AGENDA DOCUMENTS
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetinv: Dates in to City Clerk's Office
0 December 3,2002 November 18. 2002 (Noon) 0
0 December 17, 2002 December 2. 2002 (Noon) 0
0 January 7, 2003 December 16,2002 (Noon) 0
0 January 21. 2003 January 6. 2003 (Noon.) I:8J
Requested City Commission Date Final Form Must be Turned
Meetimz Dates in to City Clerk's Office
February 4, 2003 January 21. 2003 (Noon)
February 18. 2003 February 3, 2003 (Noon)
March 4, 2003 February 18,2003 (Noon)
March 18,. 2003 March 3, 2003 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
I:8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
0 Development Plans c:' n.-t
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0 New Business -, - ',-,
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0 Unfinished Business (,."\
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RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda under
Consent Agenda. The Planning and Development Board with a unanimous vote, reconunended that the subject request be
approved subject to staff comments and the additional condition to exclude selected uses either felt inappropriate for the
district or to be left out allowing for future case-by-case review when proposed, For further details pertaining to the request,
see attached Department of Development Memorandwn No. PZ 03-046.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Motorola PID (USAP 03-001)
R. Duke Woodson, Foley and Lardner
Maury L. Carter & Associates. Inc.
Southeast comer of Gateway Boulevard and Congress Avenue
Request to approve a list of permitted uses for the 39 .-Jacre PID.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~-
Develop
11-u 7L ~
Planning and Zoning i(;ector
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Motofola DR1\USAP 03-GOl\Agenda Item Request Motorola Pro (USAP 03-001) 3-1S-03.dot
S:\BULLETIN\FORMSIAOENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-046
STAFF REPORT
TO:
Chairman and Members
Planning and Development Board and City Commission
THRU:
Michael Rumpf
Director of Planning & Zoning
FROM:
Eric Lee Johnson, AICP
Planner
DATE:
February 20, 2003
PROJECT NAME/NO:
Motorola PID / (USAP 03-001)
REQUEST:
Use Approval
PROJECT DESCRIPTION
Property Owner: Maury L. Carter & Associates
Applicant! Agent: R. Duke Woodson, Foley and Lardner
Location: Southeast corner of Gateway Boulevard and Congress Avenue
Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID)
Proposed Land Use/Zoning: N/ A
Proposed Use: The application includes a general list of uses that may be permitted in
this PID (see Exhibit "D" - Motorola Planned Industrial Development
(PID) Permitted Uses)
Acreage: 39,3 acres
Adjacent Uses:
North:
Gateway Boulevard right-of-way and farther north is developed commercial
property with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3);
South:
Undeveloped property with an Industrial (I) land use designation, zoned
Planned Industrial Development (PID) and farther south is the right-of-way
of the Lake Worth Drainage District C-16 canal and still farther south is
vacant property with a Moderate Density Residential (MoDR) land use
Motorola PID Use Approval (USAP 03-001) Staff Report
Memorandum No PZ.03-046
Page 2
designation, zoned Single-family Residential (R1AA);
East:
Undeveloped property with an Industrial (I) land use designation, zoned
Planned Industrial Development (PlD) and father east is the right-of-way of
the Lake Worth Drainage District Equalizing (E-4) Canal and still farther east
is developed property with an Industrial (I) land use designation, zoned
Planned Industrial Development (PlD); and
West:
Congress Avenue right-of-way and farther west is deveioped property with a
Local Retail Commercial (LRC) land use designation, zoned Community
Commercial (C-3),
BACKGROUND
Mr, R, Duke Woodson, Foley and Lardner, agent for the owner has submitted an application for use
approvals in the Motorola Planned Industrial Development (PlD) (see attached location map - Exhibit "A").
The proposed list of permitted uses includes the following: Commercial/Personal Services, Warehouse,
Manufacturing, Industrial, and Office (see Exhibit "D" - Motorola PlD Permitted Uses), A list of approved
uses was not necessary when the property was originally rezoned to PlD, The Motorola Coroporation was
the sole occupant of the property,
The approval of permitted uses is required for all Planned Industrial Developments, Simiiar to the
Quantum Park PlD and High Ridge Commerce Center PlD, the original approved master plan for the
Motorola PlD did not include a specific list of permitted uses. A permitted uses list for these two master
plans were subsequently created incrementally in connection with the approval of new developments for
each PlD. In contrast, the Boynton Beach Commerce Center PlD included a list of permitted uses as part
of the initial master plan approval. The impetus of this request (in the Motorola PlD) is based upon the
recently approved changes made to the Motorola PlD master plan, These changes are described in detail
in the "Analysis" section of this staff report.
Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a
PlD, Pursuant to Chapter 2 - Zoning, Section 7,E., in a PlD, 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 U,M, of the
zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and
Development Board, In approving a particular 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 uses proposed are consistent with the intent and purposes of the
Planned Industrial Development District,
ANALYSIS
Motorola is a partially built-out Development of Regional Impact (DRI) comprised of 87 A-acres, The
original DRI development order, in 1979, established a three-phase master plan, which was subsequently
followed by a corresponding rezoning to accommodate the DRI on the zoning map, Major changes in
Motorola's operation have led to the reduction of on-site activity and subsequent sale of the property to
Motorola PID Use Approval (USAP 03-001) Staff Report
Memorandum No PZ-03-046
Page 3
the current owner (Maury L. Carter & Associates, !nc. of Orlando). The new owners, as part of a plan to
maximize use of the property, amended the DR! in December of last year to convert 825,000 square feet
of industrial and office land use entitlements for the property to 500 multi-family residential units, 63,500
square feet of commerciai space, 450,000 square feet of office space and 128,000 square feet of
warehouse space. No changes were made regarding the DR! phasing, commencement date or the build-
out date of 2010. However, a PID of this size is not permitted to include both commercial and residential
uses. Therefore, the undeveloped portions of the DRljMaster Plan (48.1 acres) were removed from the
existing PID and are currently in the process of being rezoned to Community Commercial (C-3), The City
Commission approved the Master Plan modification (MPMD 02-004) on February 4,2003, The Master Plan
now shows the Motorola site is subdivided into three distinct parcels with their associated zoning districts
(PID and C-3),
The applicant is required to address the Performance Standards listed in Chapter 2, Section 4,N of the
Land Development Regulations as they relate to the proposed list of permitted uses, The purpose of the
Performance Standards are 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; Dr 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. The list of
permitted uses is shown in the following table, Staff inserted citations and asterisks into the table so that
proposed uses would be consistent and compliant with the performance standards and procedures of
Chapter 2, Section 4.N and Chapter 2, Section 5.E of the Land Development Regulations respectively (see
Exhibit "C" - Conditions of Approval),
The applicant's responses to the 11 performance standards are listed below:
1. Noise: No use shall be carried out on the property so as to create sound which is in violation of
Section 15-8 of the City Ordinances,
2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently
generated ground vibrations, which are perceptible without instruments at any point at or beyond
the property line.
3, Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so
as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage
to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use
and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be
carried out on the property so as to allow the emission of any substances in violation of any federal,
state, county, or city law or permit governing the emission of such substances,
4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of
objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any
point at or beyond the boundary of the property,
5, Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission
of toxic or noxious matter in such concentration as to cause damage to property, vegetation,
discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment
of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any
public waters or any groundwater.
Motorola PID Use Approval (USAP 03-001) Staff Report
Memorandum No PZ-03-046
Page 4
6, Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion
hazard to adjacent or nearby property or rights-of-way or any persons or property thereon.
Furthermore, the storage, use, or production of flammable or explosive materiais shall be in
conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances,
7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat,
humidity or glare readily perceptible beyond the property lines,
8, Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any
type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City
of Boynton Beach Code or Ordinances, or any applicable federai, state, or county laws or permits,
9. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or
disposai of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which
would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-
way,
10, Electromagnetic Interference: No use shall be carried out on the property so as to create
electromagnetic radiation, which causes abnormal degradation of performance of any
electromagnetic receptor of quality and proper design as defined, by the principles and standards
adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries
Association, Furthermore, no use shall be carried out on the property so as to cause
electromagnetic radiation, which does not comply with the Federai Communications Commission
Regulations, or which causes objectionable eiectromagnetic interference with normal radio or
television reception in any zoning district.
11. Hazardous Materials and Hazardous Waste: The operator of any use on the property that
uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined
in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with
Section 11.3, Environmental Review Permits of the City Ordinances.
Since the Motorola building was constructed years ago, it is now difficult for staff to monitor the incoming /
outgoing businesses within the subject property without the active involvement and coordination among
Divisions wiithin the Department of Development. It is the opinion of staff that the proposed list of uses
(see Exhibit "0") is consistent with the intent and purpose of the Motorola PID. The list of permitted uses
for the Motoroia PID has been specifically tailored to the subject property due in part, to the site's close
proximity to adjacent commercial centers and residential neighborhoods as well as its developed (nearly
"built-out") characteristic. However, staff determined that four (4) of the proposed uses should not be
allowed given the fact that residentiai uses would be allowed persuant to the latest master plan changes for
the entire Development of Regional Impact (DRI), The following uses would not be compatible with
residential uses, and therefore, should not be allowed in this PID: Stone Cutting and Finishing, Machine
Shops, Seafood and Solvent Distribution Facility (see Exhibit "c" - Conditions of Approval). Staff also
recommends that the floor area restrictions not appiy as currently included within Chapter 2, Section
8.A.1.a,(6). Also, staff recommends that "self-service storage facilities" as shown on the list of permitted
uses in Exibit "0" should be restricted to limited-access facilities only (see proposed note in bold to Exhbit
"D" ).
