REVIEW COMMENTS
6.B.l
BOYNTON COMMERCE CENTER
(USAP 03-002)
USE APPROVAL
~
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:; /j,
Planner '1
THRU:
DATE:
August 20, 2003
Boynton Commerce Center PID / (USAP 03-002)
PROJECT NAME/NO:
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 (I) / 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-l-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):
1. 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.(1) & (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.
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Memorandum No PZ-03-169
Page 3
Stone cuttina and finishina.
Statuary. ornaments. and art aoods.
Ceramic. pottery. and porcelain products. usina onlv previouslv pulverized c1av. and usina
kilns onlv bv electricity or aas.
Investment casting.
Machinery. eauipment. appliances. parts. and tools. limited to assemblv of finished parts
and materials.
Medical and dental eauipment.
Artist and craftsman shops. excludina retail displav or sales on premises.
Electrical and electronic aoods. limited to cuttina and assemblv of parts and materials.
Industrial. commercial. office and professional eauipment service, repair. and rebuildina.
excludina uses specificallv prohibited in Section 8.A.S.
Furniture and antiaue upholstery. coverina. and repairina.
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 f1owers/ plants wholesale and distribution
Paper
Plastic
Metals (i.e. machine shop)
Rubber
Electrical appliances. instruments. devices. and corroonents
Boat parts and eauipment
Airplane parts and eauipment
Medical eauipment. instruments. devices. and components
Furniture
Precision instruments
Enaravina. printina. and publishina.
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Memorandum No PZ-03-169
Page 4
It is staffs opinion that these provisions would better satisfy current demands for light
industrial 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 I.e.1., 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 I1J retail sales.
The applicant is requesting that, in conjunction with the expanded use list indicated above
under 1. C 1, that retail sales of up to SO% of those goods be allowed as ancillary to the
wholesale operation of the business. Additionally, these retail sales may only occur in the
westernmost portion of the 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 "c" - Conditions of Approval).
3. Retail sales of UP to 100% of sales, are allowed for qoods listed under the section specified
in (Section 1.C1.) above on Lot 38 on lv, for UP to 49% the qross floor square footaqe of
the buildinq, with the exception of 8.A.1.cJ14). The specific uses within the code sections
8.A.1.c. (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.1.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 Cenler (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 100% retail 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.c. (2), (3), and 'furniture' be limited to a
maximum square footage of 10,000 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 L C 1.
ofthe proposed use list, excluding 8.A. 1. c. (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. Bank 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 StoBge 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 "C' - 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 listed under the sections specified under lIAS.,
provided that less than SO% of the goods sold on the premises are sold at retail, with the
exceDtion of the area desiqnated on Lot 3B as industrial. which shall be allowed no retail
sales.
This is essentially a repeat of the uses requested under item L 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 objedion 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. However, the applicant has not provided any empirical
evidence of this perceived ''lower evidence': Therefore, in conjundion with the
recommendation made in item LC2, 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 language's effed on the Traffic Performance Standards of Palm
Beach County (see Exhibit "C" - Conditions of Approval).
III. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly
prohibited:
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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 'Vower intensity'; Therefore, in conjunction with the recommendation made
in item IC2, 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 Requirements:
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 staff in 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 objection 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 Cenler (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 oarkina 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 sauare footaae (uo to 49% of the aross floor sauare
footaae), shall reauire one (1) oarkha soace oer 200 sauare feet.
If the western 49% of the ground floor square footage were a few select 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 manufacturina uses
shall have the ootion to utilize a blended rate of one (1) oarkina soace oer 500 sauare
feet of aross floor area.
According to Chapter 2, Section 11.H.16.f.(1), manufacturing and industrial uses shall
require one (1) parking space per 500 square feet of gross floor area. Wholesale and
distribution establishments shall require one (1) parking space 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 sauare footaae shall be limited to warehouse uses and mav utilize a oarkina
calculation method of one (1) oarkina soace oer 800 sauare feet of aross floor area.
According to Chapter 2, Section 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) Slaff 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
carried out on the property so as to allow the emission of any substances In violation of any federal,
state, county, or city law or permit governing the emission of such substances. 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. The 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 iocated; or
contaminate any public waters or any groundwater.
Boynlon 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 Codeor 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 Chap::er 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 ofthe 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\U$AP 03 002\Staft Report .doc
Location Map
BOYNTON BEACH COMMERCE CENTER
LOT 3 B
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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 Upholstery Cleaning
L_'_
B. Manufucturing, 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 manufacturing requires
environmental review)
4. Fiberglass
5. Glass
6. Leather
7. Textiles
8. Yam
9. Uses listed under Section 8.A.1.a.(6t (7). (9t (lOt (l2-m. (18) and (2J):
Section 8.A.1.b.(J) & (3) of the Bovnton Beach Zoning Code.
C. Warehouse, Distnbution, Wholesale
I. Any manufucturing category listed above, or any use listed in Sections
8.A.1.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 manufacturing and showroom
Glass and mirror manufacturing and distribution
A1arm system manufucturers and installers
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial flowers/plants wholesale and distnbution
flmg
Plastics
Metal (i.e. machine shop)
Rubber
Electrica1l1DDliances. instruments. devices.. and comoonents
Boat parts and equipment
EXHIBIT "B"
Airolane Darts and eauiDment
Medical eauipment. instruments. devices and comoonents
Furniture
Precision instnlments
Emrravin~. orintillll: and oublishing
2. Retail sales are allowed for goods listed under the sections specified in
I.C.l. above, provided that less than 50"10 of the goods sold on the
premises are sold at retail with the exceotion of the area desienated on Lot
3B as industrial. which shall be allowed no retail sales.
3. Retail sales. ofuo to 100"10 ofsa\es. are allowed for 200ds listed under the
sections specified in I.C.l. above on Lot 3B only. for uo to 49% the I!I'OSS
ground floor SQuare footal!e of the buil~. with the exceotion of
8.A.l.c.(14). The soecific uses within the code sections 8.A.l.c.(2t (3)
and 'furniture' shall be limited to a maximum floor area of 10.000 SQuare
feet. This SQuare fuota2e sba1l be located in the western area of the
buil~ and depicted on the aoproved site olan. The retail sa1es 'use' is
considered ancillaty to the overa1l industrial uses aooroved for the PID.
D. Operations Center - Requiring a mix of moderate warehouse and increased office
use.
1. 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 fur contractors {work shoos and outside sto1'll2et Truck parking
for contractors is specifically prohibited, however.
