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Agenda 07-24-18 CITY OF BOYNTON BEACH 4 PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, July 24, 2018 TIME: 6:30 PM PLACE: City Hall Chambers 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 4.A. A. Approve Minutes from May 22, 2018 Planning & Development Board meeting B. Approve Minutes from June 26, 2018 Planning & Development Board meeting 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approved JR Watersports Expansion (COUS 18-003 / MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. 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 Page 1 of 22 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 22 4.4.A. Approval of Minutes 7/24/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 7/24/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: A. Approve Minutes from May 22, 2018 Planning & Development Board meeting B. Approve Minutes from June 26, 2018 Planning & Development Board meeting 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 22 7.7.A. New Business 7/24/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 7/24/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approved JR Watersports Expansion (COUS 18-003/ MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. EXPLANATION OF REQUEST: Mike Wood, owner of J R Watersports (aka South Florida Marine) is seeking Conditional Use/ Major Site Plan Modification approval for the expansion of J R Watersports onto the property purchased from the Community Redevelopment Agency (CRA) located south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements. As described in the Use Matrix of the Land Development Regulations (LDR), a Boat Dealer is a "Conditional Use" within the C-4 (General Commercial) zoning district, and therefore requires Conditional Use approval, as well as Major Site Plan Modification approval for the site and building improvements. The site formerly housed the Amerigas Propane Company and was purchased by the Community Redevelopment Agency (CRA) in an attempt to revitalize the property and bring in business to energize the area. The CRA then invited the public to submit proposals for the property. Mike Wood, as the abutting property owner to the north was selected, which promotes the expansion of his existing business onto the premises, and therefore the increase in water-dependent business enterprises in the downtown. Staff has reviewed the request and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in property value associated with the proposed improvements and fees associated with required permits and business tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 4 of 22 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Cover Sheet D Drawings Survey D Drawings Civil Plan D Drawings Floor Plans D Drawings Building Facades D Drawings Site Plan/ Landscape Plan D Drawings Photometric Plan D Letter Applicant Justification D Conditions of Approval Conditions of Approval D Development Order Development Order Page 5 of 22 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-042 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Interim Development Director FROM: Ed Breese Principal Planner DATE: July 9, 2018 PROJECT NAME/NO: JR Watersports Expansion (COUS 18-003/ MSPM 18-005) REQUEST: Approval of Conditional Use and Major Site Plan Modification for the expansion of JR Watersports onto the property purchased from the Community Redevelopment Agency (CRA) to south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements, located at 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. PROJECT DESCRIPTION Property Owner: Michael & Jana Wood Agent: Michael Wood Location: 711 N. Federal Highway (see Exhibit "A") Existing Land Use/Zoning: GC (General Commercial) / C-4 (General Commercial) Proposed Land Use/Zoning: No change proposed Proposed Use: Expansion of boat sales business Acreage: 0.61-acre Adjacent Uses: North: Existing JR Watersports business with a General Commercial (GC) future land use classification, and zoned General Commercial (C-4); South: Right-of-way for NE 6th Avenue and farther south developed Page 6 of 22 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 2 commercial property, with a Mixed Use (MX) future land use classification, and zoned Central Business District (CBD); East: Right-of-way for Federal Highway and farther east existing commercial properties with a Mixed Use (MX) future land use classification, and zoned Central Business District (CBD); and West: Right-of-way for the FEC Railroad and farther west is right-of-way for Railroad Avenue and existing industrial development with an Industrial (1) future land use classification, and zoned Industrial (1). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL Mike Wood, owner of JR Watersports (aka South Florida Marine) is seeking Conditional Use / Major Site Plan Modification approval for the expansion of JR Watersports onto the property purchased from the Community Redevelopment Agency (CRA) to south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements. As described in the Use Matrix of the Land Development Regulations (LDR), a Boat Dealer is a "Conditional Use" within the C-4 (General Commercial) zoning district, and therefore requires Conditional Use approval, as well as Major Site Plan Modification approval for the site and building improvements. The site formerly housed the Amerigas Propane company and was purchased by the Community Redevelopment Agency (CRA) in an attempt to revitalize the property and bring in business to energize the area. Once acquired, the CRA requested abandonment of the 20 foot wide alley along the west side of the property, to increase the redevlopment potential of the parcel. The CRA then invited the public to submit proposals for the property. Mike Wood, as the abutting property owner to the north, was chosen to expand his well established business onto the premises, providing greater opportunity for him to showcase his product line. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "C" —Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the Page 7 of 22 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 3 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. There are two (2) ingress and egress driveways proposed along NE 6th Avenue, designed to allow complete circulation within the site. Additionally, as the owner of the parcel to the north, the applicant has executed a cross-access easement to allow for the flow of inventory between the two (2) sites. The plan also depicts the construction of a new pedestrian access walkway from the sidewalk on Federal Highway, along the south side of the refurbished showroom / retail building to the new building entrance. Both the Fire Department and the Waste Removal Division reviewed access to the property and were satisfied. The applicant will also be widening the sidewalk along Federal Highway from 4 feet in width to 8 feet, and will replant the existing landscape cut-out planting areas. 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 the showroom / retail use is calculated at one (1) parking space per 200 square feet of gross floor area. Required parking is calculated to be twelve (12) spaces total, based on the 2,413 square foot building. However, since the property is located within an area subject to the "Adaptive Re-Use" parking regulations, the business associated with the C-4 parcel can reduce the parking number by one-half, thus requiring only 6 parking spaces. The site plan depicts eleven (11) parking spaces immediately to the west and south of the building. There are also seven (7) existing on-street parking spaces on Federal Highway. The applicant proposes a landscaped berm along the back of the Federal Highway sidewalk in compliance with the City's minimum buffering requirements, which will assist in the screening of the on-site parking. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant indicates in their justification statement that they intend to utilize two (2) rollout containers for trash purposes, which would be stored behind the building and screened from view. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. The Waste Removal Division has reviewed this proposal and is satisfied. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The property is proposed to be re-landscaped as part of a Major Site Plan Modification. The Landscape Plan (Sheet L-1) depicts the landscape plantings along the east, west and south Page 8 of 22 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 4 sides of the property where the outdoor boat display and customer parking is located. As noted previously a small berm will be placed behind the widened Federal Highway sidewalk and planted with Montgomery Palms, and Schefflera Trinette, Podocarpus, Butterfly Weed and Coontie shrub material. The existing landscape cut-outs on Federal Highway will be replanted with Silver Buttonwood trees, meeting the requirements of FPL's "Right Tree - Right Place" manual. The south and west perimeter landscaping includes East Palatka Holly and Silver Buttonwood trees and Schefflera Trinette and Podocarpus shrub material. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The site includes some site lighting and the applicant proposes to add one (1) new pole light for a total of five (5), with two (2) existing at 25 feet in height and three (3) at 20 feet. The proposed photometric plan meets the City code requirements, with no spot readings in excess of 5.9 foot-candles. The lighting is required to be of a downcast variety and is designed in a manner to not adversely impact surrounding properties. Relative to signage for the project, the applicant indicates that they intend to simply replace the sign faces within the existing pole sign, and within the existing wall sign cabinet on the east building elevation. Any signage will be reviewed for compatibility and compliance with the City's sign code at time of permitting. 7. Required setbacks and other open spaces. The existing building meets the setbacks associated with the Urban Commercial District Overlay Zone, which requires buildings be constructed with minimal front setback, to provide continuity with the setbacks associated with urban infill mixed use developments. Also, there are no building additions proposed with this application. Existing setbacks are as follows: front (east) — 1.4 feet; rear (west) — 80 feet; side (north) — 2.1 feet; and side corner (south), abutting NE 6th Avenue — 130 feet. This area between the building and SE 6th Street is where the boat display area is proposed, behind the landscaped berm. The site is proposed to have 25.7% of pervious area including the rocked drainage area / boat display, newly created landscape islands within the parking lot, and new perimeter landscape areas on the east, south and west side of the property. 8. General compatibility with adjacent properties, and other property in the zoning district. The use, which is an expansion of the boat sales business immediately to the north, is generally compatible with commercial uses adjacent to the site, and those uses allowed in the C-4 (General Commercial) zoning district. The building would retain the outward appearance, with the walls and trim to be painted to match the colors of the existing JR Watersports buildings to the north (white walls — Sherwin-Williams White A100, and blue trim, soffit and overhang — Sherwin-Williams Blue A82T154). 