Boynton Commerce CenterPROJECT NAME:
APPLICANT'S AGENT:
AGENT'S ADDRESS:
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA i~. Z.
Boynton Commerce Center PID
Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc.
1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2004
TYPE OF RELIEF SOUGHT: Request use approval for catering and food services in the Boynton
Commerce Center PID
LOCATION OF PROPERTY: Boynton Commerce Center PID
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applica. nt
,,,'"'HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applica.,pt's application for relief is hereby
,," GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
DATED:
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
City Clerk
SE. 15TI
I in. = 327.0 feet
C3
CORPORATE. DR
!-95
LOCATION MAP BOYNTON COMMERCE CENTER PID EXHIBIT
I Vinston
L, ee .
Assooates, Inc.
Landscape Architecture
Land Planning
F.S.L. #LC C116
January 2L 2004
Mr. Michael Rumpf~ Director of Planning & Zoning
Planning & Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Boynton Commerce Center Planned Industrial Development
Application for Revisions to the Approval PID Use List
Our File No. 02-030.03
Dear Mr. Rumpf:
On behalf of Levitt Commercial Boynton Commerce Center, LLC, owners of the building currently
being constructed onLot 3 ofthe Boynton Commerce Center Planned Industrial Development (PR)),
attached please find a revised use list for the Boynton Commerce Center PID for your consideration.
Please be aware that the attached use list reflects changes proposed to allow building cleaning and
janitorial services in the PID currently in the approval process and assumes that those changes will
be approved. Therefore, only the revisions proposed with this request are redlined and underlined.
The requested revision to the use list consists of the addition of'catering and food services'. This
use is cunvntly allowed in the M1 Industrial District in the City of Boynton Beach Zoning Code (Sec.
8.A.l.b.(9)). It is proposed to be inserted into the current use list under Section I.B.9. This use is
consistent with the underlying industrial land use of the property, as well as the parking calculation
method of one parking space per 500 square feet of floor area as outlined in Chapter 2., Section
11.H. 16.£(1) and the use list for Lot 3.
It is requested that this use not be required to obtain an Environmental Review Permit. The
justification for this request is the fact that, pursuant to Section 8.A~3.a.(6), this use is not required
to obtain this permit when permitted in the M-1 zoning district. In addition, as the preparation of
food will be conducted on site, the tenant w[ll be required to obtain a license from the Florida Dept.
of Professional Regulation, Hotel and Restaurant Division, which requires an opening inspection and
annual inspections thereaRer. Any permit required for a grease trap for the business w~l be reviewed
and approved by your own building department.
Please be aware that the proposed use is of very low intensity, consistent with most industrial uses.
Typically, the client will call the caterer and set up a meeting at his or her home, place of busiuess,
or at the venue the event is to take place. At that time, and during subsequent telephone
153201d Okeechobee Road, Suite 106, West Palm Beach, FL 33409-5270
E)(HI~IT
Mr. Michael Rumpf
January 21, 2004
Page 2
conversations, the menu and services to be provide are finalized. Then, on the day of the event, the
caterer delivers the product to the venue. Food sales do not take place at the facility, only
preparation of same.
Therefore, I respectfully request your consideration and recommendation for approval of the attached
revised use list for the Boynton Commerce Center PID. To aid in your review, the addition to the
list has been underlined and redlined.
Please feel free to call with any questions you may have regarding the attached list.
Sincerely,
Project Planner
cc: Colleen Mohr, Levitt Commercial
EXHIBIT "B"
Proposed Revisions to the Approved List of
Permitted Uses and Parking Requirements for Boynton Commerce Center PI])
January 21, 2004
Permitted Uses, Not Requiring Environmental Review Approval.
Personal Services
1. Carpet and Upholstery Cleaning
Manufacturing, including compounding, assembly, repair, or treatment of articles
or merchandise from the following previously prepared materials:
5.
6.
7.
8.
9.