E. Offices
1. PID Le~~ing Office
2. Satellite Operations Management Offices for any Light Industrial Use
Allowed in Section 8 of the "M-I Industrial District" Zoning Regulations
3. Professional Engineering Offices
II Uses requiring Environmental Review - See Planning Department for Application
A. Manufucturing, 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;
1. Cosmetics
2. Drugs
3. Phannaceutical
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
11. 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
1. Seafood (excluding Processing)
2. Principal uses for any of the manufucturing categories listed under II.A.
above.
3. Retail sales are allowed for goods listed under Section ll.A.5. above
(plastics) provided that less than 50010 of the goods sold on the premises are
sold at retail, exceotinll the eastern portion of the buildin8 on Lot 3B
desi~ted as industrial which shall not be allowed retail sales.
m All uses not specifically listed above are probtbited. Furthermore, the following uses are
expressly probtbited:
1. Fertilizer manufucturing, sale or distribution
2. Millwork
3. Metal casting
4. Welding shops
5. Contractor's 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 exceotion 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:-!b
8.A.3.c., or Section 8.A.5.b. of the "M-I INDUSTRIAL DISTRICT'
Bo~ronCo~e~ter~DU~L~
Page 3
EXHIBIT "B"
Zoning Regulations
Parking Requirements:
Warehouse. distrIbution. wholesale: One (1) parking space per eight hundred (800) square
fuet of gross floor area (subject to the conditions outlined in notes 1-3 below).
Manufucturiruz: 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 !In
to a maximum of300A, of the totallll"OSS floor area devoted to such use.
2. Offices associated with the principal use are permitted as an ancillary use with a
maximum of25% 30% of the total gross floor area devoted to such use.
3. Office floor area which exceeds 25% 3OOA, of the 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 narldnl1 calculation methods to be utilized for Lot 3B are as follows:
1. Retail: The ootential retail square foo~e (un to 49% of the lll"OSS l!I'Ound floor
sauare footlll!et shall require one (1) parkinl!: SDaCe per two hundred (200) sauare
feet.
2. Blended Rate: Warehouse. distribution. wholesale. showroom. and manufucturing
uses shall have the ot'tion to utilize a blended rate of one (l) narldnl1 SDace per
five-hundred (500) sauare fuet of lll"OSS floor area.
3. Me:m.nine square footalze shall be limited to warehouse ~s and may utilize a
narJdnl1 calculation method of one (1) t'arking snace per eight hundred (800)
sauare feet of lll"OSS 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
fuet 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 Commerce Center PID Use List
Page 4
EXHIBIT "e"
Conditions of Approval
Project name: Boynton Commerce Center Pill
File number: USAP 03-002
Reference' See Exhibit "B" - Bovnton Commerce Center Use List Revision Request
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. Submit a revised traffic impact statement that indicates the proposed uses and
their respective building intensities (on Lot 3B in conjunction with NWSP
03-009).
Condilions of Approval
2
DEPARTMENTS
I INCLUDE I REJECT I
2. The Use Approval list shall be amended to also reference the environmental
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:
. Furniture, 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
premIses;
. Electrical and electronic goods, limited to cutting and assembly of
parts and materials;
. Industrial, commercial, office and professional equipment; service,
repaIr, and rebuilding, excluding uses specifically prohibited m
Section 8.A.5;
. Furniture and antique upholsterv, covering, and repairing.
3. The required parking for businesses (on Lot 3B) that are engaged in retail /
commercial uses would be calculated on the entire bay at a retail rate of one
( I) parking space per 200 square feet of gross floor area.
4. Staff recommends the following to the I.D.7 of the Boynton Commerce
Center Pill permitted uses: Outdoor storage 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 preclude exposure to the public.
5. The site plan for Lot 3 of the Boynton Commerce Center Pill (NWSP 03-
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
applicable square footage amounts depicted on the building footprint.
6. The site plan for Lot 3 of the Boynton Commerce Center Pill (NWSP 03-
009), shall be revised to add the followmg notes:
. Automobile, vehicle, and boat parts, accessories, furnishings, and
supplies (8.A.l.c.(l4)). shall be prohibited in the retail portion of the
project;
. The following uses shall be limited to a maximum Square footage of
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 (8.A.I.c.(2)); Household goods
(8.A.l.c.(3)); and furniture;
. No retail sales shall be allowed in the portion of the project
designated as "industrial".
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
7. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
8. To be determined.
ELJ
S:\Planning\Shared\Wp\Projects\Boynton Commerce Ctr\USAP 03-002\COA.doc
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 requesl 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 requesl for review.
Following review, the City Commission shall:
a. Approve the Development Order, or
b. Modify the Development Order, or
c. Deny the Development Order. The
decision of the Commission shall be treated as final at
the conclusion of the voice vote on the agenda item
under consideration, notwithstanding later issuance of
a written order. The minutes of the Commission
meeting shall be conclusive evidence of the action of
the Commission. Review of final action by the
Commission shall be by Writ of Certiorari to the
Circuit Court.
9. Expiration of approved plans. Approved
Master Site Plans as described herein shall remain valid
indefinitely. Approved Technical Site Plans shall
remain valid for a period of two (2) years pursuant to
the terms listed in Chapter 4, Section 5.
(Ord. No. 96-51. ~ 4,1-21-97; Ord. No. 00-03. g 1,
2,3-21-00; Ord. No. 00-52, ~ 1, 10-17-00; Ord. No.
02-017, ~ 1, 4-16-02; Ord. No. 02-033, ~~ 3, 4,
8-20-02)
Sec. 8, M-1 industrial district regulations and use
provisions.
A. M-IlNDUSTRIAL DISTRICT.
I. 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:
C';
a. Manufacturing, fabrication, and
processing as follows:
(I) Bakery products.
(2) Ice and dry ice.
(3) Textile products, apparel, and
clothing accessories, manufactured from purchased
fabric and materials, excluding spinning, weaving,
knitting, dyeing, or treating of textile mill products.
(4) Sailmaking and canvas goods,
including retail sale of goods manufactured on
premises.
(~.
"
.j
(5) Leather cutting and stamping;
fabricated leather products.
(6) Furniture. cabinets, and wood
fixtures, with gross floor area of shop not greater than
two thousand (2,000) square feet.
(7) Blind, shutter, shade, and
awning fabrication from wood, plastic, fabric, canvas,
or finished metal pieces.
(8) Converted paper and
paperboard products, limited to cutting. stamping,
folding, laminating, lining, coating, and treating of
purchased paper, paperboard, foil, sheet, or film
materials.
(9) Stone cutting and finishing.
