Agenda 09-26-17 CITY OF BOYNTON BEACH
PLANNING AND DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, September 26, 2017 TIME: 6:30 PM
PLACE: City Hall Chambers
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Approval of Minutes from Planning and Development Board Meeting meeting
5. Communications and Announcements: Report from Staff
6. Old Business
7. New Business
7.A. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007)for a one-story,
51 ,258 square foot inpatient medical facility with memory care and related site
improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning
district.Applicant: Joni Brinkman, Urban Design Kilday Associates.
7.B. Approve 711 North Federal Highway Abandonment (ABAN 17-007) allowing the abandonment of a
portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE
6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community
Redevelopment Agency (CRA),
7.C. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II,
Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrixand Footnote#57 to add
definitions, use provisions, and standards that regulate the medical marijuana dispensary industry.
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
Page 1 of 48
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 48
7.A.
New Business
9/26/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 9/26/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Courtyard
Gardens Major Site Plan Modification (MSPM 17-007)for a one-story, 51,258 square foot inpatient
medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the
C-3 (Community Commercial) zoning district.Applicant: Joni Brinkman, Urban Design Kilday
Associates.
EXPLANATION OF REQUEST:
Joni Brinkman, of Urban Design Kilday Associates, representing Sannlor Properties, LLC and
Courtyard Gardens of Boynton Beach, LLC, is requesting Major Site Plan Modification approval to
construct a one-story, 51,258 square inpatient medical facility with memory care and related site
improvements. According to information provided by the applicant, the proposed facility will provide
150 beds and specialize in Alzheimer's and dementia care. The site proposed for development was
the southern portion of the Manor Care campus, housing a 120-bed assisted living facility, while the
northern site housed a nursing and rehabilitation facility (still in operation). The former assisted living
facility was ultimately demolished following significant roof damage from hurricane in 2009. Since the
building demolition, this property was site plan approved for The Slomin Family Center for Autism
(NWSP 10-005), which was never built. After the expiration of the Slomin approval, an application
was submitted to construct a 19,000 square foot inpatient detox facility (Novus Medical Center
MSPM 15-008), which was denied by the City Commission in November of 2015.
Staff recommends approval, subject to the Conditions of Approval listed in Exhibit C.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Revenue associated with permit fees, property taxes and business tax
ALTERNATIVES: None recommended.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION: N/A
Page 3 of 48
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Location Map Location Map
D Drawings Site Plan
D Drawings Sur y
D Drawings Floor Plan
D Drawings Building Elevations
D Drawings Signage Plan
D Drawings Landscape Plans
D Drawings Civil Plans
D Drawings Photometric Plan
D Conditions of Approval Conditions of Approval
D Development Order Development Order
Page 4 of 48
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 17-042
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: August 15, 2017
PROJECT NAME/NO: Courtyard Gardens/ MSPM 17-007
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: Sannlor Properties, LLC
Applicant: Joni Brinkman, Urban Design Kilday Associates
Location: 3005 South Congress Avenue (see Exhibit "A" — Location Map)
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C3)
Proposed Land Use: No change proposed
Proposed Zoning: No change proposed
Proposed Use: Request for Major Site Plan Modification approval to construct a one-story,
51,258 square foot inpatient medical facility with memory care and related
site improvements.
Acreage: 4.4 acres (191,163 square feet)
Adjacent Uses:
North: A developed property containing an inpatient medical facility for nursing and
rehabilitation services (Manor Care) with a Local Retail Commercial (LCR) future
land use classification, and zoned C-3 (Community Commercial);
South: Right-of-way for North Charter Drive, and farther south is a recreational facility,with
a Recreational (R) future land use classification, and zoned REC (Recreation);
East: Right-of-way for Congress Avenue, and farther east is a developed property
Page 5 of 48
Staff Report—Courtyard Gardens (MSPM 17-007)
Memorandum No PZ 17-042
Page 2
consisting of a self-storage facility, with an Industrial (1) future land use
classification, and zoned M1 (Industrial); and
West: Right-of-way for Palmland Drive, and farther west is a multi-family development
(Chanteclair Villas), with a High Density Residential (HDR) future land use
classification, and zoned R-3 (Multi-Family).