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The existing structure, is designed with a flat roof, with parapet walls at 12 feet in height over the showroom / retail portion of the building fronting Federal Highway, and 16 feet in height at the rear of the building, housing the parts storage. The existing building is compatible with the structures on adjacent properties, and less than the maximum allowable height of 45 feet in the C-4 zoning district. Page 9 of 22 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 5 10. Economic effects on adjacent and nearby properties, and the city as a whole. The applicant indicates within their justification statement that the proposed use should have a positive impact on the nearby properties. According to the applicant, the new retail component (Ship to Shore store), will have everything from suntan lotions to safety gear, and will serve not only Boynton Beach residents, but others utilizing the Intracoastal boat ramp. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations. Relative to the City's water and sewer concurrency review, the City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate. With incorporation of staff comments noted within Exhibit "D" — Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. This section of the regulations is intended to ensure land use compatibility through the review of conditional uses for potential external impacts including noise; vibrations; particulate matter; odor; toxic matter; fire and explosions; heat, humidity and glare; waste; and electromagnetic interference. The applicant indicates they will not be utilizing any equipment that will cause smoke, odors, fumes, vibration, or toxic matter that would negatively impact the neighboring properties. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed business shall begin operations. Staff recommends that a period of 18 months be allowed to receive the necessary approvals. 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Federal I 1 Boynton Beach Fl. 33435 MfIP*IME 1-737-9423 Fax: 561-737-151 www.southfioridamarine.com Standards for Evaluating Conditional Uses 1.We are not adding any ingress or egress to Federal Hwy. WE are using the already existing driveways connected to 6th Ave. No difference in traffic Flow. Fire Criteria is met. 2. We are meeting the requirements for the building size by adding two additional parking spots. 3. We will not be using a dumpster only roll off land as we do now at 725 N. Federal Hwy. . Utilities are connected up and will not be changed and will not require any more additional usage. 5. We are installing Pylons with decorative nautical roping along the outline of the property along with landscaping to code. 6. All exterior lights will remain the same. All signs and building lighting will remain the same. There will not be a glare on the roads or to adjacent properties. 7.The primary building is not going to change. So there will be no differences in in set back or open spaces. 8. The South Florid Marine Ship to Shore store will bring more of the nautical feel to downtown Boynton Beach. Boynton Beach is the "Gateway to the Atlantic" and we will be a nautical store with everything you need safe and have fun on the water! South Florida Marine sells new,top rated, pleasure, pontoon and fishing boats along with all the parts and items you will need to keep you out on the water. 9. No changes to the height or structure of the building and has met City requirements. . 10.The economic effect on the nearby properties will be positive. We feel the ship to shore store will bring in residents not only form Boynton but all persons who use the intercoastal boat ramp and waterways. We will carry everything from suntan lotion to safety gear. Whatever you would need to be safe and have fun on the water! "#shoplocal#americanmade 11. JA 12.We will not use any equipment that will cause vibrations or violate noise ordinances. No substances are used that will hurt the environment. No offensive odors or toxic matter will be emitted from the property. There is no explosive matter that is used. Not carrying out any operations that will not be in compliance with City ordinance. Page 19 of 22 EXHIBIT "D" Conditions of Approval Project Name: JR Watersports Expansion File number: COUS 18-003 / MSPM 18-005 Reference: 31d review plans identified as a Maior Site Plan Modification with a June 21, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None, all comments addressed at DART meeting. FIRE Comments: None, all comments addressed at DART meeting. POLICE Comments: None, all comments addressed at DART meeting. BUILDING DIVISION Comments: None, all 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 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. 2. At time of permit application submittal, please provide a recorded copy of the executed cross-access easement between this property and that to the north to address the cross access and encroachment issues. Page 20 of 22 JR Watersports Expansion (COUS 18-003/MSPM 18-005) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: None, all comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\JR Watersports/COUS 18-003 MSPM18-005\COA.doc Page 21 of 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: JR Watersports Expansion (COUS 18-003 / MSPM 18-005) APPLICANT: Mike Wood APPLICANT'S ADDRESS: 725 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21, 2018 APPROVAL SOUGHT: Conditional Use and Major Site Plan Modification approval for the expansion of JR Watersports onto the property to south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements, located at 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. 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 "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\JR Watersports\COUS 18-003/MSPM 18-005\DO.doc Page 22 of 22