Um so that that has happened before. So for these lots of record, this is certainly an issue. And then there's the issue is additionally compounded if you were never platted. Um for [clears throat] uh Jim Crow related reasons in the Northwest and Southwest, many of those lots were never platted. So even though they have historical ownership, it's restricting the ability of the owners to use them. So, um, this is the chart that shows for the R1A zoning district what the required lot dimensions are versus existing lot dimensions. So, 7500 square ft is the minimum for R1A zoning, but a lot of the lots are between 4,000 and 7,000 square ft and the interior lot width is a lot wider than a lot of the lots that exist. Um, 40 to 50 ft is very common. Um and then again as as I noted

before if you are applying the minimum setback requirements it becomes um very difficult. So it could result in a scenario if you had a corner lot and you factored in that um the setback and the lot with you could end up with a house that was only about 17 ft wide which is about the same as the length of a parking space a common parking space. So, it's it's definitely um a challenge in um these R1A zone properties in um especially in the Northwest and the Southwest. um this map which may be a little hard to read in the resolution that it came out from um the report it came from. We did a study on accessory dwelling units which um we will be bringing regulations forth in this neighborhood for accessory dwelling units. But um [snorts] those require some more um some more regul regulations to be written before we bring that to you. As you can see on this, hopefully you can see based on the size of the legend. Um, a lot of these R1A lots in the northwest southwest near are not typical lot dimensions. Um, the RMZ owned properties within this area again are not typical either. Some because like you see Auburn Trace there, but then there's others um of just south of uh West Atlantic Avenue. But um with the exception of the pop properties in that purple and pink um they don't meet the minimum lot widths or most of them do not. So um and this as well here it's a a map of the single family zone properties within the Northwest and Southwest and it shows um how many parcels are less than the 7500 square feet. And as you can see, it's it's a a huge number.

The green. Yeah, the the green is um those that are do not meet the minimum lot size. Um got to tear my house down.

Yeah. So um this again, Ociella Park is one neighborhood which is um a platted neighborhood that this um non-conforming lots of record issue comes up with a lot. They're plotted lots that don't meet the minimum lot dimensions. this uh platted area with um on the west side of Northwest 8th Avenue, they were all platted as 40 by 136 foot lots. So even though um they could be developed because they were platted, there's that restriction for um they could only be developed as workforce housing. So, if you had a property owner that may [clears throat] have owned this across generations and maybe they want to pass it on to an heir that is not um could not income qualify because they've become successful, it limits the ability to pass this on unless you take it through the waiver process. So, and then again um this shows some of the issue with the meets and bounds lots. um the town of Linton Plat which was recorded in 1910. You can see Atlantic Avenue and Swinton there in the yellow. Whereas some of these blocks with the small um rectangles were ones that they actually platted out the entire block. But then a lot of the rest of this was just left as large blocks. And in these neighborhoods is where you commonly see um meets and bounds descriptions. And we require all development to go on a platted lot or a lot of record. So just to quickly go through um if you have a lot of record and it's at least 50 ft, you could just go straight to the building department, get your house permitted and move along. If you have a lot of record that's less than 50 feet but at least 40, you could develop it as market rate, if you get a waiver or but you also you don't have to plat it and you could go straight to building permit. If you're going to do it as workforce, it's a little easier. You just go straight to building permit.

Um for these unplatted lots, the meets and bounds lots, they would all have to be platted. Um, if you are wanting to develop an unplatted lot that adheres to the district standards, plat and then building permit. But if you have one that doesn't meet that um longstanding or the long-standing configuration doesn't meet the standards, then you go for a waiver before you could actually go for your building permit. So, it's difficult for many owners of lots of record, but also even more difficult for those who own a unplatted lot. Um and so this amendment is an attempt to make um to give people more autonomy and the right to develop their property that they have owned or inherited. And um I think it would be uh we as staff think it would really contribute to the wealth building, especially in the north and southwest neighborhoods where we we bump into this issue a lot where people are ready to pass on a lot to an heir and develop it, but there's a long process they need to go through before it. So um I do want to highlight here in the staff report and in the ordinance I had posted two different um definitions and so I would welcome board feedback at the end. So we had talked about maintaining the lot of record definition as we have it where it's it's only platted or the top definition where we would um expand the definition to include any parcel of land defined by meets and bounds that was previously developed and has existed in its con current configuration since October 1st of 1990 that magic number when the there was the um citywide resoning. So um Palm Beach County does take the route that you see on the top definition. The bottom definition is more of a conservative approach to uh how we would address this. Uh so then