(10) Statuary. ornaments, and art
L~
goods.
(11) Glass and glass products.
(12) Ceramic, pottery, and
porcelain products. using only previously pulverized
clay, and using kilns fired only by electricity or gas.
(13) Investment casting.
(14) Machinery, equipment,
appliances, parts, and tools. limited to assembly of
finished parts and materials.
(15) Electrical and electronic
goods. limited to assembly of parts and materials.
(16) Plastics, rubber. or fiberglass
products, limited to cutting and assembly of parts and
materials.
(17) Precision instruments, optical
equipment, photographic equipment, and clockwork
devices.
(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,
nOlions, cookware, and flatware.
(20) Fruit packing and shipping.
(21) Artist and craftsman shops,
excluding retail display or sales on premises.
b. Commercial services as follows:
(I) Industrial, commercial, office
and professional equipment; service, repair, and
rebuilding, excluding uses specifically prohibited in
Section 8.A.5.
(2) Household goods; service,
repair. and rebuilding. excluding display or sale of
any new. used, or rebuilt merchandise at retail on
2001 S-15
EXHIBIT "0"
Zoning
42E
premises. unless specifically allowed in accordance
with Sections 8.A.I., 8.A.2., 8.A.3.. or 8.A.4.
(3) Furniture and antique
upholslery, covering. and repairing.
(4) Steam and pressure cleaning
services.
(5) Septic tank, sewer, and drain
cleaning and repair services, excluding storage,
treatment, transfer, dumping, or disposal of waste on
premises, provided that trucks used for the transport
of waste shall be parked and stored in conformance
with the minimum distance requirement specified in
Section 8.A.2.
(6) Packaging and labeling
services, excluding handling of materials prohibited in
Section 8.A.5.
(7) Lawn, garden, and tree
maintenance services; landscaping contractors.
(8) Recording and motion picture
studios.
(9) Catering and food services.
(10) Data processing services.
(11) Research and development
laboratories.
(12) Commercial testing
laboratories.
(13) Medical and dental
laboratories.
(14) Upholstery and carpet steam
cleaning businesses.
(15) Towing companies with
exterior storage.
(16) Vegetation recycling as a
conditional use to a solid waste operating and
recycling facility.
c. Storage, distribution, and
wholesale uses; retail display and sales shall be
prohibited unless specifically allowed in Sections
8Al., 8.A.2., or 8.A.3.
(I) Warehouses, self service
storage facilities (mini-warehouses) in accordance with
Section 11.0 storagelockers, and cold storage,
excluding uses specifically prohibited in Section
8.A.5.
1996 S-I
EXHIBIT "0"
Zoning
43
(2) Industrial, corrunercial, office,
professional, and business machinery, equipment,
fixtures, tools, and supplies, excluding uses
specifically prohibited in Section 8.A.5.
(3) Household goods; storage,
wholesale and distribution only; retail display or sales
shall be prohibited unless specifically allowed in
accordance with Sections 8.A.l., 8.A.2., 8.A.3., or
8.A.4.
(4) Building materials, home
improvement stores, lumber, door and window
hardware, shades, shutters, blinds, and awnings;
fencing, roofmg, flooring, carpeting, tile, hardware,
tools, paint, wallpaper, shelving, cabinets, furniture,
partitions, kitchen and bathroom fixtures, pools and
spas, glass and mirrors, plumbing and electrical
supplies, and the like, including retail sales.
(5) Finished concrete, brick, clay,
and stone building and paving materials; sewer and
water pipe, and culvert; storage, distribution,
wholesale or retail sales.
(6) Pumps, generators, motors,
fire protection equipment, and irrigation equipment,
including retail sales.
(7) Heating, cooling, ventilating,
refrigeration, solar energy, water conditioning and
heating systems and equipment, and major appliances,
including retail sales.
(8) Pre-fabricated sheds, including
retail sale.
(9) Nurseries, greenhouses, lawn
and garden equipment, tools, and supplies, including
retail sale.
(10) Monuments and gravestones,
including retail sales.
(II) Feed and farm supplies,
excluding uses specifically prohibited in Section
8A5.
(12)
equipment, construction
Trucks, buses, farm
machinery, and utility
EXHIBIT "0"
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 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:
(I) Utilities, communications
facilities, government, and public utilities shops and
storage areas, police and fire stations, excluding uses
specifically prohibited in Section B.A.5.
(2) Package express and
messenger service.
(3) Railroad switching yards,
freight stations and terminals, storage facilities, and
shops.
(4) Recycling pick-up facilities for
paper, glass, and cans from households.
(5) Trade and industrial schools.
(6) Radio or microwave receivers
or transmitting towers, as an accessory use to a lawful
principal use.
(7) Ambulance dispatch service.
(B) Community centers, operated
by non-profit organizations, provided that no more
than 40% of the floor space is devoted to office use.
(Ord. No. 96-03, ~ 1,3-19-96)
2000 S-14
e. Any commercial use which is nOl
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-1 Zoning District.
I'
,
2. Permitted uses subject to distance
requirement. Within any M -1 industrial district, no
building, structure, land, or water, or any part thereof
shall be erected, altered, or used, in whole or in part
for any of the following uses, unless a minimum
distance of three hundred (300) feet is maintained
between the use and residential-zoned property. Said
distance shall be measured along a straight airline
route from the property line of residential-zoned
property to the building or portion of the lot where the
specified use is located, except thal those portions of
the lot or structure which are located within the
minimum distance may be used for lawful uses other
than the uses listed below, subject to districl building
and site regulations.
Any use or process that would require
an environmental review permit under Section B.A. 3.,
would require conditional use approval under Section
B.A.4., or would be prohibited under Section B.A.5.
shall fully comply with the provisions of those
sections, where applicable.
(',
';. .f
a. Manufacturing, fabrication, and
processing as follows:
(1) Plastic products, limited to
forming of plastics materials, including compounding
of resins. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(2) Rubber products, limited to
forming of rubber materials; excluding tire and
innertube manufacturing and rubber reclaiming.
Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
(3) Machine shops, welding and
metalworking shops, tinsmiths, sheet metal fabrication,
blacksmith shops; machining, stamping, cutting,
joining, forging, drawing, bending, or other forming
of metals as either a principal or accessory use.
Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
L;
EXHIBIT "0"
Zoning
44A
b. Other uses as follows:
(1) Asphalt paving, patching,
roofing, and sealcoating, excluding asphalt and tar
plants.
2000 5-14
(2) Building cleaning and
janitorial services; swinuning pool maintenance
services. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(3) Sandblasting on premises.
