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REVIEW COMMENTS I ! Motorola Planned Industrial Development Permitted Uses The following are permitted uses at the Motorola Planned Industrial Development: COMMERCIAL / PERSONAL SERVICES pursuant to Section 8.A.1.b. MANUFACTURING, including compounding, assembly, repair or treatment of articles or merchandise. pursuant to Section 8.A.I.a WAREHOUSE, DISTRIBUTION, WHOLESALE, SHOWROOM Any manufacturing category listed above. or any use listed in Sections 8.A.1.c(2),(3),(4).(6).(7).(14) AND (16) OF THE "M-I 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 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 facilities Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. INDUSTRIAL Machine shops Limousine storage and dispatch Auto storage and distribution (inside only - no repairs) Research and Development laboratories 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-I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Page I of 2 006,275895.1 Motion picture and/or music studios Nursing registries Non-profit trade organization research and record storage facilities Offices for contractors OFFICES Professional and business offices Uses Reouirinl! Environmental Review MANUFACTURING. including compounding, assembly, repair or treatment of articles or merchandise, pursuant to Section 8.A.3.a WAREHOUSE. DISTRIBUTION, WHOLESALE. SHOWROOM 1. Seafood 2. Solvent Distribution Facility 3. Principal uses for any of the manufacturing categories listed immediately above 4. Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. Page 2 of 2 006.275895.1 1500 i--eJ off Murv'Ko1ft L~e- Motorola Planned Industrial Development Permitted Uses The following are permitted uses at the Motorola Planned Industrial Development: COMMERCIAL / PERSONAL SERVICES pursuant to Section 8.A.1.b. MANUFACTURING, including compounding, assembly. repair or treatment of articles or merchandise. pursuant to Section 8.A.l.a WAREHOUSE, DISTRIBUTION, WHOLESALf SHOWROOM Any manufacturing category listed above, or any use listed in Sections 8.A.1.c(2),(3).(4),(6).(7),(14) AND (16) OF THE "M-l Industrial District" Zoning Regulations, and including. but not limited to the following: /4..~\... / IWindow treatment ~u~~turing and showroom v . Fabrication of canvas an vinyl coverings V ~. r~ { Textile m ut: . and distribution ;./ / Stone cuttin and fInishing Glass and mirror manufacturing and distribution ,./ ( Alarm system manufacturer and installers v tz,l'-' - Pest control se~ch and storage ~ Tile and Carpet wholesale v Furniture wholesale and distribution ArtifIcial plants/flowers wholesale & distribution Self service storage facilities crt> Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. INDUSTRIAL ~hine sho~ .x Limousine storage and dispatch ./ {.L- - Auto storage and distribution (inside only - no repairs) Research and Development laboratories 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-I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Page 1 of 2 )06.275895.1 Motion picture and/or music studios Nursing registries Non-profit trade organization research and record storage facilities Offices for contractors OFFICES Professional and business offices Uses Reauirinl! Environmental Review MANUFACTURING. including compounding, assembly. repair or treatment of articles or merchandise. pursuant to Section 8.A.3.a WAREHOUSE, DISTRIBUTION. WHOLESALE. SHOWROOM ./' 1. 00 . Solvent Distribution Facilit () <3. rincipa uses or any of the manufacturing categories listed immediately L-- above 4. Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. Page 2 of2 006.275895.1 fflOl tX2-O~ ft -=r=:.sl~t.--,-' ,.., ,- I '. \"SUR.VtVt.>~{' " 1){Gl Motorola Planned Industrial Development Permitted Uses The following are permitted uses at the Motorola Planned Industrial Development: COMMERCIAL / PERSONAL SERVICES pursuant to Section 8.A.l.b. MANUFACTURING, including compounding. assembly, repair or treatment of articles or merchandise, pursuant to Section 8.A.1.a WAREHOUSE. DISTRIBUTION. WHOLESALf SHOWROOM Any manufacturing category listed above, or any use listed in Sections 8.A.l.c(2),(3),(4),(6),(7).(14) AND (16) OF THE "M-I Industrial District" Zoning Regulations. and including. but not limited to the following: / 4,.,- , rWindow treatment manufa;:turing and showroom I Fabrication of canvas and vinyl coverings ~ I~ ) Textile ~and distribution ,/ ~ Stone cutting and fInishin~ i Glass and mirror manufacturing and distribution Alarm system manufacturer and installers tz,l'-- - Pest control se~h and storage - Tile and Carpet wholesale Furniture wholesale and distribution ArtifIcial plants/flowers wholesale & distribution Self service storage faciIitie;{ (6tfaf!. ~ '. ~ ~ ~ Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. INDUSTRIAL Machine shops X Limousine storage and dispatch {.l- - Auto storage and distribution (inside only - no repairs) Research and Development laboratories 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-I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Page 1 of2 )6,275895,1 Motion picture and/or music studios Nursing registries Non-profit trade organization research and record storage facilities Offices for contractors (liO ~~) OFFICES Professional and business offices Uses Reauirinl! Environmental Review MANUFACTURING. including compounding. assembly. repair or treatment of articles or merchandise, pursuant to Section 8.A.3.a WAREHOUSE. DISTRIBUTION, WHOLESALE, SHOWROOM 1. Seafood X. 2. Solvent Distribution Facility (< ;) \3. Principal uses for any of the manufacturing categories listed immediately , L- above 4. Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. Page 2 of2 006.275895.1 1'\1191 U'f.2,O u\- l's l klt [) ....'SV\.R-'\il\)bf- /I ~'" 'S VOlL = Motorola Planned Industrial Development Permitted Uses The following are permitted uses at the Motorola Planned Industrial Development: COMMERCIAL / PERSONAL SERVICES pursuant to Section 8.A.I.b. MANUFACTURlNG, including compounding, assembly, repair or treatment of articles or merchandise. pursuant to Section 8.A.1.a {VO WAREHOUSE, DISTRlBUTION. WHOLESAL?SHO OM Any manufacturing category listed ab~_ use listed in Sections 8.A.I.c(2),(3),(4),(6),(7).(14) AND ~~ THE "M-I Industrial District" Zoning Regulations, and including, but not limited to the following: " ",.t.. , rWindow treatment manuf~turing, and showroom I Fabrication of canvas and vinyl coverings i[ ~ Text' e m ut . and distribution / tone cutting an In!' !I/O i Glass and mrrror manufacturing and distribution l Alarm system m~d installers tz,1'- - Pest control se~h and storage - Tile and Carpet wholesale Furniture wholesale and distribution Artificial plants/flowers wholesale & distribution Self service storage facilities ~ Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. INDUSTRI,. -achine shops - NO e storage and dispatch..,__.._. {it.- ."cA.uto storage and dIstrIbutIOn (inside only - no repairs) __ii's---.., Research and Development laboratories 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-I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Page I of 2 J6,275895,l Motion picture and/or music studios Nursing registries Non-profit trade organization research and record storage facilities Offices for contractors OFFICES Professional and business offices Uses Reauirinl! Environmental Review MANUFACTURING, including compounding. assembly, repair or treatment of articles or merchandise, pursuant to Section 8.A.3.a W AREHOUSE>nIST~-lJJ:IOll:!, -YLH?LESALE. SHOWROOM , Ci. Seafoo,9 f-.1! O_~ ~ 2. Solvent Distribution Facility II <3. Principal uses for any of the manufacturing categories listed immediately , L-- above 4. Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. Page 2 of2 006.275895.1 f." ~liZ-Dut- (" .:f=s::.llt-l,1D ',\ SL-{('VIv'D,(. " .. r .j 00J.. Motorola Planned Industrial Develonment Permitted Uses The following are permitted uses at the Motorola Planned Industrial Development: COMMERCIAL / PERSONAL SERVICES pursuant to Section 8,A.1.b. MANUFACTURING. including compounding, assembly, repair or treatment of articles or merchandise. pursuant to Section 8.A.1.a WAREHOUSE. DISTRIBUTION, WHOLESALfsHOWROOM ~IC Any manufacturing category listed above, or any use listed in Sections -r \ , I.. k.l' U-o /J 8.A.1.c(2).(3),(4).(6).(7),(14) AND (16) OF THE "M-I Industrial District" ,tI.L- w.~ '~ Zoning Regulations, and including. but not limited to the following: o~ oo-u,..-t'k.. ,/ 4.."" -J,.u....1..... , [Window treatme manufacturin nd showroom V- ......,. ,Fabrication!of canv . overings C[ ~ Textil . uf d distribution / e cuttm ,/ ass and mirror manu ac ring and di~ibdfion Alarm system manufacmrer and instat1'ers 1,1'- - Pest control serviCes dlspat~d storagr-- Tile and Carpet wholesale p/." Furniture wholesale and distribution .'/ Artificial plants/flowers wholesjloie & dfstribution Self service storage facilities V ~ ~~~~~ \!:Y Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. I it t w'. K -Hu.. ol1.L. br- <.Q..v~ ',t- ~ .<'~r tt.. +~ ivo.J- fVlre- J;ffu.-~ ~ /,u,.. ""'-, c-.... > "'55 e.tf ~ ~ ~'1+. 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 J-~ of the "M-I Industrial Di~ictj Zoning Regulations Bank operations centerv' r/ / Insurance company records s~age Government operations fa<;ility Radioltelevision studio V .. d~+-j" l.A;,,~ /'k.Jl d~ "Y'9&'~t.'.t".:~ 7- ~lA'~ ..j..l....;", K i+- wovl"( 1 \,Jl~ +0 /lIofP""'~ +-~. +l...J ~~- f; d.u..- n, INDUSTRIA '2 - ac"me sops /' . rage and dispatch y. {iL- - Auto storage and distribution (inside only - no repairs) Research and Development laboratorie~ Page I of 2 J6.275895.1 Motion picture andljlr music stu~s Nursing registriesII' / Non-profit trade organization research and record storage facilities Offices for contractorsV' C,.. ~"f -sf'~""d') OFFICES / Professional and business offic,rs- Uses Reauirinl! Environmental Review MANUFACTURING. including compounding, assembly, repa~ treatment of articles or merchandise. pursuant to Section 8.A.3.a WAREHOUSE, DISTRIBUTION, WHOLESALE. SHOWROOM 1. Seafood ,/ 2. Solvent Distribution Facility ./ j /l <(3. Principal uses for any of the manufacturing categories lrsted ~ediately , L-- above /' 4. Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. Page 2 of2 006.275895.1 Motion picture and/or music studios Nursing registries Non-profit trade organization research and record storage facilities Offices for contractors OFFICES Professional and business offices Uses Reauirinl!: Environmental Review MANUFACTURiNG, including compounding, assembly, repair or treatment of articles or merchandise, pursuant to Section 8.A.3.a WAREHOUSE. DISTRiBUTION. WHOLESALE. SHOWROOM 1. Seafood X 2. Solvent Distribution Facility /l <3. Principal uses for any of the manufacturing categories listed immediately , I..- above 4. Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. Page 2 of2 006.275895.1 !~ 1 Motorola Planned Industrial Develooment Permitted Uses The following are permitted uses at the Motorola Planned Industrial Development: COMMERCIAL / PERSONAL SERVICES pursuant to Section 8.A.1.b. MANUFACTURING, including compounding, assembly, repair or treatment of articles or merchandise. pursuant to Section 8.A.1.a WAREHOUSE, DISTRIBUTION. WHOLESALtSHOWROOM Any manufacturing category listed above. or any use listed in Sections 8.A.1.c(2),(3),(4).(6),(7).(14) AND (16) OF THE "M-I Industrial District" Zoning Regulations. and including, but not limited to the following: /4-{v \;"indOW treatment manu~turing, and showroom I Fabrication of canvas an vinyl coverings CZ ~ ) Textile ~ and d,istribution ,/ ~ Stone cutting and finishing )( i Glass and mirror manufacturing and distribution )( ( Alarm system m~d installers t:z,l'-- - Pest control servICes dispatch and storage ,l(-- Tile and Carpet wholesale Furniture wholesale and distribution Artificial plants/flowers wholesale & distribution Self service storage facilities ~ Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. INDUSTRIAL Machine shops X Limousine storage and dispatch X {il- - Auto storage and distribution (inside only - no repairs) )< Research and Development laboratories 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-I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Page I of 2 ~6,275895.1 "f j)to~ouT ~,e;.( hDl)i.' '1"'~,(,VIV01/..-;' tVl A- y Motorola Planned Industrial Development Permitted Uses The following are permitted uses at the Motorola Planned Industrial Development: COMMERCIAL / PERSONAL SERVICES pursuant to Section 8.A.1.b. MANUFACTURING. including compounding, assembly. repair or treatment of articles or merchandise. pursuant to Section 8.A.1.a WAREHOUSE, DISTRIBUTION, WHOLESALt SHOWROOM Any manufacturing category listed above, or any use listed in Sections 8.A.1.c(2),(3),(4),(6),(7).(14) AND (16) OF THE "M-I Industrial District" Zoning Regulations. and including. but not limited to the following: /lo'" -f\l'iRit6n lrBlltlHBRt =R1fill.& llooall6.I,vvm \ Fabrication of canvas an vinyl coverings ~ /y~Textile ~r_~ ~d distribution . / -leR8 81:1KIRg tmtI-fiIrislulll; 1-. I ~, ~ W'I'tJ. 6t ~!;:;t , Glass and mirror manufacturing and distribution ( Alarm system m~d installers tz,l'-- - Pest control se~h and storage - Tile and Carpet wholesale Furniture wholesale and distribution Artificial plants/flowers wholesale & distribution Self service storage facilities )I~ , .I..-..... 1iA. _r trIP ~ r---. ~~ t'.~~ ~ Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. INDUSTRIAL Machine shops Limousine storage and dispatch {iL- - Auto storage and distribution (inside only - no repairs) Research and Development laboratories 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 - I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Page I of 2 J6.275895.1 Motion picture and/or music studios Nursing registries Non-profit trade organization research and record storage facilities Offices for contractors OFFICES Professional and business offices , Uses Reauirinl! Environmental Review MANUFACTURING. including compounding. assembly, repair or treatment of articles or merchandise. pursuant to Section 8.A.3.a WAREHOUSE. DISTRIBUTION, WHOLESALE. SHOWROOM 1. Seafood -2. S81,,~uL IJ~!t't~bul~Vll faeilit) n <(3. Principal uses for any of the manufacturing categories listed immediately , t-- above 4. Retail sales are allowed for these goods provided that less than 50 % of the goods sold on the premises are sold at retail. Page 2 of 2 006.275895.1 7.A.l MOTOROLA PID (USAP 03-001) USE APPROVAL 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 (1) / 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 (1) 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 (PID) 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 (PID); and West: Congress Avenue right-of-way and farther west is developed 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 (PID) (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 PID Permitted Uses). A list of approved uses was not necessary when the property was originally rezoned to PID. The Motorola Coroporation was the sole occupant of the property, The approval of permitted uses is required for all Planned Industrial Developments, Similar to the Quantum Park PID and High Ridge Commerce Center PID, the original approved master plan for the Motorola PID 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 PID, In contrast, the Boynton Beach Commerce Center PID included a list of permitted uses as part of the initial master plan approval, The impetus of this request (in the Motorola PID) is based upon the recently approved changes made to the Motorola PID 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 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 l1.