Agenda 07-24-12
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, July 24, 2012 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Introduction of the Board
3. Agenda Approval
4. Approval of Minutes from May 22, 2012 meeting
5. Communications and Announcements: Report from Staff
6. New Business:
Smoke Inn Casa de Montecristo (COUS 12-004)
A.1. – Approve Conditional Use to allow a
Cigar bar in a Mixed Use (MU) Pod of a Planned Industrial Development (PID) at 1030
Gateway Blvd. Applicant: Ibrahim Dababneh.
7. Other
8. Comments by members
9. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
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.
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NEW BUSINESS
6.A.1
Smoke Inn Casa de Montecristo
(COUS 12-004)
CONDITIONAL USE
Smoke Inn Casa de Montecristo (COUS 12-004)
Page 2
Memorandum No. PZ 12-027
East: Vacant commercial property classified DRI Development of Regional
Impact and zoned PID Planned Industrial Development with a Mixed Use
(MU) Quantum Park PID land use option, still farther east is a gas station,
classified DRI Development of Regional Impact and zoned PID Planned
Industrial Development with a Mixed Use (MU) Quantum Park PID land
use option; and
West: Existing commercial buildings classified DRI Development of Regional
Impact and zoned PID Planned Industrial Development with a Mixed Use
(MU) Quantum Park PID land use option.
BACKGROUND
The 3,700 square foot building, which is currently under construction, fronts on the south side of
Gateway Boulevard, approximately 650 feet west of High Ridge Road in Quantum Park. It is located
within the development known as Quantum Park & Village South. The agent anticipates interior
construction will be complete by the time they are ready to occupy the building. A cigar bar is classified
as a bar/nightclub and requires conditional use approval. The attached floor plan and site plan (see
Exhibit “B”) are provided to depict the existing site conditions and for informational purposes.
PROPOSAL
Adam Koetje, agent for the applicant, is proposing to open a cigar bar inside what would be a newly
constructed building. Staff understands the establishment would have 31 seats and its hours of
operation would be as follows: Sunday through Wednesday 10am to 9pm; Thursday through Saturday
10am to midnight. As previously mentioned, the subject request (for conditional use) is not in connection
with a site plan modification (major or minor), and as a result, this application was only reviewed based
on its conformance with the standards for evaluating conditional uses. According to Part III (LDR),
Chapter 1, Article II, a conditional use is a use that that would not be appropriate generally, or without
restriction, throughout a zoning district, however, if controlled as to area, location, number or relation to
the neighborhood, would promote public appearance, comfort, convenience, general welfare, good
order, health, morals, prosperity and safety of the City. The LDR defines a bar / nightclub as the
following:
BAR AND NIGHTCLUB –
Any licensed premises that is devoted predominately or totally, to the
serving of alcoholic and / or intoxicating beverages or any combination thereof, for consumption
at the licensed establishment. Leisurely dancing may occur or patrons may be entertained by live
or recorded performers who dance, sing, play instruments, or perform other acts of entertainment
(excluding adult entertainment). The service of food may be incidental to the service of the
aforementioned beverages, activities, and entertainment. These establishments are known as
but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs,
dance clubs, discothèques, night clubs, piano bars, pubs, and saloons.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Part III (LDR), Chapter 3, Article IV, Section 4.C 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.
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
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Smoke Inn Casa de Montecristo (COUS 12-004)
Page 3
Memorandum No. PZ 12-027
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication
of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens’ general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section. In evaluating an application for conditional use
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:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
The subject site contains multiple points of vehicular ingress/egress located along Gateway
Boulevard and High Ridge Road. These access points adequately address the need for typical
vehicular circulation as well as for emergency and sanitation vehicles/equipment. The operation of a
bar/nightclub would not require any alteration to the driveway openings or parking areas. The site is
new and pedestrian walkways were anticipated in the design for retail and restaurant uses.
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.
Pursuant to Part III (LDR), Chapter 4, Article IV, Section 2.C, the minimum required off-street
parking for shopping centers is based on the following: One (1) parking space per 200 square feet.
No additional parking spaces are required as a result of this request for conditional use approval.
No change is being proposed to the off-street parking and loading areas.
