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REVIEW COMMENTS l! (,-' -f 0</V,-? b, hv. {)".I/) v 7.B.l MAKRISTA BABY (ADAP 07-002) ADMINISTRATIVE APPEAL 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). "s. 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-1 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 07-002) Page 2 stated in the LDRs is that the appeal be made within 30 days from the date ofthe administrative action. The subject 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-1 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 offi.ce 3.!1j P~2.f~~~iop:(lL.Y:~.~; 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 medicalindustry 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. IE.. contrast~ the C-2, N~hborhood Conup.ergl!Ldistrict in the "zoning pyramid" is the first Qist~ct th~~uces retail as a principal u~~ Tb.~Ji.rst five use categorie!i listed un,<ler the.C:-2 di~tnct inyolve rn..J~r.flL'!D4.i.!i~Jha.ti~eUYJ.Q.JHlrt~.L.~~~ra equipment and supplies, furniture andhom~.fu1!1ishings,..f!~~~r_~_'!I!(lJ2~Jes. ~~!?:g, 4!~!![ct aI~o:~i!QiVs' 91Qtmp.g, Clothipg acce~~.9ii.~~_apQ_s.11o~iifthe store i~ l(;:ss than 10,000 s9...u_<H:~~et. These and the remainder of uses r---"'- , ....,.,. ._".,.."..~" .'" Makrista Baby (ADAP 07-002) Page 3 .' ' , !-'",'... allowed in the C-2 zoning district consist of retail sales as a principal use and have specific line~ ( J ,', of merchandise. ~ )V~~,~ L~, ~/ " ) G- l' " '/ "- c_,'l ""iZ 0' \ t 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 categpry also include s ecialized services such as . . ,.;- h! "C C \ ",,\,(, '" .J t te 5 . tailors and dressmakers. GIven the nature' " to prOVIde one-o - "'-- _---wO'O' ""...,"- "'''-'---'''''''00 "-""-",,,-,,..,.-""" " ,. ,"_ one service.JQ12~tn2_n,~-.>_a "<J!~iSl11ak~r" excludes ~J...le textile operatIons tharare othe ise limit~iiu-~di.sJriQ.t:;;Jh~t"ail~.~ map.1!facturing. The busin~within this personal s~~i~e3' ioup provide services to individual customers as a principal use, and only selLretail pr{}dUCts as accessory to the principal use.1\m'. equ!pp1~I.!! ,.l!~,~dJ~)'.!"l:lj1.QJ1)J!!l!i (h:e_$s.m~~E~are solely ..int~n~e~_f?.~...E.erf<:>.~ing; a s~rvic~ oiithe individual materials that are brought by"ihe-customer. L. -- cX~ ---- Makrista Baby - Retail Sales as Principal H~e ~ 3 j!! contras"t th! M.akri$laB.'!l2y ~usiness .. tlescribed in Mr. Mankoffs letter dated June 4th, ":fit ~... ~ a company whose primary b~sin~asIl1a1l'children's "()~9!11"h!gJ!11.5l:. The customers are -cteScnbedas "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 web site, 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 t~_~~,,~~Y.C.9~.~~(operations allowed in the C-3, C-4 or M-l zon!ng districts: . . 'Cfl ..+he. jU~-hrl.c.... .(\~ 0- (', ~tL ,"",\ .-fie.... .C~.f:'[ntr~ W'" bSi"'e.- The narratIve prOVIded ,atrove desc1'1b~sF"ha!.ls known typIcally as a boutIque retaIler, wh'icIi r ___....__.u.._._..,."__.~_._ _._..~~..,_",.,,_ --......._. ,~_ . .._ provides a special retail product unique to that provided by national or other large retailers. I i i / ~l 1'"Last1~, 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. <''11 ,-.,t.- ( 'd^-~ C ,':oi' ( 1.,,\,5 I CONCLUSIONS/RECOMMENDATIONS ,~!affr~con:une~~~that the appeal be Qt;::pjed, and that the staff determination"r~~ardi~g.the dissimilarity between the proposed business,'!l1<:fthe u~e "tailo:r~,JlUd,.dressmak~t~':.J,l~__,!llo..Fe.<J in ~~iiing Dish1ct~- be'~p~~eld., T~~~~~enda!ion.is based, in p~, on the followin..g:. 1. Th~ subj~ct use, Makrista Baby,consists of a principal use that is clearly a retail opemtIoninarketing a prodJl~~~~~i.~tiug_Qfl~!!QyM1<J.!Q.4~j~r-:~rothJng; - ,..- 2. J?xceJ:1t for,,' ~mmerc" ~a!_~r in" "dustn",,' al b" usinesses, to accurately assess compatibility and relationshiywith adjacent b~sinesses, performance (i.e. type of patron or vehicle traffic), h((~J~p( Makrista Baby (ADAP 07-002) Page 4 ~~lls.istency..withJo~aJ zoning r~gulation~~ uses are evaluated priIE,aril~J?~<LQ.!}Jhe ~~ty!~~_9r1?roduc!~ proxi~~4 rather than solelY,on t~e ~quipm~riIQUirQ.ce&sc..sJ'!~e_d; 3. lh~::L zoninK~h~ct is 1!()"t..!:~!!.ended fQI. retail bus~nes~e._~ except for thos~ Jl~~~ related, t()J_lJ~~<li~.'