Minutes 07-26-11
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON
TUESDAY, JULY 26, 2011, AT 6:30 P.M. IN
COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Roger Saberson, Chair Mike Rumpf, Planning and Zoning Director
Leah Foertsch James Cherof, Board Attorney
Sharon Grcevic
Cory Kravit
Brian Miller
Warren Timm
James Brake, Alt
ABSENT:
Matthew Barnes, Vice Chair
Chair Saberson called the meeting to order at 6:29 p.m.
1. Pledge of Allegiance
Ms. Grcevic led the Pledge of Allegiance to the Flag.
2. Introduction of the Board
Chair Saberson introduced the members of the Board. A quorum was present.
3. Agenda Approval
Motion
A motion was made by Mr. Miller to approve the agenda. Mr. Timm seconded the
motion that unanimously passed.
4. Approval of Minutes from June 28, 2011 meeting
Motion
A motion was made by Mr. Timm to approve the minutes as presented. Mr. Miller
seconded the motion that unanimously passed.
Meeting Minutes
Planning and Development Board
Boynton Beach, FL July 26, 2011
5. Communications and Announcements: Report from Staff
Mike Rumpf, Planning and Zoning Director
, reported the outcome of the items that
went to the City Commission following the Board’s review for the July meetings. At the
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July 5 City Commission meeting, there was one item which included the Code
Amendment that allowed nightclubs, restaurants and cigar bars within Mixed-Use Pods
of a Planned Industrial Development district. It was approved on second reading. At the
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July 19 City Commission meeting, there were two items on the agenda for approval.
First, the Sibia office building New Site Plan for a two-story 8,806 square foot medical
office building was approved. Second, the first reading of the Florida Friendly
Landscape and Code Amendment that was being processed was approved.
6. Old Business
None.
7. New Business
Attorney Cherof administered the oath to all those intending to testify.
PNC Bank (NWSP 11-001)
A.1. – Request for New Site Plan approval to
construct a 3,300 square foot bank with remote drive-through lanes on a
0.70-acre parcel located at 1520 South Federal Highway, in the C-3
(Community Commercial) zoning district. Applicant: PNC Financial
Services Group.
Kathleen Zeitler
, Planner, presented the request for the New Site Plan. The property is
located at the northeast corner of Federal Highway and Woolbright Road. The future
land use designation is local retail/commercial land use. The zoning is C-3, Community
Commercial. The site currently supports a gas station with vehicle repair and a
convenience store. To the north is a multi-family development, Bermuda Cay, zoned R-
3; to the east is the same development; to the south is Woolbright Road and then the
Riverwalk Shopping Center with a bank outparcel, Wells Fargo, and that is all zoned C-
3. To the west is Federal Highway and across Federal Highway is the mixed-use Las
Ventanas, zoned Mixed-Use-Low. To the southwest, is the Sunshine Square shopping
center and Valero gas, zoned C-3. Edward McDonald, professional Engineer with
Bohler Engineering is the agent representing the applicant, Gina Anderson, with PNC
Financial Services Group. They are requesting a Site Plan approval to construct a
3,300 square foot bank building with a remote drive-thru center, accessed by three
lanes, including one lane for an Automatic Teller Machine (ATM). In the redevelopment
of the site, all existing structures would be demolished and all underground equipment
which included fuel tanks, monitoring wells and septic tank would be removed. All
demolition, debris removal, and mitigation of the site would be required to comply with
all applicable
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Boynton Beach, FL July 26, 2011
local, state and federal environmental regulations. The Site Plan shows two access
drives, both right-in, right-out, one on Federal and the other on Woolbright. Circulation
from each driveway is two-way and continues throughout the parking lot.
Staff determined that the elimination of a bypass lane around the remote drive-thru
center would be acceptable due to the site circulation layout. Pedestrian walkways are
provided that extend from the parking areas to the building and connect to continuous
sidewalks. The building would require 14 parking spaces based upon the standard of
one parking space per 250 square feet of building for bank use, for a total of 18 parking
spaces, including one designated for handicap use.