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, Inc, of Orlando), The new owners, as part of a plan to maximize use of the property, amended the DRI 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 commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. No changes were made regarding the DRI 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 DRIjMaster 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; 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, 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 S,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 materials 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 federal, 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 disposal 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 Federal Communications Commission Regulations, or which causes objectionable electromagnetic 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 "D") is consistent with the intent and purpose of the Motorola PID, The list of permitted uses for the Motorola 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 residential 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 apply 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 "D" should be restricted to limited-access facilities only (see proposed note in bold to Exhbit "D" ). Motorola 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 Development. Therefore, staff recommends that the proposed list of permitted uses for the Motorola PlD be approved contingent upon meeting the conditions listed in Exhibit "C" - Conditions of Approval. Additional comments recommended by the Board Dr Commission will be included in Exhbit "C", Also, 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 allows 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 Attachments S:\Plannlng\Shared\Wp\Projects\Motorola DRI\USAP 03-QQ1\Staff Report.rtf Location Map MOTOROLA P.W. EXHIBIT "A" .......,. '" -. ,- - ''\ -- - -(: ~ \',\\~ ' Ir~~ . 1\11 ' \ \' I I S:< \\\\ I :~\ .:;> .<;A+C~"" \ ( \ \' \ ' "..../ . \1 \~\.~: I\~ / I \ \ \ ' \ \\ Be-' \ \ 1 8' \ \ m\ \ ~ . \ ~ I ) QUANTUM PARK \~d C OOE4CANA~\~ I II '~ ,I ~ 1 I '> i I' 0:'" :' I );!O i o ,Iii ~ ' ..I.. E I . \' ~ ~ i I 1;:;/1' I~ j <<IV BOy~~L 1 I R1AA ~ , I i l- t I'" I -t;..c ;;1 ~' z (I ! , I 'PUro.- \ .I'-:!I-- "#'~I\ : f 1\\ II " NO n'Jf:. --.: / I I i , i C3 I ,I II ~i , ' I; , ' , ~ I I ~ ! ) -L I~ "-'...... . ! I ~ I :Jl\r? , I ~ I ' If ~SD I I ~ --,---- ~ I 1-\ ,(1 , m I :0 I ~~, C3 ] w r- \ CATA I ' i ~ ,-/ , I ' ~-;?/" I I ~ 1 --:=:Ir ~ \l~~ ~I .--LJ= I i j > I '" , , : " :! !I " 'I -~ ~ ?ir,I' 'I' I ~!! I ,11\ : ..,. I ~' " ]li I !ill I , \\ \ /il ir;: \ i--l., "\, " " ,C1\ 1 1,1, \ \_..1,', \ \ \' \ \/,.\/ 1 \ '</'~,; \ I \\ ~n"\\.... ,--.-1 ^',', I I \1 >~" ,~ C3 IV-,' _ 'I t r Iii \ /' :; ~i ! _I. . " , ( ~ '1':---' :- \\1 '-:; = ::- . 800 o 800 1600 Feet s 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, ~ 1, 4-16-02; Ord. No. 02-033, ~~ 3, 4, 8-20-02) Sec. 8. M-I industrial district regulations and use provisions. A. M-I INDUSTRIAL DISTRICT. 1. Permitted uses. no distance requirement. Within any M-l industrial district, no building, structure. land or water, or any part 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 B.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: ,r-\ a. Manufacturing. fabrication. and processing as follows: (1) 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) Sai1making and canvas goods, including retail sale of goods manufactured on premises. i '( (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 I "~ goods. (II) 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, equipment, appliances, parts. and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber. or fiberglass products. limited to cutting and assembly of parts and materials. (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. (IB) Medical and dental equipment. (19) Household goods and other small items such as jewelry, lapidary goods. personal articles. toys, amusement devices, sporring 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 B.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-15 Zoning EXHIBIT "B" 42E premises, unless specifically allowed in accordance with Sections 8.A.!., 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 B.A,2. (6) Packaging and labeling services. excluding handling of materials prohibited in Section B.A.5. (7) Lawn, garden. and tree maintenance services; landscaping contractors. (B) 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 B.A.I.. B.A.2.. or B.A.3. (I ) Warehouses, self service storage facilities (mini-warehouses) in accordance with Section 11.0 storagelockers, and cold storage, excluding uses specifically prohibited in Section B.A.S. 1996 S-1 Zoning EXHIBIT "B" 43 (2) Industrial. commercial. office. professional, and business machinery, equipment, fixtures, tools, and supplies, excluding uses specifically prohibited in Section B,A,S. (3) Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections B.A.I.. B.A.2.. B.A.3.. or B.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. (B) 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 B.A.5. (12) equipment. 