Loading...
Agenda 04-26-11 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesda~ApriI26,2011 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from March 22, 2011 meeting 5. Communications and Announcements: Report from Planning and Zoning Director 6. Old Business: None. 7. New Business: A.1. KinQ's Academy Pre-school/ Daycare @ Center Point Church (COUS 11-002 / MSPM 11-001) - Approve conditional use / major site plan modification for conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school/ daycare use for up to 120 students in the Quantum Park Planned Industrial Development district. Applicant: Glen Hanks of Glen Hanks Consulting Engineers, Inc. and Randall Martin, CFO of The King's Academy. A.2. Electric/Motorized Bicycles (CDRV 11-004) - Amend the Land Development Regulations, Part III, Chapter 1, Article II Definitions, to allow the retail sale of electric and / or motorized bicycles, mopeds, and scooters in sporting goods stores. Applicant: City-initiated. 8. Other 9. Comments by members 10. Adjournment S:\Planning\Planning & Development Board\Board member packets\4-26-11 meeting\1-Agenda - 4-26-11 - rev1.doc MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, MARCH 23, 2011, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger saberson, Chair Matthew Barnes, Vice Chair Leah Foertsch Sharon Grcevic Cory Kravit Warren Timm Brian Miller, Alt Mike Rumpf, Planning and Zoning Director Kathy Zeitler, Planning and Development James Cherof, City Attorney Chair Saberson called the meeting to order at 6:28 P.M. 1. Pledge of Allegiance Mr. Timm led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board and introduced Cory Kravit as a new member. 3. Agenda Approval Motion A motion was made to approve the agenda and was passed unanimously. 4. Approval of Minutes from January 25, 2011 meeting Motion Ms. Grcevic moved to approve the minutes as presented. Ms. Foertsch seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Planning and Zoning Director Michael Rumpf, Planning and Zoning Director, explained to the audience he is responsible for providing basic communications and general announcements dealing Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2011 with meetings, schedules on holidays, among other things. He also provides a summary of the outcome of the items that the Board reviewed and follows the path to the City Commission and reports the outcome of their review. Because the past meeting was cancelled, Mr. Rumpf presented a brief report having only one item to report that was presented to the City Commission for review. The item was a Code amendment called the Ocean Avenue Overlay. ~ Ocean Avenue Overlay Creating an overlay over the Ocean Avenue area and surrounding blocks, implementing the redevelopment plan and some initiatives by the Community Redevelopment Agency (CRA) and most notably creating an Arts Campus with provisions to accommodate a host of arts type uses in that vicinity despite the current zoning being mixed, combining public use, residential and commercial. Attorney Cherof administered the oath to all who would be testifying. 6. Old Business A.1 Alley Abandonment Between Ocean Ave. and SW 1st Ave. (ABAN 11-002) Kathleen Zeitler, Planning and Zoning, advised the Board that this item is presented again from January 25, 2011 due to a revision, as explained in the staff report. This topic is the abandonment between Ocean Avenue and SW 1st Avenue and between Seacrest Boulevard and SW 2nd Street. The property is an 18.2 foot wide alley that was platted as a right-of-way and never improved. It will be dedicated as a utility easement. The reason this is being presented again is because at the January 25th meeting, some neighbors voiced concern over liability and maintenance issues relating to a proposed access easement that would pass over a portion of the alley to be abandoned on the west by about 200 feet. Ms. Zeitler provided a presentation which was viewed by the Board showing different views and photographs of the alley and the surrounding area. Previously, the decision was made to table this item prior to it being sent to the City Commission to allow time to address the concerns of the residents, as they were still unresolved. After a meeting took place with the different property owners that abut the alley which is used for access, the residents voiced concerns over the access easements. There were different options that were discussed with the residents. There was a condition that was presented previously that the property have both a utility easement and an access easement. One of the options discussed was to exclude the portion of the alley where there is access and leave the alley drive as is, but exclude that segment of the alley from the abandonment. Option two was to abandon the entire alley and make the full width a utility easement with no access easement at all. Option three was to abandon the entire alley with a utility easement and an access easement, which is what was proposed before. The last option was to abandon the entire alley, with an 18 foot utility easement and an access easement just on the north portion. The consensus of the neighbors was option two. Everyone except the property owners that 2 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2011 own the rental accessory unit were at the meeting and all wanted no access easement. They were very opposed to the access easement going over their property and since there is alternative access, which is the primary access from Ocean Avenue, Staff revised the recommendation as approval with one condition, but the condition is revised to only propose a utility easement and no access easement. That is the only change before the Board and since it changed prior to it going to the City Commission, it should come back to the Board for another vote. Dave Kelley, City Engineer and representing the City was present to clarify any issues if necessary. Chair Saberson inquired of Ms. Zeitler if she spoke to the property owner that has the unit in back that accesses off the alley and whether they received another notice. Ms. Zeitler indicated she believed Mr. Breese spoke with the owner on the phone very early on, prior to the January 25th meeting and further advised the owner received a certified letter inviting him to the meeting but there was no response. There was in-depth discussion regarding all the options presented and which would benefit both the City and the property owners. Ms. Zeitler indicated the property owner attending the meeting that lives on the north corner voiced opposition