Agenda 09-24-13 Al a4k +CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, September 24, 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 August 27, 2013 meeting
5. Communications and Announcements: Report from Staff
6. Old Business:
A. Compson Place 0) Renaissance Commons (ABAN 13 -003) — 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.
B. Cross Creek Centre (MPMD 13 -001 1 COUS 13 -002) — Approve request for Master Plan
Modification approval to construct a freestanding restaurant (2,024 square feet) and related
site improvements; adjust the parking layout; update the fagades 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.
7. New Business:
A. Healing Grounds Veterinary Clinic (MSPM 13 -003) — Approve request for Major Site Plan
Modification approval to construct a 3,332 square foot, one -story veterinary clinic for natural
and holistic animal care, located at 222 W. Boynton Beach Boulevard, zoned C -2
(Neighborhood Commercial). Applicant: Nancy Keller, DVM.
B. Holiday Inn & Suites (NWSP 13 -003) — Approve request for New Site Plan approval of a 4-
story, 93 room hotel and related site improvements, located at 2001 W. Ocean Drive, on the
north side of West Ocean Drive, approximately one -tenth of a mile east of South Congress
Avenue, zoned C -3 (Community Commercial). Applicant: Hardial Sibia of Boynton Holdings,
LLC.
C. Tuscan Villas (SPTE 13 -003) — Approve request for an18 -month Site Plan Time Extension
of the 22 townhouse -style condominium units, recreational amenities, and related site
improvements on a 1.34 -acre site, located on the east side of Federal Highway,
approximately 1,100 feet north of Gulfstream Boulevard, zoned IPUD (Infill Planned Unit
Development). Applicant: Brian Cheguis of Cotleur & Hearing.
Planning and Development Board Meeting Agenda Page 2
September 24, 2013
D. M.V.U.s and Food Truck Assemblies (CDRV 13 -005) — Approve amendments to the Land
Development Regulations Part III, chapters 1 through 3, incorporating provisions for
Assembly Mobile Vendor Unit (MVU) to include the review and approval authorities,
approval processes, and corresponding standards & requirements. Applicant: City- initiated.
E Economic Development and Interim LDR Amendments Part IV (CDRV 13 -006) — Approve
amendments to the Land Development Regulations to update the Zoning Use Matrix to
include Showroom /Warehouses as a new principal use and provide definition and
regulations. Applicant: City- initiated.9
8. Other
9. Comments by members
10. 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.
Document6
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON
TUESDAY, AUGUST 27, 2013, AT 6:30 P.M., IN THE CHAMBERS AT CITY HALL
100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA
PRESENT:
Roger Saberson, Chair Ed Breese, Principal Planner
Ryan Wheeler, Vice -Chair Eric Johnson, Planner
Sharon Grecevic Stacey Weinger, Assistant City Attorney
James Brake
David Katz
Brian Miller
ABSENT:
Stephen Palermo
Shirley Cassa (Alternate)
1. Pledge of Allegiance
Chair Saberson called the meeting to order at 6:33 p.m. and led the Pledge of
Allegiance to the Flag.
2. Introduction of Board
Chair Saberson introduced all board members who were present.
3. Agenda Approval
Motion
Mr. Brake moved to approve the agenda and Mr. Katz seconded the motion.
Vote
The motion was passed unanimously
4. Minutes Approval of the July 23, 2013 Meeting
Motion
Mr. Katz moved to approve the minutes with discussion. Mr. Brake seconded with
discussion.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
Mr. Katz stated that when he received a copy of the minutes from the last meeting, he
called the City Clerk's office and mentioned that a question was asked and what the
response was. It did not say who asked the question, what the question was or who
gave the response. He wanted to have the minutes approved with those corrections
and asked that the City Clerk's office go over their tape again and indicate who asked
what questions and who gave the responses. There were some very important
questions asked in relation to the site plan that the CRA (Community Redevelopment
Agency) asked about the parking lot.
Mr. Brake asked if Mr. Katz wanted verification on who asked the question and who
gave the answer.
Mr. Katz agreed that the minutes should reflect who asked a question and who gave the
answer.
Chair Saberson asked if the seconder of the motion agreed.
Mr. Brake said that he also noticed that there have been similar issues in the past. The
question is sometimes not stated in its entirety, who asked the question or even what
the answer was. The answer is very pertinent because this Board, as well as the
Commissioners need to know the answer.
Chair Saberson responded and asked Mr. Katz if he was asking for verbatim. Mr. Katz
replied that it was not done in verbatim in the past and it was fine. Mr. Katz stated that
he was not asking for verbatim.
Motion
Mr. Katz moved to approve the minutes with those corrections and was seconded by
Mr. Brake.
Vote
The motion was passed unanimously.
5. Communication and Announcements: Reports from the Staff
Ed Breese, Principal Planner, said the first item on the agenda was about the
Commission approval of the CRA site plan from the last meeting. The two highlighted
items on the agenda have been postponed and will be discussed at the next meeting.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
Mr. Breese had no further communications or announcements to the Board.
Chair Saberson asked those testifying to rise and be sworn in. Assistant City Attorney
Stacey Weinger, administered the oath.
6. New Business
A. Lil' Footprint Academy (COUS 13 -001) — Approve Conditional Use
request for a daycare operation within the school building at Seventh Day
Adventist Church, on a 1.15 -acre site, located at 138 E 27 Avenue, in the
R1AA (Single Family Residential) zoning district.
Applicant: Michael J. McClendon
Mr. Breese began his presentation by stating that Michael J. McClendon, (applicant),
was seeking conditional approval for a daycare operation within an existing 3,061
square foot church school building for up to 80 children, ages 2 -5, at the Seventh Day
Adventist Church located at 138 SE 27 Avenue. The building was last operated as the
Gold Coast Junior Academy for grades K -8 and is part of the church campus. It
includes the church building, the Sabbath School building, the fellowship hall, and the
building being discussed in this application is the church school building.
The proposed addition of the daycare use should not impact the onsite traffic. The
operator envisions hours of operation between 6:00 a.m. and 6:00 p.m., Monday
through Friday, which will not impact peak church use of the parking lot. The Health
Department requires parents to park and walk their children in and out of the building.
They must sign them in and out so there is no stacking of vehicles associated with the
pick -up or drop -off. The minimum parking requirements for a daycare use is calculated
at one parking space per 300 square feet of gross building area, which in this case
equates to 11 parking spaces, 48 more than what is required by Code.
The existing landscaping appears to be in good condition. If there are any gaps in the
landscaping around the parking lot, the Coco Plum hedge should continue along the
south and the east to buffer the outdoor play area from nearby residents. The building
where the daycare is proposed meets or exceeds all the setback requirements of the R-
1 -AA zoning district. The front or the north side needs to be a 25 foot setback which
they are providing. The south also requires a 25 foot setback and the setback there is
198 feet to their south property line. The west requires a 25 foot setback. It is 227 feet
to the side property line with the intervening church buildings in between. The property
line to the east requires a 10 foot setback and there is 44 feet provided. The applicant
intends to locate the playground equipment immediately south of the building, rather
than spreading the equipment down where it would impact more residents.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
The daycare use is generally compatible with surrounding residential properties as one
typically located at church locations which is patronized by church membership as well
as neighborhood residents. The building itself was previously utilized for a K -8 school.
With the large setbacks that were noted earlier and the appropriate buffering that has
been suggested, staff does not anticipate any impacts. Based on the daycare's
compliance with the development regulations and the conditional use standards, staff
recommended approval of the request subject to satisfying all the previously mentioned
conditions.
Michael J. McClendon, the applicant for the Lil' Footprint, of 7228 Chesapeake Circle,
Boynton Beach, FL. was present for any questions.
Mr. Brake asked Mr. McClendon where he envisioned the pick -up and drop -off of
children would be. Mr. McClendon indicated on the map that the pick -up and drop -off
would be to the south of the building between the fellowship hall and the daycare center
where there is a sidewalk that leads directly to the school.
Mr. Brake also wanted to clarify that it would not be on SE 27 Avenue to which Mr.
McClendon responded that it would not. This would be part of the requirement and
would also be included in the information to the parents letting them know that they
cannot drop off children in the parking lot.
Mr. Katz wanted to know if there were going to be any major renovations inside the
building and Mr. McClendon replied that the Health Department does not require them
to do any renovations at all.
Mr. Miller asked if there will be adequate handicap parking and Mr. McClendon said
there would.
Chair Saberson asked the applicant if he had anything further to add to which he
responded no; however, they look forward to the opportunity to serve the community
and to employ within the Boynton Beach area.
Chair Saberson announced the public hearing, however, there were no comments from
the public on this item.
Motion
Mr. Miller moved to approve this request subject to satisfying all conditions mentioned
by staff. Mr. Brake seconded the motion.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
Vote
Motion carried unanimously.
B. Compson Place @ Renaissance Commons (ABAN 13 -003) — 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. (To be postponed to the
September 24 meeting due to applicant's lack of mailing required public
notification)
Mr. Breese requested this item be tabled due to lack of advertisement on the part of the
applicant and that it be postponed to a date certain, September 24 which would be
the next Planning and Development meeting and then followed on to the October 1St
and October 15 Commission meetings.
Motion
Mr. Brake motioned to table until September 24 and it was seconded by Mr. Katz.
Vote
The motion was passed unanimously.
C. Cross Creek Centre (MPMD 13- 0011COUS 13 -002) — Approve request for
Master Plan Modification approval to construct a freestanding restaurant
(2,024 square feet) and related site improvements; adjust the parking layout;
update the fagades 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. (To be
postponed to the September 24 meeting due to applicant's lack of mailing
required public notification)
Mr. Breese asked for the same type of motion as for Compson Place and to be heard at
the next meeting which is September 24 and moved on to the October 15 City
Commission meeting.
Motion
Mr. Brake motioned to table until September 24 and was seconded by Mr. Katz.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
Vote
The motion carried unanimously.
D. Beverage and Food Manufacturing (CDRV 13 -003) — 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.
Eric Johnson, Planner, spoke about some craft beer microbrewers who wanted to
relocate their business to the City, but zoning codes prevented them from relocating
mainly because of the prohibition against brewing and distilling. It is apparent that this
is an emerging industry. Many of our neighboring cities do not allow beverage
manufacturing and staff decided to re- evaluate the prohibition against brewing and
distilling. The microbrewers indicated that there were three necessary components. 1)
beer production, 2) beer distribution and 3) onsite consumption of the beer that they
manufacture. There were concerns that these types of establishments could evolve into
a bar or a nightclub. Of concern was also where they would be allowed. After careful
consideration, and pursuant to Ordinance 11 -020, the use was approved by the City
Commission. Provisions were created for beverage manufacturing to allow them in the
C -4 zoning district (General Commercial district) as well as the M -1 district (Light
Industrial district). Each district regulates these types of establishments differently. In
the C -4 district, if proposed on a site that fronts on an arterial roadway, the
establishment would be required to have an accessory commercial component, which is
a tasting -room or a retail show room. There was also discussion about what constitutes
a tasting room. Patrons can come to the site and sample the beer that is manufactured
onsite. In the M -1 district, the accessory commercial component is required if located
on an arterial or collector roadway; however, if the site is not located on an arterial or
collector roadway, then the commercial component is optional.
The microbrewery currently in place in the Industrial zoning district is doing quite well
and looking to expand their tasting room. Many of the industrial properties have been
developed in the past with light parking. Manufacturing uses require much more intense
parking than is required, 1 -100 or based on the number of seats. The proposal is for
the tasting room to be changed. In all districts, mainly in the C -4 and M -1, the tasting
room would never become equal to or greater than the size of the principle use which is
beverage manufacturing. There is still the concern of people coming to these
establishments by requiring more stringent parking requirements than 1 -500. A tasting
room would have the same parking required for that of the principle use which is
beverage manufacturing. The floor area is still 1 -500; however, if the tasting room
would be larger than 20 %, then parking would be required at 1 -300. Each site would
6
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
have to be evaluated on a site - per -site basis, (case -by -case basis). Beverage and food
manufacturing should be consistent with each other and not just for beverage
manufacturing.
Staff is recommending approval of the proposed language. There is a typo in the latter
part of the chart. It is a scrivener's error that needs to be changed before it gets to
Ordinance.
Chair Saberson asked if there were any questions and Mr. Katz asked how the parking
situation will be handled on a Friday night.
Mr. Johnson replied that patrons would be at the site after business hours, 4 -5pm.
There may be some parking spaces that are occupied by other vehicles such as
products and outside storage. If Due South wants to formally expand their area, staff is
going to review whatever plans they submit. It would start as a building permit, and
then be reviewed by staff. It would then have to go to Planning and Zoning where the
floor plans would be reviewed for any minor site plan modifications.
Mr. Brake asked if they are not discussing Due South, but the Ordinance. It is the only
example of the Ordinance that exists in the City limits. Mr. Johnson stated this was
true. Mr. Wheeler interjected that this discussion in essence is talking about them doing
modifications.
Mr. Brake asked what was the square footage of the tasting room at Due South and Mr.
Johnson did not have this information.
Chair Saberson asked Mr. Johnson about the footnote that said plus one space for 300
square feet for that portion of the accessory tasting room and exceeds 20% of the gross
floor area and questioned why it was not for the whole tasting area. Mr. Johnson
explained that in an effort to promote economic development and be business friendly, it
was felt that the first 20 %, a standard that is usually used throughout the Code to define
accessory uses, would still remain at the 1 -500. 20% is the threshold. If a
manufacturing type of business wanted to come in and have some office space, it would
be 20% or less than the entire gross floor area.
Chair Saberson asked if the parking required for the accessory commercial use would
have to have the normal requirements for that type of use. Mr. Johnson replied that
parking requirements are based on best practices. The standard that is used for
manufacturing uses is 1 -500. If there is an accessory office connected with the principle
use, they should not be penalized for having that office person come to the site. The
parking requirements are based on best practices. The standard that is used for
manufacturing uses is 1 -500. If there is an accessory office connected with the principle
use, they should not be penalized for having that office person come to the site. The
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
entire gross floor area at 1 -500 is included. Instead of calculating 1 -500 for "x" amount
of space, 1 -300 for another amount of space, it is simpler to use 1 -500 for
manufacturing uses. If it goes beyond the 20% threshold, a higher degree of parking
may be required.
Mr. Brake commented that as it applies to this case, it actually works well for the
parking. It is a good question because this deals with the Ordinance. Perhaps this is
something that can be discussed. Mr. Brake also wanted to address what was said
earlier about the square footage of the tasting room. The way this business is actually
laid out, it is not clear if they are applying what their tasting room and their square
footage actually is or what was intended on how to use their square footage in the
tasting room. Some of the space is distribution space and is overflow space for people
who are there Friday or Saturday nights. There are two beer tasting areas setup; one
inside the tasting room, which is air conditioned, and the other a beer /bar sort of set up
in the distribution area. Mr. Brake expressed concern about the amount of floor space
that is being used currently and whether it is being used as intended. He questioned if
something changed because it did not work, or if it changed for the market. Perhaps
the rules need to be loosened.
Mr. Johnson commented that in order to foster growth in a business, the staff
understands this Code is actually a living Code that will change when the times change.
Obviously, all properties must be safe, specifically the inside space, and meet fire
safety, and other regulations from a Code perspective. With respect to the tasting
room, one would hope that they would itemize and indicate on a site plan, but that is
from a Land Development Regulation viewpoint. The Florida Building Code has to be
considered when there is this type of occupancy. In a place of assembly, there is a
certain amount of bathrooms that must be provided. Eventually, they will have to
address these types of issues if they are in violation of the current language as well as
the proposed language.
Mr. Wheeler commented that if the Code is good, and it is a true brewery, the size of
equipment they have takes up a lot of room. It limits them to be a true brewer with the
50% because the larger they get; they would have to have more equipment.
Mr. Johnson responded that with these manufacturing uses, there is large expansive
space that is being occupied by equipment, but not necessarily by people. This is why
there is the 1 -500 or the less stringent parking requirement than you would have with a
restaurant which is 1 -100. There needs to be a balance between what is safe and
acceptable and if it meets the City's standards, as well as foster economic development.
Mr. Johnson received a phone call from another city that asked how Boynton Beach
allowed for beverage manufacturing. He was glad to tell them Boynton Beach offers
something that other communities do not have the provisions for and we are proud of
that.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA AUGUST 27, 2013
Chair Saberson asked if the board or any member of the public had any questions on
this issue and there were none.
Motion
Mr. Wheeler made a motion for the amendment to the Code to go to the City
Commission. Ms. Grcevic seconded the motion.
Vote
The motion was passed unanimously.
7. Other
There was no other business to discuss.
8. Comments by Members
Mr. Miller wanted to thank staff for putting together the minor site plan modification
submittals which finally are up -to -date.
Ms. Grcevic wanted to add that in regards to the electric car stations, there are
numerous sites that help locate them. There are 5,358 stations listed in the U.S., not
counting Hawaii which has 140 and Alaska has two. This information can be
downloaded for (Phones or Androids. There are six in Delray, seven in Fort Lauderdale,
four in Hollywood, three in the Miami area, two in Weston, 156 in the Orlando, area but
none in Boynton Beach.
9. Adjournment
There being no further business to come before the board, the motion was made by Mr.
Katz and seconded by Mr. Miller to adjourn. The meeting ended at 7:34 p.m.
Grace Morales
Records Coordinator
City Clerk's Office
8/28/13 3 hours
9
OLD BUSINESS
6.A.1
Compson Place (c�
Renaissance Commons
(ABAN 13 -003)
Easement Abandonment
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-021
TO: Chair and Members
Planning and Develop p "noard
THRU: Michael W. Rump
Planning and Zoning Director
FROM: Ed Breese A& -)
Principal Planner
DATE: August 14, 2013
SUBJECT: Abandonment of 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.
NATURE OF REQUEST
Anthony Comparato of Compson Place Apartments, LLC, is requesting to abandon portions of a utility
easement in conjunction with the Compson Place Apartments project currently under construction in Phase
VI of the Renaissance Commons development, located at the SE comer of Congress Avenue and Gateway
Boulevard (see Exhibit "A" — Location Map). The subject property is zoned SMU (Suburban Mixed Use) and
is the last portion of the final phase to be constructed of the six phase master plan.
One portion of the twelve (12) foot-wide utility easement to be abandoned runs in a north-south direction for
a distance of approximately 260 feet and is located approximately 50 feet east of the west boundary line of
the apartment development site. The other portion of the easement to be abandoned abuts the south
boundary line of the apartment development site, is nonsymmetrical, and approximately 27 feet in length at
its longest part. Sketches and legal descriptions of the portions of the subject utility easement to be
abandoned are attached as Exhibit "B" and Exhibit "C".
The applicant indicates that the portions of the utility easement are being vacated because there are no
longer any public utilities located within the easement and will not have any public utilities in the future.
Therefore, the easement no longer serves a public purpose.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request:
North: The northern portion of Phase V1 of the Renaissance Commons mixed use
development and farther north right-of-way of Gateway Boulevard;
South: Phase V of the Renaissance Commons mixed use development (Monteverde
Condominiums);
East: Right-of-way of Renaissance Commons Boulevard and farther east is Phase IV of
the Renaissance Commons mixed use development (Vistabella Townhomes); and
Page 2
Memorandum No. PZ 13 -021
ABAN 13 -003
West: The western portion of Phase VI of the Renaissance Commons mixed use
development and farther west right -of -way of Congress Avenue.
