planning and zoning board uh miss miller if you'd call the roll please jim charge here mitch katz here didger stone is absent roger cope here price patent is absent judy malica here gregary snyder 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 for the staff or anything huh there's no changes changes from stuff on the agenda there are 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 here okay please 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 missing that has c under legislative items yes yes that's been updated okay i withdraw my question okay um so we have a motion and a second to approve the agenda all in favor aye all opposed hearing no and 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've filled out the sign-in sheet let's raise your right hand by the authorities estimate the notary of the state of florida you swear to affirm the testimony you're about to give us the truth the whole truth and nothing but the truth thank you at this point uh we'd like to have oh at this point mr strong is here all right if that's if that's noted we just uh swore everybody in um at this point we'll take comments from the public on any item that is not on the agenda any non-agenda item comments from the public seeing no one those comments are closed move on to presentations we have none and quail a judicial hearing items i have a question before you're reading 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 names okay that's fine we'll i'll mention that um these aren't the rules yeah i gave you those sheets oh there they are okay sorry my fault now this hearing shall be conducted in accordance with the city of dory beach quasi-judicial rules the applicant and the city shall be permitted to present their case the public shall be allowed to speak for three minutes each or a maximum of six minutes if the person represents an organization or a 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 dostry would you read in the item 8a please so state for the record sorry yes state for the record suzy rodriguez senior planner i would like to enter file number pz 182 on dash 2025 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 uh do we have any ex parte mr co 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 through the project and so i was very involved in it 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 sixth avenue part of that settlement agreement just make sure it's all disclosed all right thank you sir yes thank you for shall i state my name and address name and uh zip code zip code bryce hall 80205 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 oh 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 two is under construction starting with the southern portion of phase two and what you see under construction in this photograph is the subterranean parking garage that will sit below buildings two and building four south and building four south is the building associated with the waiver requests 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 complementary 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 atlantic avenue as we discussed this a moment ago this is building three this was conceived to be 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 six 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 four south or building building four so when this project was originally conceived this was the architectural style of building four 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 decided that we were proceeding with phase two ten 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 taste had changed nearly two years had elapsed since our initial 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 complementary 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 revival style and so the team 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 it's not exactly the same mediterranean revival style that it was before but it's what i would call a contemporary interpretation of the meisner style of architecture it does have some of those mediterranean stylistic touches to it and very particularly you note the arch now form that exists again over that port cochere 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've gone through this 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 cochere form that large arch with the 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 two and a half feet deep by eight feet 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 two and a half feet for approximately eight feet 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 foot six 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 their car obviously and the valets will be attending is a little over seven and a half feet 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 showing and plan the richness of the streetscape at this location you can see that there's a very deep 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 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 stanchion one of the several stanchions supporting this public art piece this janet eckleman tensile art form which will be connected to four of our buildings 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 in this particular portion of the building where we have the encroachment where it meets the ground at least it extends where it's cantilevered as well as you're aware is the base of that piece that supports this public art that extends over seventh and so again the reason why we're asking for this and there's the technical justification that i provided 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 and uh as we go to staff we'll note that mr patton's here all right so this request is associated with phase two of atlanta crossing specifically building four south which is the second building north from atlantic avenue as this is a unified site plan the product 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 to 60 feet for building six and three and for the density to be increased to 40 dwelling units per acre with the provision that they provided workforce housing the class five 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 two site plan modification and waivers were approved to meet many of the requirements that were listed in the settlement agreement another class two 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 two and building four south the city received a level one application for building four south to modify 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 f4a2 of the 2013 land development regulations to reduce the front setback along northeast 7th avenue from five feet to two and a half feet 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 five feet the requested two and a half foot encroachment accommodates the port crochet the structural pier supporting the art it's the art installation and the pool deck on the third floor for clarification here so this is the pier that's right here that's going to be encroaching down to 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 two and a half feet the approved streetscape adjacent to this request consists of an eight foot sidewalk and a 10 foot wide landscape area or what we call today a curb zone within the 10 foot 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 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 for discussion shall we start with mr cope sure thank you excellent presentation by my party 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 it was no that this that this that this is uh this doesn't negatively affect the public this doesn't uh uh 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 always appreciate you know proportion and uh the rhythm of the that he's uh alluding to with the entry um i find it very supportable um that you know the drive through the portico shear 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 can't wait for the uh the public art to fly through the two buildings on the west i had no idea that it was being anchored back to this corner or this part of the portico shear 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 flickering up there anyway that's enough i've been supportive thank you it's monica i have no comments i would be in support of the waiver mr strong mr patten can i comment yeah yeah i missed it you know yeah i agree everything's internal um if you if you if the closing of the space makes it more you know makes your customers and patrons uncomfortable that's that's that's on you i will i can't wait to see the artwork either let's hope it let's hope it gets done thanks mr chart um i'm wondering if it impacts the two-way traffic on seventh um in that area or i think i heard you say that the the lanes are not going to be narrowed on that yeah correct there's no impact at all on northeast seventh that's not affected at all by this waiver request okay um secondly i understand the piers why the sort of the eight feet 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 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 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 23rd 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 mr katz sure um i am in favor of the the change i do have a question though that the only concern i guess you'd 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 showing in is it going to be very welcoming 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 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 that was a biggest a big concern back 100 years ago 100 years ago was there's no surface parking you know there's no that's right you know people feel well people feel comfortable 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 five pound 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 if i can maybe go back to it's very nominal in nature it's really just removing of a few plantings this image shows it quite well so this image shows the landscape planting plan and plan obviously and if you can see where that pier is touching the ground the one that we're discussing there we've just basically removed some ornamental uh you know shrubs from what 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-foot planting zone between the street and the sidewalk remains as it was prior to the waiver request okay feet wide yeah okay um yeah i think i don't know how to say this i i completely understand the requirement for the space for the for the uh valley 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 we were being we were responding to um the sprab board 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 i support this i think it's reasonable you want a motion if we have a motion please motion what you want to go ahead go go for it staff had no conditions right okay great i'd like to move uh the recommendation to approve the city commission of the waiver request for atlantic crossings pz 182-2025 located at 777 east atlantic avenue the reuse the required front setback from five feet to two feet six inches along a portion of building four s adjacent to northeast 7th ave 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 coke second by ms malica and ms miller if you would call a roll please jim churn yes mitch katz yes deirdre strong yes roger cope yes price patent yes judy malica yes gregory snyder yes the motion passes uh and i would just ask of you that you push the city i understand that you gave the money already for that light that you push the city to get it done because okay for safety that needs to get done understood thank you thank you thank you for your time thank you very much thank you all right we can move to the right one okay so we could have uh item 8b please good evening board members alexia house 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 any ex parte 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 air farms the um brusos i 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 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 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 patten none other than the uh 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 cove 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 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 queensville martyr with the zip code of three three four four six i'm here on behalf of the applicant just before we get started is is there a petition that was submitted seven i think he met staff report it says 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 we also have our traffic engineer andrew trautman and our landscape architect i believe is here and my client mr fazio has joined us in case there are technical questions about car wash operations 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 uh mention one thing um the chair went over the quadjudicial procedures we do have neighbors here 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 the neighbors i just wanted to make sure tonight that um there's an understanding that we're not seeking to rezone the property it's frequently the case when a conditional use or special exception application is is 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 were 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 case that i found to be helpful because there seems to be this conflagration this mix up between a rezoning and a special exception or conditional use application those are sort of synonyms so this case uh from rural newtown 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 rezoning the burden is upon the applicant to clearly establish the right to the rezoning a special exception or conditional use as opposed to a rezoning 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 rezoning that this site has been general commercial for quite a long time and our application tonight we worked really hard to comply with all of the criteria in your code for a conditional use for a car wash use in the zoning district and so with that i'll turn it over to bradley miller to go into the details thank you matt for the record my name is bradley miller with urban design studio the zip code is 33401 up in west palm beach and i am the the land planner on the project and our firm also did the landscape architecture for the project just to 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 two brothers started