Agenda 08-23-16
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, August 23, 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 July 26, 2016 meeting
5. Communications and Announcements: Report from Staff
6. Old Business:
7. New Business:
Surprise Motors – Pioneer Auto Care (COUS 16-004)
A.1. – Approve request for
Conditional Use for automotive sales accessory to an automotive repair facility in the
M-1 (Light Industrial) zoning district, located at 401 N. Railroad Avenue. Applicant:
Michel Beaubrun, Beaubrun Investment, LLC.
Futures Automotive (COUS 16-005)
B.1. – Approve request forConditional Use for
automotive sales in the PID (Planned Industrial Development) zoning district, located at
121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM LLC.
8. Other
9. Comments by members
10. 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
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, JULY 26, 2016, AT 6:30 P.M.
PRESENT:
David Katz, Chair Mike Rumpf, Planning & Zoning Director
Ryan Wheeler, Vice Chair Ed Breese, Principal Planner
Kevin Fischer Hannah Matras, Senior Planner
Trevor Rosecrans David Tolces, City Attorney
Nicholas Skarecki
Floyd Zonenstein, Alternate
ABSENT:
Brian Miller
Stephen Palermo
Chair Katz called the meeting to order at 6:30 p.m.
1. Pledge of Allegiance
The members recited the Pledge of Allegiance, led by Vice Chair Ryan Wheeler.
2. Roll Call
Roll was called and it was determined a quorum was present.
3. Agenda Approval
Chair Katz asked to move up Item 9 to right after Item 5.
Motion
made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the agenda
as amended. The motion passed unanimously (6-0).
4. Approval of Minutes, April 26, 2016 meeting
Chair Katz commented that verbatim minutes are not needed, but if a Board member
asks a cogent question, he would like to see it in the minutes, who asked the question
along with the answer, rather than “discussion ensued.”
Motion
made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the
minutes of the May 24, 2016. In a voice vote, the motion passed unanimously (6-0).
Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
5. Communications and Announcements: Report from Staff
Mr. Rumpf, Planning and Zoning Director, said the following items from the July 5 City
Commission agenda were approved:
All text amendment items involving used merchandise, sale and repair of motor
vehicles and boats, the silos and storage containers, sustainable parking items.
All items Title 601 S. Federal Highway, which is a mixed-use project combining
an office building and a residential building. Each item included land use and
rezoning items, Community Design plan appeal, site plan, and height exception.
Chair Katz asked about the decision to let True Treasures come into the space that was
Home Depot or the grocery store, but now that they have withdrawn, if it would open up
doors to other questionable parts of the city, like consignment shops. Mr. Rumpf stated
he did not think so as he had this in mind when he made his recommendations.
6. Comments by Members – Discussion by Board of proposed training
session from American Planning Association
Chair Katz reported that he, Vice Chair Wheeler, and Mr. Fischer had gone to a training
session put on by American Planning Association. The following items were discussed:
Whether giving notice of 400 feet for public notice is governed by City ordinances
or by State Statute. Although it’s a local ordinance, Mr. Rumpf said it could be
determined by a sliding scale based on relevant information such as noise
ordinances. Mr. Rosecrans said increased traffic counts could also be a trigger.
The sign code was rewritten as part of the Land Development Regulations (LDR)
in 2010.
Some boards in this county get their backups sooner than this Board. A request
was made to get the packets sooner. Citing presentation made by Sue
Trevarthen, land planner and attorney from Broward County, an overview of the
Board as a quasi-judicial body was discussed with Mr. Tolces.
Another part of Ms. Trevarthen’s presentation concerned a board avoiding being
arbitrary or discriminatory in making decisions. Mr. Tolces and Mr. Rumpf
confirmed this position, stating the LDRs provide objective standards, most of
them measurable.
An overview of ex parte communications cited Resolution 95.99. Various
examples were reviewed, stressing transparency and compliance with the
Sunshine law concerning public records
7. Old Business
Chair Katz stated there was no old business.
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Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
8. New Business
211 E. Ocean Avenue (MSPM 16-005)
A.1. – Approve request for Major Site
Plan Modification approval to add 1,266 square feet to an existing 1,500 square
foot building for the conversion of the structure to a restaurant use, and related
site improvements, located in the R3 (Multi-Family Residential) zoning district,
within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co.