BACKGROUND
The Renaissance Commons mixed use development was approved in six (6) phases over a period of years
beginning in 2003. The first three (3) phases have been completed and occupied for a number of years.
The later phases were approved shortly before the downturn in the economy and while construction was
begun on the subsequent three (3) phases, work remains to bring them to completion. The Phase IV project
to the east of this parcel consists of a condominium development (Villa Lago) which is completed and
occupied and a townhouse component (Vistabella) which was started and several units have been
completed and residents moved in, then construction stalled, and it is once again under construction.
Phase V, located immediately south of the subject parcel, was designed as two (2) condominium towers
(Monteverde), one of which is completed and occupied and the other simply has the foundation
constructed. Lastly, Phase VI, the northernmost part of the site, is developed along both Congress Avenue
and Gateway Boulevard, but the residential component immediately south of these commercial buildings
lagged, again due to the economic downturn. Compson Place Apartments recently received the funding
necessary to construct the final component of Phase VI, a 338 unit apartment complex. When the project
was approved, it was recognized that the footprint of the building would encroach upon the previously
dedicated water and sewer utility easement and as a result staff required the abandonment of the
easement and dedication of a new easement. The subject request is essentially a housekeeping matter to
formalize and closeout the abandonment of the easement already accomplished in the field. The applicant
has drafted the legal description and easement sketch for the new replacement easement and provided
copies to the Utilities and Engineering Departments for their review and approval. As a condition of
approval of this abandonment request, the applicant shall record the new easement documents in the
County records.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and its
respective hearing dates. The applicant has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04 -007 and the abandonment request has been advertised in the
newspaper. A summary of the responses is as follows:
CITY DEPARTMENTS /DIVISIONS
Engineering - No objection
Public Works /Utilities - No objection
Planning and Zoning - No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light - N/A
AT&T - N/A
Florida Public Utilities - N/A
Page 3
Memorandum No. PZ 13 -021
ABAN 13 -003
Comcast - N/A
RECOMMENDATION
Staff has determined that the subject portions of the utility easement no longer serve a public purpose and
that a new easement has been proposed to meet the utility needs of the subject project. Based on the
above analysis, staff recommends APPROVAL of the applicant's request to abandon these portions of the
subject 12 foot -wide utility easement, subject to the recordation of the new easement in the County records.
Any conditions required by the Planning and Development Board and the Commission will be placed in
Exhibit "D" - Conditions of Approval.
S:1PlanninglSHAREDIWPIPROJECTS \Renaissance CommonslCompson Place ABAN 13- 0031Staff Report.doc
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EXHIBIT "B"
I N JE r"t
949A Clint Moore Road SURVEYING & MAPPING To]: (561) 241-9988
Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241-5182
I CI 6 SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
12'U.E.
(OR.B. 22388,
PG. 1093, P.B.C.R.)
f� E I N88 54'50"E
cu C01 �l 2. 0 0'
CA ou)
N) l N00 00 0
0
00 41.45' 1000
1 1j CD
N90' 00'00"E 1 0 ? C5
12.73 1 9 N90'00'00"E
I NOOO 00'00"El L 21.52'
12.00A SOOO 00
n I S90 00 12.00'
12. 73 S90 00
21 ° PORTION OF 12'U.E.
0 C:)
01 1 (OR.B. 22388,
0 1
N 1 ' 0 PG. 1093, P.B.C.R.)
C) I a
0 TO BE ABANDONED
q1 10
0
01 1
ml 1 ® D-7
::2- "RENAISSANCE COMMONS
PLAT TWO, A P.U.D."
(P. B. 103, PGS. 104-107, P.B.C.R.)
PORTION OF 12'U.E.
(0 R. B. 216 3 3,
/PG. 1228, P.B.C.R.)
TO BE ABANDONED
N00 010'12"E I
N89 10'46' E S01 07'03"E
5 3 �8.9 7'
i:�� �u F N 3
C 'A
00
0 --q ==4 8018'39"W
PORTION OF 12'U.E.
N) - S8 �10�'46 1 15'
® (OR.B. 22101,
�D > C,4
-< 32.92' zi —J— PG. 477, P.B.C.R.)
m ® S01 0715E 1 TO BE ABANDONED
-P, 0 1 - u
- u K
&J U) 0 1 56.11'
.�A z m m I ' N38' 18'39"W
bu
1 NO 1' 071 5"W (-� 15.
/1 6.27'
S88 53'10"W S. LINE TRACT D-7
TRACT IA-6 11 6
1P.0 ' C --------- .----- - - - - -
MOST SOUTHERLY SW COR. \--N880 57'41''E UTILITY EASEMENT
TRACT D ''RENAISSANCE 26.91' (O.R.B. 22101,
COMMONS PLAT TWO, A P.U.D." !=::::�:<
PG. 477, P.B.C.R.)
(P.B. 103, PGS. 104 P.B.C.R.)
JOB No. 02151-6 Project Nam- COMPSON PLACE APTS. I DWG BYs JSH SCALEa 1.1
I CK-D By: JEK JDATE: 05/28/2013 SHEET 3 OF 3
EXHIBIT "c"
949A Clint Moore Road SURVEYING & MAPPING Tel: (561) 241-9988
Boca Raton, Florida 33487 Certificate of Authorization No. LB7284 Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
ABBREVIATIONS (NOT A SURVEY)
L = ARCLENGTH
CONC. = CONCRETE
COR. = CORNER
D DELTA (CENTRAL ANGLE)
D.E. DRAINAGE EASEMENT
I. R. IRON ROD
I.R.C. IRON ROD AND CAP
L.B. LICENSED BUSINESS
L.S. = LICENSED SURVEYOR
MON. MONUMENT
0 R:B. OFFICIAL RECORDS BOOK
P.D.B. OINT OF BEGINNING
P.O: C POINT OF COMMENCEMENT
P.B. PLAT BOOK
P.B.C.R. = PALM BEACH COUNTY RECORDS
PG. = PAGE
P.S.M. = PROFESSIONAL SURVEYOR
B MAPPER
RIW = RIGHT-OF-WAY
U.E. UTILITY EASEMENT
TRACT D-7
"RENAISSANCE COMMONS
PLAT TWO, A P.U.D."
(P.B. 103, PGS. 104-107, P.B.C.R.)
PORTION OF
P.O.C. UTILITY EASEMENT
(OR.B. 22388,
MOST SOUTHERLY SW COR. PG. 1093, P.B.C.R.)
TRACT D-7 "RENAISSANCE N90` 00'00''E TO BE ABANDONED
COMMONS PLAT TWO, A P.U.D."
(P.B. 103, PGS. 104-107, P.B.C.R.) NOOO 00'00"Er 12,00 '
11.80' 1 SOOO 22'17''E
N88 53'10 1 21.57' PORTION OF
15.05' j UTILITY EASEMENT
N01 06'50''W P 0 B 3.00' S88 53'11''W (OR.B. 22101,
N01 06'50"W 10.00 PG. 477, P.B.C.R.)
2.87' TO BE ABANDONED
3 S8 53'10 \588 53'10"W S. LINE TRACT D-7
12.00'
6-
N88 57'41"E 14.92' 8 "W 12. 00'
S01 06'50"E N01- 06'50"\W\ TRACT A-6 7.19' 7.19'
UTILITY EASEMENT
(O.R.B. 22101,
(
COMMONS
3�
�20 S '
10 'P'
NO
� R R 1,7 41" W
�1 4.9Z S8
So )"E/
A-6
PG. 477, P.B.C.R.)
TRACT D-6
"RENAISSANCE COMMONS
PLAT TWO, A P.U.D."
(P.B. 103, PGS. 104-107, P.B.C.R.)
dOB NO. 02151-6 Project Nam: COMPSON PLACE AP�TS. �DWG BY�g�JSH�SCAL�E-V�-20-�
CK'D By, JEK DATES 05/28/2013 SHEET 2 OF 2
EXHIBIT "D"
Conditions of Approval
Project name: Compson Place Utility Easement Abandonment
File number: ABAN 13 -003
Reference:
DEPARTMENTS INCLUDE REJECT
ENGINEERING /PUBLIC WORKS/ UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
1. The abandonment of the portions of the 12 foot -wide utility easement
is subject to recording of a replacement easement acceptable to the
City in the County records.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S: \Planning \SHARED \WP \PROJECTS \Renaissance Commons \Compson Place ABAN 13- 003 \COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Compson Place Utility Easement Abandonment (ABAN 13 -003)
APPLICANT: Jeffrey Schnars P.E., Schnars Engineering Corporation
APPLICANT'S ADDRESS: 949A Clint Moore Road, Boca Raton, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Abandonment of portions of a 12 foot -wide Utility Easement located at
Compson Place at Renaissance Commons
LOCATION OF PROPERTY: SE corner of Gateway Boulevard & Congress Avenue (1831 Renaissance
Commons Boulevard)
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 \Renaissance Commons \Compson Place Aban \DO COUS 13- 003.doc
OLD BUSINESS
6.B.1
Cross Creek Centre
(MPMD 13 -001)
(COUS 13 -002)
Master Plan Modification
Conditional Use
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-028
STAFF REPORT
TO: Chair and Members of the Planning and Development Board
and City Commission
THRU: Michael Rumpf
Planning and Zo! Director
FROM: Kathleen Zeitler
Planner 11
DATE: August 14, 2013
PROJECT NAME/NO: Cross Creek Centre / MPMD 13-001, COUS 13-002
REQUEST: Master Plan Modification and Conditional Use
PROJECT DESCRIPTION
Property Owner: Cross Creek Boynton, LLC
Applicant: Michael Janoura of Cross Creek Boynton, LLC
Agent: Victor Yue of Dorsky Yue International, LLC
Location: 1301 West Boynton Beach Boulevard
(see Exhibit "A" — Site Location Map)
Acreage: 4.54 acres (197,820 square feet)
Property Control Number: 08-43-45-29-20-002-0000
Future Land Use Classification: Local Retail Commercial (LC)
Existing Zoning District: Planned Commercial Development (PCD)
Proposed Future Land Use: No change proposed
Proposed Zoning District: No change proposed
Public Hearing Requests: Request Master Plan Modification approval to construct a
freestanding restaurant (2,024 square feet) and related site
improvements; adjust the parking layout; update the fagades of the
existing buildings; and revise perimeter landscaping.
Request Conditional Use approval for a drive-through facility in
conjunction with the proposed restaurant.
Staff Report — Cross Creek Centre
MPMD 13-001/COUS 13-002
Memorandum No PZ 13-028
Page 2
Adjacent Uses:
North: Right-of-way for Lake Worth Drainage District (LWDD) Lateral-24 Canal, and directly
north, a church (Church of God on Hoadley Road), and to the northeast, a developed
single-family subdivision (Venetian Isle), both areas zoned Single-Family Residential
( -1 AA);
South: Right-of-way for Boynton Beach Blvd (approximately 100 feet in width), and farther
south, a developed residential condominium complex (Leisureville Lake
Condominiums) zoned Multi-Family Residential (R-3);
East: Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, and farther east,
a developed residential condominium complex (Casablanca) zoned Multi-Family
Residential (R-3); and,
West: A commercial shopping center (The Villager Plaza) on 1.62 acre zoned Community
Commercial (C-3).
PROPOSAL
Victor Yue of Dorsky Yue International LLC, agent for property owner Cross Creek Boynton LLC, is
requesting approval of a master plan modification and conditional use forthe existing Cross Creek Centre.
The proposal includes the following master/site plan modifications: the addition of a 2,024 square foot
freestanding restaurant; updating the fagades of the existing buildings; adjustment of the parking lot layout;
and additional landscaping (see Exhibit "B" - Plans). Due to the Planned Commercial Development (PCD)
zoning district of the subject property, all development and redevelopment within the PCD is governed by a
master plan and corresponding site plan, or as in this case, a combination master/site plan. The proposed
modification increases the building square footage by more than five percent (5%), therefore a major
master plan modification (City Commission review and approval) is required subject to Chapter 2, Article 11.
Section 2.D.6. of the Land Development Regulations (LDR). The proposal also includes a conditional use
approval for a drive-through facility for the proposed freestanding restaurant. A drive-through facility
requires conditional use approval per Chapter 3, Article IV, Section 3.13.6. of the LDR. A conditional use is
defined in the LDR as a use that because of special requirements or characteristics may be allowed in a
particular zoning district, but only with conditions as necessary to make the use compatible with other uses
permitted in the same zone or vicinity.
BACKGROUND
The subject property encompasses 4.54 acres and is located west of 1-95 on the north side of West
Boynton Beach Boulevard and east of South Congress Avenue. The site has over 1,000 lineal feet of
frontage on Boynton Beach Boulevard. City records indicate the master/site plan for the subject property
was approved in 1987, and the shopping center was constructed in 1988. The shopping center is 25
years old and has been maintained, but is in need of an upgrade. The Cross Creek Centre consists of two
(2) one-story buildings totaling 33,417 square feet in size. The site plan indicates Building "A" as the
easternmost building with 15,374 square feet, and Building "B" as the westernmost building with 18,043
square feet. The proposed freestanding restaurant with a drive-through facility is indicated as Building "C"
on the site plan. The additional changes proposed include enhancements to the building facades, a new
color palette, improved pedestrian and handicapped accessibility, parking adjustments, and new
landscaping.
Staff Report — Cross Creek Centre
MPMD 13- 001 /COUS 13 -002
Memorandum No PZ 13 -028
Page 3
ANALYSIS
The Planning and 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 subject to 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 harmonywith
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.
STANDARDS FOR EVALUATING CONDITIONAL USES
Chapter 3, Article IV, Section 4.C. 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 standards.
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.
Two (2) existing driveway openings allow for vehicular ingress /egress from Boynton Beach Boulevard.
These access points adequately address the needs of typical vehicular circulation, as well as that of
emergency vehicles and sanitation equipment. No revisions are proposed to the subject property that
would affect or alter the two (2) existing points of ingress /egress to the site. Inter- parcel access is
provided to the Villager Plaza to the west by an existing cross - access drive. A Cross - Easement
Agreement, in effect since 1987 between the properly owners, grants a perpetual non - exclusive
easement for vehicular and pedestrian ingress and egress between the two (2) properties. The site
plan indicates the drive aisles for entering and exiting the proposed restaurant with drive - through will
be improved with an alteration to an existing landscape island and include a diagonally striped median.
This channelized movement will direct and separate inbound and outbound vehicular traffic and
increase safety. The site plan indicates an existing pedestrian walkway from the sidewalk along
Boynton Beach Boulevard to Building "B". A similar pedestrian walkway is planned for safe pedestrian
access to the proposed Building "C ". A bike rack is also proposed near the main entrance to Building
"C" in compliance with code requirements for pedestrian and bicyclist amenities.
The proposed drive - through facility is not allowed on any building fagade that directly fronts on a public
street per the community design standards of the Land Development Regulations. Vehicular traffic for
the drive - through facility is directed to the rear (north) of the proposed restaurant so it is not visible
from Boynton Beach Boulevard. The pick -up window is located at the northwest cornerof the building
to comply with the required minimum of 70 feet of vehicle queuing and stacking. The one -way drive
aisle adjacent to the queuing lane also functions as the required by -pass route around the point of
service. Safe access, traffic flow, and vehicular circulation are provided throughout the site for
emergency service vehicles. The drive aisle nearest the existing storefronts would be utilized by
emergency vehicles as a fire lane in case of fire or catastrophe. For safety and convenience, all
necessary traffic control signage and pavement markings will be provided to clearly delineate areas on
site and direction of circulation. A minimum four (4) foot wide fire lane will be painted and striped with
the pavement marked as a fire lane.
Staff Report - Cross Creek Centre
MPMD 13- 001 /COUS 13 -002
Memorandum No PZ 13 -028
Page 4
2. Off-street parking and loading areas where required, with particular attention to the items in subsection
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 proposed site plan modifications have been designed to upgrade the existing shopping center to
several current code requirements for traffic and pedestrian circulation, accessibility, community
design standards, and landscaping. Through the proposed renovations to the site, the applicant will
replace parking to the greatest extent possible. Off - street parking for a shopping center requires one
(1) parking space for every 200 square feet of building area. Based on the existing building square
footage (33,417), a total of 167 parking spaces are required, and 185 parking spaces exist, for a
current total of 18 extra parking spaces on site. By adding the proposed Building "C" (2,024), the total
building square footage of the center increases to 35,441 square feet, which requires a total of 177
parking spaces. The site plan proposes a total of 181 parking spaces, for a total of four (4) extra
parking spaces remaining on site. In addition, handicapped parking on site will increase from six (6)
spaces to nine (9) spaces. Due to the minimal size and operation of the proposed restaurant, the City
Engineer has waived the requirement for a separate loading zone for the proposed use.
The proposed use should have no impact on glare, noise, and odor on the adjacent or neighboring
properties or on the city as a whole. The single- family residential neighborhood to the north is
separated from the subject property by a canal. The parking area is landscaped along the north
property line adjacent to residential development, and includes a masonry buffer wall six (6) feet in
height which will minimize noise and also glare from the headlights of patron's cars. Additional
landscaping would be provided within the perimeter buffer to the north which will act as a vegetative
sound barrier. The parking lot lighting fixtures are existing, and required to be designed to prevent
glare and light spillage onto adjacent properties. Additionally, a professional sound study was
performed by GeoSonics, Inc. (see Exhibit "C "). The sound study concluded that proposed site
operations should not have an adverse effect on adjacent properties, and would be in compliance with
the sound standards set forth in the City's Noise Ordinance. The sound study found that noise levels
from vehicular traffic exceeded the typical noise level near a menu board speaker, and sound levels
leaving the site will be within tolerances defined within the Code of Ordinances (60 decibels between
the hours of 7 AM & 10 PM and 55 decibels from 10 PM to 7 AM for exterior sound levels for receiving
residential properties). Should ultimate measurements detect excessive sound levels, further
mitigation such as volume adjustments shall be required (see Exhibit "D" — Conditions of Approval).
3. Refuse and service areas, with particular reference to the items in subsection T and 2 above.
A dumpster for the proposed drive - through restaurant is required. The site plan indicates an existing
dumpster is located to the east of the proposed Building "C ", away from Boynton Beach Boulevard.
Due to the anticipated traffic flow and design of the garbage trucks, the angle of the existing dumpster
will be modified to efficiently facilitate the removal of its contents. The existing dumpster enclosure will
also be improved with stucco painted to match the buildings and a new gate. Landscaping is
proposed on three (3) sides consisting of Green Buttonwood and Pigeon Plum trees and a Cocoplum
hedge.
Staff recommends as a condition of approval that all existing dumpsters for the shopping center be
required to be completely screened in compliance with City requirements (see Exhibit "D"— Conditions
of Approval).
