Agenda 04-26-16
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, April 26, 2016 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Approval of Minutes from March 22, 2016 meeting
5. Communications and Announcements: Report from Staff
6. New Business:
601 S. Federal Mixed Use
A.1. – Request for postponement of applications for land use,
rezoning, new site plan, height exception and community design appeals for proposed
three-story office building and 28 unit apartment building, located at 601 S. Federal
Highway. Applicant: Bradley Miller, Miller Land Planning, Inc. (partial notices to
surrounding property owners and signs posted on property prematurely).
Applications are proposed to be placed on the May Board agenda.
The Women’s Club (SPTE 16-001)
B.1. – Approve request for an 18-month Site Plan Time
Extension of a 4,581 square foot building addition to a 1,150 square foot office building
for the social service business, located at 912 SE 4th Street, within the C-2
(Neighborhood Commercial) zoning district. Applicant:Paula Winker, Studio Seven.
KLA Day Care (COUS 16-002 / MSPM 16-003)
C.1.– Approve Conditional Use and Major
Site Plan Modification request for the conversion of the former Pete Rose Ballpark
Café to an 8,327 square foot day care facility and related site improvements, located at
1601 N. Congress Avenue, within the C-3 (Community Commercial) zoning district.
Applicant: Bradley Miller, Miller Land Planning, Inc.
7. Other
8. Comments by members
9. Adjournment
The Board 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
Planning and Development Board Meeting Agenda Page 2
April 26, 2016
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.
(SGYQIRX
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
ON TUESDAY, MARCH 22, 2016, AT 6:30 P.M.
PRESENT:
David Katz, Chair Mike Rumpf, Planning & Zoning Director
Ryan Wheeler, Vice Chair James Cherof, City Attorney
Jewyl Stevens Kathleen Hatcher, Sr. Planner
Trevor Rosecrans Ed Breese, Principal Planner
Stephen Palermo Lisa Edmondson, Recording Clerk/
Kevin Fischer Prototype, Inc.
ABSENT:
Brian Miller
Floyd Zonenstein, Alternate
Chair Katz called the meeting to order at 6:30 p.m.
1. Pledge of Allegiance
The members recited the Pledge of Allegiance.
2. Roll Call
Roll was called and it was determined a quorum was present.
3. Agenda Approval
Chair Katz acknowledged the attendance of several members of the City Commission.
Upon motion duly made and seconded, the agenda was approved.
4. Approval of Minutes, February 23, 2016 meeting
Motion
made by Mr. Palermo, seconded by Mr. Fischer, to approve the minutes of the
February 23, 2016, meeting as corrected. In a voice vote, the motion passed
unanimously.
5. Communications and Announcements: Report from Staff
Mr. Rumph announced that the utility easement abandonment at 2731 SW 23
Meeting Minutes Planning and Development Board
Boynton Beach, Florida March 22, 2016
Cranbrook Drive was approved by the City Commission on March 1, 2016. Also, the
request for the Conditional Use Site Plan modification for a daycare facility was
approved by the City Commission at the March 16, 2016, meeting.
Vice Chair Wheeler recused himself from the items under New Business due to a
conflict of interest.
6. New Business
Chair Katz explained the nature of the proceedings. He announced that those wishing
to testify for or against any item were asked to raise their right hand and be sworn in.
Attorney Cherof performed the swearing in of the parties.
Chair Katz disclosed that he met with the applicant and the applicant’s advisor at his
office and also met with staff about the following matter.
Stor-All Luxury RV & Boat Storage (NWSP 15-002)
A.1. – Approve New Site
Plan request to construct outdoor self-storage for luxury recreational
vehicles and boats consisting of eleven (11) open-air structures with 201
storage bays totaling 92,139 square feet; one (1) one-story enclosed
storage building with five (5) bays totaling 2,756 square feet; an office
building consisting of 1,000 square feet; 15 uncovered storage spaces;
and related site improvements, located at 514 - 518 West Ocean Avenue
within the M-1 (Light Industrial) zoning district. Applicant: Bradley Miller,
Miller Land Planning, Inc.
Bradley Miller, Miller Land Planning Consultants, appeared on behalf of the applicant.
He gave a PowerPoint presentation which addressed the location of the site, history,
surrounding properties, size of site, nature of stored items, nearby zoning map, use
regulations, site plan, property access, management, retail components, gate and
entrance restrictions, wash-down area, storage bays and garage areas, drainage,
landscaping, storage restrictions, hours of operation, architecture, and elevations.
