Agenda 10-25-16
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, October 25, 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 August 23, 2016 meeting
5. Communications and Announcements: Report from Staff
6. Old Business:
7. New Business:
The Brass Tap (COUS 16-006)
A.1. – Approve request for Conditional Use for a Bar &
Nightclub to allow liquor sales at an existing restaurant, located at 950 N. Congress
Avenue, Suite J-100, in the Boynton Village & Town Center development, in the
Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in
connection with the request for approval to sell liquor. The sale of liquor is projected to
increase revenues from the sale of alcohol to over 51% of total sales, which changes
the use from a “Restaurant” to a “Bar & Nightclub” use.) Applicant: Matthew Baum,
Craftmade Boynton, LLC dba The Brass Tap.
Smart Starts Day Care (COUS 16-003/MSPM 16-006)
B.1. – Approve request for
Conditional Use approval associated with a request for Major Site Plan Modification
approval for conversion of a 13,640 square foot office building to a day care facility and
related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1
(Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc.
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.
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
ON TUESDAY, AUGUST 23, 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 David Tolces, Asst. City Attorney
Trevor Rosecrans
Nicholas Skarecki
Brian Miller
James Brake, Alternate
Floyd Zonenstein, Alternate
ABSENT:
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.
2. Roll Call
Roll was called and it was determined a quorum was present.
3. Agenda Approval
Motion
made by Mr. Miller, seconded by Mr. Brake, to approve the agenda as
amended. In a voice vote, the motion passed unanimously.
4. Approval of Minutes from July 26, 2016 meeting
Chair Katz requested that Mr. Rosecrans’ name be added as also having attended the
training session put on by American Planning Association.
Motion
made by Vice Chair Wheeler, seconded by Mr. Brake, to approve the minutes of
the July 26, 2016 meeting as amended. In a voice vote, the motion passed
unanimously.
Meeting Minutes Planning and Development Board
Boynton Beach, Florida August 23, 2016
5. Communications and Announcements: Report from Staff
Mr. Breese, Principal Planner, said the following items were approved by the City
Commission:
211 East Ocean Avenue
Transmittal of the EAR-based amendments to the Comprehensive Plan
6. Old Business
- none.
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.
Chair Katz disclosed that he had driven by the shop and had also spoken to Mr.
Beaubrun on the phone.
Mr. Al Jacquet appeared on behalf of the Applicant showing a brief power point
presentation describing the proposed location of the business. Staff had approved the
Conditional Use with two recommendations: 1) two cars are to be stored inside the
facility, and 2) minor landscaping be provided on the exterior. The business has been in
operation for 14 years with no issues. There will be no advertising for sales of cars.
Storage of vehicles will be inside. The Applicant has agreed to both conditions.
Chair Katz opened the floor for public comment.
Mr. Steve Miller, 321 North Railroad Avenue, addressed the Board advising that he
owns the building directly across the street, has worked with Mr. Beaubrun in the past,
and was in support of the application.
Public comment was then closed.
Motion
made by Mr. Brake, seconded by Mr. Miller, to approve COUS 16-004. In a
voice vote, the motion passed unanimously (7-0).
Futures Automotive (COUS 16-005)
B.1. – Approve request for Conditional
Use for automotive sales in the PID (Planned Industrial Development) zoning
district, located at 121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM
LLC.
Mr. Michael Weiner appeared on behalf of the Applicant stating that staff had
recommended approval with the condition that all storage be indoors, which the
Applicant agreed to.
2
Meeting Minutes Planning and Development Board
Boynton Beach, Florida August 23, 2016
Chair Katz opened and closed the floor for public comment as there was no one wishing
to speak on this item.
Motion
made by Vice Chair Wheeler, seconded by Mr. Brake, to approve COUS 16-
005. In a voice vote, the motion passed unanimously (7-0).
8. Other
- none.
9. Comments by members
- Mr. Miller noted that the lights will be on at the
Boardwalk this or next week.