Staff Report — Cross Creek Centre
MPMD 13- 001 /COUS 13 -002
Memorandum No PZ 13 -028
Page 5
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 for this project. Locations of existing water and sewer lines, meter,
and hydrants are indicated on the civil plans (sheets C -4 and C -4A).
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
Landscaping for the entire shopping center is proposed to be updated to provide additional buffering,
color, and visual interest. The landscape plan indicates pervious areas will total 30% of the subject
property. The landscaping proposed will add to the ambiance of this key location through warranted
enhancements to this older shopping center. The landscape plan indicates a total of 94 existing and
proposed drought tolerant buffer trees within the perimeter of the site. All trees within the north buffer
adjacent to the residential properties will remain. Several Green Buttonwood trees are proposed to be
added to the north buffer to fill in gaps and further screen the drive- through facility from adjacent
residential. A Cocoplum hedge is also proposed along the outside of the buffer wall. Staff is
recommending additional foundation landscaping around the proposed Building "C ", including the
addition of planters in paver areas (see Exhibit "D" — Conditions of Approval). The landscape plan
indicates a total of 4,295 drought tolerant shrubs and groundcovers will be added to the existing
landscaping on site. City signature trees and colorful shrubs will be added on each side of access
drives for visual interest. To restore areas on site to landscape standards requiring number one grade
plant materials, a total of 18 trees and palms will be removed (150 caliper inches) and replaced with 58
trees and palms (220 caliper inches). Existing and proposed Florida Royal Palms along Boynton
Beach Boulevard are located close to FPL lines and staff recommends relocation of these palms and
replacement with a native species of tree that complies with the FPL guide "Right Tree, Right Place"
(see Exhibit "D" — Conditions of Approval).
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
A freestanding monument sign currently exists on site. One (1) wall sign is proposed on the front
(south) side of the proposed restaurant building. At this time, the future tenant is not known, therefore
sign details will be reviewed at time of permitting. Staff is recommending as a condition of approval
that a formal Master Sign Program be created and submitted for staff review and approval to ensure
uniformity and compatibility of the new signage, existing signage, and the new color palette proposed
for the shopping center. The existing light fixtures on site and all proposed lighting will be shielded to
direct light downward to prevent light spillage onto adjacent properties and passing motorists.
7. Required setbacks and other open spaces.
The proposed addition would meet all minimum setback requirements of the PCD zoning district. The
minimum PCD setbacks required are front 40 feet, side 30 feet, and rear 40 feet. The proposed
Building `°C would be set back from the Boynton Beach Boulevard right -of -way a distance of 80 feet.
The building would be set back a distance of 58 feet from the side (west) property line and a distance
of 64 feet from the rear (north) property line. In addition to the 64 foot rear setback, open space
(LW DD Lateral 24 Canal right -of -way 90 feet wide) further separates the proposed use from residential
development to the north. The distance between the proposed restaurant with drive through and the
residential lots to the north is approximately 154 feet.
Staff Report — Cross Creek Centre
MPMD 13- 001 /COUS 13 -002
Memorandum No PZ 13 -028
Page 6
8. General compatibility with adjacent property and other property in the zoning district.
The traffic concurrency approval letter from Palm Beach County Traffic Division indicates that the
proposed restaurant would generate 512 new daily trips to the existing shopping center, with 51 A
and 67 PM peak hour trips during rush hour traffic times on Boynton Beach Boulevard. In general, the
proposed use is compatible with the existing commercial uses in the surrounding area in the C -3
zoning district. There will be minimal on -site impact from the proposed use.
The proposed use would be compatible with other uses on adjacent properties. It is not anticipated
that the proposed drive - through facility will result in the creation of any adverse impacts. The nearest
residentially -zoned properly is approximately 154 feet to the northeast separated from the subject
property by a canal and buffer with a six (6) foot high buffer wall. It should also be noted that
restaurants without drive- through facilities are permitted uses in the PCD zoning district without
requiring conditional use approval. Therefore should the drive through facility be denied, a restaurant
would be permitted. The proposed use and site design should not have any adverse impact on the
adjacent properties or the area in general. The proposed building design is consistent with the facade
improvements and new color palette proposed for the existing buildings within Cross Creek Centre.
The main entrance to the building would be located on the south side facing Boynton Beach
Boulevard. The proposed restaurant building would be visually compatible with other existing buildings
in the shopping center and the surrounding commercial development within the Boynton Beach
Boulevard corridor.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
The proposed building is a one -story structure which is compatible with surrounding land uses. The
maximum building height allowed in the PCD zoning district is 45 feet (4 stories). The renovated
shopping center is comprised of one -story buildings with the height of the varying parapet rooflines
ranging between 25 feet and 30 feet. The proposed Building "C" is also designed as a one -story
structure, approximately 22 feet in height to the top of its flat roof, and 30 feet to the top of the parapet
wall which screens rooftop equipment. The proposed building would not exceed the PCD zoning
district's maximum height limitations and would be compatible in comparison with neighboring
commercial and residential development.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The request is considered a conditional use only because the proposed restaurant has a drive- through
component. The proposed restaurant will provide additional suitability and choice for the members of
the community through outdoor dining on the south side of the building and the convenience of a drive -
through facility. The renovation of the existing buildings in the shopping center and the addition of the
proposed restaurant with drive - through will attract new customers, benefit existing businesses in the
center, and facilitate the use of any existing vacant tenant space. It is anticipated that Boynton Beach
Boulevard will continue to develop, redevelop, and intensify as a commercial corridor. The proposed
drive - through restaurant would be an appropriate commercial use for this site.
Based on its distance to nearby residential properties, site buffering and landscaping, staff opines that
there would be no negative effect on nearby properties, as specified by the professional sound study
submitted.
Staff Report — Cross Creek Centre
MPMD 13-001/COUS 13-002
Memorandum No PZ 13-028
Page 7
11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use
zoning district or redevelopment plan.
This standard does not apply based on the location and zoning district of the subject property.
However, with incorporation of staff comments, the proposed project would upgrade the existing
shopping center to several current code requirements and further the purpose and intent of the
applicable development regulations.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4. N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
restaurant with drive-through facility would operate in a manner that is in compliance with City codes
and ordinances. A professional sound study was conducted that found noise levels from vehicular
traffic exceeded the typical noise level near a menu board speaker (see Exhibit "C"). Sound levels
leaving the site will be within tolerances defined within the Code of Ordinances (60 decibels between
the hours of 7 AM & 10 PM and 55 decibels from 10 PM to 7 AM for exterior sound levels for receiving
residential properties). The sound study concluded that proposed site operations should not have an
adverse effect on adjacent properties, and would be in compliance with the sound standards set forth
in the City's Noise Ordinance. Should ultimate measurements detect excessive sound levels, further
mitigation such as volume adjustments shall be required (see Exhibit "D" — Conditions of Approval).
Staff also recommends that the audio component of the menu board for the drive through facility
project sound to the east rather than directly north to not create a disturbance to the adjacent
residential neighborhood (see Exhibit "D" — Conditions of Approval). In conclusion, the applicant will
be required to obtain all necessary permits, approvals, inspections, and licenses from all applicable
governing bodies in order for a certificate of occupancy to be issued for the proposed use.
RECOMMENDATION
Based on the discussions contained herein and compliance with development regulations, staff
recommends that this request be approved subject to satisfying all Conditions of Approval contained in
Exhibit "U'. Furthermore, pursuant to Chapter 2, Article 11, Section 2.C.5, the expiration of the conditional
use approval shall correspond to the expiration of the master/site plan. If this request is approved, a
period of eighteen (118) months is allowed to obtain a building permit for this proposal.
S:\Planning\SHARED\WP\PROJECTS\Cross Creek Centre\MPMD 13-0011COUS 13-0021Staff Report.doc
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EXHIBIT 96Cp%
-GeoSonl
REPORT
TO err
Janoura Realty and Management, Inc.
6827 West Commercial Boulevaed
Tamarac, Florida 33319
DATE
July 8, 2013
SUBJEff
NOISE MEASUREMENT AND EVALUATION
Cross Creek Center
June 13 —14, 2013
lit ?r ,,`,`.4
NOISE MEASUREMENT AND EVAWATION
Cross Creek Center*
Janoura Realty and Management, Inc.
July 8, 2013
PURPOSE
Thei purpose of this. study was to measure existing noise levels adjacent to the proposed
location for ifas;t food restaurant within the Cross Creek Center; Boynton Beach Boulevard,
Boynton Beach, FL and evaluate community noise impract from the store's proposed exterior
drive . -through menu board. -'his evaluation is to insure the sign board meets the criteria
contained within the Boynton Beach Code.
PROCEDURE
On June 13 —14, 2013, noise level measurements were taken at the proposed fast food
restaurant site of existing noise, including vehicle and associated traffic noise. The general
neighborhood ac tivity was also measured as part of this evaluation. In order to assess the
exterior menu board speaker noise, measurements were ma d of an operating -fast foo.d
restaurant for base level comparison. Noise level measurements were made In accordance
with the code requirements of Boynton Beach, Florida.
Measurements were made by Mrs. Katie Daniel-Mayer, Technical Representative of
GeoSonics, Inc.
NOISE LEVEL MEASUREMENT
Noise level measurements Were made using a Larson Davis System 824, Serial No. 1157.
The unit is a Type I Precision Integrating Sound Level Meter (ISLM) with -real time 1/3 octave
Filter. The unit. me . asuees noise in a variety of methods. During the test, the unit was
configured for A-we'ig'fited, slow res'ponsd as required by the regulations.
Tlie specifications on the ISLM -are as follows
Integration Characteristics
The Larson Davis System 824 measures and displays sound- pressure level or sound-exposure
Level integrate over selectable times. Short-time standard FAST and SLOW (R S) sound'Ievels
over a range of 115 d13 are included in the integrated result.
Standards-
meets the foll6wing:
ANSI Standard specifications for Sound-level Meters 51.4-1985, Type I (Precision).
IEC Standard 30651-1993, 60804-1993 Sound-level Meters (Type 1).
ANSI Standard Specification for Octave, Haif-octave, and Third-octave Band Filter Sets
5I.11-1986, Type I-D.
IEC 1260-1995 Class 1, Octave and Third-octave Band Filtdrs for the Analysis of Sound
and Vibration:
Reference Conditions: -
Sound Pressure Level: 114.0 dB
Ftequency: 1,000 Hz
Frequency Weighting and Filters:
A, C, and Flat weighting per reference standards
Octave -band filters ranging from 12.5 Hz to 20 kHz.
Detector Characteristics:
Detector Response: Fast, Slow, Impulse, Peak, and Leg switch selectable.
Microphone and Preamplifier
TYPE: Larson Davis PR IVI 902 Preamplifler random incidence, microphone, Serial No.
1652.
RECORDING LOCATIONS
During this study, measurements were taken of existing noise levels at five locations to
evaluate current noise conditions of the surrounding land use locations. In addition, the noise
at the pre I posed location of the restaurant was measured. The specific locations for monitoring
are as follows.
i. Larson-Davis System 824, Serial No. 1157 was located at the southeast comer. of
the Shopping Center parking lot, 320 North Congress Avenue, Boynton Beach, FL
33426.
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2. Larson -Davis System 824, Serial No. 1157 was located at the south bank of the
canal, north of the barrier .wall at the Cross Creek Center. The noise
measurement was conducted due - north of the proposed location of the fast
food restaurant and approximately 125 feet from the nearest residential
property line.
3. Larson -Davis System 824, Serial No. 1157 was located -.at the northwest corner of
the Cross Creek Center parking lot approximately 40 feet from the adjacent
commercial property.
4. Larson - Davis System 8x4, Serial No. 1157 was located was located at the
northeast corner of the Cross Creek Center parking lot approximately 17 feet
from the northwest corner of Blockbuster Video.
5. !.arson -Davis System 8244, Serial No. 1157 was located at the south property line
of McDonalds restaurant, 4101 S.W. 64 Avenue,. Davie, Florida 33314
approximately 40 feet due south of the drive - through menu board.
NOISE MEASUREMENTS
Noise level measurements were made at four different locations around the proposed
fast food site to determine the existing noise levels. The noise levels were recorded during
morning. hours to provide an expected worst case scenario for the speaker noise and in
comparison with the expected busiest sales time. in addition, since the proposed site is within
an existing shopping center, the evaluation was completed in a similar site with traffic noise
being evaluated as those levels typically produce the major noise source in the area. The on-
site measurements taken are as follows. -
Noise Level Summary
f
SE corner Congress Avenue Commercial Commercial 52:6
Shopping Center 65/50 75/55
Residential Residential 52.7
2 South Bank of Canal 60 70/60
NW corner of Cross Creek Commercial Commercial 61.6
3 Center Parking Lot . 65 -150 75/55
NE corner of Cross Creek Commercial Commercial 64.1
4 Center Parking Lot 65150 75/55
Commercial Commercial 65.7
5 cDonalds Parking Lot 65 75/55
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DISCUSSION OF IRESULTS
The -noise level measurements made for this study were completed to verify that the
operation of the menu board at the proposed fast food restaurant will not create noise levels
that exceed the linifts of the Boynton Beach, Florida Code. The measured levels at both the
proposed location and test site are heavily influenced by adjacent vehicle traffic providing
similar evaluations.
The City of Boynton Beach limits noise based on receiving land use and requires noise
evaluation be based on the Ljo value df a period of 10 minutes or more. This measurement
method provides the decibel dB(A) value that -measured for ten -percent of the recording
period. The L10 ' limits for Commercial Properties is 65 dB(A) for the hours of 7:00 a.m.to 11
p.m, and 50 dB(A) for the hours of 11:00 p. .to 7:00 a.m. The L 10 limits for Residential
Properties is 60 dB(A) for the hours of 7:00 a.m. to 11--00 p.m. and 55 dB(A) for the hours of
11 p.m. to 7 a.m. Boynton Beach further states:
"The maximum sound level from any applicable sound sources shall not exceed
the Lio sound level limits by more than 10 dB(A) from 7:00 a.m. to 11:00 p.m. or
5 dB(A) from 11:00 p.m. to 7:00 a.m." (Section 15-8.8, City of Boynton Beach
Code of Ordinances).
All noise measurements were for a minimum of 10 minutes and the. locations were
selected based on the receiving land use of the adjacent properties. Location Nos. 1, 3, and 4
represent.the nearest commercial neighbors;. Location No. 2 represents the residential area
north of Cross Creek Center; Location No. 5 represents the anticipated noise levels from the
menu board of a future fast food restaurant. At all of these monitoring locations, the highest
noise levels . were caused by traffic noise or other environmental sources. Vehicle noise levels
always exceeded the noise levels created by the menu board at Location No. 5. When
measured at the-adjacent properties, the menu board would not exceed noise limits and may
not be discernible over vehicle noise and other environmental noise sources;
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CONCLUSION
Based upon noise level measurements made at an operating fast food restaurant menu
board representative of the proposed site, the menu board Will not be audible at the adjacent
residential community in our opinion. Noise levels at both the proposed and operational sites
were influenced by vehicle traffic on adjacent roadways. When projecting noise levels at the
proposed fast food site, the same conditions of high traffic noise exist. As such, in our opinion,
Without traffic the proposed site would meet Boynton Beach regulations as the noise of the
Menu Board will be overshadowed by vehicle traffic on Boynton Beach Boulevard and the site
plan includes design features and additional landscaping to mitigate noise t6 adjacent
properties.
Respectfully submitted,
GeoSonics, 10c.
Mrs. Katie Daniel- jer,
Field Technician
Jeffrey Straw
Vice Pr sident and Area Manager
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EXHIBIT "D" - CONDITIONS OF APPROVAL
Project Name: Cross Creek Centre
File number: MPMD 13-001 / COUS 13-002
Reference: 3 review -plans identified as a Master Plan Modification and Conditional Use with a
July 23, 2013 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. At time of permitting, correct the western access drive from Boynton
Beach Boulevard on all civil, tree disposition, and landscape plan
sheets to indicate one (1) right-in lane and one (1) right-out lane (no
left turn due to median). Align proposed striped median and inbound
and outbound traffic drive aisles accordingly.
2. At time of permitting, revise'Sheet TS-3 to tabulate the total number
or diameter inches of existing trees on the site proposed to be
preserved in place, relocated, or removed and replaced [diameter
inches] on the site, and indicate all replacement trees with a
separate symbol on the landscape plan.
3. At time of permitting, revise landscape plans to indicate tree
protection barriers for the 39 existing trees to be preserved in place.
4. At time of permitting, revise landscape plans and tree disposition
plans as follows:
- a. Trees 11-12: healthy, must relocate, show new location on
landscape plan.
b. Trees 14, 16, 14: show mitigation 26" total.
c. Trees 51-59: shown as relocate in table, not shown relocated on
landscape plan.
d. Trees 62-69, 71: relocate, show new location on landscape
plan.
e. Trees 72, 75-77: relocate, show new location on landscape
plan.
f. Trees 85-86: shown as remaining on landscape plan, show as
remaining in table.
g. Trees 101 -113: shown as remaining on landscape plan, show as
remaining in table.
5. At time of permitting, revise landscape plans to indicate where the
15 Royal Palms are to be relocated on the site.
6. At time of permitting, revise landscape plan to include a 25 foot safe
sight triangle and provide mature plant/tree size for all plant material
within the 25 foot safe sight triangle, verifying that all will be within
the guidelines for plantings within the 25 foot safe sight triangle,
specially cross visibility at maturity. (Ch. 4, Art. 11 Sec. 4.A.14.a. of
the LDR)
Cross Creek Centre
MPMD 13- 001 /COUS 13 -002
Conditions of Approval
age 2 of 6
DEPARTMENTS INCLUD
7. At time of permitting, submit an Irrigation Plan that follows the Florida
Friendly - Waterwise principles using water saving components.
FIRE
Comments: All previous comments have been addressed.
POLICE
Comments:
8. Prior to issuance of the building permit, the applicant shall prepare a
construction site security and management plan for approval by the
City's Police Department CPTED Official.
9. Security measures at a construction site are determined after a
security surrey is conducted using the following procedures: a
staging area to store equipment and park machinery must be
fenced. The staging area must be visible from an accessible
roadway to allow effective police patrol. Lighting must be provided to
allow complete visibility to the area. Approved padlock for all
storage trailers and equipment trailers and park within staging area.
10. At time of permitting, revise plans to ensure there is no conflict with
outdoor lighting and long -term tree canopy growth. Timer clock or
photocell lighting for nighttime use shall be above or near entryways.
11. At time of permitting, revise plans to indicate pedestrian scale
lighting shall be used for all street and pedestrian walkways, with
interactive or lighting on demand used in sensitive areas.
BUILDING DIVISION
Comments: All previous comments have been addressed.
PARKS AND RECREATION
Comments: None
DEPARTMENTS INCLUDE I RE:J:E:C:jT
PLANNING AND ZONING
Comments:
12. At time of permitting, submit a copy of waiver approval from the
Engineering Division for the loading zone or revise plans to include
the required loading zone for proposed Building "C".
13. At time of permitting not i e on plans that all rooftop equipment must
be completely screened from view at a minimum distance of 600 feet
(per Ch 4, Art III, See. A.9.a.)
14. At time of permitting, revise plan sheets for proposed Building "C"
building elevations to identify added decorative features such as
medallions, including color and materials.