up in the northeast area and then it's continued down here since 1978 sunny's sunny's enterprises is it turned into a parts and and a type of facility that supports the mechanics of car wash facilities 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 sunny fazio 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 palm beach county and 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 we've got just shy of an acre and as 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 the city oftentimes does this with an annexation is they apply to 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 approved uh for a self-storage facility on the property that was four stories uh didn't ever 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 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 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 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 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 a military trail some parts military trails 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 hundred 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 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 percent 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 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 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 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 the driveway on the east side uh around the perimeter of the property you can see we have very lush landscaping uh throughout we do exceed i mentioned that before we do exceed the open space requirement and we have 10 10 foot wide landscape buffers along the south and the west which are adjacent to the residential and along those property lines we have an eight foot wall uh six is is usually the norm uh but we've increased that to an eight eight foot 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 feet uh which we comply with and then we have a wall uh that is six 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 and hedge material in there and a four foot masonry wall again to to help with the the screening and and 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 or the eight foot wall along the south and the west six foot along the uh eastern side uh up against military and then uh the four foot wall uh on on conklin 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's traffic and there's queuing and uh this uh through the traffic analysis that we're required to do and ms 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 five minutes left oh okay go fast i didn't know there was a time history um so to go to go faster queuing i went through uh those we've got the three lanes all of them meet the uh we have a minimum 100 feet 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 is has been brought up we have light fixtures the the yellow circles there are actually the light fixtures that are are fully uh screened from view and if you really were able to zoom into the outskirts of the property on that exhibit it's showing zero spillage uh going off of the site the triangles are more uh building lights that are uh up a close 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 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 goes out into the roadways 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 topes and browns uh we again work 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 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 uh 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 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 waivers 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 death 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 on general commercial is because under the code as of right no conditional use are liquor stores drive-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 much lower far than the code would require and so considering the fact 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 provide 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 point yeah 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 to have to fall off you're trying to record it it's it's all out there and it's it's live and it's not going anywhere oh you can record yeah it's all recorded on youtube it's it's streaming live right now okay felt bad you're gonna be there for hours miss howard miss rosenberg uh yes it would be me hi okay good good afternoon board members um again alexia howell senior planner um for so tonight we have the purpose of the meeting is to present the level four site plan application in a conditional use for recommendation to city commission 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 but i believe the applicant did well through job so i will try to go as fast as possible um it is a gc zoning district with the land use of gc um the zoning district directly to the west is unincorporated uh palm beach county agricultural residential and to the south and east is a low density residential and to the north is automotive commercial um and the proposed use is a 4207 square foot automatic car wash with a far of one-tenth of an acre um so here we have a street view of the subject property at the corner of conklin and 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 in 2020 um a privately initiated zoning rezoning from sad to gc in a city initiated land use amendment from trn to gc for a uh o'reilly automa 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 meanwhile to the west is a single family from palm beach county and to the south is a is attached single family uh which introduces a sensitive boundary line along those two borders um and so across the street is the entire kingdom with a gas station and across the street from military is the high point of delray neighborhood as well as a cube smart storage facility um i just like to highlight that the site uh sits in between the major corridor and the existing single family development which makes the conditional use request under 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 transit 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-through 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 single family residential and then to the north are the commercial uses and so the proposal is for a car wash that includes a one car tunnel mechanical equipment storage restrooms break room and office the site also includes a 19 parking spaces at the front with uh camping cup canopy coverage um and the hours of operation are from 7 a.m to 9 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 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-by-case 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 stops tonight and dies and the city commission has the authority to revoke the approval and the operation of the use shall cease 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 in addition to the findings both requests shall also be analyzed to its performance to chapter three 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 and 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 and compatible to the adjacent land uses and fulfill the remaining uh 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 and has designed characteristics um and has designed characteristics that are similar in intensity and development patterns to the adjacent uh properties um and in addition um ldr section 3.2.3 further articulates these policies into 12 standards and we've condensed 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 far 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 buffering and things like that we also take a look at the um how can we protect the 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 interlinks 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 the applicant did a well job kind of explaining how the overall operations of the car wash will operate so we'll not go into detail with that but overall here you have the property line highlighted in red we have a pedestrian path from military trail connecting to the site we also have a dumpster enclosure provided at the northwest corner we also have a a buffering wall along the southwest and east property lines and on the north property line we also have additional walls interior of the property at the end of the exit tunnel and we also have a canopy shade covering at the night parking spaces so here again with the traffic circulation and generation overall the project met the traffic generation and there were no concerns with that from the palm beach county in terms of circulation whether there's impacts to conklin drive with circulation and overflow we required a stacking analysis from the applicant and they have graciously provided that stacking analysis based on that analysis that has determined that the uh all the queuing will be remaining on site and there's no overflow of stacking onto conklin drive we've also requested a noise study to determine the impacts from the car wash so here is a noise exposure map expert from the study as well as table b which relates to the noise levels so as mentioned the code requires a maximum of 60 decibels measured from the property line and not to exceed that so overall the study determined that the car wash does not exceed the 60 decibels measured from the property line however staff would like to point to you the threshold is being reached really closely especially to the interceptors r5b and r9b so r9b is to the left top corner of the property closer to the single family home and that is measured at 54.7 decibels oh thank you and r5b which is at the southern east corner is measured at 59.4 so as you can see it is close to the 60 decibels but it is still meeting the minimum requirement as to lighting levels there's no concerns with lighting levels all the exterior lighting does not exceed the 0.25 foot candles and all the lighting is proposed to be full cutoff lumineers in regards to the landscape the the applicant really went through with the whole landscape application so i will not go into detail but there is a mitigation that is provided with this proposal which includes the removal of five slash pines and the replacement of that with five simpson stoppers 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 special landscape and they have provided that as well and in terms of architectural elevations the board shall consider if the proposed elevations are in good taste and good design and harmony with the overall city and the context of the neighborhood and here are some renderings at the below as well as the elevations and overall here are some summary considerations for the board the board shall consider if the use is appropriate in its context and adequate mitigation measures have been implemented such as buffers walls and proper site design also i'd like to mention that if there's any concerns the board would like to request additional information the one of the board actions is that you could continue a direction if you would like more information as to any concerns that you may have okay thank you uh this time we'll open the floor to public comment um please come to the podium which is actually a lecture um just one comment um i know there was a lot of people who 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 diane's supposed to make note of the time when we start yeah just let her in okay yeah make sure you're okay please when you come to the podium name zip code let me know if you've been sworn in and you're limited to three 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 there are people here that want to speak that have not been sworn in okay so we should be good well thank you for letting me speak how you doing everybody i hope you had a great weekend my dolphins won um my name is um harry vogel um my zip code is um 33484 um i moved here in 1972 from miami beach i have lived on conklin drive at 5097 conklin drive for about 25 years 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 stormwater and well contamination risk many homes on conklin including mine are on rely on well water for our entire house the engineering plans place the exfiltration trenches at an elevation of 12 and a half feet and the water table documented at 14 and a half feet this means the stormwater system is literally designed inside the water table this guarantees that wash water detergents suffocants oils and dissolved pollutants will enter the groundwater and migrate toward my well this is a public health hazard and i just 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 if the fabric is kept up maintenance wise it's only going to last three 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 and if the city approves this knowing that trenches are below the water table and adjacent homes use wells the city assumes liability if contamination does occur the applicant's own noise and lighting impacts the applicant's own study shows noise and level at 59.4 decibels right at the legal limit by the way 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 acknowledged that noise approach the established threshold i'm not sure about this though the photometric plans also show light spillage of one and a half candles at the residential boundary the applicant says there is no spillover but their photometric 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 pushing to 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 well water 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 site 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 a six-foot wall i'm gonna i'll stand up my front door and listen to vacuums all day long and seven o'clock in the morning on sunday morning i just ask that you just take another look at it please thank you thank you good evening good evening 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 is it code please yes sorry uh my name is david d'amico uh zip code is 33484 can you hear me yes i can hear you i'm a resident of sierra vista and i just wanted 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 20 250118 uh located located on 14 14 145 south military trail in delray beach rather than have uh multiple residents from my community make the same arguments i'm speaking on behalf of all of the residents from the sierra vista homeowners association