JR Watersports
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
.~~
PROJECT NAME:
JR Watersports
Oavelopmont
p & Z
Building
Engineering
Occ. License
oeputy City Clerk
APPLICANT'S AGENT:
Beril Kruger of Beril Kruger Planning & Zoning Consultants
APPLICANT'S ADDRESS:
9 NE 16th Street, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 4,2009
TYPE OF RELIEF SOUGHT: Request for Conditional Use / Major Site Plan Modification approval for
a new boat dealership and ancillary customization/service component
in an existing 7,419 sq. ft. building, in a General Commercial (C-4)
zoning district.
LOCATION OF PROPERTY: 725 N. Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER carne 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
dHAS
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
c../'6RANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: ~ CJ':I, &Doq
S:\Planning\SHARED\WP\PROJECTS\JR Watersports\COUS 09-001 \00 .doc
EXHIBIT "D"
Conditions of Approval
Project name: JR Watersports
File number: COUS 09-001 ! MSPM 09-002
Reference: 2nd review plans identified as a Conditional1Jse i Major Site Plan Modification with a May 5,2009
Pl d Z d k"
anmng an omng ate stamp mar mg.
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments:
1. Trees adjacent to sidewalk of North Federal Highway have to be a minimum X
of 10.5 feet clearance over the sidewalk (or any portion which is over the
sidewalk).
PUBLIC WORKS- Traffic
Comments: None X
lTILITIES
Comments:
2. All utility easements and Utillty lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5. Article L Section 18.1 gives
public utilities the authority to remove any trees that may interfere with
utility services, either in utility easements or public rights-of-way.
3. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure as stated in the
LDR, Chapter 6. AJ1icle IV, Section 16, or the requirement imposed by
insurance underwriters. whichever is greater (CODE, Section 26-16(b)).
4. The LDR. ChaDter 6. Article IV. Section 1 (i reauires that all noints on each X
~' ' .1 ! - - -. - - -- --
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
(existing or proposed) hydrants.
5. Please sho\'.' al1 proposed and/or existmg easements on the engmeenng X
drawings. using a minimum width of 12 feet. The easements shal1 be
dedicated via separate instrument to the City as stated in CODE Sec. 26-
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
33(e).
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
7. Indicate within the site data the occupancy type of the/each building as X
defined in 2004 FBc, Chapter 3.
8. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
9. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the fol1owing information shal1 be
provided at the time of building permit application:
A) The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B) The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
10. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reView at the time of pemlit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
11. The full address of the project shal1 be submitted with the construction X
documents at the time of perm! application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach
County Emergency 911.
DEP ARTMENTS INCLUDE REJECT
A) Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach. Florida (Sean McDonald--
56 I -233-50 I 3)
B) United States Post Office, Boynton Beach (Michel1e Bul1ard)-561-
734-0872)
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALlST
Comments:
12. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings and parking
lot from the Federal Highway road right-of-way.
I PLANNI\TG AND ZONING
Comments:
13. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
14. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program. The applicant indicates the cost wi]] not
reach the $250,000 threshold. Should the permit value exceed the threshold,
the applicant shall be subject to said regulations.
IS. The list of f,'TOSS floor areas on the Site Plan docs not appear to correspond X
with that depicted on Sheet AA. Please correct.
16. Rooftops will be treated as part of the building elevations. All rooftop X
equipment must be completely screened from view at a minimum distance
of 600 feet. Please indicate if any equipment is proposed above the roofline
and how it will be screened.
17. No boat may be displayed or stored forward of the sho\VToom or fence X
depicted on the site plan.
18. No repair or service work may be performed outside the service bays of the X
building.
19. The COUS/MSPM is contingent upon approval of the corresponding alley X
abandonment (ABAN 09-003).
I I I I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
20. AI1 improvements depicted on the Major Site Plan Modification drawings X
are to be completed within OTle (1) year of the date of approval. or the
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
Conditional Use approval shall be revoked.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. ~
S:'Planning\SHARED\Wp\PROJECTS\JR WaterspOJ1s\COUS oq-oo I \COA doc
EXHIBIT "A" - SITE LOCATION MAP
J R WATERSPORTS COUS 09-001/MSPM 09-002
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LandsCape &.\nigoliofl pions for.
JRWater sports
725 N.Federal HighWOY
Soynton Beach. Florida
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DESIGNED BY:
CARTER &: ASSOCIATES
iJIDSCAPE AJlcRI1'ECTS nee.
