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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D August 21 , 2007 August 6, 2007 (Noon,) D October 16, 2007 October 1, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) [gJ November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
[gJ Public Hearing 0
RECOMMENDATION: Please place this tabled item on the November 20,2007 City Commission Agenda under
Public Hearing. The City Commission, on November 12, 2007, tabled this item to the November 20th meeting at the request
of the agent. The Planning and Development Board, on September 25, 2007, recommended that the request be denied. For
further details pertaining to this request, see attached Department Memorandum No. 07-079.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the subject use, Makrista
Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within
the C-I Office and Professional Commercial Zoning District.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
AL TERNATIVES:
Develop
City Manager's Signature
Assistant to City Manager
L~;J {,_.ff ~/
Planning and ZOnin~ir~ctor City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Makrista Baby ADAP\Agenda Item Request Makrista Baby ADAP 07-002 1O-16-07,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-079
TO:
Chairman and members
Planning & Development Board
Community Redevel~t Agency Board
Michael Rumpfl;JJ. .
Planning & Zoning Director
August 3, 2007
FROM:
DATE:
RE:
Makrista Baby (ADAP 07-002)
Appealing administrative determination that use is not permitted in the C-l
Zoning District
BACKGROUND
On June 4, 2007, the city received a letter from Jason Mankoff, attorney with the firm of Weiner
& Aronson, P A representing a request for zoning determination, or alternatively stated, a
similarity of use request (see Exhibit "A"). More specifically, the letter requested that a business
named "Makrista Baby" be found similar to a tailor and dressmaker, which are personal services
listed as conditional uses under item "s" of Section 6.A. C-1, Office and Professional
Commercial District (see below).
liS. Barber shops, beauty salons, manicurists, tailors and dressmakers. *"
Based on this alleged similarity, Mr. Mankoffrequests that the subject use be construed as an
allowed use within the City's C-l, Office & Professional zoning district. Justifications provided
to support the request emphasized customer traffic and the principal business activity of altering,
adapting and embellishing clothing. It was also stated that the company's processes include using
digital photography and computer equipment to photograph or enhance the product line, which
would also be similar to another allowed use in the C-l district, Photography studio services.
On June 15th, after conducting the appropriate review, staff replied in writing to the above-
described request (see Exhibit "B"). Staff denied the request that the subject use be determined
similar to a tailor or dressmaker, based on the findings that the subject use possesses
characteristics that are clearly commercial in nature, and therefore would be categorized as a
retail and wholesale use accommodated by the City's commercial zoning districts rather than the
office and professional district.
In a letter dated June 27, 2007, Mr. Mankoff appealed the staff determination thereby requesting
that the matter be reviewed by the Boards and Commission (see Exhibit "C"). The City's Land
Development Regulations, Part III, Chapter 1.5, Section 4.1(E)(3) provides for the review of
appeals of the decisions of an administrative official, by individuals who may be affected by any
decision of an administrative official interpreting any zoning ordinance. The only procedural rule
Makrista Baby (ADAP 07-C )
Page 2
stated in the LDRs is that the appeal be made within 30 days from the date of the administrative
action. The subj ect appeal has been filed consistent with this requirement.
FINDINGS AND ANALYSIS
The staff analysis on which the original determination was based, concentrated on the following:
1. The intent and nature of the C-l zoning district;
2. The characteristics of the targeted personal services category; and
3. The predominant retail component ofthe subject business.
Section 6.A of the city's zoning regulations describes the intent of the C-1 zoning district to
". . . provide appropriate space for office and professional uses, located to provide ready access to
such services to all.". The C-l district includes the following uses (paraphrased):
churches pharmacies
financial institutions medical supplies
funeral homes (crematorium*) eyeglasses and hearing aids
government facilities professional and business offices
hospitals veterinary offices and clinics
doctors and dental offices nursery schools*
schools restaurants ancillary to an office building*
tutoring for office occupations and barber shops, beauty salons, manicurists,
academics (>1,999 Sq.ft.*) tailors and dressmakers*
copying service and print shops dentallabs*
photography studios services (excluding nursing homes
retail sales of supplies and accessories)
(Note: conditional uses are identified with the "*")
Intent and Nature of C-1 Zoning District
The above table represents an array of use category that primarily involve office, professional
and medical businesses or facilities. Furthermore, it should be emphasized that those uses that
include retail sales as a principal use are directly related to the medical industry or provide a
related and necessary professional service such as that required in connection with the purchase
of eyeglasses or hearing aids. Such uses are limited to pharmacies, medical supplies, eyeglasses
and hearing aids. The list above also includes unique uses that are typically accommodated in
many zoning districts based on zoning practice, law and compatibility. Such uses are unique to
other uses and easily distinguished by performance, peak activity, and/or relationship with
patrons or employees of the other uses in the district.
In contrast, the C-2, Neighborhood Commercial district in the "zoning pyramid" is the first
district that introduces retail as a principal use. The first five use categories listed under the C-2
district involve merchandise that includes auto parts, camera equipment and supplies, furniture
and home furnishings, flowers, and bicycles. This zoning district also allows clothing, clothing
accessories and shoes if the store is less than 10,000 square feet. These and the remainder of uses
Makrista Baby (ADAP 07-G
Page 3
)
allowed in the C-2 zoning district consist of retail sales as a principal use and have specific lines
of merchandise.
Characteristics of Personal Service Use Category
It is traditional and typical for uses such as barber shops and other "personal services" to be in
close proximity to business offices. This category also includes specialized services such as
tailors and dressmakers. Given the nature and characteristic of the category, to provide one-on-
one service to patrons, a "dressmaker" excludes larger-scale textile operations that are otherwise
limited to districts that allow manufacturing. The business within this personal service use group
provide services to individual customers as a principal use, and only sell retail products as
accessory to the principal use. Any equipment used by tailors and dressmakers are solely
intended for performing a service on the individual materials that are brought by the customer.
Makrista Babv - Retail Sales as Principal Use
In contrast, the Ma.1<.rista Baby business, as described in Mr. Mankoff s letter dated June 4th, " is
a company whose primary business is that of a small children's clothing line". The customers are
described as "currently small, high-end children's boutiques across the country". This statement
also describes the operation as a wholesale business. According to the company's web site, the
product line consists of clothing intended for babies to toddlers (i.e. sizes zero (0) to 24 months),
and generally include "T"-shirts, "yoga" pants, leggings, bibs, cardigans "onesies" and hats. The
clothing is marketed with an artistic theme represented by different images, designed by the
merchants using elements such as animals, instruments, and foods. The clothing product is not
provided by the customer, but is the merchandise manufactured by the company. It is understood
that the clothing is manufactured offsite. Consistent with information provided in the website,
Mr. Mankoffs letter also describes the operation as follows: "They embellish already
manufactured articles of clothing by dying, adding heat pressed images to the fabric, or sewing
on patches.". Furthermore, the operation is described as using equipment that is typically a part
oflight to heavy commercial operations allowed in the C-3, C-4 or M-I zoning districts.
The narrative provided above describes what is known typically as a boutique retailer, which
provides a special retail product unique to that provided by national or other large retailers.
Lastly, staff recognizes that it is common today for many uses to have increasing electronic
business using the internet. However, the subject business also accommodates walk-in
customers, and does not operate to reduce walk-in customers accordingly. Therefore, this review
has not accounted for "e-commerce" and any suggested reductions in site impacts or
performance.