Cellophane
Canvas
Fiber (i.e., wood, except that furniture manufacturing requires
environmental review)
Fiberglass
Glass
Textiles
Yarn
Uses listed under Section 8.A. 1.a.(6), (7), (9), (10), (12-15), (18) and (21);
Section 8.A. 1.b.(1)~ & (3). & (_9) of the Boynton Beach Zoning Code.
C. Warehouse, Distribution, Wholesale
Any manufacturinG category listed above, or any use listed in Sections
S.A. 1.c.(2), (3), (4), (6), (7), (9), (14), and (16)ofthe "M-1
INDUSTRIAL DISTRICT" Zoning Regulations, and includin~ but not
limited to the following:
W'mdow treatment manufacturing and showroom
Glass and mirror manufacturing and dism'bution
Alarm system manufacturers and installers
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial flowers/plants wholesale and distribution
Paper
Plastics
Metal (i.e. machine shop)
Rubber
Electrical appliances, instruments, devices, and components
Boat parts and equipment
EXHIBIT "B"
Airplane parts and equipment
Medical equipment, instruments, devices and components
Furniture
Precision instruments
Engraving, printing and publishing
Retail sales are allowed for goods listed under the sections specified in
I.C. 1. above, provided that less than 50% of the goods sold on the
premises are sold at retail with the exception of the area designated on Lot
3B as industrial, which shall be allowed no retail sales.
Retail sales, of up to 100% of sales, are allowed for goods listed under the
sections specified in I.C. 1. above on Lot 3B only, for up to 49% the gross
ground floor square footage of the building, with the exception of
8.A.l.c.(14). The specific uses within the code sections 8.A. 1.c.(2), (3)
and 'furniture' shall be limited to a maximum floor area of 10,000 square
feet. This square footage shah be located in the western area of the
building and depicted on the approved site plan. The retail sales 'use' is
considered ancillary to the overall industrial uses approved for the PI]).
Operations Center- Requiring a mix of moderate warehouse and increased office
IIS~.
2.
3.
4.
5.
6.
7.
Bank Operations Center
Insurance Company Records Storage
Government Operations Facility
Radio/Television Studio
Nursing Registries
Non-Profit Trade Organization Research and Record Storage Facilities
Offices for contractors (work shops and outside storage). Truck parking
for contractors is specifically protu~oited, however.
E. Offices
PID Leasing Office
Satellite Operations Managemem Offices for any Light Industrial Use
Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations
Professional Engineering Offices
II Uses requiring Environmental Review - See Planning Department for Application
A. Manufaeturi~, including co .mlxmnding, assembling, repair, or treatment of articles
Boynton Commerce Center PID Use List
Page 2
EXHIBIT "B"
or merchandise from the following previously prepared materials:
1. Cosmetics
2. Drugs
3. Pharmaceutical
4. Paper
5. Plastics
m
o
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Metal (i.e., machine shop)
Wire
Rubber
Electrical appliances, instruments, devices, and components
Auto parts and equipment
Boat parts and equipment
Airplane parts and equipment
Medical equipment, instruments, devices and components
Furniture
Precision instruments
Engraving, printing and publishing
B. Warehouse, Distnq>ution, Wholesale
o
Seafood (excluding Processing)
Principal uses for any of the manufacmrin~ categories listed under II.A.
above.
Retail sales are allowed for goods listed under Section II.A.5. above
(plastics) provided that less than 50% of the goods sold on the premiss are
sold at retail, excepting the eastern portion of the building on Lot 3B
designated as industrial, which shall not be allowed retail sales.
C. Other uses as follows:
1. Building cleaning and janitorial services
All uses not specitieally listed above are proh~lfited. Furthermore, the following uses are
expressly prohibited:
2.
3.
4.
5.
6.