The bank would generate less traffic than the existing use on the site. Palm Beach
County Traffic Engineering granted traffic concurrency approval for this project with a
build-out year of 2012.
The building complies with all setback requirements of the C-3 zoning district, as well as
the Urban Commercial District overlay zone. The floor plan shows the PNC bank
project would include a highly engineered design that meets the green building
standards of a LEED volume certification program, specifically tailored for new
construction of retail buildings. The plans indicate that the building components would
maximize energy performance. The City encourages LEED design and construction
through expedited permitting for this type of project with provisions and incentives of the
City’s newly adopted Green Building Ordinance.
Ms. Zeitler continued to explain how the building would blend with other retail buildings
in the area as far as exterior colors, roof design and lighting. Staff recommends, as a
condition of approval, some decorative medallions or other elements, consistent with
other retail stores in the area, be added to the facades to break up large expanses of
blank walls and provide more visual interest. There are areas in the south elevation that
are proposed to comply with the Art in Public Places requirement. The art would
compliment the architecture of the building and enhance the ambiance of the
development. Approval of the artist and artwork was still pending by the Arts
Commission.
Ms. Zeitler discussed the landscape requirements. The City Forester recommends as a
condition of approval, a total of twelve identified trees be preserved and placed on site
and to be in conformance with City requirements and also be in compliance with Crime
Prevention requirements.
The Development Application Review Team reviewed the request for a New Site Plan
and recommended approval, contingent upon satisfaction of all 25 conditions of
approval.
Mr. Miller inquired what the impact to the City would be and Ms. Zeitler advised that
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Boynton Beach, FL July 26, 2011
would be determined prior to the City Commission meeting as that study was not
completed yet.
Ryan Thomas,
Engineer with Bohler Engineering and representing PNC Bank, 1000
Corporate Drive, Ft. Lauderdale, was asked to address the question raised by Mr. Miller
regarding the economic impact. Mr. Thomas advised there were typically 8-12 full-time
employees for a site of this type and the construction cost would be between $2-3
million. However, he would prefer to defer the question to PNC for more accurate
figures.
Mr. Thomas thanked Ms. Zeitler for her presentation and confirmed the details she had
presented. He presented a slide show depicting the Site Plan that was approved by
City staff and advised there were a couple of comments on the 25 conditions.
With regard to vehicular access, there were meetings with Palm Beach County and City
Engineering staff. The fire route contemplated was from Federal Highway, through the
site and out onto Woolbright Boulevard, that was approved by the Fire Department.
With regard to Bermuda Cay, the initial design for the project had a lift station on the
north side of the site that was to have a 500 foot long directional drill underneath U.S. 1
to the south, which created concern for the City Engineering Department. To maintain
that type of pipe, it would be 10-15 feet deep underneath the intersection. Looking for
an alternate solution, the City directed Bohler Engineering to Bermuda Cay. Several
meetings took place with Bermuda Cay and as a result of the meetings, a couple of
letters were sent. One letter was from the City of Boynton Beach Engineering
Department and one from Bermuda Cay’s Homeowner Association, both talking about
the proposed sewer connection being done with Bermuda Cay. Initially, the lift station
was on the north side of the site. There is now an agreement with Bermuda Cay to go
through their parking lot, and they would dedicate a 12 foot easement to tie into their
sanitary sewer that was located a little north and east of the proposed site. As a result
of the meetings, Bermuda Cay had requested a few items which are being complied
with. One item was a six foot pre-cast wall. The drawings were submitted to them and
they were extremely pleased with how it would look and how it would change the look of
their neighborhood, as well.
There had been discussion with regard to the public art portion of the project. As part of
the commercial development of Boynton Beach, it was required to contribute some
public art. There are a few ideas on how it would be accomplished. There was a trellis
proposed and a screen wall on the south side adjacent to Woolbright. There was a
screen wall that extends north of the building to the entrance on Federal to screen the
drive-thru, as requested by staff. The southern screen wall was pretty unique. The
landscaping architect had been working closely with City staff and came up with a
landscape plan which everyone was pleased with.