(4) Bulk storage, distribution,
wholesale or retail sale of topsoil, lime, gravel,
limerock, shellrock, coal, minerals, crushed rock,
sand, cinders, fertilizer, and the like, limited to an
accessory use to a building materials store, garden
shop, nursery, contractor, or other lawful principal
use.
(5) Trucking and transfer, and
moving operations.
(6) Contractors, operative
builders, and trade contractors shops and storage
areas. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(7) Parking or storage of trucks
used for the transport of septic tank waste or other
liquid wastes.
(8) Adul t 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
erecled, altered, or used, in whole or in part, for any
of the following specified uses, unless an
environmental review permit is secured in accordance
with the standards and procedures set forth in Section
11.3; provided, however, that any use or process that
would be subject to a minimum distance requirement
under Section 8.A.2., would require conditional use
approval under Section 8.A.4., or would be
prohibited under Section 8.A.5. shall fully comply
with the provisions of those sections, where
applicable.
a. Manufacturing, fabrication, and
processing as follows:
EXHIBIT "0"
Zoning
45
(1) Dairy products.
(2) Canned, frozen, or preserved
food.
(3) Beverages and bottling.
(4) Confections.
(5) Prepared meat, seafood, and
poultry products.
(6) All other food products, not
specifically permitted in Section 8.A.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) Pharmaceuticals and biological
products.
(10) Cosmetics.
(11) Plastics products, limited to
forming of plastics materials, including compounding
of resins, where such uses would be established
within the minimum distance requirement specified in
Section 8.A.2.
(12) Rubber products, limited to
forming of rubber materials, and excluding tire and
innertube manufacturing and rubber reclaiming,
where such uses would be established within the
minimum distance requirement specified in Section
8.A.2.
(13) Fiberglass fabrication and
repair, including fiberglass boat fabrication and
repair.
(14) Machine shops, welding and
metalworking shops, tinsmith, sheet metal fabrication,
and blacksmith shops; machining, stamping, cutting,
joining, forging, drawing, bending, or other fonning
of metals as either a principal or accessory use, where
EXHIBIT "0"
46
Boynton Beach Code
such uses would be established within the minimum
distance requirement specified in Section 8.A.2.
(IS) Electrical and electronic
goods involving processes other than assembly of
parts or materials.
( 16) Vehicles, transportation
equipment, and boats; farm and construction
machinery .
(17) Mobile homes, provided that
such uses shall be located west of Interstate 95.
(18) Plated ware manufacture;
industrial electroplating and anodizing as either a
principal or accessory use; replating shops.
(19) Chemical cleaning and
etching of metals, limited to an accessory use to a
lawful principal use only.
b. Commercial services and
contractors, as follows:
(1) Concrete contractors and
pumping service, excluding concrete plants.
(2) Contractors, operative
builders, and trade contractors shops and storage
areas, where such uses would be established within
the minimum distance requirement specified in
Section 8.A.2.
(3) Automobiles, buses, trucks,
and other motor vehicles; construction and farm
equipment; service, repair, rebuilding, and storage,
excluding the keeping of vehicles in violation of
Chapter 9, Article III, of the City of Boynton Beach
Code of Ordinances, and excluding automobile
service stations selling motor fuels at retail.
(4) Boat storage, service, repair,
rebuilding, and customizing.
(5) Furniture cleaning, stripping,
and refinishing.
(6) Extenninating, fumigating,
and disinfecting services.
(7) Print shops, photographic
laboratories, commercial photography; commercial
art, silkscreening, lithography, typesetting, and
blueprinting services.
(~.
(8) Unifonn, towel, and linen
supply services; industrial launderers; laundry and
dry-cleaning plants, excluding retail pickup and
drop-off on premises; carpet and rug cleaning plants.
(9) Tire recapping.
(10) Building cleaning and
janitorial services and swimming pool maintenance
services, where such uses would be located within the
minimum distance requirement specified in Section
8.A.2.
c. Storage, distribution, wholesale,
and other uses, retail display and sales shall be
prohibited unless specifically pennitted below or
elsewhere in this section.
(1) Petroleum and petroleum
products, including solvents and liquified petroleum
gas; bulk or nonbulk storage, sales, or distribution.
(~
. .J
(2) Chemicals, pesticides, and
herbicides, excluding bulk storage, bulk sales, or bulk
distribution.
(3) Bulk or nonbulk wholesale or
retail sale of solvents and cleaning preparations,
including fonnulating of cleaning preparations for sale
on premises.
(4) Industrial and medical gases;
bottled or bulk storage, sales or distribution,
excluding chlorine, fluorine, ammonia, hydrogen
sulphide, sulphur dioxide, or toxic gases.
(5) Temporary amusement parks
and rides, fairs, carnivals, circuses, and revivals,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
arterial road and the major access thereto, and that
the duration of any such use shall not exceed fourteen
(14) consecutive days within anyone-year period.
(... .
--
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-I
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 Seclion 8.A.2., would require an
environmental review permit under Section 8.A.3.,
or would be prohibited under Section 8.A.5., shall
fully comply with the provisions of those sections.
where applicable.
a. Millwork and truss plants,
provided that such uses conform to the minimum
distance requirement specified in Section 8.A.2.
b. Commercial television, radio and
microwave broadcasting or relay towers.
c. Arenas, stadiums, frontons,
convention and exhibition halls. and racetracks,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
arterial road, and shall have the major access thereto.
d. Helistops, limited to an accessory
use to a lawful principal use.
e. Cutting of sub-primal portions of
meat and pre-cut poultry into serving portions
including packaging and shipping where pre-cut
portions (entering the facility) will not exceed 10
pounds and waste generated will not exceed 1 % of
pre-cut product.
5. Prohibited uses. Within any M-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 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
EXHIBIT "0"
Zoning
47
a. Manufacturing. fabrication,
processing, and extraction as follows:
(I) Grain and feed products; crop
processing.
(2) Vegetable fats and oils.
(3) Distilling and brewing.
(4) Seafood processing.
(5) Slaughtering and rendering of
meat and poultry processing, and dressing, from
carcasses.
(6) Stockyards and feeding pens;
keeping, raising, or slaughter of livestock, horses, or
poultry .
(7) Rendering of animal or
marine fats, oils. and other products; use of
unprocessed bones, fat, hooves, horns, or other
unprocessed animal products for the production of
glue, soap, lard, oils, or fertilizer.
(8) Sugar processing and refining.
(9) Commercial production of
field or tree crops.
(10) Leather tanning, curing,
finishing. and coloring; storage ofraw hides or skins.