MDtorola PID Use Approval (USAP 03-001) Staff Report
Memorandum No PZ-03-046
Page 5
RECOMMENDATION
It is the determination by staff that the proposed list of uses (excepting the four aforementioned uses) is
consistent with the intent and purpose of this Planned Industrial Deveiopment. Therefore, staff
recommends that the proposed list of permitted uses for the Motorola PID be approved contingent upon
meeting the conditions listed in Exhibit "C" - Conditions of Approval. Additional comments recommended
by the Board or Commission will be included in Exhbit "C". Aiso, if a future use is proposed but not listed
as a permitted use, then that use could be reviewed again via the Use Approval process, This Use
Approval process ailows for newer, innovative industrial uses to be reviewed on a case by case basis, that
in the past, would have been prohibited due to the traditional stigma of former heavy, dirty industrial uses.
EU
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EXHIBIT "B"
42D
Boynton Beach Code
review shall be in writing and filed with the City Clerk
within five (5) business days following issuance of the
order. No development order shall be final until
expiration of the five (5) day request for review period
if no request for review is made, or the City
Commission's disposition of the matter if a request for
review is made.
8, The City Commission shall conduct a
quasi-judicial review at a public hearing within 30
business days of the filing of the request for review.
Following review, the City Commission shall:
a. Approve the Development Order, or
b. Modify the Development Order, or
c. Deny the Development Order. The
decision of the Commission shall be treated as final at
the conclusion of the voice vote on the agenda item
under consideration, notwithstanding later issuance of
a written order. The minutes of the Commission
meeting shall be conclusive evidence of the action of
the Commission. Review of final action by the
Commission shall be by Writ of Certiorari to the
Circuit Court.
9. Expiration of approved plans. Approved
Master Site Plans as described herein shall remain valid
indefinitely. Approved Technical Site Plans shall
remain valid for a period of two (2) years pursuant to
the terms listed in Chapter 4, Section 5.
(Ord. No. 96-51, ~ 4, 1-21-97; Ord. No. 00-03, ~~ I,
2,3-21-00; Ord. No. 00-52, ~ I, 10-17-00; Ord. No.
02-017, ~ I, 4-16-02; Ord. No. 02-033, ~~ 3, 4,
8-20-02)
Sec. 8. M-l industrial district regulations and use
provisions.
A. M-I INDUSTRIAL DISTRICT.
I. Permitted uses, no distance requirement.
Within any M-I industrial district. no building,
structure, land or water, or any parr thereof shall be
erected, altered or used, in whole or in part, for other
than one or more of the following specified uses;
2002 S-18
provided, however, that any use or process that would
be subject to a minimum distance requirement under
Section 8.A.2., would require an environmental
review permit under Section 8.A.3., would require
conditional use approval under Section 8.A.4., or
would be prohibited under Section 8.A.5. shall fully
comply with the provisions of those sections, where
applicable. No distance requirement other than
district setback regulations shall apply for the
following uses:
a. Manufacturing, fabrication, and
processing as follows:
(I) Bakery products.
(2) Ice and dry ice.
(3) Textile products. apparel, and
clothing accessories, manufactured from purchased
fabric and materials. excluding spinning. weaving,
knitting, dyeing, or treating of textile mill products.
(4) Sailmaking and canvas goods,
including retail sale of goods manufactured on
premises.
,
C
(5) Leather cutting and stamping;
fabricated leather products.
(6) Furniture, cabinets, and wood
fixtures, with gross floor area of shop not greater than
twO thousand (2,000) square feet.
(7) Blind, shutter. shade. and
awning fabrication from wood. plastic. fabric, canvas,
or finished metal pieces.
(8) Converted paper and
paperboard products, limited to cutting, stamping,
folding, laminating, lining, coating, and treating of
purchased paper, paperboard. foil, sheet, or film
materials.
(9) Stone cutting and finishing.
(10) Statuary, ornaments. and art
'~
goods.
(11) Glass and glass products.
(12) Ceramic, pottery, and
porcelain products, using only previously pulverized
clay, and using kilns fired only by electricity or gas,
(13) Investment casting,
(14) Machinery,
appliances, pans, and tools, limited
finished pans and materials.
equipment,
to assembly of
(15) Electrical and electronic
goods, limited to assembly of parts and materials.
(16) Plastics, rubber, or fiberglass
products, limited to cutting and assembly of pans and
materials.
(17) Precision instruments, optical
equipment, photographic equipment, and clockwork
devices.
(18) Medical and dental equipment.
(19) Household goods and other
small items such as jewelry, lapidary goods, personal
articles, toys, amusement devices. sporting goods,
musical instruments; stationary, office, and art
supplies; advertising specialties, novelties, ornaments,
notions, cookware, and flatware.
(20) Fruit packing and shipping.
(21) Artist and craftsman shops,
excluding retail display or sales on premises.
b. Commercial services as follows:
(I) Industrial, commercial, office
and professional equipment; service, repair. and
rebuilding, excluding uses specifically prohibited in
Section 8.A.5.
(2) Household goods; service,
repair, and rebuilding, excluding display or sale of
any new, used, or rebuilt merchandise at retail on
2001 S-J.5
Zoning
EXHIBIT "B"
42E
premises, unless specifically allowed in accordance
with Sections 8.A.I" 8,A,2" 8.A.3., or 8.A.4.