James Williams, A&W Architects, gave a brief slide presentation, including the following
points:
The historic Magnuson House is intended to be a casual neighborhood
restaurant, with outdoor seating.
The CRA provided Historical Society’s 1920s photographs so the front
o
porch, which is not there now, could be duplicated.
Applicant proposes a trellised area for an indoor/outdoor beer garden.
o
The 750 sq. ft. on each floor of the main house will be retained. There will
o
be an addition to the rear of approximately 1,300 sq. ft., as well as the
covered porch in front and back.
The site will be kept as lushly landscaped as possible.
o
With the roof plan, the air conditioning equipment, as well at the kitchen
o
exhaust hood, are hidden from view behind the structure and behind the 4
to 5 foot high mansard roof.
A stair will be added on the west side to access storage and office functions for
management, allowing for no public access. The existing inside stairs will be
coming outside to make room for seating, which has been approved by the
Historic Board.
Working from the historic pallet of colors, the color scheme for roof, wood trim,
and walls were chosen.
Regarding parking, Mr. Williams explained the agreement with the CRA for the parking
lot in the next block, as well as the parking lot at the City Park several blocks away, both
in addition to on-street parking. Transit and transit-oriented developments are needed
for this to be considered a CRA urban-style site.
The Engineers have determined that 1) the existing fire hydrant located 200 feet from
the front of the property, and 2) the existing water main are both sufficient. Eventually
the water will be upgraded (five-ten years), but the Engineers have assured that the
only concession on the plumbing is that they can’t use flush valve toilets.
Vice Chair Wheeler asked if Mr. Williams and his client are okay with the conditions of
approval set forth at the last meeting. Mr. Williams admitted that for the most part, yes,
but Item 13 regarding the buffer walls is an issue that requires discussion. The applicant
knows he has to comply with noise ordinances, but he would prefer not to build walls
around his site; he’d like to have good access. The CRA may participate in the building
of this wall, but they didn’t seem to be in favor of it either. However, it is written in the
3
Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
ordinance. One mitigating feature is the project is not immediately adjacent to any
incompatible use.
Chair Katz asked if a landscaped “wall” would be better. Mr. Williams said there is
heavy landscaping on the north and east sides. A solid masonry wall is best for stopping
sound, but cost study on this wall is approximately $55,000. A PVC/vinyl wall is also
being considered.
Chair Katz called upon Mike Simon, Assistant Director for CRA, as to how the CRA
feels about Item 2. After some clarification of responsibility for the paving, Mr. Simon
said the CRA supports the applicant’s efforts to mitigate that condition and appreciates
Mr. Mack’s ability to see past the drawing.
Mr. Skarecki asked Mr. Simon how the CRA feels about the wall. Mr. Simon replied that
despite the regulations within the LDRs, the CRA would like to see acceptable
alternatives to PVC fencing. They would not like to see walled off sites as screening
them off defeats the purpose. The CRA is already into the project for $336,000 worth of
grant monies.
Mr. Skarecki next asked staff if the wall is just to contain sound. Mr. Breese replied, yes,
the wall is for sound purposes and is in conjunction with the landscaping, which is
above the wall as well.
Mr. Fischer wondered if, in this district, there has been any evaluation for the potential
for shared storm water facilities. Mr. Breese replied that most of the heart of the
downtown, east of the railroad tracks, has that concept. West of the tracks, however,
does not have that at this time.
Chair Katz opened the floor for public comment; there was none.
Motion
made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve 211 E.
Ocean Avenue, Item 7.A.1 (MSPM 16-005). Chair Katz asked that the motion be
amended to give the Applicant relief from the buffer wall in Condition #13 in favor of
adding additional landscaping. Vice Chair Wheeler moved to approve the motion as
amended, Mr. Skarecki seconded. In a voice vote, the motion passed unanimously (6-
0).
Comprehensive Plan’s Coastal Management Element Text Amend-
B.1.
ments (CPTA 16-001)
– Approve amendments to the Comprehensive Plan’s
Coastal Management Element that 1) address new statutory requirements
pertaining to prevention/mitigation of flood hazards in the coastal areas
(Chapter 163.3178, F.S.); and 2) update the remaining objectives and policies
to account for completions and changes in the City’s programs. City initiated.