(11) Tobacco processing and
tobacco products manufacturing.
(12) Weaving, spinning, knitting,
dyeing, or treating of textile mill products.
(13) Pulp mills; paper and
paperboard mills; converted paper and paperboard
products not specifically permitted in Section
8.A.1.a.(8) of these zoning regulations.
(14) Chemicals and allied products
not specifically allowed elsewhere in this section.
(15) Wood preserving, pressure
treating, and drying.
EXHIBIT "0"
48
Boynton Beach Code
(16) Fertilizer, pesticides,
herbicides, and agricultural chemicals.
(17) Explosives. anununition,
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.l.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.I., 8.A.2., or 8.A.3.
(29) Drop forging.
(30) Chemical cleaning or etching
of metals as a principal use, or any chemical
descaling of metals.
2000 S-12
(31) Coal or coke fired kilns and
furnaces; coke ovens.
r-'
(32) Mining or quarrying,
including removal of rock, sand, muck, marl, soil,
gravel, or shellrock, except as incidental or necessary
for construction on the premises.
(33) Aerosol filling and packaging.
(34) Liquid, oil, or chemical
electric transformers, manufacture or rebuilding.
b. Storage, distribution, wholesale,
retail, and services, as follows:
(1) Any retail display or sale, not
specifically allowed elsewhere in this section.
(2) Farmers' markels.
(3) Flea markets, sales bazaars,
swap shops, trading posts, and the like; sale or
display of used retail merchandise, other than
completely rebuilt or refinished merchandise where
such uses would be allowed in accordance with
Section 8.A.l.
,--"
(;/i
(4) Crematoriums and the like.
(5) Explosives, ammunition,
matches, and fireworks.
(6) Bulk storage, bulk
distribution, or bulk sale of chemicals and allied
products.
(7) Compressed chlorine,
fluorine, anunonia, 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.
G
(10) Agricultural fertilizing, and
chemical pest, disease, weed, or soil treatment
services.
(11) Truck stops or automobile
service stations.
(12) Boarding kennels; guard dog
kennels and training services.
(13) Any open slOrage or display,
unless adequately screened, except that growing plants
which are stored or displayed shall not require
screening. Any exterior storage of motor vehicles or
boats in a wrecked condition shall be permitted only in
connection with a lawful principal use allowed
elsewhere in this section, and shall be adequately
screened. Furthermore, the open storage of farm
tractors and implements, shovels or cranes, and special
mobile equipment as defined by Section 316.003,
Florida Starutes shall be adequately screened.
c. Transportation, communication,
utilities, and miscellaneous uses as follows:
(I) Chemical and lOxic waste
storage or disposal; tank truck cleaning.
(2) Land fill operations.
(3) Airports, airfields, and landing
strips.
(4) Heliports.
(5) Residences and trailer parks;
use of vehicles or house trailers as living quarters.
(6) Storage, sale, salvage. transfer,
or disposal of junk, scrap, garbage. offal, refuse, or
other waste materials, except as specifically allowed
elsewhere in this section.
(7) Recycling sorting or processing
facilities.
(8) Animal disposal facilities.
(9) Incinerators of any type.
2002 S-18 Repl.
EXHIBIT "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 11.H. hereinafter.
(Ord. No. 95-23, 9 I, 8-15-95; Ord. No. 95-24, 94,
8-15-95; Ord. No. 96-03. 9 I, 3-19-96; Ord. No.
00-04,99 I, 2, 4-4-00; Ord. No. 00-34,9 1,7-18-00;
Ord. No. 01-57, 92, 11-20-01)
Sec. 8.5.
Overlay zones.
A. MARTIN LUTHER KING BOULEVARD
OVERLA Y ZONE.
I. General. With the completion of the
Vision 20/20 Redevelopment Plan, the City identified
a segment of the Martin Luther King Boulevard as an
area in need of redevelopment and revitalization. This
section is created to implement the development and
design recommendations in the Redevelopment Plan
intended to create a traditional street corridor with
DEVELOPM 'T ORDER OF THE CITY COMMlf 'ON OF THE
(" .-Y OF BOYNTON BEACH, FLORllIA
PROJECT NAME:
Boynton Commerce Center PID
APPliCANT'S AGENT:
Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc.
AGENT'S ADDRESS:
1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2,2003
TYPE OF REliEF SOUGHT: Request use approval for various uses (see file) on Lot 3B in the
Boynton Commerce Center PID
LOCATION OF PROPERTY: Lot 3B, Boynton Commerce Center PID
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The condilions for developmenl requested by lhe Applicant, adminislralive 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
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\Shared\Wp\Projects\Boynton Commerce Ctr\USAP 03-002\DO.doc
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..---- ---- .----.
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.
A. Personal Services
I. Carpel and Upholstery Cleaning
B. Manufacturing, including compounding, assembly, repair, or trealmenl of articles
or merchandise from lhe following previously prepared materials:
I. Cellophane
2. Canvas
3. Fiber (i.e., wood, except lhat furniture manufacluring requires
environmental review)
4. Fiberglass
5. Glass
6. Leather
7. Textiles
8. Yarn
9. Uses listed under Seclion 8.A.l.a.(6)' (7), (9). (]O)_ (12-15), (]8) and (21 );
Section 8.A.l.b.(]) & (3).
e.
,
Warehouse, Distribution, Wholesale
1- Any manufacturing category listed ahnC any use listed in Sections
8.A.l.c.(2), (3), (4), (6), (7), l2}lt~;d~(I6) o. fthe "M-I
INDUSTRIAL DISTRICT" Zonhrgi(egulations. and including, but not
limited to the following:
2.
Window treatment manufacturing and showroom
Glass and mirror manufacturing and distribution
Alarm system manufacturers and installers
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial flowers/plants wholesale and distribution
Retail sales are allowed for goods listed under the sections speCifiedl'
I.e.1. above, provided that less than 50% of the goods sold on the
premises are sold at retail._
.........:0'--
3.
Retail sales. of UP to 100% of sales. are allowed for goods listed under the
U
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sections specified in Le.I. above on Lot 3B onlv. for UP to 49% the grosS
ground floor square footage of the building. This retail sales 'use' is
considered ancillarv to the overall industrial uses approved for this lot.
D. Operations Center - Requiring a mix of moderate warehouse and increased office
use.
E. Offices
I. Bank Operations Center
2. Insurance Company Records Storage
3. Government Operations Facilily
4. Radioffelevision Studio
5. Nursing Registries
6. Non-Profit Trade Organization Research and Record Storage Facilities
7. Offices for contractors (work shops and outside storage and truck parking)
for contractors are specifically prohibited, however.
