LEGAL APPROVAL
J
iJ1ie City of
$oynton $eacfi
100 rr" fJJoynton fJJeadi. fJJoufevan!
P.O. fJJ~310
fJJoynton fJJeac.n., !fforUfa. 33425-0310
City 9laII: (561) 375-6000
!f5tX: (561) 375-6090
December 1, 1997
Ron Kent
Jack Lupo Realty
190 W. Glades Road, Suite C
Boca Raton, Florida 33432
Re:
File No:
Location:
High Ridge Commerce Park PID
USAP 97-003 (wholesale & warehousing of fabrics)
Commerce Road (300 feet north of the intersection of Miner Road and High
Ridge Road)
Dear Mr. Kent:
Enclosed is the City of Boynton Beach development order regarding the City Commission's
November 18, 1997 approval of your request for use approval as noted above.
',""
"'-.
Shoulp you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
I
- I"
" //"'C:- 'Z-........l. ::-,~:...
'- -/~ /'
~ . -+-- <.. -...'
/" /'
, ~\
, I
J..'l / /-:/"
//
~ /1
Tambri J. Heyden, AICP
Planning and Zoning Director
T JH:jbg
Attachment
xc: Central File
s:\planning\shared\wp\projects\Harrision Import & Export\USAP\DO Approval Letter,doc
Yfnurica's (jateway to tfu (juifstream
DEVELOPMENT ORDER
en . OF BOYNTON BEACH, FLORIDJo
,~
~/.
PROJECT NAME: High Ridge Commerce Park PID
APPLICANT: Jack Lupo Realty
APPLICANT'S AGENT: Ron Kent
i~Y
PLANNING AND
ONING OEPT,
APPLICANT'S ADDRESS: 190 W, Glades Road, Suite C, Boca Raton, FL 33432
DATE OF HEARING BEFORE CITY COMMISSION: November 18. 1997
TYPE OF RELIEF SOUGHT: Use approval (wholesale and warehousing of fabrics)
LOCATION OF PROPERTY: Commerce Road (300 feet north of the intersection of Miner Road and
High Ridge Road)
DRAWING(S}: SEE EXHIBIT "A" ATTACHED HERETO.
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:
1 ' Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's land Development Regulations.
2. The Applicant
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3. 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 "B" with notation "Included".
4, The Applicant's application for relief is hereby
L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order,
7. Other
DATED: /Yby ~// /9'97
~~~~<?L'
City Clerk
\\\\,UIIIIl1l1ll'l
.,\\ B~ 'II/.
.~,\ o~ ICAC ~
.' -\ ___ L. ~
....-........ . ~ ......-JEb--... ~ T ~
~ ." ..,.,,~ ~ ~
~ -, ~..., -
: ~.... : ~
-""i "" ==
:: u- :0 n"!! <:( ==
~ 0 ~.~ ri..V,1 Q ~
- . ....."'J......_
~ 7' ~ ., -'" ~ ~
~ 0(/-. .......".,,0 j'
~ v f~"
"'//. ~\\'
'II"" 1111"\\\\\\
J:\SHRDA T A \Ptanning\SHARED\WP\PROJECTS\Harrison Import Export\NWSP\DEVELOPMENT ORDER.doc
EXHIBIT "B"
Conditions of ADDroval
Project name: Harrison Import and Export
File number: USAP 97-003
Reference. Letter of reauest dated Julv 31, 1997
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: X
1. This use approval is limited to warehousing and wholesale distribution of
fabrics only. Another use approval will have to be processed to allow
"light assembly of fabrics" as a pennitted use in High Ridge Commerce
Park PID. X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be detennined. A6N'd V
Ibme
S:\projectslcond of appr\
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1996
do not constitute a substantial deviation. Commissioner Jaskiewicz seconded the motion, which
carried 4-0.
Mayor Taylor inquired about the completion date. Mr. Conahan hoped to be back before the
Commission with a site plan in April.
VII. PUBLIC AUDIENCE
This item was dispensed with earlier in the meeting.
VIII. DEVELOPMENT PLANS
A.
Project:
Agent:
Applicant:
Location:
Description:
High Ridge Commerce Park PID
Richard C. Ahrens
Condor Investments of Palm Beach County, Inc.
Northeast comer of High Ridge Road and Miner Road
Use Approval - Request to amend the list of High Ridge
Commerce Park PID permitted uses to allow wholesale distribution
and service of turf equipment
Mr. Ahrens represented the Kilpatrick Company. He advised that the use approval was
unanimously approved by the Planning and Development Board.
Ms. Heyden advised that this is a request to amend the list of permitted uses at the High Ridge
Commerce Park PID. Staff recommended approval subject to environmental review.
Ms, Heyden added that the applicant has already gone through environmental review.
Motion
Commissioner Jaskiewicz moved to amend the list of High Ridge Commerce Park PID permitted
uses to allow wholesale distribution and service of irrigation supplies and turf equipment subject
to environmental review. Mayor Pro Tern Matson seconded the motion, which carried 4-0.