Site Details: The subject site is vacant and is located on the northwest corner of Congress
Avenue and North Charter Drive. The property is directly adjacent to a similar
medical use. The two (2) properties share an ingress/ egress easement from a
single access point on Congress Avenue. The site also contains two (2) former
access points off of North Charter Drive.
BACKGROUND
Proposal: Joni Brinkman, of Urban Design Kilday Associates, representing Sannlor
Properties, LLC and Courtyard Gardens of Boynton Beach, LLC, is requesting
Major Site Plan Modification approval to construct a one-story, 51,258 square
inpatient medical facility with memory care and related site improvements.
According to information provided by the applicant, the proposed facility will provide
150 beds and specialize in Alzheimer's and dementia care.
The site proposed for development was the southern portion of the Manor Care
campus, housing a 120 bed assisted living facility, while the northern site housed a
nursing and rehabilitation facility (still in operation). The former assisted living
facility was ultimately demolished due to hurricane damage in 2009. Since the
building demolition, this property was site plan approved for The Slomin Family
Center for Autism (NWSP 10-005), which was never built. After the expiration of
the Slomin approval, an application was submitted to construct a 19,000 square
foot inpatient detox facility (Novus Medical Center MSPM 15-008), which was
denied by the City Commission in November of 2015.
ANALYSIS
Concurrency:
Traffic: A traffic statement for the proposed project was sent to the Palm Beach County
Traffic Division for concurrency review in order to ensure an adequate level of
service. A traffic concurrency approval letter was received from Palm Beach
County indicating that 21 AM peak hour trips and 33 PM peak hour trips would be
generated as a result of this project and that no permits are to be issued after the
build-out date of December 31, 2021.
School: School concurrency is not required for this type of project.
Utilities: The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities,would meet the
projected potable water for this project. Sufficient sanitary sewer and wastewater
treatment capacity is also currently available to serve the project, subject to
the applicant making a firm reservation of capacity, following site plan approval.
Page 6 of 48
Staff Report—Courtyard Gardens (MSPM 17-007)
Memorandum No PZ 17-042
Page 3
Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The applicant
intends to retain the previously approved detention areas on the east and west
portions of the site. The Engineering Division has found the conceptual information
to be adequate and is recommending that the review of specific drainage solutions
be deferred until time of permit review.
Vehicular Access: The site plan (Sheet A1.1) shows that four(4) primary points of ingress/egress are
proposed for the new building. Two of the ingress/egress points, located on the
north property line, may be accessed via the recorded ingress/ egress easement
that the adjoining properties share. The remaining two entries are along the south
property and are accessed by North Charter Drive. Employee parking is located at
the western side of the property, behind the building, while general visitor parking
will be at the eastern portion of the property, in front of the building.
Circulation: Vehicular circulation from each driveway would include two-way circulation that
continues throughout the two parking areas. Pedestrian connectivity is provided
completely around the building with two (2) connections to the sidewalk along
South Congress Avenue, one from the existing sidewalk along North Charter Drive
and the other from a new sidewalk connection proposed along the north side of the
site.
Parking: The site plan (Sheet A1.1) depicts a 51,258 square foot inpatient medical facility
with 150 beds, which requires 60 parking spaces, based upon the standard of one
(1) parking space per 2.5 beds. The site plan depicts 73 parking spaces, including
four(4)designated for handicap use.All proposed parking stalls, including the size
and location of the handicap spaces, were reviewed and approved by both the
Engineering Division and Building Division. In addition, all necessary traffic control
signage and pavement markings will be provided to clearly delineate areas on site
and direction of circulation.
Landscaping: The landscape plan (Sheets PP-1 & PP-2) indicates compliance with the required
minimum buffers around the perimeter of the site. The buffer proposed adjacent to
Congress Avenue is approximately 130 feet wide and includes landscape pods
between the sidewalk and the drainage detention area and another seven (7) foot
wide landscape strip at the parking lot.Along the west property line, adjacent to the
multi-family community, a fifteen (15) foot wide buffer is provided, which includes
an existing six (6) foot high buffer wall with plantings on each side, as required by
code. Typical trees utilized in the planting scheme include Green Buttonwood,
Silver Buttonwood, Live Oak, Red Maple, Verawood, and Cassia, along with
Cocoanut, Montgomery, Lady and Sabal palm trees. Additionally, several existing
trees on the site will be preserved in place or relocated on site, including Live Oak,
Black Olive, Tabebuia, and Tropical Almond canopy trees and Sabal palms.