(3) Furniture and antique
upholstery, covering, and repairing.
(4) Steam and pressure cleaning
services.
(5) Septic tank. sewer, and drain
cleaning and repair services, excluding storage,
treatment. transfer. dumping, or disposal of waste on
premises. provided that trucks used for the transport
of waste shall be parked and stored in conformance
with the minimum distance requirement specified in
Section 8.A.2.
(6) Packaging and labeling
services, excluding handling of materials prohibited in
Section 8.A.5.
(7) Lawn. garden. and tree
maintenance services; landscaping contractors.
(8) Recording and motion picture
studios.
(9) Catering and food services.
(10) Data processing services.
(11) Research and development
laboratories.
(12)
Commercial
testing
laboratories.
(13) Medical and dental
laboratories.
(14) Upholstery and carpet steam
cleaning businesses.
(15) Towing companies with
exterior storage.
( 16) Vegetation recycling as a
conditional use to a solid waste operating and
recycling facility.
c. Storage. distribution, and
wholesale uses; retail display and sales shall be
prohibited unless specifically allowed in Sections
8.A.1., 8.A.2.. or 8.A.3.
(1) Warehouses, self service
storage facilities (mini-warehouses) in accordance with
Section 11.0 storagelockers, and cold storage.
excluding uses specifically prohibited in Section
8.A.5.
1996 S-l
Zoning
EXHIBIT "B"
43
(2) Industrial, commercial, office,
professional. and business machinery, equipment,
fixtures. tools, and supplies, excluding uses
specifically prohibited in Section 8.A.5.
(3) Household goods; storage,
wholesale and distribution only; retail display or sales
shall be prohibited unless specifically allowed in
accordance with Sections 8.A.1.. 8.A.2., 8.A.3., or
8.A.4.
(4) Building materials, home
improvement stores, lumber. door and window
hardware, shades, shutters, blinds. and awnings;
fencing, roofmg, flooring, carpeting. tile. hardware,
tools, paint, wallpaper, shelving, cabinets, furniture,
partitions, kitchen and bathroom fixtures, pools and
spas, glass and mirrors, plumbing and electrical
supplies, and the like. including retail sales.
(5) Finished concrete, brick, clay,
and stone building and paving materials; sewer and
water pipe, and culvert; storage, distribution.
wholesale or retail sales.
(6) Pumps, generators. motors,
fire protection equipment, and irrigation equipment.
including retail sales.
(7) Heating, cooling, ventilating,
refrigeration, solar energy, water conditioning and
heating systems and equipment, and major appliances,
including retail sales.
(8) Pre-fabricated sheds, including
retail sale.
(9) Nurseries, greenhouses, lawn
and garden equipment, tools, and supplies, including
retail sale.
(10) Monuments and gravestones,
including retail sales.
(11) Feed and farm supplies,
excluding uses specifically prohibited in Section
8.A.5.
equipment.
(12)
construction
Trucks, buses, farm
machinery, and utility
44
Boynton Beach Code
EXHIBIT "B"
trailers, including retail renting and sales.
(13) Passenger vehicles. boats and
pickup trucks, excluding any retail sales or display,
and excluding the keeping of vehicles in violation of
Chapter 10, Article III of the City of Boynton Beach
Code of Ordinances.
(14) Automobile, vehicle, and boat
pans, accessories, furnishings, and supplies; retail
sales or display shall be prohibited as a principal use
and shall be permitted only as an ac-<:essory use to
repair, service, rebuilding, or instal-Iation services,
where such services lawfully exist.
(15) Mobile homes, limited to
areas west of Interstate 95.
(16) Ice and dry ice, including
retail sales.
(17) Live fish.
d. Transportation. communication,
utilities, and miscellaneous uses as follows:
(I) Utilities, communications
facilities, government. and public utilities shops and
storage areas. police and fire stations. excluding uses
specifically prohibited in Section 8.A.5.
(2) Package
messenger service.
express
and
(3) Railroad switching yards,
freight stations and terminals, storage facilities. and
shops.
(4) Recycling pick-up facilities for
paper, glass, and cans from households.
(5) Trade and industrial schools.
(6) Radio or microwave receivers
or transmitting towers, as an accessory use to a lawful
principal use.
(7) Ambulance dispatch service.
(8) Community centers. operated
by non-profit organizations, provided that no more
than 40 % of the floor space is devoted to office use.
(Ord. No. 96-03, ~ 1,3-19-96)
2000 S-14
e. Any commercial use which is nor
specifically listed as a permitted or conditional use in
any other zoning district. and which is not listed as a
prohibited use in the M -I Zoning District.
;
2. Permitted uses subject to distance
requirement. Within any M-I industrial district, no
building, strucrure. land, or water, or any part thereof
shall be erected. altered. or used. in whole or in part
for any of the following uses. unless a minimum
distance of three hundred (300) feet is maintained
between the use and residential-zoned property. Said
distance shall be measured along a straight airline
route from the property line of residential-zoned
property to the building or portion of the lot where the
specified use is located, except that those portions of
the lot or strucrure which are located within the
minimum distance may be used for lawful uses other
than the uses listed below, subject to district building
and site regulations.
