Sunshine Square COUS
DEVELOPMI r ORDER OF THE CITY COM MIS 1N OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT:
Arianne Nielsen, Land Design South
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PROJECT NAME:
Sunshine Square
AGENT'S ADDRESS:
2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5,2008
TYPE OF RELIEF SOUGHT: Conditional Use approval for a 10,000 square foot cosmetology school
in a C-3 zoning district.
LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
:.x- HAS
_ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
4 GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
#~pf,.
DATED:
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S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\ COUS 08-003\DO.doc
Project name: Sunshine Square
File number: caus 08-003
Reference: 2nd review plans identified as a Conditional Use with a June 23. 2008 Planning and Zoning
Department date stamp marking.
EXHIBIT "E"
Conditions of Approval
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
Sunshine Square
CaDS 08-003
2
Page
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING AND DEVELOPMENT
BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: "!Zt702-
To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Sunshine Square\COUS 08-003\COA.doc
Exhibit "A" - Site Location Map
Sunshine Square - COUS 08-003
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J.W. HUGENTUGLER R.A
ARCHITECT
TENANT INTERIOR FOR:
SALON PROFESSIONAL ACADEMY
552 S.E. 15TH AVE. (WOOLBRIGHT RD)
BOYNTON BEACH. FL 33435
FLARoa10097
JaO\lNOFl~wEST7THPL"'CE
OHRFIElD8I:,o.Cli,Fl.0flIOAJJU2
(9~~) 1195-51521
EXHIBIT D
LAND'.
DESIGN
SOUTH
Planr. .::I
Landscape Architecture
Environmental Services
Transportation
561-478-8501. FAX 561-478-5012.2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409
Justification. Statement
Sunshine Square
Approval of a Conditional Use
Submitted June 6, 2008
Resubmitted June 12, 2008
Resubmitted June 20, 2008
On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following:
. Approval of a Conditional Use request to permit a Cosmetology School to be located in
the existing Building C within the Sunshine Square shopping center.
Property History and Site Characteristics
The subject property is located on the southwest corner of Federal Highway and Woolbright Road, and
currently operates as a commercial shopping center which includes a variety of retail uses. In 2006,
the property underwent a land use, rezoning, and major site plan approval, changing the Future Land
Use designation to Mixed Use (MX) and the zoning designation to Mixed Use Low 3 (MU-L3). A mixed
use site plan was also approved at this time. Since the time of the approved Site Plan and Rezoning in
2006, ownership transferred for the property. On January 2, 2008, the Boynton Beach City
Commission approved Ordinance 07-041 which revoked the 2006 zoning change and reverted the
property to its original zoning designation of Community Commercial (C3). On March 18, 2008, a Major
Site Plan Modification was approved by the City Commission to allow modifications to the existing
shopping center as well as the addition of one financial institution and reconfiguration of the existing
bank into a restaurant. Also at this time, a variance was approved to accommodate a pre-existing
parking deficit. On April 4, 2008, a Minor Site Plan Modification was approved to further modify the
parking configuration and traffic circulation to better serve the shopping center. This application for a
Conditional Use specifically relates to the addition of a 10,000 square foot Cosmetology School to be
located in existing Building C.
The subject property is 14.42 acres in size and has a zoning designation of Community Commercial
(C3) and a Future Land Use designation of Mixed Use (MX). The property is bounded on the north by
Woolbright Road. North of Woolbright Road is a vacant parcel with a zoning designation of Mixed Use
Low (MU-L) and a Future Land Use designation of MX. South Federal Highway bounds the subject
property on the east. East of Federal Highway is an existing commercial shopping center with a zoning
designation of Community Commercial (C3) and a Future Land Use designation of Local Retail
Commercial (LRC). Southwest 18th Street bounds the subject property to the south. Adjacent to the
subject property, north of Southwest 18th Street, are two commercial properties and one residential
property all with a zoning designation of C3 and Future Land Use designations of LRC. Across
Southwest 18th Street to the south is another commercial property which has a zoning designation of
C3 and a Future Land Use designation of LRC. The Florida East Coast Railroad bounds the subject
property to the west, west of the railroad is the City of Boynton Beach Utilities site, which has a zoning
designation of Public Usage (PU) and a Future Land Use designation of Public and Private
Government/Institutional (PPGI).