Typical shrubs utilized in the planting scheme include Cocoplum, Green and Silver
Buttonwood, Green Island Ficus, Dwarf Fire Bush, and Schefflera.
The pervious area would total 50% of the entire site and consists of landscaped
and open space areas. The landscape code requires that 50%or more of the plant
Page 7 of 48
Staff Report—Courtyard Gardens (MSPM 17-007)
Memorandum No PZ 17-042
Page 4
material be native species or low to medium water demand varieties. All plant
materials within the Plant Schedule are designated as native or low water use,
other than the annuals/perennials, which total 40 individual plants. The code also
limits the use of sod to larger open spaces for passive or active recreation
purposes, as well as swales, water detention and retention areas, in an effort to
reduce water consumption.The applicant has reduced the amount of sodded areas
from the original submittal, limiting placement to the enclosed courtyard area and in
and around the drainage detention areas,with the area around each detention area
designed as a passive park area with a couple of benches.
Building and Site: The proposed building is designed as a one (1)-story structure with hip roofs at two
varying heights to provide architectural character to the structure. The proposed
building placement complies with the minimum setbacks of the C-3 zoning district.
The proposed building would be setback approximately 169 feet from the east
property line; this setback includes the retention area and parking area set in front
of the structure. The building's rear setback, which is closest to the multi-family
community, is approximately 147 feet; this area includes the employee parking,
retention area, and the 15 foot landscape buffer and wall. The floor plan (Sheet
A2.1) indicates the proposed building will contain 80 patient rooms, with a total of
150 beds, administrative offices, kitchen and dining halls, and amenities such as a
hair salon, wellness center, ice cream parlor, library, and chapel.
Given the plan to use the building for a medical use which is open 24 hours a day
and provides 24 hour healthcare and/or treatment, the site design and operational
requirements of Ordinance No. 15-002 are applicable. Such requirements include
measures for site security including surveillance cameras, limited and controlled
access points, operational procedures to restrict unauthorized or unarranged
accessing or exiting of the property, and design and screening for privacy of
patients. Certain of these regulations may be deemed unnecessary based upon the
use or operation, and justification by the applicant. As the proposed use is an
assisted living facility for patients suffering with dementia and Alzheimer's, the
applicant has chosen to satisfy these requirements through the proposed building
design, which establishes security through secured/controlled exterior access
points utilizing card key technology and through the use of security cameras in all
common areas and hallways. The applicant indicates the controlled access into
and out of the facility itself negates the need for a continuous perimeter fence. The
primary outdoor amenity for patients is the interior courtyard, which is surrounded
on all four(4) sides by the building. Additionally, there is a six (6) foot tall masonry
wall and buffer landscaping on the west side of the property.
Building Height: The building elevations (Sheet A2.2) indicate the highest point of the structure to
be 26 feet and 1.5 inches in height,with the typical top of roof being approximately
19 feet,well below the maximum height of 45 feet allowed in the C3 zoning district.
Design: The proposed building utilizes many similar design features as many medical
facilities. According to the Exterior Elevations (Sheet A2.2), the main body paint
color of the building would be a cream "Crescent Moon" — SW 7124. The accent
color of the cornice, trim, door and window trim, columns, and brackets would be a
white "Extra White"—SW 7006. The shutters and railings would be painted black.
The building is designed with a hip roof,with the majority of the roof covered in grey
flat concrete tiles and the smaller accent hip roof areas and covered entries
Page 8 of 48
Staff Report—Courtyard Gardens (MSPM 17-007)
Memorandum No PZ 17-042
Page 5
covered with black standing seam metal.
Public Art: The applicant has indicated they have not selected the proposed artwork or artist at
this time. Based upon the valuation of the project being proposed at nearly $5.5
million, the artwork to be placed onsite will be valued at approximately $38,000.
Ultimate review and approval of the artist and artwork will be under the purview of
the Arts Commission.
Site Lighting: The photometric plan (Sheet E1.1) proposes a total of nineteen (19) freestanding
pole lights, nine (9)of which would be 20 feet in height, and ten (10)of which would
be installed at 15 feet in height. Each would be fitted with new Phillips Gardco Eco
LED fixtures, black in color. Additionally, the spot readings are in compliance with
the code maximum of 5.9 foot-candles, with an average reading of 1.96 foot-
candles. Per Chapter 4, Article VII., Section 3.C. of the Land Development
Regulations, all proposed lighting shall be shielded to direct light down and away
from adjacent properties and rights-of-way. The height of the pole and wall fixtures
was chosen to mitigate any light trespass onto the residential properties over 100
feet away, and in conjunction with the landscape buffer on the west property line,
there should be no adverse impacts from the project lighting.
