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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-