Fertilizer manufacturing, sale or distribution
lVtillwork
Metal casting
Welding shops
Contractor's shops, storage, or truck parking
Retail sales, where the value of goods sold at retail exceeds 50% of the
Boynton Commerce Center PID Use List
Page 3
EXHIBIT "B"
total value of goods sold fi~om the premises with thc exception of the area
designated on Lot 3B as industrial, which shall be allowed no retail sales.
Any warehouse or wholesale use which is listed in Section 8.A.2..b.,
8.A.3.c., or Section 8.A.5.b. of thc "M-1 INDUSTRIAL DISTRICT"
Zoning Regulations
Parking Requirements:
Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square
feet of gross floor area (subject to thc conditions outlined in notes 1-3 below).
Manufacturing/Building cleaning and janitorial services: One (1) parking space per two (2)
employees, but not less than one (1) parking space per five-hundred (500) square feet of
gross floor area (subject to the conditions outlined in notes 1-3 below).
Showrooms associated with the principal use are permitted as an ancillary use up
to a maximum of 30% of the total gross floor area devoted to such use.
Offices associated with the principal use are permitted as an ancillary use with a
maximum of 30% of the total gross floor area devoted to such use.
Office floor area which exceeds 30% of the total gross floor area shall be
considered a principal use and shall provide parking at thc rate of one (1) parking
space per three hundred (300) square feet of the entire gross floor area devoted to
such use.
Lot 3B: The parking calculation methods to be miliTed for Lot 3B are as follows:
o
Retail: The potential retail square footage (up to 49% of the gross ground floor
square footage), shall require one (1) parldng space per two hundred (200) square
feet.
Blended Rate: Warehouse, dism'bution, wholesale, showroom, and manufacturing
uses shall have the option to utili?e a blended rate ofone (1) parking space per
five-hundred (500) square feet of gross floor area~
Me~anine square footage shall be limited to warehouse uses and may utilive a
parking calculation method of one (1) parking space per eight hundred (800)
square feet of gross floor area.
Operations Center: One (1) parking space per three hundred (300) square feet of gross
floor area devoted to office use and one (1) parking space per eight hundred (800) square
feet of gross floor are devoted to warehouse use. Where both office and warehouse uses
are intermixed, parking shall be calculated based on the requiremem for office use.
Personal Services and Offices: One (1) parking space per three hundred square feet of
gross floor area.
Boynton Commerce Center PID Use List
Page 4
EXHIBIT "B"
Boynton Commerce Center Revised Use List Request
Request to Allow Catering and Food Services
The applicant, Levitt Commercial Boynton Commerce Center, LLC, has submitted a request to
revise the approved use list for the Boynton Beach Commerce Center. Chapter 2.5, Sec. 4.N. of
the City of Boynton Beach Code requires that all uses conform to performance standards outlined
therein. These standards are addressed below for the proposed revisions to the approved use list.
Noise. No use shall be carded out in any zoning districts so as to create sound which is in
viohtion of Section 15-8 of the City of Boynton Beach Code of Ordinances.
Response: The uses as proposed shall not produce sound in violation of Section 15-8.
Vibrations. No use shall be carried out in any ZOning district so as to create inherently and
recurrently generated ground xa'brations which are perceptible without instruments at any
point at or beyolld the property lines of the property on which the use is located.
Response: The uses as proposed shall not create ground vibrations which would be
perceptible beyondthe property lines of the subject Planned Industrial Development.
Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any
zoning district so as to allow the emi~ion of smoke, dust dirt or other particular matter
which may cause damage to property or vegetation, discomfort or harm to persons or
animals, or prevent the reasonable use and enjoyment ofproperty and rights-of-way, at or
beyond the property lines of the property on which the use is located. Furthermore, no
use shall be carried out so asto allow the emi~ion ofany substances in violation ofany
federal, state, county or city laws or permits governing the emi~ion of such substances.