Signage: The applicant is proposing two (2) monument site signs, as allowed by code for
properties with entrances on two (2)separate roadways. The first sign is proposed
along Congress Avenue, setback a minimum of 10 feet from the property line as
required by code. The sign is proposed to be externally illuminated, eight(8)feet in
height and painted to match the building, with bronze aluminum letters and
numerals. The second monument sign is proposed at the easternmost driveway off
of North Charter Drive, and will match the design of the Congress Avenue sign,
except it will be five (5) feet in height. A wall sign is also proposed on the face of
the covered entry.
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for Major Site Plan
Modification approval and recommends approval contingent upon satisfying all comments indicated in
Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Courtyard Gardens\MSPM 17-007\Staff Report.doc
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EXHIBIT C
Conditions of Approval
Project Name: Courtyard Gardens
File number: MSPM 17-007
Reference: 3rd review plans identified as a Maior Site Plan Modification with an August 16, 2017
Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES
Comments:
1. The applicant will be responsible for replacing all broken sidewalk
along property's frontage of Congress Ave, Charter Drive and
Palmland Drive.
2. Please repair wall along property's frontage of Palmland Drive as
necessary.
3. At time of permit submittal, please include an irrigation plan.
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:
Page 28 of 48
Courtyard Gardens (MSPM 17-007)
Conditions of Approval
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
4. It is the applicant's responsibility to ensure that the application
requests are publicly advertised in accordance with Ordinance 04-007
and Ordinance 05-004, and an affidavit with attachments (ownership
list, radius map, and copy of mailing labels) is required to be provided
to the City Clerk and Planning & Zoning one (1) week prior to the first
public hearing.
5. On Sheet A1.1, the existing sign for the neighboring property, Manor
Care, will require a sign easement in order to remain on this parcel.
6. Please be aware the public art component of the project must be
sited where it is publicly accessible 24/7. Please contact Debby
Coles-Dobay, Public Arts Manager, for further information.
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\Courtyard Gardens-3005 S.Congress\COA.doc
Page 29 of 48
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Courtyard Gardens (MSPM 17-007)
APPLICANT: Joni Brinkman, Urban Design Kilday Associates
APPLICANT'S ADDRESS: 610 Clematis Street, CU02, West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 17, 2017
APPROVAL SOUGHT: Request for Major Site Plan Modification approval to construct a one-story,
51,258 square foot inpatient medical facility with memory care and related site
improvements, located on the NW corner of S. Congress Avenue and N.
Charter Drive, in the C-3 (Community Commercial) zoning district.
LOCATION OF PROPERTY: 3005 South Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
_ HAS
HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "D"
with notation "Included."
4. The Applicant's request is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 above.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Courtyard Gardens\MSPM17-007\DO.doc
Page 30 of 48
7.B.
New Business
9/26/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 9/26/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve 711 North Federal
Highway Abandonment(ABAN 17-007) allowing the abandonment of a portion of the alley immediately west of
711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive
Director of the Boynton Beach Community Redevelopment Agency (CRA),
EXPLANATION OF REQUEST:
Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is
requesting to abandon a portion of the 20-foot wide alley right-of-way (ABAN 17-007) immediately west of 711
North Federal Highway, and immediately north of NE 6th Avenue. The CRA is requesting the abandonment as
owner of the abutting 711 N. Federal Highway, in preparation for the sale of the property to the owner of the
boat dealership immediately to the north (South Florida Master Craft), to facilitate the expansion of their
business venture. Similar segments of the same alley have previously been abandoned, which abutted
properties immediately to the north of the subject parcel; at 725 N. Federal Highway (South Florida Master
Craft) and 805 N. Federal Highway (Miami Aqua Culture), in 2009 and 2005, respectively.
Staff has determined that the requested abandonment would not adversely impact traffic or other City
functions, and would not adversely impact other adjacent property owners. Based on the above-analysis, staff
has determined that the subject alley no longer serves a public purpose, and therefore recommends
APPROVAL of the applicant's request, subject to the attached conditions.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Additional tax revenue from property being placed on the tax roll.