Conditional Use Application
As mentioned previously, the applicant is requesting a Conditional Use to allow a 10,000 square foot
Cosmetology School within the existing Sunshine Square Shopping Center. Per City of Boynton Beach
Sunshine Square
Page 1
June 20, 2008
Code of Ordinances, Chaptf' ...., Section 6.A.1.gg, a Cosmetology Uf ~ permitted with approval of a
conditional use if the use is it I ..;onjunction with the delivery of the servll,;e to the general public on a
daily basis. The proposed cosmetology school will offer student instruction as well as salon services to
the public. The proposed school will accommodate five classes of 15-20 students each which will
receive instruction through varied class schedules. In general, one new class of students will begin
each 2 months, with a duration of 10 months. The general operating schedule for the school will be
Tuesday - Thursday 9 a.m. - 9 p.m., Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. - 5 p.m. Upon student
enrollment reaching 60 students, the school will also operate on Monday from 9 a.m. to 5 p.m. In
correlation with these operating hours, the cosmetology school will offer salon related services to the
public during the following timeframes, Tuesday 1 p.m. - 9 p.m., Wednesday 1 p.m. - 9 p.m., Thursday
1 p.m. - 9 p.m., Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. - 5 p.m. Services will include haircuts and
color, manicure, pedicure, as well as a full line of Redken products for retail sale.
As mentioned previously, the 10,000 square foot Cosmetology School will be located within the existing
Building C, in the space previously occupied by Marathon Music. Building C is currently undergoing
complete renovations to the exterior of the building to restore and update the building facades. The
proposed cosmetology school will utilize the fa<;ade renovations and is not proposing any architectural
renovations to remodel or black out the proposed school fa<;ade within the center. Through this, the
proposed school will remain compatible with the existing building fa<;ade and architectural design of the
existing center and will provide goods and services necessary to the community.
Subsection 2.11.2.C of the Code outlines the materials that must be submitted with a conditional use
application. These materials are included with the Conditional Use Application submittal and are to be
reviewed concurrently.
Chapter 2.11.2.0 of the City of Boynton Beach Code outlines conditional use review standards. The
proposed Cosmetology School meets all the following standards for a conditional use:
1) Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe.
The applicant is proposing to maintain the existing vehicular circulation patterns and approved
ingress and egress locations for the property. As outlined previously, the current site plan was
recently revised to provide better management of vehicular and pedestrian safety and circulation
while improving the overall aesthetic of the property. The main entrance drive aisle was widened
and included two ingress lanes, two egress lanes, and a divider median. A continuous five (5') foot
sidewalk from .the existing sidewalk along Woolbright to the existing Building C was also added
along the drive aisle to provide safe access to and from the site for pedestrians. Circulation and
safety was further improved with the addition of a six (6') foot divider median south of the main
entrance which allows for a right-turn only into the proposed Financial Institution parking area and a
right-turn only exit from the proposed Restaurant parking area. The restricted access provides
safer vehicle turning patterns and limits the amount of vehicles crossing in front of oncoming traffic.
The restricted access also provides Fire and Rescue with a more direct and unobstructed route free
of pedestrian pathways to structures on site. A secondary entrance onto Woolbright Road was also
removed to increase safety for vehicles leaving the site.
Additionally, based upon the Palm Beach County Trip Generation Rates table, the existing 10,000
square feet of general commercial (retail) space generates 1,546 daily trips. The change of uses in
the space to accommodate the proposed Cosmetology school will result in a reduction of trips
within the center, as a cosmetology school will generate 275 daily trips. As such, given the
reduction of trips as well as the above mentioned site improvements, the existing site configuration
will sufficiently provide for the proposed cosmetology school use.