to the access easement, as it would be going over their property. She further advised a letter was received from the property owner on the other corner to the south. She could not attend this meeting, but attended the Staff meeting and voiced her opposition to the access easement. Because that property owner could not attend tonight, she provided a letter voicing her opinion. A copy was provided and is attached to the minutes. It was the consensus that option two was most universally accepted as all the property owners were opposed to the access easement. The City agrees with this option and has revised their recommendations to require only the utility easement, requiring individual property owners to be responsible for maintaining the easement. Mr. Kelley stated with regard to the original application submitted to Planning and Zoning Division, option two was in the application request and the City no longer wishes to have that easement, as a City owned property. The property has not been maintained, but there are four utilities in that easement at the present time. Three of these utilities are aerial and one is underground. The City is converting the entire alley into a utility easement, which is normal, when there are heavy utilities in the back. The City wishes to abandon the entire alley because keeping a piece of it is not conducive and/or economically possible to maintain. The City has met with the concerned residents in the west end of number 12, the western block, and they are in agreement to what is in the best interest for them and the neighborhood, which was part of the original application submitted in October. Mr. Kelley explains this is a two alley abandonment procedure. The City's Department of Public Works is not capable of maintaining and/or improving all the alleys that were originally created under the original town of Boynton. Most have not been maintained, except for the utility companies going in and taking care of their own individual systems in their franchised lines. The City is recommending that the entire alley be abandoned 3 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2011 for the two blocks, therefore eliminating it from the City's public right-of-ways inventory and put it into the individual property owner's names by dividing equally. All have been notified by mail, at least twice, of the City's intentions, beginning in August. Motion Mr. Barnes moved to approve Item 6. A.1, Abandonment of an 18.2 foot.wide alley, located between W. Ocean Avenue and SW 1 st Avenue, and extending to Seacrest Blvd from SW 2nd Street, subject to all staff conditions. Mr. Miller seconded and motion passed unanimously. 7. New Business A.1 Green BuildinQ ProQram Nancy Byrne, Assistant Development Director and Sustainable Development Coordinator for the Sustainability Team was pleased to present a very innovative program. The City created a staff-based Green Task Force in February 2008. At that point, recommendations were brought to the City Commission to move forward with bringing in a community alliance to help vet some of the best practices that the initial team had put together. During the time the Commission was establishing the community alliance, an internal staff team was created, which is referred to as the Sustainability Team. This is a voluntary participation team that contains staff members from all departments of the City. There are approximately 20-35 participants, so it is a City-wide effort. In June 2009, the community alliance was established by the Commission and Board Member Barnes was an honored member. He participated in vetting those ideas. Recommendations were presented to the Commission and an energy efficiency and conservation block grant allocation was awarded. In August 2009, recommendations were brought to the Commission on how that funding could be used. A portion was used to create both the Greenhouse Gas Emissions inventory for the City and a Climate Action Plan. This plan contains a condensed form of the recommendations from the initial Green Team, the community alliance and other items that were presented by the consultant that helped put the program together. Within the Climate Action Plan, there is an implementation schedule, part of which contains the Green Building Program that is being presented. Staff evaluated various forms of green building programs throughout the country, looking at all types of pending litigation against communities that had undertaken green building programs. It was decided to go with a voluntary program. The State of Florida has its own building code, and the intention is not to circumvent that. The directive to the Sustainability Team was to help the City reach its overall greenhouse gas reduction goal. The best way to accomplish that is through energy efficiency and water conversation, those being the biggest target areas that can be reduced. Ms. Byrne continued that rather than picking one certification agency, like the US Green Building Coalition or The Florida Green Building Council, it was determined that anyone 4 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2011 who wanted to do green that was going to meet the intent of the City's reduction in energy and water conservation, should be rewarded for their efforts. The voluntary program is modeled after the International Code Council's Green Building Code. The International Code Council is the basis on which the Florida Building Code is derived. It is one of the most popularly used building code coalitions that develops codes for municipalities not only in the country, but internationally as well. A review of the ICC's program led to the finding of a whole section dedicated to municipal jurisdiction requirements. Even though the program is voluntary, a section of points can be determined that will give incentives for volunteering to participate in the program. The concentration was on the jurisdiction's incentives, obviously on energy and water conservation, which are two areas that were included. The Art in Public Places is a participant in this incentive program. The Board has elected to allow contractors and developers to use a 70% portion of their Art in Public Places 1 % fee that they pay on a permit toward Eco-art. Eco-art incorporates the actual physical systems of the building in a very educational and artistic way. For example, if someone were to put in a cistern that would capture water on the outside of the building, it would be used as a public education point and it will allow the use of the art money to make that a focal point. If systems are