ALTERNATIVES: None recommended.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: N/A
Page 31 of 48
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Location Map Location Map
D Drawings Legal Description & Sketch
D Conditions of Approval Conditions of Approval
D Development Order Development Order
Page 32 of 48
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 17-049
TO: Chair and Members
Planning & Development Board
THRU: Michael W. Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: August 22, 2017
SUBJECT: Request for abandonment of a portion of the alley immediately west of 711
North Federal Highway, and immediately north of NE 6th Avenue (ABAN 17-
007).
NATURE OF REQUEST
Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency
(CRA), is requesting to abandon a portion of the 20-foot wide alley right-of-way (ABAN 17-007)
immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue (see
Exhibit"A"—Location Map). The CRA is requesting the abandonment as owner of the abutting 711
N. Federal Highway, in preparation of the property for purchase by the owner of the boat dealership
immediately to the north (South Florida Master Craft), to facilitate the expansion of their business
venture.
More specifically, the applicant is requesting to abandon that portion of the 20-foot wide alley right-
of-way lying between 711 N. Federal Highway and the FEC Railroad right-of-way(as depicted and
described in Exhibit "B" — Legal Description & Sketch).
The following is a description of the zoning districts and land uses of the properties that surround the
subject request:
North: Developed commercial property (South Florida Master Craft) zoned C-4
(General Commercial);
South: Right-of-way for NE 61h Avenue and farther south is developed commercial
property (Goodyear Tire Store) zoned CBD (Central Business District);
East: Currently unoccupied commercial property (formerly Amerigas Propane)
zoned C-4 (General Commercial) and father east right-of-way for Federal
Highway; and
West: Right-of-way for the FEC Railroad, then farther west right-of-way for N.
Railroad Avenue.
Page 33 of 48
Page 2
Memorandum No. PZ 17-049
ABAN 17-007
BACKGROUND
The applicant is requesting to abandon a portion of the unimproved alley immediately east of the
FEC Railroad right-of-way. Similar segments of the same alley have previously been abandoned,
which abutted properties immediately to the north of the subject parcel; at 725 N. Federal Highway
(South Florida Master Craft) and 805 N. Federal Highway(Miami Aqua Culture), in 2009 and 2005,
respectively.
The CRA acquired the property to spur redevelopment of the longtime propane gas site and
received responses from several businesses looking to redevelop the site. The property owner
immediately to the north, operator of South Florida Master Craft, is interested in expanding their
operations onto the subject parcel and is working on the preparation of development plans for the
site. Because their business operations involve larger vessels and trailers, maximum on site
movements are necessary, and the additional 20 feet allows for greater turning movements and
storage options.As a result, the CRA has submitted the necessary paperwork to abandon the alley.
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is
transferred in equal portions from the general public to the abutting property owner(s) per State
Statute. Typically, two (2) properties would be affected by an abandonment request, and as a result
one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is
conveyed to the other abutting property owner. The applicant requesting this abandonment is the
owner of the abutting property to the east(at 711 N. Federal Highway). Public records indicate that
Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide railroad
right-of-way). Since the FEC RR is a right-of-way entity, the entire abandoned 20-foot wide alley
parcel would become part of the applicant's property.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and its
respective hearing dates. The applicant has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04-007. A summary of the responses follows:
CITY DEPARTMENTS/DIVISIONS
Engineering No objection.
Public Works/Utilities No objection.
Planning and Zoning No objection.
PUBLIC UTILITY COMPANIES
Florida Power and Light No objection w/ provision of necessary easements
and relocation of utilities at developer's cost, if
necessary.
Page 34 of 48
Page 3
Memorandum No. PZ 17-049
ABAN 17-007
AT & T No objection w/ provision of necessary easements
and relocation of utilities at developer's cost, if
necessary.
Florida Public Utilities No objection.
Comcast No objection.
Level 3 No objection w/provision of necessary easements
and relocation of utilities at developer's cost, if
necessary.
Sprint No objection.
Hotwire No objection.
Strome Networks No objection.
Windstream No objection.
PBC Traffic Engineering No objection.
