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AGENDA DOCUMENTS Requested City Commission Meeting Dates o November 20,2001 o December 4, 2001 o December 18,2001 [ZJ January 2,2002 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates Date Final Form Must be Turned in to City Clerk's Office November7,2001 (5:00p.m.) 0 January15,2002 November 21, 2001 (5:00 p.m.) 0 February 5, 2002 December 5, 2001 (5:00 p.rn.) 0 February 19, 2002 December 19,2001 (5:00 p.rn.) 0 March 5, 2002 January 3, 2002 (5:00 p.m.) January 16,2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) o Administrative [ZJ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o UnfInished Business o Presentation RECOMMENDATION: Please place tlus request on the January 2,2002 City CommiSSIOn Agenda under Consent Agenda. The Planning and Development Board with an unanimous vote (7-0), recommended that the subject request be approved subject to staff comments. For further details pertammg to the request, see attached Department of Development Memorandum No PZ 01-275 EXPLANATION: PROJECT NAME AGENT OWNER. LOCATION DESCRIPTION. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: HIGH RIDGE PID Winston Lee, ASLA, AICP Levitt Corporation Mmer Road & High Ridge Road Establish the list of approved uses for the High RIdge PID. N/A N/A N/A City Manager's SIgnature 11- M IK-[ I4AAY'F Planning and Zoning rrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\WP\PROJECTS\High Ridge Lots 9-12\USAP 200 I \Agenda Item Request High Ridge PID Use Approvall-2-02.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01-275 TO: Chairman and Members Planning and Development Board M(...iR- Michael W. Rumpf Planning and Zoning Director THRU: FROM: Maxime Ducoste-A. Planner ~. December 14,2001 DATE: SUBJECT: High Ridge Commerce Park PID (File No USAP 01-004) New List of Permitted Uses NATURE OF REQUEST Joni Brickman, of Winston Lee and Associates, Inc., agent for Levitt Corporation, is requesting approval of a list of permitted uses for the High Ridge Commerce Park Planned Industrial Development (PID). This request is in connection with the desire of the applicant to develop lots 9 through 12 as an Office/Industrial project in the High Ridge Commerce Park PID (see attached location map in Exhibit "A") Chapter 2 - Zoning, Section 7 E I of the Land Development Regulations requires that any use proposed within a Planned Industrial Development (PID) district be apprO\ed by the Planning and Development Board (and City Commission) BACKGROUND The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Multi-family portion of Cedar Ridge Estates PUD; East Seaboard Airline Railroad and 1-95 rights-of-way; South - Boynton Beach Distribution Center, zoned M-1; and West - High Ridge Road right-of-way, and farther west is unincorporated Palm Beach County 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 use in accordance with Section 11 M of the zoning code or industrial uses provided that such use or uses is/are approved by the Planning and Development Board and City Commission. To approve such a use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4 N of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the planned industrial development district. Page 2 Memorandum No. 01-275 High Ridge PID USAP 01-004 Similar to the Quantum Park PID, the original approved master plan for the High Ridge Commerce Park Planned Industrial Development (PID) did not include a specific list of permitted uses. Therefore, the permitted uses lists for these two master plans have been created incrementally in connection with the approval of new developments for each PI D. I n contrast, the Boynton Beach Commerce Center PI 0 included a list of permitted uses as part ofthe master plan approval. Uses previously approved through the use approval process for the High Ridge Commerce Park PID include, in part, Amerope, Harrison Import/Export, Interstate Sign crafters, PGD, Inc., and Atlas Party Rental. These approved uses included wholesale distribution, warehousing and wholesale of fabrics, design, manufacturing and warehousing of signs; manufacturing, wholesaling and warehousing of cast stone products; and warehousing and rental of party supplies, all of which are consistent with the intent and purpose of Section 8.A.1.a, and 8.A.1.b of the M-1 zoning district regulations The establishment of a comprehensive use list better' prepares the PID for potential owners and tenants eliminating the need for them to assume responsibility for use approval and the uncertainty that accompanies the process The proposed list represents a combination of uses already established in both the Quantum Park of Commerce PID