15. At time of permitting, revise landscape plan to note that existing
landscape buffer wall shall be maintained with a neutral color that is
consistent with the new color palette for the shopping center.
16. At time of permitting, revise site plan and landscape plan to indicate
and label the existing monument sign near the eastern access drive.
17. Prior to permitting, submit a revised Master Sign Program to
Planning & Zoning for approval that integrates the new facades and
color palette for the shopping center, and the new tenant for
proposed building (including menu board).
18. Prior to permitting, provide details of proposed multi-tenant wall
signage, including sign dimensions, font, colors, and sign face area
per sign. Per the Community Design Plan requirements of the LDR,
only one (1) type of sign and (1) font/lettering style is permitted.
19. Any signage for proposed Building "C" that is visible from adjacent
property to the north shall be non-illuminated so as to minimize
impacts to adjacent residential properties.
20. The Florida Royal Palms along Boynton Beach Boulevard are very
close to FPL power lines. At time of permitting, revise landscape
plans to indicate all existing and proposed Royal Palms along
Boynton Beach Boulevard shall be relocated elsewhere on site and
replaced with a native species of canopy tree (with a minimum 4-inch
caliper) that complies with the FPL "Right Tree, Right Place" guide
and City landscape standards.
21. At time of permitting, revise landscape plan to include a canopy tree
in. between each existing tree that is no longer Florida No. 1 quality
to screen adjacent residential properties from view above the 6 foot
buffer wall.
DEPARTMENTS INCLUDE REJECT
22. At time of permitting, revise landscape plan to provide required
foundation landscaping for proposed Building "C" by adding trees or
palms (proportional to building height) and shrubs along the west
side, and a planter (a minimum of 5 feet wide) in paver area on the
east side of the building.
23. At time of permitting,' revise landscape plans to propose trees and
colorful shrubs for all planters in paver areas on south and east
building elevations of proposed Building "C" to comply with
foundation landscaping requirements.
24. At time of permitting, revise landscape plan to propose a 12-14 foot
Traveler's Palm or White Bird of Paradise Palm midway on north
side of proposed Building "C" to break up the large expanse of blank
wall and continuous hedge.
25. At time of permitting, revise landscape plan to relocate the proposed
trash receptacle to the east fagade of proposed Building "C" near the
side door to reduce conflict with handicap accessibility and outdoor
26. At time of permitting, revise photometric plan site layout to match
new parking and landscape island designs indicated on other plan
27. Staff recommends that the audio component of the menu board
related to the drive-through facility project sound to the east, rather
than north, in order to mitigate any potential negative impact to the
residential neighborhood to the north. Sound levels shall be
monitored and if sound levels are found to exceed sound limitations
of the code, the owner or operator shall either reduce the
amplification level to comply with city sound limits, or apply additional
sound mitigation measures to accomplish same.
28. At time of permitting, revise plans to indicate all existing dumpsters
for the shopping center shall be completely screened in compliance
with City requirements, and all dumpster enclosures shall be painted
to match a neutral color used on the new color palette for the
29. At time of permitting, revise plans to extend the pavered walkway in
front of Building "B" to include the area designated for parallel
parking on each side of the striped pedestrian walkway, thereby
eliminating two (2) parallel parking spaces and providing additional
safety for pedestrians.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None (not in CRA area).
`
Cross Creek Centre
MPMD 13-001/COUS 13-002
Conditions of Approval
Page 5 of 6
DEPARTMENTS INCLUDE REJECT
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
DEPARTMENTS INCLUDE REJECT
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\PlanningkSHAREDXWP\PROJECTS\Cross Creek Centre\ MPMD 13-001 \Conditions of Approval.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Cross Creek Centre (MPMD 13-001 / COUS 13-002)
APPLICANT/AGENT: Victor Yue of Dorsky & Yue International, LLC
APPLICANT'S ADDRESS: 100 SE 3r Avenue, Suite 2410, Fort Lauderdale, FL 33394
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Master Plan Modification and Conditional Use to allow construction of a
freestanding restaurant with drive-through facility consisting of 2,024 square
feet and related site improvements at the Cross Creek Centre, a 4.54-acre
parcel in the Planned Commercial Development (PCD) zoning district.
LOCATION OF PROPERTY: 1301 West Boynton Beach Boulevard
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
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\Cross Creek Centre0evelopment Order MPMD 13-001 & COUS 13-002.doc
NEW BUSINESS
7.A.1
Healing Grounds
Veterinary Clinic
(MSPM 13 -003)
Major Site Plan Modification
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-030
STAFF REPORT
TO: Chair and Membe of the Planning and Development Board
A I
THRU: Michael RuMpfw
Planning and Zoning Director
FROM: Kathleen Zeitler yl-
Planner 11
DATE: September 16, 2013
PROJECT NAME/NO: Healing Grounds / MSP M 13-003
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: White Elk Enterprises, LLC
Applicant: Nancy Keller, DV, White Elk Enterprises, LLC
Agent: Bridget Keller
Location: 222 W. Boynton Beach Boulevard (see Exhibit "A" — Site Location
Map)
Future Land Use/Zoning: Local Retail Commercial (LC) / Neighborhood Commercial (C-2)
Proposed Uses: Combination Veterinary Clinic and Human Massage Therapy and
Acupuncture
Acreage: 0.60 acre (26,047 square feet)
Adjacent Uses:
North: Right-of-way for Boynton Beach Boulevard, and farther north, a
personal services salon zoned C-2; and to the northeast, a single-
family residence fronting zoned C-2;
South: Single-family residences zoned R-1A (Single-Family Residential);
East: A day care center zoned C-2; and,
West: Right-of-way for NW 2 nd Street, and farther west, a service station
with repair zoned C-2.
Healing Grounds Staff Report
MSPM 13-003
Page 2
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject site plan 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
Site Features: The subject property consists of two (2) parcels having a total frontage of
180 feet on Boynton Beach Boulevard and 100 feet of frontage on NW 2"
Street. The subject property is comprised of Lots 1 — 8 of Block 3,
Boynton Heights subdivision (Plat Book 10, Page 64) which total 26,047
square feet (0.60 acre). The subject lots were recently combined onto
one (1) lot through the execution of a Unity of Title that was recorded into
public record. All existing structures on site will be used in the
redevelopment of the site.
Proposal: Bridget Keller, as agent for the applicant, is proposing a one-story
veterinary clinic to be known as Healing Grounds, a proposed natural and
holistic animal care center. The applicant is holistic veterinarian, Nancy
Keller, DV. Her practice, Healing Heart, is currently located at 208 N
3 rd Street and will relocate to the subject property upon completion.
The proposed Healing Grounds will provide holistic care for small
animals, including conventional medicine, acupuncture, chinese herbs,
homeopathy, magnetic therapy, and an outdoor salt-water pool for
physical therapy. No animal boarding is allowed, with the exception of
overnight stays for animals being treated. One room will be dedicated to
proposed human healing and spa service, including massage therapy and
acupuncture. The total enclosed building square footage is 3,332 square
feet consisting of 3,218 square feet allocated to the veterinary clinic, and
114 square feet for the spa component.
ANALYSIS
Concurrency:
Traffic: A traffic statement for the project was sent to the Palm Beach County
Traffic Division for concurrency review in order to ensure an adequate
level of service. The required traffic concurrency was approved on July
23, 2013 with a build-out year of 2015. No permits for construction of this
project may be issued by the City after the end of 2015 unless a revised
traffic concurrency is approved.
School: School concurrency is not required for this type of project.
Utilities: The City's water capacity, as increased through the purchase of up to five
(5) million gallons of potable water per day from Palm Beach County
Utilities, would meet the projected potable water for this project.
Sufficient sanitary sewer and wastewater treatment capacity is also
currently available to serve the project. Storage and disposal of solid
waste will be through screened roll-out carts, rather than a dumpster.
Healing Grounds Staff Report
MSPM 13-003
Page 3
Police/Fire: Staff has reviewed the site plan and determined that current staffing
levels would be sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be
adequate and is recommending that the review of specific drainage
solutions be deferred until time of permit reivew.
Access: The site plan (sheet SP -1.2 indicates one (1) proposed point of vehicular
ingress/egress from NW 2" Street. Street. This access drive consists of a two
(2)-way driveway 24 feet wide, located approximately 75 feet south of the
intersection. The existing curb cuts along Boynton Beach Boulevard will
be closed with FDOT permits. The civil plan (sheet C-2) indicates the
curbing and sidewalk will be replaced in this area and brick pavers will be
added to match the existing sidewalk pavers. To provide a continuous
pedestrian path, a new five (5) foot wide sidewalk is proposed along NW
2nd Street. Also, a minimum three (3) foot wide accessible route from the
sidewalk along Boynton Beach Boulevard to the north building entrance is
proposed.
Parking: The project proposes a total of 3,332 square feet of enclosed building
area. Parking for a veterinary clinic requires one (1) space per 300
square feet of gross floor area. Parking for the spa requires one (1)
space per 200 square feet of gross floor area. Based on the above, a
minimum of 12 parking spaces are required. The site plan indicates a
total of 16 parking spaces are to be provided, including one (1) handicap
space near the building's south entrance. A bike rack is also provided
south of the access drive.
The 90-degree parking stalls, excluding the handicap space, would be
dimensioned nine (9) feet in width and 18 feet in length and include
continuous curbing. All proposed parking stalls, including the size and
location of the handicap space, were reviewed and approved by both the
Engineering Division and Building Division. In addition, all necessary
traffic control signage and permanent markings will be provided to clearly
delineate areas on site and direction of circulation.
Landscaping: The site plan indicates that 39% of the site would be pervious consisting
of landscaped and open space areas. The site and landscape plans
show the planted landscape strip along the north property line adjacent to
Boynton Beach Boulevard is 12 feet in width. Along the west property
line adjacent to NW 2 nd Street the landscape strip is seven (7) feet wide.
Along the east property line adjacent to another commercial use, the
landscape strip is five (5) feet wide. Along the south property line
adjacent to single-family residential uses large existing trees will remain
and be included within a landscape buffer that includes a continuation of
a six (6) foot masonry buffer wall.
The landscaping provides a complimentary mix of large existing trees to
remain such as Oak, Black Olive, Strangler Fig, Seagrape, and
Washington Palms, along with proposed trees such as Magnolia, Gumbo
Limbo, Orange Geiger, and Cassia. The plant list (sheet L-1) indicates
over 50% of the proposed trees will be native species, and all plants will
Healing Grounds Staff Report
MSPM 13-003
Page 4
be classified as having low to moderate watering needs by the S
Waterwise publication. To conserve water and minimize maintenance
and use of fertilizers, staff recommends that the landscape plan be
revised to eliminate all small sod areas (with the exception of areas
designated for dog walks or fenced play areas) and replace with
groundcovers (see Exhibit "C" — Conditions of Approval). Irrigation will
use non-potable water only.
Building and Site: Currently, the site supports two (2) existing one-story structures that were
originally constructed as single-family residences, and later used as
offices. The applicant is proposing to redevelop the site into a veterinary
clinic by using the exterior walls of the existing structures for improved
building facades and connecting the buildings with a central breezeway.
Air-conditioned space proposed is 3,332 square feet, with an additional
747 square feet of covered front porch and central breezeway area.
The new floor plan (sheet A-1.2) indicates the eastern building would be
devoted primarily to offices and exam rooms for the veterinary clinic. The
western building would be for accessory uses and support services for
the veterinary clinic. One (1) room at the front of the west building will be
devoted to massage and acupuncture healing for humans. The
remainder of the site would consist of surface parking, fenced and
landscaped areas, a private rehabilitation pool for patient (animal) use
only, including a paver deck, fountain and benches.
Building Height: The proposed building elevations (sheets A-2.3 — A-2.4) indicate the top
of the roof and also the highest elevation of the structure would be 16
feet — five (5)-inches. The proposed building height is below the
maximum height of 25 feet allowed in the C-2 zoning district.
Building Design: The proposed building exterior has a combination of Tuscan and Balinese
design elements that include stucco walls; wood grain window frames,
porch columns and window sills covered with river rock; and concrete roof
tiles. The breezeway is the focal point of the building, and serves as the
unifying feature that brings both buildings together as one design. The
breezeway provides the main accessible entrances into the buildings.
Decorative entry door/gates with aluminum rail fencing on each side
enclose the north and south sides of the breezeway.
According to the elevations and materials board, the main base color of
the exterior building wall would be "Gentle Butterfly" (Benjamin Moore
#2173-70) described as a pale pink neutral, setting a cool and uplifting
tone. The building trim would be "Coral Dust" (Benjamin Moore #2173-
50) which is a pink with a slightly deeper hue. Exterior aluminum
windows, doors, and decorative fencing would be "Dark Walnut". The
concrete tile roof would be a blended brown color "Heartwood".
Site Lighting: The photometric plan (sheet E-1) proposes a total of seven (7)
freestanding single light fixtures throughout the site. Six (6) of the
freestanding pole fixtures would be a concrete material at a planned
height of ten (16) feet, and the remaining light fixture at 12 feet in height.
Additionally, site lighting will be recessed and shielded on all sides to
direct light down and away from adjacent properties and rights-of-way to
Healing Grounds Staff Report
IVISPIVI 13-003
Page 5
prevent glare and light spillage onto adjacent properties.
Site Signage: The site plan indicates a monument sign for the use would be located
near the northwest corner of the building and is set back 1.0 feet as
required. The design of the monument sign as a rock fountain five (5)
feet in height with 2.5 square feet of sign face is indicated on the site plan
details (sheet SP-1.4). Colorful landscape trees and shrubs will be
planted around the proposed sign. A small wall sign is also proposed
above the main door at the northern entrance to the building.
Public Art: An open space for public art exhibition is reserved on site to be visible
from Boynton Beach Boulevard. The artwork proposed is a decorative
metal gate near the north building entrance. This artwork would
complement the architecture of the proposed building and enhance the
ambiance of the proposed development. Ultimate review and approval of
the artist and sculpture is still pending by the Arts Commission.
RECOMMENDATION
Staff has reviewed this request for Major Site Plan Modification and recommends approval of
the plans presented, subject to satisfying all comments indicated in Exhibit "C" — Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Healing Grounds\MSPM 13-003\Staff Report.doc
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EXHIBIT " C " - CONDITIONS OF APPROVAL
Project Name: Healing Grounds
File number: MSPM 13 -003
Reference: 2nd review plans identified as a Major Site Plan Modification with a August 13,
2013 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE �REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None (All previous comments addressed).
FIRE
Comments: None (All previous comments addressed).
POLICE
Comments
1. Prior to issuance of the first building permit for this project, the
applicant shall prepare a construction site security and management
plan for approval by the City's Police Department CPTED Official.
Security measures at a construction site are determined after a
security survey is conducted using the following procedures: a
staging area to store equipment and park machinery must be fenced.
The staging area must be visible from an accessible roadway to allow
effective police patrol. Lighting must be provided to allow complete
visibility to the area. Approved padlock for all storage trailers and
equipment trailers and park within staging area.
BUILDING DIVISION
Comments:
2. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure
that additional comments may not be generated by the commission
and at permit review.
3. At time of permit review, submit signed and sealed working drawings
of the proposed construction.
4. A water -use permit from SFWMD is required for an irrigation system
that utilizes water from a well or body of water as its source. A copy of
the permit shall be submitted at the time of permit application, F.S.
373.216.
Healing Grounds MSPM 13-003
1st Review Comments
Page 2 of 3
...........
DEPARTMENTS TINCLUDE
5. The full address of the project shall be submitted with the
construction documents at the time of permit application submittal.
The addressing plan shall be approved by the United States Post
Office, the City of Boynton Beach Fire Department, the City's GIS
Division, and the Palm Beach County Emergency 911.
a. Palm Beach County Planning, Zoning & Building Division, 2300
N. Jog Road, West Palm Beach, Florida 33411-2741(Sean
McDonald — 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard —
561-734-0872)
6. Revise Cover Sheet A-0.1 to correct the FEMA map and panel
number for this property. The correct reference number is 120196
0003 C.
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
7. At time of permitting, revise plans to provide a continuous pedestrian
walkway from the parking spaces on the west side of the building for
customers to safely access either the front or rear entrance to the
building without walking in the parking lot.
8. At time of permitting, revise monument sign detail note to delete
reference that sign will also be displayed as art in public places.
The proposed rock fountain does not qualify for the public art
requirement as it is a sign. Revise site and landscape plan to
indicate a revised location on site for the public art and provide a
detail on plans.
9. At time of permitting, revise landscape plan to replace sod areas that
are not designated as dog walk areas with additional shrubs and/or
groundcover species as accents, and to eliminate the need for more
intensive irrigation zones and mowing.
COMMUNITY REDEVELOPMENT AGENCY
Comments: No comments.
Healing Grounds MSPM 13-003
1st Review Comments
age 3 of 3
DEPARTMENTS INCLUDE REJECT_
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
To be determined.
S:%PlanningkSHAREDkWP\PROJECTS\Healing Grounds\MSPM 13-003\EXHIBIT C - Conditions of Approval.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Healing Heart Grounds (MP M 13-003)
APPLICANT/AGENT: Nancy Keller, DVM / Bridget Keller
APPLICANT'S ADDRESS: 180 Neptune Drive, Hypoluxo, FL 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Major Site Plan Modification to allow redevelopment for a 3,332 square foot
veterinary clinic on 0.60 acre in a C-2 zoning district.
LOCATION OF PROPERTY: 220 and 226 West Boynton Beach Boulevard
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
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 "C"
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\Healing Grounds0evelopment Order.doc
NEW BUSINESS
7.B.1
Holiday Inn &Suites
(NWSP 13 -003)
New Site Plan
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-033
STAFF REPORT
TO: Chair and Members f the Planning and Development Board
THRU: Michael Rump
Planning and Zonrng Director
FROM: Kathleen Zeltier
Planner II
DATE: September 16, 2013
PROJECT NAME/NO: Holiday Inn & Suites / NWSP 13-003
REQUEST: New Site Plan
PROJECT DESCRIPTIQN
Property Owner: Boynton Holdings, LLC
Applicant: Hardial Sibia of Boynton Holdings, LLC
Agent: Fred Griffin, of Fred Griffin Builder, LLC
Location: 2001 West Ocean Drive (north side of West Ocean Drive
approximately 500 feet east of South Congress Avenue)
(see Exhibit "A" — Site Location Map)
Existing Future Land Use: Local Retail Commercial (LC)
Existing Zoning District: Community Commercial (C-3)
Proposed Future Land Use: No change proposed
Proposed Zoning District: No change proposed
Proposed Use: Hotel (93 guest rooms, 57,685 square feet)
Acreage: 2.73 acres (118,736 sf)
Adjacent Uses:
North: Developed commercial property (AMF Boynton each Lanes Bowling Center)
zoned C-3 (Community Commercial);
South: Right-of-way for West Ocean Drive (80 feet wide); and farther south,
Leisuresureville Lake Condominiums zoned R-3 (Multi-family Residential) and Palm
each Leisureville Golfcouse zoned REC (Recreation);
Holiday Inn & Suites
NWSP 13-003
Page 2
East: Leisuresureville Lake Condominiums zoned R-3 (Multi-Family Residential); and
West: The Forum Shoppes (office building) and Forum Professional Center (medical
building) both zoned C-3 (Community Commercial).