!!_~~_I1~_aJt.h indllstry; ~ c-( (: I S. ,--"C cc- . .--.. .\\"' /D~. r'I (l I (" W ....,...1. 4. There ~~Q!l1er districts.clearly intended for the subject use including the C-2, C-3, C-4 ..) \.~: and PCD zon!!l~,~~~~cts. c;.. r ( Lastly, consideration should also be given to an inevitable consequence ifthis appeal is approved. A finding of similarity between the subj ect use and C-l 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 retail/commercial uses. MR ~, -" i.. .1.,.. "..--, 1 \ !...- '\,' (' 1'~"\' ( , ('" ;(5' f (( Attachments c.., ,- {( """'f ( , ~, ~ J... " , 'I.. ~;I( I I _ ~~. ~ i c,ti,e: ~ S:\Planning\SHARED\ WP\PROJECTS\Makrista Baby ADAP\staff report. doc " . S,1 let' '., V;''. Ii'; 1<, V )Y)',( "n,,+ l\c( ".' ....... .t:.... (' ,\-. (' \ ,.. r, ,,..' / ....r.. ,.~ C\i..eel",'\, '\ (/ ,/ Ice .~. 'co' .." I') ~ -r. /7:" I('.! --r ,<'" C t. S '-.... C. I r-' ~ .- ..0' I, /, / ,.., ) "'.....",...,.-. i".., (., ,/ ~(>-:-\ , / )' ,.\ '" MICHAEL S. WEINER CAROLEJ.ARONSON WEINER & ARONSON, P.A. I!D~.!l m~ ,,~....XHIBIT A ATTORNEYS AT LAW Wi -...-......./t../j!i":- The Clark House ! '.tI,.' 4 ~:> . '. 102 North SWinton Avenue __ "LV! ---- , De/ray Beach, FL 33444 ..-___._jZ:~:',..;.,;~,,..,:,:,307pM Telephone: (561) 265-2666 ""<~..:'-f! -""./0 / Telecopier: (561) 272-6831 -'-........... E-mail: jmankoff@zonelaw.com '......... j JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN June 4,2007 Via Hand Delivery Mr. Michael Rumpf, Director Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 r-, . '-".~i .tl1f ~'~'!J,' I~~..J .( . . 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 similarity of use June 4 2007 doc EXHIBIT A Mr. Mike Rumpf June 4, 2007 Page 2 of 2 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. V811ru,y)&Ours, ;11 ~ankOff IJ~t(~~ ~ ,. I ~d;C: Ms. Kristy Golden Ms. Stacy Beck Michael S. Weiner, Esquire Shayna M. Reitman, Esquire o \fvIABA002\Leller to Michael Rumpf re similarity of use. June 4 2007 doc The City of Boynton 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 Bi www.boynton-beach.org June 15, 2007 Mr. Jason S. Mankoff 102 North Swinton Avenue Delray Beach, FL 33444 Re: Similarity of Use - Makrista Baby and tailor/dressmaker in C-l Weiner & Aronson, P A file: MABA002 Dear Mr. Mankoff: Staff has reviewed your request to determine 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 defined otherwise, it could be construed as a retail/wholesale 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. 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 garments 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 Baby clothing 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 Baby image and apply it to any garment we carry, . 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 anciIIary 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 retaillboutique businesses and the C-l 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-l district, I'm certain that you would arrive at the same conclusion given your knowledge of and experience with local zoning regulations. Sincerely, t~ - - . Michael Rumpf Planning & Zoning Director MR cc: Max,ime Ducoste Amedee S \Planning\SHARED\ WP\CORRESP\Corresp M thru ZlMakrista Baby - S1Illilarity of use (tailor and dressmaker).11f WEINER & ARONSON, P.A. ATTORNEYS AT LAW EXHIBIT C MICHAEL S. WEINER CAROLEJ.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 1 00 East Boynton Beach Blvd. Boynton Beach, Florida 33425 ~~@~aw~@ JUN 2 8 2007 PLANNING AND ZONING DEPT. Re: Makrista Baby Our 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 23rd Avenue is within the C-1 zoning district. We are authorized to make this request pursu~nt to the Land Development Regulations ("LDRs") of the City of Boynton Beach ("City") under Chapter 1. 