these are existing definitions that were relocated or sorry the top one for non-conforming lot of record lawfully created but doesn't comply to the minimum standards. And then we are looking to adopt a new definition for a legacy property which would be any parcel of land defined by meets and bounds that has existed in its current configuration since 1990 that has been under the same the ownership of the same family for a minimum of 30 years. Um and then that status would expire if it was sold outside of the family. Um just a quick note we are re we rewarding a lot of the the language for clarity. I think staff has really struggled in trying to explain and interpret to members of the development community what this means because whoever wrote this in the '9s was very verbose and not directly to the point. So I think in this regard it's going to improve the process for our development community. And then also in this section, um, currently a waiver is required if an owner doesn't want to develop the 40 to 50 foot lot as workforce housing. And if there were two adjoining lots that were developed with one house and the owner desired to split it back into two, they would have to go for a waiver for both lots. So, we are um looking to revise this section so that if a property was previously developed, it could be developed um with a single family residence without being subject to the workforce housing requirements. But for the lots where they may be adjoining under the same ownership, we're looking to um require half of the units to be um workforce. And this change is not proposed because staff is not concerned with with workforce housing and affordable housing, but just simply because the regulation as it was written isn't working as it was intended to. So, we needed to look at how we could continue to make the properties um

usable within this neighborhood especially again um okay so that I [sighs] Okay. And then this is another significant section that we were looking at here. We were preparing regulations specifically for legacy properties. So, um any legacy property could be developed or redeveloped whether it had previous development or not um for a member of the family without being subject to the workforce housing requirements. and they could use the plat exemption process to um to um make it more of a formal lot rather than going through the full plat process which is quite complicated and requires surveys and drainage drawings and a professional whereas the plat process is not a far reach plat exemption process is not a far reach from the survey you would need to build anyway. Then we're also um throughout the North and Southwest neighborhood um [snorts] if you're providing workforce housing or if it's a legacy property, we are um expanding some of the reduced setbacks that were previously available um to allow um these properties to have a setback that's more appropriate to the configuration of the property. And um again we are just making in our workforce section which is primarily devoted to incentive areas we added um these incentives here about setback relief for the provision of workforce housing to make it more easily accessible and to add the breadcrumbs throughout LDR. Um, we really think that this is a way to give private property owners more right to use their property, whereas it's um there's an inequity in how the regulations are structured currently. And so this this allows people who have that vested ownership right to use them more effectively. Um, and then we have policies about

using innovative planning practices to um to incentivize a diversity of housing types um throughout several elements. And I know you guys have been here for quite a long time, so I'll wrap it up, but if you have any questions, I would be happy to take them. What did you just say? [laughter] Yeah. Were you looking for guidance on some of that language where you had a choice between two? Yeah. So, I think I mean we'd like a recommendation and it could be a recommendation with um direction on things like this, but yeah, I think this one was one where we were looking at

whether we should take the really uh conservative or the more liberal path. Yeah. So, in the state [cough and clears throat] report it says a lot of record. Where is that? Does does When I read this, I got [clears throat] the impression that it could be a lot of record. A a meets and bounds lot could be a lot of record.

Yeah. So, unfortunately, we did we posted two versions incorrectly. So, I think the one version went where we actually say you are a lot of record if you can prove the ownership whereas the other one. So, um, you it would still give a path to use it, but I think maybe the top definition would give more leeway because once you're deemed a lot of record, a lot of record part of a subdivision recorded office of the clerk of blah blah blah blah, a parcel of land defined by meets and bounds that was previously developed and has existed in its current configuration. Okay. So that does say

So my question is why does it differentiate between a lot and number one and then meets and bounds in number two? Are they they're not one and the same? No. So whereas the current definition only would call it a lot of record if it was recorded in a subdivision plat. That top definition would really try to expand it and say we could also call you a lot of record if you can show this history of ownership in your meets and bounds lots. So why wouldn't we want to do that one? Yeah, I think we do.

It depends on whether or not we think it's important to have basically what's a boundary plot through the plat exemption process. It does add a hurdle. Um it's

the the hurdle being proof of ownership. Um, I think as we were discussing this, we viewed that as maybe less of a hurdle as still even having to apply for the plat exemption. It is a $750 application. A plat is $1,500 or $3500. Um, the documents you need to prepare, you may need a professional to help submit them or you may be able to do it by yourself. But, um, if you're planning on building a house, you would have a survey anyway. So, it's not too much of a step further to have a surveyor do the boundary survey to go with the plat exemption, but it is an expense for sure.