BACKGROUND
Proposal: The applicant is proposing a 4-story Holiday Inn Express & Suites Hotel, to be
located on the north side of West Ocean Drive, approximately one-tenth of a mile
east of South Congress Avenue. Hotels and Motels, including extended-stay,
apartment, and time-share apartment hotels, are a permitted use-by-right when in
the C-3 zoning district. The proposed 4-story hotel would contain 93 guest rooms
and a total of 57,685 square feet and includes a swimming pool, fitness room, and
meeting rooms, but no restaurant or bar.
Site: The subject property is an undeveloped parcel that has been zoned C-3 for many
years. Lots within the C-3 zoning district are required to have a minimum lot
frontage of 75 feet and a minimum lot area of 15,000 square feet. According to
the survey, the subject property has 200 feet of frontage on West Ocean Drive and
a lot area of 118,736 square feet, or 2.7 acres, therefore the subject property is a
conforming lot. This undeveloped parcel, 10 to 14 feet in elevation, is primarily
cleared of vegetation with the exception of some oaks and pines to be preserved,
and has some exotic, invasive species that Will be removed.
ANALYSIS
Concurrency:
Traffic: A traffic study for this project was originally submitted December 4, 2012 and sent
to the Palm Beach County Traffic Division for their review and approval of Traffic
Performance Standards (TIPS). On January 15, 2013 the PBC Traffic Division
approved this project for traffic concurrency based on the applicant's proposal at
the time: a 5-story 102 room hotel with a restaurant and bar. Traffic generation of
819 new daily trips (61 AM and 64 PM new peak hour trips) was projected based
on the 2012 traffic study. The traffic concurrency approval is valid until the build-
out year ending in 2017. No building permits for the project can be issued after the
build-out year without an updated concurrency approval.
The project has since been revised by the applicant to a 4-story 93 room hotel with
no restaurant and bar. A revised traffic statement to address the new proposal was
submitted to the City and PBC Traffic Division on August 13, 2013. Based on the
revised traffic statement, traffic generation was reduced from 819 new daily trips to
747 trips, and from 61 AM and 64 PM new peak hour trips to 56 AM and 58 PM
new peak hour trips. The revised traffic statement concludes the following: (1) the
project will generate less than one percent (1 %) of the adjacent roadway peak-hour
LOS (Level of Service) in all links included within the RDI (Radius of Development
Influence); (2) the proposed development has an insignificant impact on the
existing transportation network; and (3) the proposed development complies with
the PBC Traffic Performance Standards.
Holiday Inn & Suites
NWSP 13-003
Page 3
The Palm Beach County Traffic Division is in the process of reviewing the revised
traffic statement, and the updated traffic concurrency approval for the project has
not been received to date. Staff recommends that an updated traffic concurrency
approval from Palm Beach County Traffic Engineering be required prior to the
issuance of a building permit for the project (see Exhibit "C" — Conditions of
Approval).
School: School concurrency is not required for this type of project.
Utilities: The Utilities Department advises there is sufficient reserve capacity to provide
water and sewer service to the proposed project. The City's water capacity, as
increased through the purchase of up to 5 million gallons of potable water per day
from Palm Beach County Utilities, would meet the projected potable water for this
project. Sufficient sanitary sewer and wastewater treatment capacity is also
currently available to serve the project. Storage and disposal of solid waste will be
through an enclosed dumpster.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. The drainage design shall conform to the requirements of the City
of Boynton Beach, South Florida Water Management District, and the Lake Worth
Drainage District (LWDD).
Police/Fire: Staff has reviewed the site plan and determined that current staffing levels would
be sufficient to meet the expected demand for services.
Access: The project proposes to two (2) driveway openings located on West Ocean Drive,
similar to the two (2) driveway openings providing access to the adjacent
commercial parcel (Forum Profession Center). The two (2) proposed driveway
openings would occur along the subject parcel's south property line and allow for
both vehicular ingress and egress. These proposed access points adequately
address the needs of typical vehicular circulation, as well as that of emergency
vehicles and sanitation equipment.
The hotel project would also share and utilize a proposed inter-parcel access drive
with Forum Professional Center to the west through an existing cross-access
easement. The Forum Professional Center shares and utilizes three (3) other
driveway openings along Congress Avenue through existing cross-access
easements and cross-parking agreements in place for the Shopping Center. All
access drives proposed are 25 feet wide and allow for two-way vehicular
circulation.
A planned "potential future access" drive is depicted on the plans, facilitating future
connection with the property to the north (AMF Bowling) and West Boynton Beach
Boulevard. At this time, the current property owner of the bowling center does not
agree to allow the cross-access.
Holiday Inn & Suites
NWSP 13 -003
Page 4
To improve traffic flow, the City Engineer recommends the developer of the hotel
project make improvements to the existing road section with a right turn lane and
left turn lane along West Ocean Drive from the western project limits to the eastern
project limits, along with required transitions tapering back to a two lane road
section (see Exhibit `°C — Conditions of Approval).
Parking: A hotel use requires one and one - quarter (1.25) parking spaces per hotel guest
room. Therefore, the 93 hotel units proposed require a minimum of 117 parking
spaces and the site plan (sheet A2) complies with required parking. Four (4) future
parking spaces are depicted on the plan to satisfy parking requirements if spaces
are lost to construction of the potential future access drive to the north. A covered
bike rack is also provided near the front entrance to the hotel.
The 90- degree parking stalls, excluding the handicap spaces, would be
dimensioned nine and one -half (9.5) feet in width and eighteen and one -half (18.5)
feet in length and include continuous curbing. All proposed parking stalls, including
the size and location of the handicap space, were reviewed and approved by both
the Engineering Division and Building Division. All two -way drive aisles would be
25 feet wide to comply with the Engineering Standards and provide a safe back up
distance. In addition, all necessary traffic control signage and permanent markings
will be provided to clearly delineate areas on site and direction of circulation.
Landscaping: Approximately one -third of the site will be pervious area consisting of landscaping
and drainage areas. The existing tree schedule (Sheet 2) indicates that eight (8)
existing trees (Live Oaks and Slash Pines totaling 152 diameter inches) along the
north and east property lines will be preserved on site. Proposed landscaping
meets or exceeds the required minimum buffer widths and quantity of plants. Tree
selection complies with the FPL Right Tree, Right Place guidelines due to existing
overhead power lines that will remain along the south, east, and west property lines.
Proposed landscape material is primarily colorful, drought - tolerant, and native
species, having low to medium watering needs in compliance with the landscape
regulations.
The south (front) landscape buffer along West Ocean Drive would be 16 feet wide
and include a raised 3 -foot berm with Weeping Bottlebrush and Dahoon Holly trees
and a mix of shrubs including Allamanda, Viburnum, Nora, and Quailberry. The
west (side) landscape buffer adjacent to commercial would be approximately five
(5) feet wide and proposes Silver Buttonwood trees, Viburnum shrubs, and Juniper
groundcover, in addition to the existing adjacent buffer containing 24 Cassia trees
and a Cocoplum hedge. The north (rear) landscape buffer would be 12 feet wide
and contain existing mature and proposed Slash Pines, with a Silver Buttonwood
hedge along the fenced property line. A proposed dry retention area between the
buffer and the rear parking lot would be sodded and surrounded by proposed Live
Oak trees, with Saw Palmetto and Dwarf Fakahatchee Grass shrubs. Finally, the
east (side) landscape buffer adjacent to multi - family residential would be a Type 2
buffer 15 feet wide and would contain a six (6) foot masonry buffer wall with Wax
Myrtle hedges on both sides of the wall, two (2) existing mature Live Oak trees, 23
proposed Orange Geiger trees planted every 20 to 30 feet, in addition to 8
Oleander trees and colorful Butterfly Weed groundcover.
Holiday Inn & Suites
NWSP 13-003
Page 5
The proposed foundation landscaping around the building would meet or exceed
requirements. The east side of the hotel, which is most visible from the adjacent
multi-family residential development, includes a variety of clustered palms. More
than one-half of these proposed palms will be from 18 feet to 31 feet in height, at
time of planting, to further enhance the east building elevation.
Building and Site: The proposed 57,685 square foot hotel and site design would generally meet code
requirements when staff comments are incorporated into the permit drawings. The
maximum building height allowed in the C-3 zoning district is 45 feet / 4 stories. In
2007, a 19-foot building height variance (ZNCV 08-001) was approved by the City
Commission for the hotel property, allowing 65 feet / 5 stories. The applicant
initially submitted plans for a five-story, 102 room hotel with a restaurant and bar,
and has since revised the plans to propose a four-story, 93 room hotel without a
restaurant and bar. The applicant has worked diligently with staff to mitigate any
impacts this development would have on the adjacent multi-family residential uses
to the east. According to Sheet A8 & A9, the proposed building is designed as a
four (4)-story structure, with the height of the tallest roof section at 45 feet. In an
effort to provide roofline breaks and add visual interest to the building elevations,
there are recessed walls and parapet walls of varying height.
The front building setback required for the C-3 zoning district is a minimum of 20
feet and the site plan indicates a front setback of 83 feet is proposed. The required
side interior (west) setback is a minimum of zero feet and the site plan indicates a
side setback of 63.5 feet is proposed. The required side interior (east) setback
adjacent to residential is a minimum of 30 feet, and the site plan indicates a side
setback that varies between 54 feet and 83 feet. The building would be nearly 260
feet from the rear (north) property line, where a minimum of 20 feet would be
required.
Maximum lot coverage of forty percent (40%) is allowed in the C-3 zoning district.
The site plan indicates the building covers 13.3% of the property. The maximum
floor area ratio (FAR) allowed in the C-3 zoning district is 0.50, and the site plan
proposes a FAR of 0.48 (a total of 57,285 square feet of building area divided by lot
square footage of 118,736).
The site plan shows that the dumpster enclosure is proposed at the northwestern
portion of the lot. It is landscaped on three (3) sides as required by code. The
Engineering Division of Public Works has approved its location and angle with
respect to the facilitation of trash removal.
Design: The proposed building is contemporary in design and characteristic of a family and
business hotel facility. The hotel as proposed is compatible with the surrounding
built environment and would generally enhance the overall appearance of the area.
The proposed structure includes 93 guest rooms, a swimming pool, fitness room,
and meeting rooms. For safety, each floor of the proposed hotel is required to
have elevators and stairs, smoke alarm protection, and automatic fire sprinklers.
Guest rooms are accessible from a main interior corridor. A variety of guest unit
types is proposed, and some rooms - include special mobility and communication
features. The main entrance to the building is emphasized with a canopy over the
drop off area.
Holiday Inn & Suites
NWSP 13-003
Page 6
The exterior finish of the building is a combination of natural veneer stone finish
and scored stucco. The principal building colors are soft pastels. The body of the
wall area, which contains the greatest portion of mass, would be painted peach
(Sherwin Williams — "Flattering Peach" #6638). Other wall accent colors proposed
is cream color (Sherwin Williams — "Creamery"#6358). The accent moldings and
trim would be white (Sherwin Williams — "Marshmallow" #7001). Decorative
window treatments and air conditioning grilles are also proposed. The covered
bike rack and dumpster enclosure would be painted to match the building.
Lighting: The parking lot fighting is shown on the photometric plan (sheet PH). According to
the photometric plan, the proposed lighting levels near the perimeters would be
minimal. It should have no adverse effect on the neighboring properties, while
meeting the desire of the Police Department to appropriately illuminate the off-
street parking lot for adequate safety precautions. No decorative lighting is
proposed, however, staff recommends as a condition of approval that any
decorative lighting be limited to building elevations other than the east, where
residential uses abut. Lighting under the porte-cochere is required to be recessed
and not exceed ten (110) footcandles (see Exhibit "C" — Conditions of Approval).
Signage: The building elevation sheets (A8 & Ag) indicate the proposed location and areas
for three (3) wall signs, on the front (south) elevation; on the side (west) elevation;
and on the rear (north) elevation. No signage is proposed or permitted on the side
(east) building elevation adjacent to residential uses in Leisureville (see Exhibit "C"
— Conditions of Approval). Specific wall sign details are not provided on the plans,
otherthan their locations on the building, and stating Holiday Inn Express & Suites,
with a green "H" logo. Based on the length of the front building wall, the sign code
would allow a total of approximately 125 square feet of wall signage on the
proposed hotel building. The three (3) wall signs, as proposed, depict the
approximate sign sizes allowed that, when added together, would not exceed the
total sign face square footage allowed by the Land Development Regulations.
The site plan (Sheet A2) shows that a freestanding monument sign is proposed at
the west driveway of the property. It would be setback a minimum of 10 feet from
the property lines as required. The maximum allowable sign height and area are a
factor of zoning district, property size, and number of travel lanes on the abutting
roadway. The detail of the proposed monument sign (Sheet Ag) shows that the
structure would be the maximum of five (5) feet in height and 32 square feet in size.
The proposed monument sign would look similar to the wall signs and include
green lettering on a white background with the "H" logo, and will also include six (6)
inch address numbers centered at the top as required.
Public Art: A wall mural is proposed on the upper floors of the west building elevation nearthe
front of the hotel, in conjunction with the Art in Public Places requirements. The
location to exhibit public art by others would be visible from both West Ocean Drive
and Congress Avenue. The artwork would complement the architecture and
enhance the ambiance of the proposed development. Ultimate review and
approval of the artist and artwork is still pending by the Arts Commission.
Holiday Inn & Suites
NWSP 13-003
Page 7
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for new site plan approval.
Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C"
— Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall
be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Holiday Inn & Suites\ NWSP 13-0031Staff Report.doc
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EXHIBIT " _ CONDITIONS OF APPROVAL
Project Name: Holiday Inn & Suites
File number: NWSP 13 -003
Reference: 4th review plans identified as a New Site Plan with an August 22,
2013 Planning and Zoning Department date stamp marking.
DEPARTMENTS I INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. At time of permitting, revise all plans in plan set to match civil plans
that indicate the existing road section (right turn lane and left turn
lane) is extended along West Ocean Drive from the western project
limits to the eastern project limits along with required transitions back
to two lane road section (only the civil drawings indicate it correctly).
2. At time of permitting, revise landscape plant list to include a variety
of colors of Oleander Standard proposed along east property.
3. At time of permitting, revise landscape plant list from Dwarf
Schefflera to a variegated Arbicola (Trinette) to provide more color
and visual interest.
FIRE
Comments: None (all previous comments addressed).
POLICE
Comments:
4. Prior to issuance of the first building permit for this project, the
applicant shall prepare a construction site security and management
plan for approval by the City's Police Department CPTED Official.
5. Security measures at a construction site are determined after a
security survey is conducted using the following procedures: a
staging area to store equipment and park machinery must be
fenced. The staging area must be visible from an accessible
roadway to allow effective police patrol. Lighting must be provided to
allow complete visibility to the area. Approved padlock for all
storage trailers and equipment trailers and park within staging area.
6. Pedestrian scale lighting shall be used for all street and pedestrian
walkways. It is suggested that interactive or lighting on demand be
used in sensitive areas.
7. Timer clock or photocell lighting for nighttime use shall be above or
near entryways.
Holiday Inn & Suites NVVGP13-DO3
Conditions mfApproval
Page 2 of
DEPARTMENTS IINCLUDE
BUILDING DIVISION
8. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure
that additional comments may not be generated by the commission
and at permit review.
9. Buildings, structures and parts thereof shall be designed to
withstand the minimum wind loads of 170 mph. Wind forces on every
building or structure shall be determined by the provisions of ASCE 7
and the provisions of 2010 FBC, Section 1609 (Wind Loads).
10. Buildings three-stories or higher shall be equipped with an automatic
sprinkler system per F.S. 553.895. Fire protection plans and
hydraulic calculations shall be included with the building plans at the
time of permit application and shall comply with Chapter 9 of the
11. At time of permit review, submit signed and sealed working drawings
of the proposed construction.
12. CBBCPP 3.C.3.4 requires the conservation of potable water. City
water may not, therefore, be used for landscape irrigation where
other sources are readily available.
13. A water-use permit from SFWMD is required for an irrigation system
that utilizes water from a well or body of water as its source. A copy
of the permit shall be submitted at the time of permit application, F.S.
14. At time of permit review, submit separate surveys of each lot, parcel,
or tract.
15. Pursuant to approval by the City Commission and all other outside
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The
plans must incorporate all the conditions of approval as listed in the
development order and approved by the City Commission.
Holiday Inn & Suites NWSP 13-003
Conditions of Approval
Page 3 of 5
DEPARTMENTS INCLUDE REJECT
16. The full address of the project shall be submitted with the
construction documents at the time of permit application submittal.
The addressing plan shall be approved by the United States Post
Office, the City of Boynton Beach Fire Department, the City's GIS
Division, and the Palm Beach County Emergency 911.
a. Palm Beach County Planning, Zoning & Building Division, 2300 N.
Jog Road, West Palm Beach, Florida 33411-2741(Sean
McDonald — 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard — 561-
734 -0872)
17. This structure meets the definition of a threshold building per F.S.
553.71(7) and shall comply with the requirements of F.S. 553.79 and
the CBBA to the 2010 FBC, Sections 110.3.7.1 through 110.3.7.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the
construction of a threshold building.
b. All shoring and re-shoring procedures, plans and details shall be
submitted.
c. All plans for the building that are required to be signed and sealed
by the architect or engineers of record shall contain a statement
that, to the best of the architect's or engineer's knowledge, the
plans and specifications comply with the applicable fire safety
standards as determined by the local authority in accordance with
this section and F.S. Section 633.
18. A manual fire alarm system is required in the building per the 2010
Florida Building Code Section 907.2.8.1. The alarm system shall
comply with Section 215.4 and Section 702 of the Florida
Accessibility Code. Also, refer to Section 806.3.1 of the Florida
Accessibility Code.
19. An automatic smoke detection system is required in the building per
the 2010 FBC Section 907.2.8.2.
20. Guest rooms required to provide mobility features complying with
Section 806.2 of the 2010 Florida Accessibility Code and guest
rooms required to provide communication features complying with
Section 806.3 of the Accessibility code shall be dispersed per
Section 224.5 of the Florida Accessibility Code.
21. Accessible rooms shall comply with the 2010 Florida Accessibility
Code Section 806.4 for providing special accessibility features.
22. Sleeping areas in the accessible rooms shall comply with the Florida
Accessibility Code Section 806.2.3.
Holiday Inn & Suites NWSP 13-003
Conditions of Approval
age 4 of 5
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
23. At time of permitting, revise building elevations to propose dark
window tinting on all windows to ensure privacy for guests and
adjacent residential, and to increase energy efficiency.
24. At time of permitting, revise building elevations to indicate locations
of all decorative lighting (no color lighting allowed).
25. At time of permitting, revise photometrics plan to include spot
readings for all exterior areas on site (from building to all property
lines) and ensure that no spot reading exceeds 5.9 footcandles.
