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)'iN'TON COMMERCEN'TER
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EXHIBIT B
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1001 ) .1mato Road
SUite 306
Boca Raton, FL 33487
TELEI'I jO';E. 407/ 241-H 1 0
P,X 407/W-4354
VIA FACSIMILE #(407)375-6090
31 March 1995
Ms. Tambri J. Heyden
Planning & Zoning Director, City of Boynton Beach
1000 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-Q310
Re: ProDOSed Uae lWarehouae/Dlatrlbutlon of Commercial Turf EaulDment)
2019-2110-2112 Corporate Drive
Boynton Commerce Center
Boynton, Beach, Florida
Dear Ms. Heyden:
Pursuant to your 24 March 1995 and 30 March 1995 correspondence, we are requesting that the
warehouse/distribution and repair of turf maintenance equipment (lawn, tools and supplies,
mowers, tractors and related parts) be added to the list of permitted uses for the Boynton
Commerce Center under I.C.1, Section 8.A.1.c. of the City's zoning code. I am faxing this letter
to you in order to meet the 31 March 1995 deadline and to be reviewed at the 11 April 1995
Planning and Development Board meeting and the 18 April 1995 City Commission meeting.
A check in the amount of $150.00 for processing fees will be delivered to the Planning and
Zoning Department office on Monday, 3 April 1995. I hope that the delayed receipt of payment
will not hold up the process of our request as we did not receive your response until 31 March
1995.
Again, thank you very much for your assistance in this matter. Should there be any questions
regarding the proposed additional use for the Boynton Commerce Center, please contact me.
Sincerely,
MIG MANAGEMENT SERVICES OF FLORIDA, INC.
p;p~_c.rar,Ud.
Peter D. Reed
Associate
PDR/lh
cc: Harold Kilpatrick, Sr.
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HlF'WJ!\1' ,ll1;:241-4}lO
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VIA 'AC8lMtLl! .(407)a7HotO
6 Aprl11_
Ms.. lambrl J. Heyden
Planning & Zoning Director, City of Soynton a.ach
1000 Eat Boynton Beech Boulellard
P.O. Box ~1 0
Boynton Beach, FL 33425-0310
Re: Pro.ect Uu "'....ho..,./DI.trlbution of Commercial Tvrt EqulpmegQ
m1~~1~12C~M.eDme
Boynton Comll'lerce Center
Boynton, leach, "or~da
D8IU" Ms. Heyden;
As disCI........., this afternoon, attached piea_ find a detlsiled d_ortption of the a~aJ turf
equipment....... tor which The Kilpatrick Turf Equipment Co. Is proposing should their use be
permitted at lie Boynton Commlll'ce Center. For your Information, I placed a call to the Palm
Beach County Department of Environmental Resources and Management (DERM) to further
clarify the us. should OERM approval be necessary. As you mentioned in our co:wersation, an
individual in your office has a relationship with DERM, therefore I ask that a representative of the
City alae diacuaa thia matt.,. with tham '0 that we can r..olW this issue U 500ft as possible.
I hope the attached information will a..iat in the rrJiew process. I look forward to heMr'l9 from
you as soon as possible regerdlng the status of the addltlonai use apprOVBI for The Kiipatrick
Turf Equipment Co.
Please contact me directly or Glen Perry, Service Manager of ThEi KIlpatrick Turf Equipment Co.
at (305)792-6005 should you I,ave MY c:;uesticns regarding this matter.
Sincerely,
MIG MANAGEMENT 8ERYlCSt OF FLORIDA, INC.
"'.nt for Boynton Comme~ .::.nt.r, Ltd.
Peter D. Reed
Property Manager
PDRllh
00: Harold Kllpatrlok, Sr., .~he Kilpatrick Companle.
Garry Callahan, Kilp4trlck Turf Equipment
Carrie Parker, City Manager, City of Boynton Beach
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04/06/95 13: 151 PAX 3015 584 ~831 __ KILP:\TRIC! ,!r~'RP
raJOOllOOl
Kilpatrick Turf Eql1ipment
))aU:
April', 199!
To:
Mr. .... Reed
GAIT)' CaIIAIum
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To WboIa It May Oleum,
lw.d Wow Is the .,.. Work performed In the KiIpmtck Turf EQukmeat
Shop.
I. .,...,... ~ aM II taIreD .. ., eratellDd .. .......... by
Jln.lkn1blllte be del.... to cities, ~pIe eGUII~ ad golf
. .IllIf. dII'II oat lOath Florida.
