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Sunshine Square COUS DEVELOPMI r ORDER OF THE CITY COM MIS 1N OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT'S AGENT: Arianne Nielsen, Land Design South t)e.,e\o~ll\ent p &1 BIllldl1'9 . Englneelll'\! lIcenee \( ~;~'lltY CItY Clef ~------- PROJECT NAME: Sunshine Square AGENT'S ADDRESS: 2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5,2008 TYPE OF RELIEF SOUGHT: Conditional Use approval for a 10,000 square foot cosmetology school in a C-3 zoning district. LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant :.x- HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby 4 GRANTED subject to the conditions referenced in paragraph 3 hereof. 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 #~pf,. DATED: (;)8-1) g -/)8 ~~~/ JJri S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\ COUS 08-003\DO.doc Project name: Sunshine Square File number: caus 08-003 Reference: 2nd review plans identified as a Conditional Use with a June 23. 2008 Planning and Zoning Department date stamp marking. EXHIBIT "E" Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval Sunshine Square CaDS 08-003 2 Page I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: "!Zt702- To be determined. S :\Planning\SHARED\ WP\PROJECTS\Sunshine Square\COUS 08-003\COA.doc Exhibit "A" - Site Location Map Sunshine Square - COUS 08-003 --kE!13WA~E! i ~----r-r~---"--'---;-------"'''''''''-'-r-~'-'''----f ..... -----..'1 i I I , : i : R1A ! : ..-ISi'ng'le-family\m_i 1 Reside~tial i I ! I I.: ., --Se-14TFrAVEm. . 200 100 0 ~- 200 400 600 800 I Feet N W.E S [:.I'P ,.-- II' \\i- il i\ ~ SOUIH fEOt\V.l l-\IGHWp..y ~\\\\\\\\ :0 ; ~ ~ . ~\ ~n ~ ~ \ H~ % i'5~~ ~ s~~ ~ 9\ ~ l{ '8 - ~ c: " ~~ ;l 0 c' ~~ l\ ;~~ "" .~;;~ ~-" ~~,..~- · _ ~.e"."" .' ".," .,. ~ (I>,~:: ~~~~ ~~~ ~~~~~e~ ~".. . .....'" \\ II <(II h\ m\lI\ !\\\ 1 ",,^,,;~~~~~~~~;~~IN' ~~> \\I\\\o~I~~.\ l\i%\~'~ e"" 0' ",,,,,ON .",eM. ,,-,,,,o^ ,- \ .0",,<- ""',.~. Environmental Services \ 1fonsportotion ~,,)l cc""~~ 'o'Ie" 0<\'>". >"~,, '00"""'" p~'" &OCJC", fl ~~ h'\I>"'\<>I"',~61-4JII-8;.1>' -fa;<. 5bl.~1~;,012 ; . \ \ I I ,~ 'i~ %~\\~\WW~ \J\w\\~\i ~t\ a\\ h ~ t ~ ~~ ~ 1 1 SOUTH fEOER~ HIGKWA.'f \i ~{i~d ~. ~~~ "~~~i \ ~~! [;]O~ EXHIBIT C .I .., It~ , IE ,-----, "' IRI I ~, ~ I I I i I @J ~ @J ;1 II. il I' II II iAYHLlPSlIl3II ~I 1'1 II fl fi il ~~:==I ~ il II I 1 1 ! j~ 1 triDJ 0]1) a 0 0 ([D Ii ~ iill! ~ JlllnJIII! I Q Q I I !EJ:l d]11 !EJ:l d]11 0 0 triDJ 0]1) (OJ 0]1) ~ 11!i; Ii II Ii 11111 1111 rE)J 0]1) (OJ c@Il ~~ (OJ 0]1) (OJ c@Il ii' II ! I. I II [!l~(!] I!J 6~ 19 EI I!I rE)J 0]1) (OJ c@Il IlIli ;; I~ ri~ !IIIIIIII Ii I · ~~ ~ 1'111"1 i J I ,) (OJ 0]1) (OJ 0 Ifll Si U i' 11= I III i II ~ ill! ! ~II:! sh II! J ~ iP r Jlli II If' !EJ:l d]11 !EJ:l (OJ 0]1) (OJ rE)J c@Il (OJ (OJ c@Il (fDJ "k I,-----~!,,----h ,(/- "" ,.. (OJ a:]l (OJ ffiL~ J (OJ a:]l (OJ a:]l ;;l ~!I!I~ @) ~ !i " ~ in] 140 n_______ , .d I, L-J oD 'n ~ i ------6- o :( : Do __nn___:' @] I, 00 '!:.! l-~- _g~_____ ii t L-JO 00 'I i -_n_-6- o ! i Do ~E:~fi ' @] o i I!I I!I ~ii ~~ ~~ . ! ~I i ~ ......." I!I U a U a [;] -/- J.W. HUGENTUGLER R.A ARCHITECT TENANT INTERIOR FOR: SALON PROFESSIONAL ACADEMY 552 S.E. 15TH AVE. (WOOLBRIGHT RD) BOYNTON BEACH. FL 33435 FLARoa10097 JaO\lNOFl~wEST7THPL"'CE OHRFIElD8I:,o.Cli,Fl.0flIOAJJU2 (9~~) 1195-51521 EXHIBIT D LAND'. DESIGN SOUTH Planr. .::I Landscape Architecture Environmental Services Transportation 561-478-8501. FAX 561-478-5012.2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409 Justification. Statement Sunshine Square Approval of a Conditional Use Submitted June 6, 2008 Resubmitted June 12, 2008 Resubmitted June 20, 2008 On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following: . Approval of a Conditional Use request to permit a Cosmetology School to be located in the existing Building C within the Sunshine Square shopping center. Property History and Site Characteristics The subject property is located on the southwest corner of Federal Highway and Woolbright Road, and currently operates as a commercial shopping center which includes a variety of retail uses. In 2006, the property underwent a land use, rezoning, and major site plan approval, changing the Future Land Use designation to Mixed Use (MX) and the zoning designation to Mixed Use Low 3 (MU-L3). A mixed use site plan was also approved at this time. Since the time of the approved Site Plan and Rezoning in 2006, ownership transferred for the property. On January 2, 2008, the Boynton Beach City Commission approved Ordinance 07-041 which revoked the 2006 zoning change and reverted the property to its original zoning designation of Community Commercial (C3). On March 18, 2008, a Major Site Plan Modification was approved by the City Commission to allow modifications to the existing shopping center as well as the addition of one financial institution and reconfiguration of the existing bank into a restaurant. Also at this time, a variance was approved to accommodate a pre-existing parking deficit. On April 4, 2008, a Minor Site Plan Modification was approved to further modify the parking configuration and traffic circulation to better serve the shopping center. This application for a Conditional Use specifically relates to the addition of a 10,000 square foot Cosmetology School to be located in existing Building C. The