26. At time of permitting, revise photometrics plan to label lighting
fixtures in the ceiling of the porte cochere as recessed. Reduce
lighting for this location to a maximum of 10.0 footcandles.
27. At time of permitting, revise landscape strip along south property line
berm to stagger plant material and plant in clusters for a more
natural, rather than formal look.
28. At time of permitting, revise landscape plan to delete use of sod in
small areas and replace with Waterwise approved groundcover or
shrubs as required by the landscape code.
29. At time of permitting, submit an irrigation plan that follows the Florida
Friendly - Waterwise principles.
30. At time of permitting, revise site plan and landscape plan to depict
location of required public art (west wall mural) and label as such on
plans.
31. At time of permitting, submit an updated traffic concurrency approval
from Palm Beach County Traffic Engineering for the reduction (102
to 93) in proposed hotel guest rooms.
32. No wall signage or decorative lighting shall be permitted on the east
building elevation adjacent to residential uses.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Holiday Inn & Suites NWSP 13-003
Conditions of Approval
age 5 of 5
DEPARTMENTS INCLUDE REJECT
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHAREDXWP\PROJECTS\Holiday Inn & Sultes\NWSP 13-003\Conditions of Approval.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Holiday Inn & Suites (NWSP 13-003)
APPLICANT/AGENT: Hardial Sibia of Boynton Holdings, LLC / Fred Griffin of Fred Griffin Builder,
LLC
AGENT'S ADDRESS: 3700 Max Place 206, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: New Site Plan to allow construction of a 4-story hotel with 93 guest rooms
(57,685 square feet) on 2.73 acres in a C-3 zoning district.
LOCATION OF PROPERTY: 2001 west Ocean Drive
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
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 "C"
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:\Pianning\SHARED\WP\PROJECTS\Holiday Inn & Suites\NWSP 13-003\13evelopment Order.doe
NEW BUSINESS
7.C.1
Tuscan Villas
(SPTE 13 -003)
Site Plan Time Extension
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-031
TO: Chair and Members
Planning & Devplci nt Board
J.'' 0
THRU: Michael Rumpf U I
Director of Planning and Zoning
FROM: Ed Breese 4t7)
Principal Planner
DATE: September 17, 2013
PROJECT: Tuscan Villas / SPTE 13-003
REQUEST: Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: James Paisley, Tuscan Villas at Boynton Beach, LLC
Applicant / Agent: Brian Cheguis, Cotleur & Hearing
Location: East side of Federal Highway, approximately 1,100 feet north of
Gulfstream Boulevard (see Location Map — Exhibit "A")
Existing Land Use/ Zoning: Special High Density Residential (SHDR — maximum 20 du/ac)/ Infill
Planned Unit Development (IPUD)
Proposed Land Use/Zoning: No change proposed
Proposed Uses: 22 townhouse-style condominium units (16.4 dwelling units/acre)
Acreage: ±1.341 acres (58,414 square feet)
Adjacent Uses:
North: Existing commercial business (Ticket Clinic) designated Local Retail
Commercial (LC) land use and zoned C -3 (Community
Commercial);
South: Developed multi-family residential designated with Palm Beach
County Commercial High, with an underlying Medium Residential 5
units per acre (CH/5) land use and zoned Palm Beach County
Commercial General (CG);
East: Developed single-family residential subdivision (Tradewinds Estates)
classified in Palm Beach County as Medium Density Residential (MR-
5), and zoned Single-Family Residential (RS) in Palm Beach County;
and,
Page 2
Memorandum No. PZ 13 -031
SPTE 13 -003
West: Right -of -way for Federal Highway, then farther west is a rental
apartment project (Phase I I of Seabourn Cove) classified as Special
High Density Residential (SHDR) and zoned Planned Unit
Development (PUD).
BACKGROUND
The subject property consists of 1.34 acres zoned Infill Planned Unit Development (IPUD), located
on the east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard, within
Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. According to
the staff report for the approved site plan (NWSP 06 -002), the proposed Tuscan Villas is a
redevelopment project approved for 22 townhouse -style condominium units, recreational amenities,
and related site improvements.
The project has been approved for the following: an annexation (ANEX 06 -002); a land use
amendment (LUAR 06 -002) from Palm Beach County Commercial High, with an underlying Medium
Residential, five (5) units per acre (CH /5) to Special High Density Residential (SHDR — 20 du /ac)
classification; a corresponding rezoning (LUAR 06 -002) from Palm Beach County Commercial
General (CG) to Infill Planned Unit Development (IPUD) zoning district; a new site plan (NWSP 06-
002), and a series of site plan extensions (SPTE 07 -011), (SPTE 08 -011), (SPTE SB 360) and
(SPTE HB 7207). The last two (2) time extensions were in accordance with state legislation
automatically granted to projects during the downturn in the economy in an effort to keep viable
projects valid until such time as the market regained momentum and the projects could be built.
The 22 units are proposed in one (1) phase on the 1.34 -acre site (see Exhibit "B "), designed within
five (5) separate buildings with three (3) units to six (6) units per building. The project proposes four
(4) model types, ranging from 1,947 square feet to 2,513 square feet of air - conditioned space. The
proposed dwellings are two (2) and three (3) stories. The easternmost portion of each townhouse
building (adjacent to the single - family homes) are proposed at two (2)- stories rather than three (3)-
stories. A buffer wall is proposed along the east property line in conjunction with a multitude of
trees and shrubs that would provide the necessary buffering between the townhouses and the
adjacent single - family neighborhood. The recreation area would be located at the center of the site,
centrally located to all residents and include a swimming pool, cabana building, and decorative
fountain.
The proposed buildings and clubhouse resemble a modern Spanish- Mediterranean design with
textured stucco finish, tile inserts, simulated stone band and sills, cast stone baluster and panels,
rounded - windows, wood -panel front doors, clear glass with bronze finish aluminum frames, and S-
tile roof. The exterior walls of the buildings would consist of the following neutral colors: peach,
cream, and yellow with white trim.
ANALYSIS
The site plan approval is valid for 18 months, in which time the developer is required to secure a
building permit for the project. According to Chapter 2, Article 11, Section 2.F.6 of the Land
Development Regulations (LDR), an applicant may request to extend the approval of a site plan for
an additional time period, not to exceed 18 months, provided that such request for extension is filed
prior to the date of the expiration. In this case, the applicant has met that requirement. The
Page 3
Memorandum No. PZ 13 -031
SPTE 13 -003
Planning & Zoning Division received the extension request on August 8, 2013, more than two (2)
months prior to the expiration of the site plan. Per Chapter 2, Article 11, Section 2. F.6.a of the LDR,
there is no limit to the number of extensions that may be requested.
According to the justification submitted for the requested time extension, since receiving City
approval the applicant has secured the necessary drainage permit from the Florida Department of
Transportation for the connection to Federal Highway, worked with the City Utilities and Engineering
Departments on utility plan and plat submittals and responded to plan review comments received
from the City (see Exhibit "C" —Applicant's Justification Statement).
The applicant further provides justifications for the delays in construction. According to the
Justification Statement, "The downturn of the housing market affected the applicant's ability to
receive financing for this project before the end of the initial time extension request ". The applicant
indicates that he did however continue to work towards resolution of staff comments on utility and
plat submittals and continued to finalize construction documents. Additionally, the applicant installed
Royal Palm trees along the Federal Highway frontage of the property and installed a water meter to
irrigate the trees as a condition of approval of the time extension. For the next couple of years, the
applicant continued to pursue the necessary construction loan to build the project, during a period
when financial lending institutions were slow to approve loans.
In support of this most recent request for a time extension, the applicant indicates he has
successfully refinanced the project loan and has provided a Task Timeline outlining the steps to be
taken to acquire the necessary building permits and time needed to accomplish that goal (see
Exhibit "D" — Applicant's Task Timeline).
In addition to accomplishments to date, time extension reviews also consider compliance with
concurrency requirements. The Palm Beach County Traffic Division approved the original traffic
study for the project with the requirement that no permits be issued after the build -out date of 2010.
As such, an updated traffic concurrency approval letter from Palm Beach County will be required,
which should not be an issue, as the site is located within the Coastal Residential Exception Area of
Palm Beach County. As for utilities, records indicate the utility reservation fee is due. Without
payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available
when the developer is ready to move forward. Based upon the applicant's Task Timeline, the
necessary reservation fee would be paid within 30 days of approval of the extension.
The site plan time extension is still subject to the conditions of all previous approvals. Lastly, no
new land development regulations are now in place against which the project should be reviewed
and modified. As for application of the Art in Public Places ordinance (05 -060), this project is not
exempt, as the site plan request was filed after adoption of Ordinance 05 -060 on October 5, 2005.
Therefore, the project must still comply with Ordinance 05 -060 as stated in the original conditions of
site plan approval.
Lastly, the applicant has remained in contact with City staff during these extension periods and prior
to submittal of this request, he met with CRA staff to see if they would recommend another use for
the site based upon any trends they recognize in the marketplace, as well as the CRA's own plans
for the Federal Highway corridor. Additionally, he also met with City Planning staff to discuss other
potential options. The final consensus was that the office market was not yet strong enough and
that the site likely could not sustain a national retail operator, which would make the financial
feasibility of a continuous rent revenue stream unlikely. All parties agreed the best use of the site,
as well as the most compatible with surrounding properties, was the residential project already
approved for the property, and that the applicant should secure his funding and apply for a time
extension, provide the necessary justifications and a timeline for constructing the project.
Page 4
Memorandum No. PZ 13 -031
SPTE 13 -003
RECOMMENDATION
Based upon the applicant's good faith efforts, staff recommends APPROVAL of the request for an
18 -month extension of the approved site plan (NWSP 06 -002) for the Tuscan Villas project, subject to
the conditions contained in Exhibit "E" — Conditions of Approval. If the request for an extension is
approved, the expiration date would be extended to April 18, 2015, and all conditions from the
original approval must still be satisfactorily addressed during the building permit process.
S: \Planning \SHARED \WP \PROJECTS \Tuscan Villas \SPTE 13- 003 \Staff Report.doc
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Cotleur&
Hearing
Landscape Architects I Land Planners I Environmental Consultants
www.cotieurhearing.co
1934 Commerce Lane • Suite 1 Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • Lic.LC- C000239
TUSCAN VILLAS AT BOYNTON BEACH, LLC - NWSP 06 -002
Annexation (AMEX 06 -002)
Land Use Amendment (LUAR 06 -002)
Rezoning (LUAR 06 -002)
Site Plan (NWSP 06 -002)
Site Plan Time Extension Submittal
August 1, 2013
JUSTIFICATION STATEMENT
INTRODUCTION:
Tuscan Villas at Boynton Beach, LLC is an approved project for 22 townhouse -style units,
recreational amenities, and related site improvements located on the east side of Federal
Highway, north of Gulfstream Blvd., in the City of Boynton Beach. On April 18, 2006, The City of
Boynton Beach approved an Annexation (AMEX 06 -002), a Land Use Amendment (LUAR 06-
002) from Commercial High, with an underling Medium Residential, 5 units per acre (CH /5) to
Special High Density Residential (SHDR -20 du /ac) classification; a rezoning (LUAR 06 -002)
from Commercial General (CG) to Infill Planned Unit Development (IPUD) zoning district, and a
new Site Plan (NWSP 06 -002). These were all valid for 18 months from the date of approval on
April 4, 2006 until October 18, 2007, allowing for an initial 18 -month period to secure a building
permit. Though the applicant was unable to acquire the finances for construction during this
original period due to the downturn of the housing market and overall economy, he showed
"good faith" and remained vested in this project by working diligently on complying with many of
the expected requirements associated with securing the building permit. The applicant paid the
2007 reservation fees for utilities in the amount of $3,243.24, secured required permit for FDOT
drainage, temporary and permanent driveways, and fire rescue, discussed with the Engineering
Division and the preparation and submittal of revised utility plans and plats for Engineering
approval, and completed all requested construction drawing revisions to address comments
received from pre- review of the approved plans in June 2007. Since then, the applicant has
requested four (4) Site Plan Time Extensions in an effort to bring the project to fruition; however,
this has been dependent upon the financial institutions' support of construction for new
developments in the South Florida region.
The following is a summary of the four (4) previous time extensions with an outline of their
justifications followed by a proposed Site Plan Time Extension with a timeline.
1St Site Plan Time Extension (SPTE 07 -011) — this extension was approved on November 2007,
with an extended Site Plan approval for one (1) year, from October 18, 2007 to October 18,
2008.
Justification of Delay— during this Time Extension, a condition of approval was imposed
by the City Commission requiring the applicant to plant Royal Palms along the west
property line of the subject property (abutting the Federal Highway right -of -way) as an
interim improvement. A site inspection performed by City of Boynton Beach Staff
confirmed that the applicant complied with this condition within this Time Extension
period. In addition, the applicant installed a temporary water meter on the site, which met
the water utility requirement established by the City. Furthermore, the applicant
continued working very closely with the City on the review of the Plat and Engineering
Plans, continued the finalizing of the construction documents for the proposed
townhomes, and diligently tried to expedite the financing of the projects with little
success. The downturn of the housing market affected the applicant's ability to receive
financing for this project before the end of this Time Extension, forcing the applicant to
request an additional extension.
2 Site Plan Time Extension (SPTE 08 -Off) - this extension was approved on November 2008,
with an extended Site Plan approval for one (1) year, from October 18, 2008 to October 18,
2009.
Justification of Delay— Staff Comments Review for this Time Extension dated November
14, 2008 states that the applicant was in compliance with traffic concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for the
Tuscan Villas project based on a total of 22 proposed residential units. Since the project
is located within the Coastal Residential Exceptions Area of Palm Beach County which
exempts residential units from traffic concurrency requirements, and the project meets
the Traffic Performance Standards of Palm Beach County, no building permits are to be
issued after the build -out date of 2010. The water reservation condition of approval was
addressed by installing a temporary water meter on the site. Also, during this Time
Extension period no new land development regulations were developed in conflict with
the approved project, and the applicant was still subject to the original 36 conditions of
Site Plan approval including the Art in Public Places ordinance (05 -060).
3"°'Site Plan Time Extension (SPTESB 360)— this extension was approved on November 2009,
with an extended Site Plan approval for two (2) years, from October 18, 2009 to October 18,
2011.
Justification of Delay— As mentioned before in this report, this project, like many others
in the South Florida Region, has been subject to an extended waiting period to receive
financial support for construction due to the downturn in the housing market. However,
during this Time Extension period, the applicant continued to show "good faith" and
remained vested in this project by working closely with the City of Boynton Beach to
ensure compliance with the Public Works Department, Engineering Division, and Utilities
Department while diligently trying to expedite the financing of the project. The applicant
continued to comply with the water reservation condition of approval by maintaining the
temporary water meter on the site. During this time no new land development
regulations were developed in conflict with the approved project, and the applicant
continued to be subject to the original 36 conditions of Site Plan approval including the
Art in Public Places ordinance (05 -060).
4h Site Plan Time Extension (SPTEHB -7207) - this extension was approved on August 2011,
with an extended Site Plan approval for two (2) year, from October 18, 2011 to October 18,
2013.
Justification of Delay — this project has been subject to an extended waiting period to
receive financial support for construction due to the downturn in the housing market.
During this Time Extension period, the applicant continued to remain vested in this
project by working closely with the City of Boynton Beach to ensure compliance with the
Public Works Department, Engineering Division, and Utilities Department while diligently
trying to expedite the financing of the projects. The applicant continued to comply with
the water reservation condition of approval by keeping in place a temporary water meter
on the site. During this time no new land development regulations were developed in
conflict with the approved project, and the applicant continued to be subject to the
original 36 conditions of Site Plan approval including the Art in Public Places ordinance
(05 -060).
Proposed Site Plan Time Extension — The applicant is requesting an additional 18 months Time
Extension to maintain the projects' vesting. On July 29, 2013 the applicant has successfully
refinanced the project loan. A copy of the loan refinancing agreement from the bank has been
added to this application. In addition, this execution will allow the applicant to continue securing
all the required permits and approval of plans while addressing the execution of the original 36
conditions of Site Plan approval including the Art in Public Places ordinance (05 -060), as well as
from all applicable reviewing authorities.
Currently, there are no recently adopted amendments to the Comprehensive Plan or new land
development regulations in place that could alter the previously approved (April 18, 2006) Site
Plan configuration. The applicant continues to show "good faith" efforts in keeping this project
valid and has remained vested by keeping it active through Time Extensions and by working
diligently to ensure compliance with requirements and imposed conditions throughout the past
two (2) years in an effort to be able to secure all necessary permits despite the prolonged
housing market downturn in this region. The time extension will allow for development of this
site through this economic cycle.
The applicant believes that the City of Boynton Beach Staff remain in favor of the
redevelopment efforts presented in the approved Site Plan which serve to promote the goals of
the Community Redevelopment Agency and the Federal Highway Corridor Community
Redevelopment Plan. The applicant has remained in support of this project because he believes
it provides the right use, intensity, and appearance for this highly visual entrance corridor to the
City, that it shall increase the value of surrounding properties, and contribute to the overall
economic development of the City. The time extension allows time for contingencies in the case
where unforeseen delays might occur through the plan development, permitting, and platting
processes.
Attached please find a Timetable that delineates the justification of the requested 18 -month
extension to bring the project to construction. If approved, this extension shall be extended until
April 18, 2015.
Should you require any additional information, please do not hesitate to contact me directly.
Regards,
Cotleur & Hearing, Inc.
Landscape Architects / Land Planners / Environmental Consultants
Brian Cheguis, Senior Land Planner
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EXHIBIT "E"
Conditions of Approval
Project name: Tuscan Villas
File number: SPTE 13 -003
Reference:
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
1. Approval is subject to all previous conditions of approval.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S: \Planning \SHARED \WP \PROJECTS \Tuscan Villas \SPTE 13- 003 \COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Tuscan Villas (SPTE 13 -003)
APPLICANT: Brian Cheguis, Cotleur & Hearing
APPLICANT'S ADDRESS: 1934 Commerce Suite 1, Jupiter, FL 33458
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013
APPROVAL SOUGHT: Site Plan Time Extension approval for 22 townhouse -style condominium units,
recreational amenities, and related site improvements, on a 1.34 -acre parcel.
LOCATION OF PROPERTY: East side of Federal Highway approximately 1,100 feet north of Gulfstream
Boulevard.
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 "E"
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 \Tuscan Villas \SPTE 13- 00300 (SPTE 13- 003).doc
NEW BUSINESS
7.D.1
MVU's and
Food Truck Assemblies
(CDRV 13 -005)
Code Review
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-032
TO: Chair and Members
Planning & Devel 7 m and
L7
,
THRU: Michael W. Rumpf
Director of Planning and Zoning
FROM: Eric Lee Johnson, AICP, CF, LEED Green Associate
Planner II
DATE: September 12, 2013
SUBJECT: Mobile Vendor Units and Food Truck Assemblies / CDRV 13-005 —
Request approval for an amendment to the Land Development Regulations Part III
LDR, Chapter 1, Article H Definitions to add a definition for "Assembly Mobile
Vendor Unit" (MVU); Chapter 2, Article 1, Section 2 to change the review and
approval authorities for VU's; Chapter 2, Article II, Section 7 to change the
approval processes; and Chapter 3, Article V, Section 10 to update the provisions
for VU's including establishment of the Assembly MW. City initiated.
