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AGENDA DOCUMENTS , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetino Dates in to City Clerk's Office MeetmorDates in to City Clerk's Office 0 August 5, 2003 July 14, 2003 (Noon.) 0 October 7, 2003 September 15, 2003 (Noon) 0 August 19,2003 August 4, 2003 (Noon) 0 October 21, 2U03 October 6, 2003 (Noon) I:2:l September 2, 2003 August 18, 2003 (Noon) 0 November 5. 2003 October 20, 2003 (Noon) 0 September 16,2003 September 2, 2003 (Noon) 0 November 18, 2003 November 3, 2003 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation I:2:l Consent Agenda 0 Public Hearing 0 Code complianceiLegal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-169. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (USAP 03-002) Joni Brinkman, AICP Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for a change to the list of approved uses to include additional manufacturing uses and increased retail sales up to 100% on Lot 3 "B" of the Boynton Commerce Center PID. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature '-z...--. Planning arid Zonin ector City Attomey / Finance / Human Resources G:\Holding folder to tr::msfer\Agenda It m Request Boynton Commerce Ctr USAP 03-003 9-2-03.dot S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC , DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-169 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission FROM: Michael Rumpf :~~:::: ~~::::~:n:I:p zon:tg_ t/ Planner , THRU: DATE: August 20, 2003 PROJECf NAME/NO: Boynton Commerce Center PID / (USAP 03-002) REQUEST: Use Approval PROJECT DESCRIPTION Property Owner: Nayrot Realty, Incorporated Agent: Joni Brinkman, AICP / Winston Lee & Associates, Incorporated Location: Boynton Commerce Center PID 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 new uses proposed in this PID (see Exhibit "B" - Proposed Revisions to the Approved List of Permitted Uses) Acreage: + / -3,8 acres (Lot 3B) Adjacent Uses: North: Developed Boynton Commerce Center Lot 3-A (Lowe's) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Developed office / industrial Boynton Commerce Center Lot 3-C with a Industrial (I) land use designation, zoned Planned Industrial Development (PID); East: Right-of-way for the C.S.X. Railroad, then farther east is right-of-way for Interstate 95; and Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 2 West: Vacant industrial property, Boynton Commerce Center Lot 3-H, classified Industrial (I) and zoned, Planned Industrial Development (PID); still farther west is developed residential property with a Moderate Density Residential (MoDR), zoned Single Family Residential (R-1-AA), BACKGROUND & ANALYSIS Ms. Joni Brinkman, agent for the owner has submitted an application for use approval in the Boynton Commerce Center Planned Industrial Development (PID) (see attached location map - Exhibit "A"). Each Planned Industrial Development (PID) has a list of permitted uses. In short, the applicant is currently requesting a wide variety of uses and intensities, which range from very industrial to commercialized industrial-type uses. The commercialized uses would allow for showrooms and retail spaces to assume up to 100% of the gross floor area of a bay. The underlined text indicates the applicant's proposed language to the Boynton Commerce Center PID permitted use list. Staff analyzed each proposition and offers a brief summary and recommendation. For clarity in the staff report, staff's analysis and recommendations are ita/icizedbelow each of the proposed categories. Exhibit "B" shows Ms. Brinkman's proposed modifications to the Permitted Use List of the Boynton Commerce Center Planned Industrial Development (PID). Exhibit "D" is a copy of the current Light Industrial (M-l) zoning district regulations. The proposed changes are as follows(underlined): l. Permitted Uses, Not Requiring Environmental Review Approval. No change proposed. A. Personal Services No change proposed. B. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from previously prepared materials from the following: 1. Cellophane. 2. Canvas. 3. Fiber (i.e. wood, except that furniture manufacturing requires environmental review). 4. Fiberglass. 5. Glass. 6. Leather. 7. Textiles. 8. Yarn, 9. Uses listed under Section 8.A.1.a(6), (7), (9), (10), (12-15), (18), and (21); Section 8,A,1.b.(l) & (3) of the Bovnton Beach Zoninq Code. More specifically, they are the following uses: Furniture, cabinets, and wood fixtures, with qross floor area of shop not qreater 2.000 square feet. Blind, shutter, shade, and awninq fabrication from wood, plastic, fabric, canvas, or finished metal pieces. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 3 Stone cuttinq and finishinq. Statuary, ornaments, and art qoods. Ceramic pottery, and porcelain oroducts, usinq only preYiouslv pulverized clay, and usinq kilns only bv electricity or qas. Inyestment castinq. Machinery. equipment appliances, parts, and tools, limited to assembly of finished parts and materials. Medical and dental equipment. Artist and craftsman shops, excludinq retail display or sales on premises. Electrical and electronic qoods, limited to cuttinq and assembly of parts and materials. Industrial, commercial, office and professional equipment; service, repair, and rebuildinq, excludinq uses specifically prohibited in Section 8AS, Furniture and antique upholstery, coyerinq, and repairinq. These proposed uses would be compatible with the uses that are already permitted within the PID. With the incremental loss of industrially-zoned lands throughout the City, staff welcomes the applicant's request for the above-referenced uses. However; in the Light Industrial (M-l) zoning district, these types of uses would normally require an environmental review permit. Staff recommends that these types of uses be subject to environmental review and approval (see Exhibit "C' - Conditions of Approval). C. Warehouse, Distribution, Wholesale No change proposed. 