2) Off-street parking and loading areas where required, with particular attention to the items
in subsection 0.1 above, and the economic, glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties, and the city as a whole.
The requested conditional use does not propose to add any additional square footage to the
Sunshine Square
Page 2
June 20, 2008
e,xisting shopping center . ~Jt rather will utilize existing space wit' Building C. As outlined in Item
'1, the site was recently o'"'t-'roved for a Major Site Plan modificativ'l which included amendments to
improve the pedestrian and vehicular circulation throughout the site and parking areas while
preserving on site parking. The proposed location of the Cosmetology School is adjacent to the
redesigned parking area, which will provide adequate parking and pedestrian access to the facility.
Additionally, per the Institute of Transportation Engineers (ITE) Parking Generation 3rd Edition, the
existing 10,000 square feet of retail space requires 47 parking spaces during peak hour, while the
proposed cosmetology school use will require 25 parking spaces during the peak hour. As such,
the cosmetology school will not create additional parking demand within the center, and the
provided parking and vehicular circulation conditions will adequately provide for the proposed use.
In regards to loading spaces, Building C is currently provided with three loading areas, located to
the south of Building C. The cosmetology school will be permitted to utilize all existing loading
zones. Given the nature of the requested use, it is not anticipated that the use will generate high
volumes of deliveries, as such it is anticipated that the existing loading space will adequately
provide for the Cosmetology School use. Given the nature of the use no glare, noise or odor effects
will result from the proposed use.
3) Refuse and service areas, with particular reference to the items in subsection 0.1 and 0.2
above.
The appropriate refuse and loading service area is currently provided on site to the south of building
C. Currently, Building C is provided with three loading areas and nine existing dumpsters. The
cosmetology school will be permitted to utilize all existing loading zones and dumpsters. As the
proposed Conditional Use is located within an existing building and the overall building square
footage is not increased, the refuse and loading service area, as provided, is adequate for the
proposed Conditional Use. The Cosmetology School will not generate any industrial, manufacturing,
special or hazardous waste, airborne pollutants, or require any special handling of solid waste, and
therefore, will not negatively impact the health, safety, or welfare of the surrounding community.
4) Utilities, with reference to locations, availability, and compatibility.
The proposed Cosmetology School will be located within the existing Building C, which is currently
provided with all applicable utility services. A letter from the project architect has been included
with this submittal indicating that the proposed water service is sized per Florida Building Code -
Table 603.1, which will provide adequate water supply for the proposed uses.
5) Screening, buffering, and landscaping with reference to type, dimensions, and character.
As the Cosmetology school will be located within an existing structure, the building footprints,
square footages, and setbacks for all structures have been preserved with this application. The
proposed Cosmetology School will be located in the existing Building C which has a two hundred
and eighty-eight (288') foot setback from the north property line, a forty-five (45') foot setback from
the east property line, and a one hundred and eighty-two (182') foot setback from the south
property line. Building C is screened with landscaping on all sides with four (4') foot landscape
planters along the front of the building, landscape islands within the adjacent parking areas that
range in size from five (5') feet to seventeen (17') in depth, buffer landscaping along the north,
south, and east property lines, as well as a ten (10') landscaped divider median along the existing
drive-aisle south of Building C. A variety of planting material will be utilized in the above mentioned
planting areas; such as, Silver Buttonwood, Cassia Trees, Date Palms, Royal Palms, Oaks, and
numerous shrubs and groundcovers. The provided landscaping and existing setbacks meet the
code requirement for this zoning district and provide adequate screening and buffering of the
existing Building C.
6) Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent and nearby properties.
As this application only pertains to the Conditional Use, all existing monument signs on the property
will be maintained per existing conditions and the approved site plan. Applicable building signage
for the Cosmetology School will be in correspondence with the approved sign program for the
Sunshine Square
Page 3
June 20,2008
Genter. The addition of "'e Cosmetology School will not affe the existing lighting plan. The
'approved lighting plan I/\,~v designed to meet all applicable cOat> requirements with no spill over,
glare or lighting onto adjacent properties, and provides many safety features for the project
including clearly visible pathways for pedestrians and highlighted vehicular circulation for traffic
safety. The lighting and signage is compatible with surrounding commercial and retail properties
and will be in harmony with the existing shopping center design.