RECOMMENDATION
Staff has determined that the requested abandonment would not adversely impact traffic or other
City functions, and would not adversely impact other adjacent property owners. Based on the above-
analysis, staff has determined that the subject alley no longer serves a public purpose, and therefore
recommends APPROVAL of the applicant's request, subject to the attached conditions. Any
conditions requested by the Planning and Development Board or required by the Commission will be
placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\711 N. Federal Hwy.WBAN 17-007\Staff Report.doc
Page 35 of 48
Exhibit A
LOCATION MAP
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Page 36 of 48
SKETCH & DESCRIPTION FOR: Exhibit B
A PORTION OF 20 ALLEY
PENCE&KING ADDITION TO TOWN OF BOYNTON J"'2
(PLAT BOOK 1, PAGE 50,P.B.C.R.)
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 4,%J
[LAND DESCRIPTION.,
A portion of the 20 foot alley lying parallel with and contiguous to the east right—of—way line of the
Florida East Coast Railroad and the west line of Lots 19 through 22, PENCE & KING ADDITION TO THE
TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public
Records of Palm Beach County, Florida, described as follows:
That portion of a 20 foot alley, bounded on the east by the west line of Lots 19 through 22, bounded on
the west by the east right—of—way line of the Florida East Coast Railroad, bounded on the north by the
westerly extension of the south line of the north 5.00 feet of Lot 19, and bounded on the south by the
westerly extension of the north line of the south 21.5 feet of Lot 22, all of PENCE & KING ADDITION TO
THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public
Records of Palm Beach County, Florida.
Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida.
SURVEYOR'S NOTES'
1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a
Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing
party is prohibited without written consent of the signing party.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are
Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject
property. No search of the Public 'Records has been made by the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary
survey.
5. Abbreviation Legend: = Centerline; L.B. = Licensed Business; O.R.B. = Official Records Book; P
Per Record Plat; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.L.S. = Professional Land
Surveyor; R/W = Right—of—Way.
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and
correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that
this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17.050 through
5J-17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
Date:
MICHAEL D.' AVIRPM.,P:
Florida R e g istrd t i 6 rr Iia. 326
A
1
18 ,
1 TF
AVIROM ASSOCIATES INC;-
L.B.' No;'.3300''
EMAIL: m i k e 41�
y�prnsbrBornV�eyco
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REVISIONS
REV. R/W DEDICAMN WIDT-H 07/11/2017 (MAX) &ASSO A VIROM&ASSOCIATES, INC. JOB#: 10475B
0 SURVEYING & MAPPING SCALE: NIA
fn 50 S.W 2nd AVENUE, SUITE 102 DATE: 04/25/2017
6 BOCA RATON,FLORIDA 33432 BY: MMX
(561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A.
ISHED 02017 AVIROM&ASSOCIATES,INC.all tights reserved, F.B. NIA PG. NIA
This sketch is the property of A VIROM&ASSOCIATES,INC.
SHEET:
and should not be reproduced orcopied without written permission. EL
SKETCH & DESCRIPTION FOR:
A PORTION OF 20,ALLEY
A PORTION OF LOT 22 PENCE&KING ADDITION TO TOWN OF BOYNTON
(PLAT BOOK 1, PAGE 50,P.B.C.R.)
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA
;'c""" 4 c""l"%J f,
LAKE ADDITION TO TOWN OF BOYNTON
(P.B. 11/71, P.B.C.R.)
DEED LESSOUT
NORTH 5' OF LOT 19
25'
(O.R.B. 28504/483, P.B.C.R.)
CO C
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=E: ----------
N.E. Gth AVENUE
-9.25'
FIN
:18—5' PLATTED R--/—W
SOUTH LINE OF LOT 22
DEED LESSOUT
SOUTH 5' OF LOT 22 SOUTH LINE OF
(O.R.B. 28504/483, P.B.C.R.) N,E. -1 OF S.E. 1
4 4 OF
SECTION 21-45-43
ROBERT ADDITION
TO TOWN OF BOYNTON ( {
(P.B. 1/51, P.B.C.R.)
REVISIONS
A VIROM&ASSOCIATES, INC. JOB : 10475B
REV. R/W DEDICATION WIDTH 07/11/2017 (MMIQ 0 &ASSO SURVEYING &MAPPING SCALE: V,=40'
m 50 S.W 2nd AVENUE, SUITE 902 DATE: 04/25/2017
co BOCA RATON,FLORIDA 33432 BY: M.M.K.
(561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A.