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Chair Saberson asked whether Mr. Thomas agreed with the conditions of approval and
Mr. Thomas indicated most of them were agreed with, but had some comments on
others.
Item # 1 called for two fire hydrants and Mr. Thomas indicated it was worked out with
the Fire Department and Engineering Department that the single hydrant on the north
side of the building provided the fire protection required with the hose length. Ms.
Zeitler advised she will follow up as this condition was added after the DART
(Development Application Review Team) meeting occurred.
Item #2 had to do with the grinder/lift station and all the issues with Bermuda Cay. Now
that the issues with Bermuda Cay were resolved, the grinder station would no longer be
required. He advised after discussions with Ms. Zeitler and Mr. Breese, it was decided
to come back after site approval and do a minor administrative amendment to remove
the lift station, which benefits all parties. Mr. Saberson advised that the Board could
not actually remove the conditions, but could provide direction to put a plan in place
before it goes to the City Commission.
Item #7 reads that all lighting shall be metal halide. Mr. Thomas advised that was
discussed at DART and indicated that the firm is very LEED conscious and all of the
lighting is LED. He advised this was discussed with staff and they indicated it would be
worked on. Ms. Zeitler expressed she would follow-up with the Police Department as
the metal halide condition was one of their standard conditions.
Item #14 would be discussed by Paul Griggs as it dealt with Planning and Zoning.
Paul Briggs
, Gensler Architects, 2020 K Street NW, Washington D.C., advised he
wanted to briefly discuss Item #7 regarding the metal halide lighting locations. The
metal halide lighting was also required with the under canopy lighting and wall mounted
wall packs and these were typically LED. He wanted to make sure those items were
included where metal halide lighting was required.
Mr. Briggs showed a slide presentation and explained all the items required to maintain
a certified LEED building project. On the exterior of the building, recycled content
products would be used wherever possible. He continued to explain the building
concepts both inside and out and mentioned that all plans follow a green sustainable
concept.
Ms. Grcevic mentioned issues she had with the landscaping and wanted assurance that
they would remain low in areas near the street for safety and that they would be low
maintenance so that little or no water irrigation would be required.
Michael Gross,
Landscape Architect, Bohler Engineering, 1000 Corporate Drive, Ft.
Lauderdale, discussed the landscaping. He commented the shrubs and landscaping on
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the corners would be low maintenance and would be a maximum of 18 inches in height,
along with a grass strip on the Federal Highway side. The irrigation is designed to
Florida Friendly standards with separate zones to increase water efficiencies.
Motion
Ms. Grcevic moved to approve PNC Bank (NWSP 11-001) request for New Site Plan
subject to all staff recommendations subject to the recommended conditions of
approval. The motion was seconded by Mr. Miller and was unanimously passed.
Cuthill’s Bar (COUS 11-003 / MSPM 11-002)
B.1. – Request for Conditional
Use and Major Site Plan Modification approval to allow an existing 1,563
square foot building and a new 1,025 square foot chickee hut (totaling
2,588 square feet) to be used as a bar/nightclub on a 0.29-acre parcel
located at 417 North Federal Highway, in the CBD (Central Business
District) zoning district. Applicant: IMAEC, LLC and AEC Property
Holdings, LLC.
Eric Johnson,
Planner, presented the details of the site plan modification. The
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property is located at 417 North Federal Highway. There is a right-of-way for NE 4
Avenue and farther north is an existing commercial building; to the south is Veterans
Bicentennial Park; to the east is the right-of-way for North Federal Highway and farther
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east is the Promenade project. To the west is the right-of-way for NE 4 Street; farther
west is an existing commercial building. The subject property is zoned CBD and its
underlying land use is Mixed-Use. The proposal calls for a 1,563 square foot building
and a 1,025 chickee hut on 0.29-acre parcel. The property is small and is comprised of
multiple parcels to form one lot. The existing building is located at the southeast corner
of the site and the existing parking spaces are west of the site. The proposal is to
occupy the existing building, develop the site with a chickee hut and improve the
existing parking areas. There are currently 11 parking spaces on site and the proposal
is to increase that from 11 to 14.
