AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon) D June 6, 2006 May 15, 2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) ~ June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3,2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda ~ New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under New Business for
preliminary consideration of a request for code review. Staff recommends that the Commission support the further processing
of this request from Ms. Leeza Arustamyan. If supported by the Commission, this proposed amendment to zoning regulations
will be forwarded to the Planning & Development Board for their recommendation before being forwarded for Commission
consideration. Staff has not completed its analysis and report, but supports this item preliminarily based on its similarity with
live/work ordinances of other local municipalities, and the potential for the proposed use to perform similar to several other
uses currently allowed.
EXPLANATION: The request is to amend the Land Development Regulations, Chapter 2, Section 6.H.15. Suburban
Mixed Use Zoning District to add "Massage Therapy" as a permitted use within the Live/Work use list of the SMU zoning
district. A provision for live/work units was included in the new (SMU) zoning district to support
the mixed-use environment for which it is was established. Similar zoning districts have been established in other cities
throughout the county to support this trend. The original list of permitted uses originated from a base list from another
jurisdiction. Several uses were omitted in drafting our code, such as retail and other uses that were judged as being too
intensive for the residential components of SMU projects being proposed in the city. Given the many uses that exist, and the
dynamic nature of the business world, it is impossible to create a perfectly complete list. See the
attached request from the applicant and the current list of permitted uses for Live/Work units.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTE~ATIVES:
/' /~~
, AhAlf~~
- ( pa . C. t Head's Signature
"ZU7 tJ_
Department ~
N/A
N/A
N/A
City Manager's Signature
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV Massage Therapy SMU\CDRV 06-001 Massage Therapy2,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
36
Boynton Beach Code
d. Tabulations analyzing the number of
total gross acres in the project and the percentages
thereof proposed to be devoted to the dwelling types,
nonresidential uses, other accessory structures,
off-street parking and off-street loading, streets,
recreation areas, parks, schools and other
reservations. Tabulations of total number of dwelling
units in the project by types and the overall project
density in dwelling units. Tabulations of floor area of
nonresidential uses and the overall project intensity.
Floor area as computed from FAR shall include the
floor area of all permitted principal or accessory uses
except areas for parking, storage, elevator hoist
equipment or machinery, heating or air conditioning
equipment, stairwells and towers, and the like; and
requirements deriving from floor areas shall include
such floor area.
e. Common areas. Once a master plan
and boundary plat approval has been obtained the
applicant shall proceed in accordance with the
requirements of the subdivision regulations,
determined to be applicable. In addition to the plat
certificates specified in the city subdivision regulations
and prior to recording a [mal plat, the developer shall
file, a legally constituted maintenance association
agreement for improving, perpetually operating, and
maintaining the common facilities; including streets,
drives, parking areas, plazas and open space and
recreation facilities; or he shall file such documents as
are necessary to show how the said common areas are
to be improved, operated or maintained. Such
documents shall be subject to the reasonable approval
of the City Attorney.
14. Once a master plan has been approved in a
SMU district, the designated parcels may be platted as
a boundary plat for the purpose of a sale to a
third-party purchaser. Each parcel that is platted will
be subject to technical site plan approval as provided
in the City's Code. This boundary plat may be
processed simultaneously with the SMU master plan
or a SMU master plan modification.
15. Live/Work Unit Permissible Uses. The
following list identifies the permitted uses within
designated live/work units, subject to occupational
license requirements:
2005 S-24
BUSINESS SERVICE
Addressing service/mailing list compiler
Arbitrator, mediator services
Cleaning services, maid, housekeeping,
janitorial
Commercial artist/design studio
Commercial photography
Computer programming service
Computer software development
Data processing
Direct mail advertising services
Editing, proofreading, typing service
Paralegal
Party supplies, rental/leasing (office only, no
storage on site)
Private investigator
Recording service
Secretarial service
Boat broker (office only)
PERSONAL SERVICE
Alteration, dressmaking shop, tailor
PROFESSIONAL SERVICE
Abstract anellor title company
Accountant/income tax services
Adjusters, insurance
Advertising office
Appraiser
Architect
Attorney
Auctioneer (office only)
Author
Broker
Business analyst
Calculating and statistical service
Court reporting/stenographers
Credit reporting
Engineer's office
Importer/exporter (office only)
Insurance agency /bond office
Interior decorating
Loan company office
Market research office
Model agency
Notary public office
Public relations office
Real estate sales/management office
Travel agency
)
OTHER USES
Tutoring or instruction (academics, music, art)
Art studio with ancillary sales
(Ord. No. 95-05, ~ 1,3-21-95; Ord. No. 95-24, ~~ 1,
2, 3, 8-15-95; Ord. No. 95-27, ~ 1, 7-18-95; Ord.