and the Boynton Commerce Center PID (see Emibit liB") ANAL YSIS The purpose of the city's performance standards is to ensure that uses wll not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or that they will not 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 applicant has been asked to provide a response to the performance standards listed in Section 4 N to enable staff to evaluate the impact and appropriateness of this use within this PID district. The following performance criteria are evaluated using information collected from this current application. These responses are listed as follows: 1) Noise: The applicant is aware of and shall comply with Section 15-8 of the City of Boynton Beach Code of Ordinances in regard to sound le\els for all proposed uses, 2) Vibrations: All proposed uses within the PID shall comply with the restrictions related to ground vibrations 3) Smoke, dust, dirt, or other particulate matter. All proposed uses within the PID shall comply with this section, as 'M311 as any federal, state, county or city laws governing the emission of substances, 4) Odors and fumes: All proposed uses within the PID shall comply with this section as required, 5) Toxic or noxious matter: All proposed uses within the PID shall comply with this section as required, Page 3 Memorandum No. 01-275 High Ridge PID USAP 01-004 6) Fire and Explosion: If any use proposes the storage, use or production of flammable or explosive materials, same shall be in conformance with the provisions of Chapter 9, of the City's Code of Ordinances; 7) Heat, Humidity or Glare: All proposed uses within the PID shall comply with this section as required; 8) Liquid Waste: All proposed uses within the PID shall comply with this section as required, 9) Solid Waste: Solid waste generated by any proposed use within the PID shall comply with Chapter 10 of the City's Code of Ordinances; 10) Electromagnetic Interference: All proposed uses within the PID shall comply with the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association, as well as the Federal Communications Commission regulations; 11) Hazardous Materials and Hazardous Waste: Any use which falls within the thresholds requiring that an Environmental Review Permit be issued by the City, shall comply with all aspect of Chapter 2 4.N.11. It is the opinion of staff that the proposed list of permitted uses within Exhibit "B" is consistent with the intent and purpose of the High Ridge Commerce Park PID, and furthers the attempt to provide a suitable environment for industrial developments, while complying with the City's code requirements. Please see Exhibit "C" for excerpts of those portions of the M-1 zoning district regulations referenced in the list of proposed uses It should be noted that the applicant proposes that the use list only apply to a portion of the PID (e g Lots 9 through 12). However, staff recommends that the list apply to the entire PID, as the size of the PID does not warrant more than one (1) use list. It should also be noted that subsequent uses proposed for the PID, that are not on the list, will continue to be reviewed on a case by case basis through the use approval process for conformance with the requirements described herein RECOMMENDATION It is the determination by staff that the proposed list is consistent with the intent and purpose of the Planned Industrial Development district and therefore, contingent upon meeting the proposed set of condition listed in Exhibit "0", staff recommends that the list of permitted uses for the High Ridge Commerce Park PID be approved. MDA xc: Central File J:\SHRDATAIPlanning\SHARED\WP\PROJECTS\HIGH RIDGE Lots 9,121USAP 200 1 IStaff Report.doc . Location Map EXHIBIT"A" HIGH RIDGE COMMERCE PARK P.I.O. 1000 o 1000 2000 N W~E s EXHIBIT "B" ExhibIt "B" Permitted Uses The following are permitted uses at Lots 9-12 of the HIgh RIdge Commerce Park PID. Permitted Uses COMlvfERCIAL / PERSONAL SERVICES pursuant to SectIOn 8 Al b MANUF ACUTURlNG, including compoundmg, assembly, repaIr or treatment of artIcles or merchandise, pursuant to Section 8.A1 a WAREHOUSE, DISTRIBUTION, WHOLESALE, SHOWROOM Any manufacturing category hsted above, or any use lIsted in Sections 8.A.1.c(2),(3),(4),(6),(7),(14) AND (16) OF THE "M-1 IndustrIal DIstnct" Zoning Regulations, and including, but not hmited to the following: Window treatment manufacturing and showroom Fabrication of canvas and vinyl covenngs 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 plantslflowers wholesale & dIstributIOn Retail sales are allowed for these goods proVIded that less than 50% of the goods sold on the premIses are sold at retail INDUSTRIAL Machme 