Chair Katz introduced Hanna Matras, Senior Planner, who reported on the history and
drafting of new statutory requirements to be placed on review. The new code now calls
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Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
for the Comprehensive Plan to be amended for changes in the State requirements only.
It is recommended that the City at the same time also reviews all the elements of the
Comprehensive Plan. There are incoming amendments for the land use and several
other elements that stem: 1) from the Coastal Consolidated Plan which requires
extensive amendments to the land use; and 2) major changes to the public school
facilities because of public school concurrency (now called Capacity Determination).
Palm Beach County is doing a template for all municipalities to amend the Plan to
reflect these new regulations. This amendment is due now for the codification of the
several new requirements for that element.
There are six (6) new requirements. The last three are not an issue because they can
beverbatim incorporated into the Comp Plan. However, the first three need immediate
attention as the language is vague and general. Prior to 2011, Rule 935 was used to
interpret and clarify the statutory requirements and has been eliminated. The
Department of Economic Opportunity/Community Planning staff have considered
acceptable language.
The new requirements for the Coastal Management Area mainly pertain to coastal
st
flooding and were approved in the last year’s legislation and codified on July 1. The
st
letter of determination is due August 1. Two other governments that submitted
language are still working with the Department of Economic Opportunity as there still is
no example of what language will be acceptable.
Besides responding with some policies, the entire element is being withheld. Two items
needing attention are: 1) sea level rise, and 2) tide-prone areas and other flood-type
areas.
Mr. Rosecrans asked about King Tide areas impacted now, with significant sea level
rise predictions. Michael Lowe, Utilities Manager, Technical Service, said there is not a
lot that can be done. They are investigating various types of storm systems. Storm
systems along US 1 fall under FDOT’s jurisdiction, but Boynton Beach Utilities (BBU) is
putting others in, and looking at different types of control structures.
Mr. Rosecrans next asked about sea walls. Mr. Lowe said BBU is not looking at sea
walls; that would fall under planning. There are a number of areas that already get badly
flooded. In one particular area, BBU put in a storm water system and storm water
ponds in that area with pumping stations, but once the sea comes over the wall, there’s
not much that can be done. Mr. Rosecrans wanted to know if that was at high tides now
or only King tides. Mr. Lowe said they don’t pump at high tide, only when there is storm
water that needs to be removed.
Chair Katz opened the floor for public comment; there was none.
Motion
made by Mr. Rosecrans, seconded by Mr. Fischer, to approve Comprehensive
Plan’s Coastal Management Element Text Amendments (CPTA 16-001). In a voice
vote, the motion passed unanimously (6-0).
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Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
9. Other
There was no other business.
10. Comments by members
– Additional
Chair Katz asked Mr. Rumpf if the DART Review Board is what used to be the
Technical Review Board, and is it open to the public. Mr. Rumpf answered, yes, it is the
old Technical Review Board; and no, it is not open to the public. It is for administrative
staff only. There are other opportunities for public hearings and intervention, and
information is made available to the public on the website.
Mr. Rumpf had an informational item: This Thursday (July 28) at 5:30 at the Inn at
Boynton Beach, the FDOT is holding a public workshop to go through alternatives for
potential improvements to the I-95 interchanges with Gateway and Boynton Beach
Boulevards.
10. Adjournment
Upon motion duly made and seconded, the meeting was adjourned at 7:30 p.m.
[Minutes prepared by M. Moore, Prototype, Inc.]
6
NEW BUSINESS
6.A.1
Surprise Motors –
Pioneer Auto Care
(COUS 16-004)
Conditional Use
Surprise Motors – Pioneer Auto Care Staff Report
COUS 16-004
Page 2
East:Right-of-way for N. Railroad Avenue and FEC Railroad and farther
east City of Boynton Beach owned parcel (former Animal Control
site) with a Mixed Use (MX) future land use classification, and
zoned Central Business District (CBD); and
West:Developed industrial property with an Industrial (I) future land use
classification, and zoned Industrial (M-1).