2. w.n.Q ...... Ie peltonDecI_ the abo.... equl......
A. Ally del... J*1:IIIXIl as beariDp, .al..., ete., to be replaced IS
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our III"tIa MaDapr 11& ;*'"~.
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lema Mallaaer
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EXHIBIT C
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8.D.l
BOYNTON COMMERCE CENTER prD
USE APPROVAL
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-147
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J. HeYde~~~.~;': ~
Planning and Zoning Direct~
DATE: April 7, 1995
SUBJECT: Boynton Commerce Center - USAP #95-002
Use Approval - wholesale, retail, repair and assembly
of turf maintenance equipment
INTRODUCTION
Peter Reed, agent for the Boynton Commerce Center Ltd., property
owner of the Boynton Commerce Center, zoned PID (Planned
Industrial Development) is requesting approval to amend the list
of permitted uses for the Boynton Commerce Center to include
wholesale distribution, retail, repair and assembly of turf
maintenance equipment. The Boynton Commerce Center is located
approximately 900 feet west of Interstate 95 on the south side of
Woolbright Road (see Exhibit "A" - location map).
BACKGROUND
The Boynton Commerce Center was approved in 1983. Unlike other
zoning districts, there is no specific set of PID permitted uses
set forth in the zoning code. Instead, the zoning code states
that office, professional, business (wholesale or retail),
educational institution, adult entertainment (provided it meets
the distance requirements of the zoning code) or industrial uses
may be permitted provided that such use(s) is/are approved by the
Planning and Development Board. In approving uses, findings
shall be made that the use proposed will not be in conflict with
the performance standards listed in Section 4.N of the zoning
code and that the use is consistent with the intent and purpose
of the planned industrial development district. The performance
standards include the prohibition of any use which would be a
nuisance or hazard or which would interfere with the reasonable
use or enjoyment of adjacent or nearby property by reason of
noise; vibration; smoke, dust, dirt or other particulate matter;
odor and fumes; toxic or noxious matter; fire and explosion
hazards; heat, humidity or glare; liquid waste discharge; solid
waste accumulation; electromagnetic interference; or hazardous
materials or waste.
PID's are a separate and distinct zoning district from the city's
M-1, Light Industrial, district to recognize that not all M-1
uses are appropriate in a PID and vice versa. Furthermore, a
specific list of permitted uses is not established because PIDs
are intended to fill a niche in the current demand for light
industrial zoned land, which reflects a change in technology and
allows for economies of scale in industrial development. This
can often include allowing combining of uses not permitted to be
combined in other zoning districts, in exchange for more
stringent regulations governing unified control, landscaping,
open space, harmony of design and common use of improvements.
For these reasons, the use approval process is property specific
and designed to be more simple and quicker than having to change
the code to add a use not listed in the code.
Exhibit lIB" contains Mr. Reed's letters of request dated March
31, 1995 and April 6, 1995. Specifically the request is for
approval of the wholesale distribution (and limited retail),
assembly and repair of commercial turf maintenance equipment,
such as lawn tools, lawn supplies (excluding fertilizers and
pesticides), mowers, tractors and parts for same. Equipment
would be shipped in crates and stored until needing to be
assembled to meet the specifications of the customer. Customers
TO: Planning and Development Board
-2-
April 7, 1995
would include golf courses, schools, municipalities, and other
private and governmental agencies having commercial turf
maintenance responsibilities. Repair work would include warranty
work to service or replace defective parts such as bearings,
valves, etc. and non-warranty work such as pressure testing,
tune-ups, reel sharpening, electrical system repairs and engine
replacement. The current list of permitted uses for the Boynton
Commerce Center PID is provided in Exhibit "C".
ANALYSIS
As previously mentioned, a use shall not be approved if it is in
conflict with any of the city's performance standards. The
proposed uses would conform to those performance standards
relative to vibration, smoke, dust, odors, glare, heat, humidity,
radiation and electromagnetic interference and as long as a city
environmental review permit, with annual follow-up, is required
prior to establishing the use, solid waste accumulation from
crates and packing material used to distribute the turf equipment
and parts, could be monitored, as well as any potential fire or
explosion hazards. However, even if confined to inside the
building, staff has concern with the noise and liquid waste that
would result from the assembly and repair aspect of this request.