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 mdustnal use allowed m SectIon 8 of the "1\;1-1 Industnal DistrIct" Zomng RegulatIOns Bank operatIOns center Insurance company records storage Government operations facility RadIO/televIsion studio ,- ( ~ ( EXHIBIT "B" Motion picture and/or music StudIOS Nursmg registries Non-profit trade orgamzation research and record storage facilIties Offices for contractors OFFICES Professional and busmess offices Uses Requiring- 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 manufactunng categones lIsted Inunediately 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. EXHIBIT "e" 42 Boynton Beach Code as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification uncondItionally, approve the minor modification with condItions, or deny the mInor modIfication. Non-substantial (minor) modIfications wIll not extend time limitations for development of property as stIpulated In LDR Chapter 2, Section 9, paragraph C13. O. ZONING ADMINISTRATOR. Building permits. No building permit or certificate of occupancy or zoning compliance shall be issued In or for development in a PID distrIct except In conformity with all provisions of the zoning to PID classifications and plans submitted under subsectIon M of these zoning regulations. (Ord. No. 96-51, S 4, 1-21-97; Ord. No 00-03, SS 1, 2, 3-21-00) ~ Sec. 8. M-l industrial district regulations and use provisions. A. M-l 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, 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 Manufactunng, fabricatIOn, and processIng as follows (1) Bakery products (2) Ice and dry Ice 2000 S-12 (3) Textile products, apparel, and clothIng accessories, manufactured from purchased fabnc and matenals, excludIng spInnrng, weavrng, knming, dyeIng, or treatIng of textile mIll products (4) Sailmakmg and canvas goods, IncludIng retarl sale of goods manufactured on premIses. (5) Leather cuttIng and stamprng, fabricated leather products (6) FurnIture, cabrnets, and wood fixtures, WIth gross floor area of shop not greater than two thousand (2,000) square feet (7) Blmd, shutter, shade, and awnIng fabricatIon from wood, plastIC, fabrIC, canvas, or fimshed metal pieces (8) Converted paper and paperboard products, lImIted to cuttrng, stamprng, foldIng, lammatrng, linmg, coatmg, and treatmg of purchased paper, paperboard, foIl, sheet, or film materIals (9) Stone cutting and fimshmg (10) Statuary, ornaments, and art goods (11) Glass and glass products (12) CeramIC, pottery, and porcelain products, usmg only preVIOusly pulverized clay, and usrng kIlns fired only by electrIcIty or gas (13) Investment castIng (14) Machmery, equIpmem, applrances, pans. and tools, Irmlted to assembly of filllshed pans and materials (15) ElectrIcal and electrOnIC goods, lrmned to assembly of partS and mat=na]s (16) Plasucs. rubber, or fiberglass products. lrmlted to cutting and assembly of pans and materIals Zoning EXHIBIT "e" 42A - (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 (1) lndustnal, commercial, office and professional equipmem, service, repaIr, and rebUIlding, excluding uses specifically prohibited m SectIon 8.A.5. I (2) Household goods, serVIce, I I repair, and rebuildmg, excludmg display or sale of I' any new, used, or rebuilt merchandise at retaIl on premIses, unless specifically allowed in accordance! I with SectIons 8.A.I., 8 A.2., 8 A.3., or 8.A 4 j (3) FurnIture and antique I upholstery, coverIng, and repairing 1 , (4) Steam and pressure cleanmg I servIces 1997 5-5 (5) Septic tank, sewer, and dram 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 m Section 8.A.2. (6) Packagmg and labeling services, excluding handlmg 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 laboratones. (12) Commercial testlllg laboratories (13) Medical and dental laboratories (14) Upholstery and carpet steam cleaning busmesses (15) Towing companies WIth exterior storage. ( 16) Vegetation recyclmg as a condition.al use to a solId wilSte operatmg and recvclim: facilIty. c Storage, distribution, and wholesale uses, retaIl display and sales shall be prohibited unless specifically allowed in Sections 8 A.I.. 8 A.2 , or 8.A.3 (1) Warehouses, self serVice storage faCilities (miru-warehouses) in accordance WIth Section 11 0 storagelockers, and cold storage, excludmg uses specifically prohibIted m Section 8 A 5 1996 S-1 EXHIBIT "e" Zoning 43 usm ,commerCI ,0 ce, 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.l , 8 A.2 , 8 A 3., or 8A4 (4) BuIldmg materials, home improvement stores, lumber, door and wmdow hardware, shades, shutters, blinds, and awnings, fencmg, roofmg, floonng, carpeting, tile, hardware, tools, paJ11t, wallpaper, shelvmg, cabmets, furniture, partitions, latchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and