1_ PID Leasing Office
2. Satellite Operations Management Offices for any Light Industrial Use
Allowed in Section 8 of the .oM-I Industrial District" Zoning Regulations
3. Professional Ellg;l1\;:~liJJg Offices
II Uses requiring Environmental Review - See Planning Department for Application
A. Manufacturing, including compounding, assembling, repair, or treatment of articles
or merchandise from the following previously prepared materials:
I.
--\ 2.
.. J 3.
l
~
6.
\ ,\ 7.
8.
9.
..-\ ~
lij
12.
t )." 13.
14.
Cosmetics
Drugs
Phannaceutical
Paper
Plastics
Metal (i.e., machine shop)
Wire
Rubber
Electrical appliances, instruments, devices, and components
Auto parts and equipment
Boat parts and equipment
Airplane parts and equipment
Medical equipment, instruments, devices and components
Furniture
Boynton Commerce Center PID Use List
Page 2
15. Precision instruments
16. Engraving, printing and publishing
B. Warehouse, Distribution, Wholesale
1.
2.
3.
4. ^ ~
,1 >/
1-'
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r .
{ L','\,
,_'l<--L-(v1.-~
c'\.,:...
C' '
Seafood (excluding Processing)
Principal uses for any of lhe manufacturing categories listed under ILA.
above.
Retail sales are allowed for goods listed under Section ILA.5. above
(plastics) provided that less than 50% of the goods sold on the premises are
sold at retail.
Retail sales, of UP to 100% 0 f sales. are allowed for goods listed under the
sections sPecified in Section ILA. above on Lot 3B onlv. for UP to 49.9%
the grOSS ground floor square footage of the building. This retail sales
'use' is considered ancillary to the overall industrial uses approved for this
lot.
III All uses not specifically listed above are prohibited. Furthermore, the following uses are
expressly prohibited:
1. Fertilizer manufacturing, sale or distribution
2. ~work
3 _ Metal casting
4. Welding shops
5. Contractor's shops, storage, or truck parlcing
6. Retail sales, where the value of goods sold at retail exceeds 50% of the
total value of goods sold from the premises_
7. Any warehouse or wholesale use which is listed in Section 8.A.2.B:b.,
8.A.3.c., or Section 8.A.5.b. of the "M-I INDUSTRIAL DISTRICT"
Zoning Regulations
Parking Requirements:
Warehouse. distribution. wholesale: One (I) parlcing space per eight hundred (800) square
feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
Manufacturing: One (I) parlcing space per two (2) employees, but not less than one (I)
parlcing space per five-hundred (500) square feet of gross floor area (subject to the
conditions outlined in notes 1-3 below).
I. Showrooms associated with the principal use are permitted as an ancillary use !!Q
to a maximum 0[30% of the total grOSS floor area devoted to such use.
Boynton Commerce Center PID Use List
Page 3
2_ Offices associated with the principal use are permitted as an ancillary use with a
maximum of 25% 30% of the total gross floor area devoted to such use.
3. Office floor area which exceeds 25% 30% of the 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:
1" 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. distnbution. wholesale. showroom. and manufacturing
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.
l. Mezzanine square footage shall be limited to warehouse uses and mav utilize a
parking calculation method of one (1) parking space per 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 Commerce Center PID Use List
Page 4
08/18/2003 08:08 561689'~~9
wmS"ON L'OE A3"~
::J,:,c - f';
.-...
Proposed RerisiOllI to tbe AI'P'"
Permitted UIleS 8Bd lartd8l: Requirements lor So
(DevelopllleIlt 1)" (IllI'tmnt MeDlonl.d,
I.
Pe..."itt."f Uses, Not Requiri,Jll En"iroDllllClttal Ri,~
A Personal Services
1. Carpet arid Upholstery ClealIing
B. MaDu1iti:turing, including CODlpOllndinr. al_
or merchaDdise from the fullowing prl:\<io,1Sly
t: \ t \\O,({
~ tll\\ \0 I" 0
tn~ ~~ \r1J ~
~,o~OSI2~ '
\' r vJ~ .t~( \=<2~-E1
....\-- ti\. "{
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01 \ ~c..-P r
I, Cellophane
2. Canvas
3. Fiber (i.e., wood, except that furnil:ure IIJIIlmlhctlllillg l'IJquirts
environmental review)
4. Fiberglass
5. Glass
6. Leather
7. Textib
8. Yarn
9. Uses listed unler Se::tion 8.AI.a.( 5), (I), (9), (](l), (12-15), (If] and (:1
Section 8.A.I.h.(1) .!~ (3) of tile B<:>yDto.J Bellm Z()lllr~ COO,.
C. Warehouse, Distribution, Wooler~
1. Any ""lJIlIfioM-uring<:ateglJry- fisted abo",:, 'M any \S(' h:ed in Se :OOllS
8.A.t.e.(2), (3), (4), (6), (7), (9), (14), and (Jill) QftilC oM.l
INDUSTRIAL DISTRICT" Zol1illg Rq;ullltiom, :W;\ tllcluding,:ut 1,1)1
limited to tile iolloW!iog:
Wmdow treatment manu1l1cturir1g ;,00 SbOWJl)[)ID
Glass lUId mirmr llIllI:w.&ctwing an II distrilluti<m
Alarm systemrnanuf~ers and illstaIIers
Tile and Carpc:t wholesale:
Fumiturc who ,:sale ,,.00 distribut.ioll
Artificia.l floM,rslplaolt5 wholesaleHnd distribution
Paper
Plastics
Metal (i.e. mae biDe silop)
Rubber
Eleetr.iI:al appIiWlCeS" instrutmmts, devices, alll:l COIDJIO\J!ltllS
Boat parts and equipment
0'8/l8/:'003 08: 08
. .
56168g~rsg
Wll"S"ON L~E ASS"
',,( (':
Air.P- part~1 and equipmem
Medical equ~lIDent, iIlstruments, ,levices IIDd coap-muts
Furniture
Pm:isioD instJ'\I1IIelJls
EngraviDg, pIloting and PUblishql
2. Retell Well 8n: aIIoww for goods listed ul1dl:3r thl: lI'CtiOIlS specified in
I.C_I. above, providoo that less tbtIn 50% of the 1!o<lds oold on I he
premises lII:e ~old at retail with tht f;All<;ption. of tte IU'eiI desi,gnaled ('0 Lc
3B as industrhll, which shaD be a.B:.wed Re' 1'I~ai1 uhs.