Any use or process that would require
an environmental review permit under Section 8.A.3.,
would require conditional use approval under Section
8.A.4., or would be prohibited under Section 8.A.5.
shall fully comply with the provisions of those
sections, where applicable.
'. .....,-
a. Manufacturing. fabrication, and
processing as follows:
(I) Plastic products. limited to
forming of plastics materials, including compounding
of resins. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(2) Rubber products, limited to
forming of rubber materials; excluding tire and
innertube manufacturing and rubber reclaiming.
Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
(3) Machine shops, welding and
metalworking shops. tinsmiths, sheet metal fabrication,
blacksmith shops; machining, stamping, cutting,
joining, forging, drawing. bending, or other forming
of metals as either a principal or accessory use.
Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
\',,-
Zoning
EXHIBIT "B"
44A
b. Other uses as follows:
(1) Asphalt paving, patching,
roofing, and sealcoating, excluding asphalt and tar
plants .
2000 5-14
(2) Building cleaning and
janitorial services; swimming pool maintenance
services. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(3) Sandblasting on premises,
(4) Bulk storage, distribution,
wholesale or retail sale of topsoil. lime. gravel.
limerock. shellrock. coal. minerals. crushed rock,
sand, cinders. fenilizer, and the like. limited to an
accessory use to a building materials store. garden
shop, nursery, contractor. or other lawful principal
use.
(5) Trucking and transfer. and
moving operations.
(6) Contractors. operative
builders. and trade contractors shops and storage
areas. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(7) Parking or storage of trucks
used for the transpon of septic tank waste or other
liquid wastes.
(8) Adult entertainment
establishments, in accordance with Section 11.M.
3. Uses requiring environmental review
permit. Within an M-l industrial district, no building.
structure, land, or water. or any pan thereof shall be
erected. altered. or used, in whole or in pan. for any
of the following specified uses, unless an
environmental review permit is secured in accordance
with the standards and procedures set fonh in Section
11.3; provided, however. that any use or process that
would be subject to a minimum distance requirement
under Section 8.A.2.. would require conditional use
approval under Section 8.A.4.. or would be
prohibited under Section 8.A.5. shall fully comply
with the provisions of those sections, where
applicable.
a. Manufacturing, fabrication, and
processing as follows:
EXHIBIT "B"
Zoning
45
(1) Dairy products.
(2) Canned. frozen. or preserved
food.
(3) Beverages and bottling.
(4) Confections.
(5) Prepared meat. seafood, and
poultry products.
(6) All other food products, not
specifically permitted in Section 8.A.\. or prohibited
in Section 8.A.5.
(7) Furniture. cabinets, and wood
fixtures, with gross floor area of shop of greater than
two thousand (2.000) square feet.
(8) Printing, publishing,
bookbinding, engraving. and allied industries.
(9) Pharmaceuticals and biological
products.
(10) Cosmetics.
(11) Plastics products. limited to
forming of plastics materials, including compounding
of resins, where such uses would be established
within the minimum distance requirement specified in
Section 8.A.2.
(12) Rubber products. limited to
forming of rubber materials, and excluding tire and
innenube manufacturing and rubber reclaiming,
where such uses would be established within the
minimum distance requirement specified in Section
8.A.2.
(13) Fiberglass fabrication and
repair, including fiberglass boat fabrication and
repair.
(14) Machine shops. welding and
metalworking shops, tinsmith. sheet metal fabrication,
and blacksmith shops; machining, stamping. cutting.
joining. forging. drawing. bending, or other forming
of metals as either a principal or accessory use. where
EXHIBIT "B"
46
Boynton Beach Code
such uses would be established within the minimum
distance requirement specified in Section 8.A.2.
(15) Electrical and electronic
goods involving processes other than assembly of
parts or materials.
(16)
equipment. and boats;
machinery .
Vehicles, transponation
farm and construction
(17) Mobile homes, provided that
such uses shall be located west of Interstate 95,
(18) Plated ware manufacture;
industrial electroplating and anodizing as either a
principal or accessory use; replating shops.
(19) Chemical cleaning and
etching of metals. limited to an accessory use to a
lawful principal use only.
b. Commercial services and
contractors, as follows:
(1) Concrete contractors and
pumping service, excluding concrete plants.
(2) Contractors, operative
builders, and trade contractors shops and storage
areas, where such uses would be established within
the minimum distance requirement specified in
Section 8.A.2.
(3) Automobiles, buses. trucks,
and other motor vehicles; construction and farm
equipment; service. repair, rebuilding. and storage,
excluding the keeping of vehicles in violation of
Chapter 9. Article III, of the City of Boynton Beach
Code of Ordinances. and excluding automobile
service stations selling motor fuels at retail.
(4) Boat storage, service. repair,
rebuilding, and customizing.