1. Any manufacturing category listed above, or any use listed in Chapter 2, Section 8.A.1.c(2), (3), (4), (6), (7), (9), (14), and (16) of the M-1 INDUSTRIAL DISTRICT, Zoning Regulations (see Exhibit "D") But not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturing and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/ plants wholesale and distribution Paper Plastic Metals (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and cormonents Boat parts and equipment Airplane parts and equipment Medical equipment instruments, devices, and components Furniture Precision instruments Enqravinq, printinq. and publishinq. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 4 It is staffs opinion that these provisions would better satisfy current demands for light mdustrial property by encouraging development which would reflect changes in the technology of land development and relate the development of land to the specific site. Therefore, staff has no objection to the proposed additions. 2. Retail sales are allowed for good listed under the sections specified under 1.e1., provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 38 as industrial, which shall be allowed m retail sales. The applicant is requesting that; in conjunction with the expanded use list indicated above under le.l, that retail sales of up to 50% ofthose goods be allowed as ancillary to the wholesale operation of the business. Additionally, these retail sales may only occur in the westernmost portion ofthe bUilding as depicted on the approved site plan for Lot 3B. In return, the applicant would restrict the remainder of the building (eastern portion) on Lot 3B to industrial users only with no retail sales activity allowed. In staffs analysis, the applicant appears to be attempting to take advantage of the linkage and exposure from the Lowes Superstore parking lot for other similar types of Home Improvement business (retail in nature) that would thrive in such an environment This concept does have merit. When combined with the fact that the remainder of the building (which does not benefit from this natural linkage to Lowes Superstore) would contain no retail uses and that the site plan accommodates the parking necessary to operate in the requested manner, staff concurs with the proposal. However, staff recommends that as a condition of approval, the applicant shall provide a revised traffic impact statement indicating the proposed uses (i.e. retail, industrial) and their respective intensities (building area by square footage) to confirm that the project would continues to meet the Traffic Performance Standards of Palm Beach County (see Exhibit "e' - Conditions of Approval). 3. Retail sales of UP to 100% of sales, are allowed for qoods listed under the section specified in (Section I.e.l,) above on Lot 38 onlv, for UP to 49% the qross floor square footaqe of the buildinq, with the exception of S.A.1.e.(14). The specific uses within the code sections SALe. (2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footaqe shall be located in the western area of the buildinq and depicted on the approved site plan. This retail sales "use" is considered ancillary to the overall industrial uses approved for this lot. Staff originally had concerns with converting industrial property for commercial users. However, the concerns revolved around four specific uses that could have the propensity to allow intensive 'big box'type commercial users. These were sections 8.A.l,c. (2), (3), (14), and 'furniture~ The applicant has agreed to address staffs concerns by withdrawing the "retair request for 8.A.1.c. (14)- auto parts and accessories and by limiting the maximum square footage of the three remaining requests to 10,000 square feet Staff feels that by limiting the amount of square footage allowed for these specific uses, the possibility of one of the uses utilizing the entire square footage for an intensive commercial use is aVOided. The objective of the above-referenced request is to allow a retail businesses for a small select group of bays within the building proposed on Lot 3B. This particular lot is attractive to retail users because of its close proximity to and visibility from the Lowes Superstore. The applicant maintains that this liberal interpretation of retail uses would be Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 5 minor compared with the building area of the entire PID. However; the traffic statement (for the accompanying new site plan (NWSP 03-009) for Lot 3B) was based on "Light industrial" rather than "Retail" or "Commercia!': Retail uses were not taken into consideration as how it relates to the Traffic Performance Standards of Palm Beach County. The above-referenced uses, if permitted at 1 00% retai~ would share similar characteristics and performance characteristics with that of traditional industrial uses. As previously mentioned, staff recognizes that Lot 3B abuts the Lowes Superstore and is therefore, a very attractive location for a retail business. Therefore, staff recommends allowing 100% of sales on Lot 3B conditioned on the following- This would occur in the western portion of the proposed building on Lot 3B only, which would be regulated by the site plan of record and that the uses covered under Section 8.A.1.e. (2), (3), and 'furniture' be limited to a . maximum square footage of 1 0,000 square feet. Additionally, uses covered under Section 8.A.1.c (14) shall not be allowed the retail option. Furthermore, as agreed to by the applicant, there will be no retail sales allowed in the remainder of the building. This is a significant change, as these uses would normally be allowed to sell up to 49% of their sales as retail. Prohibiting retail sales in the remainder of the building will reduce the intensity of these bays. Retail uses would be limited to the uses listed under section 1. C 1. ofthe proposed use list, excluding 8.A. 1. e. (14)-, auto parts and accessories (see Exhibit "e' - Conditions of Approval). D. Operations Center - Requiring a mix of moderate warehouse and increased office use. 1. Sank Operations Center 2. Insurance Company Records Storage 3. Government Operations Facility 4. Radio / TV studio 5. Nursing Registries 6, Non-profit Trade Organization Research and Record Stoage Facilities 7. Offices for contractors (work shops and outside storaqe). However, truck parking for contractors is specifically prohibited. Presently, work shops, outside storage, and truck parking are specifically prohibited within the Boynton Commerce PID, The applicant is requesting that a