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 parts, accessories. furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an ac-cessory use to repair. service. rebuilding. or instal-lation 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: (1) 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 express and messenger service. (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 not 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-l Zoning District. .;( 2, Permitted uses subject to distance requirement. Within any M -1 industrial district. no building. structure, 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 structure 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. ( . ,.".y\et' a. Manufacturing. fabrication, and processing as follows: (1) 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, Oilier uses as follows: (1) Asphalt paving, patching. roofing, and sealcoating. excluding asphalt and tar plants. 2000 5-14 (2) Building cleaning and janitorial services; swinuning 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, fertilizer, 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 transport of septic tank waste or other liquid wastes. (8) Ad u I ten t e rt a i nm en t establishments. in accordance with Section II.M. 3, Uses requiring environmental review permit. Within an M-I industrial district. no building, structure, land. or water, or any part thereof shall be erected, altered. or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11,3; provided, however, that any use or process that would be subject to a minimum dislance 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 innertube 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, (IS) Electrical and electronic goods involving processes other than assembly of parts or materials. (16) Vehicles, transportation equipment, and boats; fann and construction machinery . (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 fann 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) Extenninating, fumigating. and disinfecting services. (7) Print shops, photographic laboratories, commercial photography; commercial art, silkscreening, lithography, typesetting. and blueprinting services, ~. ( (8) Unifonn, 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. (I) Petroleum and petroleum products. including solvents and liquified petroleum gas; bulk or nonbulk storage. sales, or distribution. J , -. ..../ (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 fonnulating 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. , L 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-l industrial district, no building. structure. land or water. or any part thereof shall be erected. altered, or used, in whole or part, for one or more of the following uses. unless a conditional use approval is secured according to the standards and procedures set forth 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 permit 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 truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial 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 arterial 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 portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1 % of pre-cut product. 5. Prohibited uses. Within any M-l industrial district, no building structure. land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any use not specifically allowed in accordance with Sections 8.A.1., 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: (1) 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 fertilizer. (8) Sugar processing and refining. (9) Commercial 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; converted paper and paperboard products not specifically permitted in Section 8.A.1.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, arrununition, 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. (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) Farmers' 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.l. (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. arrunonia, 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. (10) Agricultural fertilizing, and chemical pest, disease, weed, or soil treatment services. r-' -. " t (,;;. e, (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 Starutes shall be adequately screened. c. Transportation. communication. utilities. and miscellaneous uses as follows: (I) 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 type. 2002 S-18 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 11.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 "C" Conditions of Approval Project name: Motorola PID File number: USAP 03-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING 1. Staff recommends that the uses in Exhibit "D" - Motorola Planned Industrial Development (Pill) 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 process. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Staff recommends that the following uses be eliminated from the list of permitted uses: Stone Cutting and Finishing, Machine Shops, Seafood and / or Solvent Distribution Facilitv. 