the like, includmg retaIl sales (5) Firushed concrete, bnck, clay, and stone bUlldmg and paving matenals, sewer and water pIpe, and culvert, storage, dIStrIbutIOn, wholesale or retail sales (6) Pumps, generators, motors, fire protection equipment, and irrIgation equipment, includmg retail sales (7) Heatmg, coolmg, ventilatmg. refrigeration, solar energy, water COndItIOrung and heatmg systems and equipment, and major applIances, mcluding retaIl sales (8) Pre-fabncated sheds, includmg retaIl sale (9) Nursenes, greenhouses, lawTI and garden equipment, tools, and supplIes, mcludmg retal! sale (10) Monuments and grayestones. includmg retal! sales (11) Feed and farm supphes. e,:ludmg uses specIfically prohibited m Sewon 8A5 (12) farm utlllty eqUIpment. constructIOn Trucks. buses, machmer:: ' and EXHIBIT "e" 44 Boynton Beach Code 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 m 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, rebUIldmg, or instal- lation services, where such services lawfully exist (15) Mobile homes, linuted to areas west of Interstate 95 (16) Ice and dry Ice, includmg retail sales. (17) d TransponatlOn, communicatIon, utilities, and mIscellaneous uses as follows' (1) UtIlities, commUnIcatIOns facilities, government, and public utlhties shops and storage areas, police and fire stations, excluding uses specIfically prohibIted m 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 receI vers or transmIttmg towers, as an accessory use to a lawful pnncIpal use (7) Ambulance dIspatch servIce (8) Communiry centers, operated by non-profit orgaruzatlOns, prOVIded that no more than 40 % of the floor space IS devoted to office use (Ord No 96-03, S 1, 3-19-96) 1996 5-2 2 Penrutted uses subject to dIstance requirement Within any M-1 industrial dIstrICt, no buildmg, structure, land, or water, or any part thereof shall be erected, altered, or used, m whole or in pan for any of the following uses, unless a mirumum distance of three hundred (300) feet is maintained between the use and residentIal-zoned property Said distance shall be measured along a straight aIrlme route from the property lme of residentIal-zoned property to the bUIlding or ponion of the lot where the specified use IS located, except that those ponlOns 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 buildmg 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 processmg as follows (l) Plastic products, limited to forming of plastIcs materIals, including compoundmg of resIns EstablIshment of such uses wlthm the IT'Jrumum dIstance requirement specified above shall reqUIre an enVIronmental revIew penrut (2) Rubber products, lunited to fOrITllng of rubber materials, excludmg tire and innerrube manufactunng and rubber reclauning EstablIshment of such uses wIthm the mirumum dIstance requirement speCIfied above shall reqUIre an envIronmental revIew permit (3) Macrune shops, weldmg and metalv..orking shops, tins rruths, sheet metal fabrIcatIon, blacksrruth shops, machmmg. sta..rnpmg, cumng, jommg, forgmg, drawmg. bendmg, or other fonrung of metals as eILf}er a pnncIpal or accessory use EstablIshment of such uses withIn the rrurumum dIstance reqUIrement speCIfied above shall reqUIre an en\'1ronmental reVIew penrut b Other uses as follows (1) Asphalt pavmg. patchIng roofing, and sealcoaung. exdudmg asphalt an.d (3.[ p ];uus (2) Building cleaning and janitorial services; swimming pool maintenance services. Establishment of such uses within the minirnwn distance requirement specified above shall require an environmental review permit. (3) Sandblasting on premises. (4) Bulk storage, distributlOn, 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 movmg operations. (6) Contractors, op era ti ve bUIlders, and trade contractors shops and storage areas Establishment of such uses within the minimwn 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 r t a i n men t establishments, in accordance with Section 11 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 minimwn 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 provislOns of those sectIOns, where applIcable. a Manufacturing, fabrication, and processing as follows EXHIBIT "G" ~ning 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 1. 