The landscape plan shows existing plantings on the site and will remain. The proposal
included the planting of more trees and shrubs, all of which would comply with the
Code. A bar/nightclub by definition, in the CBD, is a Conditional Use and therefore
each Conditional Use request had to demonstrate compliance with the standards that
are evaluated. There are 13 standards for evaluating Conditional Use. The first being
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ingress and egress. The entrance will be relocated along NE 4 Avenue, and would
combine the off street parking spaces and would also have safe-sight triangles. With
regard to refuse and service areas, an existing dumpster enclosure is located on site.
The site complies with the City’s requirements for potable water and sanitary sewer.
Seating was proposed inside the building, inside the chickee hut and outside in the
loggia. There would be a total of 150 seats in all the areas. Placement of the building
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and the chickee hut are consistent with the Federal Highway area, particularly within the
Urban Commercial District Overlay. The site is located in study area #3 of the Federal
Highway Corridor Redevelopment Plan and compatible with that Plan. With respect to
economic effect, while holistic data cannot be accurately provided, generally speaking, it
would be a positive impact. Revenue would be obtained from fees such as utility fees,
assessment fees and others. There would be approximately 10-15 people employed.
According to the Code requirements, data is required as to the sound emitting devices
and equipment. The problem, according to the applicant, was the equipment had not
been chosen yet, so providing a sound analysis would not be possible at this time.
Staff, as a condition of approval, has recommended that a new Code Amendment be
brought forth to address this particular issue. At the time this was implemented, the live
entertainment permit was not available. Rather than requiring the applicant to go
through a Conditional Use application and also the live entertainment permit, it was felt
that new language would be put in place prior to the applicant applying for a business
tax receipt, which the applicant would have 18 months to apply. Although the study
called for the applicant to apply for a live entertainment permit which would include a fee
and a lengthy process in addition to a Conditional Use permit, if staff presented new
Code Amendments that would address the situation, taking both permits into
consideration, it would act as a hybrid so in the future, if another bar or nightclub wanted
to come to the City and they do not have sound equipment picked out, it could be
addressed more appropriately. The sound study would be addressed in condition #21.
As to parking, the applicant stated there would be 10-15 employees and the site
currently would have 14 parking spaces after the development was complete. Under
normal circumstances, based upon the number of seats proposed, a total of 60 parking
spaces would be required. For the record, Mr. Johnson wanted the following to be
included as part of the minutes.
“In pursuant to Part III (LDR) Chapter 4, Article 4, Section 2C, bars and
nightclubs require one parking space per 100 square feet, but no less than one
space per 2.5 seats. Based on this standard, the project would require a total of
60 parking spaces. However, the Code contains a special adaptive re-use
provision as applicable to properties located in CBD. The structure is allowed to
be enlarged in the manner not to exceed 100% of the gross floor area. No
additional parking shall be required if the use is changed or seats are added.
Therefore, this project is not compelled to add any additional off-street parking
spaces, pursuant to the above provisions.”
In fact, these provisions were intentionally created in order to stimulate business activity
in older properties that would otherwise remain unimproved and possibly unoccupied,
given the inability to accommodate all necessary site improvements associated with
current parking regulations.
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Planning and Development Board
Boynton Beach, FL July 26, 2011
Mr. Johnson advised that the Promenade had public parking available for projects such
as this. However, the Promenade parking was only available until 12:30 a.m. The
applicant was prepared to address this concern. In 2000, the CRA completed a parking
analysis for the area for which Mr. Johnson provided a hand-out to the Board. This
analysis was done prior to the Promenade being complete. According to the hand-out,
there are parking deficits in two areas. The Promenade helped to overcome that area as
the parking available exceeds the deficit. The issue was the 12:30 a.m. limitation, which
in their agreement with the CRA; they are allowed to restrict access to parking spaces.
They have not been approached on the issue of keeping it open longer. The Staff had
produced a condition of approval for this very purpose.