subject property is 14.42 acres in size and has a zoning designation of Community Commercial (C3) and a Future Land Use designation of Mixed Use (MX). The property is bounded on the north by Woolbright Road. North of Woolbright Road is a vacant parcel with a zoning designation of Mixed Use Low (MU-L) and a Future Land Use designation of MX. South Federal Highway bounds the subject property on the east. East of Federal Highway is an existing commercial shopping center with a zoning designation of Community Commercial (C3) and a Future Land Use designation of Local Retail Commercial (LRC). Southwest 18th Street bounds the subject property to the south. Adjacent to the subject property, north of Southwest 18th Street, are two commercial properties and one residential property all with a zoning designation of C3 and Future Land Use designations of LRC. Across Southwest 18th Street to the south is another commercial property which has a zoning designation of C3 and a Future Land Use designation of LRC. The Florida East Coast Railroad bounds the subject property to the west, west of the railroad is the City of Boynton Beach Utilities site, which has a zoning designation of Public Usage (PU) and a Future Land Use designation of Public and Private Government/Institutional (PPGI). Conditional Use Application As mentioned previously, the applicant is requesting a Conditional Use to allow a 10,000 square foot Cosmetology School within the existing Sunshine Square Shopping Center. Per City of Boynton Beach Sunshine Square Page 1 June 20, 2008 Code of Ordinances, Chaptf' ...., Section 6.A.1.gg, a Cosmetology Uf ~ permitted with approval of a conditional use if the use is it I ..;onjunction with the delivery of the servll,;e to the general public on a daily basis. The proposed cosmetology school will offer student instruction as well as salon services to the public. The proposed school will accommodate five classes of 15-20 students each which will receive instruction through varied class schedules. In general, one new class of students will begin each 2 months, with a duration of 10 months. The general operating schedule for the school will be Tuesday - Thursday 9 a.m. - 9 p.m., Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. - 5 p.m. Upon student enrollment reaching 60 students, the school will also operate on Monday from 9 a.m. to 5 p.m. In correlation with these operating hours, the cosmetology school will offer salon related services to the public during the following timeframes, Tuesday 1 p.m. - 9 p.m., Wednesday 1 p.m. - 9 p.m., Thursday 1 p.m. - 9 p.m., Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. - 5 p.m. Services will include haircuts and color, manicure, pedicure, as well as a full line of Redken products for retail sale. As mentioned previously, the 10,000 square foot Cosmetology School will be located within the existing Building C, in the space previously occupied by Marathon Music. Building C is currently undergoing complete renovations to the exterior of the building to restore and update the building facades. The proposed cosmetology school will utilize the fa<;ade renovations and is not proposing any architectural renovations to remodel or black out the proposed school fa<;ade within the center. Through this, the proposed school will remain compatible with the existing building fa<;ade and architectural design of the existing center and will provide goods and services necessary to the community. Subsection 2.11.2.C of the Code outlines the materials that must be submitted with a conditional use application. These materials are included with the Conditional Use Application submittal and are to be reviewed concurrently. Chapter 2.11.2.0 of the City of Boynton Beach Code outlines conditional use review standards. The proposed Cosmetology School meets all the following standards for a conditional use: 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. The applicant is proposing to maintain the existing vehicular circulation patterns and approved ingress and egress locations for the property. As outlined previously, the current site plan was recently revised to provide better management of vehicular and pedestrian safety and circulation while improving the overall aesthetic of the property. The main entrance drive aisle was widened and included two ingress lanes, two egress lanes, and a divider median. A continuous five (5') foot sidewalk from .the existing sidewalk along Woolbright to the existing Building C was also added along the drive aisle to provide safe access to and from the site for pedestrians. Circulation and safety was further improved with the addition of a six (6') foot divider median south of the main entrance which allows for a right-turn only into the proposed Financial Institution parking area and a right-turn only exit from the proposed Restaurant parking area. The restricted access provides safer vehicle turning patterns and limits the amount of vehicles crossing in front of oncoming traffic. The restricted access also provides Fire and Rescue with a more direct and unobstructed route free of pedestrian pathways to structures on site. A secondary entrance onto Woolbright Road was also removed to increase safety for vehicles leaving the site. Additionally, based upon the Palm Beach County Trip Generation Rates table, the existing 10,000 