i appreciate the uh the applicant's presentation but we believe it leaves out serious critical facts that directly affect our neighborhoods safety livability and property values across the country municipalities have been cracking down on over saturation of car washes recognizing that the unlimited proliferation serves no public purpose and often harms 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 this uh these comments have been put together uh by our association board members and also our attorney who uh unfortunately due to the uh short notice was not able to attend this evening so i just wanted to go go over a couple of points uh that the applicant had has claimed uh the first point being that the car wash is different and higher quality than nearby ones which are just accessories to gas stations with respect to this argument with respect to this argument uh with respect this argument ignores the core planning issue which is market saturation and not product quality 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 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 can say they're 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 away from three minutes but you just hit the three minute mark okay said what continue yeah for a little while three minutes okay hold on just one second are you representing an organization sir yeah it's your you're representing the hoa yes sierra vista okay yeah he gets three additional minutes he gets yes that's what i'm going to say we're going to get to be here no there's no there's two different distinctions i think we should give him three additional minutes quickly through these bullets so just have three more minutes please 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 uh parcel directly abuts backyards and the neighborhood recreation area a wall is not a substitute for a buffer a masonry 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 claims that the car wash adds only 166 daily trips less than a fast food restaurant and the county approved traffic this comparison is not a defense it's a distraction the fact that a different 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 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 cumulative impacts and whether the use actually serves as a public need negative impact on property values the property is already commercial the applicant claims the property is already commercial and that the walls and landscaping exceed code the argument misses the point entirely property values are not impacted by zoning labels they are impacted by real world conditions a high intensity car wash with hundreds of daily vehicle movements mechanical noise vacuum bays light poles weekend peak activity unquestionably 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 limiting or outright rejecting new car wash applications because they consume valuable commercial land while providing minimal 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 i'm barbara mccabe and i live at 33484 as well and i am also a resident of sierra vista 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 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 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 conklin and while this developed the proposed development will you know come in and out of conklin the only place that they can go from there is military trail which means that traffic traffic at the few allowed nearby u-turn sites 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 detection thank you good evening my name is mike caruso my zip code is 33484 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 nange kicks off the saint patrick's day parade every year with the three miniatures from the horse farm uh every saint 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 conklin and military we're sitting there for several minutes waiting for the traffic 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 showgrounds um in order to uh turn onto the northbound side of military trail we need to wait for not only the southbound traffic obviously the subside but the northbound traffic which is exasperated by the traffic that comes out of the boys market the traffic um cones that they put up right outside of the the boys market to 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 on his motorcycle from from a semi making a u-turn on that corner we went to the county and asked them to put a traffic light there in 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 situation there certainly does not lend itself to having 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 a 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 gotta 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 conklin avenue well 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 my name is natalie vendemini i'm three three four eight four 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 birder 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 on our water um there's chemical runoffs that could contaminate our lake through the storm 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 river otters um turtles um turtles uh raptors american kestrel gray 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 strikes we have really everything and this uh little 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 not good um and i don't know how many more minutes i have um yeah i would just like uh to protect our community's natural water resources and the potential harm um to our lake ecosystem represents it's an acceptable environmental risk in my opinion it also all of our drainage go to the ocean we're a coastal town we're a 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 sold for but it's there's a reason this is uh conditional it's 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 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 use for this property that's more compatible to the character of the neighborhood thank you so much thank you my name is robert burkland and 33484 is my zip code and i was sworn in the uh my my per i live in high point uh which is adjacent to our communities to the north uh and i happen to have to go out every day 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 it's very it's very realistic and there's people that are the people that are 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 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 i'm 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 the 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 because fortunately on 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's 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 168 is that what is that what they said boy i think i count that by nine o'clock all right thank you uh sworn in sir i am thank you excuse me i give these to you good afternoon jeff overstreet 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 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 decibels no one should need to put up with that also with the 17 and a half foot 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 refuse area and refuse handling are poorly thought 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 15 minute 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 conklin drive 52nd avenue south and sierra vista must navigate regularly there is no other option it fails to meet a number of requirements i 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 well water 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 conklin drive i represent the owner and i'm living there and since almost five years so i just want to concur to all the speakers beforehand i don't want to waste your time because it's life altering for me thank you very much thank you um my name is lauren richards 33484 i live in sierra vista my home is one that would face the walls of the car wash directly 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 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 my name is lynn holtzman uh 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'd 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'd 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 good evening uh my name is eric calcagno i live at 33484 zip code and i'm about four or five houses in on conklin drive there um i'm gonna apologize ahead of time it's 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 lived here a shorter amount of time than most of my neighbors about five six years um getting married soon we're gonna try and have some kids and uh we've already got a tire kingdom out 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 gonna echo and repeat for a lot of people i've already brought up but um just tonight to leave conklin to head north onto military dead 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 i'm sure that you had a little encounter with just how many vehicles uh passed 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 a few things that did stick out to me as well as 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 when that when the people leave that 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 ave 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 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 galanti uh high point uh three three four eight four eight five i think maybe but um i just have a couple of comments one uh i don't think a six foot 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 no matter what 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 beautification 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 because i have to make u-turns every time i go do something on military and it's 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 you laugh but it's serious nobody's gonna 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 pro 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 residential area now i heard rumors i've been in delray for like five 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 that 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 planner did a terrific job just doesn't belong in this community especially in that location that's all i gotta say thanks good evening ladies and gentlemen of the board i'm so pleased that you're can 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 got the residents of conklin and 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 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 south side of la sedona so i'm farther away but i can hear tire kingdom uh their machinery when they i guess take on or put off 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 we appreciate new business in the area delray needs to grow and it has grown but this is an inappropriate use of that 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 non-gay caruso 33484 i don't really haven't heard enough about how really bad that intersection is if if i'm daring enough to get out into the intersection in the middle 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 a quite uh difficult to navigate 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 car accident there and 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 leave entire kingdom they really don't care they just pull out they don't even look now you're dealing with who's turning on to conklin um heading south and now you're facing the person that's coming at 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 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 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 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 um i just want to comment that you do have three minutes for rebuttal but if great up to the board's discretion if they want to give you more 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 west on 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 in 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 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 i also want to directly address someone's concern about the wells that's a fair concern it is a requirement of an application like this that we have storage tanks on site and and that we treat all water before 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 there's something else you want to do this is my client um is it okay if if they continue yeah we'll just give the city the same amount my name is jeff fazio 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 leach field that could affect any wells or water table in this project we have a design 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 business 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 two-week 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'd like to make a clarification rafika brain 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 the clarification this is a conditional use approval a conditional use approval the conditional use is not permitted by right it adds it is at the board discretion after examining the 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 said 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 mr katz just appear mr chart where do you like to start i pass you can i'll i'll do my best um could uh 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 leaching into their well water 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 precast which then overflow to an oil water separator those tanks get service regularly through uh a pump and tank company but we tie directly into your sewer sanitary sewer storm sewer is exfiltration 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 run off from the um hard surface is is that what you're saying that's uh your uh asphalted area yeah outside the wash bay has nothing to do with the wash bay the wash bay 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 too but you're probably i'm the guy as a subject matter expert in our industry i'm the guy um the 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-enclosed 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 are you only talking 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 photometrics a little bit sure 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 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 site triangles are illuminated