Bradley Miller
, Miller Land Planning Consultants, advised they are requesting the
Conditional Use in the Site Plan and confirmed what Mr. Johnson presented. He
advised the property owner had reached out to property owners on the west side and to
the north to get a commitment to use their parking spaces during non business hours.
He advised he had gotten permission to use those parking spaces. There was a
comment made about people walking across the street to get to the Promenade garage
after leaving a bar and Mr. Miller advised there was a signal and a crosswalk there and
hoped that those provisions in place would make the crossing safe.
Mr. Miller advised the staff report was reviewed and there was agreement with all of the
conditions. The additional condition would be to address the issue of the Promenade
parking which was generated through discussion. Mr. Johnson read the draft condition
for the record:
“To restrict the hours of operation to no later than 12:30 a.m. Written
documentation, acceptable to the City, must be provided to confirm the
availability of additional off-site parking (within a reasonable distance) in order for
the hours of operation to be extended beyond 12:30 a.m.”
The Board was in agreement with the wording of the condition. Ms. Grcevic commented
that with the availability of parking from the neighboring business, she did not feel the
Promenade parking would be an issue. She also inquired if the chickee hut would be a
bonafide, to Code, structured chickee hut, not a Seminole built chickee hut. Mr. Miller
advised although it was Seminole built, there would be electrical and all building Codes
would be met.
There was further discussion on the parking issue and possibly investigating the option
of valet parking. Mr. Miller advised that valet parking had already been decided and
would be incorporated into the plan.
Mr. Miller suggested coming back with the type of sound equipment that would be
utilized. He felt that a project like this is not put together and then after it is put together,
the sound equipment is chosen. It should all be part of the overall project that would be
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Boynton Beach, FL July 26, 2011
approved. Mr. Miller of Miller Land Planning advised that staff addressed that issue with
the changes made in some of the ordinances where that information would be provided
and the regulations would be complied with.
William Hagestron
, 532 SE 28th Avenue, advised he owned the automotive shop
directly west of the proposed site. He advised he talked very briefly about parking with
the applicant and in the plan, there appeared to be alot more parking than he had
discussed with the applicant. He also advised the purchase of the property was also
discussed with the owner, as well as other properties in the area, but Mr. Cuthill decided
to purchase the proposed Federal Highway location. He inquired as to the promenade
parking and advised he thought it was for everyone, so there should not be an issue
with customers of Cuthill’s utilizing it. He advised his building was available for parking
as he did not run his business full time at the present time.
Mr. Johnson advised that on behalf of Board Member Barnes who was absent from the
meeting, he wished to read an email addressing a concern Mr. Barnes had with the
application. Mr. Barnes contented that the pedestrian crosswalk was located directly in
front of the applicant’s property and did not have the “countdown signal” for pedestrians
to look at while crossing Federal Highway. He stated it was a long walk across Federal
Highway and although the length of the stop signal for vehicular traffic appears to be
long enough for pedestrians to safely make it across the road, countdown signals would
help pedestrians cross Federal Highway safely and comfortably.
Mr. Saberson asked the Board if there were any recommendations relevant to Mr.
Barnes’ comment. Mr. Johnson indicated the signal Mr. Barnes was referring to was
located at the Federal Highway right-of-way and that he attempted to contact the
appropriate staff members that would be able to discuss it further but was unsuccessful.
It would most likely require coordination with FDOT (Florida Department of
Transportation). There would be an extra expense involved in installing a new signal.
Mr. Saberson confirmed that before the next Commission meeting, Mr. Johnson would
have further conversations with the staff members to determine whether there should be
another condition. Mr. Johnson would follow up but thought the condition would be
more appropriate coming from the Planning and Development Board rather than staff.
Mr. Saberson wanted Mr. Johnson to investigate it futher with the idea in mind of not
mandating a condition, but for staff to consider the condition as to whether or not, in its
opinion, felt it was warranted. If so, the matter would be discussed at the City
Commission level. Mr. Miller of Miller Land Planning advised it would be an FDOT
issue and felt no one had enough information at the present time to approve or
disapprove it as far as to what it would entail or what the requirements would be.