BACKGROUND AND EXPLANATION
In 2007 the City Commission directed staff to prepare for their consideration amendments to the
Land Development Regulations to accommodate mobile vendors. The amendments were
approved which included very comprehensive yet conservative regulations (when considering
unprecedented regulations, it is often better to start with more strict regulations and modify them
over time as lessons are learned and uncertainties are resolved during its initial implementation
period). In part, those new regulations required the MVUs to be approved for physical
compatibility with its surroundings, included fairly strict location al limitations including
separations from parks and schools, limited approval to one (1) per property thereby precluding
the benefits of food truck assemblies, and required review and approval by the City Commission.
To meet the demands of our increasingly time-constrained society, more and more sales and
services are going mobile. Cities across the country have experienced similar shifts in the way
citizens are procuring food, merchandise and services. In Boynton Beach, we experienced a
similar trend when a food truck rally approached the City to utilize Oyer Park as a host site for a
weekly event to be held from March through June of this year. In order to determine community
support for these types of events, Commission suspended the Special Event Permit requirement
for the duration of that event. During that time, staff gathered attendance statistics, which clearly
indicated growing popularity through increased attendance each week. Following the end of the
event, staff solicited input from a focus group, representing a cross section of both proponents
and opponents of the event. A summary of the findings gathered from the focus group has been
included as an exhibit for this it ern.
Page 2 of 2
CDRV 13 -005
and opponents of the event. A summary of the findings gathered from the focus group has been
included as an exhibit for this item.
Utilizing the data collected, staff is proposing modifications to the existing Mobile Vending Unit
(MVU) regulations to facilitate the inspection and licensing of MVU activity within the City,
and a specific permit program to allow for the continuation of Assembly type events consisting
of greater than three (3) mobile vending units in specific zoning districts throughout the City for
both public and private venues.
The proposed amendment is undoubtedly intended to encourage more business activity (or a
"buzz ") throughout the community. Staff is acknowledging a difference between a typical MVU
and the Assembly MVU. Regardless of the differentiation, these applications will be reviewed
by staff and the City Commission, depending on the type. Instead, the traditional MVU, which
is more simple in character, will be reviewed directly and solely by staff, while the more
complex Assembly MVU will require City Commission review and approval. The proposed
provisions would create new density standards that would help to control impacts. For example,
while the proposed language expands the maximum allowable size of a single entity MVU (from
72 square feet to 310 square feet), this is only allowed when the land area is large enough to
accommodate such a type of MVU (i.e., for each 0.5 -acre of land). On private property, this
would be applicable to the larger, Class "B" type MVU. Also, the display of merchandise may
occur outside the MVU, but only with permission of property owner. In order to make the City
more business- friendly, staff proposes to eliminate the separation requirement from schools and
playgrounds, noting that the presence of an MVU should not pose any harmful or potential
impacts to such facilities. Other business- friendly provisions include 1) reducing the distance
separation from a fixed retailer selling similar merchandise and exempting it from a mandatory
separation requirement, contingent upon consent from the land owner; 2) accommodating "MVU
assemblies "; and 3) adding a definition and provisions for "assemblies." One of the main
reasons for removing the distance separation from a park is to allow Assembly MVU events to
be held in or near a city park.
CONCLUSION / RECOMMENDATION
Staff is recommending approval of the proposed code amendment to MVU's, in order to
encourage more activity within the downtown and outlying areas. Overall, this amendment
would promote economic development and make Boynton Beach more competitive with respect
to this emerging type of unique industry.
S. Planning`, SHARED ,WP`,SPECPROT,CODE REVIEW`,CDRV 13 -005 Mobile Vending Units Staff Report.doc
Focus Group Survey Results
Dear Focus Group Participants -
Here are the survey results of our recent survey on regulations for Mobile Vending Units: (highest
ranking is highlighted)
7 of 15 surveys returned — 2 Citizens; Boynton Beach Mall; 2 Food Truck Vendors; 1 Restaurant; CRA
Question Do not Neutral Important Extremely Total # of
include Important Responses
Limit Hours of Operation - 1 2 3 1 7
Limit Days of Operation 3 0 3 1 7
Limit number of occurrences within a 3 1 2 1 7
given period of time
Distance separation from existing like 1 2 3 1 7
uses
Distance separation from 4 2 0 1 7
schools /places of worship
Distance separation from residential 0 3 2 2 7
properties
Use of City Streets 0 1 3 3 7
Use of City Parks 0 1 3 3 7
Use of City Facilities 1 1 2 2 6
Business Tax Fee 2 0 4 1 7
Event Fee 2 0 2 2 6
MVU Permit 1 1 2 2 6
City Inspection of MVU 0 1 4 1 6
Private events (not open to the 2 3 1 1 7
public)
Events on private property (open to 1 2 3 1 7
the public)
Enforcement provisions 0 1 3 3 7
Fines /penalty fees for violations 0 1 3 2 6
Alcohol restrictions 1 1 4 1 7
Administrative review 0 2 4 1 7
City Commission review 2 2 2 1 7
Limit MVU size 2 1 3 1 7
Limit number of MVU's by site /event 0 1 4 2 7
location parcel size
Require availability of public 4 0 1 2 7
restrooms
Waiver from or notification of 3 1 1 1 6
adjacent property owners
From the information above, we will start focusing on those items rated Important and Extremely
Important to be incorporated into the Code language.
If you are interested in seeing the draft of revision to our existing Code, please respond to me via e -mail,
and I will be sure to include you.
You are all welcome to come to the public meetings for this item — currently scheduled for City
Commission — first reading on September 17 (Commission may not allow the public to speak on this item
at that meeting, but will and the second reading)
Planning & Development Board on September 24 —The public is welcome and encouraged to
participate.
City Commission — second reading on October 1 with open public comment at the time the item appears
on the agenda.
I will be out of the office for the next few days, returning on September 3.
Again, I thank you for being part of our focus group to help us determine how best to revise our current
regulations!
Best regards,
Nancy
Nancy Byrne
Director of Development
Sustainable Development Coordinator
City of Boynton Beach
(561) 742 -6372
(561) 742 -6851 fax
byrnenQbbfl.us
" Ich a 14 G alc h a K511, C Ic h your li vaila, an d Br eeze into 13c ynli n A!"Ic h, America s 1 r' e m 7q Io the
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City Hall hours are Monday - Thursday 7a.m. - 6 p.m.
CLOSED FRIDAYS
Mobile Vendor Code Citations
Part III (LDR), Chapter 1, Article II
MOBILE VENDING UNIT (MVU) - Any movable cart, trailer, or other vehicle that is
operated from an established location, from which food, flowers, and other merchandise and
services, as well as non - alcoholic beverages are provided to the public with or without
charge; except, however, that the provisions of this ordinance shall not apply to mobile
caterers, or service providers, generally defined as a person engaged in the business
of transporting, in motor vehicles, food, beverages, or service equipment to residential,
business, and industrial establishments pursuant to prearranged schedules, and dispensing
from the vehicles the items or services at retail, for the convenience of the personnel of such
establishments. For the purposes of implementing and interpreting the mobile vendor
ordinance, the following definitions shall apply:
ADULTERATED - The condition of a food that bears or contains any poisonous or
deleterious substance or has been processed, prepared, packed or held under
unsanitary conditions, whereby it may have become contaminated with filth, in a
quantity which may render it injurious to health.
APPROVED MANNER - Method of dealing with waste, solid or liquid, which
comports with adequate sanitation methods as established by the Division of Hotels
and Restaurants of the Florida Department of Business and Professional Regulation.
APPROVED SOURCE — A licensed food processing establishment considered
satisfactory by the health director and serving food products which are clean,
wholesome, free from adulteration or misbranding and safe for human consumption.
A` SENIBLN' — A cooceiitrat oii of ffire ` or i -nof� Nl\' , �oordii -iated b a
, , , -accessible
aiiid coi -ni - n i-iiy activities. Events of this ��` ��'t �J� i �t b ��) � �� .'01 111
ora i £`` ei - its over a fixed Del -ioG
of th -n e.
COMMISSARY - A food processing establishment or food service establishment
approved by the Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation in which food, containers or supplies are kept,
handled, prepared, packaged or stored for transportation by mobile vendors.
CORROSION RESISTANT MATERIAL - A material which maintains its
original surface characteristics under prolonged influence of food, cleaning
compounds, bactericidal solutions and other conditions -of -use environment.
EASILY CLEANABLE - Surfaces are readily accessible and made of such material
and finish and so fabricated that residue may be effectively removed by normal
cleaning methods.
FOOD - Any raw, cooked or processed edible substance, ice, beverage or ingredient
used or intended for use or for sale in whole or in part for human consumption.
FOOD HANDLER - A person, certified by the Division of Hotels and Restaurants
of the Florida Department of Business and Professional Regulation, engaged in the
preparation, handling or vending of food.
FOOD VENDOR - Any person, group of persons, firm or corporation who
individually or by or through an agent or employer, offers for sale, sells, attempts to
sell, exposes for sale or gives away any food intended for human consumption from
any vehicle or by a person afoot.
LABEL — A display of any written, printed, or graphic matter upon the immediate
container, not including package liner, of any prepackaged article in accordance with
state law.
LIQUID WASTE - Fluid, resulting from wastes produced from food vending
operations, composed of solids, whether dissolved or in suspension; liquids, whether
in solution, in emulsion or in separate phases; and gases. The term shall also include
melted ice.
MERCHANDISE - Items of clothing, jewelry (including timepieces), photos,
artwork, housewares, flowers, plants, landscape materials, carpets, phones and
accessories, small appliances, medicines, personal care items, books and /or
magazines as well as audio or video recordings, tapes, discs or other media.
MISLABELED AND MISBRANDED - The presence of any written, printed or
graphic matter upon or accompanying any food or container of food which is false or
misleading and which is not presented in the English language as stipulated by the
Food and Drug Act, Title 21, Chapter 1- 101.15 or which violates any applicable
federal, state or local labeling requirements.
PERISHABLE FOOD - Food, including shelled eggs, of a type or in such condition
that it will become adulterated unless kept at a temperature which will maintain
product quality and wholesomeness.
PERMIT - A license to operate a mobile vending unit which shall be issued by the
Planning and Zoning Division of the City's Department of Development for a stated
fee and shall be carried by a vendor or food handler at all times while vending.
POTENTIALLY HAZARDOUS FOOD - Any food that consists in whole or in
part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or
other ingredients including synthetic ingredients, in a form capable of supporting
rapid and progressive growth of infectious or toxigenic microorganisms. The term
does not include clean, whole, uncracked, odor -free shell eggs or foods which have a
pH level of 4.5 or below or a water activity (AW) value of 0.85 or less.
PUBLIC WAYS - Include all portions of public streets, alleys, sidewalks, trails and
parking lots of the City of Boynton Beach and, in addition, shall include privately
owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for
public use or access.
SAFE TEMPERATURES - As applied to potentially hazardous food, shall mean
temperatures of forty -five (45) degrees Fahrenheit (seven (7) degrees Celsius) or
below, or one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) or
above and zero degrees Fahrenheit (minus seventeen (17) degrees Celsius) or below
for frozen food storage.
SANITIZE - Effective bactericidal treatment of cleaned surfaces of equipment and
utensils by a process which has been approved by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional Regulation as
being effective in destroying microorganisms including pathogens.
SERVICES - Personal services to include portraits, body art, and hair braiding; the
cleaning and detailing of vehicles including automobiles, tricks, vans, and
motorcycles; and repairing household goods, tools, and equipment.
SINGLE SERVICE ARTICLES - Cups, containers, lids, closures, plates, knives,
forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and
similar articles intended for one -time, one - person use and then discarded.
STICKER — A decal issued by the Planning and Zoning Division of the City's
Department of Development that is numbered and has the month and year of the
expiration date of the permit which shall be displayed on the mobile vending unit.
UTENSIL - Any implement used in the storage, preparation, transportation or
serving of food.
VEHICLE - Every device in, upon, or by which any persons, food or other
commodity is or may be transported, pushed or drawn.
WHOLESOME - In sound condition, clean, free from adulteration and otherwise
suitable for use as human food.
Part III (LDR), Chapter 2, Article I, Section -2
Section 2. Types of Land Development Applications
A. Table 2 -1. Applications by City Departments.
Legend:
HRPB: Historic Resources Preservation Board
P &Z: Planning and Zoning Division
P &D: Planning and Development Board
CRA: Community Redevelopment Agency
CC: City Commission
REVIEWING PUBLIC
SECTION AUTHORITY
APPLICATION TYPE CODE AUTHORITY PROVING HEARING
(STAFF) REQUIRED?
ARTICLE IL PLANNING AND ZONING DIVISION SERVICES
Standard Applications
Annexation Art II, Director of CC Yes
Section 2.A P &Z
Comprehensive Plan
Amendment
Ail II,
Text Citti- Initiated OWN -
Section 2.B.2
Future Land Use Map Ail II, Director of
CC Yes
(FLUM) Section 2.B.3 P &Z
Conditional Use Ail II,
Section 2.0 Director of
CC Yes*
Conditional Use Time Ail 11,
P &Z
Extension Section 2.C.6
Rezoning Ail II,
Section 2.1)
Master Plan (New) II,
Section 2.D.6 CC Yes*
Director of
Master Plan
Article II, P &Z
Modification (Major)
Section
2.D.6.g
Master Plan Article II, Director of
Modification (Minor) Section P &Z No
2.D.6.h
Art II, Director of Director of
Sign Program No
Section 2.E P &Z P &Z
Site Plan Review Art II,
Section 21
Site Plan Time Art II, Director of
CC Yes*
Extension Section 21.6 P &Z
Site Plan Modification Art II,
(Major) Section 21.7
REVIEWING PUBLIC
SECTION AUTHORITY
APPLICATION TYPE CODE AUTHORITY PROVING HEARING
(STAFF) REQUIRED?
Site Plan Modification Director of
No
(Minor) P &Z
Vacation and Art II, Director of
CC Yes*
Abandonment Section 2.G P &Z
Planned Industrial Development (PID) Applications
Master Site Plan (New) Art II,
PID Zoning District Only Section 3.A
CC Yes
Master Site Plan Director of
Modification, Major Art II, P &Z
6 A.
Master Site Plan Section 3. Director of No
Modification, Minor P &Z
Technical Site Plan (New) Art II,
PID Zoning District Only Section 3.B
Technical Site Plan Director of Director of
No
Modification Art II,
Major P &Z P &Z
Technical Site Plan Section 3.B.6
Modification, Minor
APPLICATION TYPE CODE REVIEWING APPROVING PUBLIC
SECTION AUTHORITY AUTHORITY HEARING
(STAFF) REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES continued
Art II, Director of
Waiver CC Yes
Section 3.C. P &Z
Relief Applications
Administrative Art II, Director of Director of
No
Adjustment Section 4.A P &Z P &Z
Community Design Art II, Director of
CC Yes
Appeal Section 4.B P &Z
Height Exception Art II, Director of CC Yes
Section 4.0 P &Z
Variance to Land Art II, Director of CC Yes*
REVIEWING PUBLIC
SECTION AUTHORITY
APPLICATION TYPE CODE AUTHORITY PROVING HEARING
(STAFF) REQUIRED?
Development Regulations Section 4.1) P &Z
Waiver Art II, Director of See Site Plan See Site Plan
Section 4.E P &Z Review Review
Permit Applications
Art II, Director of Director of
Sign Permit No
Section 5.A P &Z P &Z
Art II, Director of Director of
Zoning Permit P &Z P &Z No
Section 5.B
Historic Preservation
Certificate of Art II, Director of
HRPB Yes
Appropriateness P &Z
Section 6.A.
Historic District or Art II, Director of
CC Yes*
Properties Designation P &Z
Section 6.B.
Historic Preservation
Property Tax Exemption Art II, Director of Section 6.C. P &Z CC Yes
Application
Other Applications
Art II, Director of Director of
Certificate of Conformity No
Section 7.A P &Z P &Z
Art II, Director of Director of
Lot Line Modification No
Section 7.B P &Z P &Z
Art II, Director of P L) to
Mobile Vendor Approval sY>
Section 7.0 P &Z of Z .:Z
M" Z 1C "-
Modification to Art II, Director of
CC Yes
Development Order Section 7.1) P &Z
Sidewalk Cafe Approval Art II, Director of CC No
Section 7.E P &Z
REVIEWING PUBLIC
SECTION AUTHORITY
APPLICATION TYPE CODE AUTHORITY PROVING HEARING
(STAFF) REQUIRED?
Zoning Verification Art II, Director of Director of
No
Letter Section 7.G P &Z P &Z
ARTICLE III. ENGINEERING DIVISION SERVICES
Preliminary Plat Art 111, City Engineer City Engineer No
Section 2.B
Final Plat Art 111, City Engineer CC Yes
Section 2.0
Part III (LDR), Chapter 2, Article II, Section -7.C.
C. Mobile Vendor Approval.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to
set forth well - defined application processes, review criteria, and information
to guide in the processing and review of mobile vending units (MVU)
submittals.
b Applicability. This subsection is applicable to any MVU proposed eli
�1, it ri the it in
accordance with Chapter 3, Article V, Section 10. It shall be unlawful for
anyone to operate an MVU in the City without first obtaining the
necessary approvals as contained herein.
2. Submittal Requirements. See Section 1.D above for the submittal
requirements of this application. Because of minimum separation requirements
between each MVU, in those instances when more than one (1) application has been
submitted for the same location, the earliest application shall be processed and
forwarded to either the Planning and Development Board or the Community
Redevelopment Agency, whichever is applicable.
3. Review Criteria. The MVU shall comply with the regulations and
requirements of Chapter 3, Article V, Section 10. Site constraints and site plan
functionality shall be satisfactorily addressed to justify the request.
4. Approval Process. Staff shall review the proposed location and
dii- erisioris of each MVU to ensure compliance with the review criteria contained
herein, and provide a recommendation. 1 f t ii c ap i c a t i o ri i s f o r a ri
As s e i b I mo , , :Fhe application is forwarded to the
Commission shall take the following action: 1)
approve; 2) approve with conditions; 3) table or defer their decision to a subsequent
meeting in order to collect additional information or conduct further analyses; or 4)
deny the request for an as se gib , of MVU's. Once an ii ideal or a s gib y
MVU application is approved -b a permit fee shall be paid
by the applicant, and Business Tax Receipt received, prior to the operation of the
MVU.
5. Expiration. Each approval for an MVU shall be effective for one (1) year,
from October 1 until September 30, subject to annual renewal. A sseinb k i)en
are issued og L quA! :fg d
basis, srrh j _ g�� y f "oi coi
6. Fees. The annual renewal fees for an MVU shall be paid to the Business
Tax Division in accordance with the fee schedule as adopted by the City.
