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Boynton Commerce CenterDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Ir AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 6, 2004 TYPE OF RELIEF SOUGHT: Request use approval for dance instruction on Lot 3B 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, Florida 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 headng 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 Applicant ,,,'~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 Applicant's application for relief is hereby v'"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WF~PROJECTS~Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instruction\DO. Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" ' PCD C3 EXHIBIT "B" Proposed Revision to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID April 14, 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 fxom 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 Leather Textiles Yarn Uses listed under Section 8.A.l.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.A.l.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 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution 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" Do 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 shall 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 PID. Operations Center - Requiring a mix of moderate warehouse and increased office USe. 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). Track parking for contractors is specifically prohibited, however. Offices PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Professional Engineering Offices Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" II m F. Miscellaneous Uses Dance Instruction is allowed only in the portion of the building on Lot 3B designated as retail. Uses requiring Environmental Review - See Planning Department for Application Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Cosmetics Drugs Pharmaceutical Paper Plastics 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, Distribution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section lI.A. 5. above (plastics) provided that less than 50% of the goods sold on the premises 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 specifically listed above are prohibited. Furthermore, the following uses are Boynton Commerce Center PID Use List Page 3 expressly prohibited: EXHIBIT "B" 2. 3. 4. 5. 6. Fertilizer manufacturing, sale or distribution Millwork 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 total value of goods sold from the premises with the 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 the "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 the 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. o Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the 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 utilized for Lot 3B are as follows: Retail: The potential retail square footage (up to 49% of the gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rote of one (1) parking space per five-hundred (500) square feet of gross floor area. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 EXHIBIT "B" Or atior Cent,r: One parki~ 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 requirement 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 5 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 04-003 Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request 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: 1. Submit a revised traffic impact statement that indicates the proposed uses and X their respective building intensities (on Lot 3B in conjunction with NWSP Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 03-009) to ensure equivalent impacts and / or compliance with the Traffic Performance Standards of Palm Beach County. 2. The required parking for businesses (on Lot 3B) that are engaged in retail / X commercial uses such as a dance instruction studio would be calculated on the entire bay at a retail rate of one (1) parking space per 200 square feet of gross floor area. Adequate parking will be determined prior to the issuance of an occupational license. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. Condition #2 will be revised as follows: the required parking for businesses X (on lot 3B) that are engaged in retail/commercial uses such as a dance instruction studio would be calculated on the entire bay at a retail rate of one (1) parking space per 200 square feet of gross "ground" floor area only. Adequate parking will be determined prior to the issuance of an occupational license. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ ELJ S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce C~Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instruction\COA.doc