Mr. Miller inquired if the project were approved, when would construction begin and was
advised as soon as the permit could be acquired. He wanted to know why there were
no comments from the Police or the CRA regarding this project. Mr. Johnson indicated
they had reviewed the project and any comments were eliminated because the Site plan
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Boynton Beach, FL July 26, 2011
complied with whatever they commented on. He indicated they were endorsing the
project.
Mr. Johnson wanted to discuss the live entertainment permit versus the sound study.
The live entertainment permit does not require the sound analysis. The Conditional Use
application requires the sound analysis. The live entertainment permit relies more on
the City’s existing sound regulations and operational performance standards. The City
Code has certain decibel levels that each business must adhere to, so while there was
work being done on creating new language and drafting a new ordinance, he wanted to
advise that staff was recommending that the applicant not have to submit the sound
analysis in connection with this application. He felt that it would be more appropriately
addressed later when staff drafts new regulations specific to these types of applications.
This was addressed in condition of approval #21.
Mr. Saberson asked if this would be doing away with the sound study analysis in all
cases or would some cases require it? Mr. Rumpf advised he was one of the team
members who worked on the live entertainment permit process, which took several
months to put together. The intent was to rely heavily on the City’s existing sound
regulations. To require additional building materials to prevent any sound from radiating
through a building might be excessive. There was a sound system in place in the City
that, if enforced, theoretically required uses not exceed a certain decibel threshold
based on the time of day. He advised this would be intended to be more business
friendly, with a faster means of reviewing live entertainment applications from various
restaurants and bars in the City. Many have been operating “unlawfully” in the City with
the type of activity they had been conducting and entertaining patrons for many years.
It would be retrofitted to motivate more activity and create a vibrant atmosphere
downtown, which the Mixed-Use districts and developments are intended to
accommodate.
Mr. Saberson wanted to confirm that this meant that the existing sound analysis would
be terminated that would otherwise have been required when the Code amendment
comes forward. In addition, the City would rely exclusively on the provisions and
ordinances that currently exist that certain decibel levels must be met in business
activity. He also inquired if the City actively enforces that ordinance. Mr. Johnson
confirmed this. There was further discussion on the sound ordinance and decibel
requirements. Ultimately, the sound issue was the responsibility of Code Compliance in
that if a business did not comply with requirements, the live entertainment permit could
be taken away for up to one year.
Motion
Mr. Brake moved to approve the site plan with staff recommendation subject to all
conditions of approval and including one read by Mr. Johnson and agreed to by
applicant. Ms. Grcevic seconded the motion that passed unanimously.
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Beverage and Food Manufacturing (CDRV 11-007)
C.1. – Request to amend
the Land Development Regulations (LDR) to 1) modify the definitions of
certain industrial uses to allow an accessory component to include retail
sales, tasting rooms, and facility tours; and 2) to allow such industrial uses
within the C-4 (General Commercial) zoning district. Applicant: City-
Initiated.
Mr. Johnson advised the proposed request would further business and economic
development. The intent of the Code amendment would revolve around five primary
initiatives or reasons. 1) the business and economic development initiative; 2) the
sustainability initiative; 3) internal consistency for regulatory compliance; and 4)
implementation, feedback and current objects and City vision. This Code amendment
was to further business and economic development. The City had been approached by
a couple of entrepreneurs who want to open a microbrewery in the City. Currently, the
Code prohibits distilling and brewing activities. Because micro brewing is on the rise,
staff reevaluated the prohibition against distilling and brewing, and reevaluated the
Code to determine if it was something that the City would want. Mr. Johnson handed
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out a chart that indicated Florida was listed 44 out of 50 states as far as
microbreweries per capita.
He advised that microbreweries and craft breweries were something to be considered in
the City. The business model of the microbreweries and craft breweries was three-fold.