Regarding the variance and design appeal, Mr. Miller stated they pertain to the site
perimeter. The variance is from a setback for the sides of the property where the
buildings are adjacent to the sides – they are requesting a reduction from 15 feet to 5
feet in order to accommodate maneuvering the vehicles. They plan hedges and trees
along the wall to break up the monotony and provide screening. Other items Mr. Miller
addressed were structure lighting and traffic issues via West Ocean Drive and West
Ocean Avenue. He said they were in agreement with all staff conditions.
Chair Katz then opened the floor for comments on this item.
Meeting Minutes Planning and Development Board
Boynton Beach, Florida March 22, 2016
Jeff Morgan, 745 SW 1 Court, thought it was agreed that any project on the site would
use the south entrance. He expressed opposition to the large vehicles passing by
homes and the nearby park.
Wendy Franklin, 120 NW 6 Street, concurred with Mr. Morgan regarding use of the
south entrance. She spoke in opposition to the project, citing land-locked property
behind the site, noise from the wash-out being in the front, and development near
homes and children in the area. She asked if there would be a sewage dump.
Jonah Tennant, 653 SW 4 Avenue, spoke in opposition to the project, echoing
comments of the previous speakers, particularly with respect to the safety of children.
Carol Mahoney, 737 SW 1 Avenue, opposed the project, citing the blocked breezes and
projected railroad noise from the wall, increased traffic, and safety of the children. She
questioned how the project would benefit the neighborhood and the City.
Doug Schnell, 655 SW 1 Avenue, spoke in opposition to the project, citing reflected
noise from the wall, hours of operation, disabled children in neighborhood, traffic issues
with the school bus stop and park, and said the access point should be by the former
Expo Center.
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Steven Grant, 136 NE 3 Avenue, asked if an environmental study had been done. He
opposed the project, expressing concern about drainage and oil pollution; possibility of
owners changing the use of the property and lack of a covenant; a boat and a car not
being able to fit on the street at the same time; home depreciation; and the entrance
being in the wrong place. He also opposed the variance request because it would be to
the detriment of the people. Mr. Grant asked if the homes across from the American
Legion Hall are at least 30 feet away.
Chair Katz then closed the floor for comments on this item, noting that this Board’s
purpose is to vote on the site plan, not the emotional issues.
Mr. Bradley Miller asked for the name of a contact person in the neighborhood.
Mr. Bradley Miller then addressed the issues raised in the public comments:
Access to the south
Property is owned by the DOT, and there is also a piece privately owned
o
(Winchester family)
Both would have to be involved to use the southern area
o
In order to have a crossing there, DOT requires that they close off access
o
to Ocean Avenue
No success communicating with the Winchester family
o
Residential road concerns
Will be minimal traffic flow – much less than prior project proposal
o
Sewage dump
Meeting Minutes Planning and Development Board
Boynton Beach, Florida March 22, 2016
Will be a location convenient for RVs, will go directly into City sewer
o
system
Wall
Wall satisfies a Code requirement
o
Open to altering the design
o
Will be in the perimeter five feet of the property
o
Use
Would be willing to enter into a covenant restricting use
o
Environmental Study - a Phase I was done
Drainage
Plan incorporates an ex-filtration system with area on south side of
o
property as outfall location
Distance from homes
CSX railroad is 82-foot minimum from the homes; project is probably 100
o
feet from homes
Discussion ensued on the following items: sustainability of the development; storm
water (gasoline and oil spills); access to the next property to the south; effect of lighting
on neighborhood; hours of operation; fire hydrants; wall height; landscaping and
screening; photo/diagram of how the vehicles look inside their spaces; maneuvering of
boats and RVs, turning radius studies in the neighborhood; example of similar storage
facility; change location of dump station; traffic study during peak hours; adjustment of
early access; lowering the height of lighting; no repairs on premises; better
elevation/drawing of parking structures needed for City Commission meeting; wall
withstanding train vibrations; consideration of gravel rather than over-paving for
pervious ground; prevention of leaching of dump station during flooding; oil drips
controlled by pavement; and landscape irrigation (via well).