But the first one would be only the $750 expense, right? With the first option, the and then we would also um look for feedback from the board on whether the board thinks it's important to require a plat exemption or to just allow someone who can prove that ownership to proceed with the development. less regulation. Yeah. I mean, I think to me it's it's crazy that it took 35 years [laughter] to get here. Uh especially when we're looking at why Yeah. New parcels are the way that they are. So,

the least restrictive route in my opinion is probably the best. And if it requires waiverss or exemptions, I'm fine with that personally. Yeah.

I [clears throat] agree. I agree with that. If I could speak. Yeah. What what I think what I thought was trying to happen here is to allow people to use their property more easily. The property that they owned that doesn't necessar there's a bunch of rules about being platted and blah blah blah blah blah before you can do anything with your with your non-conforming lot. And what what I assume you were trying to do, what I think we want to do is enable people who if if that lot's been there like that. Mhm.

Even though it's not platted in the Palm Beach County Circuit Court, etc. It's still a lot and it still belongs to the people and they ought to be able to build on it or do whatever they want with it. I I mean within not anything they want because there's certain things about if you have two one should be workforce but in general I think we're saying the top line the top one is okay y is what is what we would prefer is there any other confusion in this that we need to discuss

no I don't think so I mean it's really just there's two types of lots of record scenarios those that we are trying to address here. The one where it doesn't make sense to continue to force waiverss for lots of record that are actually lots of record and the other would be to start deeming property that is not considered a lot of record a lot of record so that it can be more developable. Yeah, that's what I would say. So, so how do we how do we express that in a motion? Well, I got I got a quick question. Yeah.

Um there are I notice in on the um the map on page three, it looks like the entire West Settlers Historic District is is not covered even though some of the lots look as small as some of the other lots. Um I don't know if there was a contra to not include the West Settlers District. I need to compare it to the map of the West Settlers historic district boundary. So, um, for [clears throat] the the the green map, the map on page three, green and yellow.

Yeah. So, on this one, I asked our map tech to look only at the single family zoned ones. So, if let's see. No. So, we'll have to look at that to make sure that it's picked up if those are. So, I um I didn't compare it. So, let me make a note to do that. Check that. And then this applies citywide, right? It would apply citywide, but mostly applicable um I think in the north and south. And at this point, we haven't looked at extending that um liberalization of the lots of record for meets and bounds parcels to commercial properties. I think we would still require them to do a plat, but for these properties, it makes sense given the history of the

But you're talking about this this change in the air is applying only west of Swinton. No, anywhere that it is um citywide, right? Anywhere that it's uh yeah, citywide, but mostly you would see it as applicable in either RM or R1A zoning because they're in in our historic districts which are older when they're making them 40. Yes. Then that's they'll they'll be affected.

They would be uh they wouldn't have to seek relief. Although um I can't recite the historic process off the top of my head. You probably could, but I think we we have a lot of provisions already built into the code so that if there's a a house that's on a lot that's non-conforming, if it's historic, there's a lot more leeway already afforded. So, it may not be as important for those properties as some of the ones here, but it would certainly apply to them. And setbacks wouldn't be affected. remain the whatever was applicable to a historic property would be but this doesn't affect setbacks part of the let me see if I can go back to that slide what it does

so we are looking within the northwest and southwest to allow uh relaxed setbacks for some of these non-conforming non-conforming so if that you were wanting to build somewhere else and you just wanted to build your house bigger than the development regulations conditions allowed, you would have to get relief. This is more a regulation designed to to fit better to the properties. Like when we've talked about this internally, we've talked a lot about how we're off for enforcing the rules that they make sense, but in cases like this where there's the mismatch between conditions on the ground and and the regulations, it makes sense to look at a wholesale. Um, I'm like several other people said, I'm all for making the rules easier. Yeah.

Thank you. One other thing. I thought I saw a discrepancy in the definition for legacy legacy property that you have on page six here versus on the screen. Oh, oh, let me go back to um property. Unfortunately, we ended up we um we had some feedback from the public that had some changes. So I think some of the slides and what was published may have changed but um we will certainly make sure that we correct it. Was there one definition over the other that you preferred in the legacy property? I think up there you had u a minimum of 30 years and you had the date October 1st 1990.

Okay. In some respect but it's not. Okay. Okay, we'll make sure it's same family, but it it had a qualified date of October. Yeah. Oh, I see. 199. Okay, I'll make sure to get that. Yeah, that's kind of weird. We arrived at 30 years.

Yeah, three years ago.

