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Minutes 07-24-12 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JULY 24,2012, AT 6:30 P.M. IN THE CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Sharon Grcevic, Vice Chair James Brake Cory Kravit Ed Breese, Principal Planner Stacey Weinger, Board Attorney ABSENT: Brian Miller 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Mr. Brake led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion Mr. Brake moved to approve the agenda. Ms. Grcevic seconded the motion that unanimously passed. 4. Approval of Minutes from May 22,2012 sic (June 26, 2012) meeting Motion Ms. Grcevic moved to approve the minutes. Mr. Brake seconded the motion that unanimously passed. 1 Planning and Development Meeting Minutes Boynton Beach, Fl July 24, 2012 5. Communications and Announcements: Report from Staff Ed Breese, Principal Planner, reported the City Commission approved the Boynton Town Center Master Plan and the Cuthill's Backyard Conditional Use at the July 17, 2012 meeting. 6. New Business: Attorney Weinger administered an oath to all those intending to testify. A.1. Smoke Inn Casa de Montecristo (COUS 12-004) - approve Conditional Use to allow a cigar bar in a Mixed-Use (MU) Pod of a Planned Industrial Development (PID) at 1030 Gateway Boulevard. Applicant: Ibrahim Dababneh. Eric Johnson, Planner, presented the request as noted above. He identified the site located at 1030 Gateway Boulevard, approximately 600 feet west of High Ridge Road on Gateway. The Gateway right-of-way was located to the north. The property further north of that was part of Quantum Park and Village North. It has a PID zoning classification, but was a Mixed-Use (MU) Pod with an MU Land Use Option. Each lot in Quantum Park had a land use option and the surrounding properties to the proposed location all had the MU land use option as well. Cigar bars are classified as a nightclub/bar in the zoning code. Mr. Johnson explained this request was for a conditional use. The site plan had been previously approved and this request was to approve the concept in an existing building. The cigar bar would have 31 seats. The hours of operation would be Sunday through Wednesday from 10 a.m. to 9 p.m. and Thursday through Saturday, from 10 a.m. to midnight. The establishment would sell cigars and wanted to have the flexibility to sell alcohol as well. Staff reviewed the request which met the criteria for ingress and egress, parking, refuse and service areas and utilities. The project did not affect screening or buffering as the landscaping would already be there. Signage was not proposed, but if approved and they occupied the building, any signage desired in the future would have to be approved and comply with the Sign Code. Staff believed a cigar bar would be generally compatible with the surrounding buildings and areas. Staff acknowledged it was unusual to have a cigar bar in a PID, but it was a unique situation. It was a Mixed-Use Pod. Mr. Johnson read into the record the exact purpose and intent of a Mixed-Use Pod: "The purpose of the Mixed-Use Pod is to create small Mixed-Use nodes containing residential, commercial, and office uses in close proximity to 2 Planning and Development Meeting Minutes Boynton Beach, Fl July 24,2012 employment centers. The MU pod is intended for a Master Plan setting and provides for optimal internal and external connectivity." With respect to building height, the building meets the maximum allowed by Code and the project would meet the intent and would comply with the economic evaluation they have as well as other standards and operational performance standards contained in the Code. There are 13 required analysis. Every bar and nightclub is required to submit a sound study. Staff did not indicate what should be done in the conditions of approval in Exhibit C, because the applicant did not indicate what they would do. Mr. Johnson read into the record what the recommended condition of approval would be: "A live entertainment permit shall be required in lieu of a sound analysis/study." Staff feels that with that added condition of approval, that if and when they are approved, if they wanted to have sound equipment or live entertainment, they could do so under the live entertainment process. It should be noted in the next few months, staff would bring a Code amendment that specifically addresses the sound analysis for bars and clubs. For the last few applications, staff has required live entertainment permits in lieu of the sound analysis as they can be expensive and must be well thought out. Additionally, the applications do not request this information because it is too early to do so. A question was posed whether a sound study had to be applied for if the live entertainment permit was requested as the applicant would have to indicate what type of entertainment they intended to have on the application. Staff indicated it was not required automatically, but