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Agenda 05-22-18 CITY OF BOYNTON BEACH 4 PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, May 22, 2018 TIME: 6:30 PM PLACE: City Hall Chambers 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes A. April 24th minutes are not yet available. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business A. Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. B. Approve Wawa Future Land Use Map Amendment & Rezoning (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezone from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. C. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. D. Approve Dog Activity World Group Conditional Use request (COUS 18-002) for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah W ickins. E. Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. F. Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design and construction of new and Page 1 of 101 replacement of public improvements. 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 of 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. Page 2 of 101 4.A. Approval of Minutes 5/22/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/22/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: April 24th minutes are not yet available. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 3 of 101 7.A. New Business 5/22/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/22/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Gas Station Regulations (CDRV 18-002) -Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. EXPLANATION OF REQUEST: This item represents the continuation of an evaluation of City's regulations on gas stations that occurred in 2015 and resulted in amendments to the Land Development Regulations (LDR) that reduced the magnitude of non-conforming gas stations in the City which was at 50%. This earlier project also identified two areas that were most void of gas stations which included a 3 1/2 mile segment of Congress Avenue e)dending south of Woolbright Road to Atlantic Avenue. Although the number of non-conforming gas stations was significantly reduced, and 13 intersections became eligible for gas station siting under the revise standards, most eligible properties are either developed or not zoned for gas station use. Further justifying the consideration for increasing possible locations for gas stations is the recent hurricane event, Hurricane Irma, which affected the State of Florida with Category 3 and Category 2 winds. Once again, the County experienced power outages, resulting in power loss to over 2 million homes and businesses in the tri-county area. It's noteworthy that prior to landfall of Hurricane Irma, nearly 50% of the gas stations in the Tampa-St. Petersburg area, and 65% of the stations in Miami and Ft. Lauderdale were out of fuel. Staff has continued the evaluation of the gas station regulations in light of these findings and conclusions, and in conjunction with the consideration of applications for a new Wawa Gas Station at the intersection of Woolbright Road and Congress Avenue. To accommodate additional stations within the City, with an emphasis on areas with high traffic counts nearest to evacuation routes, staff proposes the following amendments: 1) Eliminate the maximum number of stations per intersection standard at eligible intersections (per the existing regulations) that consist of an urban principal roadway. The roads classified as Urban Principal Arterial within the City are limited to Congress Avenue, Boynton Beach Boulevard east to I- 95, and 1-95 (See Exhibit"B"). This proposed amendment would affect four(4) intersections along Congress Avenue, and three intersections involving 1-95. However, as indicated above as a finding of the 2015 LDR evaluation, these intersections are built-out or zoned contrary to the required zoning for a gas station. Either sites must be redeveloped and/or rezoned to accommodate a new gas station. For example, the applications for the proposed Wawa gas station include the rezoning of the northeast corner of Woolbright Road and Congress Avenue. 2) Omit the minimum frontage requirement that applies solely to gas stations.Although initially this may only benefit one parcel, it does remove an inconsistency in the system as there are several gas stations that do not meet the minimum frontage requirement. Further, the current minimum lot size Page 4 of 101 standard of 30,000 square feet would remain making the frontage requirement unnecessary. Staff opines that parcel configuration should not delineate eligibility for a gas station, given the site, operational and engineering requirements, and design standards that ensure proper design through a performance standard approach rather than the conventional zoning standard. It is possible to find a parcel at an intersection that is shallow but long, which greatly exceeds the minimum area requirement yet is deficient in a minimum frontage dimension. Using the property targeted for a Wawa gas station as an example, the property is 3 times the minimum area standard for a gas station yet is approximately 30 feet short of the minimum frontage requirement on one side of the property. 3) Omit the minimum distance separation standard between a project driveway and the property line (e.g. 30 feet)which only applies to gas station uses. Technical site standards such as driveway separations and widths, parking space and drive isle dimensions, clear (safe) site triangles and site distance standards are included in the City's Engineering & Design Handbook. Staff finds that such a standard that is unique to a single commercial use and not supported by the above-described manual is not justified. Staff proposes these code amendments to increase possible gas station siting options at appropriate areas to increase service potential during periods of severe weather and power outage, as well as to eliminate some unwarranted site standards within the Land Development Regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Business improvements and new construction will contribute to permit fees and related revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Staff Report Staff Report& Proposed Amendments Page 5 of 101 DEPARTMENT OF DEVELOPMENT ,, PLANNING AND ZONING Memorandum PZ 18-033 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 16, 2018 RE: Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.1), Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. BACKGROUND In 2015, the City Commission directed staff to evaluate the City's regulations applicable to gas stations for possible amendments to open up alternative eligible locations for new stations. The initial impetus behind the directive, which was formed into Strategic Initiative Action Item 1.5, was the desire of a local business operator to add gas sales to an existing convenience store where gas sales are not allowed. This interest halted upon learning of a new station proposed in the service area by a major petroleum retailer. However, staffs evaluation of the City's regulations continued, leading to the discovery that one-half of the gas stations in the City were legal non-conforming uses as a result of the long-standing regulations on gas sales involving eligible locations, permitted zoning districts, and lot size and frontage. Additional findings or conclusions from the Study included the following: • Two gas stations that remained non-conforming after adoption of the recommended amendments were within the CRA, where alternatives to automobile dependency is to be promoted, with new stations possibly being considered under future mixed use regulations consistent with the vision for the downtown and greater CRA; • Thirteen intersections became eligible for gas station siting under the revised standards; however, the adjoining properties were built-out or had the wrong zoning for new stations; • One of the areas identified as having the most noticeable void in service stations was S. Congress Avenue, along a 3 �/z mile stretch of Congress Avenue between Woolbright Road and Atlantic Avenue in Delray Beach. Staff has continued the evaluation of the gas station regulations in light of these findings and conclusions, and in conjunction with the review of applications for a new Wawa Gas Station at the intersection of Woolbright Road and Congress Avenue. This location is the northern point of the beginning of the void in gas sales extending south into Delray Beach. Further justifying the consideration for increasing possible locations for gas stations is the recent hurricane event, Page 6 of 101 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 Hurricane Irma, which affected the State of Florida with Category 3 and Category 2 winds. Once again, the County experienced power outages, resulting in power loss to over 2 million homes and businesses in the tri-county area. Petroleum availability is not just a factor of the number of gas stations within an area; however, with an increase in the variety of gas station brands, there is an increase in resource options and gasoline availability. Prior to landfall of Hurricane Irma, nearly 50% of the gas stations in the Tampa-St. Petersburg area, and 65% of the stations in Miami and Ft. Lauderdale were out of fuel. An explanation of the proposed amendments is below and provided verbatim within an excerpt from the Land Development Regulations in Exhibit "A". The roadway classification system for the City is provided within Exhibit"B". ANALYSIS Maximum number of gas stations at gualifyin-2 intersections Current regulations limit the number of gas stations at eligible intersections to two (2). This standard has been in the LDRs for many years, likely with the intent to limit the proliferation of gas stations at highly visible areas of the City. Gas stations have not been known for aesthetic attributes, particularly given that auto repair service with visible service bays and unsightly work areas were common with gas sales, and site design emphasized accessibility and visibility through wide driveways and bright lights in close proximity to the abutting roadway. With the reduction in auto repair service at gasoline sales operations, and the adoption of new landscaping and other site design requirements, visual impacts from gas stations has been reduced. Additionally, the newer generation of gasoline stations have increased the allocation of space to convenience goods, to the point of some becoming small grocery stores and even delis and restaurants. Not only has shopping alternatives improved for the consumer, but also aesthetic improvements are evident as well in the absence of service bay doors and increased building massing at the street. The LDRs do not limit the number of convenience stores allowed per intersection, or limit them to specified locations in the City. To increase the options for gas station siting, particularly in areas with high traffic volumes and near evacuation routes, staff proposes to eliminate the maximum number per intersection standard at eligible intersections (per the existing regulations) that consist of an urban principal roadway. The roads classified as Urban Principal Arterial within the City are limited to Congress Avenue, Boynton Beach Boulevard east to I-95, and I-95 (See Exhibit "B"). This proposed amendment would affect four (4) intersections along Congress Avenue, and three intersections involving I-95. However, as indicated above as a finding of the 2015 LDR evaluation, these intersections are built-out or zoned contrary to the required zoning for a gas station. Either sites must be redeveloped and/or rezoned to accommodate a new gas station. For example, the applications for the proposed Wawa gas station include the rezoning of the northeast corner of Woolbright Road and Congress Avenue. This corner of the intersection has historically been zoned C-1, which would not allow gas sales. For comparison purposes, staff researched the regulations of several other cities in the area. Of the sample of I I cities researched, only one city (City of Boca Raton) regulates the maximum number of gas stations per intersection; however, this standard only applies to selected intersections within the city. A much more commonly used regulatory tool among the cities sampled is distance separation. Six cities use a distance separation standard; three of them require the separation only between different gas stations, one city regulates distances between gas stations and distances from other uses -2 - Page 7 of 101 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (i.e. churches, schools and hospitals), and one city just requires separation from other uses. The separation distances range between 500 feet and 1,200 feet. Note that the City of Palm Beach Gardens does not require a separation between those gas stations that qualify as convenience stores, and the Town of Juno Beach only applies the distance separation between more than three gas stations. Lastly, the Town of Jupiter only requires separation between larger gas stations (those with between 11 and 16 fueling stations). Five cities do not regulate gas stations by separation or number per intersection. As indicated by the survey results, there is variation of standards among other cities, but approximately one-half of the sample applies some type of distance separation standard to gas stations. Minimum frontage standard of 225 feet for las stations Staff proposes to omit the minimum frontage requirement that applies solely to gas stations. Although initially this may only benefit one parcel, it does remove an inconsistency in the system as there are several gas stations that do not meet the minimum frontage requirement. Further, the current minimum lot size standard of 30,000 square feet would remain making the frontage requirement unnecessary. Staff opines that parcel configuration should not delineate eligibility for a gas station, given the site, operational and engineering requirements, and design standards that ensure proper design through a performance standard approach rather than the conventional zoning standard. It is possible to find a parcel at an intersection that is shallow but long, which greatly exceeds the minimum area requirement yet is deficient in a minimum frontage dimension. Using the property targeted for a Wawa gas station as an example, the property is 3 times the minimum area standard for a gas station yet is approximately 30 feet short of the minimum frontage requirement on one side of the property. Minimum Driveway Separation from Property Boundaries of 30 feet The City's Land Development Regulations solely applicable to gas stations also include a minimum distance separation standard between a project driveway and the property line (e.g. 30 feet). Such technical site standards such as driveway separations and widths, parking space and drive isle dimensions, clear (safe) site triangles and site distance standards are included in the City's Engineering & Design Handbook. The Handbook is the complete guide on the design, construction and maintenance of systems that move traffic throughout the City and supports the land development process. The manual is comprehensive, taking into consideration all vehicle types and spatial needs. However, the manual does not regulate the separation between a driveway and a property line. Staff does not see the purpose of a standard unique to a gas station use that is not supported by the above- described manual. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to increase possible gas station siting options at appropriate areas to increase service potential during periods of severe weather and power outage, as well as to eliminate some unnecessary site standards within the Land Development Regulations. Attachment S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 18-002 Gas Station locations\Staff Report.doc -3 - Page 8 of 101 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 EXHIBIT "A" Land Development Regulations, Chapter 3, Article IV, Section 3.1): 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection,,_c. cc.l)t_t1-ims__Iimitati-oii sh-a11 n-otma)1?1I to eligible intersections as & Fned bv_this l ata a .1hat cc sit c� an t an..pri c a1 arterial roadway .i1ie 1)Lrrj. c: c� t c ccl tion i to maxi-m-izc.__sc.iv cc._tiotential grins tunes ofcle i nat cmc roc. c. c�c. nvoly n �r�a or tori events anc1. l w t to c s, t articula l gigig or near evacuatig-t routes. A convenience store with retail gasoline sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand(30,000) square feet. ............. . r.- < 4xa < 4-' Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width; and Setbacks. (a) No canopy shall be located less than twenty (20) feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (6d) Storage. No outside storage of materials,parts, and no overnight storage of vehicles outside. (76) Design. Pursuant to Chapter 4, Article 111, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (81) Landscaping. See landscaping standards in Chapter 4. (4 ) Lighting. See lighting standards in Chapter 4. (49) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (4- 1 ) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be -4- Page 9 of 101 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (4-2-1j_) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or aboveground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred(200) feet from any public right-of-way. (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). -5 - Page 10 of 101 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article 11 by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.D.46.a.(5)(a) above; (b) Section 3.D.46.a.(5)(b) above; (c) Section 3.D.46.c.(3)(a) above; or (d) Section 3.D.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L3 District and MU-H District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU)land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side- 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. -6 - Page 11 of 101 City of Boynton Beach EXHIBIT "B" Thoroughfare System Functional Classification of Roads H poluxo d Hypoluxo d Hypoluxo Rd -a m. I 3 > VL _ a x 1� n lb Y o a� �' .. i g U) O' z j `L� Miner Rd Miner Rd Q- J 0 Cn i =M ��._. r—.•� r••j 1 Qj\J E Q) C.) Blvd O C/) Gatewa d Gatew 1 Blv Ga j 3 , 1 2 O ii ! OUB _..1 1 ? 1 n m 1 ME j Old Boyn on Rd j z W Boynt Beach Ivd U) 1 Boynton Be ch Blvd Hill Z c Ave U) j C m - 1 i o, CD U)Cn 1 -i 1 7.B. New Business 5/22/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/22/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Wawa Future Land Use Map Amendment& Rezoning (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezone from C-1 Office Professional to C- 3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. EXPLANATION OF REQUEST: The 2.14-acre subject property consists of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building. The applicant proposes this future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for a major site plan modification is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs), including one pertaining to the maximum number of gasoline stations at an intersection. The proposed LRC future land use and C-3 zoning will bring the north east corner of the Congress Avenue/ Woolbright Road intersection to consistency with the FLU and zoning of the three remaining corners where LRC and C-3 zoning already prevail, allowing development intensity which aligns with the high traffic volumes carried by both Congress Avenue and Woolbright Road. This intersection is less than a mile from the City's main commercial hub of the Congress Avenue corridor and the tentative boundary of the future "Congress Avenue District," the target of the next redevelopment plan. W hile focused on optimizing the District's economic potential, the plan will also impact the Congress Avenue/ Woolbright Road intersection. That area may redevelop into a secondary commercial activity node, serving residents of the surrounding neighborhoods who may prefer to avoid traffic and crowds further north. The proposed rezoning—which permits retail as well as office uses—would allow for intensification of the commercial development on the subject property in support of such a node. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 13 of 101 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map ExhibitA: Location Map D Exhibit Exhibit B: Proposed FLU D Exhibit Exhibit C: Proposed Zoning Page 14 of 101 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-023 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: March 16, 2018 PROJECT: Wawa LUAR 18-001 REQUEST: Approve the Wawa Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from C-1 Office Professional to C-3, Community Commercial. PROJECT DESCRIPTION Applicant: Brightwork Acquisitions, LLC Property Owner: Boynton Heart Institute, LLC / PNC Bank, NA Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP Location: 2505 W. Woolbright Road and adjacent property to the east (Exhibit "A") Existing Land Use/ Zoning: Office Commercial (OC) / C-1 Office Professional Proposed Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial Acreage: 2.14 acres Adjacent Uses: Page 15 of 101 Page 2 Wawa LUAR 18-001 North: Right-of-way of Canal L-26, Lake Worth Drainage District; farther north, developed single-family homes of Palm Beach Leisureville, classified Low Density Residential (LDR) and zoned R-1AA, Single-Family Residential; South: Right of way of Woolbright Road; further south, developed commercial properties, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial (Marathon gas station, McDonald's restaurant and Sun First National Bank) and PCD, Planned Commercial Development (Boynton Shoppes); East: Developed office property (medical offices), classified Office Commercial (OC) and zoned C-1, Office Professional; and West: Right-of-way of South Congress Avenue; farther west, developed commercial property (Mobil gas station and 7-Eleven store), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. BACKGROUND The 2.14-acre subject property consist of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for the major site plan modification is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The property subject to the proposed Future Land Use (FLU) amendment and rezoning is located on the north east corner of the intersection of two busy arterials, Congress Avenue (a Principal Arterial) and Woolbright Road (a Minor Arterial). This intersection is less than a mile away from the City's main commercial hub of the Congress Avenue 2 Page 16 of 101 Page 3 Wawa LUAR 18-001 corridor and the tentative boundary of the future Congress Avenue District, the target area of the next redevelopment planning effort. Population there has been growing in recent years, attracting more commercial uses to the District and its vicinity. The incoming redevelopment plan will work to maximize the area's opportunities to their greatest economic potential. The planned growth of the District will also impact the Congress Avenue/Woolbright Road intersection, which in turn may redevelop into a secondary commercial activity node, serving residents of the surrounding residential neighborhoods who may prefer to avoid traffic and crowds further north. The proposed rezoning would allow intensification of the commercial development on the subject property in support of such a node. Note that a somewhat similar thinking undelies the recommendations of the CRA Plan for the intersection of Woolbright Road and Federal Highway. The Plan supports intensification of redevelopment on that intersection, identifying it as an activity node secondary to the highest density and intensity in the Downtown district. The subject FLU amendment and rezoning is also corroborated by market trends, which demonstrate more support for retail than for office development in the City. Boynton Beach does not have class "A" office space, and the vacancy rates for classes "B" and "C" have been high in recent years. According to the the Cushman and Wakefield 4th quarter 2017 report, the overall office vacancy rate in the Boynton market was 25.6%, the highest among the Palm Beach county municipalities (it was 12.9% countywide). Note that the proposed amendment/rezoning supports retail while leaving the option for office uses open. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLU amendment and rezoning are consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element, which recognize and support commercial uses as goods/services providers and job generators, including, for example: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. 3 Page 17 of 101 Page 4 Wawa LUAR 18-001 In addition, the proposed future land use amendment and rezoning supports "Strong Local Economy," one of the objectives of the City's Strategic Plan. Consistency with Land Development Regulations (LDR) N/A. A master plan/site plan application involving a rezoning to a conventional zoning district is not—as is the case with a planned zoning district—an intrinsic component of the rezoning application and therefore it is not required to accompany the latter. Moreover, if the two applications are submitted concurently, the site plan's consistency with the LDRs is not a criterion to be considered as part of the rezoning; rather, the master plan/site plan submittal is reviewed on its own merits. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The land use pattern in adjacent and nearby areas is eclectic. it incoporates commercial uses of office and retail as well as single-family, townhome and condominium residential uses. The FLU and zoning patterns reflect this diversity. The proposed FLU category and zoning district will bring the north east corner of the Congress Avenue/Woolbright Road intersection to consistency with the FLU classification and zoning designation of the three remaining corners where Local Retail Commercial (LRC) land use and C-3 zoning prevail. The development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Congress Avenue. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning supports the integration of the land uses consistent with the smart growth and sustainability initiatives since it provides uses complementary to the existing ones. Further, the retail-supportive zoning would provide the residents of the surrounding communities with another close by option for convenience shopping, particulary since the nearest large grocery store is nearly a mile away. 4 Page 18 of 101 Page 5 Wawa LUAR 18-001 e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact study has been completed; no issues pertaining to the Palm Beach County's Traffic Performance Standards (TPS) were identified. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to criteria "a" and "c." The FLU amendment and rezoning would not negatively affect property values in the surrounding area and, given the diversity of the local land use pattern, would be reasonably compatible with the current and future use of adjacent and nearby properties. The subject property is separated from the single- family Palm Beach Leisureville on its north side by a physical barrier of L-26 Canal; in addition to the canal's 81-foot right-of-way, the required 12-foot buffer with a (minimum) six (6) foot wall landscaped on both sided would provide adequate separation between the residential community and the commercial uses permitted by the proposed C-3 zoning district. As stated in the response to criterion "a," the amendments are related to the needs of the neighborhood and would support the secondary commercial activity center on the Congress Avenue corridor. Since the corridor is of primary importance to the City's economic development, the amendments, although at a small scale, are also related to the needs of the City as a whole. 