No. 95-45, ~ 1, 12-19-95; Ord. No. 96-51, ~ 3,
1-21-97; Ord. No. 97-24, ~~ 1, 2, 3, 7-1-97; Ord.
No. 97-29, ~ 1, 6-17-97; Ord. No. 98-31, ~ 2,
8-4-98; Ord. No. 99-38, ~ 1,1-4-00; Ord. No. 00-55,
~~ 3 and 4, 10-17-00; Ord. No. 00-63, ~~ 2, 3, 4,
12-5-00; Ord. No. 00-16, ~~ 2 and 3, 3-20-01; Ord.
No. 01-17, ~ 1,4-3-01; Ord. No. 01-30, ~ 2, 7-3-01;
Ord. No. 01-45, ~ 3, 8-7-01; Ord. No. 01-52, ~ 2,
10-4-01; Ord. No. 02-024, ~ 2, 6-18-02; Ord. No.
03-010, ~ 3, 4-1-03; Ord. No. 03-015, ~ 2, 5-6-03;
Ord. No. 03-016, ~ 3, 5-20-03; Ord. No. 04-011,
~ 2, 4-7-04; Ord. No. 04-027, ~ 4, 4-20-04; Ord. No.
04-032, ~ 2, 5-18-04; Ord. No. 04-67, ~ 2,8-17-04;
Ord. No. 04-79, ~ 3, 10-19-04; Ord. No. 05-017,
~ 2,3-15-05; Ord. No. 05-028, ~ 5, 7-5-05; Ord. No.
05-043, ~ 2, 8-16-05)
)
Sec. 7.
Planned industrial development district.
A. INTENT AND PURPOSE. A planned
industrial development district (PID) is established.
The purpose of this district is to provide a zoning
classification for light industrial development that will
better satisfy current demands for light. industrial
zoned lands by encouraging development which will
reflect changes in the technology of land development
and relate the development of land to the specific site
and to conserve natural amenities. Regulations for the
PID are intended to accomplish a more desirable
environment for industrial development in relation to
existing and/or future city development, permit
economies in providing public services, allow for
economies of scale in industrial development, and to
promote the public health, safety, convenience,
welfare and good government of the City of Boynton
Beach. PID districts may contain Mixed Use Pods
with retail, commercial, office, and residential
components, subject to the design and approval
criteria hereinafter set forth.
B. DEFINITION. A "planned industrial
development" :
2006 S-25
Zoning
37
1. Is land under unified control, planned
and developed as a whole in a single development
operation or an approved programmed series of
development operations for industrial buildings and
related uses and facilities;
2. Provides for an industrial district of
efficient and harmonious design so arranged as to
create an attractive project readily integrated with and
having no adverse effect on adjoining or surrounding
areas and developments;
3. Is developed according to
comprehensive and detailed plans for streets, utilities,
lots, building sites, etc., and site plans, floor plans and
elevations for all buildings intended to be located,
constructed, used and related to one another, and
detailed plans for other uses and improvements on the
land related to the buildings; and
4. Includes a program for full provision,
maintenance, and operation of such areas,
improvements, facilities and services for common use
by the occupants of the PID, but will not be provided,
operated or maintained at public expense.
C. MINIMUM LAND AREA FOR PID. The
mIDlffium land area for a planned industrial
development shall be twenty-five (25) contiguous
acres.