open to public exposure as in the art, a participant would be allowed to take that credit. Permit fees can be a substantial amount of money, so it is a good incentive. Earlier on, when the Sustainability Team was working with the community alliance, an expedited permitting ordinance, which the Commission had already passed, was introduced. It has been very successful. PNC Bank, at Boynton Center, came through the Boynton review process in an expedited manner and had two sites under review, one in Delray and one in Boynton. The one in Delray was scheduled to break ground ahead of the one in Boynton. However, due to the permit being issued nearly six and a half weeks earlier than Delray Beach, Boynton was built first. Two LEED certified projects have come through the City without incentive. This program currently for review is for commercial properties only. Another phase will be introduced fairly quickly that will incorporate residential properties. The third phase, once this is underway and successful, would be to offer a phase that goes into renewable energy. This program was recommended to the Commission. At the workshop on October 18th, staff was given a mandate to bring forth a green building program that allowed us to propose a fee. It was promised it would not be a prohibitive fee and would not be punitive to developers and people coming through so as not to be discouraged. The number that was picked was1/10,000th of a penny and that is what would be put on the value of a permit. For example, if the value of a permit is $91.00, one penny would be paid to the green building fund. A commercial interior renovation with a value of $11 ,000 would pay $257.50 to the green building fund. What the fund will support is up to the Commission. A recommendation was made that would ensure the expedited permitting review is ongoing, allowing it to pay a portion of the staff costs. At present, the goal is to have the fund build far enough so that the first participant through the program can be rebated part of their permit fees. One of the requirements to receive the rebate is to come forth with the certification from whoever is under the code, including independent engineers. That saves developers a lot of money by not forcing 5 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2011 them to go through the Florida Building Coalition or the USGVC and pay that commissioning fee. It allows them to have an independent engineer certify that with the approval of the building official. Mr. Timm inquired as to what the benefits would be to the business that elects to go with this program. Ms. Byrne stated one of the things it does for the businesses is it gives staff guidance on the location of the best energy efficiencies in the building. There may be slightly higher upfront costs, but as FPL prices continue to climb, there will be savings in the long run. On the City's part, energy conservation, especially through water conservation is going to prevent the City from having to payout the capital cost of putting in more water facilities. From the energy perspective for a business, they will gain from our expertise. The staff review is almost at the level of a LEED. It follows those certification programs. Mr. Timm further inquired what it would cost a businessman and what would the return be. While the fee is low, can it be altered by municipal commissioners or anyone. Ms. Byrne stated the Commission will determine the appropriate fee. There may be people who would elect to go through this without having any rebate and may want to voluntarily go through it. There are several LEED sites that have come into the City. LEED has a cost, maybe not a substantial one, but there is a cost to certifying a building through LEED. There were a couple of contractors that came through stating they want to build a green building, but did not want to pay the extra money to the organization to get the certificate. This program would make them do that. This is not mandatory, The Florida Building Code is the only mandatory building code. Ms. Byrne confirmed this is an independent program, so that it is not burdensome. As some of the developers come in and there is increasingly more awareness that the energy efficiency in the building saves money, especially over time. The developers want long term payback. There are tools available through the Department of Energy that can show the developers these savings and help them along. In addition, there are many Energy Star rating systems, where numbers can be run through the system. Mr. Miller expressed the need to locate the businesses that are looking to relocate to South County. This may be the way to accoomplish it. This munipality will be the second municipality in the country to adopt this ordinance, and the Palm Beach County Coalition is watching closely as everyone is racing to do similar ordinances. The possibility of incentives and the necessity of them was discussed. Ms Byrne indicated that density incentives were discussed, but it is not in the program because we took baby steps. At the workshop with the Commission, it was decided to take a more cautious approach. If density ultimately is a big "carrot" for some, it will be brought and added. Ms. Byrne advised there was extensive discussion about the fear of density. Once you give it, you cannot get it back. Mr. Kravit inquired what the cost would be to the City to implement this program. Ms. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2011 Byrne advised the program is self sufficient right now. The staff in place will administer it. All the inspectors are licensed to be State Building Inspectors in addition to being ICC certified. Chair Saberson opened the floor to the public. No one coming forward, the Public Hearing was closed. Vice Chair Barnes wanted to make it known that he agrees this is a good use of the money to try to give it back as an incentive. Motion Ms. Grcevic moved to approve the implementation of the voluntary Green Building Program, including procedures and incentives intended to promote Green Building practices into development projects including application to the City buildings and facilitating the monitoring and reporting of municipal performances recommended by the Community Action Plan (CAP). Applicant - City initiated. Vice Chair Barnes seconded the motion. The motion passed 7-1 (Mr. Kravit dissenting). 