1) producing and manufacturing the beer on site; 2) distributing across the County,
State and hopefully the nation; 3) they want to have tasting rooms, which is an area of
the facility that the public would be invited to come in and taste their product and also
taste comparable products, as well as retailing other items. In order to allow a
microbrewery in the City, the prohibition against brewing and distilling had to be
removed and a provision added to allow a tasting room. Staff evaluated this and asked
if the public should be invited into the industrial areas and should there be a bar or
nightclub in the M-1 zoning district. The answer was no. It was something staff felt that,
with the proposed provisions, it would be inviting a bar or nightclub in the M-1 zoning
district. The tasting area would be for the patrons to come in, taste the product and to
keep them from lingering, the hours of operation had been restricted. In the C-4 zoning
district, it would be different. In the M-1 zoning district, beverage manufacturing, dairy
manufacturing, food processing, frozen foods, ice cream, dessert tasting room, would
all be permitted uses in the M-1 zoning district currently. In order to allow a beverage
manufacturing establishment to have a tasting room, it would need to be expanded to
the food manufacturing aspect also. If a food manufacturer was in the City and wanted
people to come in and taste their product, as long as it complied with all the standards
of the City, it seemed like a logical fit to expand it. The definitions were changed to
allow for the tasting room with certain size regulations and thresholds that would have to
be maintained in order to not have a bar/nightclub in the M-1 zoning district. In the C-4
zoning district, it would be a Conditional Use to have these types of uses and a bar or
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nightclub is allowed in this district.
Mr. Timm advised he had been in these types of places in other states and felt they
were also really good restaurants. As a restaurant type of operation, he felt this would
contribute tremendously to the success of Boynton Beach and he would endorse it. Mr.
Miller inquired how many cities in the County allow these types of businesses and Mr.
Johnson advised he did not have the information on hand, but did review the
municipalities in the County that may allow a craft brewery to locate there. They tend to
be in industrial areas because the industrial areas are where there are low rents, large
spaces and high ceilings, as these types of uses require those things.
Mr. Rumpf advised this was the second request they have had in the last six months.
The first one had to be turned away since there was no Code to accommodate the
business plan. The second one advised they were looking in the area, had gone to
Delray and the areas all have similar Codes to the City. Mr. Rumpf further explained
the mechanics of the breweries.
Mr. Kravit inquired whether the Code, as it currently stands, permit the brew concept
now and Mr. Rumpf advised it did not. The production of beverages was allowed, but
not alcohol. The production of beverages was allowed to a certain degree, but not with
an on-site retail component. This was the aspect that would need to be addressed. Mr.
Kravit further inquired if the City would consider amending the proposed changes to
include a brew pub concept and if an immediate application was anticipated for a
microbrewery from the entrepreneurs that inquired. Mr. Rumpf indicated yes and
advised that Mr. Johnson had been working very closely with the second contact to
work out the restrictions and learn about the operation of the business plan to see how it
works. There was a building he was targeting in one of the northern pockets of the City
Mr. Miller suggested inviting the person to address the Board and explain exactly how
this concept would work.
Mr. Johnson advised that originally there was going to be a restriction imposed that
mandated the beverage produced on site would only be able to be sold on site, but it
came to staff’s attention that those in the industry sell each other’s craft brews and it
was part of their plan in order to reach distant markets. Mr. Kravit inquired whether that
should be stricken from the proposed language and Mr. Johnson advised they had
already omitted it. Mr. Johnson inquired if additional language should be added
immediately and Mr. Saberson suggested to simply delete the sentence so it would not
read “to be sold on site”.
Motion
Mr. Timm moved to recommend approval to the City Commission with the amendment
on page 4 discussed previously. The motion was seconded by Mr. Kravit and approved
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July 26, 2011
unanimously.
8. Other
None.
9. Comments by members
Mr. Miller asked if there was any feedback on his question concerning lighting on South
Federal Highway and Mr. Rumpf indicated that Jeff Livergood was in the process of
researching. It was a DOT right-of-way and they would be responsible for the lighting,
but may be part of the roadway improvements.
10. Adjournment
Mr. Timm moved to adjourn and was seconded by Ms. Grvcevic. The motion passed
unanimously. The meeting adjourned at 8:32 p.m.
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Ellie Caruso
Recording Secretary
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