3. Retai1 sales, ol'up tel 100% ofsale:l, are allowed hI.' go<x1s lime<:: und::r lib.
~ llpeCilied in l.C.1. above no 1.0, 38 only, 1(r 1J;' to 4~'<. the ill' ,,~
ground floor lqulUe rootage of the buiki.in;g, V/itl1th~ (l10epti0o, If
8.AJ.c.(14). The specific IIflell within the <:ocle sectio:l:l SA1.e (2), (31
and 'furniture" sbaIl be limited to I\lDlOOmmllloo:r uu of 1{I,O(() sq l8 rc
feet. This sqllrtre tootage sbaI1 be located in tJ1e WelteN lU'llIl of lhe
buiding and dtlpicted on the apptN'eCf site prillD. ~'lie J~taiI sales 'US(' i>
considered llI!<;iIIary to the overall i1ld\lsl:rillll.l:1e! IPJlIO''Cd li:-r rl " PID
D. Operalions Center. Requitbg a mill: ofm:ldera!e Wldebo- lS: mld increalild cff',::c~
use.
1.
2.
3.
4.
5.
6.
7.
E. ot'Ikes
1.
2.
3.
Bank OpemtiollS Cerrter
Insurance Coril'BDY Records St,oroge
Go.....DUlIi\1Jt Operations F~'
Radio/felevision StI,dio
Nursing RePines
Non-Profit Tr:lde Organi:rationRe!le8l'ch and :Recol'll)foIllg(~ FM:iliti:lS
Offices fur cootract01'8 (work: !hops and outside stOJ'lllI')and ':ruck potk:nl!.
fur contractor'llII:e specifica1Jy prohibited, I1ovrever.
.j'.
,,'
~ '
Pm Leasing Office
Satellitc OperatioDllM.an/lgenllmt Offices for MY l.igh: Indusiri>Ji US(
Allowed in Se-~tion 8 oftlle ''M-I ::odustrilil Distri:t" Zoning Re::ulatio'ls
Probional E~ring Oftkes
n Uses requirins Euvil'Ol)Ule(lt&\ Review . See Pkdlr:ing Department Ii)r Applicatkll
A Manufilcturiog, inclucl!ing compo,mding. &<sembliJJg, repair, orimiUllClI of~rtk:I('
BoyntOJ:i Connnen::e Ceoter nD Cse L~t
Page 2
08/l8/:'003 08: 08 551589F--9
WINS'-ON Li:::E A33r
~14(:: ~ '1
or macl,AMi"" from t.be tOUowing previc ".JSIy Jll'CpIlrOO. Dlal:eJillls:
1. Cosmetics
2. Drugs
3. Pbannaceutkaf
4. Paper
S. Plastics
6. Metal (i.e., mllcbine shop)
7. Wire
8. Rubber
9. EJectrk:al applialll:es, instrumerrts, devices, and oompor.enls
10. Auto parts anl~ equipment
11. Boat parts and equiJlIIIllOl
12. AiJ:pw., pllrtli lIIIlI equipment
13. Medical eqWp,nent, iIlslrumems, Cievice1 and oomlK'mJlts
14. Fumiture
15. Precision instnlll:ats
16. EIIgnIVing. prilIling and publishing
B. Warehouse, Distributi,m, Wbo1e:lIIIe
1. SeafOod (exckding Processing)
2. Principal lIlIeS till' any of the llllI!JU:~ilcturiDg categcD:S listed 1l00~ ITA
abo~.
3. Retail sales lIl'l: allowed fur goods listed under S<<ulIllI.A.5. abow
(p1a5tics) 1'W,'jded tlIlIt less than SO% of the good, f:o)d on the premi~; a;' :
sold at retaiJ, tl>roepting the eastern portiOI' of the bIIiklill8 on Lot 3B
designated 1I$~:ial, which 011 not be a11owoi retail_So
ill AD uses not specific:alJy Iistec! above are probibito:l FurtlaDlore, tllt lbllowing use:: a:,:
~es..1y prohibited:
1. Fcrtili:;!Jer 1DIIlX11h:tw:ing, iialc or di:ltributkm
2. Millwork
3. Metal caoho,g
4. Welding shop';
5. Cont:ractor's ~1Jl)JlB, lltooI3e. or tnJ,* park:ito!:
6. Rctailllllles, where the value of gor.Jds sc,1d at r.etail (:xceeds 50% ofthe
total value ofJ!foods 301d from the ,xemiillC3 wiilh tile CX(:eptiooo.fthe lII''.'a
designated on Lot 3B os industriaI,. whicb llllldl be Blo....e<! no ret.w llllk,.
7. Anywarehoure or wholesale use vA1ichis Hsted in S~tioIl8-A.2 B:1!"
8.A.3.c.., or Sc:<ltion a.A.5.b. ofthe"M-j, INDUSTRIAL DISTRICT'
Boynton Commerce Center PID Use Lilt
Page 3
.
08/]8/2003 08:08
561689~--9
WINSTON LI:E ASS~
Jr4( ~ ~;
-. .
Zoning ReguI:itions
ParJdng Requimnents:
Warehnuse.. distribution.. wIx1~; One (1) pm:king Sfll(e F eiglil lFJJ.llIred (foo) SlJUm' ,
teet of gro~ floor area (subject to tile oonditioos outlined in notes 1.3 below).
MlInI.6ritll'insl: One (I) parking spaee per two (2) emplo;Yee8, bt;t lIot less bian one (1)
parking space per live-~ (500) square fi:et ufgross floor Inn (S'lijecf to the
conditions outlined in notes 1-3 below).
1. ShowroolllS 8SSOCiatc;d with the p..~ use are i"'<w.itred lIS Ul aoc:iDary use :Ip
to a IIllIlcl.1wm of30% oftbe total gross fklOr area devoted to fuch use.
2. Offices ll&'lOOiat...! with the plincipal use lII:e perlDitt<<l lIS :m lD:ilIary WJ;: with "
IDlIXimum of25%- W:r. oftbe total gross floor area devoted to lIICb 11l!C
3. o.tIice floor area wbich ~ Z5% ~ ofthlJ WtaI gross t!())r lIRa ~haD 1 II:
coIIlJidefed a jllio"ipa1'. and sbaII provide parking at the Me of one (I) plUkiag
space per three mllld...! (300) 8qlIIl1:'e fi:et oftk gmrn gros; fk<;)l' lI[l:ll devotee) 1(,
such use.