for clear traffic as part of staffs you know procedures as they go through the lighting plan so uh i think the police call accepted uh as their their review did they do a review of this plan my understanding yeah yes so that is part of the technical advisory committee and they reviewed the plan and does that include the height of the poles those poles seem to be 17 and a half feet i think that's that's correct the height of the poles are within the ldr requirement so stuff and the photometric is meeting the requirement correct and do those lights stay on all night a site that goes dim at a certain point you're going to create you know a bees the honey situation where you're going to have people camped out there in 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 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 photometric 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 with staff on and just a little bit on on traffic uh i think the number per day uh probably not counting saturday and sunday is uh 166 i heard the amount of the traffic i'm having that traffic engineer come up can you state your name please good evening my name is andrea troutman with pinder 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 one tunnel car wash so can you tell me how much traffic is on conklin today and what increase that percent increase that would be we did not as part of our study count conklin 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 one percent increase that's one thing if it's a fifty percent increase that's a totally different thing given the number of houses and the horse farm that was discussed and the tired kingdom i would think it's greater than a one percent impact but i do not believe it would be a fifty percent impact okay so but i i do not have any information okay on the traffic on conklin and my my last question on traffic is uh stacking is is that part of your the trotman study also yes the city requested us to do a detailed queuing analysis and we looked at the processing times for both the retail and the membered lanes and we looked at a peak hour peak of 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 we assumed let's say they all come in at 15 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 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 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 isn't required of the city and we determined that the queue is not going to exceed what they are providing okay and then i can see a queuing possibility at the end of the tunnel as the cars are making their decision either 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 katz we get your chance now yeah we can mr pat sure um thank you for your your presentations and thank you for your your comments i had a couple questions of the 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 manufacturers 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 in and actually took readings on military and all those locations that's also part of the report yeah 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 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 eight by eight 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 hydrologists or sound engineers or traffic engineers um but the uh hold on just a second through the wonderful world of ai excuse me you can just limit comments from the public please and just public comments closed this is um this i think it'll be the the sound of 60 decibels 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 that i went by the um what's it the um the rub it up which is a car wash may not be technically as as advanced 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 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 rub-a-dub which is in a comparable situation but i would i would lose my quality of life really so so i'm with you and rub it up is a location that i've equipped i mean and or 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 decibels 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 rezone their personal plan it just seems like if somebody came in and tried to zone it a commercial 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 rezoned 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 rezoning um nor has an applicant come in to rezone it so the answer we haven't that hasn't been looked at yet then um so like i said i'm concerned about the cadence noises uh i wish the phases were a different point of work but that's not for me to say now um another concern is the is is the hours of seven to nines um seven days a week i that doesn't give anybody a break from um from traffic it doesn't give anybody a break from noise it's and and then the other concern was the uh the the refuse pickups at night i mean i i don't know that i mean you can sign up for at night i suspect but who knows what time waste management comes to to pick up their stuff and that is a pretty loud bang anytime you want i mean you could do after hours i mean we prefer it not to be during operating hours but you know we could do it at seven o'clock in the morning i mean we we had we worked with waste management as part of the process they gave us a letter and said what do you want 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 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 ameliorate any the the concerns um but i think there's there's opposition to simply just having a a car wash there um so i think that's all the questions i have for now thank you okay mr strong no we're gonna leave here for the last next door 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 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 decisions not on our personal feelings but based on whether or not it meets the required uh you know 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 as well as uh area 9 90 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 are 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 uh and you gotta stay within the confines but i appreciate staff because you said something very irrelevant 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 met am i correct in that assessment um um yes um okay sure that's correct so that's categorically incorrect that's categorically not what the law says just a second he wasn't asking can you give me conditional uses at the board discretion so there are findings so if the board find that the two findings 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 so that means you may wish to consider additional conditions regarding hours of operation uh monitoring of the equipment uh additional buffering um things about the noise or the lighting so that's also within the purview 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 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 because 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 multi-factor approach right because you are considering uh your main consider 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 okay can i just comment on that since we're talking about the laws 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 that'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 yeah can you give me that site yes absolutely it is uh 315 southern second 478 it's from the fourth dca okay 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 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 poll 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 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 did there is nothing in the staff report that speaks to any code requirements we do not meet and so i apologize if this feels adversarial but there's a lot that we've invested in this process and so we're asking 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 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 yes uh 488 478 4th dca 1975 i'll send it to you as well rule newtown right what rule newtown yes yes yes if you allow me like the last thing i will say here is staff do not uh provide perceptions or opinion stuff provide the facts from the ldr and on the screen is the ldr definition of a conditional use 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 rebutted me by saying that wasn't contemplated 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 out 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 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 conklin because 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 conklin conklin is that how it's pronounced so i don't know it feels like there has to be a light for me otherwise it's a safety issue a couple years ago in west palm beach on southern and olive mint echo car wash in 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 correct thank you i just if i could comment on that only if the board allows excuse me excuse me just a second i know public comment is closed is correct public comment is closed thank you no public comment is closed sir i'm sorry he's not the public he's the applicant are you finished yeah but please don't who's next mr coke oh sorry you wanted i just wanted to comment on the mint 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 right taking an architectural existing trees on the site and i was i barely by the young lady who stood up and talked about the wildlife and so on and so forth but and then there was a slash pine a slash pine mr uh uh that stuck up above everything yeah so huge i'm hoping the answer is yes but i'm asking if any of the existing i read i scanned the arborist report couldn't answer it myself are any of the trees being saved unfortunately no what's that 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 any sort of construction activity compaction grading unfortunately they they cannot be preserved where they are actually speaking uh and with respect to sound they're putting an eight foot high wall along the entire property line that separates them from the tennis courts and the homes to that immediate back side which are basically two two folks is there any way that we can uh it's an eight it's an eight foot tall or ten ten ten eight foot tall it's sorry eight foot i corrected myself eight foot and i know in other cases uh not necessarily uh this evening but we've increased those walls to ten feet and maybe a few cases uh and i'm wondering if uh you know two feet would help a certain amount you know it's better than an eight foot tall wall i would just throw out the possibility that we uh seek or offer that as uh as 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 uh uh maybe bradley can answer this uh the the and price when you talked about the uh the servicing of the dumpster uh 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 wondering why bradley why the dead-end parking uh it comes with an five or six feet of the entry drive to tunnel did you guys ever study that being connected so that there's you know an interconnectivity there and would that make 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 we did study that over and over it's um it's an adage that people 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 gyrations and locations uh whether it was a a staff circulation uh concern or if it was a uh security when you open up that south end it opens up for people just to be able to come in and 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 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 sure 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 eight feet was as high as we could go there if if not then uh yeah just to clarify so the maximum height allowance for walls in the ldr is eight feet 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 the the plan there uh so the the the yellow building the the northern two-thirds 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 also mitigated leveling up the trees where the concentrated noise level might be which i would assume would be the west end of the tunnel in your studies that the decibel level is is meets the intent of the code yeah we're working on off of the the the city's powerpoint but within ours one 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 pretty thick already um you know i would defer to rob to but once you start clustering them too close they don't survive either um 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 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 there are um 11 trees and 18 palms that exist today it's probably 288 or 290 maybe 291 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 it's actually the last thing uh two last things uh brandon i'll address this to you uh 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 part the upper right the storefront that's that's uh to the right in that image you know 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 or an office and then if you jump to the north elevation where the felt you've got the bubble around that you did a revision apparently at some point uh the pedestrian door coming out of that same space my minor criticism is that that storefront 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 it's that door going to stay on the on the door for the safety plan okay does that make any sense yeah yeah the height is i think 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 you promise me that you'd make it the same height i mean so we're not designing from the dais here we would never do that so the compliment that i would extend is the is the the uh 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 uh facing conflin uh is extremely interesting i hope it's as it's interesting in real life as it is on paper uh and so i just wanted to compliment everybody on that and the architecture in general is great so the bigger issues are obvious it's real cool if you don't okay we're back to you i'm ready um so i have 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 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 about it we can feel that energy and ask those questions so i get the frustration um but hopefully we're and 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 say 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 abuds military trail a mile up the road um i hear the traffic on military at all hours and i 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 someone 