(5) Furniture cleaning. stripping.
and refinishing.
(6) Exterminating, fumigating,
and disinfecting services.
(7) Print shops, photographic
laboratories. commercial photography; commercial
art. silkscreening. lithography, typesetting, and
blueprinting services.
~.
t'
(8) Uniform, towel. and linen
supply services; industrial launderers; laundry and
dry-cleaning plants, excluding retail pickup and
drop-off on premises; carpet and rug cleaning plants.
(9) Tire recapping.
(10) Building cleaning and
janitorial services and swimming pool maintenance
services. where such uses would be located within the
minimum distance requirement specified in Section
8,A.2.
c. Storage, distribution, wholesale.
and other uses, retail display and sales shall be
prohibited unless specifically permitted below or
elsewhere in this section.
(1) Petroleum and petroleum
products. including solvents and liquified petroleum
gas; bulk or nonbulk storage. sales, or distribution.
-.-.-/
(2) Chemicals. pesticides, and
herbicides. excluding bulk storage. bulk sales, or bulk
distribution.
(3) Bulk or nonbulk wholesale or
retail sale of solvents and cleaning preparations,
including formulating of cleaning preparations for sale
on premises.
(4) Industrial and medical gases;
bottled or bulk storage. sales or distribution,
excluding chlorine. fluorine. ammonia. hydrogen
sulphide, sulphur dioxide. or toxic gases.
(5) Temporary amusement parks
and rides. fairs. carnivals. circuses. and revivals,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
arterial road and the major access thereto, and that
the duration of any such use shall not exceed fourteen
(14) consecutive days within anyone-year period.
~
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d. Miscellaneous uses. as follows:
(1) Any use which uses, handles,
stores, or displays hazardous materials, or which
generates hazardous waste, as defined by 40 Code of
Federal Regulations, Pan 261.
4. Conditional uses. Within any M-I
industrial district, no building, strocture, land or
water, or any pan thereof shall be erected, altered, or
used. in whole or pan, for one or more of the
following uses. unless a conditional use approval is
secured according to the standards and procedures set
fonh in Section 11.2 of these zoning regulations;
provided, however, that any use or process that
would be subject to a minimum distance requirement
under Section 8.A.2., would require an
environmental review pennit under Section 8.A.3.,
or would be prohibited under Section 8.A.5., shall
fully comply with the provisions of those sections,
where applicable.
a. Millwork and tross plants,
provided that such uses conform to the minimum
distance requirement specified in Section 8.A.2.
b. Conunercial television, radio and
microwave broadcasting or relay towers.
c. Arenas, stadiums. frontons,
convention and exhibition halls, and racetracks,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
anerial road, and shall have the major access thereto.
d. Helistops, limited to an accessory
use to a lawful principal use.
e. Cutting of sub-primal ponions of
meat and pre-cut poultry into serving ponions
including packaging and shipping where pre-cut
ponions (entering the facility) will not exceed 10
pounds and waste generated will not exceed I % of
pre-cut product.
5. Prohibited uses. Within any M-I
industrial district, no building strocture, land, or
water, or any pan thereof shall be erected, altered, or
used, in whole or in pan, for any use not specifically
allowed in accordance with Sections 8.A. I., 8.A.2"
8.A.3., or 8.A.4. of these zoning regulations, or for
any of the following expressly prohibited uses:
2000 S-12
Zoning
EXHIBIT "B"
47
a. Manufacturing, fabrication,
processing, and extraction as follows:
(I) Grain and feed products: crop
processing.
(2) Vegetable fats and oils.
(3) Distilling and brewing.
(4) Seafood processing.
(5) Slaughtering and rendering of
meat and poultry processing, and dressing. from
carcasses.
(6) Stockyards and feeding pens;
keeping. raising, or slaughter of livestock, horses, or
poultry .
(7) Rendering of animal or
marine fats, oils, and other products; use of
unprocessed bones, fat, hooves, horns, or other
unprocessed animal products for the production of
glue, soap, lard, oils, or fenilizer.
(B) Sugar processing and refining.
(9) Conunercial production of
field or tree crops.
(10) Leather tanning, curing,
finishing, and coloring; storage of raw hides or skins.
(11) Tobacco processing and
tobacco products manufacturing.
(12) Weaving, spinning, knitting,
dyeing, or treating of textile mill products.
(13) Pulp mills: paper and
paperboard mills; convened paper and paperboard
products not specifically permitted in Section
8.A.I.a.(8) of these zoning regulations.
(14) Chemicals and allied products
not specifically allowed elsewhere in this section.
(15) Wood preserving, pressure
treating, and drying.
EXHIBIT "B"
48
Boynton Beach Code
(16) Fertilizer. pesticides,
herbicides. and agricultural chemicals.
(17) Explosives, ammunition,
matches, and fireworks.
(18) Petroleum refining.
(19) Petroleum, asphalt, tar, and
coal products.
(20) Plastics. manufacturing of
resins, primary plastics materials, synthetic rubber,
cellulose, and synthetic fibers.