5 Page 19 of 101 Page 6 Wawa LUAR 18-001 g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The proposed amendment would represent the increase in both possible intensity of development and in number and type of commercial uses with "high probable economic development benefits." h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not reduce the amount of land available for commercial/industrial development. It keeps and further intensifies the potential retail/office redevelopment of the site. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are 3 (three) vacant parcels within the city carrying the C-3 zoning AND close in size to the property under consideration. These may not be currently on the market and/or their location may not be suitable for a use proposed by the developer. As discussed previously in this report, the proposed amendment/rezoning is more consistent with the C-3 zoning of lands surrounding the intersection of Congress Avenue and Woolbright Road. 6 Page 20 of 101 Page 7 Wawa LUAR 18-001 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. Section 2.D.1 .e of the LDRs refers to "Rezoning to Planned Zoning Districts"- the proposed rezoning involves a conventional district C-3. See comments to criterion "b" (Consistency with Land Development Regulations). For the site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\LUAR 18-001\LUAR 18-001 Wawa Staff Report.dou 7 Page 21 of 101 EXHIBIT A SITE LOCATION MAP , a rian Vi ii 771", A EM 0# 037.575 150 225 300 Of 1 EXHIBIT B WAWA: PROPOSED FLU (LUAR 18-001 ) s d' N SW-1-3th Ter -3: SW 14th Ave a , - SITES � - j� - - _ o-Woolbright-Rd- V - V N Legend LOW DENSITY RESIDENTIAL(LDR); 7.5 D.U./Acre OFFICE COMMERCIAL(OC) Page 23 of 101 LOCAL RETAIL COMMERCIAL LRC EXHIBIT C WAWA: PROPOSED ZONING (LUAR 18-001 ) Ic *I d' N SW-13th Ter 3:_ SW 14th Ave � FSITE o-Woolbright-Rd i\ I t S Legend 0 R1AA Single Family, 5.5 du/ac C3 Community Commercial 0 C1 Office Professional M PCD Planned Commercial Deg !9069drttf 101 7.C. New Business 5/22/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/22/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. EXPLANATION OF REQUEST: The 1.98-acre subject property consist of two parcels, one currently vacant and one developed with a single- story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes a future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa gas station with convenience store and restaurant. The request for the new site plan is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. The proposed use requires Conditional Use approval when within 200 linear feet of a single-family zoning district. The subject parcel is approximately 150 feet from a single family neighborhood to the north, across the L.W.D.D L-26 Canal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base and permit revenues and related fees. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 25 of 101 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report MM 18-002/ COLD 18-001 D Location Map Exhibit A- Location Map D Drawings Exhibit B - Plans D Exhibit Exhibit C -Applicants Justification D Conditions of Approval Exhibit D - Conditions of Approval D Development Order Exhibit E - Development Order Page 26 of 101 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM . PZ 1 -032 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf N , Planning and Zoning Director FROM: Amanda Bassiely Senior Planner DATE: April 2, 2018 PROJECT NAME: Wawa Gas Station COUS 18-001 / MSPM 18-002 REQUEST: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a gas station to include a 6,119 square foot convience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. PROJECT DESCRIPTION Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP Property Owner: Boynton Heart Institute, LLC / PNC Bank, National Association Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. Location: 2505 W. Woolbright Road and adjacent property to the east (See Exhibit "A") Existing Land Use/Zoning: Office Commercial (OC)/C-1 Office Professional Proposed Land Use/Zoning: Local Retail Commercial (LRC)/ C-3 Community Commercial Proposed Uses: Gas Station with convience store Acreage: 2.14(1.98 after Right-of-way Dedication) Page 27 of 101 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 2 Adjacent Uses: North: Right-of-way of Canal L-26, Lake Worth Drainage District; farther north, developed single-family homes of Palm Beach Leisureville, classified Low Density Residential (LDR) and zoned R-1AA, Single-Family Residential; South: Right of way of Woolbright Road; further south, developed commercial properties, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial (Marathon gas station, McDonald's restaurant and Sun First National Bank) and PCD, Planned Commercial Development (Boynton Shoppes); East: Developed office property (medical offices), classified Office Commercial (OC) and zoned C-1, Office Professional; and West: Right-of-way of South Congress Avenue; farther west, developed commercial property (Mobil gas station and 7-Eleven store), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. 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 The 1.98-acre subject property consist of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes a future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for the new site plan is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. The proposed use requires Conditional Use approval when within 200 linear feet of a single-family zoning district. The subject parcel is approximately 150 feet from a single family neighborhood to the north. 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 Page 28 of 101 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 3 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 two (2) primary points of ingress and egress; one (1) driveway is located on the west side of the parcel which connects to South Congress Avenue, and one (1) on the south side connecting to Woolbright Road. The property also has one (1) point of ingress and egress via a cross-access easement with the property to the east (see Exhibit "B"). The project proposes two-way drive aisles throughout the site for effiecnt traffic flow. There are existing sidewalks along both Woolbright Road and South Congress Avenue. Pedestrian access to the site is proposed to be enhanced through the construction of walkways and a clearly marked crosswalk through the propsed parking areas in order to connect directly to the proposed convience store. The convience store is lined with walkways and outdoor dining areas which are protected by bollards. 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 a convenience store is calculated at one (1) parking space per 200 square feet of gross floor area, a restaurant is calculated at 1 parking space per 100 square feet, and the common area is calculated at 1 parking space per 150 square feet. Gas stations are also required to maintain a stacking lane of 30 foot from the end of each gas pump island. Required parking is calculated to be 46 spaces total, based on the new structure comprised of a 2,540 square foot convenience store, a 2,689 square foot restaurant, and 890 square feet of common area. The site plan depicts 13 parking spaces immediately around the building, nine (9) along Congress Avenue, and another 28 spaces east of the building; totaling 50 proposed parking spaces. The design of the parking areas is sensitive to the neighboring residential properties to the north. In order to mitigate any parking or loading impacts to the residents, the proposal provides a twelve (12) foot landscaped buffer, a six (6) foot wall, and an additional fifteen (15) foot setback adjacent to the existing canal. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster is proposed at the north east corner of the property, setback approximately 30 feet from the buffer wall along the northern property line. The refuse area is screened by Page 29 of 101 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 4 both the six (6) foot wall and landscaping. 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. 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 site is adjacent to a drainange canal along the north property line. There is a single- family neighborhood on the oppisite side of the canal. In order to mitigate any adverse affects a gas station might have on the neighborhood, screening and buffering is required. The proposal provides a fifteen (15) foot setback from the property line, and a twelve (12) foot landscaped buffer with a six (6) foot wall along the nothern property line. The Landscape Plan (Sheet L-2) depicts assorted trees on the northern side of the wall, including, Yellow Elder, Pigoen Plum, Verrawood, and Splash Pine. The site also proposes a five (5) foot wide landscaped buffer to the east, and ten (10) foot wide landscaped buffers on the west and south sides. The plant materiel chosen will be native and/or drought- tolerant. 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 11 new light poles. In an effort to minimumize glare and impact on surrounding properties, the light fixures will be full cutoff design, and the light levels are depicted to be well below the code maximum of 5.9 footcandles. The canopy will have 24 LED recessed lighting fixtures. The building will have five (5) wall mounted fixtures and 24 can lights along the fagade to provide adequate lighting levels immediately around the building. Relative to signage for the project, the applicant proposes two (2), five (5) foot tall monument signs: one (1) at the entry on Woolbright Road and one (1) at the entry on Congress Avenue. Two (2) wall signs are proposed; one (1) on the west elvevation, facing Congress Avenue and one (1) on the south elevation, facing Woolbright Road. There are also a series of "canopy spanner: proposed on top of the gase pumps. Although codes currently prohibit electronic signs, recent legislative amendments prohibit the City from restricting the visibility of signage displaying gas pricing. The applicant has reference said state statue in justify the proposed monuments signs. This preemptive legislative requirement would only apply to pricing and not to other merchandise and other services. These signs have not been fully designed at this point, therefore staff recommends conditions of approval that require staff review and approval of sign design prior to permitting (see Exhibit"D" — Conditions of Approval). 7. Required setbacks and other open spaces. The proposed gas station building is proposed to meet or exceed the minimum setback requirements of the C-3 zoning district. Minimum setbacks are: front (south) required 20' — Page 30 of 101 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 5 provided 47.6'; rear (north) required 20' — provided 42.1'; side corner (west) required 20' — provided 202'; and side (east) required 0' — provided 201.7'. The closest residential structure is nearly 150 feet to the north, across the canal, separated by two (2) layers of landscaping and a proposed buffer wall on site. 8. General compatibility with adjacent properties, and other property in the zoning district. The gas station is generally compatible with the remainder of the commercial uses on the corridor and with the adjacent residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. Additionally, the building's large setbacks, intervening canal and appropriate buffering further the compatibility. The building's design is typical of most commercial structures with a mix of smooth plaster finish and clapboard siding, control joints raised plaster bands and cornices and soft earth tone colors (James Hardie "Artic White" and "Harris Cream", and Stucco Senergy "Meringue"). The balance of the building has a parapet roof design with a standing seam metal roof over the entrance, and eyebrow awning windows and doors. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The gas station convenience store is designed as a one-story structure, with the parapet wall at a height of 22'- 4" and the top of the hip roof entry feature at 33'-4", which is compatible with the structures on 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 enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. 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. The fueling stations are subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. All restaurant and convenience store activity takes place entirely within the fully enclosed building and no chimneys are needed, which can create noxious fumes. 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 Page 31 of 101 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 6 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. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 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 2.0 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. 