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 like my life 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 the 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 myself do i really want to make this left here because it is not very safe at the moment um i have a question from mr um fazio the the trips and i know you're not the engineer did 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 so is that is that my question just an honest question is that a realistic number because i i feel like it's gonna you need that number to be higher than that 166. am i am i wrong i am here i mean i you're asking me a question if my business i mean you want you know these you know this is 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 three hundred people to come a day 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's okay i appreciate that if i had data to offer you i would offer that but i mean the only comparable that i've been able to go observe and i did after i met with your staff or the not staff with the the attorneys was go take another look at the car wash on military sorry lions and 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 traffic 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 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 you think you brought up the hours like 9 p.m who's getting a car wash at nine o'clock at night um you know i think if it is passed i'd like to see the hours reduced as a condition so um can i offer a compromise uh in the winter eight o'clock daylight savings to nine o'clock so that's i mean that's just six months of the year 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 compare 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 um only i think i've heard it i mean i don't think you're going to change fair enough i just don't okay that's fine let's see what he the chair maybe ask some other questions but i mean 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 that everything's done a really good job i think it's a really good plan for a car wash the architecture's 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 i-95 use the use of the development review process to determine that development redevelopment adaptive reuse is consistent with and complementary 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 complementary with the with the surrounding neighborhoods and so that's my position now we're at a point now can i just 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 if i can find those i wasn't making a comment if you can put those up on the they're on the i just can i i want to 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 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're applying the ldrs as they were on the power point absolutely i'm i'm gonna i i feel bad i you want to answer that question about the trap my concern i'll give you that time if you'd like you want to vote the trade when i said no 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 eight 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 is 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 they would have to go south where they can 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 yes please make a motion and make a motion to deny a level four site plan application and architecture architectural elevations and landscape plan including and conditional use resolution number 210-25 to allow a 4207 square 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 okay we have a motion to deny by mr katz seconded by mr patten and miss miller would you call the roll please yes to do so yes is to deny yes is to do yes is to deny jim chard yes mitch katz yes didrance john roger cope price patten wait i can't yeah he said no he's in front of the project roger voted no on the denial mr patten yes judy malica yes gregory snyder yes the motion to deny pass is uh five to two five to two actually actually want a car one is that if i can really yeah at this point we're we'll take a five minute break five minute break i'm going to take a five minute research i'm very good i'll tell you what i told so i personally wanted to call us it just doesn't make sense what would my practice back do i like what they're doing i wish they did a different spot thank you for understanding i kept going back and forth doing the whole thing the meeting is resumed if you had to read the next item 8c into the record please yes i would like to enter file number pz 14 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 uh ex-parte 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 not near the last site we just talked about oh oh yeah 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 three three four four four six i'm here on behalf of fifth third bank i want to call up the architect though that's going to be leading the presentation sorry i just want to make sure you were sworn in because that was so long ago now um mr the architect i was wanted okay good evening my name is tim loken i am with bdg architects and my zip code is 28202 so as you mentioned we're here on behalf of fifth third bank to present this proposed new branch bank on south federal highway and do i have the clicker 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 okay so we're here on behalf of the bank asking to construct a one-story standalone branch bank which includes a drive-through with an associated waiver to reduce the minimum floor area from 6 000 square feet to a little over 2500 square feet um as i mentioned on south federal highway the property is 0.87 acres its current land use designation is general commercial and the zoning district is planned commercial the existing use there's a vacant drive-through restaurant on the property and so we're proposing a financial excuse me a financial institution with the drive-through um here's the site highlighted in green um as mentioned you can see south federal highway and linton boulevard one of the nuances of the site that you'll see 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 old dixie road 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 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 vision for revitalization and redevelopment of this corridor a couple of computer generated models of what the branch bank would look like again we'll be demolishing um the existing for a little over 2500 square foot bank including the two drive-through 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-through queuing meets the 100 foot stacking requirement we'll also be redesigning the stormwater and the site incorporates two stormwater retention areas designed to retain on-site runoff and comply with the drainage and stormwater quality standards here you have the site plan that's colored with the landscape you'll see south federal is on your right with the ingress into the site plan south of the building and as i mentioned on the the existing site condition there's also a current entrance into the site about where the building is that provides that straight cut through to old dixie and so we believe that we're improving the site not only with the landscaping the stormwater but also in the maneuverability of the site if somebody did want to come through with the intentions of cutting cutting through um they'd 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 and then more specifically about the waiver requests 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 waivers one was to the minimum floor area um i believe that the 6 000 square foot 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 parapet 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 parapet wall we're 30 something feet below maximum height anyway so it's not that we're exceeding total height but there are some criteria that we look for relative to waivers um and compatibility is a frequent consideration i believe we had a slide about some of the development so what's 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 square feet and there are it would seem all new development in the area is less than 6 000 square feet 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 square feet but here is some more evidence to that point about the existing developments that do not meet that 6 000 square foot minimum requirement um you want to talk about the design scale though and how you want to make it to be compatible yeah so um we're going to start to kind of add into the design of the building here so um again to the topic of the parapet uh here you see a building elevation as well as 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 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 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 five foot eleven and i think the ordinance is at four 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 parapet 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 harmony harmonious characteristics of scale and proportion um just thinking of you know the length and width and height of the of the space 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 an anephas painted a neutral it's called dover 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 to a separate signage permitting process 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 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-through in the back in the rear that's frequently a consideration with drive-throughs is their visibility and from the street but then also i i thought that our landscape architects uh design of this sort of landscaping triangle in the frontage will objectively be a drastic improvement for this area of the corridor because it's a it's sort of a heavily landscaped frontage right in front of the the new building so with that being said we would respectfully request approval thank you thank you so the request before you is for a level four site plan to construct a fifth third bank located at 1820 south federal highway the property is located in the planned commercial zoning district the site is 0.87 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 of another bank a few restaurants and an automotive dealership a little bit currently on site there's a one story three 397 square foot building with a drive-through 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 two thousand five hundred and seventy eight square foot freestanding bank the site will also accommodate a drive two drive-through atm lanes and 15 parking spaces the applicant is requesting relief to ldr section 4412 f2 to reduce the minimum floor area from the required six thousand square feet to two thousand five hundred and seventy eight square feet the board will also need to determine if the additional height for the parapet parapet is appropriate for the site and also the level four requires recommendation from pzp 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 the proposal complies with the standards set in article 3 2 and the conversion from restaurant to financial institution is not anticipated to affect the stability 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 lock coverage open space and setbacks are in compliance the overall height is in compliance however the parapet exceeds the maximum by one foot and eleven inches this exception requires a determination by the board pursuant to ldr section 434 j3a 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 4412 f2 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 the applicant is requesting to reduce the minimum floor area to 2 578 square feet the site is 0.87 acres surrounded by similar smaller parcels with freestanding structures under 6 000 square feet 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 either by doing the one-to-one ratio one-to-one replacement or by the dbh depending on the condition rating of the of each tree and 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 parapet utilized for the rooftop rooftop equipment screening exceeds the four foot maximum the parapet ranges from one foot to five foot 11 inches and the board must determine if the additional one foot and 11 inches 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 comments closed mr co um do you want to see if there's rebuttal oh i think you're right is there any rebuttal or cross-examination of nobody no okay now we can go to board comments i'm not in a hurry but it's a great great little building it's super well designed very tight and first time i've ever seen an architect use the uh the the proportionate what do you call that the golden proportions that was the golden it's not the golden triangle but it's the golden uh nautical whatever first time i've ever seen that so but it was pretty cute there's proportions in nature right it's a piece it's organic so uh very well designed little building i'm glad it's not 6 000 square feet uh uh really nice layout on the site with a group of the green space pushed towards uh uh federal highway and the you know their interface with chick-fil-a you feel like chick-fil-a is right on top of the property line right there with uh you know we all we've all gone through the drive-through 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 get i'm completely supportive of the two waivers including the the parapet that's such such a minor issue miss malia love it okay no problem with the uh reliefs mr strong mr patten no problems mr jarg well somebody has to stand and you're gonna guess it's gonna be about trees well let's start you know i think i'll take his uh suggestion um you know one picky uh question is why you call a bald cypress uh non-native yeah i'm glad you asked because that makes it worthwhile that my landscape architecture of all this way here 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 as a matter of fact you can see right here okay i'm done no it is a typographical error so how hard did you try to save some of the trees on there when i drove around on 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 know i think some of them a dbh must have been two feet in diameter it's certainly big no they're they're not that big but they're big and and so all five mahogany's 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 uh forgive me there is a picture of the front of the facade you can see how they've uh erratically trimmed these mahogany's uh to avoid the