The URL can be used to link to this page

13-025 it ORDINANCE NO. 13 -025 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3, ARTICLE IV, USE REGULATIONS, SECTION 3D AND ARTICLE V, MINIMUM OFF - STREET PARKING REQUIREMENTS TO MODIFY THE RESTRICTIONS ASSOCIATED WITH BEVERAGE AND FOOD MANUFACTURING ESTABLISHMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff is proposing amendments to the Land Development Regulations (LDR) to beverage and food manufacturing, particularly tasting rooms, which will promote economic development and make Boynton Beach more competitive in the microbrewery marketplace; and WHEREAS, staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments by allowing the maximum size to be larger where located in M -1 districts, imposing a more stringent off - street parking requirement on those establishments in which tasting rooms exceed 20% of the gross floor area and by restricting live entertainment to non - amplified sound for these types of establishments in the M -1 district; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to modify the restrictions associated with beverage and food manufacturing establishments. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: \\Apps3 City Cbb\Auto\ Data \185 \Items \177\2572\3410 \Ordinance - _Tastmg_Rooms(CH 3_Art IV_Sec_3D9) Doc - 1 - Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 3, Article IV, Use Regulations, Sections 3D of the Land Development Regulations, are hereby amended by adding the words and figures in underlined type, as follows: ARTICLE I OVERVIEW... ARTICLE II GENERAL PROVISIONS... ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES... ARTICLE IV USE REGULATIONS Section 1. Operational Performance Standards... Section 2. Hardous/Toxic Waste and Substances... Section 3. Use Regulations. A. General... B. General Rules of Use Matrix... C. Use Matrix Legend... D. Use Matrix (Table 3 -28). 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V. Section 2.E for additional regulations pertaining to off - street parking requirements for tasting rooms. b. C -4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room or and retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. See subparagraph "d" below for additional provisions \\Apps3 City Cbb\Auto\Data \185\Items \177\2572 \3410 \Ordinance -_ Tasting _Rooms_(CH_3_Art_IV_Sec_3D9) Doc -2- pertaining to Beverage Manufacturing establishments. objectionable or offensive odors or fumes in such concentration as to be readily perceptible c. b M - 1 district. (1) An accessory commercial component (i.e., tasting room or and retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. retail showroom, and /or facility tours shall not be and Saturday s. w he as follows: {a) For establishments under 10.000 o -' -^ � 111 feet. (b) For establishments greater 10,000 square feet. Not to exceed 1-80 square feet. (2) No drive -up, drive - through, or drive -in facilities shall be allowed. (3) See subparagraph "d' below for additional provisions pertaining to Beverage Manufacturing establishments. The establishment is ineligible for a live entertainment permit. d. Beverage Manufacturing. (I) A tasting room. retail showroom. and /or facility tours shall not be open to the public after 10 p.m.. except Fridays and Saturdays, whereby it ma) remain open until 11 p.m. \\Apps3 City Cbb\Auto\ Data \185\Items\ 177\ 2572\ 3410\ Ordinance_ -_ Tasting _Rooms(CH_3_Art _IV_Sec_3D9) Doc - 3 - (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. ti (3) No permanent food preparation is allowed on premises. Section 3. Chapter 3, Article V, Minimum Off - Street Parking Requirements of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Part III (LDR), Chapter 3, Article V, Section 2E. ARTICLE V. MINIMUM OFF - STREET PARKING REQUIREMENTS Section 1. General... Section 2. Standards. A. General... B. Table 4 -17. Residential and Lodging Uses... C. Table 4 -18. Commercial and Office & Health Care Uses... D. Table 4 -19. Arts, Entertainment, and Recreational Uses... E. Table 4 -20 Industrial Uses. Standard Number of Required Parking Industrial Uses Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any Non - residential use (minimum): 4 or 1 per 200, whichever is greater' Beverage and/or Food Manufacturing 1 per 500 Dry Cleaning Plants: 1 per 500 Publishing and Commercial Printing. 1 per 500 Packing & Shipping, Trucking, and Moving: 1 per 800 Research & Development, Scientific / Technological: 1 per 300 Warehouse, Wholesale, Distribution Multi - tenant building, Multi -use 1 per 500 Single- tenant building, Single -use 1 per 800 Warehouse, Dead - Storage 1 per 1,000 Warehouse, Internet Sales 1 per 700 _ Storage, Self- Service (Limited and Multi- access). 1 per 75 bays Manufacturing and industrial uses not listed elsewhere: 1 per 500 \ \Apps3 City Cbb\Auto\ Data\ 185\ Items\ 177\ 2572\ 3410 \Ordinance_- _Tasting_Rooms_(CH_3 Art_IV_Sec 3D9) Doc -4- H 1 Non - residential: For the non - residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor 1 area. Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross floor area of the establishment. However. in no case shall the size of a tasting room equal or be greater than 50% of the gross floor area. Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed 20% of a single - tenant building or 20% of each bay within multi - tenant buildings. Additional parking shall be required at a ratio of one (1) space per 300 square feet for any accessory office floor area that exceeds 20% of the building / bay(s). Plus one (1) space per 500 square feet of area devoted to showroom/auction room. ' Plus one (1) space per 400 square feet of office space plus two (2) security spaces, if applicable. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this 17 day of September, 2013. \\Apps3 City Cbb\Auto\ Data\ 185\ Items \177\2572\ 341O\Ordinance-Tasting _ Rooms(CH_3_Art_IV Sec_3D9) Doc - 5 - 4,G SECOND, FINAL READING AND PASSAGE this ` day of OCT, , 2013. CITY OF BOYNTON BEACH, FLORIDA ,'"_L-4„44- � - , ,- L Ma br — Jerry ay or /(. i Vice Mayor — Woodrow L. Hay o iss ner — Davi rker 1 Alt F i Commissioner — Micha-, Fitzpatrick I Col missioner — Joe Casello ATTEST: /I ! Rt-Cklitt:do OWt M. Prainito, MMC ity Clerk • e Seal) A r 7 7 '40 N t \\Apps3 City Cbb\Auto\Data\ 185 \Items \177\2572'3410 \Ordinance - _Tastmg_Rooms(CH_3_Art IV_Sec_3D9) Doc -6-