[clears throat] So you wait for a recommendation. Well, do does a motion have to specify the choice of verbiage for the what's a lot of record? I think you like you could say recommend approval with the language that deems a meets and bounds lot is a lot of record. Why don't you put the Okay, the two things up there. Okay. No, not there. That's not it. It was the two. Okay, that's it. Oh, wait. No, no, not that. There we go. Um, do

you want me to take the gabble? So you can make Yeah. We'd like We Before you start, we want the top one. Is that Yes. Okay. Please. Rice gets a gabble, not you. We're doing it. Okay. Yeah. Take it, Bryce. Mr. Schneider, you're making the motion. Oh, am I? I thought I don't think he wants to. I'll do it. I don't care. Just kidding. Let me find the motion page first. Right here. Let me get out of here. No, I don't. Yeah, I do. He did pass it to [clears throat] Mr.

Okay. I move to recommend approval to the city commission of ordinance number 2525. The city initiated amendment to the land development regulations amending section 1.3.2 non-conforming lots of record. Uh section 4.1.4 use of lots of record. Section 4.3.1 application of district regulations. Section 4.4.3 single family residential R1 districts. Section 4.8 other incentives and appendix A uh definitions to amend the regulations to the use of lots of record. Finding that the approval that the amendment and approval thereof is consistent with the comprehensive plan meets the criteria set forth in the land development regulations with the condition that the definition of a lot of record will be a lot that is one part of a subdivision recorded in the office of the clerk of the court clerk of the circuit court of Palm Beach County, Florida. or two, a parcel of land defined by meets and bounds that was previously developed and has existed in its current configuration since October 1, 1990. Whenever a portion of an existing lot of record is replatted and contained in a new plat, that portion of the lot on the original plat that has been replatted and included in the new plat shall not be considered a lot of record and shall not be presumed to satisfy the definition of lot in the LDR or in Florida statute 177.031.

Second. One slight change. You said section 4.8. I think you meant 4.78. 4.7 4.7 4.7.8. Call for the call for the role. Miss Miller, maybe we have the read it all over again since you We have a second. I second it pretty quick. [laughter] We have a second by Mitch and and a motion by Mr. Greg. Jim Char. Yes. Mitch Katz. Yep. Dedra Strong. Yes. Roger Co. Yes. Price Patton. Yes. Judy Mullica. Yes. Gregory Snider. Yes. Wow. Can you repeat it?

No. [laughter] For the last item. So, you can read that up there, right? Get my eyes. I got my glasses on. These are my reading glasses. I don't have Oh, I got pretty. Okay. Okay. I'm going to be really quick on this. And um exactly what's up here? This is the one you don't have on your thing. It's a Yeah, there's a replace slight amendments to it. Okay. Yeah. They're not uh I don't think they're like subs changes at all. Copy of this.

So, this item 9 C um another amendment to the LDR. It's to make a statemandated change to our reasonable accommodation procedures. Uh reasonable accommodations are typically applied to um a community residence type situation that is uh for some very uh fact-based reason needs uh a deviation from the rules regulating the use. Um and there's a process that we already have on the books actually to um to grant or to review and grant reasonable accommodations. Um but the state passed um through SB954 regulations that are um must be adopted by January 1st, 2026. And um reading into the record file PZ 325 2025. So uh again this the state required that we um adopt these changes. The city is very fortunate to have very extensive regulations governing community residence use. So this slide here just shows um the changes that we are required to make. Um [clears throat] some of these we already do procedurally and then the other changes just change the time frames. Um they're more generous than um we actually have or giving ourselves. Um and then things like any objection any rejections have to be evidence-based for denial. Um and a clause for automatic approval if the city fails to act. So, um, we do have the findings for, um, LDRs, LDR amendments, but in this case, we don't really have a choice if we didn't like it. So, um, [laughter] I Danny here or myself can, um, answer any questions you might have.

I have no questions. Anybody? Well, I think I'm this. I have one thing and it's my typical type of thing. If you go to the part of the ordinance where it it's um in the ordinance, it's parentheses five on page four. And if you go down after after let's see it's changed from where are we?

Oh I think that uh I think this is actually corrected already. No it may have been corrected in your new draft if additional let's see receipt signed by the res recipient. This my corrections already been made. It's you needed to insert additional information in the sentence and it's already there. Can I motion? Please

recommend approval of the city commission of ordinance number 37-25. The city initiated amendment to section 2.411 411 relief subsection E request for accommodation of the land development regulations to update its procedures for handling and processing requests for reasonable accommodations in order to support to comport with recent changes to state law adopted to Senate Bill 954 2005 finding that the amendment and approval thereof should that be 2025. as 20 I was going to say that 2025 finding that the amendment and approval of their office is consistent with the comprehensive plan and meets the criteria set forth in the land development regulations.