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DU NAY Exhibit C Gnry Danny Hs„prm,s,aIho in, cfirawils a RS R -nk,P ormw bli;At2[ Oviowrre M,ke son Cdr thojo Akw n C.,,, Sco Hac14Ina u1, Fh c,llas h a e u a de AirdiryXaeiser Wawa Northeast Corner of Woolbrighta and Congress Avenue Conditional Use Justification Narrative Brightwork Acquisitions, LLC ("Applicant") is the contract purchaser of the +/- 2.14 acre parcel, generally located on the northeast corner of Woolbright Road and Congress Avenue ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is comprised of two parcels,whose Parcel Control Numbers are 08-43-45-32-00-000-3080 and 08- 43-45-32-00-000-3050. The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the interior parcel is vacant. The parcel located on the hard corner of Woolbright Road and Congress Avenue is developed with a PNC Bank, which has been closed and consolidated with another branch located approximately one and a half miles north on Congress Avenue. a 4 4"i`iA�z�. � t ma„ I ,a t Irs I m y t' ' IjI u- ,� tit is E w1 ,n �r t fi s t $S r 1-�, , 1, zwV slrow, sui,o-- 36 Rria ti RMQn, FL 1,3432T1 4:o '3 0C) lx `r. r ti 7; t 1 wwNmdrnj,'jb„,4'vlo,Onn, Page 38 of 101 The Applicant proposes to redevelop the Property with a vibrant+/-6,119 square foot Wawa ("Project"). In order to develop the Project,Applicant has requested a future land use map ("FLUM") amendment, rezoning, site plan approval, and a variance.Additionally,Applicant is also required to obtain conditional use approval for the gas station use because it is located less than two hundred (200) feet from the boundary of a residential zoning district (Chapter 3, Article IV, Section 3, Subsection D.46.a.11). Standards for Evaluating Conditional Uses Chapter 3,Article IV, Section 4 of the City's Land Development Regulations ("LDR") provides the standards used for evaluating conditional uses. Applicant will demonstrate below that the Project is consistent with the following standards: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; The Project provides ingress and egress on both the Urban Principal Arterial Road(Congress Avenue) and the Urban Minor Arterial Road (Woolbright Road) as well as cross access with the adjacent property to the east. The Project also provides two-way vehicular use areas throughout the site,which maximize the efficiency of traffic flow. The multiple access points combined with a variety of drive aisles throughout the site provide sufficient access in case of fire or catastrophe. Landscaped islands provide automobile safety in the parking lot. Bollards and crosswalks provide pedestrian safety around the perimeter of the building. Furthermore, the Project is subject to review and approvals from Palm Beach County with regard to traffic. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C1, 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 Project provides more than adequate parking on the Property. As such, sufficient parking on the Property creates little to no impact on adjacent and nearby properties. Additionally, the parking contains automobile and pedestrian safety features, such as landscaped islands and bollards. Because the Property is located on the hard corner of a major intersection, parking and loading has no impact to properties located to the west and south. The Project also has little to no impact on the adjacent property to the east, which is also comprised of a drive aisle and a parking lot for commercial retail strip uses. Finally,the Project is sensitive to the neighboring property to the north, which is a residential neighborhood. To mitigate any parking or loading impacts to the residents to the north, the Project provides a twelve (12) foot landscaped buffer, a six (6) foot wall, and an additional fifteen (15) foot setback adjacent to the existing canal. 3. Refuse and service areas, with particular reference to the items in subsection C1. and C2. above; 2 Page 39 of 101 Adequate refuse areas have been provided with sufficient access to the refuse areas for service. The refuse area is screened by both the six (6) foot wall and twelve (12) foot landscaping just south of the existing canal, which provides adequate protection for the neighboring residents to the north. The location of the refuse area for the adjacent property to the east is a mirror image; thus, the Project's cross access provides an efficient service area. 4. Utilities, with reference to locations, availability, and compatibility; The Project will be subject to concurrency review and will not have any impacts different from neighboring properties to the availability of public services or infrastructure. 5. Screening,buffering and landscaping with reference to type,dimensions,and character; As mentioned above, the Project provides a fifteen (15) foot setback, a twelve (12) foot landscaped buffer, and a six (6) foot wall just south of the existing canal. A five (5) foot landscaped buffer is proposed to the east, and ten (10) foot landscaped buffers to the west and south. 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's signs and proposed exterior lighting do not produce any glare that is detrimental to traffic safety or economic effects. Well planned lighting can help prevent accidents, deter crime, and maintain an attractive community environment.' Specifically, parking lots should be designed to provide the lighting necessary to facilitate the safe movement of pedestrians and vehicles within parking areas and prevent vandalism, auto theft, and personal crime.z This is especially important for gas station parking lots due to the high traffic of pedestrians and vehicles, and where the safety of the City's residents take precedence. The Project's exterior lighting has been well planned and utilizes today's technology, which can control glare and spillage with LEDs and shields. 7. Required setbacks and other open spaces; The Project exceeds all of the minimum setback and open space requirements. B. General compatibility with adjacent properties, and other property in the zoning district; The Project is more compatible with adjacent properties and other property in the zoning district. Applicant's Property is only one of four commercial properties remaining with an OC future land use designation that fronts Congress Avenue. By expanding the use options to a threshold similar to other properties along Congress Avenue, the Applicant is able to 1 hUps://www.village.germantown.vA.us/DocumentCenter/View/44 z htWs:llwww.village.germantown.wl.us/DocumentCenter/View/44 3 Page 40 of 101 propose a use that will serve the continuously expanding residential population along the Congress Avenue Corridor. Furthermore, City staff has indicated that market trends demonstrate more support for retail than for office development in the City according to the 1St quarter report by Cushman and Fields. Similarly, there is a need to rezone the Property to C3. When evaluating the zoning map holistically, a majority of the commercial properties fronting Congress Avenue are zoned C3 on the City's official zoning map. Applicant's Property is only one of three properties remaining that are zoned C1 fronting Congress Avenue. Thus, the Project minimizes land use conflicts and maintains the character of this major thoroughfare (FLUE Goal 1). Furthermore, the Project reduces uses that are inconsistent with the character of Congress Avenue by eliminating these future land use designations and zoning districts that are no longer consistent within the development pattern on Congress Avenue. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; The proposed building does not exceed the maximum height requirements and is comparable or less than adjacent and nearby properties. 10.Economic effects on adjacent and nearby properties, and the city as a whole; The Project will produce beneficial economic effects on adjacent and nearby properties as well as the City as a whole. Restaurants, convenience stores,fuel,and ATM's are some of the most complimentary uses to surrounding businesses and residential neighborhoods. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities (FLUE Policy 1.3.1.b). Property values of adjacent and nearby properties would increase because the proposed Project provides a staple retail service demanded daily by neighboring residents and businesses. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this Project. 12.Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Cha ter 3,Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part A Cha ter 15,Section 15- 8 and The proposed use is compliant with the operational performance standards listed in LDR Chapter 3, Article IV, Section 1. The proposed use does not produce nuisances and hazards in the form of noise, vibrations, particular matter, odor, toxic matter, fire, explosions, heat, humidity, glare, waste, or electromagnetic interference. The fueling stations are subject to 4 Page 41 of 101 federal and state safety standards,which provide protections from the nuisances and hazards of fuel. All restaurant and convenience store activity takes place entirely within the fully enclosed building and no chimneys are needed,which can create noxious fumes. 13.Required sound study and analysis.All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met;b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. Itshall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 5 Page 42 of 101 EXHIBIT D Conditions of Approval Project Name: Wawa Gas Station File number: MSPM 18-002 Reference: 3 d review plans identified as a Maior Site Plan Modification with a April 24, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. 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. 2. The number of gas stations allowed at an intersection is limited to two (2). If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 3. A minimum lot frontage of 225' is required along the two (2) arterial rights-of-way. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. Page 43 of 101 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT 4. Driveways shall be located a minimum distance of 30' from any property line. Neither driveway proposed meets this code requirement. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 5. Please provide a letter from LWDD allowing the landscaping proposed on the outside of the buffer wall, within their easement. If approval is not provided the site plan will require to be amended to accommodate all buffer landscaping on your property. 6. Please depict the use of two (2) colorful shrub species planted around the base of the monument signs. 7. Please place a note on Sheets Al through A4.1 stating that No store fixtures or other equipment over 42" in height shall be placed in front of vision glass so as to obscure any view into, or out of, the building. 8. Downspouts are required to be encased within architectural features. Please revise the drawings accordingly. 9. Any music or running ads streaming at the pump island canopy shall be discontinued between the hours of 7PM and 7AM to prevent impacts on nearby neighborhoods. 10. Revise landscape drawings to ensure that small sodded areas are omitted and replaced with ground cover plantings. 11. The swing gates for the new dumpster enclosure location will encroach into the drive aisle when in an open position. Please correct. 12. Sheet TM-1, Tree Mitigation, has a note indicating payment into the "City's Tree Fund", rather than mitigating those removed. The City no longer recognizes a tree fund. Therefore, please replace any material proposed to be removed with new/different material, or relocate more of the existing material proposed to be removed. Staff may permit some understory and accent plantings to account for some of the mitigated materials. 13. Please replace Sheets C-13 and C-14, as the reproduction of those sheets are blurred/smudged. 14. Sign bands are limited to 80% coverage and may not encroach on and architectural elements. Page 44 of 101 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 15. Canopy /under canopy signage is in excess of what is permitted. Staff recommends omitting the canopy sign (once sign is redesigned/sized to meet code it will not be legible) and keeping the under canopy signs. 16. Move the site address to be centered at the top of the monument signs. 17. Additional needed comments regarding proposed signage will be rendered at time of permitting. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\StaffReport\MSPM 18-002 COA.doc Page 45 of 101 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wawa Gas Station (MSPM18-002 / COUS 18-001) APPLICANT: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP APPLICANT'S ADDRESS: 14 Southeast 4th Street, Suite 36, Boca Raton, Florida 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 10, 2018 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. LOCATION OF PROPERTY: 2505 W. Woolbright Road and adjacent property to the east DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X 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\Wawa Gas Station\StaffReport\MSPM18-002_DO.doc Page 46 of 101 7.D. New Business 5/22/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/22/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Dog Activity World Group Conditional Use request (COUS 18-002)for a Pet Care (Boarding and Daycare)facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah W ickins. EXPLANATION OF REQUEST: Hannah W ickins, representing Dog Activity World Group- FL, LLC, is seeking conditional use approval for a proposed pet daycare business focusing on exercise, activities and training, with indoor boarding, and leased space for veterinary services and pet grooming, within an existing 20,000 square foot tenant space at the Shoppes of Woolbright. The Shoppes of Woolbright Planned Commercial Development shopping center encompasses approximately 32 acres at Woolbright Road and SW 8th Street, and includes Home Depot, Staples, Burger King, RaceTrac and Cracker Barrel, among several other tenants. The shopping center is part of the Woolbright Place development, which also includes the Planned Unit Development parcels immediately to the north, consisting of several residential developments, including The Vinings, Crystal Key and Aventine. The particular tenant space under consideration was previously occupied by The Picture Factory and then Bravo Supermarket. The applicant indicates the store will have a positive economic benefit to the surrounding areas and the City as a whole through job creation and an active business in the space. The applicant goes on further to indicate they would like to provide discounts for surrounding employees to bring their dogs to their location during the day when they go to work, and stop back by anytime during the day to check on their pets. The operator intends to hire seven (7)full-time employees immediately, with potential growth up to 10-12 full-time employees. Staff has reviewed the request and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees associated with permits for tenant build-out and certificate of use. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 47 of 101 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Survey D Drawings Floor Plan 1 D Drawings Floor Plan 2 D Letter Business Information D Letter Applicant Justification D Conditions of Approval Conditions of Approval D Development Order Development Order Page 48 of 101 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-031 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: May 1, 2018 PROJECT NAME/NO: Dog Activity World Group (D.A.W.G.) / COUS 18-002 REQUESTS: Approve request of Conditional Use application for a Pet Care (Boarding and Daycare)facility in an existing 20,000 square foot tenant space, located in Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 81h Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah Wickins. PROJECT DESCRIPTION Property Owner: Ocean Properties 777, LLC Applicant: Hannah Wickins, Dog Activity World Group - FL, LLC Agent: Hannah Wickins, Dog Activity World Group - FL, LLC Location: 1510 SW 8th Street, located in Shoppes of Woolbright, at the northeast corner of Woolbright Road and SW 8th Street (see Exhibit "A" — Location Map) Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Planned Commercial Development (PCD) Proposed Land Use: no change proposed Proposed Zoning: no change proposed Proposed Use: Pet Care (Boarding and Daycare) in an existing 20,000 square foot tenant space Acreage: 2.036 acres (tenant site) Adjacent Uses: North: Vacant retail building (former Home Depot Expo) within the PCD (Planned Commercial Development) zoning district, then farther north right-of-way of Morton Way; Page 49 of 101 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 2 South: Existing retail building (Home Depot) within the PCD (Planned Commercial Development) zoning district, then farther south right-of-way of Woolbright Road; East: Right-of-way of the CSX Railroad, then farther east right-of-way of Interstate 95; and West: Other retail bays and commercial buildings within the Shoppes of Woolbright shopping center, in the PCD (Planned Commercial Development) zoning district, then right-of-way of SW 81h Street. PROPOSAL Hannah Wickins, representing Dog Activity World Group- FL, LLC, is seeking conditional use approval for a proposed pet daycare business focusing on exercise, activities and training,with indoor boarding, and leased space for veterinary services and pet grooming,within an existing 20,000 square foot tenant space at Shoppes of Woolbright. Per Chapter 3, Article IV, Section 3.D. (Use Matrix) of the Land Development Regulations(LDR), Pet Care (Grooming) is a permitted use in the PCD zoning district, as is Pet Care (Veterinary), and Pet Care (Boarding and Daycare) is allowed as a conditional use. A conditional use is defined in the LDR as a use that because of special requirements or characteristics may be allowed in a particular zoning district, but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. No external kenneling is allowed, either as a principal or accessory use in the PCD zoning district. BACKGROUND The Shoppes of Woolbright Planned Commercial Development shopping center encompasses approximately 32 acres at Woolbright Road and SW 81h Street, and includes Home Depot, Staples, Burger King, RaceTrac and Cracker Barrel, among several other tenants. The shopping center is part of the Woolbright Place development, which also includes the Planned Unit Development parcels immediately to the north, consisting of several residential developments, including The Vinings, Crystal Key and Aventine. The particular tenant space under consideration was previously occupied by The Picture Factory and then Bravo Supermarket. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Chapter 3,Article IV, Section 4 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. The applicant has submitted a Justification Statement that addresses each of the conditional use standards (see Exhibit "C" — Justification Statement). Following each of these standards below is the Planning and Zoning Division's evaluation of the application as it pertains to the conditional use standards. Per the LDR, the Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of the zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria below, or deny conditional uses when not in harmony with the stated purpose and intent of ensuring compliance, public purpose, and compatibility. 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 Page 50 of 101 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 3 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. This application proposes no revisions to the existing vehicular circulation patterns and approved ingress and egress locations for the site. The site currently has six (6) points of vehicular ingress/egress for the shopping center, four (4) along the east side of SW 81h Street and two (2) along Morton Way. Additionally, there is internal cross-access from all of the buildings within the shopping center. No new traffic patterns will result from the proposed use and existing pedestrian circulation will remain the same. Customers for the proposed pet care facility would drop off their pets and pick them up utilizing the parking spaces immediately west of the tenant bay. The operator is considering some type of drop off immediately in front of the building. Should that be proposed, the concept would be presented to staff for evaluation and feasibility. The site provides adequate access and circulation for the general public, service deliveries, and emergency personnel and apparatus. The existing loading area in the rear (east side) is proposed to be converted to a fenced outdoor pet relief area, complete with synthetic turf for ease of cleanup.This fenced area will not affect traffic or pedestrian flow, or deliveries to adjacent tenants. The five (5) existing building ingress/egress points will be maintained for the new tenant, in order to insure safe means of egress from the structure for the animals, employees and customers in emergency situations. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odoreffects the conditional use will have on adjacent and nearby properties, and the city as a whole. There will be no change to the off-street parking with the requested conditional use. As mentioned above, the existing loading area at the rear of the building is proposed to be converted into a fenced outdoor pet relief area along the east facade of the building, as the proposed use as a dog daycare and boarding facility does not require the loading dock operation. The fence will be six(6) feet in height and screened to prevent a view in or out. The operator indicates that they would intend to take no more than 5 to 7 dogs out at one time to relieve themselves, and that the space is not intended as an outdoor run or play area, as those activities occur within the building. So, according to the operator, no dogs will be left unattended outside, they will be out only briefly, and any dog waste will be removed and disposed of immediately. Further, the proposed conditional use will not create additional parking demand within the shopping center, and the provided parking and vehicular circulation conditions are adequate forthe proposed use. The shopping center is required one (1) parking space per 200 square feet of gross floor area, and Pet Care requires less parking at one (1) parking space per 300 square feet. The proposed tenant will not generate additional demand for loading or deliveries above and beyond the other tenants within the plaza, nor generate objectionable glare, noise or odors.An off- site waste removal system is proposed for all pet waste. Waste will be manually picked up and stored in an airtight odor-free container for off-site removal and disposal. For clean-up the tenant will use an organic and highly safe odor removal cleaning solution designed specifically for pets. Page 51 of 101 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 4 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. No changes are proposed to the current refuse or service area. The proposed use will not generate any industrial, manufacturing, special or hazardous waste, or airborne pollutants. As noted above, all animal solid waste will be collected and stored in an airtight odor-free storage container, then disposed of in a weekly or semi-weekly basis by a service. Therefore,the proposed use will not negatively impact the health, safety, or welfare of the surrounding properties. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer, are available to the site and for use by all of the tenants. As a tenant within the shopping center, the proposed use will not represent an increase in demand for City utilities. No changes are proposed to the existing utilities. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The existing landscaping for the shopping center and developed outparcels provide adequate screening and buffering of the proposed use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The existing lighting is compatible with surrounding commercial and residential properties and the proposed signage will be required to be in harmony with the existing shopping center master sign program design requirements of the Shoppes of Woolbright PCD. No new lighting is proposed with this request. 7. Required setbacks and other open spaces. All setback and open space requirements were met with the approved site plan for the shopping center. The proposed conditional use will not impact the setbacks or increase building square footage. 8. General compatibility with adjacent properties, and other property in the zoning district. Surrounding properties at this commercial node are similarly zoned and contain a mixture of commercial and multi-residential uses. The applicant believes the addition of the proposed pet daycare will be an asset to the surrounding properties by providing new, different and needed pet services to the public, as well as complement the current uses of the shopping center. No exterior building modifications are proposed, thus keeping the aesthetics of the shopping center intact and maintaining compatibility with adjacent properties. The proposed fence will be at the rear of the property, not visible to other than service and delivery functions. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The building height will not be altered and the shopping center will be maintained as a one-story structure which would not adversely impact the surrounding community. The heights of all buildings Page 52 of 101 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 5 on site are in accordance with the approved site plan and are compatible with other commercial and residential properties in the vicinity. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The applicant indicates the store will have a positive economic benefit to the surrounding areas and the City as a whole through job creation and an active business in the space. The applicant goes on further to indicate they would like to provide discounts for surrounding employees to bring their dogs to their location during the day when they go to work, and stop back by anytime during the day to check on their pet. The operator intends to hire seven (7)full-time employees immediately, with potential growth up to 10-12 full-time employees. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan. The proposed pet daycare would be one of several tenants within the existing Shoppes of Woolbright shopping center. The shopping center is located in the Planned Commercial Development (PCD) zoning district. The purpose of the PCD district is to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services. The applicant believes they will bring new people to the shopping center who will also patronize the other businesses. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 of the Land Development Regulations, and the Noise Control Ordinance, and City Code of Ordinances Part ll, Chapter 15, Section 15-8. The proposed use would conform to the operational performance standards of the City's code and shall be constructed, maintained, and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation as outlined in Chapter 3, Article IV, Section 1 of the LDR. No adverse impacts specifically related to sound quality are expected, and the property would remain in compliance with all applicable noise control ordinances. 13. Required sound study and analysis. All conditional use applications forbars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer. Based upon the proposed use, this application is not subject to the sound analysis requirements. RECOMMENDATION Based on the details contained in the above evaluation and analysis, and compliance with all applicable development regulations, staff recommends APPROVAL of this request, subject to conditions contained within Exhibit"D"—Conditions of Approval. The expiration of the conditional use shall be 18 Page 53 of 101 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 6 months, unless applicable building permits and/or certificate of use are issued or an extension request is filed prior to the expiration. 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Rl Cl _ - - e U 1 i 0 �- _. a I i Q , 3 O W 4 o , w 4 I R LW �W w� w Q, b 1£b££'u'aWsH v-wH-9SOZ wins-A-g4mlRw23N0086 SIOZ-68Z(19S)AaJ-ww•dno�aola ax:/rem-g T'�XOZi:LLN170JH.�V3dSNTVd o i. L000-666(19SI-d-LLS0-19£79S)�a9d. 11JYe?BNQG..SOH Z w 9L££1 X6' .19MSLURIHSOUI 3 ti 0£££000V6•W'�F1-"Rq-. SAO HU 1d$ DM V Q Q e aui` noa�u 1saQ V x - Nv7d 90071 U ` ` w Q \ U w Lly LLI I \` � � I LLI � � I I , I I � I I Z Z 4 O U 0 w n i i U 0 � � U O ! Z C) m0 (x (P w (S) 0 � 11,1 w n, w Lu T w � w w � p w Z w p X X w OQ ww J F w 61m (L/ pO (L 1 o (Y X <[ (k B O tt 4 0, (K d I p w (L N 0 O Z � � C1 Z Z w (f) a w D7 V w ZF=- pU � 0 U i ~ 0 = ly cv ? w Z Z LU O (L pW � O u4t Xi uuiiV q ry wN u > -1 w (k �I W wwz -ci w E Q p w 1U ° > } p ? V lyOL1 � q (L o-i- 4 -4 = L...._._._._._._._ f l�od .