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
Consistent with Comprehensive Plan policies and city regulations, existing refuse and service areas
are provided and currently in use for this location.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable
water and sanitary sewer are available and would be unaffected by the use change. Any required
interior plumbing fixtures, sanitary drains, or other utility-related upgrades would be/have been
addressed through the building permit process.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The proposed use would have no effect on the existing landscaping. Trees and hedges are
currently located throughout the parking lot and along all property lines. No additional screening or
buffering is warranted.
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 is proposed in connection with this application. Any future signage must comply
with the sign code (Chapter 4, Article IV of the Land Development Regulations). The agent states
that “no additional exterior lighting shall be added to the existing structure or plaza.”
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Smoke Inn Casa de Montecristo (COUS 12-004)
Page 4
Memorandum No. PZ 12-027
7. Required setbacks and other open spaces.
The proposed use would have no effect on the existing building footprint and setbacks.
8. General compatibility with adjacent properties and other property in the zoning district.
While it is true that bars are generally uncommon throughout the PID district, this application is
unique in that the subject site is located within the Mixed Use Pod of a PID. The purpose of the
MU Pod is to create small mixed-use nodes containing residential, commercial, and office uses
in close proximity to employment centers. The MU Pod is intended for a master planned setting
that provides for optimal internal and external connectivity. Staff determined that the proposed
use would meet the intent of this criterion and therefore, would be compatible with adjacent
properties and other existing businesses in the commercial area.
9. Height of building and structures, with reference to compatibility and harmony with adjacent and
nearby properties, and the city as a whole.
The building was approved as a single-story structure and it complies with the maximum height
allowed in the PID. No change to the height is being proposed in connection with this
application.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
With respect to property taxes and user fees, the economic effect/benefit resulting from the cigar bar
would be nominal. The applicant states however that “adjacent properties will only feel an addition
to business practices. At no time will the addition of this property cause any detriment to any
surrounding businesses or areas.”
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.
The above referenced code shall not be applicable to this application because the application
merely represents a change of use without any proposal to modify the site plan.
12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance
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.
Staff does not anticipate any issue with respect to noise. The agent does not intend to have live
music, and all business activity is intended to take place within the building.
13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments
shall include the following analysis:
a. 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.
b. The analysis shall specify the authority and/or basis for determination of the acoustic level of
the sound emitting devices/ equipment.
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Smoke Inn Casa de Montecristo (COUS 12-004)
Page 5
Memorandum No. PZ 12-027
c. 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.
d. It shall also verify that sound standards shall be met during the normal opening of doors for
people entering and exiting the establishment.
In accordance with the LDR, Chapter 3, Article IV, Section 4, a sound study certified by an
acoustical engineer, is required with the submittal of a Conditional Use application for a bar/nightclub
establishment. However, various factors justify the reconsideration of the effectiveness and benefit
of such a requirement. Such factors include the equity of the submittal requirements and varying
operational characteristics of each business (e.g., music source, form of entertainment, audio
system layout, and associated noise levels); the intent of the City’s new Live Entertainment permit
process; the City’s longstanding sound regulations that were updated in concert with adoption of the
Live Entertainment Ordinance; and most importantly, the financial burden associated with the sound
study requirement. Furthermore, the scrutiny associated with such a technical sound analysis may
be contrary to the City’s desire to attract businesses, promote a vibrant atmosphere, and to avoid
having an image of over-regulating local businesses. As previously stated, the applicant does not
intend to have live music, and therefore, no live entertainment permit would be required.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and conditional
use standards, and consistency with the Comprehensive Plan, staff recommends that this request for
conditional use be approved. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5, 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 obtain a Business Tax Receipt for the proposed establishment (see Exhibit “C” –
Conditions of Approval). Any conditions of approval recommended by the Board and required by the City
Commission will be placed in Exhibit “C” accordingly.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\Quantum Town Center South\Quantum Park & Village South (MSPM 11-003)\Smoke Inn
(COUS 12-004)\COUS Staff Report.doc
5
EXHIBIT “C”
CONDITIONS OF APPROVAL
Conditional Use
Project Name: Smoke Inn Casa de Montecristo
File number: COUS 12-004
Reference: N/A
INCLUDEREJECT
DEPARTMENTS
ENGINEERING DIVISION
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None.
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1.Staff recommends that a period of 18 months be allowed for the
applicant to successfully obtain a Business Tax Receipt for the
establishment.
Smoke Inn Casa de Montecristo
COA
Page 2 of 2
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\Quantum Town Center South\Quantum Park & Village South (MSPM 11-
003)\Smoke Inn (COUS 12-004)\COA.doc