As.sei - fib , �'£`n -nits ar �1G J r , "i Jb
7. Suspension. Approval of an MVU or f s crib y pen may be temporarily
suspended by the City under the following circumstances: 1) when necessary to
clear sidewalk areas for a "community or special event" authorized by the City; 2)
when street, sidewalk, or utility repairs necessitate such action; or 3) when the City
may cause the immediate removal or relocation of all or parts of the MVU or
assn i-nb y in emergency situations.
8. Denial or Revocation. The Bu'Idiiu Board,, cif f� jrr e rr Mi d
ii for Assei hI�
shall have the power and authority to deny or revoke the issuance or renewal of any
application for MVU or A s crib yunder the provisions of these regulations. In
such instances, the applicant shall be notified in writing r F44 -H +a II-of the
denial of an application or the suspension or revocation of an existing approval, and
the grounds thereof. Upon such notification, the operation shall cease and desist
until final action or outcome of the Board or City Coi-ni sioi . An application
approved under these regulations may be recommended for suspension or revocation
by staff, based on one (1) or more of the following:
a. Florida Department of Business and Professional Regulation.
Cancellation of the Vendor's permit issued by the Division of Hotels
and Restaurants of the Florida Department of Business and Professional
Regulation.
b. Expiration. Expiration, suspension, revocation or cancellation of
any other business tax receipt or permit required by the vendor.
C. Fraud. The permit was procured by fraud or false
representation of fact.
d. Consent. The abutting property owner or tenant withdraws
consent, in writing, for the mobile vending unit.
e. Violations. Violations of this or any other ordinance, the City's
municipal code, c o iditi gs of pen or when conditions exist that
present a threat to the public health, safety, or welfare.
L Miscellaneous. If determined to be noncompliant with the
review criteria contained herein or otherwise inconsistent with the original
approval, or changing conditions warrant the removal of the unit from the
public — glit of �1, a
9. Appeal. Applicants who have been denied a request for an MVU or
assembly permit or who have had their approval revoked may formally appeal
such denial or revocation to the City Commission in accordance with Chapter 1,
Article VIII.
Part III (LDR), Chapter 3, Article V, Section 10.
Section 10. Mobile Vendor Regulations.
A. Purpose and Intent. The purpose of this section is to provide for the
regulation of mobile vending activities igcl digL, .' ssegibi y, on public and private
property, in certain commercial and mixed -use zoning districts of the City in order to
promote the public interest by contributing to an active and attractive pedestrian
environment. In recognition thereof, reasonable regulation of mobile vending is
necessary to protect the public health, safety, and welfare and the interests of the
City in the primary use of public streets, sidewalks, and parking areas, for use by
vehicular and pedestrian traffic.
B. Definitions. See Chapter 1, Article II for specific definitions applicable to
Mobile Vending Units (MVU).
C. Approval Required. It shall be unlawful for any establishment or
organization to engage in or carry on the business of vending food, goods, or
services, upon private property or the public ways of the City without first having
secured a permit or permits as required by this section. See Chapter 2, Article II,
Section .0 for the process and procedure to obtain approval for an MVU.
It is not the intent of these regulations to be applied to mobile vendors temporarily
approved in conjunction with a special sales event. See Section 6 above for
additional regulations regarding Special Sales Events.
D. Districts. The operating area of an MVU shall be entirely located in the
following zoning districts: C -2, C -3, C -4, CBD, PCD, SMU, MU -Ll, MU -L2, MU-
L3, - n- d -MU -Ha N141 ® P1 = ® f '= „and PID
E. Compatibility.
use of an MVU shall be compatible with the
public interest. In making such a determination, staff shall consider the type and
intensity of use the width of the sidewalk ti °, .i ' .i ��c of ri ull - of -�1' a"
ocatioi'i of fire laiws fire y,'draiit. "`l distaiwe frogi ii-it rsectioi -is agd gll11'01'
dri ve� °,'a ys. the proximity and location of existing street furniture, including but
not limited to traffic control devices, signposts, lampposts, parking meters,
benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards,
public art and refuse containers, as well as the presence of trick loading zones.
Staff shall also consider established and emerging pedestrian and vehicular traffic
patterns, as well as other factors it deems relevant in determining whether or not the
proposed use would diminish required parking or result in congestion of the public
and private ways, on -site traffic circulation patterns, or the creation of a safety
hazard.
F. Location Criteria. An MVU shall be
*d- �n- ti -s�1�
zoi districts mice a Bush - ie ss ' Fax R{`t; ei) i��s ��eei - i issued G ; Utlllty service
connections are >t c permitted L �! ��� f1uildii )en t ias beef -i
issued In addition, an MVU must comply with the following location criteria,
whichever is applicable:
1. Public Property and Rights -of -Way. An MVU, located on
public property or within a right -of -way, shall comply with the following
requirements:
a. Maximum Area. An MVU shall not occupy an operating
area of more than -7= 310 square feet of space, including the unit,
operator, trash receptacle, signage, merchandise, and covering, if
applicable er ci -Half 1 t s1t . A single entity may request
approval for more than one (1) MVU f +e-4 0t
< a4FI- - +ea me r_ �" t
u Maximum Dimensions. Aiu NINA slial riot exceed
ei lut ( ... 0 feet iii �ljd li by t�l ei- it`s - fiv f -' *5, feet iii lei-i lutl
C. Maximum Height. The maximum height of an MVU,
including any covering, such as its canopy, umbrella, and / or
transparent enclosure, shall not exceed , el v e CI 21 feet,
d. Sidewalks. An MVU vendor located on a public sidewalk
shall not:
(1) Vend at any location where the sidewalk is less than
10 feet in width;
(2) Vend within 20 feet of an entrance to any building,
bus stop sign, driveway, stop sign, or cross walk of any
intersection; and
(3) Obstruct the view of any directional sign, traffic
control sign, or device.
2. Private Property. An MVU is allowed on private property,
provided that it complies with the following regulations
4a- Class "A" MVU. An MVU is considered "Class `A "' if
it is less than seven (7) feet in height, including its canopy, umbrella,
and / or transparent enclosure and if the operating area is 72 square
feet or less, including the unit, operator, and trash receptacle.
A Class "A" MVU may be placed within off - street parking spaces but
shall be restricted to excess parking spaces only. It shall not obstruct
or impede critical vehicular use movements or otherwise create a
hazard.
1 Class `B" MVU. An MVU is considered "Class B "' if
it is either greater than seven (7) feet in height or in excess of 72
square feet in operating area, or both.
1 s
% - e . art 4:4
A Class "B NI\ shall be adlo) l,ed oii all sites ureater tliaii oi- ie - lialf
er oi-i - lialf ( 0: *,�
acre sliall be p n
Both Class "A" ai-id "B " NIN 's - -sare allo�l ed oii 1)-a -1
Iii °, X11 °, r or
c ause gogcogirliaii Itli ADA accessible rorat rlr irei- ei-its .-
r J r clear rassaue of lour 1 41 4` et i -nu it be inaliitali -i `d for
Ledestriall -travel at all Wiles
G. Removal. Each MVU shall be removed daily. An MVU shall not remain
on any public or private property, or within any rights -of -way between the hours of
midnight and 6:00 AM.
H. Maintenance. The mobile vending unit, including any canopies,
umbrellas, or transparent enclosures, must be clean, and well maintained. The
vending site itself must also be clean and orderly at all times, and the vendor must
provide a refuse container for use by his patrons. The container shall be removed
after the unit has departed for the day. Vendor wastes of any kind shall not be
deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste
receptacles, or private dumpsters.
1. Separation.
1. Between Units. An MVU shall not be placed within 100 feet
from another MVU of a different vendor for which a pert had been
granted - Lirdess recuested as a c oriel itiori ofA--errnit.
----------------------
2. From Selected Land Uses.
a. An MVU shall not be placed within 300 feet from the
property line of any
t4 t-4 ei-single- family residential zoning district.
b. An MVU shall not be placed within - 4 'O feet from
the property line of any establishment that sells or provides similar
foods, merchandise, or services as that of the MVU �1,itliout the
Lr. C�Ifflsellt cif the Ls"
J. Display.
1. Display of Permit and License. All vendors must display the
pert issued by the City in a prominent and visible manner. In addition, an
MVU capable of operating within public rights-of-way shall display a current
Florida Department of Highway Safety & Motor Vehicles (DHSMV) license
plate.
2. Display of Merchandise. All merchandise must be displayed on
the MVU ii REC aiid PI-1 zoi districts ui otlier�1,ise desiumited as a
coi of i)en No merchandise shall be displayed using street
structures (planters, trees, trash containers, signposts, etc.) or placed upon the
sidewalk or
oftlie I-Irmert1 0 1,i
be area aroui the trait,
or otlierv, i se i i xirlj rig or access to structures t1, it1ii i the site.
L_
K. Emergencies. Vendors shall obey any lawful order from a police or
fire department official during an emergency or to avoid congestion or obstruction of
the sidewalk.
L. Prohibitions.
1. Solicitations. An MVU approved and located within a right-of-way
shall not solicit or conduct business with persons in motor vehicles.
2. Advertisements. Vendors shall not make loud noises, use
mechanical audio, noise - making devices, moving objects, or lighting systems
to advertise his or her product.
3. Unattended. No MVU shall be left unattended.
4. Miscellaneous.
a. Vendors shall not hinder or impede the use of any phone
kiosk, mailbox, parking meter, fire alarm, fire hydrant, or traffic
control device.
b. No tables, chairs, or umbrellas are to be set up for use by
customers, with the exception for those located on private properties
and utilized in connection with a Class "B" MVU.
C. Nl- o- Ffreestanding signs, flags, banners, tents, tarpaulins,
canopies, or awnings shall be allowed in connection with an MVU
as a c ogdifiog of' oen - nit. All signs, flags, banners, tents, tarpaulins,
canopies, or awnings shall be either attached to, centered over,
resting against the vending vehicle / equipment, or located �°,"ifiih a
d siL tee area f oi-) the NIN based oi-) _ i)en-)(f coi-)d(f(oi k--- ir-
& Live ertertair ier)t, defir)ed a— - erforrriar)ces, show's or other
forrr)s of er)tertair)rrier)t coo sistlr) o clC) (1) or rr)clre )ersc)r)s, arr) fified
rlr C'f C) °ei Tl }l f r Til)sIC clr t�) r r le)t scll)C)C s clr C)clls IC)cll)C IC) bUt
r)ot lirr)ited to ertertair ier)t orcovided C7 T1l1slcleiC)s, C�ISC �ciclr� (C.� },
rriaster of cererrior)ies (MC), or karr oke-. Is r)rohibite -d ()rless Wr rificrfll r
defir)ed as a cor)ditior) of ar) Asserribly gerrr)ft or ar) Ertertair ier)t
Perrr)it for the site is ir) flace
M. t 4 v
-t � � � ��r�x�. ,f= f�x� >� >�=b •y ��... r� = � >�- r��= ,- ��- %d= �- �- (- ( --i- -� ` "t
t% e sir F
AUTO/CAR 1. AUTO /CAR WASH (POLISHING, WAXING, DETAILING). An
AUTO /CAR WASH (POLISHING, WAXING, DETAILING) type of MVU shall
not be allowed on public property or within any right -of -way. This type of MVU is
only allowed on private property and shall comply with the location criteria of
paragraph "F" above. One (1) freestanding canopy may be allowed for this type of
MVU in addition to another canopy that is either attached to, centered over, or
resting against the vending vehicle or equipment. In all instances, the size of the
freestanding canopy shall be the minimum necessary to accommodate one (1)
parked vehicle, but not to exceed 20 fee in width by 20 feet in length, and must be
removed daily.
NEW BUSINESS
7.E.1
Economic Development and
Interim LDR Amendments
Part IV
(CDRV 13 -006)
Code Review
DEPARTMENT OF DEVELOPMENT
a
PLANNING AND ZONING
Memorandum 1 -034
: Chair and Members
Planning & Development Board
FROM: Michael Rumpf
Planning and Zoning Director
ATE: September 17, 2013
Economic Development and Interim LDR Amendments Part IV
(CDRV 13 -006) — Approve amendments to the LDR to update the
Zoning Use Matrix to include Showroom/Warehouses as a new
principal use and provide definition and regulations.
OVERVIEW
The rewrite of the City's land development regulations (LDR) allowed staff to perform a
complete review and analysis of each standard, regulation, and process. As part of the
post - adoption process, staff anticipates the periodic need for, and is prepared to
expeditiously process, updates and amendments to the LDR for one or more of the
following reasons or initiatives:
1. Business and economic development initiatives;
2. Sust ' ability initiatives;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or
current objectives and vision.
The proposed amendment would further items #1 business and economic development
initiatives and #5 by adjusting existing regulations to achieve original or current
objectives.
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ANALYSIS
This proposed amendment was part of a previous round of Economic Development and
Interim LDR Amendments (Part I1), but were removed by staff prior to the Planning &
Development Board hearing on May 28, 2013, in order to provide the newly -hired
Economic Development Manager the time necessary to review all aspects of the proposed
amendment and potentially suggest changes. This review has been conducted and is
forwarded in final format for review and approval.
As noted in the previous staff report, the current code does not appropriately define this
unique business, and staffs interpretation of the proposed business activities /operations
inaccurately categorizes this type of business with uses which are more intensive with
respect to parking demand and traffic characteristics. Business attraction and retention
are important to the health of the City; therefore, staff is proposing to create this new
principal use to address market trends and more accurately classify and regulate it.
,Shoirroom Warehouses
Staff, in an effort to increase business opportunities for larger scale retailers and assist in
facilitating the leasing of some of the vacant commercial and industrial spaces within the
City, is suggesting amendments to the Land Development Regulations (LDR) involving
new definitions that separates uses that were formerly grouped under major headings
such as Merchandise, Neir and Warehousing Understanding that Showroom -type
establishments have different operational characteristics than department stores and home
improvement big box stores relative to the number of customers on the premises at any
given point in time and thus the amount of parking required, the proposed amendment
recommends the creation of a new principal use in the Use Matrix to recognize and
regulate the use differently. Warehouse, Shoirroom (limited product line) would be
defined as a showroom -type establishment in which the principal use consists of a
showroom for large, space intensive items such as furniture, major appliances, flooring,
mattresses, recreational vehicles or the like. These establishments generally have a single
product line, which differentiates them from department stores, electronics stores, home
improvement stores and warehouse clubs in that they do not sell a wide range and mix of
merchandise. Parking for this particular use would be one (1) parking space per each 500
square feet of gross floor area for the first 10,000 square feet and one (1) parking space
for each 1,000 square feet thereafter, rather than being grouped in with typical retail uses
at one (1) parking space for each 200 square feet, again based upon the lower volume of
customer traffic associated with the limited product line.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed code amendment. Overall, this
amendment encourages and promotes business /economic development, thereby
furthering the City's Economic Development initiatives.
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EXHIBIT "A"
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE 11. DEFINITIONS
SHOWROOM WA LE PRODUCLLINEJ - Showroom-type establishment in
which the princi use consists of a showroom for large household items such as furniture,
appliances, flooring, mattresses, recreational vehicles or the like. These establishments generally
sing , le product line which differentiates them from d
g ent stores, electronics stores, home
improvement stores and warehouse clubs in that they do not sell a wide ran(ye and mix of merchandise,
g
CHAPTER 3. ZONING
ARTICLE IV. USE REGULATIONS
Section 1. Operational Performance Standards.
Section 2. Hazardous / 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).
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USE REGULATIONS
Section 4. Conditional Uses...
Section 5. Non - conforming Uses...
Section 6. Penalties...
CHAPTER 4. SITE DEVELOPMENT STANDARDS.
ARTICLE L ENVIRONMENTAL PROTECTION STANDARDS...
ARTICLE IL LANDSCAPE DESIGN AND BUFFERING STANDARDS...
ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS...
ARTICLE IV. SIGN STANDARDS...
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 Care40°: ;- Use
This space intentionally left blank —see nextpage.
USE REGULATIONS
Commercial and Office & Health Care/ -° ° , Uses Standard Number of Required Parking
Spaces
Building area is based upon gross floor area (in square feet) unless specifically expressed other ivise.
Any Non - residential use (minimum): 4 or 1 per 200, whichever is greaten
Shopping center: 1 per 200
Office- Retail Complex: 1 per 200
Restaurant: 1 per 2.5 seats - no less than 1 per 100
Bar & Night Club: 1 per 2.5 seats - no less than 1 per 100
Gasoline Station: 1 per 250
Grocery Store: 1 per 200
Auto Car Wash (Polishing, Waxing, Detailing)
Automated (no employees): N/A
Full-,Service: 4 per tumre1
Auto Car Wash, Self- Seivice Bay: 2 per bay
Auto / motorcycle / truck, trailer, rec. vehicle sales / rental: 1 per 500
Automotive, Repair Major and Minor 1 per 250
Automotive, Repair (paint and body shops only): 1 per 300
Boat Dealer / Rental: 1 per 500
Coin - operated Laundry- or Dry- Cleaner: 1 per 250
Copying, Printing, or Sign Design: 1 per 300
Funeral Home: 1 per 200
Pet Care: 1 per 300
Bank and Financial Office: 1 per 250
Medical or Dental Office, Imaging / Testing: 1 per 200
Photography Studio: 1 per 300
Personal Care (Beauty, Hair, and Nails): 1 per 100
Furniture and Home Furnishings: 1 per 500
Hospital: 1 per 2.5 beds
Taxi, Limousine, and Charter Bus: 1 per 300
Nurse -, Garden, and Farm Supply: 1 per 2,000 of outdoor nurse n area
Travel Agency: 1 per 300
Showroom Warehouse (Single- Product Line) 1 x 500
Business / professional office not listed within this subsection: 1 per 300
Establishments not listed elsewhere within this subsection: 1 per 200
r 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 Indoor child play areas shall be excluded for this purpose if such areas are
designed /delineated separate from dining areas and if 20% or less than the gross floor
area of the restaurant. No additional parking spaces are required for outdoor seats
provided that the number of outdoor seats is 20% or less than the total number of indoor
seats. Additional parking spaces shall be required for outdoor seats in excess of this
threshold.
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USE REGULATIONS
3 The required queuing distance at pump islands shall be in accordance with
Chapter 4, Article VI, Section 3.1 Gasoline Station establishments that contain
"Automotive, Minor Repair" shall provide for additional parking spaces (see
"Automotive, Minor Repair").
4 Plus one (1) space per 75 square feet of detail, washing, and waxing areas.
Plus required parking spaces for outdoor storage or display of vehicles for sale
or for rent.
6 Plus one (1) space per 10,000 square feet of paved or unpaved outdoor area used
for the storage or display of boats for sale or for rent.
One (1) space per 250 square feet of gross floor area devoted to office, display of
merchandise, and waiting area. In addition, three (3) parking spaces are required for
each service bay. The space within a service bay may be counted towards satisfaction
of the required parking. However, in no case shall less than four (4) outside parking
spaces be provided.
X In addition, each overhead door and interior spray booth may be counted
towards satisfaction of the required parking, provided there is the minimum area (the
size of a standard parking space) between an overhead door and an interior spray booth.
However, in no case shall less than four (4) outside parking spaces be provided.
`' Plus required parking for any retail floor area.
10 One (1) space per 500 square feet for first 10,000 square feet, then one (1) space
per 1,000 square feet thereafter.
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