Motion
made by Mr. Fischer, seconded by Mr. Palermo, to approve Item A.1, Stor-All
Luxury RV & Boat Storage (NWSP 15-002), with three conditions:
1. Enter into a covenant restricting the use to luxury boats and RVs;
2. Not allow repairs on the site; and
3. Re-evaluation of the pervious surface, to evaluate the potential to reduce the
impervious surface on the site.
In a roll call vote, the motion passed (4-1) with Mr. Rosecrans dissenting.
Stor-All Luxury RV & Boat Storage (ZNCV 15-002)
A.2. – Approve Variance
request for relief from the Land Development Regulations (LDR), Chapter
3, Article III. Section 6.A.3., Industrial M-1 Building/Site Regulations,
requiring a minimum side corner setback of 15 feet, to allow a side corner
setback of 5 feet, for a variance of 10 feet, for proposed RV and Boat
Storage, located at 514 - 518 West Ocean Avenue within the M-1 (Light
Industrial) zoning district. Applicant: Bradley Miller, Miller Land Planning,
Inc.
Meeting Minutes Planning and Development Board
Boynton Beach, Florida March 22, 2016
Chair Katz opened the floor for comments on this item.
Steven Grant, 136 NE 3 Avenue, wondered how many bays the site could have without
the variance, at 10 feet and at 15 feet.
Mr. Bradley Miller responded that the number of bays would likely stay the same, but
they would be reduced to a shorter length.
Chair Katz closed the floor for comments on this item.
Chair Katz asked staff if they felt the hardship had been met. Mr. Rumpf stated that
staff gave most weight on the project to the amount of land that has been depleted from
the property by taking rights-of-way. They did review it against traditional criteria
hardship and, based on the characteristic of the site (not caused by the applicant), staff
supported the variance.
Motion
made by Mr. Palermo, seconded by Mr. Rosecrans, to approve Item A.2, Stor-
All Luxury RV & Boat Storage (ZNCV 15-002). In a roll call vote, the motion passed
unanimously (5-0).
Stor-All Luxury RV & Boat Storage (CDPA 16-001)
A.3. – Approve request
for Community Design Appeal from the Land Development Regulations
(LDR), Chapter 4, Article III, Section 10.A.3. Monotony Restrictions,
requiring enhanced perimeter walls designed with offsets and other
elements to avoid an expansive monotonous appearance, located at 514
- 518 West Ocean Avenue within the M-1 (Light Industrial) zoning district.
Applicant: Bradley Miller, Miller Land Planning, Inc.
Chair Katz then opened and closed the floor for comments on this item, as there was no
one wishing to speak.
In response to a question, Ms. Hatcher advised that some Live Oaks are proposed
behind the office, but the remaining 95 or so trees would be Green Buttonwood trees.
The applicant said they could consider changing the tree line.
Motion
made by Mr. Palermo, seconded by Mr. Fischer, to approve Item A.3, Stor-All
Luxury RV & Boat Storage (CDPA 16-001). In a roll call vote, the motion passed
unanimously (5-0).
7. Other
- none
8. Comments by members
- none
9. Adjournment
Upon motion duly made and seconded, the meeting was adjourned at 7:44 p.m.
Meeting Minutes Planning and Development Board
Boynton Beach, Florida March 22, 2016
[Minutes prepared by J. Rubin, Prototype, Inc.]
NEW BUSINESS
6.A.1
601 S. Federal Mixed Use
(land use, rezone, new site plan, height
exception, community design appeal)
POSTPONED
NEW BUSINESS
6.B.1
The Women’s Circle, Inc.
(SPTE 16-001)
Site Plan Time Extension
Page 2
Memorandum No. PZ 16-013
SPTE 16-001
BACKGROUND
The Women’s Circle, a not-for-profit social service agency established in the year 2000 has been
th
located at 912 SE 4 Street for the last seven (7) yearsThe Women’s Circle assists low-income
.
women of all cultures, faiths, and circumstances in their pursuit of educational, employment,
spiritual, and personal goals. According to their website, the mission of this outreach group is to
help empower low-income women to realize their full potential to become all they can be, and to
gain financial stability by providing assistance with education and career development.