10. Adjournment
Upon motion duly made and seconded, the meeting was adjourned at 6:41 p.m.
[Minutes prepared by L. Edmondson, Prototype, Inc.]
3
NEW BUSINESS
7.A.1
The Brass Tap
(COUS 16-006)
Conditional Use
The Brass Tap COUS 16-006
Page 2
Memorandum No. PZ 16-042
East:Commercial uses in Boynton Village zoned SMU, and farther
east right-of-way for Renaissance Commons Blvd, and Cortina
townhouses (under construction) and undeveloped property
approved for Cortina single family residences zoned SMU; and,
West:Right-of-way for Congress Ave, and farther west, the Boynton
Beach Mall zoned C-3.
BACKGROUND
The subject site and surrounding buildings are located along the “main street” (center portion) of
the Boynton Village project, which is zoned SMU. The buildings are occupied by a variety of
retail and commercial service uses. The applicant and business owner, Matthew Baum, has
operated The Brass Tap establishment at this location for the past two (2) years. The Brass
Tap has a full kitchen and is licensed as a restaurant use. However, as defined in the City’s
Land Development Regulations (LDR), a restaurant use is required to maintain 51 percent or
more of their gross monthly revenue from the sale of food items. According to the applicant,
The Brass Tap has approximately 45 percent of the gross monthly revenue from the sale of food
and approximately 55 percent from the sale of alcoholic beverages. Therefore this
establishment is not considered a restaurant, but a bar. A Bar use is allowed in the SMU zoning
district only as a Conditional Use (pursuant to the LDR, Chapter 3, Article IV Use Regulations).
This application is being filed in accordance with the LDR Chapter 2, Article II, Section 2.C as
established for conditional use requests which do not involve building or site modifications.
PROPOSAL
The applicant is requesting Conditional Use approval for a Bar to allow liquor sales at The Brass
Tap located at Boynton Village in the Suburban Mixed Use (SMU) zoning district. Conditional
Use approval is required in connection with the request for approval to sell liquor. The sale of
liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales,
which changes the use from a “Restaurant” to a “Bar & Nightclub” use per the LDR. The
applicant’s justification (Exhibit “B”) explains the establishment has a full service restaurant and
even though he is adding a liquor license to be more competitive with other restaurants, the
operation of the business will remain the same, including the full service kitchen.
According to Part III (LDR), Chapter 1, Article II (Definitions), “Use, Conditional” is defined as a
use that, because of special requirements or characteristics, may be allowed in a particular
zoning district but only with conditions as necessary to make the use compatible with other uses
permitted in the same zone or vicinity. A conditional use is a use that that would not be
appropriate generally, or without restriction, throughout a zoning district, however, if controlled
as to area, location, number or relation to the neighborhood, would promote public appearance,
comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the
City.
The LDR defines a Bar & Nightclub use as the following:
BAR & NIGHTCLUB – Any licensed premise that is devoted predominately or totally, to
the serving of alcoholic and / or intoxicating beverages or any combination thereof, for
consumption at the licensed establishment. Leisurely dancing may occur or patrons
The Brass Tap COUS 16-006
Page 3
Memorandum No. PZ 16-042
may be entertained by live or recorded performers who dance, sing, play instruments, or
perform other acts of entertainment (excluding adult entertainment). The service of food
may be incidental to the service of the aforementioned beverages, activities, and
entertainment. These establishments are known as but are not limited to the following:
bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs, discothèques,
night clubs, piano bars, pubs, and saloons.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Part III (LDR), Chapter 3, Article IV, Section 4.C 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.
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 the faithful adherence to
the following review standards, 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 the following standards. In evaluating an application for
conditional use approval, the Board and Commission shall consider the effect of the proposed
use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards,
where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
The site and surrounding buildings have been approved for retail and commercial service
uses and were designed as such with points of ingress / egress along North Congress
Avenue, Old Boynton Road, and Renaissance Commons Boulevard. Existing sidewalks
are present throughout the site to provide safe pedestrian access to the building. No
changes to vehicular circulation, traffic flow and control, or pedestrian access are being
made with this request for conditional use approval.