contractors workshop and outside storage be allowed within the PID. The prohibition of truck parking would remain throughout the PID. Staffs concerns arise when greater emphasis is placed on the contractor's workshop rather than the office space. It is staffs opinion that there is a positive correlation between the size (intensity) of a contractors workshop area and the need for outdoor storage areas. In theory, the greater the size of workshop space, the greater the need for outdoor storage area. Staff has no objection to allowing workshop area or outdoor storage areas. However; since the need for outdoor storage space is somewhat proportional to the intensity of workshop spaces, staff recommends limiting the areas of outside storage space in order to mitigate the negative, if any, consequences of outdoor storage. Therefore, staff recommends limiting the size of the outdoor storage area consistent with Chapter 2, Section 7.E.1 which states that "Outdoor storage of materials may be permitted based on a finding of the Planning & Development Board that such storage does not exceed 15% of Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 6 the total square footage of the bUilding site and that such storage is screened and fence to preclude exposure to the public" (see Exhibit "e' - Conditions of Approval). E. Offices No change proposed. II. Uses requiring Environmental Review - See Planning Department for Application No change proposed. A. Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: No change proposed. B. Warehouse, Distribution, Wholesale. No change proposed. 1. Seafood (excluding Processing) No change proposed. 2. Principal uses for any of the manufacturing categores listed under II.A. above, No change proposed. 3. Retail sales are allowed for goods iisted under the sections specified under lIAS., provided that less than SO% of the goods sold on the premises are sold at retail, with the exception of the area desiqnated on Lot 3B as industrial. which shall be allowed no retail sales. This is essentially a repeat ofthe uses requested under item 1. C2 to correspond with the organization of the current use approval list, which has a separate section for uses subject to Environmental Review. Staff has no objection to prohibiting retail sales in the remaining industrial portion of the building as it decreases the intensity of the uses from what is currently allowed by code. As these eastern bays would normally be allowed to have retail sales of up to 49% of their gross sales, this prohibition could represent the same or lower intensity than the status quo. Howeve0 the applicant has not provided any empirical evidence of this perceived 'Yower evidence'; Therefore, in conjunction with the recommendation made in item 1.C2, staff would recommend that a traffic impact statement be reviewed and approved by the Palm Beach County Traffic Division in order to determine the proposed languages effect on the Traffic Performance Standards of Palm Beach County (see Exhibit "e' - Conditions of Approval). III. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prohibited: Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 7 1. Fertilizer manufacturing, sale, or distribution 2. Millwork 3. Metal casting 4. Welding shop 5. Contractors' shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area desiqnated on Lot 36 as industrial, which shall be allowed no retail sales. 7. Any warehouse or wholesale use which is listed in Section 8.A.2.b, 8.A.3.e., or Section 8.A.5.b. of the "M-l INDUSTRIAL DISTRICT'. Again, due to the current layout of the use approval list, which isolates prohibited uses / activities, this provision is repeated. Staff has no objection to prohibiting retail sales in the remaining industrial portion of the subject building (Lot 3B) as it decreases the intensity of the uses from what is currently allowed by code. As these eastern bays would normally be allowed to have retail sales of up to 49% of their gross sales, this prohibition could represent the same or lower intensity than the status quo. Also as indicated above, the applicant has not provided any empirical eVidence of this perceived 'Yower intensity'~ Therefore, in conjunction with the recommendation made in item I C2, staff would recommend that a revised traffic impact statement be required indicating the proposed uses and their intensities (building area). The Palm Beach County Traffic Division would review the revised traffic impact statement to determine the change (if any) on the Traffic Performance Standards of Palm Beach County (see Exhibit "C - Conditions of Approval). Parking r'.cquirements: 1. Showrooms associated with the principal use are permitted as an ancillary use UP to a maximum of 30% of the total qross floor area devoted to such use. It has been a long-standing policy of staffin limiting accessory showroom space of an industrial user to 20% to 25% of the gross floor area of a bay or building. However; staff has no objedion to allowing 30% of the total gross floor area to be used as accessory showroom. This is consistent with recent written staff interpretations of the definition of 'ancillary' and we, therefore, have no objection to this requested revision. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum of 25% (30%) of the total gross area devoted to such use. It has been a long-standing policy of staff in limiting accessory office space of an industrial user to 20% to 25% of the gross floor area of a bay or building. However; staff has deviated from this policy in the past and would not object to the 30% threshold for accessory office space. This is consistent with recent written staff interpretations of the definition of 'ancillary' and we, therefore, have no objection to this requested revision. 3. Office floor area which exceeds 25% (30%) of the total gross floor area shall be Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 8 considered a principal use and shall provide parking at the rate of one (1) parking space per 300 square feet of the entire gross floor area devoted to such use. According to Chapter 2, Section 11.H.16. d. (20), office and office bUildings require one (1) parking space per 300 square feet of gross floor area. The applicants request is consistent with the Land Development Regulations and staffs previous written interpretation of 'ancillary' uses and therefore, staff has no objections. Lot 3B: The parkinq calculation methods b be utilized for Lot 3B are as follows: Staff has no issue with having a separate method for calculating required parking for Lot 38. 