According to the utilities Department, the warranty and non-
warranty work mentioned in the applicant's letter would require
the use and storage of solvents (hazardous, liquid waste) and oil
and would involve steam cleaning and oiling of engines and parts,
leading to the possibility of oil and grease run-off. This is of
particular concern because as shown on Exhibit "D", there are
several city potable water production wells located on the
Boynton Commerce Center property. The city is governed by the
Palm Beach County Wellfield Protection Ordinance which, among
other things, requires certain uses located within wellfield
protection zones to obtain a permit from the Department of
Environmental Resources Management (DERM). Depending on the use
proposed, DERM will typically require mitigation measures such as
special containment structures and/or monitoring wells to be
employed. However, it is the position of the utilities
Department that since these production wells are an important
source of city drinking water, as well as recharge areas, uses of
this type should be discouraged within wellfield zones due to the
risk of groundwater contamination.
The current tenants at the Boynton Commerce Center are varied and
include manufacturing of electronic devices, plastic products,
medical instruments, communication devices and pharmaceuticals;
distribution/service of cellular phones; wholesale/distribution
of air conditioners, uniforms and pharmaceuticals; a nursing
registry; trade organization offices and training facility; a
glass contractor; an engineering office; and an electrical
contractor. This mix of uses reflects the establishment of this
PID as a combination office and industrial park. None of these
uses include engine servicing which can be noisy and dirty.
Since this PID includes operation centers and offices, repair and
servicing of turf equipment could be incompatible with the
existing uses at the Boynton Commerce Center. There is also the
possibility that approval of the repair aspect of this request
could open the door for automotive repair.
With regard to the wholesale, retail and distribution of the turf
equipment, retail of other approved uses in the PID is currently
limited to less than 50% of the goods sold on the premises (i.e.
- more than 50% of the goods must be sold at wholesale). No
adverse effects are anticipated with the wholesale/distribution
aspect of this request.
TO: Planning and Development Board
-3-
April 7, 1995
RECOMMENDATION
Based on the above, it is recommended that wholesale, retail
(subject to the current limitation of less than 50% of sales) and
distribution of commercial turf maintenance equipment be added to
the list of permitted uses at the Boynton Commerce Center.
However, it is not recommended that assembly and repair of
commercial turf maintenance equipment be permitted at the Boynton
Commerce Center.
tjh
Attachments
xc: Central File
A:BCCTurfEq
IO()] Yamato Road
Suite 30b
Boca Raton, FL 33487
TELEI'HONE 407/241-4310
FAX. 407/241-4354
VIA FACSIMILE #(407)375-6090
31 March 1995
Ms. Tambri J. Heyden
Planning & Zoning Director, City of Boynton Beach
1000 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Proposed Use (Warehouse/Distribution of Commercial Turf Equipment)
2019-2110-2112 Corporate Drive
Boynton Commerce Center
Boynton, Beach, Florida
Dear Ms. Heyden:
Pursuant to your 24 March 1995 and 30 March 1995 correspondence, we are requesting that the
warehouse/distribution and repair of turf maintenance equipment (lawn, tools and supplies,
mowers, tractors and related parts) be added to the list of permitted uses for the Boynton
Commerce Center under I.C.1, Section 8.A.1.c. of the City's zoning code. I am faxing this letter
to you in order to meet the 31 March 1995 deadline and to be reviewed at the 11 April 1995
Planning and Development Board meeting and the 18 April 1995 City Commission meeting.
A check in the amount of $150.00 for processing fees will be delivered to the Planning and
Zoning Department office on Monday, 3 April 1995. I hope that the delayed receipt of payment
will not hold up the process of our request as we did not receive your response until 31 March
1995.
Again, thank you very much for your assistance in this matter. Should there be any questions
regarding the proposed additional use for the Boynton Commerce Center, please contact me.
Sincerely,
MIG MANAGEMENT SERVICES OF FLORIDA, INC.
~;wmmeroe Cemer, Ud,
Peter D. Reed
Associate
PDR/lh
cc: Harold Kilpatrick, Sr.
. ~
....
I ,
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
occupational License Department
Tambri J. Heyden, Senior Plannerl1~
May 21, 1993
FROM:
DATE:
RE:
BOYNTON COMMERCENTER PID -
LIST OF PERMITTED USES AND PARKING REQUIREMENTS
The list of permitted uses and parking requirements at the
Boynton Commercenter has been amended by the Planning and
Development Board, at their May 11, 1993 meeting, for the
warehouse buildings located in this Planned Industrial
Development (PID) as follows. This list supersedes the latest
list dated February 25, 1991 from myself:
I. Permitted Uses, Not Req~iring Environmental Review Approval.
A. Personal Services
1. Carpet and Upholstery Cleaning
B. Manufacturing, including compounding, assembly, repair,
or treatment of articles or merchandise from the
following previouslY prepared materials:
1. Cellophane
2. Canvas
3. Fiber (i.e., wood, except that furniture
manufacturing requires environmental review)
4. Fiberglass
5. Glass
6. Leather
7. Textiles
8. Yarn
C.