they did have the authority to require the study. Typically, the permit is issued and staff conducts an inspection of the equipment, its location, and placement and has them turn it on. If there is an issue, staff would not approve the permit based on the inspection. They could go further, if deemed necessary, and require a full-blown study. It was also clarified bars and nightclubs were one classification. Mr. Johnson explained any type of speakers or sound that would emanate from the establishment would have to meet the City's Noise Ordinance. Staff recommended approval of the project subject to meeting the conditions of approval as outlined in Exhibit C for the record. There were no letters in support or in opposition to the request received from the public. It was clarified the approval recommendation encompassed both the conditions of approval outlined in the staff report and read by Mr. Johnson. Adam Koetje, Agent, Smoke Inn Cigars, 801 Village Boulevard, West Palm Beach, explained the Smoke Inn is the national leader in the cigar industry. This would be their ninth location and new corporate headquarters as Boynton Beach was a growing city and it was in a central location. They believe the Inn was an excellent addition to the 3 Planning and Development Meeting Minutes Boynton Beach, Fl July 24,2012 City, surrounding area and other local businesses. They have an outstanding reputation in the nation as being a major leader in the industry. This location would be the only location with a liquor license. All other locations operate from 10 a.m. through 8 p.m. Monday through Saturday and 11 a.m. to 6 p.m. on Sunday. Mr. Koetje explained in the long term, the establishment would be primarily a smoking lounge. Because of the way the Code is written, none of the other locations would be considered a nightclub or bar, rather it is just a place for people to come and primarily buy cigars and then sit down and smoke them. Chair Saberson inquired if the hours of operation were contained in the application and if approved, whether it meant they were approving those hours. Mr. Johnson explained the Conditional Use application does not request that information and if the Board wanted to restrict the hours of operation, they should make a recommendation. Staff asks for that information to make- its presentation to the Board. Chair Saberson asked Mr. Koetje if he had any objections to abiding by the hours of operation stated by staff as a condition of approval. Mr. Koetje had no objections. He explained they were primarily a mercantile business. The goal was to sell cigars. Having a liquor license in a small 750 square foot business was a secondary function. He did not believe restricted hours would be a detriment to future growth. Mr. Johnson explained if the Board made the recommendation to restrict the hours and the City Commission approved it that way the applicant, if they desired to change it in the future, could go through the modification of the development order process. There was brief discussion the liquor license may regulate how late they can be open. Mr. Koetje explained they were under a quota license by the County and to the best of his knowledge, it did not have any stipulations on it. If there were, Mr. Brake was comfortable with including that as a condition of approval. The operating hours were at least two hours less than what the license would permit. Mr. Brake commented the County license applied to 2 a.m. and it did not fit what the applicant was trying to do. Imposing the restrictions would provide the applicant with the flexibility to do exactly what his business model was and not have an issue later if someone else wanted to do something else. Chair Saberson noted the condition also signified the Board approved a cigar bar with alcohol as a secondary use. A nightclub, as a conditional use, would not be compatible with the surrounding property and it was a different use. It was noted there were many cigar officionados. Chair Saberson opened the public hearing. No one coming forward, the public hearing was closed. 4 Planning and Development Meeting Minutes Boynton Beach, Fl July 24, 2012 Motion Mr. Brake moved approval with all staff recommendations including the discussed hours of operation limitation which are in the staff report. Ms. Grcevic seconded the motion that unanimously passed. Mr. Koetje explained they hoped to be open in November. Mr. Johnson sought clarification whether the recommendation he had made earlier on the record was included in the motion. Mr. Brake clarified it was. Ms. Grcevic accepted and seconded the clarification. The members were polled and all accepted the clarification. 7. Other None 8. Comments by members None 9. Adjournment Motion There being no further business to discuss Mr. Brake moved to adjourn. Ms. Grcevic seconded the motion that unanimously passed. The meeting was adjourned at 6:50 p.m. Catherine Cherry-Guberman Recording Secretary 072612 5