square feet of general commercial (retail) space generates 1,546 daily trips. The change of uses in the space to accommodate the proposed Cosmetology school will result in a reduction of trips within the center, as a cosmetology school will generate 275 daily trips. As such, given the reduction of trips as well as the above mentioned site improvements, the existing site configuration will sufficiently provide for the proposed cosmetology school use. 2) Off-street parking and loading areas where required, with particular attention to the items in subsection 0.1 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 requested conditional use does not propose to add any additional square footage to the Sunshine Square Page 2 June 20, 2008 e,xisting shopping center . ~Jt rather will utilize existing space wit' Building C. As outlined in Item '1, the site was recently o'"'t-'roved for a Major Site Plan modificativ'l which included amendments to improve the pedestrian and vehicular circulation throughout the site and parking areas while preserving on site parking. The proposed location of the Cosmetology School is adjacent to the redesigned parking area, which will provide adequate parking and pedestrian access to the facility. Additionally, per the Institute of Transportation Engineers (ITE) Parking Generation 3rd Edition, the existing 10,000 square feet of retail space requires 47 parking spaces during peak hour, while the proposed cosmetology school use will require 25 parking spaces during the peak hour. As such, the cosmetology school will not create additional parking demand within the center, and the provided parking and vehicular circulation conditions will adequately provide for the proposed use. In regards to loading spaces, Building C is currently provided with three loading areas, located to the south of Building C. The cosmetology school will be permitted to utilize all existing loading zones. Given the nature of the requested use, it is not anticipated that the use will generate high volumes of deliveries, as such it is anticipated that the existing loading space will adequately provide for the Cosmetology School use. Given the nature of the use no glare, noise or odor effects will result from the proposed use. 3) Refuse and service areas, with particular reference to the items in subsection 0.1 and 0.2 above. The appropriate refuse and loading service area is currently provided on site to the south of building C. Currently, Building C is provided with three loading areas and nine existing dumpsters. The cosmetology school will be permitted to utilize all existing loading zones and dumpsters. As the proposed Conditional Use is located within an existing building and the overall building square footage is not increased, the refuse and loading service area, as provided, is adequate for the proposed Conditional Use. The Cosmetology School will not generate any industrial, manufacturing, special or hazardous waste, airborne pollutants, or require any special handling of solid waste, and therefore, will not negatively impact the health, safety, or welfare of the surrounding community. 4) Utilities, with reference to locations, availability, and compatibility. The proposed Cosmetology School will be located within the existing Building C, which is currently provided with all applicable utility services. A letter from the project architect has been included with this submittal indicating that the proposed water service is sized per Florida Building Code - Table 603.1, which will provide adequate water supply for the proposed uses. 5) Screening, buffering, and landscaping with reference to type, dimensions, and character. As the Cosmetology school will be located within an existing structure, the building footprints, square footages, and setbacks for all structures have been preserved with this application. The proposed Cosmetology School will be located in the existing Building C which has a two hundred and eighty-eight (288') foot setback from the north property line, a forty-five (45') foot setback from the east property line, and a one hundred and eighty-two (182') foot setback from the south property line. Building C is screened with landscaping on all sides with four (4') foot landscape planters along the front of the building, landscape islands within the adjacent parking areas that range in size from five (5') feet to seventeen (17') in depth, buffer landscaping along the north, south, and east property lines, as well as a ten (10') landscaped divider median along the existing drive-aisle south of Building C. A variety of planting material will be utilized in the above mentioned planting areas; such as, Silver Buttonwood, Cassia Trees, Date Palms, Royal Palms, Oaks, and numerous shrubs and groundcovers. The provided landscaping and existing setbacks meet the code requirement for this zoning district and provide adequate screening and buffering of the existing Building C. 6) Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. As this application only pertains to the Conditional Use, all existing monument signs on the property will be maintained per existing conditions and the approved site plan. Applicable building signage for the Cosmetology School will be in correspondence with the approved sign program for the Sunshine Square Page 3 June 20,2008 Genter. The addition of "'e Cosmetology School will not affe the existing lighting plan. The 'approved lighting plan I/\,~v designed to meet all applicable cOat> requirements with no spill over, glare or lighting onto adjacent properties, and provides many safety features for the project including clearly visible pathways for pedestrians and highlighted vehicular circulation for traffic safety. The lighting and signage is compatible with surrounding commercial and retail properties and will be in harmony with the existing shopping center design. 