power lines and they're right there and so all those trees are four of which there's five trees we're remaining or that we're removing the mahogany's four of which are under 50 percent ratings they're they're failing they're dying the the um other trees there are eight trees on site that are under 50 percent 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 race 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 code violated and we would have to uh replace them anyway um and and the sable palms are the only two palms we could relocate based on the arborist report and then there is a there is a green button wood 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's 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 a guide for plant appraisal health condition ratings are in accordance with the ctla 10th edition guide for plant appraisal so it's an objective determination that you can't well he is a certified arborist so i mean he definitely his profession relies on him being okay i was glad to see you you saved the tababouya that was i love tababouya absolutely so so i wish they were native 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 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 mitigation requirements so in the end we're we're keeping 25 trees and palms 11 trees 14 palms and uh we're proposing 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 oh all the trees that are required by the city are 16 feet tall they're three inch 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 two in terms of coverage and well two to one i mean there's there will be 40 trees and 20 palms yeah and the majority of the palms are existing we're we're mitigating for two palms and we're adding four palms um i i guess that's all of my questions okay about trees okay all right thank you i do have some other questions i uh you're not limited to trees they're trying to pigeonhole me yeah 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 did he do that no i didn't so if he does come up we'll do a swear for him but what was 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 the atms and then exit okay so um plan south you see the green car and the red car so that kind of represents the car um actually is this all is that all ingress is that ingress egress come on oh does it work okay you got it dan i don't want to misspeak it's okay please raise your right hand by the authority of destiny the notary in the state of florida do you swear from the testimony you're about to give is the truth the whole truth uh diogo rodriguez uh 33602 and so could you repeat the question one more time sorry i'd just like to know the the route through the property because it seems like you have to go a long ways around to get to where you want to be and i'm just wondering that's a very narrow lot isn't there uh some issue of the difficulty of routing cars not to mention fire trucks through it uh so we do show a truck path part of the civil submittal to ensure that the fire truck can navigate through the site adequately and i'm not sure if you can see correctly i can't and on my glasses on right now but there is we did provide a pedestrian connection that leads all the way to the trash enclosure so patrons would be guided to go on that pedestrian connection and then they can go ahead and go to their parking spaces the ada space the ada space itself has its own crosswalk 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 we're highlighted into the building and and then the crosswalk that goes in front of the drive-through 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 provide a pedestrian connection itself unless we were to put one on the green space in that landscape buffer that's planned south but we do believe and i believe staff would would agree that this general site plan in terms of navigating is safe for not only pedestrians but vehicular traffic and like my colleague mentioned earlier the the removal of one drive through uh driveway sorry on the northern part cuts that through pass that's going to the what what is old dixie yeah old dixie um so we did try our best to go ahead 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 usually they can they can they can there is a truck there is a through um it's just not a straight shot which i think encourage quick 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 yeah the plannings so there's one there's one right there correct and then one right in the in the middle next to the drive-through correct and and the water retention tanks no no this is just a pond it's a pond is it dry no it's a well it's a it's a dry pond it's a retention pond it's still considered a pond but until it rains a lot okay yeah yeah then it becomes a wet pond yeah everything's in accordance and we do take that into consideration and um 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 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 in-lieu 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 in-lieu fee but that was not required for this project why would that not be there there 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 i want to disagree with roger a little bit on that parapet that's uh it's almost two feet above regulation and i'm not sure that is required i can see it for proportions from an architectural point of view but i'm not sure that's required to really screen the uh accessories on the roof particularly from a side angle point of view your your comment is valid if if you were standing on the ground uh that parapet 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 customer 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 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 parapets made quite large right 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 review all i can present is where signs typically would go but they've not been permitted is that okay yeah so correct the the sign will 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 just wondering if that might be some of the the reason for the size of the pair of it well again another part of the reason this this building is only 18 feet 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 parapet it gives a street presence right and so 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 i will also just put um because i think the staff's presentation has the drawing that you're in reference just so you can also see it too oh that's an example of the front door signage yeah that's what he's asking i think that answers your question thank you i yield um just a couple comments i first of all i i feel opposite mr chart on the parapet i like the fact that we're we're putting in our rules to more cover these un-gastly 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 because i'm never a fan of waivers unless it really makes sense and to me it definitely makes sense i'm also huge favor of reducing concrete from 6 000 feet to 2 578 feet and all those trees and greenery on that space is a huge improvement um you know because 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 gonna be nice to have some greenery somewhere in that little section because 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 oh six months ago that no banks were opening up in delray anymore we had to rezone a property away from being a bank so 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 abutting 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 parapet 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 six thousand foot building there would be ridiculous and it's appropriate to the neighborhood and so can we get a motion somewhere move to a recommend of 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-through with an associated waiver to reduce the minimum floor area from 6 000 feet to 2 578 square feet pursuant to ldr 4.4 point one two f2 by finding that the request is consistent with the land development regulations and comprehensive plan second okay we have a motion by mr katz second by mr chard would you call a roll please ms miller jim chard yes mitch katz yes deirdre strong yes roger cope yes price patten yes judy malica yes julie snyder yes that motion passes seven to zero yes yeah thank you thank you thank you okay good dog grooming bring treats for our dogs is the question yeah i drove by it yeah it looks nice it's already open i know that's why it's on tomorrow's commission meeting it's on the agenda oh okay it's supposed to have been a we messed up or they did i don't know something huh or they did somebody did because it's on i've never seen anything on our agenda and next day on the commission okay could we have item 8d 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 a second sir what is it oh it's not gone there easy oh here it is i'm gonna read it 322 2025 uh it's file number pz 000322-2025 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 the ex parte mr katt um i did drive by this weekend um actually i wanted i was curious because 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-through and look i do have a question later on that it looks like it's not coming for approval i drove by today too and had the same impression yeah i uh not only drove by parked my car and walked over and he'll look in the window please tell me they like nothing was happening yes nobody was in there it was locked okay and nobody gave them instructions so i go by the site okay thank you please go ahead 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 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 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 rafiq they've all been very wonderful and helped me get to a point i'm erica hearst by the way 34983 i'm coming from port st lucy um okay i don't ever do this and i don't ever make these so i apologize in advance oh 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 1600 square feet 624 retail about a thousand 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 appointment based 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 so this was just so you guys could kind of get an idea of what it looked like again super cute all those pre-baked treats out there 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 offered to do some assisting um hours of operation monday through saturday from 9 a.m to 7 p.m sunday 10 a.m to 6 p.m again controlled grooming appointments three to five 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 to 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 smells and 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 i think that's it the end thank you you're welcome okay i'll be really quick here um and i suppose uh ex parte is in order because i have been to a wolfgang bakery in fort lauderdale about six months ago and my dog enjoyed the sheep ear that he got there but um so good and so cute so again um 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 sell of pet supplies no overnight boarding 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 the hours of operation 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 within the four corners overlay district plan commercial zoning 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 again the floor plan the retail is 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 hindered the development of nearby properties this is surrounded by other commercial uses with the exception of some multi-family to excuse me to the south of it but everything in this area is commercial retail restaurant type uses this is the preferred zoning district and this is a use that is again allowed through the conditional use process that is here before you i'm going to go quickly through concurrency this is an established plaza with a comparable use our comp plan supports job creation and compatible land uses uses that are consistent and support retail within adjacent to residential areas 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 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 any rebuttals okay um mr charred oh yeah be nice can you ask if there's yes for public comment oh no is there any public comment it's empty seeing none public comment is closed now it's time for board and we'll let mr cats go while he's about school or start over here i think it's great um you good was it i did drive back because i was curious the and 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 is showing that with a good anchor how you can literally transform an intersection i mean that plaza is just really the last thing you've got to fix is the burger king another working issue that looks terrible there but um otherwise it looks great i saw from the outside and thank you if i go there with my dog it'll be a very expensive trip yes it will they are expensive but they're so cute and they're good so the dogs say uh a couple questions no trees i know there are no trees and i was like all night i'm like oh no he's gonna ask me stuff i don't know but do ask and i'll do my best do you have pine scented yes we hung up a few of those yeah we're gonna 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 they 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 one 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 and i heard you say you're not doing boarding but how about daycare are people 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 because 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 you 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 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 supposed animal waste that was what i was 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 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 uh and i have a question for staff there our package did not include a site plan is that the usual situation that's correct it was just uh embedded in the staff report itself uh 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 i'm sorry i just just for clarity i mean the only thing in front of them is the conditional use aspect correct yeah so my my technical question was for conditional use you do not need a site site plan is that not if it's going into an existing bay like this 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 you're welcome page three under the solid waste thing i think if you're it says you know