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 proposed bar use for The Brass Tap will utilize their existing tenant space in an already
improved mixed-use development which fulfills current parking requirements per its original
approval. The original Boynton Village project was approved with a mix of residential, retail,
restaurant, and office uses. The required parking for commercial uses was based on a
“shopping center” rate, which is one (1) parking space required per 200 square feet of gross
leasable floor area. The proposed Bar and Nightclub establishment would fit under this
category and thus, comply with the City’s off-street parking requirements. No changes to
the site (e.g., off-street parking, vehicular use areas, etc.) are being proposed with this
request for conditional use approval. Deliveries would have the same impact as the
existing restaurant use. No glare is expected from the proposed use. Any external noise
The Brass Tap COUS 16-006
Page 4
Memorandum No. PZ 16-042
generated from the building would be similar to other permitted uses allowed in the zoning
district.
3. Refuse and service areas, with particular reference to the items in standards 1 and 2
above.
Consistent with Comprehensive Plan policies and city regulations, existing refuse and
service areas are already provided and currently in use for this location. The proposed Bar
and Nightclub use does not require additional refuse or service areas above that which was
already approved and constructed as part of the Boynton Village project.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including
potable water and sanitary sewer are already available and currently in use for this location.
The required interior plumbing fixtures, sanitary drains, or other utility-related upgrades
were addressed when the lessee submitted plans to the Building Division for tenant build-
out, and will be unaffected by the addition of the proposed use.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
As previously stated, no exterior modifications are proposed to accommodate the proposed
use. The proposed use will have no effect on the existing landscaping, which has already
been approved and found satisfactory through the original shopping center’s site plan
approval process.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties.
The proposed Bar and Nightclub would not have any additional signage above that which is
allowed by code. The photometric levels of the exterior parking lot lighting would not
change as a result of the proposed use. The existing building is surrounded by other
commercial buildings, and the exterior lighting from the Bar and Nightclub would be
compatible and in harmony with the abutting commercial uses.
7. Required setbacks and other open spaces.
The project is developed and no site modifications are proposed for this tenant. The
proposed use will have no effect on the existing building footprint, which remains compliant
with setback requirements per the original shopping center’s site plan approval, and no
effect on any existing open spaces.
8. General compatibility with adjacent properties and other property in the zoning district.
The general design of the building will not be altered as a result of the introduction of this
use into this mixed-use project. Boynton Village is a master planned development and all
commercial buildings were designed to complement each other. It is logical, therefore, and
very much expected that this type of development would attract a bar as a prospective
tenant.
The Brass Tap COUS 16-006
Page 5
Memorandum No. PZ 16-042
As previously mentioned, the existing building is surrounded by other commercial buildings,
and the proposed bar use would be compatible and in harmony with abutting commercial
uses and other existing businesses in the area. The proposed use would provide a higher
quality environment for residents, businesses, employees, and visitors alike and enhance
their existing full service kitchen. There is no request for amplified sound or live
entertainment and a noise nuisance will be not created for neighboring commercial or
residential uses. However, in the future if live entertainment is proposed, whether amplified
or non-amplified, a live entertainment permit will be required for this establishment (see
Exhibit “C” – Conditions of Approval).
9. Height of building and structures, with reference to compatibility and harmony with adjacent
and nearby properties, and the city as a whole.
The existing building was previously designed to comply with the height of the SMU zoning
district. As previously stated, no exterior modifications are proposed to accommodate the
proposed use.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
Bar establishments are common in commercial settings such as this, and are not expected
to have a negative effect on neighboring properties or the city as a whole. The applicant
has indicated that the establishment would continue with the full service kitchen, which is
certainly supported by staff. With respect to the subject property, the economic benefit to
the City is expected to result in a nominal increase in tax revenue as well as the collection
of business tax receipts and fire assessment fees. The applicant currently has 18
employees and does not anticipate any additional employees for the requested bar use.