Response: The proposed uses do not produce smoke, dust, dirt or other particulate matter
that would have any affect off-site of the property and shall comply with all federal, state,
county, or city laws or permits pertaining to same.
o
Odors and fumes. No use shall be carried out in any industrial district so as to allow the
em[qsion of objectionable or o~nsive odors or fumes in such concentration as to be
readily percept~ole at any point at or beyond the boundary ofinduslxi~ districts. For all
nonindustrial districts, the standards contained in this paragraph shall apply where district
abuts any residential district.
EXHIBIT "B"
Response: The proposed uses do not produce any objectionable or offensive odors or
fumes that would be readily perceptible at any point at or beyond the boundary of the PID.
Se
Toxic or noxious matter. No use shall be carried om in any zoning district so as to allow
the discharge of any toxic or noxious matter in such concentrations as to cause damage to
property or vegetation, discomfort or harm to persons or animals, or prevent the
reasonable use and enjoymem of property or rights-of-way, at or beyond the property line
of the property on which the use is located; or to contaminate any public waters or any
groundwater.
Response: The proposed uses do not produce any toxic or noxious matter in any
concentrations that would cause or vegetation, discomfort or harm to persons or animals,
or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond
the property line of the property on which the use is located; or contaminate any public
waters or any groundwater.
Fire and explosion hazards. No use shall be carried out in any zoning district so as to
create a fire or explosion hazard to adjacent or nearby property fights-of-way, or any
persons or property thereon- Furthermore, the storage, use or production of flammable or
explosive materials shall be in conformance with the provisions of Chapter 9 of the City of
Boynton Beach Code of Ordinances.
Response: The proposed uses do not create a fire or explosion ha?ar& There will be no
storage of flammable or explosive materials unless in conformance with Chapter 9.
Heat, humidity, or glare. No use shall be carried om in any zoning district so as to
produce heat, humidity or glare which is readily perceptible at any point at or beyond the
property line of the property on which the use is located. Artificial lighting which is used
to illuminate any property or use shall be directed away from any residential use which is
a conforming use according to these regulations, so as not to create a nuisance to such
residential uses.
Response: The proposes uses do not produce heat, h-midity or glare. Site lighting will
conform to code requirements and shall not be directed toward any residential use.
Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid
waste of any type, quantity or manner which is not in conformance with the provisions of
Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or
county laws or permits.
Response: Any applicable provisions of Chapter 26 of the City of Boynton Code of
Ordinances, or any applicable federal, state or county laws or permits shall be complied
Page 2
· " EXNIBIT "B"
Solid waste. No use shall be carded out in any zoning district so as to allow the
accumulation or disposal of solid waste which is not in conformance with Chapter 10 of
the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be
transferred in any manner to adjacent or nearby property or rights-of-way.
Response: The proposed uses shah be in compliance with Chapter 10 ofthe City of
Boynton Beach Code of Ordinances and shall m~i?.e the solid waste receptacles as
depicted on the approved site plan.
10.
Electromagnetic interference. No use shall be carried out in any zoning district so as to
create electromagnetic radiation which muses abnormal degradation ofperfornmm~ of
any electromagnetic receptor of quality and property design as defined by the principles
and standards adopted by the Institute of Electrical and Electronics Engineers, or the
Electronic Industries Association. Furthermore, no use shall be carried out in any zoning
district so as to cause electromagnetic radiation which does not comply with the Federal
Communications Commi~ion regulations, or which causes objectionable electromagnetic
interference with normal radio or television reception in any zoning district.
Response: The proposed uses shall not create electromalp~ic radiation.
11. Hazardous materials and hazardous waste. Items m through d.
Response: If any businesses locate within the PID which uses, handles, stores or displays
hazardous materials or generates hazardous waste, they shall comply with items a. through
d. as outlined in the City's performance standards. In addition, Section]II ofthe use list
outlines specific uses which are prolfibited in the PID and no additions or deletions to this
portion of the approved use list has been proposed as part of this request.
Page 3
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Commerce Center PID
File number: USAP 04-001
Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Commems: 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
X
Comments: None
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined. "~,~.~ .
ELJ
S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce C~USAP 04-001\COA.doc