� ttas J,cl1NEI 1NOcJH Exhibit C1 WHAT IS . . Dog Activity World Group a.k.a. D.A.W.G. is a new concept in Dog Daycare. OUR MISSION: Looking at the world through the eyes of a Dog. Providing a safe, sanitary, fun environment for these amazing selfless animals to experience immeasurable happiness and be entertained with numerous activities while providing them with complete mental, physical and emotional stimulation! Traditional Dog Daycares: Traditional Dog Daycare facilities primarily have a bunch of dog categorized by size and for the most part the dogs do nothing but stand around all day. Some of the fancier places have an outdoor pool with lounge chairs and the dogs get to splash around in 90 degree heat all day long. What a es us different? When you bring your dog to a D.A.W.G. facility, you can expect that your beloved pet will not stand around all day, in fact it is quite the opposite. We are unique in that we offer activities and exercise for Dogs all day! Did you know that over 50% of dogs are quite severely overweight? With the intense heat here in South Florida giving your animal enough exercise and not getting them worn down with the heat is quite a task! That is why we would like to have this 20,000 SF indoor air-conditioned facility to provide this service! Dogs benefit in a multitude of ways from exercise: • Strengthens Bones & Muscles • Improves Behavior • Slows Aging • Combats Obesity • Removes Toxins • Prevents Diseases • Promotes Weight Management • Supercharges Immune System • Enhances Senses • Boosts Brain Function JftEMZMff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 61 of 101 The goal of a business like mine, is to give dogs complete mental, physical and emotional stimulation every day! I will accomplish this through a large variety of fun activities and exercises, here are just a very few: • Ball Pits • Large Agility Balls • Brain Stimulating Games • Treadmills (For Dogs) • Bubble Machines • Splash Zones • Ball launchers • 170 ft Lure Run I will also offer these additional services on a daily service: • Valet Drop-Off& Pick-up • Training & Obedience Classes • Pet Massages (Sub-Let) • Photography Sessions • Small Birthday Paw-ties • Daycare & Boarding • Webcams • Real time text alerts & updates • Grooming (Sub-let) • Vet consulting services (Sub-let) Here is a description of each service I provide: Valet Drop-Off& Pick-up: Before anyone even enters we have set up a process to cater to the client by offering free valet service. Essentially the client will never have to step out of their vehicle if they chose not to. Everything can be signed electronically, with all our safety checks and security measures in place, we are able to collect their pets from their vehicles and at pick up go through the checkout process before they even arrive. At that time, we simply collect their dog and load it into the car for them. JftEMzMff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 62 of 101 Training & Obedience: For those Dogs that need a little more training we provide training in conjunction with daycare at an additional charge. It allows the client to receive a much more balanced and controllable pet while providing much needed socialization for the dog at the same time. This service is also offered at an additional charge for our clients. We will also have classes available for the client and pet to both come and learn from. Pet Massages (Sub-Let): Who would not want a nice relaxing cool down massage after a fun day of activities. I plan on having someone come in a couple of days a week just for this purpose and to spoil dogs. Also, the older dogs greatly benefit from it to with their hips and other symptoms. Photography Sessions: We believe in being the whole package! We will have a designated room set up with back drops and photo props dedicated for use as a photography studio. There is a huge demand for pet owners that want classic photos with their family and beloved dogs. We will make this service available to our clients. Small Birthday Paw-ties: We are planning on hosting small Birthday parties for dogs. Every dog who has a birthday will get a complimentary photo shoot with a couple of his best pals, small treats and goodies will be given, and the dogs will be celebrated. Webcams & Text: We will also have state of the art cameras monitoring every inch of the premises, our intent is that when your dog enters any sort of play area, you will be notified via text and will have the ability to log in and watch. The other advantage we offer will be the use of technology to keep clients informed about their pets just as we would like to be informed about our children. As such, when your dog gets fed, let J&EMZmff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 63 of 101 out, or given medication... it's a simple check mark on the tablet and you will receive notifications of what is going on in real time with your beloved animal. Grooming (Sub-let): We plan on having a full-service groomer sub-let the premises and the dogs that come to grooming will enjoy a free day of daycare while there. Vet consulting services (Sub-let): We will have a vet on call at all times but also will be on site at regular times throughout the week for consulting with client's pets and keeping up with any necessary vaccines etc... Local De Potential Client Base- Numbers supplied from City-Data.com 2016 Number of households in surrounding cities: Boca Raton 54,811 Boynton Beach 36,977 Delray Beach 33,945 Lake Worth 16,134 Wellington 24,840 West Palm Beach 54,172 TOTAL 220,879 Households 220,879 x 36.5% = 80,620 dog owning households in this area. 80,620 x 87.5% = 70,543 households above poverty level that can afford our services. (poverty level is 12.5%) 70,543 x 1.6 = 112,869 potential dogs in the surrounding cities that would likely use our services. (Approx. 1.6 dogs per household) J&EMZmff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 64 of 101 Another way to look at the numbers: Building location zip 33426: There are approx. 3,594 people per square mile. Multiply this by a 5-mile radius = 280,332 people 280,332 / 2.0 (average Individuals in households FL) = 140,166 Households 140,166 x 36.5% = 51,160 Households with Dogs 51,160 x 87.5% = 44,765 Households with Dogs above poverty level that could afford our services. 44,765 x 1.6% = 71,624 potential dogs that can use our services within a 5-mile radius. IMPORTANT BUSINESS INFORMATION: This business is strictly a service related business, there will be absolutely NO selling of animals of any kind! ! On the flip side, I do plan on hoping to team up with Peggy Adams, Big Dog Ranch Rescue, and various other adoption facilities to host adoption days for them to help get some of the many pets adopted across our counties and bring awareness to animal care and control, spaying and neutering etc. . . J&EMMUEff g � �1 � l I Ill�l rn'(��il yy1`I (�I�h��, �� Page 65 of 101 THE BUILDING LAYOUT The building is a blank canvas of 200' x 100'. The Interior of the building will for the most part be wide open space with allocated areas for an Activity Arena, Large and Small Dog Area and also a Long Dog run. There will be space allocated for a vet consulting office and groomer to sub-let. A training classroom, massage room, kitchen and Photo studio. The area that is already separated at the rear of the building will be fitted with Luxury kennels of various sizes and we will also have a laundry room back there. We will work with the sublet grooming and veterinarian consulting services, so their clients animals can have a partial day of daycare to eliminate their need for having to wait for the services to be finished. The Dog Areas in Green will be surrounded by white picket fences at a minimum of 5 — 6 ft height with secured entrances on all surroundings. The ceiling will have sound buffering acoustical tiles hanging that will not interfere with any of the sprinkler heads so to capture, eliminate any echoing of vibration sounds and reduce overall noise. Compared to a traditional dog daycare dogs will be considerably quieter because of the simple fact that they are being entertained and exercised all day long as opposed to standing around and doing nothing. The beauty of this building is that it is a former grocery store and has over 25 existing floor drains, this is great because we plan on installing a rubberized `Air Drain' system on the pitched concrete and then artificial turf on top of that. Everything in the facility will be set up so it can be washed down at the end of every day and sanitized. We plan on installing the best Hepa filtration system available for air circulation. J&EMZmff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 66 of 101 Exhibit CMZ 1510 SW 81" Street, Boynton Beach Conditional Use Application - Response 1. Ingress & Egress: There are 5 areas of ingress and egress to the building. One main entrance double door on the front west entrance. Two separate single doors on the south side of the building, one on the SE corner, the other closest to the SW corner of the south entrance, one loading dock overhead door on the east entrance and also a single door on the east entrance. In the event of an emergency, the dogs will be leashed and immediately taken outside the nearest exit door. All of these doors are operational and will remain operational at all times. 2. Off-street parking and loading areas: There is already an establish traffic pattern in process and that works wonderfully for our use. We do not plan on changing any of the current system. 3. Refuse and Service Areas: We will house any refuse and service items on the rear SE corner of the building and get these emptied semi-weekly at the minimum. 4. Utilities We plan to use all the existing utilities that are currently in place with the exception for the need for natural gas. We do not need natural gas. 5. Screening, Buffering and landscaping: We would like to erect a 6ft screened chain link fence with some sort of sound buffering and privacy screen on both sides surrounding the rear of the property (See Exhibit A) and loading dock area for a pet relief area. It would have a gate to the refuse area but would be secured at all times for the security of the dogs.There will be no more than 5- 7 pets taken out at a time for relief purposes only. Their excrement's will be immediately picked up and disposed of and the animals will be quickly taken back inside. This area will also have some sort of shading structure (large Umbrellas or awnings) and artificial turf for the animals, so they don't get hot. 6. Signs, and proposed exterior lighting: On the main front West elevation of the building we would like to erect a 73" x 138" 12 volt LED, flush mount plastic face, per code sign above the main entrance. This sign would not face traffic, so it should not be an issue. It should however add a decent amount of light to the existing parking lot and make it a brighter and safer place for all of those shopping at Home depot after our business hours are closed. On the main pylon we would like to install two 80" x 42" Digital print flax-face tenant panels, again according to city code. I have attached my trademark paperwork that is in process of being approved. 1 have attached the Sign documentation! 7. Required Setbacks: Not changing the property so this should be N/A. J&EMMEff � �,�� ilii, �,��I��I'i (, �h��, �� Page 67 of 101 8. General Compatibility with adjacent properties: I see a very good compatibility with the adjacent properties, I would like to offer them a deep discount to their employees if they want to bring their dogs to us during the day. They can feel free to stop over and check on them whenever they please and as a whole they should feel guilt free about leaving their pets for longs hours. The parking should never be a problem as I don't foresee us utilizing a great deal of parking spaces, so it should be conflict free. I also plan on offering, Military, law enforcement, government employees and elderly discounts as well. 9. N/A 10. 1 see this to be an extremely beneficial arrangement between all adjacent properties. Not only will the uniqueness of the business I am offering bring new people to the area, however Home depot and the surrounding businesses will also get to benefit from those customers as well. With so much talk in Boynton and the dog beach, this just adds so much more Dog Friendliness to the city of Boynton Beach. The plaza in itself is run down, the building has been vacant for years, yet it's a perfect spot for what I am trying to accomplish. Its centrally located, and easy for people to drop their dogs of on the morning commute or on the way to either airport. This facility in Boynton can really set things apart because nothing like this exists anywhere. I will be offering a minimum of 7 full time jobs to start and possibly up to 10-12. As far as the city is concerned, I see my service as very unique... the amount of people that have dogs in Boynton beach and our surrounding cities is astronomical. I certainly see many people coming from different cities to bring their dogs to experience something unique and fulfilling, as such they are likely to dine at the local establishments in the area too. Here is some data: Local Demographics — Potential Client Base: Numbers supplied from City-Data.com 2016 Number of households in surrounding cities: Boca Raton 54,811 Boynton Beach 36,977 Delray Beach 33,945 Lake Worth 16,134 Wellington 24,840 West Palm Beach 54,172 TOTAL 220,879 Households 220,879 x 36.5% = 80,620 dog owning households in this area. 80,620 x 87.5% = 70,543 households above poverty level that can afford our services. (poverty level is 12.5%) J&EMMEff � �,�� iiia, �,��I��1'i (, �h��, �� Page 68 of 101 70,543 x 1.6 = 112,869 potential dogs in the surrounding cities that would likely use our services. (Approx. 