1. Retail: The potential retail square footaqe (up to 49% of the qross floor square footaqe), shall require one (1) parkhq space per 200 square feet. If the western 49% of the ground floor square footage were a few seled bays that would be permitted to have more than 49% retail sales, then the entire bay square footage would be calculated at a retail rate of one (1) space per 200 square feet (see Exhibit "C' - Conditions of Approval). 2. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturinq uses shall have the option to utilize a blended rate of one (1) parkinq space per 500 square feet of qross floor area. According to Chapter 2, Sed ion 11. H.16.f. (1), manufacturing and industrial uses shall "'-~,', '-- '-~:e ('.:) "ar'(/r:_N _C:~}2,---.:' pe,'~ ~r:C,'J squ?rc feet or 9rD.~5 ,+:/oor area. Wholesale and olslnouo..)fi' esta[)il~/)rr;ents sila;;' ,-er..jI...,l-e 002 (l) J.-.'iJJ'-'{,I~-;'f/ spaL-e per 800 square feet of gross floor area. Staff has no objection to the above referenced request because the self-imposed parking restriction would be more limiting than the current situation and also because of the assurance of a previous staff recommendation to limit the showroom space to no more than 30% of the gross floor area of a bay. 3. Mezzanine square footaqe shall be limited to warehouse uses and mav utilize a parkinq calculation method of one (1) parkinq space per 800 square feet of qross floor area. According to Chapter 2, Sedion 11.H.16.f.(5), warehouses and other indoor storage facilities, warehouse - industrial complexes are required one (1) parking space per 800 square feet of gross floor area. The applicants request is consistent with the Land Development Regulations, and therefore, staff has no objections. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 9 PERFORMANCE STANDARDS Finally, 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 is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: A. 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. The uses shall as proposed shall not produce sound in violation of Section 15-8. B. 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. The uses as proposed should not create ground vibrations that would be perceptible beyond the property lines of the subject lot. C. 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 crried out on the property 50 as to allow the emission of any substances in violation of any federal, s:CJte, county, or city law or permit governing the emission of such substances. The proposed uses do not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. D. 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 non districts, the standards contained in this paragraph shall apply where district abuts a residential district. Tre proposed uses do not produce any objectionable or offensive odors or fumes that would be readily perceptible at any point at or beyond the boundary of the PID or Lot 3B. E. Toxic or noxious matter: No use shall 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 the 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. The proposed uses do not produce any toxic or noxious matter in any concentrations that would cause 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 contaminate any public waters or any groundwater. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ -03-169 Page 10 F. Fire and Explosion: No use shall be carried out in any zoning districts 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 CodEm Ordinances. The proposed uses do not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Charter 9, G. Heat, Humidity or Glare: No use shall be carried out in any zoning district so as produce heat, humidity or glare 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 regulations, so as not to create a nuisance to such residential uses. The proposed uses do not produce heat, humidity or glare. Site lighting will conform to code requirements and shall not be directed toward any residential uses. H. 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 or the City of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. I. Solid Waste: No use shall be carried out in any zoning districts 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. The proposed uses shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. J. Electromagneticlnterference: No use shall be carried out in any zoning districts 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. The proposed uses shall not create electromagnetic radiation. K. Hazardous Materials and Hazardous Waste: Items a. through d. If any business locates within the PID which uses, handles, stores, or displays hazardous materials or generates hazardous waste, shall comply with items a. through d, as outlined in the City's performance standards, In addition, Section 11.3, of the use list outlines specific uses which are prohibited in the PID and no additions or deletions to this portion of the approved list has been proposed as part of this request. The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4,N of the Land Development Regulations. The approved site plan (NWSP 03-009) to construct a 71,174 square foot building on Lot 3B indicates that after its completion, the entire PID would have an excess parking in the amount of 128 spaces, Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 11 RECOMMENDATION Staff has taken into consideration the transitional nature of this remaining lot of the PID as influenced by the new Lowe's Center, the minor nature of the limited amount of retail being requested for the building on Lot 3B in relation to the overall square footage of the entire PID, the fact that the required parking for any retail square footage in the building will be based on the retail calculation method, the limitations as to maximum square footage of certain requested uses, and the applicant's proposition to prohibit retail sales that would normally be allowed in the remaining portion of the building. Staff recommends that the above requests for use approval be approved subject to all staff comments outlined in the attached Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "C'- Conditions of Approval. S:\Planning\Shared\Wp\Projects\Boynton Commerce Ctr\USAP 03-002\Staff Report .doc Location Map BOYNTOf\J BEACH Cm;If'v1ERCE CENTER LOT 3 B EXHIBIT "A" ~ , ' .........