Warehouse, Distribution, Wholesale
1.
Any manufacturing category listed above, or any
use listed in Sections 8.A.1.c (2), (3), (4), (6),
(7), (14), and (16) of the "M-1 INDUSTRIAL
DISTRICT" Zoning Regulations.
Retail sales are allowed for goods listed under
. the sections specified in I.C.l. above, provided
, that;".less than 50% of the goods sold on the
, premises, are sold at retail.
2 ,
,;"
D.
~~:~:,.} '1, .j:';~[ ";'~ " " ,...~:' :~i, ~~. },,~ "
Operations"Center. .;-: Requiring a' mix of moderate
warehouse AWl increased office use
f.t '.
1.
2 .
3.
4.
5 .
6.
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
storaae and truck parkina) for contractors are
specifically prohibited, however).
'.
7.
...
~
OCCUPATIONAL LICENSE DEPT.
-2-
MAY 19, 1993
E. Offices
'~j .;.f:
,
1. PID Leasing Office
2. Satellite Operations Management Offices for any
Light Industrial Use Allowed in Section 8 of the
"M-1 Industrial Districtll zoning Regulations
3. Professional Engineering Offices
II. Uses requiring Environmental Review - See Planning
Department for Application.
A. Manufacturing, including compounding, assembling, ,
repair, or treatment of articles or merchandise from
the following Dreviouslv DreDared materials:
1. Cosmetics
2. Drugs
3. Pharmaceutical
4. Paper
5. Plastics
6. Metal (i.e., machine shop)
7. Wire
8. Rubber
9. Electrical appliances, instruments, devices, and
components
10. Auto parts and equipment
11. Boat parts and equipment
12. Airplane parts and equipment
13. Medical equipment, instruments, devices and
components
14. Furniture
15. precision instruments
16. Engraving, printing, and publishing
B. Warehouse, Distribution, Wholesale
1. Seafood (excluding processing)
2. Principal uses for any of the manufacturing
categories listed under II.A. above.
3. 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 premises
are sold at retail.
III. All uses not specifically listed above are prohibited.
Furthermore, the following uses are expressly prohibited:
1. Fertilizer manufacturing, sale or distribution
2. Millwork
3. Metal casting
4. welding shops
5. Contractor's shops, storage, or truck parking
6. Retail sales, where the value of goods sold at
retail exceeds 50% of the total value of goods
sold from the premises.
7. 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.
,,;.
OCCUPATIONAL LICENSE DEPT.
-3-
MAY 19, 1993
Parking Requirement:
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).
Manufacturinq: 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
};)olow) ,
1. Showrooms associated with the principal use are
permitted as an ancillary use.
2. Offices associated with the principal use are
permitted as an ancillary use with a maximum of
25% of the total gross floor area devoted to such
use.
3. Office floor area which exceeds 25% 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.
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 area 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 (300) square feet of gross floor
area.
F'
=<~~Pl!:t,~
TJH/jm
cc: Christopher Cutro
Don Jaeger
Mike Haag
Jose Alfaro
Al Newbold
Tim Babcock, Boynton commercenter Property Manager
central File
A:COMMUSES.JM
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C I T Y 0 F
PLANNING &
BOY N TON B E A C H
DEVELOPMENT BOARD MEETING
AGE N D A
DATE:
Tuesday, April 11, 1995
TIME:
7:00 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1. Pledge of Allegiance.
2. Introduction of Mayor, Commissioners and Board Members.
3. Agenda Approval.
4. Approval of Minutes.
5. Communications and Announcements.
A. Report from the Planning and Zoning Department
1) Final disposition of last month's agenda items.
B. Filing of Quarterly Report for Site Plan Waivers and Minor Site
Plan Modifications.
6. Election of Chairperson and Vice Chairperson
7. old Business:
A. PUBLIC HEARING
LAND USE ELEMENT AMENDMENT/REZONING (continued from March 14, 1995
meeting)
1. PROJECT NAME: Mainstreet Car Wash
AGENT:
Jim Zengage
OWNER:
Forward Progress, Inc.