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Subsequent to moving in 2009 to their current location at 912 SE 4 Street, they purchased the
adjacent lots to the north and south for expansion purposes, increasing the lot size from 7,375
square feet (0.17 acre) to 18,914 square feet (0.43-acre). On September 3, 2014 the City
Commission granted approvals to The Women’s Circle for the following: Rezoning (REZN 14-003)
from C-3 (Community Commercial) to C-2 (Neighborhood Commercial) and Major Site Plan
Modification (MSPM 14-003). Proposed is a 4,581 square foot building addition to the current 1,150
square foot office for a total building size of 5,731 square feet. Other site improvements include a
15-space on-site parking lot (including one (1) handicap accessible space), site lighting,
landscaping and irrigation, and public art (see Exhibit “B” - Site Plan).
The site plan approval is valid for 18 months (from September 3, 2014 to March 3, 2016), in which
time the developer is required to secure the project’s building permit for vertical construction. To
date, building permits for demolition, site work (parking lot, lighting, landscaping), and accessory
permits such as fencing, awning, and paver patio have been issued.
ANALYSIS
According to Chapter 2, Article II, 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 Planning & Zoning Division
received the extension request on February 8, 2016, almost one (1) month prior to the expiration of
the site plan. Per Chapter 2, Article II, 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 permits for demolition of structures to the north
thth
(910 SE 4 Street) and south (918 SE 4 Street) of the existing office and construction of the
parking lot and landscaping on the lot to the south; worked with the architect for phasing and cost
estimation of construction drawings; and acquired financial commitments (see Exhibit “C” –
Applicant’s Justification Statement).
In addition to accomplishments to date, time extension reviews also consider compliance with
concurrency requirements. The subject property is located within the Transportation Concurrency
Exception Area (TCEA) of Palm Beach County. 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 2020. As such, an updated traffic concurrency approval letter from Palm Beach County
will not be required.
Page 3
Memorandum No. PZ 16-013
SPTE 16-001
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 the 18-month
site plan period, and prior to submittal of this request.
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 (MSPM 14-003) for The Women’s Circle project, subject to
the conditions contained in Exhibit “D” – Conditions of Approval. If the request for an extension is
approved, the expiration date would be extended to September 3, 2017, and all conditions from the
original approval must still be satisfactorily addressed during the building permit process.
S:\Planning\SHARED\WP\PROJECTS\Womens Circle\SPTE 16-001\Staff Report.doc
®
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EXHIBIT A - LOCATION MAP
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EXHIBIT "D"
Conditions of Approval
Project name: The Women’s Circle
File number: SPTE 16-001
Reference:
INCLUDEREJECT
DEPARTMENTS
ENGINEERINGPUBLIC 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\Womens Circle\SPTE 16-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Women’s Circle (SPTE 16-001)
AGENT: Paula Winker, Studio Seven
AGENT’S ADDRESS: 6007 Le Lac Road, Boca Raton, FL 33496
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2016
APPROVAL SOUGHT: Site Plan Time Extension for 18 months to expand an existing social service
agency consisting of a one-story addition of 4,581 square feet and related site
th
improvements, located at 910-918 SE 4 Street.
th
LOCATION OF PROPERTY: 912 SE 4 Street
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\Women's Circle\SPTE 16-001\DO.doc
NEW BUSINESS
6.C.1
KLA Day Care
(COUS 16-002 / MSPM 16-003)
Conditional Use /
Major Site Plan Modification
KLA Day Care Staff Report
COUS 16-002 / MSPM 16-003
Page 2
East: Right-of-way for Congress Avenue, and farther east developed
mixed use property (Renaissance Commons), with a Development
of Regional Impact (DRI) future land use classification, and zoned
Suburban Mixed Use (SMU); and
West: Developed residential property (Savannah Lakes) with a High
Density Residential (HDR) future land use classification, and
zoned Planned Unit Development (PUD).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject project were mailed a notice of this request
and its respective hearing dates. The applicant has certified that signage is posted and notices
mailed in accordance with Ordinance No. 04-007.
BACKGROUND/ PROPOSAL
Bradley Miller, representing OpRock Boynton Fee LLC, is seeking Conditional Use / Major Site
Plan Modification approval for the conversion of the former Pete Rose Ballpark Café to a 8,327
square foot day care facility with up to 165 children. The project consists of primarily interior
renovations, with slight modifications to the parking lot and landscaping, and new buffer wall
and outdoor play area with play apparatus (see Exhibit “B”). As described in the Use Matrix of
the Land Development Regulations (LDR), the day care use is a “Conditional Use” within the C-
3 (Community Commercial) zoning district, and therefore requires Conditional Use approval, as
well as Major Site Plan Modification approval for the exterior improvements.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning
and Zoning Division’s evaluation of the application as it pertains to each of the standards. In
addition, the applicant has submitted a separate detailed justification statement that addresses
each of these standards (see Exhibit “C” – Justification Statement).