-~..-- -~ . i I ,----.S<-. =-R1Me~~ II ~~~/ -'i--7--I"~/ Ii \ "' ./' ' , I ~ _______ 'tLDDLBRIGHT ROj5:0L15nl.A1f ,-------- -::::::::--. ...------C1 PCD E ~ ...J.-J R3 ~ I I ! i, - ': ! ~~J",~. "~'" , I I i /1 '/~ .-- I , '~;-/--:" il 1'------..; I", l__jl~I'-""'~" '. 1_ III IIII I!i:~,,_~:,---:I:~ ..,.... ;. ' / ,i'.:<-------.-:::::/'.'~; '----; <~___:i-i' ' I , . ' ~\ 1 ' ,.'<;/, .;. ':::::G I' H "--'--'----', ::'-.--<~(,;:-(\ ,'<"'s.:,~ ,~ I )~ "i' :~<~~"v;.i L-: R 1 AA /'\ ,'( ,'0" "'~ ,,' ,""""" _ I '/,'(:", ~ v~..J II I //~ "'~,-~"c-----.. ~ ,::? /J< .:, 'x"---=----- I::::; ~~ ',/', /< "'~ ~ "........... i' i //1 A 'v-:--- '\ ,- <)' ',-- ~ ~../ (~/,,, <' ':,," v I~ <~ '''',,/ r ~/~<;./~<>,~/G> "-- I -< \'\ ;/,,/. ".(/X/,./.\ ___ ,---------< '>( <-"\~;< </~'(' /<', ,<~, '\ ///' ------1- /', ,<.,'~, .,,' ""'~>'~' ':' :~~,.~ /"/'\,\~<><,<,/---\'<'\\/\/:f' 11:\1,1' "-u-r---i \, /,~/\//<, /'x-'/"\ ,:-< ,// \.........,.......... \\ i:' I i I z-----I ,< /y/Y x,...' v' -/ 1"' . \ I I I ~~ .',---- /.XX' '.'V"." ,.----s---', I ."~' '" ' ~x' v\.---",..--;-'Y"1\1 111.. ../,<.~ "x\>/\~~--0,.""\ I i II "'." 1---" .......,' '",/ :,." }{ :-t:~-I '. l , 'i t~ , ~...... ~v '",,1""--"', "".'~"'I ,I -,..-, ". _:..::.-.......,/".'-' i ",- ~----'~I.;"!~I,~,." '"VV ~I . ii\,: 'i;,/,I,'~,~,''.' I II,; i i i I,~ I~:,~!, \ , ,""T.JIII,~~ 'SW??N[) WAY , ;-- ---'i__________.............-:_ " ;: I i ii! " C3 <0 C) /:!! ;c: .:;2 Wi 1--, ?;.' ~- i Ii 1/ a"--p~// w 0/1 r Q::' <2 "" :;:: ['f '" o u i ?-:lpn A I ,/ r:' .:/ I ,..rl, II! I I: ~- ,~-:' . " w~, EXHIBIT "B" Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID (Development Department Memorandum No. PZ-98-283) I. Permitted Uses, Not Requiring Environmental Review Approval. AUG 2 i A. Personal Services 1. Carpet and Upholslery Cleaning i L_~_~:-- B. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materials: 1. Cellophane 2. Canvas 3. Fiber (i.e., wood, except that furniture manufucturing requires environmental review) 4. Fiberglass 5. Glass 6. Leather 7. Textiles 8. Yam 9. Uses listed under Section 8.A.l.a(6). (7). (9). (10), (12-15). (18) and (21); Seclion 8.A.I.bJl) & (3) of the Bovnton Beach Zoning Code. C. Warehouse, Distn'bution, Wholesale I. Any manufucturing category listed above, or any use listed in Sections 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-I INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Wmdow treatment manufucturing and showroom Glass and mirror manufucturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distn'bution Artificial flowers/plants wholesale and distn'bution Paper Plastics Metal (i.e. machine shop) Rubber Electrical apvliances. instruments. devices. and components Boat parts and equioment EXHIBIT "B" Airplane parts and equioment Medical equipment, instruments. devices and components Furniture Precision instrumenls Engraving, printing and publishing 2. Retail sales are allowed for goods listed under the sections specified in I.C.1. above, provided that less than 50% of the goods sold on the premises are sold at retail with the excePtion of the area designated on Lot 3B as industrial. which shall be allowed no retail sales. 3. Retail sales, of UP to 100% of sales, are allowed for goods listed under the sections specified in I.e.l. above on Lot 3B only. for UP to 49% the grOSS ground floor square footage of the building. with the exception of 8.A.1.c.(I4). The specific uses within the code sections 8.A.1.c.(2), (3) and 'furniture' shall be limited to a maxllnum floor area of 10,000 SQuare feet. This SQuare footage shall be located in the western area of the building and deoicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. D. Operations Center - Requiring a mix of moderate warehouse and increased office use. I. Bank Operations Center 2. Insurance Company Records Storage 3. Government Operations Facility 4. Radiorrelevision Studio 5. Nursing Registries 6. Non-Profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. E. Offices 1. PID Leasing Office 2. Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-l Industrial District" Zoning Regulations 3. Professional Engineering Offices II Uses requiring Environmental Review - See Planning Department for Application A. Manufacturing, including compounding, assembling, repair, or treatment of articles Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" or merchandise from the following previously prepared materials: I. Cosmetics 2. Drugs 3. Pharmaceutical 4. Paper 5. Plastics 6. Metal (i.e., machine shop) 7. Wire 8. Rubber 9. Electrical appliances, instruments, devices, and components 10. Auto parts and equipment I I. Boat parts and equipment 12. Airplane parts and equipment 13. Medical equipment, instruments, devices and components 14. Furniture 15. Precision instruments 16. Engraving, printing and publishing B. Warehouse, Distribution, Wholesale I. Seafuod (excluding Processing) 2. Principal uses for any of the manufucturing categories listed under Ir.A. above. 3. Retail sales are allowed for goods listed under Section II.A.S. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, exs;.e12.tj!)g_ lh.e_~as:t_em portion of the building on Lot 3B "~jig[lated as .industriaL. '.vhich shall not be a!!.owed retail sales. III All uses not specifically listed above are prolnbited. Furthermore, the following uses are expressly prolnbited: I. Fertilizer manufucturing, sale or distribution 2. ~ork 3. Metal casting 4. Welding shops 5. Contractor's shops, storage, or truck parking 6. Retail sales, where the value 0 f goods so ld at retail exceeds S 0% 0 f the total value of goods sold from the premises with the exception of the area designated on Lot 3B as industrial. which shall be allowed no retail sales. 7. Any warehouse or wholesale use which is listed in Section 8.A.2.B:!2" 8.A.3.c., or Section 8.A.S.b. of the "M-I INDUSTRIAL DISTRICT' Boynton Corrnnerce Center PID Use List Page 3 EXHIBIT "B" Zoning Regulations Parking Requirements: Warehouse, distnbution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manufacturing: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). 