it says 10.2 pounds of waste per year i think you made 10.2 pounds per square foot of waste per year may i put this in there hold please where's i did that i did that oh okay so yes no so i think that's right pounds per square foot per year so yes that was okay this is front okay no questions okay i really don't it's kind of like it makes me regret being a cat owner not a dog owner not a dog owner i think i mean they have the cats there although i'm not really quite sure what they if they groom the cats yeah not like the cats like 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 yeah it's already open when it isn't open you want to talk about the panic that ensued when that occurred and in my little over three years here you're the first person with sparkle one oh thank you for noticing i like to sparkle you should see the dogs yeah yes when they leave 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 woof woof woof the gang bakery and grooming to provide pet services at 5048 west atlantic avenue finding 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 mollica and miss miller would you please call the roll jim chard yes mitch cats didger stone yes roger cope yes price patten yes judy mollica yes prager snyder yes that's approved seven to zero woohoo i really want to celebrate you guys good that's so stressful good luck with the commission yes i know i i need some guidance by the way on that you're doing fine let's do it the same okay okay now we can do some ldr and i can just say that we are very glad to have a 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 docs and she's a boater and she knows a lot about waterways and all that so i'll give it over to madison 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 dash triple zero two four six dash two zero two five into the record the request before you is a city initiated request and a much requested staff initiated request to amend article 7.9 for docs dolphins finger piers and boat lifts repealing and replacing the existing regulations in their entirety we are also amending accessory use regulations in certain residential zoning districts in article 4.4 base zoning district for consistency with article 7.9 and by adopting new regulations for docs finger piers marinas and dolphins in appendix a definitions the reason for this staff initiated amendment is that the existing standards are too strict several cases have forced applicants to seek relief after the governing agency of the water body such as florida department of environmental protection u.s army corps of engineers have already granted approval for said structures as they you're 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 indicate that the regulations are in need of recalibration since my tenure at the city i started last summer in 2024 i have seen um i've seen three variances and four waivers 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 intercoastal waterway also called the icw has widths that vary from 130 to 770 to 780 feet the branches of finger canals that also dot the intercoastal waterway range in width from 70 to 130 feet currently we have a fixed number for docs and finger piers particularly finger piers to extend from a property line that set figure is 25 feet no matter where you are it's 25 feet if you are somebody with a large lot with frontage on the intercoastal and you receive approval from the army corps of engineers for a finger pier which is a dock that extends perpendicular from your lot line for example say you receive approval for 40 feet 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 dep 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 percent 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 i also wanted to share some photos of the waterways here in delray beach we have lake ida that's under the jurisdiction of florida department of environmental protection the intercoastal waterway and the finger canals are both under the jurisdiction of florida department of environmental protection and florida the jacksonville chapter of the united states army corps of engineers and we also have a few lots down south at the c15 canal any marine structures over there are required to be permitted by south florida water management district south florida water management district dep and army corps of engineers all have very similar requirements for docks boat lifts finger peers 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 finger peer 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 seawall with an accessory finger pier no more than eight feet 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 colorblind 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 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 meet the goals objectives and policies of the comprehensive plan and we are anticipating uh first reading in december 2025 and second reading in january in 2026. okay that concludes my presentation thank you all right so why don't you start you know i guess as long as it's um as long as the city commission initiated or city staff initiated i think you guys know where the problem is and and it's not going to change anything dealing with um if it's by nd or i hear it goes the water way no sir does all of your sudden have to continue to get those approvals right yes sir yeah no i'm glad you did it i wish it had been done sooner so you wouldn't get as many uh variants of courts but but it never got here now as opposed to sometime in the future so good job thank you same well done good for doing it roger uh what is the dolphin what is a dolphin in my humble experience growing up as a third generation floridian 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 pilings is a dolphin correct like several pilings just like with like with nothing attached to them well sometimes you know it depends on where it is but at the end of a pier you had three of them correct as a safety barrier yes wow interesting but your new ldr does not include the term dolphin does it no sir right you're going to call it a piling okay we're going to use the industry standard term which is a piling or pilings right dolphins a dolphin is bad i mean you try you're trying to avoid the dolphins you don't want to run into it it depends on the use and dolphins are typically used more at a port or at a wharf 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 okay cool right i mean the biggest thing i'm thinking of is like the lady atlantic and like when she when she pulls up to yeah yeah yeah at the dump station you know along there and and that's our public marina by the way right there that which is you know freshly renovated and spectacular i mean that 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 it's stuff on lake idon private piers and 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 no no no not so fast i i mean i find that kind of hard to believe so apparently you're trying to help that process yes we're trying to alleviate it so that it stops happening eliminate it right now they go to the state get all jump through all the hoops and then come to the city and say nope start over 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 somebody along the intercoastal 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 regular self-exempt regulatory permit and then depending on their location along the icw they have to seek additional federal regulatory approval army corps of engineers from the army corps of engineers yes but dep tells you whether or not you need army corps approval first and then let's say so let's say that they've gone through those two steps when does the city of delray get the shot at revealing 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 create 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 dep 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 sea wall and all that stuff right so you have to hire your contractor get your drawings the contractor applies with dep 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 dep 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 gonna do 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 three years said structures even though dep and army corps 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 dep 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 the property owner or the representative and well that makes a lot of sense off you go that's a federal agency exactly how in the world could del rey say to a federal that's what we're fixing we're fixing that the code was written originally in 1965 so assuming we'll have to make a motion to extend the meeting i make a motion to recommend approval to the city commission i just want to make sure we hear from everyone i have nothing do you have anything to say no there's no trees 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 lakeworth drainage district i don't see south florida water management 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 feet 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 forget my second oh yeah no good i want to hear the answer is that do you count that do you count the yeah yeah yeah yeah when you have the finger pier coming out from a dock do you include the dock with the finger pier and counting the 25 yes because it's protruding off the property line so that wouldn't 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 seawall or not if but it would be from the wet face of the property line okay okay okay so some of these canals are like 20 feet wide they would be required to get their approval from lakeworth drainage district dep or whoever maintains the waterway we would not issue the permit unless that was included in their submittal we can't so that's part of why we're codifying that approval being required as part of it just seemed to me that that given the 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 finger piers 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 feet from the embankment itself they do not allow protruding structures into the canals trying to remember all the piers i have voted by i i think you're right i don't think they're very many peers in this city right i mean i mean you know marina do you mean how many dolphins no cheers oh yeah we've got lots how many dolphins have you seen not one you ready can we have a motion 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 base zoning district for consistency with article 7.9 by adopting new definitions for docks finger piers 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 mallica and miss miller would you please call the roll jim chard yes mitch katz yeah danger strong yes roger cope yes price patten yes judy malica yes gregory snyder yes okay that's passed the second ordinance number 30-25 we would need a vote on that as well second vote recommend approval of the city commission ordinance number 30-25 isn't that the same number no dude 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 initiated amendment article 7.9 docks dolphins finger pairs and boat lifts repealing and replacing the existing regulations in their entirety by finding that the amendment and approval thereof is consistent with the comprehensive plan and meets the criteria set forth in land development regulations yes so we have a motion by mr katz second by mr chard call the roll please ms miller jim chard yes mitch katz yes did you strong yes roger cope yes price patten yes judy malica yes gregory snyder 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 that's good now we can go to 9b and we get some different we don't but we can there's nothing on 8c 9b no so let's see we uh appreciate the patience of the board on this link 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 pz 000166-225 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 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 rezoning 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 colloquially refer to as de facto 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 feet 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 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 you may need to seek a waiver from the minimum lot dimensions if you are doing a teardown and a rebuild or 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 are 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 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 feet is the minimum for r1a zoning but a lot of the lots are between 4 000 and 7 000 square feet and the interior lot width is a lot wider than a lot of the lots that exist um 40 to 50 feet is very common um and then again as as i noted before if you are applying the minimum setback requirements it becomes very difficult so it could result in a scenario if you had a corner lot and you factored in that um the setback in the lot with you could end up with a house that was only about 17 feet 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 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 those require some more um some more regular regulations to be written before we bring that to you but 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 neighborhood are not typical lot dimensions um the rm zoned properties within this area again are not typical either some because like you see auburn trace there but then there's others um up just south of uh west atlantic avenue but um with the exception of the 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 map of the single family zone properties within the northwest and southwest and it shows um how many parcels are less than the 7 500 square feet and as you can see it's it's a huge number yeah the green is um those that do not meet the minimum lot size um yeah so um this again osceola 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 platted 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 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 plot which was recorded in 1910 it 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 feet 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 plot 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 plotted 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 long-standing 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 a 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 current configuration