The Planning & Development Board and City Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of
approval including, but not limited to, the dedication of property for streets, alleys, recreation
space and sidewalks, as shall be determined necessary for the protection of the surrounding
area and the citizens’ general welfare, or deny conditional uses when not in harmony with the
intent and purpose of this section. In evaluating an application for conditional use approval, the
Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
KLA Day Care Staff Report
COUS 16-002 / MSPM 16-003
Page 3
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.
There are no proposed changes to the existing ingress and egress for the site, which
currently provides three (3) primary points of ingress/egress to the proposed day care. The
first, is an existing right-in/right-out driveway opening from Savannah Lakes Drive,
immediately south of the proposed day care, which is currently utilized to access the hotel
and restaurant property from Congress Avenue. The second and third points of
ingress/egress are existing inter-parcel access points to the north of the proposed building
through Catalina Centre, connecting with Catalina Drive and a fully signalized intersection
with Congress Avenue. The day care site shares a cross access and cross parking
agreement with the Catalina Centre immediately abutting it to the north. The applicant
proposes an elevated pavement section (speed table) immediately in front of the day care
building entrance, designed to calm traffic within the parking lot and provide an enhanced
ADA path from the parking lot. A new sidewalk is being provided on the north side of the
building, to provide safe travel for parents and their children from the northerly parking area.
2. Off-street parking and loading areas where required, with particular attention to the items in
standard #1 above, and the economic, glare, noise, and odor effects the conditional use will
have on adjacent and nearby properties, and the city as a whole.
The minimum parking required for daycare uses is calculated at one (1) parking space per
300 square feet of gross floor area. Required parking is calculated to be 28 spaces total,
based on the 8,327 square foot of building occupied by the daycare operation. The site plan
depicts 18 parking spaces in front of the building, and another 10 spaces immediately north
of the building for parent parking, with another 8 parking spaces denoted for staff. However,
there is considerably more parking spaces to both the east and north, and the day care,
hotel and shopping center share a cross-access/cross parking agreement which avails the
day care of additional parking beyond the 28 spaces noted above. The shared parking
analysis prepared by Simmons & White Engineering indicates that the parking demand
associated with the addition of the proposed day care to the property would leave the center
with 103 more parking spaces than required and when the code-required 10% buffer is
calculated (to ensure excess parking exists for any unforeseen situations), there would still
be three (3) parking spaces more than required. The proposed addition of the day care use
to the site should not adversely impact current on-site traffic flow/patterns as child pick-up
and drop-off will be sporadic through the morning and afternoon hours, as opposed to a
school which has set start and ending times. The operator envisions hours of operation
beginning at 7 AM and closing at 6 PM Monday through Friday, which will not adversely
impact peak morning hours of operation of the hotel, restaurant, and shopping center, as the
restaurant and shops are not open that early. Evening child pick-up again will be at sporadic
times and should not adversely conflict with the shopping center operations any more than
the previous restaurant operation at Pete Rose’s would have. Per Health Department
requirements, parents are required to park and walk their child into the facility and sign them
in and out, so there is no stacking of vehicles associated with a pick-up or drop-off line that
typically occurs at public/private grade schools. Additionally, the applicant is removing the
drop-off lane in front of the building to ensure there is no vehicle stopping or stacking at the
front door. The existing off-street parking should not generate any more noise or glare than
the remainder of the site. Lastly, the outdoor play area at the rear of the building will be
surrounded by a six (6) foot tall wall with landscape material on both sides to help reduce
any noise impacts on the nearest residential structures, located over 300 feet away.
KLA Day Care Staff Report
COUS 16-002 / MSPM 16-003
Page 4
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
The applicant intends to share the existing dumpster with the hotel and has submitted
require documentation from the hotel owner authorizing the day care’s use of this dumpster.
Trash would be removed on a standard schedule and solid waste is not anticipated to
increase significantly as a result of this application. However, should the waste flow create
an issue, the waste pick-up frequency will be increased to accommodate it or an additional
dumpster placed through a Minor Site Plan Modification.
4. Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves the site, and utilities would
continue to be available and provided, consistent with Comprehensive Plan policies and City
regulations. No additional impacts are anticipated with this application.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The property and shopping center have existing landscaping on the east adjacent to
Congress Avenue and to the west abutting the lake that is part of the Savannah Lakes
development. The Landscape Plan (Sheet LP-1) depicts the addition of landscape plantings
surrounding the building and along the west side of the property where the outdoor play
area and six (6) foot wall is to be installed, to fill in any gaps and further enhance the
existing material. There is also a note on the plans indicating that the existing plant material
and irrigation will be inspected by the City to ensure compliance with the previously
approved landscape plan, and that the irrigation system is fully functional. Typical landscape
material utilized in the design include Live Oak, East Palatka Holly and Gumbo Limbo trees,
Christmas palms, Cocoplum, Dwarf Red Ixora, Small Leaf Clusia, Podcarpus, Hibiscus and
Firebush shrubs, as well as African Iris, Dwarf Schillings and Asiatic Jasmine groundcovers.
There are also existing Live Oak, Gumbo Limbo and Simpson Stopper trees that will be
relocated to accommodate the final site design.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties.
As this is an existing/developed site, no additional lighting is proposed. Relative to signage
for the project, the applicant has provided some preliminary images of a white channel letter
with black outline wall sign with logo above the building entrance on the east side of the
building. This sign has not been fully designed at this point, therefore staff recommends
conditions of approval that requires staff review and approval of sign design for consistency
with the character of existing signage in the immediate vicinity, prior to permitting (see
Exhibit “D” – Conditions of Approval). Additionally, a sign panel for the day care will be
added to the existing Catalina Centre directory sign at the entrance to the shopping center
from Congress Avenue.
7. Required setbacks and other open spaces.
The existing building is proposed to meet or exceed the minimum setback requirements of
the C-3 zoning district. Minimum setbacks are: front (east) required 20’ – nearly 300; rear
(west) required 20’ – provided 49.8’; side corner (north) required 20’ – provided 25’; and side
(south, abutting the hotel) required 0’ – provided 0’. The closest residential structure is over
300 feet to the west, across the lake, with two (2) layers of landscaping and a buffer wall on
KLA Day Care Staff Report
COUS 16-002 / MSPM 16-003
Page 5
the day care site and two (2) layers of intervening landscaping on the Savannah Lakes site.
The Site Plan (Sheet SP-1) depicts the provision of 5,868 square feet of play area
associated with the day care use.
8. General compatibility with adjacent properties, and other property in the zoning district.
The day care use is generally compatible with the remainder of the commercial uses on the
site and with the adjacent residential property, with the building’s large setback from the
residential property and appropriate buffering furthering the compatibility. The building would
retain the outward appearance, with the same colors, with only the removal of one of the
exterior doors and elimination of the “Pete Rose” insignia on the canopy above the building
entrance.
9. Height of building and structures, with reference to compatibility and harmony with adjacent
and nearby properties, and the city as a whole.
The day care is locating in an existing structure, with an accent tower feature at 36 feet in
height, which is compatible with the structures on the same and adjacent properties, and
under the maximum allowable height of 45’ in the C-3 zoning district.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The overall economic effects of the proposed use on adjacent and nearby properties, and
the City as a whole, will be negligible, other than the occupancy of a long empty structure,
permit fees and certificate of use fees.
11. Conformance to the standards and requirements, which apply to site plans, as set forth in
Part III, Chapter 4. Site Plan Review, of the City’s Land Development Regulations.
Relative to concurrency requirements, a traffic statement for the proposed project was sent
to the Palm Beach County Traffic Division for concurrency review in order to ensure an
adequate level of service. A traffic concurrency approval letter has not been received by the
preparation of this staff report. Therefore, a condition of approval requires the submittal of a
letter from Palm Beach County indicating that the project meets the standards prior to
submittal of any permit applications. The traffic analysis prepared by Simmons & White
Engineering states that 51 AM peak hour trips and 52 PM peak hour trips would be
generated as a result of this project and that no permits are to be issued after the build-out
date of 2019. School concurrency is not required for this type of project. As for the City’s
water and sewer concurrency review, 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. Solid
Waste disposal capacity has been evidenced through the issuance of a certificate of
availability by Palm Beach County Solid Waste Authority. Staff reviewed the site plan and
determined that current staffing levels would be sufficient to meet the expected demand for
services. 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 associated with the raised
speed table and removal of the drop off lane be deferred until time of permit review. With
incorporation of staff comments noted within Exhibit “D” – Conditions of Approval, the
proposed project would comply with the requirements of applicable sections of city code and
Land Development Regulations.