(21) Rubber, manufacture of
primary rubber materials, tires and innertubes, and
rubber reclaiming.
(22) Soaps, detergents, and
cleaning preparations. other than mixing or blending.
(23) Paints, varnishes, lacquers,
enamels, and allied products, other than mixing or
blending,
(24) Cement. concrete, gypsum,
lime, and plaster manufacture, and products made
therefrom, other than those uses specifically
permitted in Section 8.A.!.a.
(25) Brick, firebrick, terra cotta,
clay pipe, structural clay tile, and refractories.
(26) Asbestos products.
(27) Processing of rock, sand.
gravel, shellrock, limerock, mineral earths, and the
like.
(28) Primary metals
manufacturing; smelting, refining, mills, furnaces,
and foundries, except as specifically allowed in
accordance with Sections 8.A.!., 8.A.2., or 8.A.3.
(29) Drop forging.
(30) Chemical cleaning or etching
of metals as a principal use, or any chemical
descaling of metals.
2000 S-12
(31) Coal or coke fired kilns and
furnaces; coke ovens.
~r--
(32) Mining or quarrying,
including removal of rock, sand, muck, marl, soil,
gravel, or shellrock, except as incidental or necessary
for construction on the premises.
(33) Aerosol filling and packaging.
(34) Liquid, oil, or chemical
electric transformers, manufacture or rebuilding.
b. Storage, distribution, wholesale,
retail, and services, as follows:
(I) Any retail display or sale, not
specifically allowed elsewhere in this section.
(2) Fanners' markets.
(3) Flea markets, sales bazaars,
swap shops, trading posts, and the like; sale or
display of used retail merchandise, other than
completely rebuilt or refinished merchandise where
such uses would be allowed in accordance with
Section 8.A.!.
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(4) Crematoriums and the like.
(5) Explosives, ammunition,
matches, and fireworks.
(6) Bulk storage, bulk
distribution. or bulk sale of chemicals and allied
products.
(7) Compressed chlorine,
fluorine, ammonia, hydrogen sulphide, sulfur dioxide,
or toxic gases.
(8) Bulk storage. bulk sale, or
bulk distribution of pesticides, herbicides, or
agricultural chemicals.
(9) Offices or restaurants, except
as an accessory use to a lawful principal use.
i
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(10) Agricultural fertilizing, and
chemical pest, disease, weed, or soil treatment
services.
(11) Truck stops or automobile
service stations.
(12) Boarding kennels; guard dog
kennels and training services.
(13) Any open storage or display,
unless adequately screened, except that growing plants
which are stored or displayed shall not require
screening. Any exterior storage of motor vehicles or
boats in a wrecked condition shall be permitted only in
connection with a lawful principal use allowed
elsewhere in this section, and shall be adequately
screened. Furthermore. the open storage of farm
tractors and implements, shovels or cranes, and special
mobile equipment as defined by Section 316.003,
Florida StaNtes shall be adequately screened.
c. Transportation, communication,
utilities, and miscellaneous uses as follows:
(1) Chemical and toxic waste
storage or disposal; tank truck cleaning.
(2) Land fill operations.
(3) Airports, airfields. and landing
strips.
(4) Heliports.
(5) Residences and trailer parks;
use of vehicles or house trailers as living quarters.
(6) Storage. sale, salvage. transfer,
or disposal of junk, scrap, garbage, offal. refuse, or
other waste materials, except as specifically allowed
elsewhere in this section.
(7) Recycling sorting or processing
facilities.
(8) Animal disposal facilities,
(9) Incinerators of any eype.
2002 S-I8 Repl.
EXHIBIT "B"
Zoning
49
6. Building and site regulations:
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum side yard
(interior)
Minimum side yard
(corner)
Minimum rear yard
Maximum lot coverage
Maximum height
10,000 square feet
None
15 feet*
15 feet one side
15 feet street side
20 feet**
60 percent
45 feet. not to
exceed 4 stories
*Except where rear of the lot abuts a paved alley or
street, then no side setback shall be required.
**Where rear yard abuts a railroad right-of-way or
any paved alley, the rear yard may be reduced to ten
(10) feet.
Note: Where lots abut a residential area, the
corresponding side and/or rear setback shall be a
minimum of thirty (30) feet.
All necessary roof-mounted mechanical
equipment shall be sound baffled.
7. Off-street parking. As provided in
Section ll. H. hereinafter.
(Ord. No. 95-23, ~ 1,8-15-95; Ord. No. 95-24, ~ 4,
8-15-95; Ord. No. 96-03, ~ 1. 3-19-96; Ord. No.
00-04, ~~ 1,2.4-4-00; Ord. No. 00-34, ~ 1,7-18-00;
Ord. No. 01-57, ~ 2, 11-20-01)
Sec. 8.5.
Overlay zones.
A. MARTIN LUTHER KING BOULEVARD
OVERLA Y ZONE.