CONCLUSIONS/RECOMMENDATIONS
Staff recommends that the appeal be denied, and that the staff determination regarding the
dissimilarity between the proposed business and the use "tailors and dressmakers", as allowed in
the C-1 Zoning District, be upheld. This recommendation is based, in part, on the following:
1. The subject use, Makrista Baby, consists of a principal use that is clearly a retail
operation marketing a product line consisting of baby and toddler clothing;
2. Except for commercial or industrial businesses, to accurately assess compatibility and
relationship with adjacent businesses, performance (i.e. type of patron or vehicle traffic),
Makrista Baby (ADAP 07-( )
Page 4
and consistency with local zoning regulations, uses are evaluated primarily based on the
service or products provided rather than solely on the equipment or processes used;
3. The C-1 zoning district is not intended for retail businesses except for those uses related
to the medical or health industry; and
4. There are other districts clearly intended for the subject use including the C-2, C-3, C-4
and PCD zoning districts.
Lastly, consideration should also be given to an inevitable consequence if this appeal is
approved. A finding of similarity between the subj ect use and C-1 zoning district, could support
the approval of similar appeals subsequently filed, and ultimately weaken the definitions and
interpretations that differentiate the C-1 zoning district from other districts that allow retail and
commercial uses. This action could affect use compatibility, availability of land for the intended
businesses and present a challenge to meeting the more intensive parking requirements for
retaiVcommercial uses.
MR
Attachments
S :\Planning\SHARED\ WP\PROJECTS\Makrista Baby ADAPlstaffreport.doc
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
'fp~ EXHIBIT A
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.VErNER & ARONSON, P.A.
ATTORNEYS AT LAW
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHA YNA M. REITMAN
June 4, 2007
Via Hand Delivery
ivir. Michaei Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
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Re: Similarity of Use
Our File No.: MABA002
Dear Mike:
Pursuant to the City of Boynton Beach ("City") Code of Ordinances, we are
requesting a similarity of use within the C-1 Office and Professional Commercial District.
Within the C-1 zoning district, tailors and dressmakers are allowed as a conditional use.
This letter will explain why we believe the proposed use is similar to a tailor and/or
dressmaker.
Makrista Baby is a company whose primary business is that of a small children's
clothing line. The operations would be located at 230-236 SE 23rd Avenue. They
embellish already manufactured articles of clothing by dyeing, adding heat pressed
images to the fabric, or sewing on patches. They would also like to silk-screen images
onto the clothing through the utilization of a manual five (5) screen print machine.
The majority of the clients of Makrista Baby are currently small, high-end
children's boutiques across the country. Business transactions take place over the
internet and telephone. However, Makrista Baby would also like the opportunity to sell
items created directly to clientele, as would be the case with a tailor or dressmaker.
The operations would include digital photography and illustrations using both
cameras and computers, possibly of children in the Makrista Baby line of clothing.
Photography studio services and developing/finishing of customer film is a permitted
O'\MABA002\Leller 10 Michael Rumpf re similarily of use. June 4 2007,doc
Mr, Mike Rumpf
June 4, 2007
Page 2 of 2
EXHIBIT A
use within the C-1 district. Thus, the activity of photographing children in their products
and creations is equivalent to this permitted use, as these photographs would not be
developed or sold for retail.
Makrista Baby is a specialized, low traffic, small business. Their activities are
similar to those of a dressmaker and tailor, as they are merely altering, adapting and
embellishing the clothing as it currently exists for specific clientele. Thus, the operations
of Makrista Baby should be permitted as a conditional use in the C-1 zoning district.
Additionally, if the similarity of use is granted, the use would still be subject to the
additional requirements for a conditional use, including approval by the appropriate City
Boards. This is simply small business owners wishing to conduct themselves in
accordance with the City ordinances, and thus are requesting a similarity of use in order
to do so.
Vej'UIY lI6urs,
ti I ~ankOff
~/tt'~; ~
ltc: Ms. Kristy Golden
Ms. Stacy Beck
Michael S. Weiner, Esquire
Shayna M. Reitman, Esquire
O:\MABA002\Leller 10 Michael Rumpf re similarity of use. June 4 2007.doc
., The City of Boyntt.-l Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
EXHIBIT 81
www.boynton-beach.org
June 15, 2007
Mr. Jason S. Mankoff
102 North Swinton Avenue
Delray Beach, FL 33444
~,.,.