ISHED 19t'l @2017 AVIROM&ASSOCIATES,INC,all tights reserved. F.B. NIA M NIA
This sketch is the property of AVIROM&ASSOCIATES,INC.
and should not be reproduced or copied without written permission. SHEET:Pa e23BFd 48
EXHIBIT "C"
CONDITIONS OF APPROVAL
Project Name: 711 N. Federal Highway
File number: ABAN 17-007
Reference: 1 st review plans identified as a Abandonment with an August 14, 2017 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES
Comments: None.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
1. Any conditions of approval from the various utility companies
requiring new or revised easements and developer relocation of
their facilities will be required to be addressed prior to issuance
of a building permit.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
Page 39 of 48
711 N. Federal Highway (ABAN 17-007)
Conditions of Approval
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\711 N. Federal Hwy.Wbandonment\ABAN 17-007\COA.doc
Page 40 of 48
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 711 N. Federal Highway (ABAN 17-007)
APPLICANT: Michael Simon, Executive Director Boynton Beach CRA
APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 8, 2017
APPROVAL SOUGHT: Request for abandonment of a portion of the alley immediately west of 711
North Federal Highway, and immediately north of NE 6th Avenue (ABAN 17-
007).
LOCATION OF PROPERTY: 711 N. Federal Highway
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 "C"
with notation "Included."
4. The Applicant's request is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 above.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\711 N. Federal HwyAbandonmentWBAN 17-007\DO.doc
Page 41 of 48
7.C.
New Business
9/26/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 9/26/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve amendments to the
LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Chapter 3, Article IV,
Section 3.D, Table 3-28, Use Matrix and Footnote#57 to add definitions, use provisions, and standards that
regulate the medical marijuana dispensary industry.
EXPLANATION OF REQUEST:
On November 8, 2016, Florida voters approved Amendment 2, which fully legalized the medical use of
marijuana throughout the State for individuals with specified "debilitating" conditions and would authorize
cultivation, processing, distribution, and sale of marijuana and related activities.
On June 9, 2017 at the Florida Legislature special session, the Florida House and Senate passed bills
amending the state's medical marijuana laws. The Governor subsequently signed the bills on June 23, 2017.
As part of those amendments, the state law includes preemptions outlined below:
• City may not place specific limits on the number of dispensing facilities.
• City may not enact regulations or restrict locations, which are more restrictive than regulations, or
locations for pharmacies.
• City may not charge a fee in an amount greater than the fee charged to pharmacies.
• Dispensaries cannot be located within 500 feet of an elementary, middle, or secondary school unless
City approves location through formal proceeding.
The purpose of these amendments is to establish requirements that regulate marijuana-dispensing facilities in
the interest of the public health, safety and general welfare and that ease the regulatory burden on the City.
In particular, this amendment is intended to regulate the sale and distribution of medical marijuana to ensure a
supply to patients who qualify to obtain, possess, and consume, or any other use of medical marijuana
permissible under state law.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
There are no anticipated changes in City programs or services.
FISCAL IMPACT: Budgeted
The new use would increase application, permitting and business tax receipt revenues.
ALTERNATIVES:
1. Add medical marijuana dispensaries to the land development regulations while amending the regulations for
pharmacies to implement further restrictions.
2. Ban medical marijuana dispensaries in the City.
STRATEGIC PLAN:
Page 42 of 48
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Exhibit Exhibit"A"
D Exhibit Exhibit"B"
Page 43 of 48
' DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 17-018
TO: Chair and Members
Planning& Development Board
FROM: Andrew P. Mack, P.E., Director of Development
DATE: September 26, 2017
RE: Approve amendments to the LAND DEVELOPMENT
REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3,
Article IV, Section 3.13, Table 3-28, Use Matrix and Footnote 957 to
add definitions, use provisions, and standards that regulate the medical
marijuana dispensary industry.
OVERVIEW
The rewrite of the City's Land Development Regulations (LDR) in late 2010 allowed staff to
perform a complete review and analysis of each standard, regulation, and process. As part of the
post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously
process, updates and amendments to the LDR for one or more of the following reasons:
1. Furthering business and economic development initiatives;
2. Advancing sustainability initiatives;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback to meet original objectives or new vision.
The proposed amendment would support items #1 and#4.