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 specifically 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. Roqet'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 0:\MABA002\Letter to Mike Rumpf requesting Appeal. June 27, 2007.doc Mr. Michael Rumpf June 27, 2007 Page 2 of 2 EXHIBIT 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. ;Jason S. Mankoff JSM:vf Enclosure Cc: James Cherof, 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\Lelter to Mike Rumpf requesting Appeal, June 27, 2007.doc This is an administrative appeal of a zoning interpretation filed by Jason Mancoff, attorney with the law firm of Weiner and Aronson. The appeal is to the zoning interpretation that the subject use, Makrista Baby (a business that retails and wholesales a particular line of baby clothing) is not similar to a tailor and dressmaker as intended for the C-I Office and Professional Zoning District. Therefore the subject use is not allowed in the C-I zoning district. Such appeals are rare since the city's zoning regulations were generally based on model ordinances used nationwide, applying standardized zoning theory and practice. The zoning regulations are also enforced as uniformly and consistently as possible. Such appeals or even variances are often requested when a given party finds themselves under contract, or as the new owner of property before they confirm that the subject property is zoned for theiV>usiness plan. Then, backing themselves into the process, an argument is formulated to connect the proposedPlan with the adopted zoning regulations. u.--f/CY0 pi 10 t J5;l}(~'7j In this case, the argument being presented to us in support of the appeal is that the process to prepare the clothing line for sale is similar to the tailor and dressmaker uses that are currently conditional uses in the C-I zoning district. The argument is specifically that the subject use uses similar equipment and processes in preparing its clothing products. Photography equipment is also referenced as equipment used in the operation, and as a similarity with or link to another allowed use within the C-I zoning district. However, a few points clearly distinguish between the allowed uses under the C-I district and the subject use that sells baby and toddlers clothing. The C-I uses are a unique set involving primarily office, professional, and financial uses, medical uses and facilities, churches, schools, and personal services. The personal services are limited to customer care with retail sales as subordinate and accessory. It is the C-2 zoning district that clearly introduces retail sales as a principal use into the zoning district, including uses that carry specific lines of merchandise such as clothing. It is traditional for personal services such as barber shops and tailors to be in close proximity to professional offices. (See report- 1 (See report- 2 In contrast ...... 3 /' \~ V P (r c~ r,-{.f ,?'U:v,,- p. -h"-'f<- .1/<--{.Jt:'- ~.c S:res5 ::-. / 7'c ...~- ~ '(10..- ~ ~,,\ (>, (f~( [' c-<'c- t: "7 ~ ,Ab/v e.- (~.:::..J) t < c((' f C"Cs (/ ('J (1< ( ",' ( _ " ,/ '" --r::- ," s c" . 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'\ ~ ,{. ~, \~'-=1 T .01(' "l ~, c (;':.7 ~rl>'--1~ t: (' 7{ .,(' '/.- ,- v"-..... ( (.,' ,.-- (..... "', ~(.: ''i /0 f~; (L,. ~;-', ( .X>. ~ ""," "..-. ( ~/6 /(..~ ~ ' .i ~:~--:' () /7 --J (.! S "')i .1 - (,r:::-;-r 7.B.l MAKRISTA BABY (ADAP 07-002) ADMINISTRATIVE APPEAL DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07-079 TO: Chairman and members Planning & Development Board Community Redevel~t Agency Board Michael Rumpf1~. . 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-1 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-I, Office and Professional Commercial District (see below). "s. Barber shops, beauty salons, manicurists, tailors and dressmakers. *" Based on this alleged similarity, Mr. Mankoff requests that the subject use be construed as an allowed use within the City's C-1, 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-1 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.I(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 07-002) Page 2 stated in the LDRs is that the appeal be made within 30 days from the date of the administrative action. The subject 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-1 zoning district; 2. The characteristics ofthe targeted personal services category; and 3. The predominant retail component of the 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-1 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 ifthe store is less than 10,000 square feet. These and the remainder of uses Makrista Baby (ADAP 07-002) 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 Baby - Retail Sales as Principal Use In contrast, the Makrista Baby business, as described in Mr. Mankoffs 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 of light to heavy commercial operations allowed in the C-3, C-4 or M-1 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 07-002) 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 retail/commercial uses. MR Attachments S :\Planning\SHARED\ WP\PROJECTS\Makrista Baby ADAP\staff report.doc VVEINER & ARONSON! PoAo ~~.n~.r1l (i! ~_;-~EXHIBIT A ATTORNEYS AT LAW I ~""~.