7) Required setbacks and other open spaces. As the applicant is requesting only a Conditional Use to an approved site plan to allow for the Cosmetology School, building footprints, square footages, open space, and setbacks for all structures have been preserved with this application. All setback and open space requirements were met with the approved site plan and the proposed Conditional Use will not impact the existing setbacks or increase building square footage. The proposed Cosmetology School will be located in the existing Building C which has a two hundred and eighty-eight (288') foot setback from the north property line, a forty-five (45') foot setback from the east property line, and a one hundred and eighty-two (182') foot setback from the south property line. A plaza space has been provided with the approved site plan north of Building A and will provide a gathering spot for employees and visitors of the shopping center. This plaza space provides ample landscaping and screening for comfortable use of the space and is located conveniently for pedestrians along Woolbright Road as well as users of the center. Further, the existing Buildings A and C provide pedestrian arcades connecting uses on the site, and will provide connection from the proposed Cosmetology School to adjacent retail and open space uses. 8) General compatibility with adjacent properties, and other property in the zoning district. The development renovations and proposed Conditional Use are compatible with surrounding developments and will benefit and serve the community. The immediate surrounding properties are zoned comparably to the subject site and will not conflict with the uses proposed for the site. Further, the addition of the Cosmetology School will be an asset by providing employment opportunities, goods, and services to the public, as well as, complement the current uses of the shopping center. 9) Height of buildings and structures, with preference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. As this application only pertains to the Conditional Use, all building heights per the approved site plan have been maintained and do not exceed forty-five (45') in height permitted by the existing zoning district. The affected area of Building C will not be altered in height by the addition of the proposed Cosmetology school and will be maintained as a one story structure. The heights of all other buildings on site are in accordance with other commercial properties in the vicinity and will not adversely impact the surrounding community. 10) Economic effect on adjacent and nearby properties, and the city as a whole. The addition of the proposed Cosmetology School will be an economic benefit to the City as it will provide not only salon services to the public, but will also create new jobs for instructors at the school. In addition, the school will provide technical training and certification for students seeking to further their careers in this field and will promote ongoing certification of a trade necessary within the community. 11) Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach land Development Regulations. As previously mentioned, the proposed addition of the Cosmetology School will not result in any modifications to the existing site plan configuration. As the Cosmetology School will be located within existing space in Building C, the existing approved site plan will be maintained and will remain in compliance with the City of Boynton Beach land Development Regulation relating to such. 12) Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also conformance to the City of Sunshine Square Page 4 June 20, 2008 Bqynton Beach No' Control Ordinance, Chapter 15, Sf ')n 15.8 of the Boynton Beach Code of Ordinance&. The proposed project does not create any nuisances and hazards as outlined in Section 4.N of Chapter 2. The development renovations are compatible with surrounding developments and will benefit and serve the community. As the requested Cosmetology School is located within an existing building and all improvements will be interior, no adverse impacts specifically related to sound quality are expected, and the property will remain in compliance with all applicable noise control ordinances. Conclusion The proposed conditional use is considered to be consistent with the nature of surrounding development and is suitable to the site context, is compatible with surrounding developments, and will provide for and better the surrounding community. Accordingly, it is considered that the proposal is in the public interest and the Petitioner respectfully requests approval of the conditional use. P:\247\247.14\LDS Documents\Submittal Documents\Justification Statement\2008-06-20_Resubmittal Cosmo Cond, Use Justification 2 _247.14,doc Sunshine Square Page 5 June 20, 2008