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, bookbmdIng, engraving, and allIed industrIes (9) Phannaceuticals and biological products (lO) CosmetICS (11) Plastics products, lunited to forming of plastics materials, includIng compounding of resins, where such uses would be established within the rrunirnurn distance requirement specified in Section 8 A.2. (12) Rubber products, luruted to forming of rubber materials, and excluding tire and innerrube manufacturing and rubber reclaiming, where such uses would be established WIthIn the nunimurn dIstance requirement specified in SectIOn 8A2 (13) Fiberglass fabrIcatIOn and repaIr, mcludIng fiberglass boat fabrIcatIon a.."1d repair (14) MachIne shops, weldmg and metalworkmg shops, tmsmith, sheet metal fabrIcatIOn, and blacksmith shops, machirung, stampmg, cuttmg, Jommg, forgmg, draWIng, bendmg, or other formmg of metals as either a pnncIpal or accessorj use, where 46 EXHIBIT "e" 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 equIpment, machinery . and (16) boats, Vehicles, transportation 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 pnncipal or accessory use; replating shops. (19) Chemical cleaning and etching of metals, lunited 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 withm 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 excludmg automobile service stations sellmg motor fuels at retail. (4) Boat storage, servIce, repair, rebuIldmg, and customizing (5) Furruture c1earung, stnppmg, and refimshlllg (6) Exterrmnating, fumigating, and disinfecting services (7) Print shops, photographic laboratones, commercial photography, commercIal art, silkscreening, lithography, typesettmg, and blueprmting services (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 planes (9) Tire recapping (10) Buildmg cleaning and janitorial services and swimming pool maintenance servIces, where such uses would be located within the I!llIllITIum distance requirement specified in SectIOn 8.A.2. c Storage, dIstribution, wholesale, and other uses, retail display and sales shall be prohibIted unless specifically pernutted below or elsewhere m this sectIOn. (1) Petroleum and petroleum products, includmg 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, lllcludlllg formulatmg of cleaning preparatIOns for sale on premises (4) Industrial and medical gases, bottled or bulk storage, sales or distributIon, excluding chlorine, fluorine, ammo ru a , 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 mirurnum frontage of t\lIO 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 Wlthlll anyone-year penod 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, Part 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 mirumum frontage of two hundred (200) feet on a collector or artenal road, and shall have the major access thereto d. Helistops, lImIted to an accessory use to a lawful principal use. e. Cutting of sub-pnmal portions of meat and pre-cut poultry into serving portIOns Including packagmg 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-I IndustrIal dIstnct, no buIldIng struccure, land, or water, or any part thereof shall be erected, altered, or used, m whole or in part, for any use not specifically allowed in accordance with Sections 8 AI, 8 A 2 . 8 A 3., or 8 A 4 of these zOnIng regulatIOns, or for any of the follOWIng expressly prohlbHed uses 2000 5-12 EXHIBIT "e" Zoning 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 process mg (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) Rendenng of anImal or manne 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 processmg and refining. (9) Commercial production of field or tree crops (10) Leather tanmng, curing, finishing, and coloring, storage of raw hides or skins (11) Tobacco procesSIng and tobacco products manufactunng (12) WeavIng, spInnIng, knmrng, dyeIng, or treatIng of textile mIll products (13) Pulp mIlls, paper and paperboard mills, converted paper and paperboard products not speCifically pennmed in SectIOn 8 A 1 a (8) of these zonIng regulatIons (14) Chemicals and allIed products not speCifically allowed elsewhere In thiS sectIOn (15) \Vood presenIng. pressure tre:Hlng. and dry 109 EXHIBIT "e" 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 resms, primary plastics materials, synehetic rubber, cellulose., and synehetlc fibers. (21) Rubber, manufacture of prImary rubber materials, tires and innertubes, and rubber reclaiming (22) Soaps, detergenes, and cleaning preparatIOns, other than mixing or blending (23) Paines, varnishes, lacquers, enamels, and allied products, other than mixing or blendmg (24) Cemene, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted m 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, shell rock, lImerock, mineral earths, and the lIke (28) Primary metals manufacturIng, smeltmg, refinIng, mIlls, furnaces, and foundrIes, except as specifically allowed m accordance WIth Semons 8 A 1 , 8 A 2 , or 8 A 3 (29) Drop forging (30) Chemical cleaning or etching of metals as a prIncipal use, or any chemIcal