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Agenda 08-27-13 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, August 27, 2013 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 July 23, 2013 meeting 5. Communications and Announcements: Report from Staff 6. New Business: Lil’ Footprint Academy (COUS 13-001) A. - Approve Conditional Use request for a daycare operation within the school building at Seventh Day Adventist Church, on a 1.15-acre site, th located at 138 SE 27 Avenue, in the R1AA (Single Family Residential) zoning district. Applicant: Michael J. McClendon. Compson Place @ Renaissance Commons (ABAN 13-003) B. – Approve Abandonment request for portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. th (To be postponed to the September 24 meeting due to applicant’s lack of mailing required public notification) Cross Creek Centre (MPMD 13-001 / COUS 13-002) C. – Approve request for Master Plan Modification approval to construct afreestanding restaurant (2,024 square feet) and related site improvements; adjust the parking layout; update the façades of the existing buildings; and enhance perimeter landscaping, and Conditional Use approval for a drive-through facility in conjunction with the proposed restaurant, located at 1301 West Boynton Beach Boulevard, in the PCD (Planned Commercial Development) zoning district. Applicant: Michael Janoura of Cross Creek Boynton, LLC. th (To be postponed to the September 24 meeting due to applicant’s lack of mailing required public notification) Beverage and Food Manufacturing (CDRV 13-003) D. – Approve amendments to the Land Development Regulations (LDR) modifying gross floor area regulations, parking requirements, food preparation and entertainment associated with accessory tasting rooms. Applicant: City initiated. 7. Other 8. Comments by members 9. Adjournment Planning and Development Board Meeting Agenda Page 2 August 27, 2013 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. øÍÙÇÏ×ÎÈ NEW BUSINESS 6.A.1 Lil’ Footprint Academy (COUS 13-001) Conditional Use Lil’ Footprint Academy Staff Report COUS 13-001 Page 2 East:Single family residences zoned R1AA (Single Family Residential), st and farther east right-of-way for SE 1 Street; and st West: Right-of-way for SE 1 Place, and farther west medical office building zoned C1 (Office Professional). 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 Michael J. McClendon is seeking conditional use approval for a daycare operation within an existing church school building of 3,061 square feet for up to 80 children ages 2 to 5. The building was last operated as the Gold Coast Junior Academy for grades K through 8. The building is part of the Seventh Day Adventist Church campus, which includes the 2,716 square foot church building, a 2,360 square foot sabbath school building, a 2,448 square foot fellowship hall and a 3,061 square foot school building (see Exhibit “B”). STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D 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: 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 property currently has three (3) points of ingress and egress; two (2) of the st driveways are located on the west side of the parking lot, off of SE 1 Place, one block east of Seacrest Boulevard (see Exhibit “B”). The third driveway is located on the south side of th the parking lot, off of SE 27 Court. The proposed addition of the daycare use to the existing church operations should not adversely impact current on-site traffic flow/patterns as child pick-up and drop-off will be sporadic through the morning and afternoon hours, as Lil’ Footprint Academy Staff Report COUS 13-001 Page 3 opposed to a school which has set start and ending times. The operator envisions hours of operation beginning at 6 AM and closing at 6 PM Monday through Friday, which will not adversely impact peak church use of the parking. Per Health Department requirements, parents are required to park and walk their child into the facility and sign them in and out, so there is no stacking of vehicles associated with a pick-up or drop-off line, like at typical public grade schools. No modifications of the parking lot are envisioned or required as part of this conditional use request, other than filling in any gaps in the landscaping around the perimeter of the parking lot. 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 eleven (11) spaces total, based on the utilization of the 3,061 square foot school building for the daycare operation. The site plan depicts 59 parking spaces, or 48 spaces more than the requirement. As noted previously, the greatest demand for parking on the site typically occurs at different times, as the church’s parking demand is primarily on Sunday or after the hours of operation of the daycare use. The proposed conditional use request would not increase the intensity of parking or promote additional glare, noise or odors above that originally approved for the church campus site plan. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The dumpster enclosure is not 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 the church, sabbath school, fellowship hall and school building. The existing landscaping on site and within the swale appears to be in good condition. As noted above, as a condition of approval, the applicant will be required to plant cocoplum hedge material in the gaps existing around the parking lot. With the addition of the daycare use within the vacant school building, staff is recommending another condition of approval which would continue the cocoplum hedge along the east property line and south property line to better buffer the outdoor play area from residential structures, in conformance with Note #33 of the Use Matrix within the Land Development Regulations for daycare operations. The cocoplum hedge to be installed along the east property line abutting the lot with a single family home shall be planted tip-to-tip with branches touching and shall be allowed to grow naturally to become a dense buffer, with only periodic pruning to encourage a full, dense, and tall hedge. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. Lil’ Footprint Academy Staff Report COUS 13-001 Page 4 No new signage or exterior lighting has been submitted as part of this request. The church and daycare may share the monument sign for the site. Such a request would be subject to permit and Planning & Zoning review and approval. 7. Required setbacks and other open spaces. The existing school building where the daycare is proposed meets or exceeds the setback requirements of the R1AA zoning district. District setbacks are: front (north) required 25’ – provided 25’, rear (south) required 20’ – provided 198’, side corner (west) required 25’ – provided 227’ with intervening church buildings, and side (east) required 10’ – provided 44’. The vast majority of open space is provided on the south side of the property as noted above, with the building setback 198 feet from the south property line. The applicant intends to locate any outdoor play equipment immediately behind the building, with the purpose of maximizing the distance from the residential structures. Staff recommends a condition of approval requiring the play apparatus to be placed immediately behind the building and no closer to the east property line than the existing building setback of the daycare. 8. General compatibility with adjacent properties, and other property in the zoning district. The daycare use is generally compatible with the church use on the remainder of the site and with the surrounding residential properties, as daycares located at churches are generally patronized by church membership and residents within the neighborhood. As previously noted, the church was originally designed with a school component, which was last operated as Gold Coast Junior Academy for grades K through 8. Additionally, with the building’s large setbacks and appropriate buffering, any impacts should be minimal. There are no building façade modifications proposed for the daycare building, only general maintenance to enhance the outward appearance. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The existing school building was designed as a one-story structure, which would not change with this daycare application, and is compatible with the structures on the same and adjacent properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible. 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 “D” – 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 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. Lil’ Footprint Academy Staff Report COUS 13-001 Page 5 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, 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 “D” 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:\Planning\SHARED\WP\PROJECTS\Lil’ Footprint Academy\COUS 13-001\Staff Report.doc ÷äôóúóèû r 1:2,257 LIL' FOOTPRINT (COUS 13-001) 00.01250.0250.05mi 00.020.040.08km created by: PBC Property AppraiserJuly 22, 2013 ÷äôóúóèú EXHIBIT "D" Conditions of Approval Project name: Lil’ Footprint Academy File number: COUS 13-001 Reference: INCLUDEREJECT DEPARTMENTS ENGINEERINGPUBLIC WORKS UTILITIES // Comments: 1. No playground equipment shall be placed over the utility easement. 2. Any impervious surfaces created in the play area will be evaluated for further drainage review at time of permitting. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 3. Placement of any play equipment shall be restricted to close proximity to the school building, on the south side only, with no equipment placed east of the east wall of the school building. 4. The Cocoplum hedge proposed along the east property line buffer shall be planted tip-to-tip with branches touching and shall be allowed to grow naturally to become a dense buffer, with only periodic pruning to encourage a full, dense, and tall hedge. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. Conditions of Approval Page 2 INCLUDEREJECT DEPARTMENTS ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Lil'Footprint Academy\COUS 13-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lil’ Footprint Academy (COUS 13-001) APPLICANT: Michael J. McClendon, T&M Consulting APPLICANT’S ADDRESS: 7228 Chesapeake Circle, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2013 APPROVAL SOUGHT: Conditional Use approval for a daycare operation within the existing school building located at the Seventh Day Adventist Church, on a 1.15-acre parcel. th LOCATION OF PROPERTY: 138 SE 27 Avenue DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant _X_ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval 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 “D” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ 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: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Lil' Footprint Academy\DO (COUS 13-001).doc NEW BUSINESS 6.B.1 Compson Place @ Renaissance Commons (ABAN 13-003) Utility Easement Abandonment NEW BUSINESS 6.C.1 Cross Creek Centre (MPMD 13-001 / COUS 13-002) Master Plan Modification / Conditional Use NEW BUSINESS 6.D.1 Beverage and Food Manufacturing (CDRV 13-003) Code Review no food preparation, etc.). In September of 2011, the City adopted Ordinance 11-020, which removed the prohibition against brewing and distilling and created provisions for accessory commercial components (e.g. tasting room, facility tours) to beverage and food manufacturing uses. The tasting room provisions were applied not only to beverage manufacturers, but also to food manufacturers as well, in order to promote consistency between similar industrial uses. Staff understands the microbrewer that opened a business in the M-1 district has become quite successful, and is looking to expand the number of tanks/containers utilized in the brewing process and the size of the tasting room. No substantial changes are being proposed to beverage or food manufacturing regulations per se, other than modifying the provisions for tasting rooms by 1) allowing the maximum size to be larger where located in the M-1 district; 2) imposing a more stringent off-street parking requirement on those establishments in which tasting rooms exceed 20% of the gross floor area; and 3) allowing limited live entertainment permits (non-amplified) for these types of establishments in the M-1 district – more as background or mood music as opposed to entertainment. PROPOSED CHANGES CHAPTER 3 ZONING ARTICLE I OVERVIEW… ARTICLE II GENERAL PROVISIONS… ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES… ARTICLE IV USE REGULATIONS Section 1. Operational Performance Standards… Section 2. Hardous/Toxic Waste and Substances… Section 3. Use Regulations. A. General… B. General Rules of Use Matrix… C. Use Matrix Legend… D. Use Matrix (Table 3-28). 9. General Note. a.All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning - 2- district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room orand retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway.See subparagraph “d” below for additional provisions pertaining to Beverage Manufacturing establishments. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. c. M-1 district. b. (1) An accessory commercial component (i.e., tasting room orand retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional.Where optional or required, the tasting room, retail showroom, and/or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. The maximum size of the tasting area shall be as follows: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. - 3- (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive-up, drive-through, or drive- in facilities shall be allowed. (3)See subparagraph “d” below for additional provisions pertaining to Beverage Manufacturing establishments. The establishment is ineligible for a live entertainment permit. d. Beverage Manufacturing. (1)A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. (2) No permanent food preparation is allowed on premises. ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Section 1. General… Section 2. Standards. A. General… B. Table 4-17. Residential and Lodging Uses… C. Table 4-18. Commercial and Office & Health Care Uses… D. Table 4-19. Arts, Entertainment, and Recreational Uses… E. Table 4-20 Industrial Uses. - 4- Standard Number of Required Parking Industrial Uses Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any Non-residential use (minimum): 1 4 or 1 per 200, whichever is greater 2 Beverage and/or Food Manufacturing 1 per 500 Dry Cleaning Plants: 1 per 500 Publishing and Commercial Printing: 1 per 500 Packing & Shipping, Trucking, and Moving: 1 per 800 Research & Development, Scientific / Technological: 1 per 300 Warehouse, Wholesale, Distribution 2 1 per 500 Multi-tenant building, Multi-use: 2 1 per 800 Single-tenant building, Single-use: Warehouse, Dead-Storage 1 per 1,000 3 Warehouse, Internet Sales 1 per 700 4 Storage, Self-Service (Limited and Multi-access): 1 per 75 bays Manufacturing and industrial uses not listed elsewhere: 1 per 500 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50% of the gross floor area. 32 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed 20% of a single- tenant building or 20% of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (1) space per 300 square feet for any accessory office floor area that exceeds 20% of the building / bay(s). 43 Plus one (1) space per 500 square feet of area devoted to showroom/auction room. 54 Plus one (1) space per 400 square feet of office space plus two (2) security spaces, if applicable. CONCLUSION / RECOMMENDATION Staff is recommending approval of the proposed code amendment to beverage and food manufacturing, particularly tasting rooms. Overall, this amendment would promote economic development and make Boynton Beach more competitive in the microbrewery - 5- marketplace. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-003 Bevarage and Food Manufacturing II\Staff Report.doc - 6- MINOR SITE PLAN MODIFICATION SUBMITTALS AUGUST 2013 DATE PROJECT ADDRESS SITE MODIFICATION 08 -12 -13 Kinon Innovative Design 2700 Quantum Blvd. overhead doors 08 -12 -13 Daise Temple Church 340 NE 12 Avenue fence 08 -14 -13 Wells Fargo Bank 200 N. Congress Avenue ATM 08 -21 -13 Venetian Terrace Condos 2061 W. Woolbright Road fence 08 -21 -13 Waterside PUD Waterside Circle site & building modifications 08 -26 -13 CVS Pharmacy 131 N. Congress Avenue new storefront