8. Other None. 9. Comments by members None. 10. Adjournment Motion Mr. Timm moved to adjourn. Ms Foertsch seconded the motion that unanimously passed. The meeting adjourned at 7:06 p.m. [ji{j? (~ Ellie Caruso Recording Secretary 7 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-008 STAFF REPORT TO: Chair and Members Planning and Development Board Michael RumPfll{~ Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: April 12, 2011 PROJECT NAME/NO: King's Academy Pre~school (COUS 11-002/ MSPM 11~001) REQUESTS: Conditional Use and Major Site Plan Modification PROJECT DESCRIPTION Property Owner: 1325 Gateway LLC Applicant/Agent Glen Hanks, Glen Hanks Consulting Engineers, Inc. Location: 1275 Gateway Boulevard (Lots 18 & 19 Quantum Park) / NE corner of Gateway Blvd and Park Ridge Blvd (see Exhibit A) Existing Land Use/Zoning: Development of Regional Impact (DRI) / Planned Industrial Development district (PID) Proposed Land Use/Zoning: No change proposed PID Use Options: Office & Industrial (01) Proposed Uses: Pre-school / daycare facility in conjunction with existing church operations Acreage: 5,60 acres Adjacent Uses: North: Quantum Water Management Tract, and farther north the United Way office building; South: Gateway Blvd. r-o-w, farther south the Boynton Beach High School and vacant Lot 52 of Quantum Park, designated Mixed Use (MU); King's Academy Pre-school! daycare Staff Report COUS 11-002 ! MSPM 11-001 Page 2 East: Quantum Water Management Tract, and farther east the vacant Lot 17 of Quantum Park, designated Mixed Use (MU); and West: Existing charter school, and farther west an existing office building. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/PROPOSAL Glen Hanks, agent for 1325 Gateway, LLC, and Randall Martin, CFO for The King's Academy are seeking conditional use / major site plan modification approval for the conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school / daycare use for up to 120 students. The applicant expects to begin operations utilizing two (2) existing Sunday school classrooms, which will limit initial enrollment to approximately 30 children. After some period of operation, the applicant would apply for the necessary building permits for interior renovations in order to be able to accommodate the additional students. The subject property is located at 1275 Gateway Boulevard, at the northeast corner of Park Ridge Boulevard and Gateway Boulevard. The site was previously approved for a 33,376 square foot charter school, which still exists on the northwestern portion of the site and will not be modified as part of this request, and a 14,692 square foot flex office building, formerly occupied by Town & Country Homes for their offices and showroom and currently occupied by Center Point Chuch under a use approval (USAP 10-001) granted by the City Commission on March 16, 2010. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.0 of the land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "C" - Justification Statement). The Planning & 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 adherence to conditions of approval 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 approval, 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 that satisfactory provisions have been made concerning the following standards, where applicable: King's Academy Pre-school! daycare Staff Report COUS 11-002 I MSPM 11-001 Page 3 1. Ingress and egress to the subject properly 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 subject property currently has two (2) points of ingress and egress; both located off of Gateway Boulevard (see Sheet SP-1), The westerly driveway, located directly across from Park Ridge Boulevard, is signalized. The proposed addition of the pre-school / daycare use to the existing church operations has been reviewed by the traffic engineer, Glen Hanks, who indicates that the traffic volumes associated with the additional use for the site are within the limits of the Quantum Park Development of Regional Impact (DRI) approval, and therefore not subject to the Palm Beach County Traffic Performance Standards. Staff has forwarded the traffic study to Palm Beach County Traffic Engineering for their review. Since at the time of this report we do not have a response, staff has created a condition of approval which subjects the project to Palm Beach County review and approval (see Exhibit D). The traffic study indicates that the church and pre-schoo! I day care use combined will generate 229 additional vehicle trips over the previous flex office warehouse use of the site; with 30 additional AM Peak hour trips and 32 additional PM Peak hour trips. In pre- application meetings, staff suggested the traffic engineer analyze the signalized intersection relative to the current signal operation with the high school, two (2) charter schools and other day care facility in close proximity, to ensure queuing I stacking of vehicles for this facility will not adversely affect proper traffic flow on Gateway Boulevard. The traffic engineer conducted the analysis and concluded that there was sufficient length to store the expected vehicle queues. Unlike schools with a specific starting time, the day care operation receives children at various / sporadic times. The applicant notes that, like at their other facilities, they would expect to have children registered for half-days as well as full days, further spreading out the timing of traffic. Coupled with the requirement that parents park and walk their children inside to sign them in and out, there is no designated drop-off and pick-up line, as curbside drop-off / pick-up is not accommodated. Since King's Academy operates several other of these pre-school I daycare facilities in the County, staff suggested the traffic engineer visit the most similar facility to this proposed location to review peak drop-off / pick- up times to determine how the traffic circulation functioned. As a result of those observations and the review of signal operations at this site, the traffic engineer concludes that, "As long as the pre-school operator continues to enforce a park and walk-in drop-off I pickup procedure, queues interfering with the operation of the signalized intersection are not expected". The traffic engineer has proposed a circulation pattern for those parents exiting the site at the signalized intersection, which is to be implemented by the pre-school I daycare operator and provided to all parents, to ensure smooth exiting without congesting the queuing lanes. Staff has included this requirement within the Conditions of Approval. In general, on-site traffic circulation would meet the requirements for the motoring public and pedestrians, emergency access and waste removal operations. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #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 minimum parking required for daycare uses is calculated at one (1) parking space per 300 square feet of gross floor area. Required parking is calculated to be nineteen (19) spaces total, based on the utilization of 5,690 square feet of the building for the pre-school / daycare operation. The required parking for the remaining church portion of the building is based upon one (1) parking space per 100 square feet of assembly / auditorium area or one (1) parking space per 4 seats, which ever is greater. The church, in their previous approval indicated it was providing for a 200 seat auditorium, which equates to 50 parking spaces. King's Academy Pre-school / daycare Staff Report COUS 11-002 / MSPM 11-001 Page 4 Based upon the proposed square footage of the auditorium (4,673), the calculation of the parking would be 47 spaces, plus the remaining church office space of 4,375 square feet is calculated at one (1) parking space per 300 square feet of gross floor area, or 15 parking spaces, resulting in a total of 62 required parking spaces. The required parking for the charter school on the northwest portion of the site is calculated to be 101 spaces. The total parking required based upon this site plan modification totals 182 parking spaces. The site plan depicts 226 parking spaces after the elimination of 28 parking spaces at the rear of the daycare to accommodate the outdoor play area, or 44 spaces more than the requirement. Lastly, the greatest demand for parking on the site typically occurs at different times, as the church's parking demand is primarily on Sunday, while the hours of operation of the charter school and daycare uses will be weekdays. As a result of the slight site modifications, the proposed project would not increase the intensity of parking or promote additional glare, noise or odors. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. No dumpster enclosures are being modified as part of this application. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. As previously noted, the site is completely developed with a charter school and separate church building. With the addition of the pre-school/ daycare use within the church building, the existing landscaping is not immediately impacted. However, the playground area associated with the pre-school/ daycare and located immediately behind, on the north side of the building, will have new landscape material planted around the perimeter fence. The new landscape materials include Live Oak trees, Simpson Stopper hedge material and Dwarf Youpon accent plants. The remainder of the site will also receive landscape materials to enhance the entrances and infill areas where the plantings had thinned out. Some of the plant materials selected include Laurel Oak, Dahoon Holly and Tibouchina trees, Cocoplum and Arbocola Trinet shrubs and Fakahatchee grass. The landscape data on sheet L -2 indicates that the newly planted landscape material will consist of 91 % native species. Staff has noted the necessity for the applicant to work with the Quantum Park Property Owners Association and the City to inspect landscape and irrigation improvements along the lake/drainage tract to ensure compliance with the regulations and previous approvals, and has added a condition of approval to that effect. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No new signage has been submitted as part of this request. The church and daycare may share the monument sign for the site with the charter school, in compliance with the Quantum Park sign program. Any building signage to be added in the future shall follow the King's Academy Pre-school! daycare Staff Report COUS 11-002 ! MSPM 11-001 Page 5 design of those signs already existing on the building and are limited in square footage based upon the existing wall signage. 7. Required setbacks and other open spaces. The existing building containing the church and where the daycare is proposed exceeds the setback requirements of the PID zoning district District setbacks are: front (south) required 30' - provided 79', rear (north) required 30' - provided 420', side (west) required 20' - provided 263', and side (east) required 20' - provided 57'. Additional open space is provided on-site through the water (drainage) features and through the addition of the play area for the daycare operation. 8. General compatibility with adjacent properties, and other property in the zoning district. The pre-school! daycare use is generally compatible with the church, the charter school use on the remainder of the site and with the surrounding office uses on adjacent properties. With the building's large setbacks and appropriate buffering, any impacts should be minimal. There are no building fayade modifications proposed for the charter school or the church and pre-school J daycare buildings. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The height of the existing building housing the church is thirty (30) feet, which would not change with the pre-school J daycare application, and is compatible with the structures on the same and adjacent properties. The existing charter school has a typical height of thirty one (31) feet, with the entry feature at nearly thirty nine (39) feet in height. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The fiscal impact on the City is negligible, and is limited to an annual business tax of $147 (and a one-time application fee of $40). Economic impact is difficult to quantify, but direct impact would include additional jobs as well as the possible purchase of food, cleaning and other supplies from local vendors for the operation of the business. Moreover, increased availability of child care at a reasonable cost may allow a parent(s) to enter the work force. Additionally, the project will initially generate permit revenue from the minor site modifications to accommodate the operational characteristics of the new business and future permit revenues associated with interior space modifications as the number of students increase from 30 to 120. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City's Land Development Regulations. With incorporation of staff comments noted within Exhibit "0" - Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the petiormance standards of Chapter 2, Section 4. N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. King's Academy Pre-school I daycare Staff Report COUS 11-002 I MSPM 11-001 Page 6 The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" - Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "0" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.C Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to initiate this project. S:IPlanningISHAREDlWPIPROJECTSIQuanlum lols 18 & 19\King's Academy Pre-school COUS 11-0021M8PM 11-001\Slaff Report.doc EXHIBIT "A" - SITE LOCATION MAP KING'S ACADEMY COUS 11-002/MSPM 11-001 390 195 0 I 1,560 5 I Feet 390 780 1,170 (f) g ~E.