~,,~~ /i 1," .. { .....:,..,...... ! I '" ' The Clar~ House i 'JJ! ~ 4 ;j~()? 102 North SWinton Avenue _____ d'Uf De/ray Beach, FL 33444 --__..... r},'~';'" 307pfV\ Telephone: (561) 265-2666 --' ..... " '-...c! ........;q ..... f I' Te/ecopier: (561) 272-6831' ..,........_~_"_ j E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN June 4,2007 Via Hand Delivery Mr. Michael Rumpf, Director Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 ,r- Re: Similarity of Use Our File No.: MABA002 '-~ :1flll" 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\Letter to Michael Rumpf re similarity of use June 4 2007 doc EXHIBIT A Mr. Mike Rumpf June 4, 2007 Page 2 of 2 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. ve1!'u,y ~urs, J.t! ~ankOff /ltt~~ ~ i I ( <tc: Ms. Kristy Golden II Ms. Stacy Beck V Michael S. Weiner, Esquire Shayna M. Reitman, Esquire o \MABA002\Letler 10 Michael Rumpf re similarity of use. June 4 2007.doc The City of Boynton 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 B 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-1 Weiner & Aronson, PA file: MABA002 Dear Mr. Mankoff: Staff has reviewed your request to determine ifthe above-referenced use is similar to a tailor and/or dressmaker, allowing such use to be conditional in the C-1 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 defined otherwise, it could be construed as a retail/wholesale 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. . The interpretation used in this review for the subject business has been based, in part, on the descriptions taken from the web site for Malaista 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 garments 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 clothing 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 Malaista Baby image and apply it to any garment we carry. . 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 retaillboutique 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-l district, I'm certain that you would arrive at the same conclusion given your knowledge of and experience with local zoning regulations. Sincerely, tt/? Michael Rumpf Planning & Zoning Director MR cc: Maxime Ducoste Amedee S IPlanningISHARED\WPICORRESPICorresp M thru ZlMakrista Baby - Similarity of use (tailor and dressmaker).rtf WEINER & ARONSON, P.A. ATTORNEYS AT LAW EXHIBIT C The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER SHAYNAM. REITMAN June 27,2007 Via Hand Delivery Mr. Michael W, Rumpf Director of Planning & Zoning City of Boynton Beach 1 00 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Makrista Baby Our File No.:MABA002 fRl~@~ow~@ JUN 2 B 2007 PLANNING AND ZONING DEPT. 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 23rd Avenue is within the C-1 zoning district. We are authorized to make this request pursu~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 "An 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 specifically defined in the City's zoning regulations so they must be given their plain meaning. The American Heritaae 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. Roaet'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 similarto that of a dressmaker and/or tailor in that garments are being altered or made. It is no different than 0:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007.doc Mr. Michael Rumpf June 27, 2007 Page 2 of 2 EXHIBIT 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. Jason S. Mankoff JSM:vf Enclosure Cc: James Cherof, 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) 0:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007.doc