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LEGAL APPROVAL MEETING MINUTES REGULAR CITY COMMI! IN BOYNTON BEACH, FLORIOA JUNE 17, 1997 Tambri Heyden, Planning & Zoning Director, advised that this applicant has already gone through Environmental Review and the permit has been issued. Therefore, Comment #18 has been satisfied. In addition, staff agreed with the Planning and Development Board's recommendation to delete Comment #17. Motion Commissioner Jaskiewicz moved to approve the site plan for a 19.449 square foot warehouse on 1.267 acres for Amerope Enterprises, Inc. at High Ridge Commerce Park PID as per staff comments. Commissioner Tillman seconded the motion. Commissioner Bradley confirmed with Commissioner Jaskiewicz that her motion includes the deletion of Comment #17. The motion carried unanimously. B. Project: Agent: Owner: Location: Description: High Ridge Commerce Park PIO Richard C. Ahrens Condor Investment of Palm Beach County, Inc. Northeast corner of High Ridge Road and Miner Road USE APPROVAL - Request for use approval to add manufacturing and warehousing of x-ray and nuclear shielding products to the High Ridge Commerce Park PID list of permitted uses. Mayor Taylor advised that the Planning and Development Board recommended approval of this use approval subject to staff comments. Tambri Heyden advised that there was only one condition of approval that the use be subject to Environmental Review. That has already occurred. Motion Commissioner Bradley moved to approve the request for use approval at High Ridge Commerce Park PID. Commissioner Jaskiewicz seconded the motion which carried unanimously. x. NEW BUSINESS: - A. I~ms for discussion by Commissioner Matt Bradley 1. Resolution regarding the High Speed Rail At Commissioner Bradley's request, there was a consensus of the Commission to send the City's Resolution to the Florida Department of Transportation Advance Notification Response group. 12 MEETING MINUTES PLANNING & DEVELOPME"'. BOARD BOYNTON BEACH, FLORIDA JUNE 10, 1997 Use ADDroval 2. Project: Agent: Owner: Location: Description: High Ridge Commerce Park PID Richard C. Ahrens Condor Investment of Palm Beach County, Inc. Northeast corner of High Ridge Road and Miner Road Request for use approval to add manufacturing and warehousing of X-ray and nuclear shielding products to the High Ridge Commerce Park PID list of permitted uses. Motion Mr. Aguila moved to approve staff's recommendation. Mr. Wische seconded the motion. Mr. Rosenstock expressed concern about the approval for nuclear shielding products, and questioned whether this use will be properly shielded from radio, television, cellular phones and anything else that can have a problem. Mr. Myatt felt a problem might be experienced if testing is permitted in this facility. Mr. Moss was unable to advise whether or not testing would be conducted at this facility, but reminded the members that this particular company is already in existence in the City of Boynton Beach and there has been no environmental impact. Mr. Lewicki explained that the owner informed him that this is more of an assembly use than a production use. They have two lines of operation. One is storage of the nuclear shielding which is made out of glass with a layer of protective material melted into the glass. The shielding material is not manufactured in this country. It is brought here from Japan, stored, and distributed. The second line of operation, which will be done here in Boynton Beach, is to protect a chip board with a layer of protective material. Mr. Rosenstock would be more comfortable with this approval if the City had documentation from the operator of this project that would make it easier for the City to close this business if they violate any Codes. His concern was the future potential for lawsuits involving the City. Another representative of the Ahrens Company advised that they are already in operation in the Boynton Commerce Center, and Palm Beach County Code Enforcement Officers check the operation once a year. The motion carried unanimously. B. OTHER None 3 7.A.2 USE APPROVAL HIGH RIDGE COMMERCE PARK PID DEVELuPMENT SERVICES DEPARTMEN I PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-258 TO: Chairman and Members Planning and Development Board THRU: Tambri J. Heyden, AICP Planning & Zoning Director FROM: Jerzy Lewicki Assistant Planner DATE: June 10, 1997 SUBJECT: High Ridge Commerce Park PID - File No. USAP 97-001 Use Approval (manufacturing and warehousing of x-ray and nuclear shielding glass products). NATURE OF REQUEST Richard C. Ahrens of Ahrens Companies, agent for Amerope Enterprises, Inc., contract purchaser of lot 16, block 2 of the "Cedar Ridgp., a PUD and High Ridge Commerce Park, a PID" subdivision is requesting use approval for manufacturing and warehousing of x-ray and nuclear shielding glass products within the High Ridge Commerce Park PID (see attached location map - Exhibit "A"). Chapter 2 - Zoning, Section 7(E) of the Boynton Beach Land Development Regulations requires that any use proposed within the Planned Industrial Development (PID) district has to be approved by the Planning and Development Board. Due to a long period of inactivity and foreclosure of the project between 1985 and 1993, a comprehensive list of permitted uses in this PID was never submitted for approval. To date, only the following two uses have been requested: · wholesale and service of turf maintenance equipment · truck and solid waste container storage Recent interest in developing additional lots in this PID has spawned the need to expand the list of approved uses. BACKGROUND Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PID. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11.M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. To approve l Page 2 Use Approval Staff Report Memorandum No. 97-258 Amerope Enterprise - USAP 97-001 such a use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the planned industrial development district. The land development regulations, specifically the Planned Industrial Development (PID) district guidelines, were designed to provide a zoning classification for light industrial development that would better satisfy current demands for light industrial zoned lands by encouraging development that reflects changes in technology, relates the development of land to a specific site and conserves natural amenities. In addition, it is intended "to accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services. allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach." The land use designation of this PID is industrial. The Comprehensive Plan allows for the development of light manufacturing and research and development activities in the industrial land use category which encompasses the M-1, Light Industrial and the PID, Planned Industrial Development districts. It should be noted for comparison purposes that warehousing and fabrication of glass and glass products are permitted in the M-1 (Light Industrial) district. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). North Undeveloped. multi-family portion of Cedar Ridge PUD. East Seaboard Airline Railroad right-of-way and farther east is 1-95 right- of-way. South Parking and storage facility for Waste Management of Palm Beach, zoned Light Industrial M-1. West Right-of-way of High Ridge Road and farther west is unincorporated Palm Beach County. ANAL YSIS The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise. vibration. smoke. dust, or other particulate matter; toxic or .3-- Page 3 Use Approval Staff Report Memorandum No. 97-258 Amerope Enterprise - USAP 97-001 noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a response to the Chapter 2, Section 4N. Performance Standards of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses included in Exhibit B - Response Letter, are paraphrased as follows: 1) Noise: The applicant states that no sound will be created which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. 2) Vibrations: As stated by the applicant, no ground vibrations will be generated by the proposed use. 3) Smoke, dust, dirt, or other particular matter: As stated by the applicant, no emission of smoke, dust, dirt or other particular matter will be created. The proposed use will not allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. 4) Odors and fumes: The applicant states that no objectionable or offensive odors will be readily perceptible at any point beyond the industrial district. 5) Toxic or noxious matter: The applicant states that the proposed use will not allow any toxic or noxious matter to be discharged in such concentrations as to cause damage to property 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 or to contaminate any public waters or any groundwater. 6) Fire and Explosion: As stated by the applicant the proposed use will not create a fire or explosion hazard. 7) Heat, Humidity or Glare: The applicant states that the proposed use will not produce heat, humidity or glare which is readily perceptible past the property boundary. Staff confirms that the on-site lighting will conform to the city standards and is not in excess of city standards to produce glare. 8) Liquid Waste: As stated by the applicant, any disposition of liquid waste will be in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances or any applicable federal, state or county laws or permits. 9) Solid Waste: The applicant indicates that any accumulation or disposal of solid --:::> ~ Page 4 Use Approval Staff Report Memorandum No. 97-258 Amerope Enterprise - USAP 97-001 waste will be in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances and will be properly transferred to adjacent or nearby property. 10) Electromagnetic Interference: No electromagnetic radiation or interference is to be created by this use. 11) Hazardous Materials and Hazardous Waste: The applicant states that no hazardous materials or hazardous waste will be created, stored or handled with the proposed use. After reviewing the proposed use in accordance with the performance standards contained in Chapter 2 - Zoning, Section 4N of the Land Development Regulations, the Technical Review Committee concurs with the above evaluation provided by the petitioner. RECOMMENDATION Based on the above analysis of the proposed use, it is recommended that the list of permitted uses within the High Ridge Commerce Park PID be amended to include manufacturing and warehousing of x-ray and nuclear shielding glass products subject to Environmental Review. T JH:JL:dim s:\projects\high rid\usap\high ridge pid C{- EXHIBIT "A" s IIIUUlJ~ /I II If ~UJ-IJ-JtJ~:;1 ~ f=~ r?" 1/'---:'-" _ .