~- <(ffi .!;;; I5 ~ N:Jl8 SNOISIi13~ tw'd 3.11S pJB^alnog MMajB8 SGU 1/1 Z 0 f- <( "~ , "~ 3~ -" ~5 ] ~0 ~; C U ~~ -" <( ~: u lJ l'i~ ~i ~ "::C: ~B e Z i~ '5~ 'i ii R It ~~ <( OR - It w< "~ < <, '" z*~ ~ " :r: u W- ee <( u ~ o " u 8 z o ~ u 9 --'~ <(--' (/)-8 -otjI c <( u , (L(/) 01 CJ) II , " :r: ~ u (/) .~ G~ ,uee co=> o :r: "cou / / / / / / c5 o E;:: G <( (/) ~ W :E g: ~ ~ UJ t;: ~o~G9 ~~~~~ ~~C5G~ ---l I I I I ~~~~~ 19~UUU ~81~~~ ~~gJGi~ / / / / / / ( \(/ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \.~ \ \ 9; \ \ 0 \ \ '~ \ \ .~ \ \ D \ \7 ~\ ~.\ \ ~t \ ! ----t \ L / / ------ ---- - \ \ \ ~9 iii ~ if I 0;;' ~. $: ! / iJ o '" / / / / / / / / '\ ~ \ \ \ \ \ \ ~q~z~~ 'f~~,}q; -< " :::: i <2 z ~ r - 0 w I ~ I , I"\) " '0 - :0 " Landscape for: Kings Academy Pre-School Building 1275 West Gateway Blvd. Boynton Beach, Florida DESIGNED BY: CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 74 NE 5th AVE, Delroy Beach. FL 33483 561-272-9621 LA. 831 ~'g ~ i~g 8.~o !H ~3~ !~~ ~ g 3 ;SR"':! ~U !: ml :s ~Sf-@ HU ~~~i :3 (D I ...... ~~~~ D-:::;;{Q \))-< f5" ~ ~, )> :~ ~! . \ \ \ \ \ \ \ \ \ \ \ It " ~ NO WORK G 'OU\\...\)~t>.~O'~'C. U 'f..\S\\~ ?~o?' ~u ~~D _ c \<:>.\' EXIT POINT FOR DEPARTING PARENTS ---- PARENT PARKING FOR DAY CARE BLOCK OFF WITH CONES DURING MORNING DROP-OFF ;;;;;;;;- -'" " _~~~~~~.JJ --== -- ~<:::/ ----::_----__--------------C;C\)D . -----=::::--\j.EQ\~---- \ 1\\ f\ 0 U ~---__--co~S-- -rC\I'l r \ - --------.:.:------- G ~ \ ~ C:.-:::.---- -: - .-@ ____________ --- -- -- -- ~ -- -- ------- -- -- ~HANKS .....J consulting (gen ineers, inc. 7522 Wiles Road, Ste. 203-B Coral Springs, FL 33067 PHONE: (954) 752-8860 FAX: (954) 752-8869 EB# 26034 The Kingls Academy DESIGNED BY: GAH PREPARED BY: MAR APPROVED BY: Traffic Circulation Palm Beach County SCALE: 1" = 50' 1/9/2011 April 13, 2011 Edward Breese - Senior Planner Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: The Kings Academy- Supporting Narrative for Conditional Use Application 1275 Gateway Boulevard Job No. 110101 Dear Mr. Breese: After observing the operation of an existing The King's Academy preschool in Greenacres and reviewing the site plan for the subject application, this engineer developed the following recommendations for traffic circulation during pickup and drop off periods. Morning Drop Off Traffic destined for the King's Academy Preschool will utilize the signalized driveway. Upon entering the driveway, preschool traffic will turn right and park in the 30 or so spaces in front of the preschool. After walking children into the preschool, parents will proceed west, turn right at the end of the building and then left onto the main driveway. The outbound lane for the row of parking adjacent to Gateway Boulevard will be closed off with cones from 7 to 9 am, as shown on the attached traffic circulation exhibit, and force drivers to enter the main driveway approximately 100 ft. to the north. Parents are required to walk their children into the facility. Curbside drop off is prohibited. Afternoon Pickup According to the applicant, pickups occur sporadically from 3 until 6 pm. Since departures from the preschool are more dispersed it is not necessary to close the outbound lane as shown on the attached exhibit. Parents will park, walk into the preschool, and pickup their child. They will then depart using the existing driveway. \~~~~~~~~~;"~: . . . ! .: '..;:-::: Ji~iJili~ "~.~_'.1F(~ The King's Academy Traffic Circulation April 13, 2011 Page 2 I trust that these recommendations are acceptable to the City of Boynton Beach. If you should have any questions or concerns regarding the suggested operation please feel free to contact this office. Sincerely, Glen A. Hanks, P.E., PTOE Senior Professional FL P.E. No. 53852 ~HANKS .J consulting ~ engineers, inc. April 4, 2011 Edward Breese - Senior Planner Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: The Kings Academy- Supporting Narrative for Conditional Use Application 1275 Gateway Boulevard Job No. 110101 Dear Mr. Breese: To facilitate the city's review of the conditional use application this office has prepared the following narrative detailing how each of the thirteen criteria are addressed. 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. Vehicle access to 1275 Gateway Boulevard (Flex Building) is provided by two driveway connections to Gateway Blvd. which connect to circulation aisles within the existing parking area. Pedestrian access to the proposed day care / preschool use is accomplished via existing sidewalks from building entrances to the public sidewalk along Gateway Boulevard. The proposed day care / preschool requires all parents/guardians to park and walk their child(ren) into the facility. No curbside drop off is provided. Emergency access to this building is provided via existing paved surfaces. Fire department apparatus can circulate within 100 ft of all 4 sides of the building. 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 proposed conditional use (daycare / preschool) will utilize existing and previously approved parking areas. This site, Lots 18 and 19, provide 226 The King's Academy Conditional Use Narrative April 4, 2011 Page 2 parking spaces where 176 are required. Glare from parked vehicles is mitigated by the existing perimeter hedge and shade trees planted within the parking lot and along the perimeter. The proposed preschool is located within the Quantum Park DRI. The immediate neighbors include a charter school, water management areas, and a 6 lane divided highway. Noise from this facility will not have an impact on adjacent and nearby uses. 3. Refuse and service areas, with particular reference to the items in subsection 0.1. and 0.2. above. Previously approved refuse and service areas will be utilized. 4. Utilities, with reference to locations, availability, and compatibility. Lots 18 and 19 of the Quantum Park DRI are currently served by an 8" water main, looped through the site and private sewer laterals connecting to the public gravity sewer in Gateway Boulevard. The proposed preschool will utilize existing utility connections. The proposed preschool is expected to result in a 20% increase in water consumption (and sewer generation) for the area considered (a 10% expected increase for the overall building). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The approved site plan for Lots 18 and 19 depicts 10 ft. buffers along the side and rear yards, and a 25 ft. buffer along Gateway Boulevard. These buffers will remain and be utilized for the proposed conditional use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with adjacent and nearby properties. The proposed conditional use will utilize a portion of the existing monument sign for their purposes. Exterior lighting was previously permitted and approved and is not being changed in response to this conditional use application. 7. Required setbacks and other open spaces. Setbacks required by prior site plan approvals for Lots 18 and 19 are met by the proposed conditional use preschool. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed conditional use is compatible with the surrounding zoning district. Locating The King's Academy preschool at 1275 Gateway Boulevard ~HANKS .J consulting ~ engineers, inc. The King's Academy Conditional Use Narrative April 4, 2011 Page 3 is compatible with the other uses on this site. As set forth in the traffic statement, peak traffic for the existing school, church and proposed preschool are distinct. Peak parking demands for two of the uses occur at separate times. The proposed conditional use will not generate smoke, noise or odor (other than the occasional dirty diaper). The roadway system has the capacity to handle the proposed increase in traffic. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The conditional use is being requesting within the confines of an existing and previously approved building. The applicant is not proposing any exterior changes to the structure of the building. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed condition use is not expected to have a negative impact on nearby properties or the city as a whole. The proposed preschool will provide child care in close proximity to employment centers in Boynton Beach and within easy access of 1-95. 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. Lots 18 and 19 were reviewed and received site plan approval from the City of Boynton Beach. As part of the proposed conditional use application missing, diseased, or sub-standard landscaping on the site will be brought up to code requirements. 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 Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. a. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: b. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. c. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment. ~HANKS .J consulting ~ engineers, inc. The King's Academy Conditional Use Narrative April 4, 2011 Page 4 d. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used. Analysis of noise is not required as part of this conditional use application for a pre-school. Sincerely, Glen A. Hanks, P.E., PTOE Senior Professional ~HANKS .J consulting ~ engineers, inc. EXHIBIT "D" CONDITIONS OF APPROVAL Maior Site Plan Modification Project name: King's Academy Preschool File number: caus 11-002/MSPM 11-001 Reference: 2nd-review plans identified as a Maior Site Plan Modification with a AprilS, 2011 Planning and ZoninQ: D ent cl::ltp. "t::lmn m::lrkinQ:. DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: 1. The traffic analysis has been submitted to Palm Beach County, even though the building is within the Quantum Park DR!, in order that the County may review potential impacts to a corridor which connects to 1-95 and to account for the additional trips to the system for modeling purposes. (NOTE: The applicant will be required to comply with any recommendations outlined in the concurrency approval deemed necessary by the City, at the City's sole discretion). 2. At time of permit submittal, explain how surface water is directed away from the playground area and provide typical cross-sections of the playground/pervious/impervious areas. Show the grading, paving, drainage rearrangements of the "new parking layout" to the nearest drainage catch basins. UTILITIES Comments: None FIRE Comments: 3. All other items will be addressed at the time of plan review. I Comments: None POLICE I I I BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. At time of permit review, submit signed and sealed working drawings of the proposed construction. 11-COA 04/21/11 2 DEPARTMENTS INCLUDE REJECT 6. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. I Comments: None PARKS AND RECREA nON I I I FORESTER/ENVIRONMENTALIST Comments: 7. The applicant must have the landscape/irrigation improvements on lots # l8A and #19A inspected by the Quantum Park POA in coordination with the City. PLANNING AND ZONING Comments: 8. The operator of the preschool/daycare will be responsible for informing all parents of the appropriate circulation pattern for exiting the parking lot, as well as enforcement thereof, as depicted and described in the letter from the Traffic Engineer. 9. The applicant is responsible for compliance with Ordinance 05-060, the "Art in Public Places" program and must demonstrate their participation. 10. It is the applicant's responsibility to ensure that the Conditional Use/Major Site Plan Modification is publicly advertised in accordance with Ordinance 04-007. PLANNING & DEVELOPMENT BOARD Comments: TBD CITY COMMISSION Comments: TBD S :\Planning\SHARED\ WP\PROJECTS\King's Academy Preschool\COUS 11-002/MSPM II-DO I \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: King's Academy Pre-school / Daycare APPLICANT'S AGENT: Glen Hanks, Glen Hanks Consulting Engineers, Inc APPLICANT'S ADDRESS: 7522 Wiles Road, Suite 203 B, Coral Springs, FL 33067 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2011 TYPE OF RELIEF SOUGHT: Request Conditional Use / Major Site Plan Modification approval for a 5,690 square foot pre-school / daycare within the CorePoint Church located on lots 18 & 19 in Quantum Park. LOCATION OF PROPERTY: 1275 Gateway Boulevard Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DA TED: City Clerk S:\Planning\SHARED\WP\PROJECTS\King's Academy\COUS 11-002 MSPM 11-001 \DO.doc DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 11-012 TO: Chair and Members Planning & Development Board FROM: Eric Lee Johnson, AICP Planner II t Michael Rump1!vV, , Planning and Zoning Director 0-- THROUGH: DATE: April 19, 2011 RE: CDRV 11-004 - Amend the Land Development Regulations, Part III, Chapter 1, Article II Definitions, to allow the retail sale of electric and / or motorized bicycles, mopeds, and