Agenda 05-24-11
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE:
Tuesday, May 24, 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 April 26, 2011 meeting
5. Communications and Announcements: Report from Staff
6. Old Business:
None.
7. New Business:
A.1. CiQar Bar in Mixed Use Pod (CDRV 11-005) - Amend the Land Development
Regulations, Part III (LDR), Chapter 4, Article III, Section 6 to allow bars and nightclubs
as conditional uses on properties located within Mixed Use Pods of Planned Industrial
Development districts (PID). Applicant: City-initiated.
8. Other
9. Comments by members
10. Adjournment
S:\Development\Planning & Zoning\P&D Board\2011 \Agenda & packet\05-24-11 Agenda.doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 11-017
TO:
Chair and Members
Planning & Development Board
FROM:
Eric Lee Johnson, AICP
Planner II
THROUGH:
Michael Rumpf
Planning and Zoning Director
DATE:
May 18,2011
RE:
Cigar Bar in Mixed Use Pod
CDRV 11-005
OVERVIEW
The rewrite of the City's land development regulations (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).
1
NATURE OF REQUEST
Amend the land development regulations to allow bars and nightclubs as conditional uses
on properties located within Mixed Use Pods of Planned Industrial Development districts
(PID). The proposed request would increase internal consistency (with other similar
mixed-use zoning districts), and further business and economic development.
BACKGROUND
A cigar retailer desires to open a business in the City and has chosen a vacant commercial
bay located on property known as Quantum Park & Village South. The retailer's
proposed business plan includes the retailing of cigars and related merchandise, and the
on-site consumption of alcohol. Based on discussions with representatives from the
establishment, staff determined that the proposed use would be a cigar bar, which would
be categorized and regulated the same as a "bar I night club."
The Quantum Park & Village South master plan is zoned PID with a Quantum Park land
use option of Mixed Use (MU). In 2002, the subject site was approved for a mixed use
development containing 234 residential units and over 132,000 square feet of commercial
space. Mixed Use Pods are unique in that they allow for a varied range of retail and
commercial service uses, but the uses that are allowed in the Mixed Use Pod are directly
related to those uses allowed within the C-1, C-2, and C-3 zoning districts. More
specifically, any permitted use in any of the three aforementioned zoning districts would
also be permitted within the Mixed Use Pod of a PID. A cigar retailer is a permitted use
in the C-3 zoning district, and therefore, would be allowed in the Mixed Use Pod of a
PID. With respect to conditional uses however, the Mixed Use Pod provisions are more
restrictive. Conditional uses in the C-1 and C-2 districts are permitted uses within the
Mixed Use Pods; however, any conditional use in the C-3 district is not allowed in the
Mixed Use Pod, either permitted or conditionally. In the C-3 district, a cigar bar (bar I
night club) requires conditional use approval, and therefore, would not be allowed in the
Mixed Use Pod. The subject regulations were originally drafted through a collaborative
effort of Quantum Park developers and city staff, which final product was influenced
more by the different compromises made and ultimate consensus reached between the
two parties, than by the framework of existing zoning regulations. The recent inquiry by
an interested business operator has led to the discovery of this inconsistency. This code
amendment would modify that particular restriction so that cigar bars (or any type of bar I
night club) would be allowed as a conditional use in the Mixed Use Pod, consistent with
the C-3 zoning regulations as well with the newer Suburban Mixed Use (SMU) zoning
district. Both mixed use districts have similar design and development standards, and
intended development patterns.
In both districts, the conditional use process affords the City an opportunity to more
closely examine each proposed bar and nightclub establishment on a case-by-case basis
to ensure compliance with minimum code requirements as well as compatibility with the
residential components of the development.
2
Proposed Chan2es:
Part III (LDR), Chapter 3, Article IV, Section 3.C.6.b
b. Use(s) Allowed in Mixed Use Pod. Mixed-Use Pod within the
PID district shall contain the following mix of uses within one (1) or more
Mixed-Use Pods within the PID district: 1) Townhouse and lor multi-
family residential; 2) Commercial I retail; and 3) Business and
professional offices.
(1) Tovlllhouse and,l or multi family residential;
(2) Commercial ,I retail; and
(3) Business and professional offices.
Townhouse and multi-family residential, if located on parcels fronting on
an arterial roadway, shall be integrated into a mixed-use project (vertical
or horizontal), including one (1) or more of the uses listed below. The
intent of this provision is to further the intent and purpose of both the PID
district and Mixed-Use Pod regulations by requiring developments along
the streets cape that benefit motorists and pedestrians alike, through proper
orientation, visual attributes, desirable commercial, retail, and office uses
and services. Allowable uses within the Mixed Use Pod shall be limited
as follows:
ill Any permitted use in the C-1, C-2, or C-3 zoning districts
is considered permitted in the Mixed Use Pod;
ill Any conditional use in the C-1 or C-2 zoning district shall
require conditional use approval in the Mixed Use Pod; and
ill Bars and nightclub establishments shall require conditional
use approval in the Mixed Use Pod.
Allowed uses within the Mixed Use Pod shall be limited to those
conditional and permitted uses in the C 1 and C 2 zoning districts and the
permitted uses in the C 3 zoning district as indicated by the Use Matrix
Table 3 28 belmv.
3
CONCLUSION / RECOMENDATION
Staff determined that modifying the above Mixed Use Pod provisions would allow bars
and night clubs into the Mixed use Pod (as conditional uses). This would increase the
consistent treatment of like uses in generally similar mixed-use zoning districts, and avail
the City the opportunity to promote innovative ways of attracting new businesses thereby
strengthening its economic base, while still reserving the authority to deny any
applications that are found to be noncompliant or would otherwise fail to meet the intent
of the City's performance standards.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-005 Cigar Bar in Mixed Use Pod\StaffReport.doc
4