Second. We have a motion by Mr. Cat, second by Miss Mikica. Would you read the role please? Jim Chard, yes. Mitch Katz, yes. Major Strong, yes. Roger Cop, yes. Price Patton, yes. Judy Malikica, yes. Gregory Snider, yes. That passes seven to nothing. Okay, staff comments. Nothing else. Thank you all for your um long-suffering uh working through the agenda. And just quickly, you have a list of all the board meeting days for 2026 in front of you. So, just um you can mark your calendars. That's it. Thank you. Thank you. Board attorney comments. I have nothing. Thank you for being here. We passed and I No reprimand for me today.

Everyone did. [laughter] I thought about it, but I didn't say it. board comments. I I do have something and it's and I I know we're late but I it's very important I think

so last meeting we talked about gun ranges. We learned that in our industrial and in our mic gun ranges are allowed without any conditional use whatsoever. Um and the industrial it's not such a problem because it doesn't abud properties but the other district where it's allowed it does. So somebody could put a gun range in tomorrow um without any conditions whatsoever. So I would like to ask for us as a board to ask the city to do a zoning in progress so that any f any applications will not be accepted until it's looked at and that we um that they look at amending that to make some type of just a recommendation from us to the commission that they take some action here. We all agree

because we they didn't see it because it never got to them. Yeah, I spoke to Anthia about that and she said that would have to come from the commission. So, I did speak to the commission about that or a couple of them and then I think I'm going to make public comment tomorrow. Okay. If I can make it I'll come and make public comment, too, if I can. Oh, yeah. Well, I'm going to make it first. All right. But I'll try to come as well, but I I don't I was going to try to come and talk about something else, but and I may be mistaken, but my belief [snorts] is she said that's the process that the commission had to instruct Mr. Moore and Mr. more would instruct the department. Okay. We can recommend We could recommend that the planning and zoning board. I mean, we are the planning board. They do it. Absolutely. Absolutely. For that.

I want to make a motion. We recommend zoning in progress. Um zoning and hold on. [laughter] We're not passing anything. All we're saying is we're asking staff to say something. No, I know you're allowed to make recommendations, but there are specifics to what like what you can make a recommendation on. It's it's their blend vote regulations. So you could I think to what her point I don't know that you could s recommend that they do a zoning in progress. I was going to recommend they they may are made aware of this.

I mean I think if you chose if you wanted to make the action as an entire board I think you'd have to vote and I'm not 100% sure that you can do that. If you wanted to individually do as Anthia told Miss Malikica I think that would be the clearest path that we can tell you you definitely can do at this point. You want to make an amendment to the LDR. Is that what you want? We want to ask the city commission to look at making an amendment to the LDRs. We need some kind of regulation. There's not every other city has it. And

there's nothing. And especially the industrial doesn't worry me as much as the mic because that does abud properties. I was sent a video from the gun range owner of a a a very trained um gun range instructor who shot himself in the parking lot by accident. Well, that's if you can accidentally shoot off a gun in a parking lot that next to a neighborhood, that's not a good thing.

So, here's the thing. Typically, when I see those kind of recommendations, it's coming from like an advisory board where their only role would be to make recommendations. in this case like you all just made recommendations on LDRs but they were city initiated or they're privately initiated so I don't know if you can on your own valition well I think we can we can say it and they say they can ignore it in in my past experience that's exactly what we've done we've made a request of staff to do a report to the city manager and the city manager gives it to the commission right that's the way it's supposed to work because it's the from the people we are the appointed board to look at our zoning rules So I think we can check in to confirm.

I think you only need a vote. If so, then I think if there's a consensus from all of us, that should be enough for them. Is there Can I just ask is there a consensus? Consensus, right? Not a vote because we How many are in favor? Why? Why? There you go. Okay. Okay. And they don't confirm if it can be done. I just don't know. Just because of the timing that we just learned about this and true. I mean, it's cuz it's going to it could open up bag of worms now that we've exposed this at that last meeting. You might talk to Kelly about it because I think she's the one that kind of led it years ago. That's all I had. Sorry. Okay. Nothing. Rebecca, next meeting. The next meeting is December 15th. 15th. Okay.

Roger. Let's go. Let's get out of here. Three guys standing here talking. If that's the case, Mitch, how come that guy came in with the problem with