LOCATION:
Approximately 185 feet north of the northeast
corner of N.E. 1st street and Boynton Beach
Boulevard.
DESCRIPTION:
Request to amend the future land use map of
the comprehensive plan from Medium Density
Residential to Local Retail Commercial and
rezoning from R-2 (Single and Duplex Dwelling
District) to C-3 (Community Commercial).
8. New Business:
A. PUBLIC HEARING
LAND USE ELEMENT AMENDMENT/REZONING (to be continued to the May 9,
1995 meeting)
1. PROJECT NAME: Lake Worth Christian School
AGENT:
J. Richard Harris, Esquire
OWNER:
Condor Investments, Inc.
Page 2
Planning & Development Board Meeting
Agenda for April 11, 1995
LOCATION:
DESCRIPTION:
REZONING
East side of High Ridge Road, approximately
one-half (1/2) mile south of High Ridge Road.
Request to amend the future land use map of
the comprehensive 'plan from Low Density
Residential to Public and Governmental
/Institutional and rezoning from Planned Unit
Development (PUD) to R-1AA, Single Family
Residential.
2. PROJECT NAME: Lots 9 and 10, Palm Beach Country Club Estates
City of Boynton Beach
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PARKING LOT VARIANCE
City of Boynton Beach
South side of N.E. 8th Avenue, approximately
100 feet west of N.E. 1st Street.
Request for rezoning of Lots 9 and 10 of the
Palm Beach Country Club Estates subdivision
from PU, Public Usage, to R-2, Single and
Two Family Residential.
3. PROJECT NAME: Boynton Beach Tri-Rail Station
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
B. SITE PLANS
NEW SITE PLAN
Joe Handley,
Craven Thompson & Associates
Tri-County Commuter Rail Authority
East side of High Ridge Road and 460 feet
north of Gateway Boulevard.
Request for relief from Article X - Parking
Lots, Section 5-142 (h)(7) Driveway, to
construct four driveways onto a right-of-way.
1. PROJECT NAME: Boynton Beach Tri-Rail Station
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Joe Handley,
Craven Thompson & Associates
Tri-County Commuter Rail Authority
East of High Ridge Road and 460 feet north of
Gateway Boulevard
Request for site plan approval
629 space parking facility
platform for the Tri-County
station.
to construct a
and expanded
Commuter Rail
MAJOR SITE PLAN MODIFICATION
2 .
PROJECT:
AGENT:
..
Palm Beach Leisureville Recreation I
Michael P. Corbett
Page 3
Planning & Development Board Meeting
Agenda for April 11, 1995
OWNER:
LOCATION:
DESCRIPTION:
C. APPEALS
LANDSCAPE APPEAL
Palm Beach Leisureville, Inc.
1007 Ocean Drive
Request to amend the previously approved site
plan to construct a 1,685 square foot office
addition to the recreation building.
1. PROJECT NAME: Boynton Beach Tri-Rail Station
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Joe Handley,
Craven Thompson & Associates
Tri-County Commuter Rail Authority
East side of High Ridge Road and 460 feet
north of Gateway Boulevard.
Request for relief from Article II - Landscape
Code, Section 7.5-35 (e) to omit landscaping
along an interior lot line used for vehicular
use.
COMMUNITY DESIGN PLAN APPEAL
2. PROJECT NAME: Denny's Restaurant
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Louis Fenkell, Capital Signs
Denny's
2201 South Federal Highway
Request for relief from section 10.F.6 of the
Community Design Plan regarding exterior
lighting.
3. PROJECT NAME: Miami Subs
OWNER:
LOCATION:
DESCRIPTION:
D. USE APPROVAL
Joe Marouf
1920 South Federal Highway
Request for relief from Section 10.F.G of the
community Design Plan regarding exterior
lighting.
1. PROJECT NAME: Boynton Commerce Center PID
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Peter Reed, MIG Management Services of
Florida, Inc.
Boynton Commerce Center, Ltd.
South side of Woolbright Road, 100 feet west
of 1-95.
Request to amend the list of permitted uses
for the Boynton Commerce Center to allow
wholesale distribution, retail, repair and
assembly of lawn maintenance equipment.
page 4
Planning & Development Board Meeting
Agenda for April 11, 1995
9. Comments by members
10. Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A
RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375-6013 AT
LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
xc: Central File
a: avp"datll._l1