7-4 t<L 5th AVE. oerov IleQCh. Fl. 334113
!i6Hn..621 \A- 631
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JUSTIFICATION STATEMENT Fvh J.R. WATERSPORTS SUBMITED TO Bu ,'NTON BEACH DEC. 19,2008
JUSTIFICATION STATEMENT
December 19, 2008
Dee 2 2
JR W A TERSPORTS, (the "South Florida Premier Mastercraft BoafU[iealershlp"L IS _.-~-
applying for a Conditional Use for a new Boat Dealership at 725 North Federal
Highway, in Boynton Beach. "Mastercraft Boat Company is the premium
manufacturer of inboard wakeboarding, waterskiing, and luxury performance
boats." JR Watersports, a family owned dealership has been in business for seven
years. They are currently operating in a warehouse in an Industrial area west of 1-
95 at 1220 W. Industrial Avenue, Boynton Beach, where they have outgrown the
space. Master Craft told them that they must move to a main thoroughfare with
frontage and visibility to passing traffic.
The property they are purchasing is well known to the Planning and Zoning
Department as well as the Code Enforcement Department. The property was being
run as a "used boat sales" facility. It was an eyesore as the owner had boats
everywhere and it was a disgrace to the area.
JR Watersports intends to make this a first class operation because of the name
they represent and the clientele they cater to. We are removing the roll up garage
doors in the front of the building and replacing them with glass. The property will
be well landscaped and the buildings will be refurbished. The very wide driveways
will be reduced to code and the fence along N. Federal Highway will be removed.
The boats that JR Watersports sells and services are very expensive boats. All of
the servicing is done indoors in the shop and if any boats are kept outside, they will
be behind a fence on the north side of the building or behind the building. Most of
the new boats will be stored in inside the showroom. This property will be an
asset to the City of Boynton Beach and to the area.
D, STANDARDS FOF~ EVALUATING CONDITIONAL USES. The planning and
development board and City Commission shall consider only such conditional uses
as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon the faithful
adherence to and fulfillment of such restrictions and conditions including, but not
limited to, the dedication of property for streets, alleys, recreation space and
sidewalks, as shall be determined necessary for the protection of the surrounding
area and the citizens' general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section. In evaluating an application
for conditional use, the board and commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make
written findings certifying ':hat satisfactory provision has been made concerning the
following standards, where applicable:
[=XHIBIT C
JUSTIFICATION STATEMENT FVr1 J.R. WATERSPORTS SUBMITED TO Bv,NTON BEACH DEC. 19,2008
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.
1 . Ingress/egress to the property will be from N. Federal Highway since the
property is in the middle of a block with frontage on the street. Customer parking
will be along the front of the building with employee parking on the north side of
the building behind the fence. Access to the building for customers is in the front
but access for the boats is either in the rear or on the north side. There will be an
ingress/egress for boats into the showroom through a glass door on the front of the
building. They are replacing a roll up garage door with a glass door since they
want to have visibility for boats on display in the showroom. All roll up garage
doors on the front of the building will be removed.
There is access to three sides of the building, west, north and east. There will be a
rolling gate across the north portion of the lot for access to the dumpster and the
rear of the building. We were told that we should abandon the alley in the rear
(west side) of the building along the FEe Railroad tracks to give us more room. The
alley has been abandoned to the north already. I will be submitting the petition to
vacate/abandon just after submitting the conditional use petition so that they can
be concurrent.
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.
2. As I stated in paragraph 1, off street parking will be along the front of the
building and in the lot on the north side of the building. Boats being serviced will
be inside the building and those awaiting service will be either on the north side or
the rear of the building.
Since this property abuts the FEe Railroad tracks to the west, Amerigas to the
south and the blank south wall of the Marine Scenes Aquarium to the north, the
service area will not be affecting any residences or business. The properties to the
west of the railroad tracks are all automotive business. Since the railroad does not
serve passengers but only freight, the service area should not have any visual
impact. There will be a hedge, trees and a fence along the tracks to buffer the
service area from the other business.
JR \t^Jatersports sets up new boats before delivery. I ne boats come compieted
except for perhaps decals or options like radios, stereos, rod holders, etc. These
options are installed at JR Watersports. In some instances an engine will have to
EXHIBIT C
JUSTIFICATION STATEMENT Fud J.R. WATERSPORTS SUBMITED TO Bli ,NTON BEACH DEC, 19,2008
be replaced. If this happens, the new engme is delivered to the shop and is
installed in the boat inside the building. These are all GM Chevrolet VB engines.