KLA Day Care Staff Report
COUS 16-002 / MSPM 16-003
Page 6
12. Compliance with, and abatement of nuisances and hazards in accordance with, the
performance standards of Chapter 2, Section 4.N. of the City’s Land Development
Regulations and conformance to the City of Boynton Beach Noise Control Ordinance.
This section of the regulations is intended to ensure land use compatibility through the
review of conditional uses for potential external impacts including noise; vibrations;
particulate matter; odor; toxic matter; fire and explosions; heat, humidity and glare; waste;
and electromagnetic interference. The proposed project would not create smoke, odors,
fumes, vibration, or toxic matter that would negatively impact the neighboring properties. As
noted above, with the distance to residential units, and the buffer wall and intervening
landscaping, noise associated with operation should not be an issue. With incorporation of
all conditions and staff recommendations contained herein, the proposed use would exist in
a manner that is in compliance with the above-referenced codes and ordinances of the City
of Boynton Beach.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and
conditional use standards, staff recommends APPROVAL of this request for conditional use and
major site plan modification, subject to satisfying all conditions of approval recommended by
staff as contained in Exhibit “D” – Conditions of Approval. Any additional conditions of approval
recommended by the Board and required by the City Commission will be placed in Exhibit “D”
accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.C Conditional Uses, a
time limit is to be set within which the proposed business shall begin operations. Staff
recommends that a period of 18 months be allowed to receive the necessary approvals.
S:\Planning\SHARED\WP\PROJECTS\KLA Day Care\COUS 16-002/MSPM 16-003\Staff Report.doc
SITE
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Exhibit “D”
Conditions of Approval
Project Name: KLA Day Care
File number: COUS 16-002 / MSPM 16-003
nd
Reference: 2review plans identified as a New Site Plan with an April 1, 2016 Planning and
Zoning Department date stamp marking.
INCLUDEREJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Please provide a copy of the notice of concurrency to the Traffic
Performance Standards of Palm Beach County prior to submittal for
any permits (NOTE: If notice of concurrency is a condition of DART
approval applicant will be required to comply with any
recommendations outlined in concurrency approval deemed
necessary by the City and will be at the City’s sole discretion).
2. At time of permit submittal, please provide a plan for any staging
and construction storage proposed within the parking lot, including
location of construction entrance and trailer(s).
3. Please provide a Maintenance of Traffic (MOT) plan at time of
permit on how traffic circulation will be maintained while work is
being done in drive aisles.
4. At time of permit submittal, please provide cross section through
drive aisle at the building entrance depicting ADA accessibility
associated with new speed table and handicap striped parking aisle,
as well as ensuring proper drainage flow within the parking lot.
5. At time of permit submittal, please review the need for any yard
drains within the new outdoor play areas.
FIRE
Comments: None
POLICE
Comments: None, all comments addressed at DART meeting.
BUILDING DIVISION
Comments:
KLA Day Care (COUS 16-002/MSPM 16-003)
Conditions of Approval
Page 2 of 2
DEPARTMENTSINCLUDEREJECT
6. 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.
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
7. It is the applicant’s responsibility to ensure that the application
requests are publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004 and an affidavit provided to the City
Clerk.
8. At time of permit submittal, please revise the site plan, landscape
plan and all other appropriate plans to depict location of required
public art. It is recommended you coordinate this effort with Debby
Coles-Dobay, Public Arts Administrator (561-742-6026) prior to the
DART meeting.
9. Please provide wall signage details, including square footage
calculations and colors, including logo, for staff approval prior to
permit submittal.
COMMUNITY REDEVELOPMENT AGENCY
Comments: N/A
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\KLADay Care\COUS 16-002/MSPM 16-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: KLA Day Care (COUS 16-002/MSPM 16-003)
APPLICANT: Bradley Miller, Miller Land Planning
APPLICANT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2016
APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan
Modification approval for the conversion of the former Pete Rose Ballpark
Café to an 8,327 square foot day care facility and related site improvements,
located in the C-3 (Community Commercial) zoning district.
LOCATION OF PROPERTY: 1601 N. Congress Avenue
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ 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\KLA Day Care\COUS 16-002/MSPM 16-003\DO.doc