11. Where applicable, the proposed use furthers the purpose and intent of a corresponding
mixed use zoning district or redevelopment plan.
The SMU zoning district is intended to encourage a diversity of land uses, accommodating
a mixture of residential, office, retail, recreational, and other miscellaneous uses, with an
objective of compatibility and harmony with adjacent land uses and adjoining development.
The proposed bar use would provide a public gathering place that would enhance the
existing full service restaurant and be compatible with other uses.
12. Compliance with, and abatement of nuisances and hazards in accordance with, the
operational performance standards of Chapter 3, Article IV, Section 1. of the LDR and the
Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8,
conformance to the City of Boynton Beach Noise Control Ordinance.
The proposed use would not create smoke, odors, fumes, or toxic matter that would
negatively impact the neighboring properties. The proposed bar use should operate in a
manner that is in compliance with the above-referenced codes and ordinances of the City of
Boynton Beach.
In accordance with the LDR, Chapter 3, Article IV, Section 4, a sound study certified by an
acoustical engineer, is required with the submittal of a Conditional Use application for a bar
establishment when it is located within 300 feet of a residential zoning district. The subject
property is at least 1,000 feet from a residential zoning district. The playing of music,
The Brass Tap COUS 16-006
Page 6
Memorandum No. PZ 16-042
televisions or other video entertainment at volumes equal to or lower than normal
conversation levels within the establishment, is construed to be accessory to the subject
approval. Currently, live entertainment is not proposed for The Brass Tap. If it is proposed
in the future, a Live Entertainment permit would be required for any floorshows or other
forms of entertainment indoors or outdoors such as a DJ or karaoke to regulate amplified
and non-amplified sound levels for compliance with the City’s Noise Ordinance (see Exhibit
“C”- Conditions of Approval).
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and
conditional use standards, and consistency with the Comprehensive Plan, staff recommends
that this request for conditional use be approved subject to satisfying all comments indicated in
Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or
required by the City Commission shall be documented accordingly in the Conditions of
Approval. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5, a time limit is to be set
for a conditional use approval. Staff recommends that a period of 18 months be allowed to
obtain a Business Tax Receipt for the proposed conditional use.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Center 1\Brass Tap as Bar\COUS Staff Report.doc
EXHIBIT “C”
Conditions of Approval
Project Name: The Brass Tap
File number: COUS 16-006
INCLUDEREJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
1. A Live Entertainment Permit shall be required for any future live
entertainment (musician, DJ, karaoke, etc) to regulate amplified and
non-amplified sound levels for compliance with the City’s Noise
Ordinance.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined
CITY COMMISSION CONDITIONS
Comments: To be determined
S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Center 1\Brass Tap as Bar COUS 16-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Brass Tap (COUS 16-006)
APPLICANT: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap
APPLICANT’S ADDRESS: 950 N Congress Avenue, Suite J-100, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2016
APPROVAL SOUGHT: Request for Conditional Use approval for a Bar & Nightclub to allow liquor sales
at an existing restaurant at Boynton Village in the Suburban Mixed Use (SMU)
zoning district. (Conditional Use approval is required in connection with the
request for approval to sell liquor. The sale of liquor is projected to increase
revenues from the sale of alcohol to over 51% of total sales, which changes the
use from a “Restaurant” to a “Bar & Nightclub” use.)
LOCATION OF PROPERTY: 950 N Congress Avenue
JUSTIFICATION: SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “C”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Center 1\Brass Tap as Bar COUS 16-006\COUS 16-006 DOdoc
NEW BUSINESS
7.B.1
Smart Starts Day Care
(COUS 16-003/MSPM 16-006)
Conditional Use/
Major Site Plan Modification
Smart Starts Day Care Staff Report
COUS 16-003 / MSPM 16-006
Page 2
West: Right-of-way for Knuth Road, and farther west BP Gas Station and
undeveloped land zoned PCD (Planned Commercial
Development).