since october 1st of 1990 that magic number when the there was the um city-wide rezoning 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 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 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 rewording 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 90s was very verbose and not directly to the point so So I think in this regard, it's going to improve the process for our development community. And then also in this section, 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 looking to revise this section so that if a property was previously developed, it could be developed 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 require half of the units to be workforce. And this change is not proposed because staff is not concerned 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 usable within this neighborhood, especially. And then this is another significant section that we were looking at here. We were preparing regulations specifically for legacy properties. So any legacy property could be developed or redeveloped, whether it had previous development or not, for a member of the family without being subject to the workforce housing requirements. And they could use the plat exemption process to 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. The plat exemption process is not a far reach from the survey you would need to build anyway. And then we're also, throughout the north and southwest neighborhood, if you are providing workforce housing or if it's a legacy property, we are expanding some of the reduced setbacks that were previously available to allow these properties to have a setback that's more appropriate to the configuration of the property. And again, we are just making in our workforce section, which is primarily devoted to incentive areas, we added these incentives here about setback relief for the provision of workforce housing to make it more easily accessible and to add the breadcrumbs throughout our LDR. We really think that this is a way to give private property owners more right to use their property, whereas there's an inequity in how the regulations are structured currently. And so this allows people who have that vested ownership right to use them more effectively. And then we have policies about using innovative planning practices to incentivize the diversity of housing types 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. 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 direction on things like this. But, yeah, I think this one was one where we were looking at whether we should take the really conservative or the more liberal path. Yeah, the state report says a lot of record. Where is that? When I read this, I got the impression that it could be a lot of record. A meets and bounds lot could be a lot of record. Yeah, so unfortunately, we posted two versions incorrectly. So I think the one version where we actually say, you are a lot of record if you can prove the ownership. Right. Whereas the other one, so it would still give a path to use it. But I think maybe the top definition would give more leeway. A lot of record is a part of a subdivision recorded in the office of the clerk of blah, 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. Go ahead. How does it differentiate between a lot, the number one, and then meets and bounds, and number two? Are they 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. The hurdle being ownership? 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 $3,500. 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 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. And then we would also 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. That's regulated. It's crazy. Especially when we're looking at why. They're not new to dark. Processes are the way that they are. So the least restrictive route in my opinion is probably the best. If it requires waivers or exemptions, I'm fine with that, personally. I agree. I agree with that. If I could speak. Yeah. What I thought was trying to happen here is to allow people to use their property more easily. The property that they own, there's a bunch of rules about being platted and blah, blah, blah, blah, before you can do anything with your non-conforming lot. And what I assume you are trying to do, what I think we want to do, is enable people who, if that lot's been there like that, 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 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 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 that we are trying to address here. So the one where it doesn't make sense to continue to force waivers 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 records so that it can be more developable. Yeah, that's what I would say. So how do we, how do we express that in a motion? I need to compare it to the map of the West Settlers Historic District boundary. So for 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, I didn't compare it. So let me make a note to do that. And then this applies citywide, right? It would apply citywide, but mostly applicable, I think, in the north and south. And at this point, we haven't looked at extending that 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. No, anywhere that it is, anywhere that it's, yes, citywide, but mostly you would see it as applicable in either RM or R1A zoning. Yes, they would be, they wouldn't have to seek relief. Although, I can't recite the historic process off the top of my head. So you probably could, but I think we have a lot of provisions already built into the code so that if there's 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. The, whatever was applicable to a historic property would be part of the, let me see if I can. So we are looking within the Northwest and Southwest to allow relaxed setbacks for some of these non-conforming. So if, say, you were wanting to build somewhere else and you just wanted to build your house bigger than the development regulations allowed, you would have to get relief. This is more a regulation designed to fit better to the properties. Like when we've talked about this internally, we've talked a lot about how we're all for enforcing the rules if they make sense. But in cases like this, where there's the mismatch between conditions on the ground and the regulations, it makes sense to look at a wholesale. Oh, let me go back to it. Unfortunately, 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 we will certainly make sure that we correct it. Was there one definition or the other that you preferred? Okay. Okay, we'll make sure to get that. Yeah, that's kind of weird. Yeah. Mm-hmm, for a recommendation. Well, does a motion have to specify the choice of verbiage for the what's a lot of record? I think you could say recommend approval with the language that deems a meets and bounds as a lot of record. Why don't you put the two things up there? No, not there. That's not it. It was the two. That's it. Oh, wait. No. No, not that one. There we go. Do you want me to take the gavel? Yeah, we'd like, before you start, we want the top one. Is that? Yes. Okay. Please. Okay. Take it, Bryce. Mr. Schneider, you're making the motion. Oh, am I? 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. Yeah, I do. He did. He passed it to Mr. Schneider. Okay. I move the recommend approval to the City Commission of Ordinance No. 2525, the city initiated amendment to the land development regulations, amending Section 1.3.2, non-conforming lots of record, Section 4.1.4, use of lots of records, 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, 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 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 replanted and contained in a new plat, that portion of the lot on the original plat that has been replanted and included in the new plat shall not be considered a lot of record and shall not be presumed to satisfy the definition of a lot in the LDR or in Florida Statute 177.031. Second. One slight change. You said it's Section 4.8. I think you meant 4.78. Okay. 4.7.8. 4.7.8. Call for the rule. Call for the rule. Ms. Rillard, maybe we have the... We've made it all over again since you made this statement. We have a second. Yeah, I second it. I second it pretty quick. We have a second by Mitch and a motion by... Jim Charn. Yes. Mitch Katz. Yep. Deidre Strawn. Yes. Roger Cope. Yes. Price Patton. Yes. Judy Mollica. Yes. Gregory Snyder. Yes. Can you repeat it? No. I got my glasses on. I'm using my reading. I get them. Okay. Okay. I'm going to be really quick on this and... Exactly. This is the one you don't have on your thing. It says... Yeah. There's a replace... There's slight amendments to it. Yeah. So what is it? Yeah. They're not... I don't think they're like subsets or changes at all. There's a copy of this. So this item 9C, another amendment to the LDR, it's to make a state mandated change to our reasonable accommodation procedures. Reasonable accommodations are typically applied to a community residence type situation that is, for some very fact-based reason, needs a deviation from the rules regulating the use. And there's a process that we already have on the books, actually, to grant or to review and grant reasonable accommodations, but the state passed through SB 954 regulations that are, must be adopted by January 1st, 2026. And I'm reading into the record file, PZ 325-2025. So, again, the state required that we adopt these changes. The city is very fortunate to have very extensive regulations governing community residents' use. So this slide here just shows the changes that we are required to make. Some of these we already do procedurally, and then the other changes just change the timeframes. They're more generous than we actually have or are giving ourselves. And then things like 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, I, Danny here and myself can, um, answer any questions you might have. I have no questions. Anybody? I'm good. I have one thing, and it's my typical type of thing. If you go to the part of the ordinance where 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, receipts signed by the resident, recipient. This, my correction's already been made. It's needed to insert additional information in the sentence, and it's already there. Motion? Please. Recommend approval to the city commission of ordinance number 37-25, the city initiated amendment to section 2.411 relief, subsection E, request for accommodation of the land of 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 of the Senate Bill 954-2005, finding that the amendment and approval thereof, should that be 2025? That should say 2025. Yeah, it's 2025. I was going to say 2025, finding that the amendment and approval thereof is consistent with the comprehensive plan and meets the criteria set forth in land of development regulations. We have a motion by Mr. Katz, thank you by Ms. Mollica. Would you read the roll, please? Jim Charn. Yes. Mitch Katz. Yes. Major Strong. Yes. Roger Cope. Price Patton. Yes. Judy Mollica. Yes. Gregory Snyder. Yes, that passes 7 to nothing. Okay. Staff comments. Nothing else. Thank you all for your long-suffering 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 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 tonight. No reprimand for me tonight? Everyone did. No, I thought about it, but I didn't say it. You like it? Board comments. I do have something, and I know we're late, but 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. 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 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 applications will not be accepted until it's looked at, and 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 they didn't see it because it never got to them. I spoke to Anthea 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 to make public comment, too. Oh, yeah? Well, I'm going to make it first. All right. But I'll try to come as well. But I was going to try to come and talk about something else. And I may be mistaken, but my belief is she said that's the process that the commission had to instruct Mr. Moore, and Mr. Moore would instruct the department. Okay. We could recommend that. We could recommend that. We have the Planning and Zoning Board. I mean, we are the Planning Board. They do it. Absolutely. Absolutely. I want to make a motion and recommend the Zoning in Progress. Hold on a second. Hold on. We're not passing anything. All we're saying is we're asking staff to say something to the commission. No, no. I know you're allowed to make recommendations, but there are specifics to what you can make a recommendation on. It's their blend vote regulations. I think, to her point, I don't know that you could recommend that they do a Zoning in Progress. I was going to recommend they 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 Anthea told Ms. Malika, 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 to do? 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. 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 very trained 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 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. Right. So I don't know if you can, on your own volition... We can't initiate it. Well, I think we can say it and then they say they can ignore it. In my past experience, that's exactly what we've done. Yeah. 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 from the people. We are the appointed board to look at our zoning rules. So I think we can check in to confirm if it's allowed. If so, the mechanism... But I think if there's a consensus from all of us, that should be enough for them to pay to. Can I just ask? Is there a consensus? Consensus, right. Not a vote, because we didn't... I'm going to hear in favor. Aye. There you go. Okay. And then I'll confirm if it can be done. I just don't know. Because of the timing that we just learned about this, I mean, it could open up a 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. Rebecca. Nothing. Rebecca. The next meeting is December 15th. Okay. Ready? Roger. Let's go. Let's get out of here. Oh. If that's the case, Mitch, how come they came over the primate with that? Thank you. Thank you. Thank you. Thank you.