B.
Project:
Agent:
Applicant:
Location:
Boynton Commercenter PID
Frederick Roth, Jr., P.E, - Michael B, Schorah & Associates
Boynton Commercenter, Ltd,
Approximately 700 feet south of the southwest comer of
Woolbright Road and 1-95
36
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office
0 August 19, 1997 August 8, 1997 (noon) 0 October 21, 1997 October 10, 1997 (noon)
0 September 2, 1997 August 22, 1997 (noon) IZI November 4, 1997 October 24, 1997 (noon)
0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon)
0 October 7, 1997 September 26, 1997 (noon) 0 December 2, 1997 November 21,1997 (noon)
RECOMMENDATION: Please place the request below on the November 4, 1997 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Actions. The Planning and Development Board with a 6-0 vote,
recommended approval of the request below subject to staff comments, For further details pertaining to this request, see
attached Planning and Zoning Memorandum No. 97-511,
EXPLANATION:
PROJECT: Harrison Import and Export - High Ridge Commerce Park Pill
AGENT: Ron Kent, Jack Lupo Realty
OWNER: Condor Investment of Palm Beach County, Inc.
LOCA TION: Commerce Road (300 feet north of the intersection of Miner Road and High Ridge Road).
DESCRIPTION: Request to amend the list of approved uses for the High Ridge Commerce Park Pill to include warehousing
and wholesale distribution of fabrics,
PROGRAM IMPACT: N/A
FISCAL IMPACT: NI A
ALTERNATIVES: N/A
City Manager's Signature
Department Head's Signature
Development Services
~epartment Name
/' /
r ,,' ,1 U
~~'-J7-L ti. t.-t ' 9--/j-ft-u!~~
Planning and Zoning Director ./
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-511
TO:
Chairman and Members
Planning and Development Board
THRU:
FROM:
Tambri J. Heyden, AICP
Planning & Zoning Director
Jerzy Lewicki -\ V
Acting Senior Planner --J
DATE: October 22, 1997
SUBJECT: High Ridge Commerce Park PID - File No. USAP 97-003
Use Approval (warehousing and wholesale distribution of fabrics).
NA TURE OF REQUEST
Ron Kent of Jack Lupo Realty Co., agent for Harrison Import and Export, Inc., contract
purchaser of lot 8. block 2 of the "Cedar Ridge, a PUD and High Ridge Commerce Park, a
PID" subdivision is requesting use approval for warehousing and wholesale distribution of
fabrics 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 three uses have been
requested:
· wholesale and service of turf maintenance equipment
· truck and solid waste container storage
· manufacturing and warehousing of x-ray and nuclear shielding glass products
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
such a use, the Planning and Development Board must make findings that the proposed use
/
Page 2
Use Approval Staff Report
Memorandum No. 97- 511
Harrison Import/Export - USAP 97-003
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 wholesale distribution 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,
ANALYSIS
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
noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or
explosive hazard, liquid waste discharge, or solid waste accumulation.
d
Page 3
Use Approval Staff Report
Memorandum No. 97- 511
Harrison Import/Export - USAP 97-003
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: This use does not generate sound in violation of Section 15-8 of the City
of Boynton Beach Code of Ordinances.
2) Vibrations: No ground vibrations are generated by this type of use.
3) Smoke, dust, dirt, or other particular matter: This use does not emit smoke, dust,
dirt or other particular matter. The proposed use will not allow the emission of
any substances.
4) Odors and fumes: This use does not generate objectionable or offensive odors.
5) Toxic or noxious matter: The proposed use does not discharge any toxic or
noxious matter.
6) Fire and Explosion: Storage of fabrics can be a fire hazard, The Fire
Department has reviewed this request and finds it acceptable.
7) Heat, Humidity or Glare: The proposed use does not produce heat, humidity or
glare, Staff confirms that the on-site lighting will conform to the city standards
and is not in excess of city standards to produce glare. Additionally, the area of
the future multifamily development of Cedar Ridge PUD will be screened by a
required 40 foot wide, required landscape buffer.
8) Liquid Waste: This use does generate liquid waste,
9) Solid Waste: The applicant indicates that any accumulation or disposal of solid
waste will be in conformance with Chapter 10 of the City of Boynton Beach Code
of Ordinances.
10) Electromagnetic Interference: No electromagnetic radiation or interference is
created by this type of 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.
~
/-0,
~
Page 4
Use Approval Staff Report
Memorandum No. 97- 511
Harrison Import/Export - USAP 97-003
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.
RECOMMENDA liON
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 warehousing and
wholesale distribution of fabrics, subject to comments included in Exhibit "C" - Conditions of
Approval
S:\Planning\SHAREO\WP\PROJECTS\HIGH-RIO\USAP\HIGH RIDGE PID-harrimpex2.doc
Lf-