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 MG3 3452 West Boynton LLC, is seeking Conditional Use / Major
Site Plan Modification approval to convert a vacant 13,640 square foot office building to a day
care operation for up to 200 children (see Exhibit “B”). The building has been vacant for
approximately three (3) years and the site and access points fenced off in order to prevent any
property damage and unlawful behavior.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning
and Zoning Division’s evaluation of the application as it pertains to each of the standards. In
addition, the applicant has submitted a separate detailed justification statement that addresses
each of these standards (see Exhibit “C” – Justification Statement).
The Planning & Development Board and City Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of
approval including, but not limited to, the dedication of property for streets, alleys, recreation
space and sidewalks, as shall be determined necessary for the protection of the surrounding
area and the citizens’ general welfare, or deny conditional uses when not in harmony with the
intent and purpose of this section. In evaluating an application for conditional use approval, the
Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The subject property currently has one (1) point of full movement ingress and egress, which
will be retained with the proposed plan, located near the southwest corner of the site, and
one (1) egress-only driveway located near the northwest corner of the site. With the
proposed redesign of the site (Sheet PSP-1), the parking area immediately north of the
building will be eliminated and a fenced outdoor play area created in its place. As a result,
this egress-only driveway will be eliminated. A new “right in – right out” driveway will be
created at the northeast corner of the site, at Boynton Beach Boulevard, to enhance traffic
circulation and site access. Additionally, the pavement striping on Knuth Road will be altered
Smart Starts Day Care Staff Report
COUS 16-003 / MSPM 16-006
Page 3
to create a dedicated left turn lane into the driveway located at the southwest corner of the
site, for improved traffic movement along this stretch of the road. Pedestrian access to the
site is proposed to be enhanced through the construction of a walkway along the south side
of the day care building, extending westerly to connect with the existing sidewalk along the
east side of Knuth Road, as well as a new sidewalk connection along the east side of the
building to the sidewalk on Boynton Beach Boulevard.
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 day care uses is calculated at one (1) parking space per
300 square feet of gross floor area. Required parking is calculated to be 46 spaces total,
based on the 13,640 square foot day care building. The site plan depicts 52 parking spaces
along the south and east sides of the building, inclusive of three (3) handicap parking
spaces. The operator envisions hours of operation beginning at 6:30 AM and closing at 6:30
PM Monday through Friday. Per Health Department requirements, parents are required to
park and walk their child into the facility and sign them in and out, so there is no stacking of
vehicles associated with a pick-up or drop-off line, like at typical public/private grade
schools. A six (6) foot tall concrete panel wall and twelve (12) foot wide landscape buffer are
proposed along the east perimeter of the site to buffer the residential development. Only one
(1) house abuts this property line, while the balance of the residential development is
separated from the property line by a width of approximately forty-five (45) feet, consisting of
a landscape buffer and residential street right-of-way (Banyan Creek Circle West).
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
The applicant intends to relocate the existing dumpster enclosure approximately 200 feet
immediately to the north of its existing location on the east side of the property. The new
location would be surrounded by mature trees (20-24 feet in height, with 22-25 foot canopy
spread) and a six (6) foot tall concrete panel wall, in addition to the concrete dumpster
enclosure and balance of the twelve (12) foot wide landscape buffer. Trash would be
removed on a standard schedule and solid waste is not anticipated to increase significantly
as a result of this application.
4. Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves the site, and utilities would
continue to be available and provided, consistent with Comprehensive Plan policies and City
regulations. No additional impacts are anticipated with this application.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The Landscape Plan (Sheet L-1) and Tree Disposition Plan (Sheet TD-1) depict eighteen
(18) large, mature canopy trees being retained on site, as well as a number of mature palm
trees. The large Live Oak trees along the property frontage on Boynton Beach Boulevard
will be retained and properly trimmed to provide a good buffer between the right-of-way and
outdoor play area. The play area will be encompassed with a six (6) foot tall decorative
aluminum fence and three (3) to four (4) layers of landscape material planted in an
approximately twenty-five (25) foot wide landscape buffer, separating the play area from the
rights-of-way of both Boynton Beach Boulevard and Knuth Road. Typical landscape material
utilized in the design include existing Live Oak, Mahogany, Black Olive and various fruit
Smart Starts Day Care Staff Report
COUS 16-003 / MSPM 16-006
Page 4
trees, along with the addition of Live Oak, Gumbo Limbo, Pidgeon Plum, Orange Geiger,
and Green and Silver Buttonwood trees, Sabal and Montgomery palms to supplement the
existing Coconut and Majesty palms, Cocoplum, Copperleaf, Marlberry, Croton,
Beautyberry, and Small-leaf Clusia shrubs, as well as Blueberry Flax Lilly, Butterfly Bush,
Perennial Peanut and Foxtail Fern groundcovers. Nearly all of the proposed plant material is
list as low water consumption in the SFWMD WaterWise publication, with greater than 50%
of the trees and nearly all of the shrubs and groundcovers being native.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties.
The project proposes the installation of eleven (11) light poles on the site (Sheet E-1). In an
effort to minimize glare and impact on surrounding properties, the light fixures will be
installed at a maximum of fifteen (15) feet in height, with full cutoff design, and the light
levels are depicted below the code maximum allowable 5.9 foot-candles. The distance of
nearest light poles to the residential development to the east has been maximized to
approximately sixty (60) feet away, with foot-candle readings of 0.0 at the property line, with
mature trees, a six (6) foot tall concrete panel wall and twelve (12) foot wide landscape
buffer in between. Relative to signage for the project, the applicant proposes an eight (8)
foot tall internally illuminated monument sign, a minimum of ten (10) feet back from the NW
corner of the site. The sign copy area will be forty (40) square feet in size and have a white
acrylic face with black, yellow and blue copy. The proposed monument sign will be required
to have two (2) layers of colorful shrubs around the base. An eighteen (18) square foot
internally illuminated wall sign is proposed on the south building wall, utilizing the same
graphics and colors as the monument sign.
7. Required setbacks and other open spaces.
The renovated building to be utilized for the day care meets or exceeds the minimum
setback requirements of the C-1 zoning district. Minimum setbacks are: front (north) required
30’ – provided 106’; rear (south) required 20’ – provided 132’; side corner (west) required
10’ – provided 21.5’; and interior side (east, abutting residential) required 30’ – provided
approximately 75’. The closest residential structure to the outdoor play area is nearly 80 feet
to the east, with two (2) layers of landscaping (one at the play area fence and the other at
the east perimeter). The perimeter buffer abutting residential consists of a six (6) foot tall
concrete panel wall and twelve (12) foot wide landscape buffer withmature trees (20-24 feet
in height, with 22-25 foot canopy spread).
8. General compatibility with adjacent properties, and other property in the zoning district.
The day care use is generally compatible with the surrounding commercial/office uses and
with the abutting residential property, as such uses are typically patronized by the residents
within the neighborhood and workers in surrounding commercial/office buildings.
Additionally, the large setback of the outdoor play area from residential property, and
appropriate buffering discussed earlier further the compatibility. The existing building’s
design is extremely dated with the elongated mansard roof withblue cedar shake material.
The applicant is proposing to remove the mansard and redesign the façade with pop-up
features at each new impact window, the addition of awnings above each window, stucco
score lines and medallions at intersecting score lines, as well as a new paint scheme
utilizing Sherwin-Williams soft and cool blue and green accent colors on cool two-tone gray
walls (Pop-up Features are proposed as “Resolute Blue”; Awnings are “Lounge Green;
Primary Wall color is “Elder White”; and Base and Trim color is “Proper Gray”).
Smart Starts Day Care Staff Report
COUS 16-003 / MSPM 16-006
Page 5
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 building is a one-story structure, with the typical parapet wall at a height of 12’
- 6” and the pop-up features at 14’ – 6”, which is compatible with the structures on the
adjacent properties, and under the maximum allowable height of 30’ in the C-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, other than the enhanced condition of the property with
the upgraded building and use on the site, permit fees, certificate of use fees and the 26
jobs created with the new business.