Lot 3B: The ~ .....lM"att:inmer.bods to be uti1imd for!.eot 3B EIfcUS fulllllY-1i
1. Retail: The potentillI retailllqll8l'e fOOtage (up to 4.9% of1:bl {:Joss ~'OlIlld tl)(}f
sqUlll'e tbotage), sbaDl'equire one (I) park),1Ig spac: J1f'l' tv'Q muKlred (2m) S'ltl:t:.e
filet.
2. Blended Rate: Warehouse. distribution, wholesale, slIOWOC'O 11, nnd mllDllJlilct1 uiOI~
uses sbaIl have the option to 1ltihe a bknd,,ct rate of one (I) p~ting SJlao-.e p"r
live-hundred (500) sqt!.1re filet of gross &01 area.
3. M'_m- square fuotnge sbaJI be limited ,to wa::-eIIOIJiIC we: 8l1d ma:' t.'l ilize a
parking cak:ulation method of 000 (1) pllrlnng S(lI(e :per ei gI il lundred (:,00)
square filet of SJ'Oss 11o;">r lU'Ua.
Ooerations Cr.nt....: One (1) ~rldng spaee per thre1J 1wD:Irc:d (300) squllre f'et1 0;' gross
floor area devoted to office \Ill<e and one (I) parkinl~ 8palle per eight h1;lI!dred (800) SC\Wre
filet of groll8f1oor are devoted to warebouse 1llIe. 'Nher>, bOUl ofiicc' ad waleh(lJSe 1lBJ"
ate int(:l.iLliA.:d, parIdng sball b: caIcuJated bused 0:1 the requlremeill b oftie<, USll.
PcrsoD8l ~ lmd Offices: One (I) parking sp8lOe pe.r tllrllfl hll'ld red lIqU1li:'e he!: of
gross !Ioor lI[l:lL
Boynton Commerce Center PlD Use List
Page 4
(5) Septic tank, sewer, and drain
cleaning and repair services, excluding storage,
treannent, transfer, dumping, or disposal of waste on
premises, provided that trucks used for the transport
of waste shall be parked and stored in conformance
with the minimum distance requirement specified in
Section 8.A.2.
(6) Packaging and labeling
services, excluding handling of materials prohibited in
Section 8.A.5.
(7) Lawn, garden, and tree
maintenance services; landscaping contractors.
(8) Recording and motion picture
studios.
(9) Catering and food services.
(10) Data processing services.
(11) Research and development
laboratories.
(12) Commercial testing
laboratories.
(13) Medical and dental
laboratories.
(14) Upholstery and carpet steam
cleaning businesses.
(15) Towing companies with
exterior storage.
(16) Vegetation recycling as a
conditional use to a solid waste operating and
recycling facility.
c. Storage, distribution, and
wholesale uses; retail display and sales shall be
prohibited unless specifically allowed in Sections
8Al., 8.A.2., or 8.A.3.
(1) Warehouses, self service
storage facilities (mini-warehouses) in accordance with
Section 11.0 storagelockers, and cold storage,
excluding uses specifically prohibited in Section
8A5.
1996 S-l
Zoning
43
@ Industrial, commercial, office,
professional, and business machinery, equipment,
fixtures, tools, and supplies, excluding uses
specifically prohibited in Section 8.A.5.
/(3)) Household goods; storage,
wholesale and distrThlrtion 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.
~ Building materials, home
improvement stores, lumber, door and window
hardware, shades, shutters, blinds, and awnings;
fencing, roofmg, flooring, carpeting, tile, hardware,
tools, paint, wallpaper, shelving, cabinets, furniture,
partitions, kitchen and bathroom fixtures, pools and
spas, glass and mirrors, plumbing and eleclrical
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.
'2-t.! €' Pumps, generators, motors,
fire protection equipment, and irrigation equipment,
including retail sales.
1.- S lt7))Heating, cooling, ventilating,
refrigeration, sola~ergy, water conditioning and
heating systems and equipment, and major appliances,
including retail sales.
(8) Pre-fabricated sheds, including
retail sale.
.zJo /(9j)Nurseries, greenhouses, lawn
and garden equipm~ ~~ols, and supplies, including
retail sale.
(10) Monuments and gravestones,
including retail sales.
(11) Feed and farm supplies.
excluding uses specifically prohibited in Section
8.A.5.
(12)
equipment, construction
Trucks, buses, farm
machinery, and utility
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 in violation of
Chapter 10, Article III of the City of Boynton Beach
Code of Ordinances.
c"
~ 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-Iation services,
where such services lawfully exist.
(15) Mobile homes, limited to
areas west of Inlerstate 95.
n ~Ice and dry ice, including
retail sales.
(17) Live fish.
d. Transportation, connnunication,
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
messenger service.
express and
(3) Railroad switching yards,
freight stations and terminals, storage facilities, and
shops.
(4) Recycling pick -up facilities for
paper, glass, and cans from households.
(5) Trade and industrial schools.
(6) Radio or microwave receivers
or transmitting towers, as an accessory use to a lawful
principal use.
(7) Ambulance dispatch service.
(8) Community centers, operated
by non-profit organizations, provided that no more
than 40% of the floor space is devoted to office use.
(Ord. No. 96-03, ~ 1,3-19-96)
2000 S-14
e. Any commercial use which is not
specifically listed as a permitted or conditional use in
any other zoning district, and which is not listed as a
prohibited use in the M-l Zoning District.
2. Permitted uses subject to distance
requirement. Within any M-1 industrial district, no
building, structure, land, or water, or any part thereof
shall be erected, altered, or used, in whole or in part
for any of the following uses, unless a minimum
distance of three hundred (300) feet is maintained
between the use and residential-zoned property. Said
distance shall be measured along a straight airline
route from the property line of residential-zoned
property to the building or portion of the lot where the
specified use is located, except that those portions of
the lot or structure which are located within the
minimum distance may be used for lawful uses other
than the uses listed below, subject to district building
and site regulations.
Any use or process that would require
an environmental review permit under Section 8.A.3.,
would require conditional use approval under Section
8.A.4., or would be prohibited under Section 8.A.5.
shall fully comply with the provisions of those
sections, where applicable.
~.
'l _~./
a. Manufacturing, fabrication, and
processing as follows:
(1) Plastic products, limited to
forming of plastics materials, including compounding
of resins. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review pennit.
(2) Rubber products, limited to
forming of rubber materials; excluding tire and
innerrube manufacturing and rubber reclaiming.
Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
(3) Machine shops, welding and
metalworking shops, tinsmiths, sheet metal fabrication.
blacksmith shops; machining, stamping, cuning,
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.
c