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,
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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.
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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
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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
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LIL' FOOTPRINT (COUS 13-001)
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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.
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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
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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.
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(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
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marketplace.
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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