Since this business mostly sets up new boats and does minor repairs, there will not
be any noise or odor impacts on the surrounding area.
These boats are not delivered on large trucks. The boats are picked up or delivered
to JR Watersports by being towed behind large pickup truck on a boat trailer.
Therefore, a loading are is not needed. The boat trailer is towed onto the lot and
dropped off in the rear of the building or on the lot on the north side. This is not
like a car dealership or a small boat dealership where large trucks deliver numerous
cars or boats at one time. These boats are delivered and sold one at a time so they
are delivered one at a time by a pickup truck towing a boat trailer.
3. Refuse and service areas, with particular reference to the items In
subsection D. 1. and D.2. above.
3. There is an existin!J concrete block dumpster facility already built on this
property. We are trying to be able to use this facility as it is. We are hoping that it
will not have to be moved"
4. Utilities, with reference to locations, availability, and compatibility.
4. All utilities are in place on this property and do not have to be relocated.
5. Screening, buffering and landscaping with reference to type, dimensions,
and character.
5. Screening for this pl'Operty will be a 5' landscape buffer around the property
with hedges and trees. Some of the trees (palms) that are existing on the property
will be relocated and new trees added. There will be a total of 24 trees, 5
relocated and 19 new trees. The ones that are to be relocated are 3 Royal palms,
1 Sabel palm and 1 Coconut. The new trees will be 4 Verawood trees, 3 live Oak
trees, 5 Coconut palms, 5 Silver Buttonwood trees and 2 Purple Glory trees. The
plantings will include Fakahatchee grass, Simpson stopper, Green Buttonwood,
Yellow Ixora, Duranta Erecta Sapphira and Dwarf red crown of thorn.
6. Signs, and proposed exterior lighting, with reference to glare, traffic
safety, economic effect, and compatibility and harmony with adjacent and nearby
properties.
The pole sign on the edge of the right-of-way is to be removed and the sign will be
a wall sign on the front of the building.
7. Required setbacks and other open spaces.
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EXHIBIT C
JUSTIFICATION STATEMENT ~ud J.R. WATERS PORTS SUBMITED TO Bv fNTON BEACH DEC. 19,2008
7. Since the buildings on this property are existing and will not be removed, the
current setbacks will remain the same. The open space will be increased due to
the fact that we are abandoning the alley RoW to the rear which will be added to
this property.
8. General compatibility with adjacent properties, and other property in the
zoning district.
8. To the south of this: property is Amerigas, a "propane gas" facility which fills
propane tanks and has some very large tanks on the property which can be seen
from the street, to the north is a Marine Scenes Aquarium, across the street to the
east are a vacant small retail building, a used car sales lot and a two story
residential looking art gallery. To the south of the propane gas facility is a large
Goodyear tire and repair facility.
JR Watersports, will be compatible to this area and will be an asset.
9, Height of buildings and structures, with reference to compatibiiity and
harmony to adjacent and nearby properties, and the city as a whole.
9. Most of the buildings in this area are one and two story buildings. JR
Watersports is and will continue be a single story facility. This will fit into and be
compatible with the area.
10. Economic effects on adjacent and nearby properties, and the city as a
whole.
10. JR Watersports should not have an economic effect on the adjacent business
but will be an asset to the area and the City as a whole.
11. Conformance ':0 the standards and requirements which apply to site
plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development
Regulations,
11 . This project complies with all of the standards and requirements which apply
to site plans as set forth in Chapter 4 of the Boynton Beach Land Development
Regulations.
12. Compliance with, and abatement of nUisances and hazards in
accordance with the performance standards, Section 4.N of Chapter 2; also,
conformance to Lhe City of Boynton Beach Noise Control Ordinance, Chapter 75,
Section 15.8 of the Boynton Beach Code of Ordinances.
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EXHIBIT C
JUSTIFICATION STATEMENT ~ vd J.R. WATERSPORTS SUBMITED TO Bv {NTON BEACH DEe. 19, 2008
12. JR Watersports will not generate any noise or hazards in accordance with
the performance standards. This is a clean and quiet business which will be an
asset to the area.
13. Required analvsis. All conditional use applications for bars, nightclubs
and similar establishments shall include the following analysis:
13. JR Watersports does not fit into this category.
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EXHIBIT C