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1 ~~ o/!!ljoc= ~ ~-~2ien 4a -,aocb CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561) (FOR HEARING IMPAIRED) TOO: (561) SUNCOM: (561) INTERNET: DATE: April?, 2015 MEMORANDUM TO: FROM: SUBJECT: Mayor and City Council Members leif J. Ahnell, C.P.A., C.G.F.O. City Manager Conditional Use Approval to allow a place of worship to exceed 30 feet in building height (allow a 40 feet 8 inch synagogue) for the Chabad of East Boca located at 770 East Palmetto Park Road (CA-14-03/ ). RECOMMENDATION Based on the Development Services Department staff report, the recommendation of the Planning and Zoning Board, and the inclusion of the recommended additional conditions described in the attached memorandum, I recommend approval for a Conditional Use to allow a place of worship to exceed 30 feet in building height (allow a 40 feet 8 inch synagogue) for the Chabad of East Boca located at 770 East Palmetto Park Road. If the additional conditions are not included in the Resolution, we have a concern that the traffic, parking and intensity of use will be significantly greater than proposed by the Applicant in their application and would not recommend in favor of this project. During the public comment portion of the public hearing, there were speakers who supported the project as well as speakers who opposed the project. Those who voiced their opposition to the project noted their concerns relating to traffic generated by the project, controlling access into the Por La Mar neighborhood and onto Southeast Olive Way, parking, the impact of the proposed Exhibit Hall, maintaining the character and quality of life of the barrier island and the proposed height of the building. PROJECT DESCRIPTION The Applicant is requesting a conditional use approval to allow the proposed height of the synagogue, 40 feet 8 inches, to exceed 30 feet in height as required in Section of the City Code. Accompanying this request, is an application for Site Plan approval to construct a two-story, 18,364 square foot synagogue with a 25,265 square foot basement garage. The first floor of the building will house a sanctuary with a seating capacity of 156 people as well as chapel, social hall, nursery, kitchen and a bookstore/gift shop. The second floor consists of two (2) building wings interconnected by an open covered plaza and uncovered sculpture garden. The east wing will house the second floor portion of the sanctuary with a seating capacity of 66 people and administrative offices. The west wing will house a 5,967 square foot exhibit hall which expands over the first floor open parking area. The Applicant states that the three (3) major functions of the subject property to include the Sanctuary, Exhibit Hall and Social Hall are nonconcurrent uses. Based on the most intense nonconcurrent use which is the Sanctuary, a - AN EQUAL OPPORTUNITY EMPLOYERro \6 9 Printed on recycled paper.

2 Page2 Chabad of East Boca- Conditional Use Approval CA-14-03/ total of 80 parking spaces are required and 81 parking spaces are provided on site. Vehicle parking will be provided in the basement garage with a capacity of 56 parking spaces, and in a parking area on the west side of the property over a portion of the basement garage structure with a capacity of 25 parking spaces. Zoning and Future Land Use: The subject property is vacant and consists of 0.84 acres and is generally located at the southwest corner of East Palmetto Park Road and Southeast Olive Way. The property formerly contained the Giles House (La Vieille Maison restaurant) which was demolished in The subject property is zoned Local Business District (B-1) with a future land use designation of Commercial (C). A small portion of the property (0.03 acres) is zoned R-1-C (Single-family Residential District) with a future land use designation of Residential Low (RL). ANALYSIS OF CONDITIONAL USE REVIEW Section of the City Code states no building, structure, or part thereof, shall be erected in a B-1 zoning district that exceeds 30 feet provided that permitted buildings may be erected or altered to height not exceeding 50 feet upon consideration of the Planning and Zoning Board and recommendation to the City Council as a conditional use. The City Council can approve the conditional use for additional building height as long as the construction is not injurious to surrounding property and in accord with the spirit and purpose of Chapter 28 of the City Code. Section of the City Code describes the review criteria applicable to applications for conditional uses. Staff reviewed the conditional use criteria and determined that given that the location of the proposed place of worship abuts East Palmetto Park Road which is designated, according to the City's Comprehensive Plan, as an urban major arterial roadway, and the fact that the Applicant is providing a required 25 foot yard and six (6) foot wall (according to Section (1) of the City Code) along the adjacent residentially zoned district located on the southside of the subject property, City Staff finds that approval of the conditional use for the building height in excess of 30 feet (allow an approximately 41 foot high synagogue building) could be considered appropriate and reasonable under the circumstances. Staff has not identified any specific adverse impacts that would preclude approval of the requested conditional use. PLANNING AND ZONING BOARD ACTION On March 19, 2015, the Planning and Zoning Board conducted a public hearing on the proposed petition and, following the public hearing, voted (4-2) to recommend that the City Council approve the Conditional Use Approval to allow a place of worship to exceed 30 feet in building height (allow a 40 feet 8 inch synagogue) for the Chabad of East Boca located at 770 East Palmetto Park Road. The Board also granted Site Plan approval in a 6-0 vote (Resolution No ) to allow construction of a two-story place of worship (synagogue) with a technical deviation from Section , Code of Ordinances, related to off-site vehicular circulation and maneuvering. Upon completion of the Board's public hearing, the following additional conditions were approved by the Board: 2