7) Required setbacks and other open spaces.
As the applicant is requesting only a Conditional Use to an approved site plan to allow for the
Cosmetology School, building footprints, square footages, open space, and setbacks for all
structures have been preserved with this application. All setback and open space requirements
were met with the approved site plan and the proposed Conditional Use will not impact the existing
setbacks or increase building square footage. The proposed Cosmetology School will be located in
the existing Building C which has a two hundred and eighty-eight (288') foot setback from the north
property line, a forty-five (45') foot setback from the east property line, and a one hundred and
eighty-two (182') foot setback from the south property line. A plaza space has been provided with
the approved site plan north of Building A and will provide a gathering spot for employees and
visitors of the shopping center. This plaza space provides ample landscaping and screening for
comfortable use of the space and is located conveniently for pedestrians along Woolbright Road as
well as users of the center. Further, the existing Buildings A and C provide pedestrian arcades
connecting uses on the site, and will provide connection from the proposed Cosmetology School to
adjacent retail and open space uses.
8) General compatibility with adjacent properties, and other property in the zoning district.
The development renovations and proposed Conditional Use are compatible with surrounding
developments and will benefit and serve the community. The immediate surrounding properties are
zoned comparably to the subject site and will not conflict with the uses proposed for the site.
Further, the addition of the Cosmetology School will be an asset by providing employment
opportunities, goods, and services to the public, as well as, complement the current uses of the
shopping center.
9) Height of buildings and structures, with preference to compatibility and harmony to
adjacent and nearby properties, and the city as a whole.
As this application only pertains to the Conditional Use, all building heights per the approved site
plan have been maintained and do not exceed forty-five (45') in height permitted by the existing
zoning district. The affected area of Building C will not be altered in height by the addition of the
proposed Cosmetology school and will be maintained as a one story structure. The heights of all
other buildings on site are in accordance with other commercial properties in the vicinity and will not
adversely impact the surrounding community.
10) Economic effect on adjacent and nearby properties, and the city as a whole.
The addition of the proposed Cosmetology School will be an economic benefit to the City as it will
provide not only salon services to the public, but will also create new jobs for instructors at the
school. In addition, the school will provide technical training and certification for students seeking to
further their careers in this field and will promote ongoing certification of a trade necessary within
the community.
11) Conformance to the standards and requirements which apply to site plans, as set forth
in Chapter 4 of the City of Boynton Beach land Development Regulations.
As previously mentioned, the proposed addition of the Cosmetology School will not result in any
modifications to the existing site plan configuration. As the Cosmetology School will be located
within existing space in Building C, the existing approved site plan will be maintained and will
remain in compliance with the City of Boynton Beach land Development Regulation relating to such.
12) Compliance with, and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also conformance to the City of
Sunshine Square
Page 4
June 20, 2008
Bqynton Beach No' Control Ordinance, Chapter 15, Sf ')n 15.8 of the Boynton Beach
Code of Ordinance&.
The proposed project does not create any nuisances and hazards as outlined in Section 4.N of
Chapter 2. The development renovations are compatible with surrounding developments and will
benefit and serve the community. As the requested Cosmetology School is located within an
existing building and all improvements will be interior, no adverse impacts specifically related to
sound quality are expected, and the property will remain in compliance with all applicable noise
control ordinances.
Conclusion
The proposed conditional use is considered to be consistent with the nature of surrounding
development and is suitable to the site context, is compatible with surrounding developments, and will
provide for and better the surrounding community.
Accordingly, it is considered that the proposal is in the public interest and the Petitioner
respectfully requests approval of the conditional use.
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Sunshine Square
Page 5
June 20, 2008