descalmg of metals 2000 S-12 (31) Coal or coke fired bIns and furnaces; coke ovens (32) Mining or quarrying, including removal of rock, sand, muck, marl, sOil, gravel, or shell rock, except as incidental or necessary for construction on the premises (33) Aerosol filling and packagmg (34) Liquid, oil, or chemical electric transfonners, manufacture or rebuildmg. b Storage, distribution, wholesale, retaIl, and serVices, as follows (1) 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.1 (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) Com pre sse d chI 0 r I n e , flUOrIne, ammOnIa, hydrogen sulphIde, sulfur dioxide, or toXIC gases (8) Bulk storage, bulk sale, or bulk distribution of pesticIdes, herbICides, or agrIcul tural chemicals (9) Offices or restaurants, except as an accessory use to a lawful prIncIpal use (10) AgrIcultural ferttlIZlng, and chemIca! pest, disease, weed. or sotl 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 pemutted 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 Statutes shall be adequately screened. c Transportation, commumcatIon, 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 landmg 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) Ammal dIsposal facIllCles (9) InCInerators of any type 6 BuildIng and site regulatIOns Minzmum lot area MinImUm lot fronrage 10,000 square feet None 2000 5-12 EXHIBIT "e" Zoning 49 Minimum front yard Minimum side yard (mterior) Mmimum side yard ( corner) MInimum rear yard Maximum lot coverage Maximum height 15 feet* 15 feet one side 15 feet street SIde 20 feet** 60 percent 45 feet, not to exceed 4 stones *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 SectlOn 11 H hereInafter (Ord. No. 95-23, S 1,8-15-95, Ord. No. 95-24, S 4, 8-15-95; Ord No 00-04, SS 1,2,4-4-00) Sec. 9. Administration and enforcement. A BUILDING PER1'vfITS REQUIRED. No structure or buildIng shall hereinafter be erected or structurally altered until a building permit has been Issued by the development director. All buIldings, structures, and uses of land shall comply with the regulations of thIS ordInance and WIth all applicable buildIng and health laws and ordInances Each application for a building permn shall be accompamed by a survey in duplIcate, drawn to scale, shOWIng the actual dimensions of the lot or lots to be built upon, the size of the buildIng or structure to be erected or structurally altered, ItS locatIOn on the lot or lots, and such other informatIon as may be reqUIred as to provIde for the enforcement of these regulatIOns B. CERTIFICA IE OF OCCUPANCY No bUIlding or structure hereafter erected or structurally altered shall be Issued a certificate of occupancy untIl the development director makes a finding that the budding or structure has been erected or structurally altered In conformance wnh the prOVISIons of thIS ordInance, and of all other appllC3.blc ordIn3.nces PROJECT NAME High Ridge PID ~. ~~~,tJl' ~~. .. DEVELOP~"'~.n ORDER OF THE CITY COMMI~~ION OF THE ..., ry OF BOYNTON BEACH, FLORI~A APPLICANT'S AGENT Joni Brinkman APPLICANT'S ADDRESS 1532 Old Okeechobee Road DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION January 2,2002 TYPE OF RELIEF SOUGHT Use Approval LOCATION OF PROPERTY High Ridge Road and Miner Road DRAWING(S) SEE EXHIBIT "A" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows' OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations 2 The Applicant .2(.. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby K GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. 7 All further development on the property shall be made in accordance with the terms and conditions of this order. \\\\\111111//1/111 \\\ .... 0 \I III;. Other ..$:-' .J. ~ I IV e /'~ ~~ 0 ," . '. ~ ~.... ~ q, ,'?oF\Ar~", ('I ~ '<l' l.(. .. ~ ,() '0. J,. s- ~ lO \ ~ 6. DATED' f-/). -OS ~ .,.. i~ S ":. \. (), . ~ity Clerk J'\SHRDATA\Planning\SHARED\WP\PROJECTS\Hi~{~~9~'!.Q....=. \t1~~~1\DeVelop.order High Ridge PID Use approval.doc ~/ i=LO~ \'~ /,1/1 . \\' ,Ill! 1/ 111 \\ \ \ \\\ EXHIBIT "D" CondItIons of Approval (REVISED) PrOject name High RIdge PID FIle number USAP 01-004 (Use Approval) Reference Request to develop lots 9 through 12 as an Office/Industnal project III HIgh RIdge Commerce Park PID ~R",FNTS INCLUDE REJECT 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 Comments. 1 Ormt references to "Lots 9-12" III tItle; hst shall apply to entire master plan. X . . " Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND ZONING Comments None X ADDITIONAL CITY COMMISSION CONDITIONS Comments ~ QnaD UI To be determmed. J'\SHRDATA\Planning\SHARED\WP\PROJECTS\High Ridge Lots 9-12\USAP 2001\Condition of Approval High Ridge PID Use Approval.doc