3 Page 3 Chabad of East Boca - Conditional Use Approval CA-14-03/ The Owner shall increase the radius onto Southeast Olive Way to discourage right turns on Southeast Olive Way and provide additional appropriate signage and pavement markings according to the Manual on Uniform Traffic Control Devices subject to City Staff Responsible for Public Works Review approval. 2. The three (3) major functions of the synagogue, including the Sanctuary, Social Hall, and Exhibit Hall, as noted on the plans and drawings submitted by the Owner and as described in Section 3 (1) of this resolution, shall be nonconcurrent and therefore none of these facilities may be utilized for separate functions at the same time nor be converted to another use without a separate approval. 3. All plans and/or building permit plans for review by City Staff Responsible for Public Works Review shall indicate that the dumpster enclosure will be fully enclosed. 4. All plans and/or building permit plans for review by City Staff Responsible for Public Works Review shall indicate that the wall along the southern property line shall be in a straight line running east and west along the property's southern zoning district boundary line. FISCAL IMPACT There is no fiscal impact to the City associated with this proposed request. Document originated by: Ingrid Allen, Senior Planner 3

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5 CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561) (FOR HEARING IMPAIRED) TDD: (561) SUNCOM: (561) INTERNET: April?, 2015 To: From: Subject: Mayor and City Council Leif J. Ahnell, C.P.A., C.G.F.O. City Manager Chabad of East Boca Recommended Additional Site Plan Conditions Based upon the site plan submittal for Chabad of East Boca and the testimony at the Planning and Zoning Board hearing, I recommend that the following additional conditions be added by City Council to the Site Plan Resolution approved by the Planning and Zoning Board. As you are aware, there were apparent discrepancies between the site plan submittal documents and the Chabad web site with regard to the scope of planned activities and number of persons who would visit the site. The purpose of these conditions is to clarify operational limits for the facility as described in the petitioner's application and the testimony of the petitioner's representatives. The recommended additions to the Planning and Zoning Board Resolution, Section 3 (all would be new conditions following condition (9)) are as follows: (1 0) Occupancy of the entire 5,967 square feet of Exhibit Hall space on the second floor shall be limited to no more than 30 persons at any one time. The Exhibit Hall shall not be utilized concurrently with any other area of the synagogue except the offices. The hours of operation for the Exhibit Hall shall be limited to 10:00 a.m. to 3:00p.m. on Sunday through Friday. (11) The second floor Covered Plaza and Sculpture Garden shall not be utilized for any assembly of people for any common purpose simultaneously with any other area of the synagogue except the offices. (12) The first floor Entry Court shall not be utilized for any assembly of people for any common purpose simultaneously with any other area of the synagogue except the offices. (13) Based upon maximum parking demand and parking availability, seating at any individual High Holy Day or other religious service, ticketed or not, shall be limited to 222 seats, based upon the number of seats depicted on the site plan. Attendance at all religious services shall be limited to 222 seats. (14) The Chapel space on the first floor shall be occupied by no more than 15 people at any one time. The Chapel shall not be utilized for religious services simultaneously with the Sanctuary or with any other area of the synagogue. (15) No event, including but not limited to any religious service, shall be held concurrently in the Sanctuary and the Social Hall. There shall be no simultaneous use of these areas. (16) Failure to abide by any condition of this development order shall constitute a violation of this development order and Section 28-57, Code of Ordinances and may result in code enforcement action and/or the revocation of this development approval, as provided in Section 4 of this Resolution set forth below. Document originated by: GeorgeS. Brown, Deputy City Manager ro \6? Printed on recycled paper. - AN EQUAL OPPORTUNITY EMPLOYER-