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
Al Jacquet of Al Jacquet P.A., representing Beaubrun Investment, LLC, is seeking Conditional
Use approval for auto sales accessory to automotive repair. The applicant has been in business
at this location for 14 years and would like to diversify his operations to include a small auto
sales business with an inventory of one (1) or two (2) vehicles stored within the building at any
given time. The applicant indicates his business is the repair of automobiles, and occassionally
he will acquire a vehicle from an owner who no longer wants their vehicle, is looking to buy
another vehicle, or defaults on payment for the repairs. Once the vehicle has been repaired, he
would like to be able to sell it. According to the applicant’s Justification Statement (see Exhibit
“D”), he anticipates selling up to twenty (20) vehicles a year through word of mouth of customers
and friends. He does not anticipate advertising in the newspaper, on TV or radio, through the
mail, or on the internet.
The Land Development Regulations were recently amended (CDRV 16-002) to allow, through
the Conditional Use process, the sale of automobiles accessory to automotive repair in the C-3,
C-4, PCD, and M-1 zoning districts. In all instances, vehicle inventory for sale is required to be
stored indoors.
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 “D” – 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,
Surprise Motors – Pioneer Auto Care Staff Report
COUS 16-004
Page 3
safety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The site consists of an existing four (4) bay automotive repair building, built in 1960 to within
one (1) foot of the property line on the north, south and east sides. One (1) bay is accessed
rd
from N. Railroad Avenue and the other three (3) are accessed from NE 3 Avenue. The site
also has a covered area attached to the west side of the building. Employee and customer
parking is provided on the west end of the site, as well as along the north side of the paved
rd
40 foot wide NE 3 Avenue immediately adjacent to the building, and in the on-street
parking spaces on the east side of N. Railroad Avenue. There are no proposed changes to
the existing ingress and egress for the site.
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 Land Development Regulations require three (3) parking spaces per bay, one (1) of
which may be in the repair bay itself. As such, the existing business would require 12
parking spaces (4 bays X 3 spaces). Since one (1) space may be located within a repair
bay, eight (8) exterior parking spaces are required. The plan depicts six (6) parking spaces,
along with the previously mentioned on-street parking spaces. As noted earlier, the code
requires the vehicle inventory to be stored completely indoors, therefore none of these
parking spaces would be occupied by vehicles for sale. The applicant indicates they intend
to have an inventory of up to two (2) vehicles, which they have depicted on their floor plan
drawing (see Exhibit “B”). With the limited vehicle inventory and available space on site, staff
does not anticipate a parking problem associated with the added use. Although not
anticipated, should the off-street parking prove to be inadequate for any reason, the on-
street parking should accommodate the demand.
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
The applicant indicates refuse collection will not be altered as a result of this application.
Trash is currently placed in garbage cans and taken to the edge of the street for collection
on pick-up days.
4. Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves the site, and utilities would
continue to be available and provided, consistent with Comprehensive Plan policies and City
regulations. No additional impacts are anticipated with this application.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
As noted previously, the building is built to within one (1) foot of the property lines and as an
industrial building constructed in 1960, very little landscape planting areas were
contemplated or accommodated within the space allowance of the site design. The one (1)
foot space on the east and south sides of the building is currently planted with sparse
landscaping in areas where there is not a garage door opening (see Exhibit “C” – Photos).
Surprise Motors – Pioneer Auto Care Staff Report
COUS 16-004
Page 4
As part of the Conditional Use approval, staff recommends that these limited planting areas
be further enhanced with additional plant material in an effort to provide an updated and
finished look.
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 or signage is proposed.
7. Required setbacks and other open spaces.
The existing building was constructed before the zoning regulations in effect now were
adopted. As such, the structure does not meet the required setbacks of 15 feet on the south
and east sides or the 20 feet required on the north side, but does meet the 15 foot setback
requirement on the west side.
8. General compatibility with adjacent properties, and other property in the zoning district.
The proposed use is generally compatible with the surrounding properties, some of which
include Boynton Auto Repair and Transmission immediately to the north and Reliable Gator
Automotive to the west of that.
9. Height of building and structures, with reference to compatibility and harmony with adjacent
and nearby properties, and the city as a whole.
The vehicle sales operation will be located within the existing one (1) story structure, which
was designed well below the maximum allowable height of 45’ in the M-1 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.
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.
A traffic concurrency approval letter is not required as part of this use application. School
concurrency is not required for this type of project. As for the City’s water and sewer
concurrency review, no additional demand is anticipated for this use. Solid Waste disposal
capacity has been evidenced through the issuance of a certificate of availability by Palm
Beach County Solid Waste Authority.
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.