1.6 dogs per household) Another way to look at the numbers: Building location zip 33426: There are approx. 3,594 people per square mile. Multiply this by a 5-mile radius = 280,332 people 280,332 /2.0 (average Individuals in households FL) = 140,166 Households 140,166 x 36.5% = 51,160 Households with Dogs 51,160 x 87.5% = 44,765 Households with Dogs above poverty level that could afford our services. 44,765 x 1.6% = 71,624 potential dogs that can use our services within a 5-mile radius. Of course, these numbers for Boynton do not include all the new high-rise developments that will soon be built that are steps away from the building. I shall also be offering bulk discounts to those facilities to promote my services which is a win-win so small dogs are not cooped up all day long. **Did you know that annual spending on pets nationwide is estimated at$72 Billion this year, up from$67 Billion in 201611 11. N/A- Not changing to mixed use 12. Compliance with and abatement of nuisances and hazards: Noise... I will be buffering noise with acoustical sound panels hanging from the ceiling (not interfering with the sprinklers) My facility is an activity world where the dogs are consumer with a variety of fun events and non-stop activities. They shouldn't be making noise, they should be having fun keeping busy! Odor... As soon as an animal relieves itself outside it will be picked up by staff and properly disposed of. Animals will be outside in no larger groups of max 5-7 dogs for no more than 5 min at a time and always supervised. 13. Sound Study: N/A. Not a bar or nightclub J&EZ=ff � �,�� iiia, �,��I��'i (, �h��, �� Page 69 of 101 J&EMMEff Page 70 of 101 J&EMMEff Page 71 of 101 EXHIBIT "D" Conditions of Approval Project Name: Dog Activity World Group File number: COUS 18-002 Reference: 2nd review plans identified as a Conditional Use with an April 17, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At time of permit submittal, please indicate if there are any utility lines within the area proposed to be fenced at the rear of the building. FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: 2. At time of permit submittal, please add a general note to the site plan that all plans submitted for permitting shall meet the City's codes and the applicable building codes in effect at the time of permit application. 3. At time of permit submittal, please provide signed and sealed working drawings of the proposed construction. 4. At time of permit submittal, please provide additional information on the fire protection systems. 5. At time of permit submittal, please provide plans denoting plumbing fixtures calculations, accessible toilet facilities, and drinking fountains. 6. MEP plans along with shop drawings will be required at time of permit application submittal. 7. At time of permit submittal, please provide a revised Life Safety plan. Page 72 of 101 Dog Activity World Group (COUS 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 8. Any proposed signage shall comply with the adopted sign program for the Shoppes of Woolbright master signage plan. 9. 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. 10. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. 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\Dog Activity World Group\COUS18-002\COA.doc Page 73 of 101 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dog Activity World Group D.A.W.G. (COUS 18-002) APPLICANT: Hannah Wickins APPLICANT'S ADDRESS: 1510 SW 8th Street, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 19, 2018 APPROVAL SOUGHT: Conditional Use approval for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space, located in Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. LOCATION OF PROPERTY: 1510 SW 8th 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\Dog Activity World Group\COUS 18-002\DO.doc Page 74 of 101 7.E. New Business 5/22/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/22/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. EXPLANATION OF REQUEST: Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The various amendment to the LDRs would establish zoning provisions for, and/or eliminate barriers to: 1) The sale of outdoor recreation merchandise including camping equipment, RV's and Boats; 2) Offices for civic and fraternal organizations; 3) Contractors offices; 4) Crematorium services; 5) District energy plants and other utility infrastructure intended to serve a specific area of the City such as a single project or multiple developments; 6) The rental of moving vehicles and equipment; 7) Diet and nutrition services; and 8) The sale of motor vehicles that are manufactured, assembled, or customized on-site as an accessory use. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: Page 75 of 101 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report and Proposed Amendments Page 76 of 101 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-035 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Zoning Use Amendments (CDRV 18-003) Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. EXPLANATION & PROPOSED AMENDMENTS Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) intended to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The proposed amendments are relatively simple and therefore have not involved significant analysis and documentation. These proposed amendments are described briefly below and within the marked-up excerpts from the LDR as provided in Exhibits "A" and"B": • Camping equipment, RVs and Boats — Staff proposes amendments to a definition for a use, and to the restrictions on the exterior storage of merchandise to accommodate the retailing of outdoor recreational merchandise. The zoning use labeled "Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store"is defined to include businesses that retail a host of products ranging from art supplies to toys. As part of the sporting goods group in the definition, staff proposes to include camping equipment, boats, trailers and recreational vehicles to clarify the range of goods allowed. Staff also proposes that the regulations on the permanent outdoor storage or display of merchandise be amended to accommodate such oversized items on-site without negatively affecting the site or abutting properties. • "CIVIC & FRATERNAL CLUB/ORGANIZATION"— This principally office use was possibly inadvertently excluded from the Planned Industrial Development District (PID) - 1 - Page 77 of 101 when previously identifying and amending the LDR regarding non-industrial uses within the City's industrial areas, namely the planned industrial parks or PIDs. Unlike the other PIDs in the City, the Quantum Park PID master plan contains parcels solely designated for office uses. Staff proposes that the Zoning Use Matrix be amended to add this use back to the PID District, for those parcels designated for such offices use, consistent with the regulating of other business offices. • "CONTRACTORS" The City's Zoning Regulations include definitions for "Contractor" and "Contractor's Workshop". While "Contractor's Shops" are defined to describe the different light industrial processes that a contractor would typically operate, including storage of materials and vehicles, the definition for "Contractor" only includes the different trades that make up the "Contractor" category but not the performance characteristics of the business operation. Staff on occasion has administratively interpreted this use to mean the business office for the Contractor; however, the Zoning Matrix does not allow the "Contractor" use within the C-1 (Office Professional) Zoning District. Staff proposes to separate the term/definition for "Contractor" into two separate terms/definitions to clarify and differentiate accordingly. The Zoning Matrix would also be amended to recognize the contractor's office use (under the "Office and Healthcare" Category), to be allowed in the office and commercial districts, as well as in the PID district. • Crematorium —The City's current Zoning Regulations only permits this aspect of funeral home services if accessory to a Funeral Home or Cemetery. Staff has received inquiries and requests for "stand alone" crematorium services, including for pets. The proposed amendments would add a term/definition for a "Crematorium", and provisions within the Zoning Matrix to accommodate said uses in the City's two industrial districts, M-1 and PID, Planned Industrial Development District. Related to past inquiries, staff also proposes the minor amendment to the definition for Funeral Home to include crematorium services for pets. • "ESSENTIAL SERVICES AND INFRASTRUCTURE" The current definition for this term is proposed to be expanded to include infrastructure that has a purpose of supporting a specific (rather limited) geographic area of the City such as a single project or multiple developments. This amendment would support, in part, the use of district energy plants (DEP) within the City including the planned facility at the Town Square project. Currently, such infrastructure would be defined along with the large, city-wide utility plants titled "Government, Municipal Utility/Support Facility", and would therefore be limited to the City's Public Usage zoning district. Given the purpose and size of a DEP, it is important and appropriate to allow such facilities within various zoning districts, in addition to the Public Usage zoning district. As indicated in the following excerpt from the Land Development Regulations (Chapter 3, Article IV, Section 3.13.9), "Essential Services and Infrastructure" are allowed in all zoning districts: "9. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1, Article II are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as -2- Page 78 of 101 landscaping or other types of screening, may apply on a case-by-case basis as determined by the Director ofPlanning and Zoning. " • Rental of moving vehicles and equipment - In response to past inquiries about locations where moving trucks and related equipment can be rented, staff proposes to amend the definitions for `Packing & Shipping, Trucking and Moving", and "Storage, Self- Service" to allow the rental of said vehicles and equipment as accessory to these principal businesses. For user-friendliness, the Zoning Matrix would also be amended to include this accessory use. • "DIET AND NUTRITION CENTER" — This use is organized in the Zoning Matrix under the "Office and Healthcare" group, but is the only use in that group that is not allowed within the C-1, Office Professional zoning district. Staff proposes to amend the Matrix to allow this use within the C-1 district similar to how the matrix regulates doctors offices, counselors, real estate offices, banks and financial offices and general business and professional offices. • Sale of motor vehicles manufactured, assembled or customized on site — Although not common throughout the City, there are businesses that engage in the assembly and customizing of motor vehicles (including motorcycles). To support such business enterprises, staff proposes the simple amendments to the Zoning Matrix Notes to increase the sales provisions if accessory to the principal use including the manufacturing, assembling or customizing of motor vehicles. The regulations still prohibit the outdoor display of merchandise, for parking capacity and aesthetic reasons. However, most sales by such businesses are conducted using trade publications and the internet. CONCLUSION/RECOMMENDATION Staff proposed the subject amendments to the LDR to support business retention, attraction and expansion. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 18-003 Matrix&Notes Updates\Staff Report.doc - 3 - Page 79 of 101 EXHIBIT "A" PROPOSED AMENDMENTS CODE OF ORDINANCES PART IIL LDR, CH. 1,ART. IL DEFINITIONS: ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters);, camping equipment, boats, trailers and recreational vehicles, or 6) toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a "motorcycle" and regulated as a NEW or USED "CIVIC & FRATERNAL CLUB/ORGANIZATION" - A registered association of persons for the promotion of some non-profit common objective, involving literature, science, politics, or community service, which meets periodically and is limited to members and guests. This use and/or establishment is primarily comprised of the office function of the organization suporting administrative and business affairs, document storage and maintenance, and meeting facilities for members and guests. CONTRACTOR - A contractor undertakes trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, plumbing, roofing, paving, underground, and landscaping. This establishment is limited to the office and administrative function of a Contractor. This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically used in providing services by the contractor, and not commonly used for general transportation purposes on a day-to-day basis by employees. Such storage and operation is allowed at a Contractor's Workshop (See"Contractor's Workshop"). CONTRACTOR'S WORKSHOP– The functions of a Contractor establishment Ali efielese —oa f r including the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage. This may also include the administrative function of a Contractor. CREMATORIUM–An establishment containing properly installed, certified aparatus used in the act of cremation. ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the public. This includes but is not necessarily limited to infrastructure and facilities intended to support a limited service area of the City such as lift stations, district energy plants, and power substations. This use excludes wireless communication facilities (WCF) as defined in the Land Development Regulations Chapter 3, Article V, Section 13. -4- Page 80 of 101 FUNERAL HOME - An establishment engaged in preparing the dead (including pets) for burial or interment and conducting funerals (i.e.,providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). This would include a crematorium as an allowable accessory use. PACKING & SHIPPING, TRUCKING, AND MOVING - An establishment primarily engaged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road transportation of cargo using motor vehicles, such as trucks and tractor-trailers. Accessory to this use includes the rental of moving trucks, trailers and related equipment and accessories. STORAGE, SELF-SERVICE - An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited-access and multi-access facilities. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing,toring, and moving of personal items, as well as the rental of moving vehicles, trailers and related accessories. CODE OF ORDINANCES PART IIL LDR, CH. 3,ART. IV., SECTS. 3.D: Matrix Footnotes No. 44 and No. 45: 44. Auto Dealer, (New &Used). a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. b. MU-L3 district and MU-H district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials,parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article 111, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. c. M-1 district. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and"FRetail"use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. - 5 - Page 81 of 101 b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights- of-way, with the exception that a single merchandise item may be visible from abutting rights-of- way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent"adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU-4 District and MU-H District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand(10,000) square feet. The sales,rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f. PID District. Required conditional use approval. Also,within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R (with retail sales) option. Inventories must be stored/displayed indoors. CODE OF ORDINANCES PART IIL LDR, CH. 3,ART. V., SECTS. 5 & 8: Sec. 5. Exterior Display of Merchandise. A. Districts. The temporary exterior display of retail merchandise is allowed in all commercial and mixed use zoning districts. B. Type of Merchandise. The temporary exterior display of retail merchandise is allowed, provided that said merchandise is sold by the operator of the respective business occupying the establishment, and is of the same type of merchandise typically sold within the building. C. On-Site Location. The temporary exterior display of retail merchandise shall be completely contained within the boundaries of the subject property or leased parcel. Retail merchandise shall be displayed on hard surfaces only and if placed within walkways, shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. Merchandise shall not be placed within easements, landscaped areas, required off- street parking and vehicular use areas, rooftops, or anywhere that would create a hazard to the public. Any property owner desiring to display merchandise within off-street parking areas would need to obtain a special sales event permit in accordance with Section 6 below. D. Hours of Display. Retail merchandise shall be secured and stored inside a principal or accessory building at the close of business hours,unless said merchandise is placed on-site more than three hundred (300) feet from any arterial or collector street right-of-way and complies with the location criteria of paragraph C. above or approved as part of a special sales event, as described in Section 6 below. If abutting a local street, landscape buffering must meet or exceed - 6- Page 82 of 101 the minimum standards of Chapter 4, Article II to minimize any visual impacts upon abutting right-of-way or nearby properties. In these instances, merchandise may remain outdoors after business hours, contingent_ upon review and approval through the site plan modification process. E. Miscellaneous. 1. Live Plants. The exterior display of live plants in connection with a nursery, garden center, and farm supply establishment is exempt from the three hundred (300)-foot distance requirement of paragraph D. above and may remain outdoors after normal business hours provided that its placement complies with the location criteria of paragraph C. above. 2. Seasonal Sales Event. See Section 7 below for additional regulation regarding the seasonal sales event and the temporary exterior display of Christmas trees,pumpkins, and fireworks. 3. Permanent Exterior Storage of Merchandise and Equipment. See Section 8 below for the permanent exterior storage of retail merchandise or equipment. Sec. 8. Permanent Exterior Storage of Merchandise and Equipment. A. Purpose and Intent. The purpose and intent of these Regulations is to establish minimum requirements for the permanent exterior storage of retail merchandise or equipment, in order to discourage the exterior placement of said merchandise or equipment in an unsightly, distracting, cluttered, or hazardous manner. These Regulations shall not supersede, but rather supplement any specific regulations pertaining to the exterior storage of merchandise or equipment as a principal use. B. Districts. The permanent exterior storage of retail merchandise or equipment is allowed in the C-3, C-4, PCD, PID, and M-1 zoning districts. C. Site Plan Required. The area allocated for the permanent exterior storage of retail merchandise or equipment shall be shown on the site plan in accordance with Chapter 2, Article 11, Section 2.17. D. Type of Merchandise/Equipment. The permanent exterior storage of retail merchandise or equipment is allowed,provided that said merchandise/equipment is owned by the operator of the respective business occupying the establishment, and is of the same type of merchandise or equipment typically sold or stored within the principal building. No exterior storage of building or construction materials shall be allowed anywhere, except for that which is stored in connection with a lawfully operating business (e.g., CONTRACTOR) as provided for in Chanter 3, Article IV, Section 3. E. On-Site Location. Storage areas shall be completely contained within the boundaries of the subject property or leased parcel. The permanent exterior storage areas shall be placed behind the front or side corner building setbacks line where located in the C-3, C-4, and PID districts. This restriction shall also apply to properties located along arterial or collector roadways when located in the M-1 districts. I. Required Surface. In the C-3 and PID districts, the permanent exterior storage of retail merchandise or equipment shall be placed on improved and hard surfaces only, including vehicular use areas and excess off-street parking spaces. 2. Prohibitions. If placed within walkways, the permanent exterior storage areas shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. In addition, storage areas shall not: a. Be placed within required off-street parking spaces; b. Obstruct or impede vehicular movement; c. Cause noncompliance with any of the off-street parking or vehicular use area standards of Chapter 4; or - 7- Page 83 of 101 d. Abridge any easement rights without approval from the affected utility company or the city and shall not be located within landscaped areas, rooftops, or otherwise create a hazard to the public. F. Size. The area allocated to the permanent exterior storage of retail merchandise or equipment shall be restricted in size where properties are located within the following districts: 1. C-3 District. The size of the permanent outdoor storage area shall be limited to one percent (1%) of the gross floor area of the principal building(s)/leased space. An additional one percent(1%) of storage area(based upon the gross floor area of the leased space/principal building(s) may be granted, subject to the approval of an administrative adjustment. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 2. PCD District and PID District. The size of the permanent outdoor storage area shall be limited to fifteen percent(15%) of the gross floor area of the principal building(s)/leased space. G. Additional Screening. in t4eG-3, G 4, and PIP disttiets, To further address potential aesthetic impacts, where determined necessary due to type of merchandise or magnitude of off- site visibility, the Planning & Zoning Director may require additional screeningibuffering_44e .,.lo.,,,.,tel„ set:eefiedv, evisible 4em A ah, ty e g t ofy,ay. This estt:ie ; to limit the visibility of said met:ehaadise et:e"ipaiefit fFeal abt4tifig 14ghts of A landscape barrier(in accordance with Chapter 4, Article 11, Section 3.B. and Section 3.C.) may be required 4 all 44st r where the outdoor storage area abuts an incompatible land use,—or zoning district, anal^r r g t of v,ay. - 8- Page 84 of 101 § \» \» \» \» rn � \ / � m ! \ \ \ / \ \ 2 \ a § \ \ \ / / - � en 01 � « d � \) / coen § I r to of \» \ > \» \ rn � 2 2» 2g 2 2 2 2G 2 2k 2G � � m \ � \ !] % E »f IZ \ rn rn � m % - - 7 \ \a\ ) / ±/§ \\ )CZ > \ \> \ m � � m _ » 0 \� ® co E _ \ } \ \ ` g m � � m \ » % 2 2 2 z = « « 2 E /\ / )\ \ )=e. © } ) 0 N d 0 N d rn rn LLL co o h co o h co o� 0.. U 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. � � h � o x F � O x � (6 o � co co co co co .. p o • T U �1-�i C b �� O � � � C 0.. a'SaLl a ave a a° M'= �aC7 o o F FU >rx 0.O U \ / m � � w / m \ ) \ \ \ \ ) a : zi \ \ [ \ ® l4 3 ; \ O N N gg�� 0.. 0..W 0.. 0.. 0.. rn r r � gg�� rn : N N I W a r a a LLJ h W W W 0.. 0.. 0.. .� 0.. 0.. 0.. 0.. 0.. W W W � Q LL U LL LL LL LL LL LL � Q m Co P. 0 U (v m (6 a co m m a a a a m co co co co � co � U a U m a co U m a m U m a U m a � v y o -a.> '41 �0 c7o �D rn rn � m \ ® � ° n ] E ) \ zi Z \ rn rn � m « 3 } « 3 � } / \ (\ 0 (_\ � ) � rn � � m (� / (� ) . 2 E ) \a ) § a 5 / & & / ) / = 3/ 0 rn rn � m ) \ � ( 2 \ \ \ _ ) \ ) \ ) \ EXHIBIT "C" ZONING MATRIX NOTES FOR REFERENCE (NO CHANGES PROPOSED) Zoning Matrix Note for"Storage, Self-Service" (reference only; no changes proposed) 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. Zoning Matrix Notes for"Contractor's Workshop" (reference only; no changes proposed) 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory comrnercial component to the operation. This establislunent will be required to meet the following criteria: a. Location. The accessory comrnercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty(250)square feet for retail sales shall be required for establishments twenty-five thousand(25,000)square feet or less. An indoor showroom area of at least one percent(1%)of the gross floor area shall be required for establishments greater than twenty-five thousand(25,000) square feet. 29. General Note.This use is allowed within the PID,except on lots that have either a Governmental& Institutional(G&I)or Mixed Use(MU)land use option. 93. Contractor. a. Refuse. Dmnpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s)Allowed. (a) Office and showroom only as a pennitted use. (b) Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. c. M-1 District. Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. - 9- Page 97 of 101 7.F. New Business 5/22/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/22/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004)Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. EXPLANATION OF REQUEST: To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure an expeditious processes when necessary, staff proposes amendments to the Land Development Regulations to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article 111, Zoning Districts and Overlays. Chapter. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and generally summarized by Section 2. Scope of Article 1. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article 1. Overview. "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure. Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an expeditious processes when necessary. Exempt projects, shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning comprehensive planning and redevelopment planning. Eligibility also requires the subject project to be the principal use. on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article 11. Definitions. Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The LDR amendment is intended to maximize municipal service delivery through expeditious siting, approval and construction of new or replacement municipal facilities and infrastructure. FISCAL IMPACT: N/A Page 98 of 101 ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report and Proposed Amendments Page 99 of 101 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-036 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design, construction or replacement of public improvements. EXPLANATION & PROPOSED AMENDMENTS To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure expeditious processes when necessary, staff proposes amendments to the Land Development Regulations (LDR) to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article III, Zoning Districts and Overlays. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and, in part, summarized by Section 2. Scope of Article I. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article I. Overview: "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an - 1 - Page 100 of 101 expeditious process when necessary. Exempt projects shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility requires the subject project to be the principal use, and on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article II. Definitions. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. Attachments S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 18-004 Public Infrastructure Site Standards\Staff Report.doc -2 - Page 101 of 101