<<11:- J) I ~%0f -f 11 r "n ;x. ....-.- f- ';<,7 -,I-I J-J -T "!: -'r IF 1: , - " j '- ,-- _' " .m' II ........./ .' 'ol :1...-' -~- ::'-Y)- - ~ .. - " , ",.., & :t ~ ,. 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J~ ~:,~, - p lFf,,~'J ~ i ' ',~ ffirnl~~~J2; .~, ~--~ g~~II~_~~ ~E13ffil ~ffitjj, ~/')_ _J:J; "-~71~/1 ~.lII1l1181 MI~E$~../ ~{ Je'...<a:;.'''' ;1. - -II It fj '0 400 '800 FEET .- \ \.v:/....I D /-. ' : / /- Ii II ' ... OI-.Dr. 12-'''' ., ;..' :'( - - ...,.......- ,'- \' Ii II! IIIII I 1,1 i It'll 7. EC - IAA: ...~ . II'-AI I. f""IUUt:. LiUMMERCE '-'ARK PID .--JI rp~ J LU: ,"_1__ .L"f IU I'" I " . ~c:alll .If ...... ~. ~ }\ -::1fT: J I ( ~,' I:j / :: 1\ {J"'" , ~ : I \ I' I " .. I :: .: ,:.' , \:0,' . I --- e"J , .. I ...L l- 1 T T"'\ i,j I :t ' , . T I r I -=:fr , R1AA I C::j) . - NO"- " IN -( CITY ~~ EXHIBIT "B" /1 - I A ~~~::~ES Uti ~ MAY I 2 Iggr ~ PLANNING AND ZONING DEPT. May 7,1997 Ms. Tambri J. Hayden ' Planning & Zoning Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Reference: Amerope Enterprises, Inc. Use Approval Dear Ms. Hayden: As agent for the owner, please accept this letter as our formal use approval request for Lot 16, Block 2 of Cedar Ridge, a P.I.D, and High Ridge Commerce Park at P,I.D, as recorded in Plat Book 46, Pages 58-61 of the Public Record of Palm Beach County. Florida. The proposed use requested is for the construction of a 19,449 s.1. facility that will house the corporate office of Amerope Enterprises, Inc. (1,761s.1.) and their warehouse/manufacturing area (6,235s.1.). This proposed facility will also contain a maximum of two (2) rental bays: Rental Bay #1 is 6,855 s,f. and Rental Bay #2 is 4,598 s.1. These two (2) units shall conform to one of the following uses listed on the attached list of Intended Uses Approved by the City of Boynton Beach; however, they will be vacant at this time and will have to apply for Use Approval individually prior to occupancy. I The proposed use for Amerope shall consist of the following: warehousing and manufacturing of X-ray and nuclear shielding glass products. This use will comply with all of the City's performance standards. They are individually addressed as follows: 1. Noise: No sound will be created which is in violation of section 15-8 of the City of Boynton Beach Code of Ordinances. 2, Vibration: No ground vibrations will be generated by the proposed uses, 3. Smoke, dust or other particular matter: No emission of smoke, dust, dirt or other particular matter will be created. The proposed uses will not allow the emission of any substances in violation of any federal, state, county or city laws or penta governing the emission of such substances. 4. Odors and fumes: No objectionable or offensive odors will be readily perceptible at any point beyond the industrial district. 3750 Investment Lane, Suite 2, West Palm Beach, FL 33404-1765 Office (561) B63-9004 FJX (')611 863-9007 License # CBC 006515 c- .J Ms. Tambri J. Hayden May 7, 1997 Page 2 5, Toxic or noxious matter: The proposed use will not allow any toxic or noxious matter to be dischargeq in such concentrations as to cause damage to property orvegetation, discomfort or harm to perscns or animals, or prevent the reasonableuse and enjoyment of property or rights-of-way at or beyond the property line or to contaminate any public waters or any groundwater, 6. Fire and Explosion: The proposed uses will not create a fire or explosion hazard. 7, Heat, Humidity or Glare: The proposed uses will not produce heat, humidity or glare which is readily perceptible past the property boundary. The lighting will conform to the City of Boynton Beach's standards. 8. Liquid Waste: kly disposition of liquid waste will be in conformance with the provisions of Chapter 26 of the Boynton Beach Code of Ordinances or any applicable federal, state or county laws or permits. 9. Solid Waste: Any accumulation or disposal of solid waste will be in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances and will not be transferred to adjacent or nearby property or rights-of-way. 10. Electromagnetic Interference: No electromagnetic radiation or interference will be created. 11. Hazardous Materials and Hazardous Waste: No hazardous materials or hazardous waste will be created, stored or handled with the proposed use. Also enclosed is a check in the amount of $250.00 for use approval. I trust this information is acceptable for consideration of the use approval. As always, please do not hesitate to call should you have any questions. Sincerely, AHRENS COMPANIES ~c.~ RICHARD C. AHRENS Chief executive Officer Enclosure: Check cc: Mr. A. Edward Testa, Amerope Enterprises richard amerope\useappro.OS07 c' f