With incorporation of all conditions and staff recommendations contained herein, the
Surprise Motors – Pioneer Auto Care Staff Report
COUS 16-004
Page 5
proposed use would exist in a manner that is in compliance with the above-referenced
codes and ordinances of the City of Boynton Beach.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and
conditional use standards, staff recommends APPROVAL of this request for conditional use
subject to satisfying all conditions of approval recommended by staff as contained in Exhibit “E”
– Conditions of Approval. Any additional conditions of approval recommended by the Board
and required by the City Commission will be placed in Exhibit “E” 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\Surprise Motors – Pioneer Auto Care\COUS 16-004\Staff Report.doc
EXHIBIT A
LOCATION MAP
SITE
¯
015306090120
Feet
EXHIBIT "E"
Conditions of Approval
Project name: Surprise Motors – Pioneer Auto Care
File number: COUS 16-004
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. The inventory of vehicles for sale shall be limited to 2, which shall be
stored indoors, in compliance with the code.
2. The landscape strips along the east and south sides of the building
shall have the gaps filled in with additional plant material to create a
full and complete foundation landscaping scheme.
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\Surprise Motors - Pioneer Auto Care\COUS 16-004\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Surprise Motors – Pioneer Auto Care (COUS 16-004)
APPLICANT: Michel Beaubrun
APPLICANT’S ADDRESS: 401 N. Railroad Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2016
APPROVAL SOUGHT: Conditional Use approval for automotive sales accessory to an automotive
repair facility in the M-1 (Industrial) zoning district, located at the 401 N.
Railroad Avenue
LOCATION OF PROPERTY: 401 N. Railroad 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\Surprise Motors - Pioneer Auto Care\COUS 16-004\DO.doc
NEW BUSINESS
6.B.1
Futures Automotive
(COUS 16-005)
Conditional Use
Futures Automotive Staff Report
COUS 16-005
Page 2
East:Developed industrial property (High Ridge Commerce Center) with
an Industrial (I) future land use classification, and zoned Planned
Industrial Development (PID); and
West:Developed industrial property with an Industrial (I) future land use
classification, and zoned Planned Industrial Development (PID).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject project were mailed a notice of this request
and its respective hearing dates. The applicant has certified that signage is posted and notices
mailed in accordance with Ordinance No. 04-007.
BACKGROUND/ PROPOSAL
Michael Weiner of Weiner & Thompson, P.A., representing 2 JEM LLC, is seeking Conditional
Use approval for an automotive sales business. The applicant plans to operate an internet
business specializing in the sale of classic and limited edition automobiles (see Exhibit “C” –
Photographs of Inventory). The applicant indicates they anticipate selling up to ten (10) vehicles
a year to buyers who found them on the internet. According to the applicant’s Justification
Statement (see Exhibit “D”), “prospective buyers, looking to purchase automobiles which range
in value from $100k to $500k and come throughout the United States and internationally, will be
encouraged to frequent local Boynton Beach hotels and businesses during their stay”. The
building formerly housed Verdi Classics, which was approved as an Automobile Museum. The
new owner wishes to expand upon the previous concept to include vehicle sales.
The Land Development Regulations were recently amended (CDRV 16-002) to allow, through
the Conditional Use process, the sale of new or used automobiles in the Planned Industrial
Development (PID) zoning district, as well as allow vehicle sales as an accessory use to
automotive repair in the C-3, C-4, PCD, and M-1 zoning districts again, through the Conditional
Use approval process. In all instances, vehicle inventory for sale is required to be stored
indoors.
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 “D” – 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,
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COUS 16-005
Page 3
safety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
There are no proposed changes to the site, which currently provides one (1) point of
ingress/egress located on Commerce Road. The layout of the site provides access to the
east and south sides of the building where the overhead doors are located. Adequate
access is provided for any vehicle transports, as well as fire and waste removal operations.
There is a sidewalk across the front of the site and a striped pedestrian crosswalk leading
from the sidewalk to the building entry.
