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Meadows Square Day Care (COUS 16-001/MSPM 16-001)DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Meadows Square Day Care (COUS 16- 001 /MSPM 16 -001) APPLICANT: Bradley Miller, Miller Land Planning APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2016 Development P &Z Building Enginesrin/ Occ. Licenif Deputy City Clark APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the demolition of the former Farm Store, and the construction of an 8,000 square foot day care facility and related site improvements, located in the C -3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 4791 N. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant 4-- ..... HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby 'GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: 7' City Clerk S: \Planriing \SHARED \WP \PROJECTS \Meadow Square Day CarA OUS 16- 001 /MSPM 16- 001 \DO.doc EXHIBIT "D" Conditions of Approval Project Name: Meadows Square Day Care File number: MSPM 16 -001 / COUS 16 -001 Reference: 2nd review plans identified as a Maior Site Plan Modification / Conditional Use with a January 12, 2015 Planninq and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Since this parcel will be separately owned from the shopping center, please provide documentation of the use of a shopping center dumpster in perpetuity. X 2. All shade trees must be listed in the plant schedule as a minimum of 4" caliper measure 6" off the ground. The height of the trees may be larger than 12' to 14' to meet the 4" caliper requirement. X 3. No irrigation plan was submitted with the site plan package. Any irrigation design shall follow Florida Friendly — Waterwise principals. X FIRE Comments: 4. A flow test will be required before construction to check fire flow. Please provide the fire flow in accordance with the 2009 edition of NFPA 1 chapter 18.4. X POLICE Comments: 5. None, all previous comments addressed. X BUILDING DIVISION Comments: 6. None, all previous comments addressed. X PARKS AND RECREATION Comments: None Meadows Square Day Care (MSPM 16- 001 /COUS 16 -001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 7. At time of permit submittal, please depict the planting scheme for the newly created landscape island in the shopping center parking lot, immediately south of the day care site. X 8. Any FPL transformer box shall not be placed between the parking and any right -of -way, and it shall be completely screened from view from the right -of -way. X 9. Please provide wall signage details, including square footage calculations, sign types (i.e. channel letters), lighting source, materials, colors, etc. for staff approval prior to permit submittal. X 10. Prior to permit submittal, please provide greater design detail for the monument sign for staff approval. Design of the sign should coordinate with the building design. X 11. Please adjust monument sign as necessary to depict two (2) colorful layers of landscaping around the base of the sign. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S: \Plarining \SHARED \WP \PROJECTS \Meadows Square Day Care \MSPM 16- 001 /COUS 16- 001 \Staff 1st Review Comments post P &D.doc MEADOWS SQUARE DAY CARE (COUS 16 -001 /MSPM 16 -001) N W E S menbS S»opeen \ \ ! � \ _ �* ) i MCI i :(i l;,,! ( 14 , _ z ;l.,,l,<r ; :! �l : ){ / {�\ \\ 5•� Q R \ / \ \d ©©9«R § %Jdd 11M 0, "1 11. 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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; 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.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; Response: Parking for the property is addressed above in the Proposal section of the justification statement and provided in table format on the provided Master Plan and Site Plan. The day care will have a positive economic effect considering this site has been vacated for several years, therefore the new use will add tax benefits to the City, There will be not adverse impacts from glare, noise or odors. The sounds from the play area will be buffered by the surrounding wall, in addition to the location of the day care being Meadows Square Justification Statement December 2, 2015 - Page 5 separated by residential development by Meadows Way to the west and Hypoluxo Road to the north. 3. Refuse and service areas, with particular reference to the items in subsection CA. and C.2. above; Response: The proposed day care will utilize an existing refuse dumpster on the back side of the shopping center building. 4. Utilities, with reference to locations, availability, and compatibility; Response: All utilities required for the proposed day care use are available at the site. 5. Screening, buffering and landscaping with reference to type, dimensions, and character; Response: Perimeter buffering and landscaping are provided along the north and west property lines of the day care site. Additional landscaping areas and plant material will be provided to the site within parking islands and within landscape strips outside of the play area wall. The proposed areas are shown on the provide Master Plan, Site Plan and Landscape Plan. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Response: As indicated above in the Proposal section of this justification statement, a monument sign will be provided to replace a prior pylon sign at the northwest corner of the parcel. Wall signs will also be provided on the north and west facades of the building as shown on the provided architectural plans. 7. Required setbacks and other open spaces; Response: The proposed day care building is positioned 20 feet from the west property line and 79.5' feet from the north property line, complying with the required building setbacks as confirmed with City staff. 8. General compatibility with adjacent properties, and other property in the zoning district; Response: The proposed day care is surrounded by the existing shopping center to the east and south. To the west is Meadows Way and then the Meadows on the Green multi family residential development. The day care is screened from Meadows Way and the adjacent multi family residential development by the existing 5' wall as previously required and approved. The proposed day care is compatible with the surrounding use and will provide a transitional use between the retail uses within the shopping center and the multi family residential use of Meadows on the Green to the west. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Response: The day care building is proposed to be 19.4" in height which is less than the existing shopping center building. The building is designed with architectural style Meadows Square Justification Statement December 2, 2015 - Page 6 to be consistent with the shopping center building and be in harmony with the adjacent multi family buildings. 10. Economic effects on adjacent and nearby properties, and the city as a whole; Response: Considering that the day care will be replacing a Farm Store and gas station that has been vacated for several years, the development of the day care is anticipated to have a positive economic effect on the adjacent and nearby properties. It will provide a use that can be utilized by the residents of the adjacent and surrounding residential communities and will be a improvement aesthetically over the vacated Farm Store. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and Response: Not applicable. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8. The review of the provided Master Plan for the overall property and Site Plan for Parcel 3 will satisfy the review criteria of Section 2.13.3. of the Land Development Regulations for a major site plan application to confirm compliance with the applicable land development regulations of setbacks, landscape buffers, parking, loading, building height, etc. CONCLUSION Based on the information provides, this application complies with the review criteria and regulations for the proposed modification to the site plan for Meadows Square and Conditional Use for the day care proposed for Parcel 3.