BACKGROUND
On November 8, 2016, Florida voters approved Amendment 2, which fully legalized the medical
use of marijuana throughout the State for individuals with specified "debilitating" conditions and
would authorize cultivation, processing, distribution, and sale of marijuana and related activities.
The City's LDR do not currently contain provisions for the regulation of marijuana dispensing
organizations and facilities.
On June 9, 2017 at the Florida Legislature special session, the Florida House and Senate passed
bills amending the state's medical marijuana laws. The Governor subsequently signed the bills
on June 23, 2017.
As part of those amendments, the state law includes preemptions that are outlined below:
• City may not place specific limits on the number of dispensing facilities.
- 1 -
Page 44 of 48
• City may not enact regulations or restrict locations, which are more restrictive than
regulations, or locations for pharmacies.
• City may not charge a fee in an amount greater than the fee charged to pharmacies.
• Cannot be located within 500 feet of an elementary, middle, or secondary school unless
City approves location through formal proceeding.
The purpose of these amendments is to establish requirements that regulate marijuana-dispensing
facilities in the interest of the public health, safety and general welfare and that ease the regulatory
burden on the City.
In particular,this amendment is intended to regulate the sale and distribution of medical marijuana
to ensure a supply to patients who qualify to obtain, possess, and consume, or any other use of
medical marijuana permissible under state law.
PROPOSED DEVELOPMENT STANDARDS
The proposed amendments to Chapters 1 and 3 of the LDR are provided in their entirety in
Exhibits "A" and "B", with the most notable amendments summarized below:
• Zoning — Allowed as a permitted use in all commercial, mixed use, and planned industrial
districts;
• Location — In PID, limited to properties that front an arterial with mixed use (MU) land use
option;
• Minimum Separation— 500 feet from an elementary, middle, or secondary school.
CONCLUSION/RECOMENDATION
Staff is recommending approval of the proposed code amendments to provide the proper zoning
accommodations for the desired use, to maximize compatibility of land uses, and to ensure safe
business operations.
Attachment
S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 17-003 Medical Cannabis Dispensary\Staff Report - Medical Marijuana
Dispensary_R.docx
-2 -
Page 45 of 48
REC
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Exhibit"B"
Chapter 1, Article 11, Definitions.
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Chapter 3, Article IV, Sec. 3, Notes
1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet.
2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet.
15. General Note. This use shall be integrated into a mixed-use building or development. It
must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building;
and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development.
17. General Note.
a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or
development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any
given building or 2) exceed thirty percent(30%) of the gross floor area of the mixed use
development.
b. MU-LI district, MU-L2 district, and MU-L3 district. The subject use is only allowed on
lots fronting on arterial or collector roadways.
27. General Note. This non-industrial use is allowed within the PID district provided it is
located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or on
a MU lot with a development order that is not solely for residential development.
57. Pharmacy,_7&Drug Store, and Medical Marijuana Dispensary.
a. All Districts.
No more than fifteen percent (15%) of the total number of prescriptions sold within a
thirty (30) day period can be derived from the sale of Schedule 11 controlled
substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed
by a state licensed pharmacist who shall be present during all hours the pharmacy, or
pharmacy function of the drug store, is open for business. This restriction on
prescription sales shall not apply to a pharmacy operating accessory to a facility
licensed pursuant to F.S. Chapter 395 (e.g., hospital).
A. medical Mar"Liana diensim4 facilill
---------- _ilDaaclt_be--I-oc-ated.-wit-hin five hUnd..re_d. (500
feet ofthe real..."r ?.g jjj�q.��mprj_s_e_s a ic.orprivateelernentaryscho L'....m.iddle.
............................................................... .................... ............
S-C-LI!2l,--2L-�e,oii-d.arv-s-c h-o-ol-,
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-003 Medical Marijuana Dispensary\Exhibit B_Chatper 1 Article IlDefinitions and
Chapter 3 Article 4,Section 3_Notes.docx
Page 47 of 48
b. MU-4 and MU-H District. Use shall be subject to the following distance separation
requirements from similar uses, measured in a straight line, using the shortest distance between
property lines shall be the following:
(1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square
feet of gross floor area;
(2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or
greater than five thousand (5,000) gross square feet.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-003 Medical Marijuana Dispensary\Exhibit B_Chatper 1_Article II_Definitions and
Chapter 3_Article 4,Section 3_Notes.docx
Page 48 of 48