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7 1 WHEREAS, Derek Vander Ploeg, AlA, agent fort JCV Land Trust, Harvey Schneider, 2 Trustee ("Applicant"), requests a conditional use approval to allow a two-story place of worship 3 to exceed 30 feet in building height (allow a 40 feet 8 inch synagogue) for the Chabad of East 4 Boca (the "Petition") located at 770 East Palmetto Park Road (the "Project"); and 5 WHEREAS, the Development Services Department recommended approval of the 6 Petition; and 7 WHEREAS, the Planning and Zoning Board, after notice and public hearing, has 8 reviewed the Petition and has presented its recommendation; and 9 WHEREAS, the City Council has reviewed the Petition and has considered the effect 10 of the proposed conditional use on existing and future dwellings in the vicinity, the proposed 11 site, planning and landscaping, traffic safety, and the general health, safety and welfare of the 12 community including not being injurious to surrounding property and in accord with the spirit and 13 purpose of Chapter 28 of the City Code; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 16 RATON: Section 1. A conditional use pursuant to Section , Code of Ordinances, to allow a 19 proposed two-story place of worship to exceed 30 feet in building height (allow a 40 feet 8 inch 20 synagogue) for the Chabad of East Boca located at 770 East Palmetto Park Road (the 21 "Petition") is hereby [granted/not granted], subject to the conditions described in Section 2: 22 A parcel of land lying in Section 29, Township 47 South, Range 43 East, Boca Raton, 23 Palm Beach County, Florida, being more particularly described as Lots 20, 21, 22, and 24, BOCA RATONE POR LA MAR, as recorded in Plot Book 11, Page 67, of the 25 Public Records of Palm Beach County, Florida, LESS the north 2.00 feet thereof and 26 less the following described parcel: 27 That part of Lot 24, BOCA RATONE POR LA MAR, as recorded in Plat Book 11, Page 28 67, of the Public Records of Palm Beach County, Florida, lying in the external area 29 formed by a foot radius arc, which is tangent to the east line of said Lot 24 and 30 tangent to a line which is parallel to and 2.00 feet southerly of when measured at right 2

8 1 angles to the north line of said Lot Said lands situate in the City of Boca Raton, Palm Beach County, Florida and containing 3 36,729 square feet (0.84 acres) more or less. 4 5 Section 2. (If approved), the use of the Property as described herein shall be subject to 6 the following conditions, which is in addition to all applicable requirements of the Code of 7 Ordinances: 8 (1) Those Conditions of Approval of that certain Site Plan under Resolution No , attached as Exhibit "1", approved by the Planning and Zoning Board on March 19, , and such conditions are hereby included herein, and made a part hereof (as same 11 resolution was approved and not including any subsequent amendments thereto, other than 12 those approved by the City Council herein) and a violation of any such condition shall constitute 13 a violation under this development order. 14 (2) Any modifications or amendments to the Site Plan approval that do not affect the 15 height of the building will not require an amendment to this Conditional Use approval. 16 Section 3. The conditional use approval hereby granted shall have a duration period of 17 eighteen (18) months from the date of adoption of this resolution, and shall expire at that time, 18 and be null and void and of no further effect, unless a building permit has been issued. 19 Thereafter, the conditional use approval shall remain in effect only for those uses established 20 prior to the end of the eighteen month period, and shall be null and void as to any conditional 21 use approval not so established, or thereafter abandoned. 22 Section 4. If any section, subsection, clause or provision of this resolution is held invalid, 23 the remainder shall not be affected by such invalidity. 24 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby 25 are repealed. 26 Section 6. This resolution shall take effect immediately upon adoption. 27 3