3. Staff recommends that floor area restrictions should not apply to manufacturing uses dealing with furniture, cabinets, and / or wood fixtures (Chanter 2, Section 8.A.I.a.!6n. 4. Staff recommends restricting self-service storage facilities to limited-access only. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S:\Planning\Shared\Wp\Projects\Motorola DRI\USAP 03-001\COA.doc Exhibit "0" Proposed Motorola Planned Industrial Development (PI D) 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 Chaoter 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 plantslflowers wholesale & distribution Self service storage facilitiese .Retail sales are allowed for these aoods orovided that less than 50% of the aoods sold on the oremises are sold at retail. .Restricted to limited.access self-service storaae 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, assembly, 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:\Planning\Shared\Wp\Project5\Motorola ORI\USAP 03-001\Exhiblt 0 Ust of Uses.doc FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P,O, Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: R. Duke Woodson FAX" (407)648-1743 FROM: DA TE: 02-18-03 4 RE: Performance Standards Duke, Attached is the section of the City's Land Development Regulations that deals with performance standards. Each project must demonstrate compliance with the 11 performance standards. For your convenience, the code citation is Chapter 2, Section 4,N, Please submit a letter indicating how the proposed list of permitted uses will not violate the performance standards. If you have any questions or concerns, please feel free to contact me at the phone number referenced above, Thank you for your consideration in this matter. If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. C:\Documents and Settings\iohnsone\My Documents\Faxes\DukeWoodson.dot (b) Gropu B satellite dish antennae shall be freestanding. ground mounted, and self supporting without structural connections to any other structure or building. (c) No part of any satellite dish antenna installation may extend beyond the height of the horizontal eave line of the uppermost floor of any single-family or duplex home. (2) Satellite dish antennae installed to serve any use other than single-family or duplex homes must also comply with the following requirements: (a) Chapter 4 of the Land Development Regulations. (b) Only one (1) Group B satellite dish antenna may be located in a multifamily complex and it may not be located on a roof. Nothing in this provision shall be construed to alter or impair any rights, authority. or restrictions imposed by deed or under the rightful authority of any homeowners' association. (c) A Group B satellite dish antenna installed in commercial and industrial zoning districts may not be located on a roof so that the dish is visible from a public right-of-way or residential district. except as stipulated in l.a.(4) hereinbefore. (d) Group B satellite dish antennae which are mounted on a tower and used for communication in connection with the operation of a business shall provide reasonable screening and shall be subject to conditional use approval. (3) Satellite dish antennae properly permitted prior to April 4. 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed or modified without bringing the entire installation into full compliance with this section. N. PERFORMANCE STANDARDS. Alluses located within the city shall conform to the performance standards set forth below. and shall be constructed, maintained and operated so as not to be 1997 S-5 Zoning 7 a nuisance or hazard to persons. animals, vegetation or property located on adjacent or nearby properties or rights-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; odors, glare. heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge. or solid waste accumulation, Furthermore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applicable federal, state, county, or city law or permit. and all such laws and permits are hereby adopted as performance standards in these zoning regulations. 1. Noise, No use shall be carried out in any zoning district so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. 2. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located, 3. Smoke, dust. dirt. or other particulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust. dirt or other particular 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, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to 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. No use shall be carried out in any industrial district 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 industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the 8 Boynton Beach Code district abuts any residential district. 5. Toxic or noxious mailer. No use shaH be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter 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 of the property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and explosion hazards. No use shall be carried out in any zoning district 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 materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations. so as not to create a nuisance to such residential uses. 8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type. quantity or manner which is not 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. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinance, or which would cause solid waste 10 be transferred in any manner to adjacent or nearby property or rights-of-way. 10. Electromagnetic interference. No use shall be carried out in any zoning district 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 in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. II. Hazardous materials and hazardous waste. a. Prior to the issuance of an occupational license in the city. the operator of any use that uses, handles, stores or displays hazardous materials or that generates hazardous waste. as defined in 40 Code of Federal Regulations. Part 261, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to obtain a permit in accordance with Section 11.3. Environmental Review Permits. b. The operator of any such use shall be required to design and construct. prior to occupancy. an appropriate separate spill containment system to hold spilled hazardous materials for cleanup, independent from the storm water drainage system. along with an appropriate early warning monitoring program. The containment system and monitoring program shaH be a type which is generally acceptable to the Florida Department of Environmental Regulation and the South Florida Water Management District. and shall serve all structures or areas where hazardous materials are used. handled. stored or displayed, or where . hazardous wastes are generated, c. Depressed truck weHs which are utilized by users of hazardous materials and generators of hazardous waste shaH provide a drainage system which shaH be designed and maintained to include oil and grease receptors. and open bottom sedimentation pwnps as pollutant retardant structures. Such systems shall be designed so as to prevent pollutants from entering surface waters and groundwater. Parking areas and driveways adjacent to truck wells shall be designed to divert runoff to storage and exfiltrations systems on-site, prior to discharge into surface waters or storm sewers. d. Users of hazardous materials and generators of hazardous waste shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the environmental review committee. This plan shall identify appropriate measures for contamination response including, but not limited to: (1) Provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation standards. where appropriate; (2) Specification of follow-up water quality monitoring programs to be implemented in the event of contamination; (3) Specification of design and operational measures to contain and direct contaminated surface runoff away from lakes. ponds, canals. drainage structures and/or other connections to the surficial aquifer; (4) Specifications for the development and implementation of an early warning monitoring program; (5) Proof of financial responsibility which will assure that cleanup costs can be provided; (6) A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling. storage. display, or generation of the particular hazardous materials or hazardous wastes. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the environmental review committee; (7) Where the information required under (1) through (6) above is required as part of the information required for permitting by or reporting to part of the information required for permitting by or reporting to governmental agencies responsible for 2002 S-18 Zoning 9 regulating hazardous materials or hazardous wastes, this information shall be considered sufficient for the purpose of this section. O. ELECTRIC SUBSTATIONS. SWITCHING STATIONS AND UTILITY FACILITIES. Electric substations, switching stations and utility facilities are allowable in all land use categories and zoning districts subject to full site plan review as described in Chapter 4 and subject to screening on all sides with walls or acceptable landscaping as described in Chapter 9. Section 10, paragraph C4. (Ord. No. 96-51, ~ 1, 1-21-97; Ord. No. 96-66. ~ 1, 1-7-97; Ord. No. 99-24, ~ 2, 9-7-99; Ord. No. 01-52, ~ 3, 10-4-01; Ord. No. 02-011, ~ 2,3-19-02) Sec. 5. Residential district regulations and use provisions. A. R - I - A A A SIN G L E - FA MIL Y RESIDENTIAL DISTRICT, These district regulations will create the lowest population density of not more than 3.48 dwelling units per acre. 1. Uses permitted. Within any R-I-AAA single-family residential district, no building. structure, land or water shall be used except for one of the following uses: a. Single-family dwellings including the garages and other customary accessory buildings. Carports are not allowed. Disaster shelters are permitted. The shelters are to be used only for the designated purpose in times of danger. b. Churches and other places of worship with their attendant accessory uses. including daycare and pre-school facilities*. providing for a minimum site of one acre with a minimum of one hundred fifty (150) foot frontage. Nursery schools, primary and secondary schools and colleges and universities are not to be construed to be an accessory use to a place of worship by these regulations. c. City-owned and -operated facilities. d. Private golf courses and associated clubhouse facilities including private bath.