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 was received from Palm
Beach County indicating that the project meets the standards, that 49 AM peak hour trips
and 35 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 2017. 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 evidence 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 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.
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.
The project would not create smoke, odors, fumes, 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 the operations should
not be an issue. Any noise associated with the outdoor play area should be partially offset
by the traffic noise along Boynton Beach Boulevard. 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.
Smart Starts Day Care Staff Report
COUS 16-003 / MSPM 16-006
Page 6
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 project is to be developed. Staff recommends
that a period of 18 months be allowed to receive the necessary building permits.
S:\Planning\SHARED\WP\PROJECTS\Smart Starts Day Care\COUS 16-003/MSPM 16-006\Staff Report.doc
EXHIBIT A
LOCATION MAP
SITE
¯
050100200300400
Feet
Boynton Beach, Florida 33436
3452 West Boynton Beach Boulevard
Smart Starts at Boynton Beach
3.0'3.0'
6.0'
6.0'
10.0'
DUMPSTER
BOYNTON BEACH, FLORIDA 33436
jimmy@jfsdesignfl.com
www.jfsdesignfl.com
3452 BOYNTON BEACH BLVD.,
LC 000393
BOYNTON BEACH
LANDSCAPE ARCHITECTURE
JFS Design Inc.
SMART STARTS AT
BOYNTON BEACH, FLORIDA 33436
jimmy@jfsdesignfl.com
www.jfsdesignfl.com
3452 BOYNTON BEACH BLVD.,
LC 000393
BOYNTON BEACH
LANDSCAPE ARCHITECTURE
JFS Design Inc.
SMART STARTS AT
BOYNTON BEACH, FLORIDA 33436
jimmy@jfsdesignfl.com
www.jfsdesignfl.com
3452 BOYNTON BEACH BLVD.,
LC 000393
BOYNTON BEACH
LANDSCAPE ARCHITECTURE
JFS Design Inc.
SMART STARTS AT
BOYNTON BEACH, FLORIDA 33436
jimmy@jfsdesignfl.com
www.jfsdesignfl.com
3452 BOYNTON BEACH BLVD.,
LC 000393
BOYNTON BEACH
LANDSCAPE ARCHITECTURE
JFS Design Inc.
SMART STARTS AT
EXHIBIT “D”
Conditions of Approval
Project Name: Smart Starts Day Care
File number: COUS 16-003 / MSPM 16-006
nd
Reference: 2review plans identified as a Major Site Plan Modification with a September 20,
2016 Planning and Zoning Department date stamp marking.
INCLUDEREJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Drainage shall be modified to accommodate surface runoff for
playground area at time of permit submittal.
2. Existing drainage pattern at east property line shall be demonstrated
to be maintained between the proposed wall and single-family
residential development at time of permit submittal.
3. Utility plans shall be provided at time of permit submittal.
FIRE
Comments: None
POLICE
Comments: None, all previous comments addressed.
BUILDING DIVISION
Comments: None, all previous comments addressed.
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
4. 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.
Smart Starts Day Care (COUS 16-003 / MSPM 16-006)
Conditions of Approval
Page 2 of 2
DEPARTMENTSINCLUDEREJECT
5. If the purpose of the electric drop adjacent to the existing monument
sign is to power the sign, please place this electric run underground.
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\Smart Starts Day CareCOUS 16-003/MSPM 16-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Smart Starts Day Care (COUS 16-003/MSPM 16-006)
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: November 15, 2016
APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan
Modification approval for conversion of a 13,640 square foot office building to
a day care facility and related site improvements, located at 3452 W. Boynton
Beach Boulevard, in the C-1 (Office Professional) zoning district.
LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “D”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Smart Starts Day Care\COUS 16-003/MSPM 16-006\DO.doc