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10 Exhibit "I" RESOLUTION NO A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF BOCA RATON CONSIDERING A SITE PLAN TO ALLOW CONSTRUCTION OF A TWO- STORY PLACE OF WORSHIP (SYNAGOGUE) WITH A TECHNICAL DEVIATION FROM SECTION , CODE OF ORDINANCES, RELATED TO OFF-SITE VEHICULAR CIRCULATION AND MANEUVERING FOR THE CHABAD OF EAST BOCA LOCATED AT 770 EAST PALMETTO PARK ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE (SPA-14-09/ ) WHEREAS, the Planning and Zoning Board ("the Board") is charged with conducting 20 public hearings on petitions for site plan approval for all commercial, industrial, multifamily-and 21 miscellaneous developments in the City of Boca Raton; and 22 WHEREAS, an application for site plan approval to allow a new two-story place of 23 worship (synagogue), with a technical deviation from Section , Code of Ordinances, 24 related to off-site vehicular circulation and maneuvering, has been filed, SPA-14-09/ , for the Chabad of East Boca (the "Petition"); and 26 WHEREAS, the property was posted and a Notice of Public Hearing was published on 27 March 4, 2015; and

11 1 WHEREAS, the Development Services Department recommended approval of the 2 Petition; and 3 WHEREAS, the Board conducted a public hearing for review of the Petition on March 19, ; and 5 WHEREAS, the Board has found the Petition to be consistent with the Comprehensive 6 Plan, and the City's Land Development Regulations; now therefore 7 8 BE IT RESOLVED BY THE BOARD: Section 1. The site plan attached hereto as Exhibit "A" is hereby approved for the 11 property described below (the "Property"), subject to the conditions of approval provided in 12 Section 3: 13 A parcel of land lying in Section 29, Township 47 South, Range 43 East, Boca Raton, 14 Palm Beach County, Florida, being more particularly described as Lots 20, 21, 22, and 24, BOCA RATONE POR LA MAR, as recorded in Plot Book 11, Page 67, of the 16 Public Records of Palm Beach County, Florida, LESS the north 2.00 feet thereof and 17 less the following described parcel: 18 That part of Lot 24, BOCA RATONE POR LA MAR, as recorded in Plat Book 11, Page 19 67, of the Public Records of Palm Beach County, Florida, lying in the external area 20 formed by a foot radius arc, which is tangent to the east line of said Lot 24 and 21 tangent to a line which is parallel to and 2.00 feet southerly of when measured at right 22 angles to the north line of said Lot Said lands situate in the City of Boca Raton, Palm Beach County, Florida and containing 24 36,729 square feet (0.84 acres) more or less Section 2. A technical deviation from Section (h), Code of Ordinances, to allow 27 for off-site vehicular circulation and maneuvering as there is no on-site vehicular connection 28 between two (2) proposed parking areas as depicted on the site plan, is justified by a technical 29 deviation analysis from JMD Engineering, Inc. date stamped received by the Development 30 Services Department, February 23, 2015, is hereby approved

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14 1 concurrency and consistency. If the study shows a failure of any test, as determined by the 2 City, then this approval shall be null and void. 3 (6) The Owner shall increase the radius onto Southeast Olive Way to discourage right 4 turns on Southeast Olive Way and provide additional appropriate signage and pavement 5 markings according to the Manual on Uniform Traffic Control Devices subject to City Staff 6 Responsible for Public Works Review approval. 7 (7) The three (3) major functions of the synagogue, including the Sanctuary, Social Hall, 8 and Exhibit Hall, as noted on the plans and drawings submitted by the Owner and as described 9 in Section 3 (1) of this resolution, shall be nonconcurrent and therefore none of these facilities 10 may be utilized for separate functions at the same time nor be converted to another use without 11 a separate approval. 12 (8) All plans and/or building permit plans for review by City Staff Responsible for Public 13 Works Review shall indicate that the dumpster enclosure will be fully enclosed. 14 (9) All plans and/or building permit plans for review by City Staff Responsible for Public 15 Works Review shall indicate that the wall along the southern property line shall be in a straight 16 line running east and west along the property's southern zoning district boundary line. 17 Section 4. Each of these conditions has been offered by the Owner for this Site Plan, 18 and the Owner has represented to the City of Boca Raton that it is the express intent of the 19 Owner to be governed by the conditions contained herein, which conditions shall govern 20 development of the Property, and that said conditions shall bind the Owner. These conditions 21 are adopted pursuant to the City's authority and all applicable provisions of law. Adherence by 22 the Owner to these conditions is deemed by the City to be an integral part of its determination 23 that adoption of this resolution is an appropriate exercise of its power to approve the Site Plan 24 with respect to the Property described in Section 1. If any condition set forth herein is declared 25 invalid or unenforceable for any reason, the City expresses its intent that it would not have 26 enacted this resolution without each of said conditions. In addition to any and all available 5

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