D. UNIFIED CONTROL. All land included
for purpose of development within district shall be
under the control of the applicant (an individual,
partnership, or corporation or group of individuals,
partnerships, or corporations). The applicant shall
present satisfactory legal documents to constitute
evidence of the unified control of the entire area
within the proposed PID. The applicant shall agree
to:
1. Proceed with the proposed
development according to the provisions of these
zoning regulations and conditions attached to the
zoning of the land to PID;
2. Provide agreements, contracts, deed
restrictions, and sureties acceptable to the city for
completion of the development according to the plans
Leeza Arustamyan
c/o Majestic Feelings Massage
9687 SW 1 Place, Boca Raton, FL 33428
l\1assage@11ajesticFeelings.com ~ 954-255-4854
r:m'~"."F". .-. iF'-(~~-"-';"~!r;'--'~-'-..'-. ,::......
o ~....;';!..._LUJ.__~IL.._i,:-.). i
/. r~IV 2 2 r',r-",(, ..1,'
"'Hr I.~~,~I, '0 : !
t I...
I __ I
DE~MENT OF ~:lOP'W I',; ,
---~-
May 17,2006
Michael W Rumpf
100 E Boynton Beach Blvd
PO Box 310
Boynton Beach, FL 33425
____n.- _,_
,--"'---- -:_.w~-~.:~.---:.~._ (1 ('Ii) 1:' ~ -">
I""., ,C \fl~ \1_ 1\ ',';. 'I
:,' :,',:; :..-~~.!':--~._-.-~-;~~I { ,
\ I ' ,:
\ .\U: MAY 2 2 2006 r.
::::e:~:: l:e::::apPliCatiOn/reqUest to add to the list of allOWe1b:::~:=~~
zoning the following business:
RE: Addition to the list of uses in SMU zoning
i
.1
· Massage Therapy (Body Care)
Purchasing a unit in Renaissance Commons has given us the opportunity to realize our long-lived
dream of balancing living and working together in the same setting. While raising two boys, we
believe it will be a great opportunity for us to keep an eye on the kids while doing what we love.
My husband, Vigen Arustamyan, and I own a home-based massage therapy business - Viglee Corp,
d.b.a Majestic Feelings Massage.
Vigen is an experienced, insured Florida state licensed massage therapist (LMT# MA41224) with a
clean record.
Currencly our business is a mobile based business. At the present time Vigen has three regular
clients. Although we do intend to increase the number of clients, one is physically not capable to
massage more than 3-5 clients a day. The physical limitations of a low clientele should keep the
traffic in the neighborhood down to a minimum.
Due to the nature of the business, we do not depend on frequent deliveries or produce excess
waste.
As per the City of Boynton Beach code, the Massage Therapy office will be located on the gronnd
level and will not utilize garage or living spaces. No more than 30% of the live/work unit will be
allocated for working space. In addition, the office will be a separate unit from other uses in the
building. (please see enclosed floor plan)
Entree to the office will be accessible from the front of the unit from the public sidewalk adjacent
to the street.
- 2 - May 17,2006
Vigen and I intend to live in the unit and will not have more than two (2) on-site employees, in
addition to us at any time.
In order to succeed, we are determined to follow the codes and policies, thus we intend to obtain
Florida State establishment license for our business. By obtaining the license it will mean that we
have met all the requirements and will adhere to all the rules and regulation not only for the
physical structure of the unit, but "With the health and insurance set of laws.
Attached please find three letters signed by Stephen Liller of Town and Country Homes, Richard
Foreman of the Sembler Company, and Carl Klepper of Compson Associates. These three
development companies own more that 500/0 of land within the SMU zone and have endorsed the
changes we have requested.
Please do let me know if you have any questions and/or concerns via e mail
Massage@MajesticFeelings.com or via 954-255-4854.
Respectfully,
Leeza Arostamyan
Majestic Feelings Massage
Enclosed:
o Application fee $250.00
o VigLee corporation information
o Florida State Massage Therapy License
o Proof of Clean record
o Palm Beach County Occupational License
o FS:MTA Liability Insurance
o First Floor - floor plan
o Abacoa - Jupiter list of allowed businesses
o Three letters of developers endorsing the change request
k, /