1. General. With the completion of the
Vision 20/20 Redevelopment Plan, the City identified
a segment of the Martin Luther King Boulevard as an
area in need of redevelopment and revitalization. This
section is created to implement the development and
design recommendations in the Redevelopment Plan
intended to create a traditional street corridor with
EXHIBIT "e"
Conditions of Approval
Project name: Motorola PID
File number: USAP 03-001
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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
1. Staff recommends that the uses in Exhibit "0" - Motorola Planned Industrial X
Development (PID) Permitted Uses that are identified with an asterisk be
subject to the Environmental Review Permit process. Staff will have the
discretion to waive the Environmental Review Permit nrocess.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Staff recommends that the following uses be eliminated from the list of X
permitted uses: Stone Cutting and Finishing, Machine Shops, Seafood and /
or Solvent Distribution Facility.
3. Staffrecommends that floor area restrictions should not apply to X
manufacturing uses dealing with furniture, cabinets, and / or wood fixtures
(Chapter 2. Section 8.A.1.a.(6)).
4. Staff recommends restricting self-service storage facilities to limited-access X
only.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
5. All uses shall be permitted uses in accordance with Exhibit "D", excluding X
the following uses found in Chapter 2, Section 8.A.1.b. of the Land
Development Regulations:
(5) Septic tank. sewer, and drain cleaning and repair services, excluding
storage. treatment, transfer, dumping, or disposal of waste on premises,
provided that trucks used for the transport of waste shall be parked and stored
in conformance with the minimum distance requirement specified in Section
8.A.2; and
(7) Lawn, garden, and tree maintenance services; landscaping contractors;
and
(15) Towing companies with exterior storage; and
(16) Vegetation recycling as a conditional use to a solid waste operating and
recycling facility.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
6. To be determined.
S:\Planning\Shared\Wp\Projects\Motorola DRr\USAP 03-001 \COA.doc
Exhibit "0"
Proposed Motorola Planned Industrial Development (PID) Permitted Uses
A. COMMERCIAL / PERSONAL SERVICES pursuant to Chapter 2, Section 8.A.1.b.
B. MANUFACTURING, including compounding, assembly, repair or treatment of
articles or merchandise, pursuant to Chapter 2, Section 8.A.1.a. (Osee note below)
ONo limitation on maximum floor area for Chapter 2, Section 8.A.1.a.(6)
C. WAREHOUSE, DISTRIBUTION, WHOLESALE (.see note below), SHOWROOM
Any manufacturing category listed above, or any use listed in Chapter 2, Sections
8.A.1.c (2), (3), (4), (6), (7), (14) and (16) of the "M-1 Industrial District" Zoning
Regulations, and including, but not limited to the following:
Window treatment manufacturing and showroom:
Fabrication of canvas and vinyl coverings:
Textile manufacturing and distribution:
Stone cutting and finishing" - Not recommended
Glass and mirror manufacturing and distribution:
Alarm system manufacturer and installers:
Pest control services dispatch and storage:
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial plants/flowers wholesale & distribution
Self service storage facilitiesCl
.Retail sales are allowed for these qoods provided that less than 50% of
the qoods sold on the premises are sold at retail.
.Restricted to limited-access self-service storaqe facilities.
D. OPERATIONS CENTER, requiring a mix of moderate warehouse and increased
office use
Satellite operations management offices for any light industrial use allowed in
Section 8 of the "M-Ilndustrial District" Zoning Regulations
Bank operations center
Insurance company records storage
Government operations facility
Radio/television studio
Motion picture and/or music studios
Nursing registries
Non-profit trade organization research and record storage facilities
Offices for contractors
E. OFFICES
Professional and business offices
F. OTHER
Machine shops - Not recommended
Limousine storage and dispatch
Auto storage and distribution (inside only - no repairs):
Research and Development laboratories
G. MANUFACTURING', including compounding, assembiy, repair or treatment of
articles or merchandise, pursuant to Section 8.A.3.a.
H. WAREHOUSE, DISTRIBUTION, WHOLESALE, SHOWROOM'
Seafood - Not recommended
Solvent Distribution Facility - Not recommended
Principal uses for any of the manufacturing categories listed immediately above
Retail sales are allowed for these goods provided that less than 50% of the
goods sold on the premises are sold at retail.
'Mav Reauire Environmental Review
S:\Plannlng\Shared\Wp\Project5\Motorola DRI\USAP 03-001\Exhlbit 0 Ust of Uses.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests, Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form, Submit
original agenda request (with back up) and one CODY of aQenda request (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below, Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Requested City
Commission Meeting
Dates
December 3 2002
December 17 2002
Janua 7 2003
DJanua 21 2003
DFebrua 4 2003
Februa 18, 2003
DMarch 4, 2003
March 18, 2003
-P&D
CRA
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached
All exhibits are attached & marked e, "Exhibit "A' ~
""- v 12--
\
Department Head's initials:
Motorola PID (USAP 03-001)
Please do not write in the shaded area below,
Legal Department signature D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
City Manager's signature
D
on
(Date)
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\Planning\Planning TemplateslAgenda Item Cover CHECKLIST form Oec 3-March 18, 2003.doc