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 site plan was approved in 1997 under a former parking code that calculated required
parking based upon the number of employees, like many other existing warehouse buildings
throughout the PID zoning districts. The required parking shown on the plan was calculated
to be 14.25 (15) parking spaces and 20 were provided. The applicant indicates the property
currently has sufficient off-street parking and loading areas for their intended use. If built
the Land Development Regulations
today,would require 30 parking spaces for this
warehouse building, based upon the total square footage. As the proposed use of the
building is for internet sales of high end automobiles, the daily customer demand for parking
should be extremely low, and staff agrees the parking provided for this highly specialized
type of business operation should be more than sufficient. In comparison, other
warehouse/manufacturing uses permitted by right could occupy the building without
additional parking spaces. As previously mentioned, the code requires the vehicle inventory
to be stored completely indoors, therefore none of the 20 parking spaces would be occupied
by vehicles for sale. The applicant indicates they intend to have an inventory of up to 35
vehicles, which they have depicted on their floor plan drawing (see Exhibit “C”).
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
The applicant indicates refuse quantity will not be altered as a result of the auto sales
activity.
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 is well landscaped, with pods of shrubs, accent plants, ground cover, and palm
trees at the perimeter and entry to the property, and two (2) layers of hedge material along
the foundation of the building facing the street. There is an existing 40 foot wide perimeter
PID greenbelt buffer between the rear of the building and residential property to the north,
including a 6 foot high wall, shrubs and trees.
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COUS 16-005
Page 4
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 will apply for signage in compliance with the approved Sign
Program for the PID once the Conditional Use process is completed.
7. Required setbacks and other open spaces.
The existing building meets or exceeds the minimum setback requirements of the PID
zoning district and the applicant is not proposing any building additions.
8. General compatibility with adjacent properties, and other property in the zoning district.
The proposed use is generally compatible with the remainder of the PID, as the inventory
will be stored inside per code requirements, much like other uses within the PID district, and
the limited customer interaction on-site should generate limited site trips into the industrial
area. The applicant notes the compatibility with other businesses in the immediate vicinity,
including the headquarters of an automobile race team, luxury limousine company,
motorcycle dealer, and private luxury automobile collection.
9. Height of building and structures, with reference to compatibility and harmony with adjacent
and nearby properties, and the city as a whole.
The vehicle sales operation will be located in an existing one-story structure, approximately
21 feet in height, well below the maximum allowable height of 45’ in the PID 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 certificate of use fees and any residual
impact associated with hotel stays and local business patronage from out-of-town
visitors/purchasers.
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.
A traffic concurrency approval letter is not required as part of this use application. School
concurrency is not required for this type of project. As for the City’s water and sewer
concurrency review, no additional demand is anticipated for this use. Solid Waste disposal
capacity has been evidenced through the issuance of a certificate of availability by Palm
Beach County Solid Waste Authority.
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,
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COUS 16-005
Page 5
fumes, vibration, or toxic matter that would negatively impact the neighboring properties.
The applicant anticipates only incidental vehicle maintenance, such as the occassional oil
change and tire rotation, on an as-needed basis. Any used oil would be disposed of
following proper procedures. With incorporation of all conditions and staff recommendations
contained herein, the proposed use would exist in a manner that is in compliance with the
above-referenced codes and ordinances of the City of Boynton Beach.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and
conditional use standards, staff recommends APPROVAL of this request for conditional use
subject to satisfying all conditions of approval recommended by staff as contained in Exhibit “E”
– Conditions of Approval. Any additional conditions of approval recommended by the Board
and required by the City Commission will be placed in Exhibit “E” 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\Futures Automotive\COUS 16-005\Staff Report.doc
EXHIBIT A
LOCATION MAP
SITE
¯
062.5125250375500
Feet
EXHIBIT "E"
Conditions of Approval
Project name: Futures Automotive – 121 Commerce Road
File number: COUS 16-005
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. The inventory of vehicles for sale shall be limited to 35, all of which
shall be stored indoors, in compliance with the code.
COMMUNITY REDEVELOPMENT AGENCY
Comments: N/A
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Futures Automotive\COUS 16-005\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Futures Automotive (COUS 16-005)
APPLICANT: Michael Weiner, Weiner & Thompson, P.A.
st
APPLICANT’S ADDRESS: 10 S.E. 1 Avenue, Suite C, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2016
APPROVAL SOUGHT: Conditional Use approval for automotive sales in the PID (Planned Industrial
Development) zoning district, located at 121 Commerce Road.
LOCATION OF PROPERTY: 121 Commerce Road
DRAWING(S): SEE EXHIBITS “B” & “C” 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\Futures Automotive\COUS 16-005\DO.doc