1. Showrooms associated with the principal use are permitted as an ancillary use !ill to a maximum of30% of the total grOSS floor area devoted to such use. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum ofZ5% 30% of the total gross floor area devoted to such use. 3. Office floor area which exceeds Z5% 30% ofthe total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be utilized for Lot 3B are as follows: L Retail: The pOtential retail SQuare footage (up to 49% of the grOSS ground floor SQuare footage), shall require one (1) parking space per two hundred (200) SQuare feet. 2. Blended Rate: Warehouse, distribution, wholesale. showroom, and manufacturinl2: uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) SQuare feet of grOSS floor area .1. Mezzanine SQuare footage shall be limited to warehouse uses and mav utilize a parking calculation method of one (I) parkinl2: space oer eight hundred (800) SQuare feet of grOSS floor area. Operations Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred square feet of gross floor area Boynton Connnerce Center Pill Use List Page 4 EXHIBIT "e" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 03-002 Reference: See Exhibit "B" Boynton Commerce Center Use List Revision Re uest I DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Commen1s: None X , }~~Gr;\'-EER]NG D;Vl~,iO.\ " Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Submit a revised traffic impact statement that indicates the proposed uses and X their respective building intensities (on Lot 3B in conjunction with NWSP 03-009). Condi1ions of Approval 2 DEPARTMENTS fNCLUDE 2. The Use Approval list shall be amended to also reference the environmental X review (ER) process, which may be required for the new uses. The applicability of the ER process shall be determined prior to the issuance of an occupation license for the following new uses: . Fumiture. cabinets, and wood fixtures, with gross floor area of shop not greater 2,000 square feet; . Blind, shutter, shade, and awning fabrication from wood. plastic. fabric, canvas, or finished metal pieces; . Stone cutting and finishing; . Statuary, ornaments, and art goods; . Ceramic, pottery. and porcelain products, using only previously pulverized clay, and using kilns only by electricity or gas; . Investment casting; . Machinery. equipment, appliances, parts. and tools, limited to assembly of finished parts and materials; . Medical and dental equipment; . Artist and craftsman shops, excluding retail display or sales on premlses; . Electrical and electronic goods, limited to cutting and assembly of parts and materials; . Industrial, commercial, office and professional equipment; service, repalr, and rebuilding, excluding uses specifically prohibited m Section 8 .A.5; Furniture and antique uDholstery. covering. and reDairim:. 3. The required parking for businesses (on Lot 3B) that are engaged in retail / X commercial uses would be calculated on the entire bay at a retail rate of one (1) Darking soace oer 200 square feet of gross floor area. 4. Staff recommends the following to the LD.7 of the Boynton Commerce X Center PID permitted uses: Outdoor s10rage of materials may be permitted based on a finding of the Planning & Development Board that such storage does not exceed 15% of the total square footage of the building site and that such storage is screened and fence to oreclude exoosure to the Dublic. 5. The site plan for Lot 3 of the Boynton Commerce Center PID (NWSP 03- X 009), shall be revised to label the eastern 51 % of the building "industrial" and the western 49% of the building to be labeled as "retail", with the aODlicable square footage amounts deoicted on the building footprint. 6. The site plan for Lot 3 of the Boynton Commerce Center PID (NWSP 03- X 009), shall be revised to add the following notes: . Automobile, vehicle, and boat parts, accessories, furnishings, and supplies (8.A. I.c.(14)). shall be prohibited in the retail portion of the project; . The following uses shall be limited to a maximum souare footage of REJECT DEPARTMENTS INCLUDE REJECT 10,000 square feet in the retail portion of the project: Industrial, commercial, office, professional, and business machinery, equipment, fixtures. tools and supplies (8AI.c.(2)); Household goods (8.A.1.c.(3)); and fumiture: . No retail sales shall be allowed in the portion of the project designated as "industrial". ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 7. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 8. To be determined. ELJ S:\Planning\Shared\Wp\Projects\Boynton Commerce Ctr\USAP 03-002\COAdoc EXHIBIT "0" 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 1\laster 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. S 4.1-21-97: Ord. No. 00-03. SS t, 2.3-21-00; Ord. No. 00-52, S I. 10-17-00; Ord. No. 02-017. S I. 4-16-02, Ord. No. 02-033, SS 3. 4, 8-20-02) Sec. 8. M-1 industrial district regulations and use provisions. A. M-l INDUSTRIAL DISTRICT 1. Permitted uses. no distance requirement. Within any 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 other than one or more of the following specified uses; 2002 S-18 provided, however. that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section 8 A.4.. or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: ~. a. Manufacturing. fabrication, and processing as follows: (l) Bakery products. (2) Ice and dry ice. (3) Textile produclS. apparel. and clothing accessories. manufactured from purchased fabric and materials. excluding spinning, weaving. knitting, dyeing. or treating of textile mill produclS. (4) Sailmaking and canvas goods. including retail sale of goods manufactured on premIses. ('~' '. j (5) Leather cutting and stamping; fabricated leather products. (6) Furniture, cabinets, and wood fixtures, with gross !loor 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 fmishing. (10) Statuary, ornamenlS. and art c: goods. (II) Glass and glass products (12) Ceramic, potterv. and porcelain products, using only previouslv pulverized clay. and using kilns fired only by electricity or gas \ 13) Investment casting. (14) Machinery, appliances, pans, and tools, limited tlnished pans and materials. eqUIpment. to assemblv of (IS) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of pans and materials. (17) Precision instruments, optical equipment, photographic equipment. and clockwork devices. (I S) Medical and den~l equipment. (19) Household goods and orner 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, cotions, 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) Industrial, commercial. office and professional equipment: service, repair. and rebuilding, excluding uses specifically prohibited in Section 8..0.5 (2) Household goods; service, repair, and rebuilding. excluding display or sale of any new. used, or rebuilt merchandise at retail on 200 I S- 15 EXHIBIT "0" Zoning 42E premises, unless specifically ::Illo\v'ed in 1ccordancc wirn Sections 8..0.. i S .