Re: Similarity of Use - Malaista Baby and tailor/dressmaker in C-l
Weiner & Aronson, P A file: MABA002
Dear Mr. Mankoff:
Staff has reviewed your request to detennine if the above-referenced use is similar to a tailor and/or dressmaker,
allowing such use to be conditional in the C-l Zoning District pursuant to use item "s" within Section 6.A of the
City's Zoning Regulations. Item "s" is titled as follows:
"s. Barber shops, beauty salons, manicurists, tailors and
dressmakers. *"
Although the subject use may use similar equipment as a tailor or dressmaker, the principal aspects of the
businesses being compared differ; tailors and dressmakers are classified as personal services whereas the subject
use is interpreted principally as a retail or wholesale operation. Although if the use "dressmaker" were listed
individually in the city's zoning regulations, and not defmed otherwise, it could be construed as a retaiVwholesa1e
business or even a manufacturing business. However, the "dressmaker", along with barber shops, beauty salons,
manicurists, and tailors are "personal services". Although such businesses may sell some products, that
component would be ancillary to the principal service use.
4
The interpretation used in this review for the subject business has been based, in part, on the descriptions taken
from the web site for Makrista Baby. You will see from this narrative, that a retail product is the foundation for
this operation. This business provides a product, rather than a service. To support this position, excerpts from the
subject web site have been included below:
Our 2arments are manufactured using only the highest quality fabrics and workmanship. We use only
ringspun 100% cotton yarns, chosen from selected cotton fields around the globe. After much research
we have found that the European combed cotton used in our clothing is the very softest available. This
provides our garments with the soft, plush feel you and your baby deserve.
Makrista Babv cIothin2: is garment dyed using our own custom mixed dyes and finished with double
stitching and all seams have an overlock stitch to prevent unraveling.
And further:
We take pride in providing versatility by allowing our customers to choose any Makrista Babv ima2:e and
apply it to any garment we carry.
4; Page 2
June 15, 2007
EXHIBIT B
And lastly:
100% Guarantee on alll!:arments with factory defects when reported within 15 days of receipt.
As for the photographic component of the operation, based on your description and information provided on the
company's web site, I must assume that this is an ancillary aspect and has been reviewed accordingly.
In closing, if such businesses were interpreted as being consistent with the above-described personal service item,
this precedence would justify subsequent similar requests involving retail/boutique businesses and the C-I
Zoning District. Furthermore, if a comparison is based primarily on the equipment used, then other valuable
characteristics that comprise a given business would be excluded, and necessary for determining performance
characteristics and intended relationships with other businesses in a given district.
I trust I have adequately responded to your request. However, if you have any questions regarding this letter, or
additional information that contrasts the findings or assumptions stated herein, please contact me. Unless personal
service characteristics are identified similar to those currently accommodated by the C-I district, I'm certain that
you would arrive at the same conclusion given your knowledge of and experience with local zoning regulations.
Sincerely,
~tJz-
- - .
Michael Rumpf
Planning & Zoning Director
MR
cc: M~ime Ducoste Amedee
S'\Planning\SHARED\WP\CORRESP\ColTesp M thru Z\Makrista Baby - Similarity of use (tailor and dressl11aker),rtf
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
EXHIBIT C
MICHAEL S. WEINER
CAROLE J. ARONSON
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
June 27, 2007
Via Hand Deliverv
Mr. Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FIOiida 33425
~~@~ow~@
JUN 2 B 2007
PLANNING AND
ZONING DEPT.
Re: Makrista Baby
OUf File No.:MABA002
Dear Mike:
We are requesting a hearing before the City Commission to appeal your decision
that the business operations of Makrista Baby are not a similarity of use to that of a
tailor/dressmaker, which are conditional uses in the C-1 zoning district pursuant to Section
6.A of the City's Zoning Regulations, Item "s" is tilted as follows: '''so Barber shops, beauty
salons, manicurists, tailors and dressmakers." The property located at 230-236 SE 23m
Avenue is within the C-1 zoning district.