scooters in sporting goods stores. OVERVIEW The rewrite of the City's land development rebrulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives (the attraction and retention of businesses, and response to changes in the economic environment); 2. Sustainability initiatives (to further general energy conservation and/or the specific recommendations of the Climate Action Plan or for general energy conservation); 3. Internal consistency (those amendments warranted to address identified internal inconsistencies or errors); 4. Regulatory compliance (responses to changes in State and / or county laws and regulations); and 5. Implementation feedback (those adjustments in standards, regulations, and processes necessary to meet original or current objectives and vision). NATURE OF REQUEST To amend the land development regulations, particularly by allowing the retail sale of certain electric and / or motorized bicycles, mopeds, and scooters in sporting good stores. This code amendment includes modifications to the definitions for the following principal uses: Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store Auto Dealer, New Auto Dealer, Used The proposed request would further business and economIC development, and sustainability initiatives. BACKGROUND Planning and Zoning staff has been approached by a bicycle retailer who is interested in opening a store in the City that would sell electric and / or motorized bicycles, mopeds, and scooters. However, an establishment that sells mopeds and scooters exceeding a certain engine size or performance may be required to obtain a dealer's license from the State of Florida. Currently, according to the City's zoning regulations, the subject use would therefore, be categorized as an "auto dealer" rather than a sporting goods store. Generally, auto dealers are regulated differently and more stringently than sporting good stores, due to their operational differences (e.g., noise) and inherent auto-intensive building design and site characteristics (overhead doors, outside inventory of vehicles, etc.). Commercially-zoned properties in the City are generally located along major roadways such as arterials and collectors. As such, in many locations, particularly within the boundaries of the Community Redevelopment Agency, the redevelopment plan promotes a built environment that is more pedestrian-friendly and auto-independent, consisting of a mix of land uses (both vertical and horizontal). An auto dealer will typically store its inventory within off-street parking areas, and this outdoor presence of vehicles would be in conflict with the preferred design mentioned above. Conversely, electric bicycles and small motorized scooters can be easily stored inside the building. Therefore, staff determined that it would be more efficient, simpler, and logical to expand the types of products that may be sold in a sporting good store regardless of the prerequisite auto dealer license) rather than trying to "fit" an auto dealer establishment into the CBD or mixed-use zoning district or otller commercially-zoned property subject to the Urban Commercial District Overlay Zone. Major dealers of modern mopeds and scooters include Schwinn, Z Nen, Tao Tao, Vespa, and Blue Eagle, with maximum speeds ranging from 30 mph to upward of 55 mph. Simply put, the larger the engine, the faster the vehicle. Staff determined that those vehicles with engines sizes greater than 150 cubic centimeters (cc) perform more like motorcycles than they do bicycles, and as such, are considered more intensive, especially with respect to the purpose of their use and the maintenance requirements. Businesses that sell bicycles, including electric bicycles, as well as small mopeds and motor scooters perform similarly, and in contrast against typical motorcycle and automobile dealerships. While there are exceptions, bicycles and scooters are used more for recreational purposes and small commutes than motorcycles and automobiles, and can be accommodated within the structure and, therefore meet the intent of the City's Zoning Regulations. Proposed Changes: PART III (LDR), CHAPTER 1, ARTICLE II ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including aecessory repair service) of one or more of the following: 1) art for retail sale in art galleries: 2) new books or magazines; 3) craft and hobby items. including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters); or 6) toys. Sporting good stores may retail ammunition and I or firearms, but only as an accessory use. Anv motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a "motorcycle" and regulated as a NEW or USED AUTO DEALER. This use excludes any merchandise that would be classified as adult entertainment. Establishments that retail and pro'v'ide expeliise on the use of sporting equipment (such. as u bicycle or diye shops) or other specific leisure activities, such us needlev:ork and musical instruments but excluding the sule of (llllmunition or firearms us a principal use. Sporting goods stores may retail mnmunition and ,1 or firearms as an accessory use. Craft stores are primarily engaged in retailing nCTl,T s6\ving supplies, fabrics, patterns, yams, and other needlework accessories or retailing these products in combination \'lith selling new sev/ing machines. This use also includes establishments that are primarily engaged in displaying '.'Iorks of art for retuil sale in art galleries. AUTO DEALER, NEW - An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new automobiles, mopeds, scooters, and motorcycles (with engines in excess of 150 cubic centimeters), and light trucks, including; such as passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle inventory is allowed. AUTO DEALER, USED ~ An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing used automobiles, mopeds. scooters, and motorcycles (with engines in excess of 150 cubic centimeters), and light trucks, including; such as passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse, and buyers customarily purchase the vehicles on the premIses. No outdoor storage of vehicle inventory is allowed. CONCLUSION / RECOMENDATION Staff determined that modifying the below definitions would allow the subject retailer into commercial areas with little or no impact, and without compromising the City's aesthetic standards associated with particular uses, all the while promoting innovative ways of attracting new businesses into the City and strengthening the economic base. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11.-004 Electric. Motorized Bicycles\StatIReport.doc