-\.2,8..-\ 3., or S.A.4 i3) Furniture ar.d upholstery, covering, and repairing. antique (4) Ste3.m and pressure cleaning services. (5) Septic tank. sewer, and drain cleaning and repair services, excluding storage, rreaunent. rransfer, dumping, or disposal of waste on premises, provided that trucks used for the transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2. (6) Packaging and labeling services. excluding handling of materials prohibited in Section 8.A.5. (7) Lawn, garden, and tree maintenance services; landscaping contractors. (8) Recording and motion picture studios. (9) Catering and food services. (10) Data processing services. (11) Research and development laboratories. ( 12) Commercial testing laboratories. (13) Medical and dental laboratories. (14 ) Upholstery and carpet steam cleaning businesses. (15) Towing companies with exterior storage. (16) Vegetation recycling as a conditional use to a solid waste operating and recycling faciliry. c. Storage, distribution. and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8.A.1.. 8.A.2., or 8.A.3. (I) Warehouses, self service storage facilities (mini-warehouses) in accordance with Section I!. 0 storage lockers , and cold storage, excluding uses specifically prohibited in Section 8.A.5. 1996 S-l EXHIBIT "0" Zoning 43 (2) Industrial. commercial. office. professional, and business machinery. equipment, fixtures. tools, and supplies, excluding uses specifically prohibi1ed in Section 8.A.5. (3) Household goods: storage, wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections 8.A.1., 8.A.2.. 8.A.3 , or 8.A.4. (4) Building materials, home improvement stores, lumber, door and window hardware, shades, shuners, blinds, and awnings; fencing, roofing. flooring, carpeting, tile. hard ware. 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, sobr energy, water conditioning and heating systems and equipment, and major appliances. including retail sales. (8) Pre-fabricated sheds. including retail sale. (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale. (10) Monuments and gravestones, including retail sales. (11) Feed and farm supplies, excluding uses specifically prohibi1ed in Section 8.A.5. equipment. (12) construction Trucks, buses. farm machinery. and utiliry EXHIBIT "0" 44 Boynton Beach Code trailers, including rewil renting and saks. (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 and express 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, 9 1,3-19-96) 2000 S-14 e. Any commercial use which is nO[ specifically listed as a permitted or conditional use in any other zoning district, and which is not listed as a prohibited use in the M-I Zoning District. 2. Permitted uses subject to distance requirement. Within any M -I industrial district, no building, 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 bundred (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 whicb 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 probibi1ed under Section 8.A.5. shall fully comply with the provisions of those sections, wbere applicable. c- a. Manufacturing, fabrication, and processing as follows: (1) Plastic products. limited to forming of plastics materials. including compounding of resins. Establishment of sucb 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 sball require an environmental review permit. (3) Machine shops, welding and metalworking shops, tinsmiths. sheet metal fabrication. blacksmith shops; macbining. 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. l' 'I" ~ b. Other uses as follows: (1) Asphalt paving, patching, roofing, and sealcoaling. excluding asphalt and tar plants. 2000 5-14 EXHIBIT "0" Zoning 44A (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 10 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 sep1ic tank waste or other liquid wastes. (8) Adult entertainment establishments, in accordance with Section l1.M. 3. Uses requiring environmental review permit. Within an 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 of 1he following specified uses, unless an environmental review permit is secured in accordance wi1h the standards and procedures set forth in Section 11.3; provided, however, that any use or process that would be subject 10 a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibi1ed under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication. and processing as follows: EXHIBIT "0" Zoning 45 (1) Dairy products. (2) Canned. frozen, or preserved food. (3) Beverages and bottling. (4) Confections. (5) Prepared meat, seafood. and poul1ry products. (6) All other food products, not specifically permitted in Section 8.A.l. 