We are authorized to make this request purs~nt to the Land Development
Regulations ("LDRs") of the City of Boynton Beach ("City") under Chapter 1 t General
Provisions: Article VII, Appeals. Our Similarity of Use request dated June 4, 2007 is
attached as Exhibit "A" and made a part of the record. Your response of June 15, 2007 is
attached as Exhibit "B."
Since your decision was rendered on June 15, 2007, this request is timely filed
within fifteen (15) calendar days, as required by the LDRs. We are appealing this decision
because the operations of Makrista Baby are in fact a similarity of use to that of a
tailor/dressmaker. The terms "dressmaker" and "tailor" are not specfficafly defined in the
City's zoning regulations so they must be given their plain meaning.
The American Heritaqe Dictionary defines "dressmaker" as one that makes women's
clothing, especially dresses. Makrista Baby is making baby clothing. "Tailor" is defined as
one that makes, repairs and alters garments. Makrista Baby's business is the making or
altering of baby clothes. Rooet's New Millennium Thesaurus includes garment maker,
dressmaker, outfitter, clothier and seamstress as synonyms to tailor. The operations of
Makrista Baby primarily consist of images being applied to the already manufactured t-
shirts by a digital screen printing process or by sewing. This operation is similar to that of a
dressmaker and/or tailor in that garments are being altered or made. It is no different than
O:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007. doc
Mr. Michael Rumpf
June 27, 2007
Page 2 ot 2
EXH1BjT C
the embroidery of initials on a shirt of other garments to personalize it for its owner.
Enclosed please find a check in the amount of Seven Hundred Fifty and 00/100
($750.00) Dollars representing the fee required for this appeal. I understand that a survey
is not necessary for this type of appeal.
Please let me know the date of this appeal before the City Commission. We reserve
the right to present more evidence at the hearing.
JSM:vf
Enclosure
Cc: James Cherat, Esquire (w/enclosure)
Ms. Janet Prainito, City Clerk (via hand-delivery w/enclosure)
Ms. Kristy B. Golden (w/o enclosure)
Ms. Stacy Beck (w/o enclosure)
Michael S. Weiner, Esquire (w/o enclosure)
O:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007.doc
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 Tumed
Meeting Dates in to City Clerk's Oftice Meeting,Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October l, 2007 (Noon
0 rgj 13
Scptember 4, 2007 August 20, 2007 (Noon) Novembel\q,,2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
0 Octobcr 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
0 AnnOUllcementslPresentations D City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[8J Public Hearing D
RECOMMENDATION: Please place this tabled item on the November 13,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on September 25, 2007, recommended that the request be denied.
For further details pertaining to this request, see attached Department Memorandum No. 07-079.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION;
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the subject use, Makrista
Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within
the C-I Office and Professional Commercial Zoning District.
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TER.~A TIVES:
City Manager's Signature
Assistant to City Manager
........;;~
/'
.1 .'
Planning and Zonin. ector City Attorney / Finance
S:\Planning\SHARED\ WP\PROJECTS akrista Baby ADAPlAgenda Item Request Makrista Baby ADAP 07 -002 10-16-07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed 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
0 August 21,2007 August 6,2007 (Noon,) ~ October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
D Code Compliance & Legal Settlements D Unfinished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the October 16,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on September 25, 2007, recommended that the request be denied,
For further details pertaining to this request, see attached Department Memorandwn No. 07-079.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the subject use, Makrista
Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within
the C-l Office and Professional Commercial Zoning District.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Deve
City Manager's Signature
Assistant to City Manager
Ii
Plamlirig and Z g Director City Attomey / Finance
S:\PlanningISHARED\WP\PROJ 'CTS\Makrista Baby ADAP\Agenda Item Request Maklista Baby ADAP 07-002 10-I6-07.doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,DOC