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) Phannaceuticals 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 46 Boynton Beach Code EXHIBIT "0" such uses would be established within !he minimum dist.1Ilce requirement specified in Section 8.A.2. (15) Electrical and electronic goods involving processes o!her !han assembly of pans or materials. equipment, machinery . (16) boats; Vehicles, transportation farm and construction and (17) Mobile homes, provided !hat such uses shall be located west of Interstate 95. (18) Plated ware manufacrure; 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 wi!hin the minimum distance requirement specified in Section 8.A.2. (3) Automobiles, buses, trucks, and o!her motor vehicles; cons1ruction and fann equipment; service. repair, rebuilding, and storage, excluding the keeping of vehicles in violation of Chapter 9. Article III, of !he 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) Fumirure cleaning, stripping. and refinishing. (6) Exterminating, fumigating. and disinfecting services. (7) Print shops, photographic laboratories, commercial photography; commercial art, silkscreening, li!hography, typesetting, and blueprinting services. ( i: (8) Uniform. towel, and linen supply services; industrial launderers; laundry and dry-cleaning plants, excluding retail pickup and drop-off on premises; carpet and rug cleaning plants. (9) Tire recapping. (10) Building cleaning and janitorial services and swimming pool maintenance services, where such uses would be located within the mirumum distance requirement specified in Section 8.A.2. c. Storage. distribution, wholesale, and other uses, retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this section. (1) Petroleum and petroleum products, including solvents and liquified petroleum gas; bulk or nonbulk storage, sales, or distribution. { (2) Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk distribution. (3) Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations. including formulating of cleaning preparations for sale on premises. (4) Industrial and medical gases; bottled or bulk storage, sales or distribution. excluding chlorine, fluorine, ammonia. hydrogen sulphide. sulphur dioxide, or toxic gases. (5) Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals. provided !hat all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road and !he major access !hereto. and that the duration of any such use shall not exceed fourteen (14) consecutive days wi!hin anyone-year period. (. ~ 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 Regula1ions, 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 pan. 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 reqUlre 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. s1adiums. 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 stull 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 ponions (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 pan thereof shall be erected, altered. or used, in whole or in pan. for any use not specifically allowed in accordance with Sections 8.A.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 r=X~IPIT "0" L- I IlL.) 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 processing. (5) Slaughtering and rendering of meat and poultry processing, and dressing. from carcasses. (6) Stod.:yards 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 produc1ion 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.l.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 "0" 48 Boynton Beach Code (16) Fenilizer. pesticides, herbicides, and agricultural chemicals. (17) Explosives, ammunition, matches, and fireworks. (18) Petroleum refining. (19) Petroleum, asphalt, tar, and coal products. (20) Plastics. manufacturing of resins, primary plastics materials. synthetic rubber, cellulose, and synthetic fibers. (21) Rubber, manufacture of primary rubber materials. tires and innertubes, and rubber reclaiming. (22) Soaps. detergents, and cleaning preparations. other than mixing or blending. (23) Paints. varnishes, lacquers. enamels, and allied products, other than mixing or blending. (24) Cement, concrete, gypsum, lime. and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A.!.a. (25) Brick. firebrick, terra cotta, clay pipe, structural clay tile, and refractories. (26) Asbestos products. (27) Processing of rock. sand, gravel. shellrock, limerock. mineral earths. and the like. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries. except as specifically allowed in accordance with Sections 8.A.!.. 8.A.2., or 8.A.3. (29) Drop forging. (30) Chemical cleaning or etching of metals as a principal use. or any ch.emical 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 (1) 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 comple1ely rebuilt or refinished merchandise where such uses would be allowed in accordance with Section 8.A.!. -~ { , ';../ (4) Crematoriums and the like. (5) Explosives. ammunilion, matches, and fireworks. (6) Bulk storage, bulk distribution, or bulk sale of chemicals and allied products. (7) Compressed chlorine, fluorine, ammonia, hydrogen sulphide. sulfur dioxide, or toxic gases. (8) Bulk storage. bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals. (9) Offices or restaurants, except as an accessory use to a lawful principal use. C~">. . j (10) Agricultural fertilizing. and chemical pest, disease, weed, or soil treatment services. (11) Truck stOpS or au[Omobi1e service stations. (12) Boarding kennels; guard dog kennels and training services. (13) Any open s[Orage 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 defilled by Section 316.003, Florida Statutes shall be adequately screened. c. Transportation. communication. utilities, and miscellaneous uses as follows: (1) Chemical and [Oxic waste storage or disposal; tank truck cleaning. (2) Land fill operations. (3) Airports. airfields, and landing strips. (4) Helipons. (5) Residences and trailer parks; use of vehicles or house trailers as living quaners. (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 soning or processing facilities. (8) Animal disposal facilities. (9) Incinerators of any type. 2002 S-18 Repl. EXHIBIT "0" 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 1l.H. hereinafter. (Ord. No. 95-23, S 1.8-15-95; Ord. No. 95-24, S 4, 8-15-95; Ord. No. 96-03, S 1, 3-19-96; Ord. No. 00-04, SS I, 2, 4-4-00; Ord. No. 00-34. S 1,7-18-00; Ord. No. 01-57. S 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 [0 implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates DAu ust 5, 2003 DAu ust 19, 2003 ~Se tember 2 2003 DSe tember 16, 2003 DOctober 7, 2003 DOctober 21, 2003 DNovember 5, 2003 DNovember 18, 2003 Deadline for Submittal to City P & DjCRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached ~ All exhibits are attached & marked e. ., Exhibit "A' ~ '\"\ uf- Department Head's initials: Boynton Commerce Center USAP 03-002 Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: City Manager's signature o Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST Aug 5-Nov 18, 2003.doc on (Date)