REVIEW COMMENTS
7.D .1
BOYNTON COMMERCE CENTER
(USAP 03-005)
USE APPROVAL
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-016
STAFF REPORT
TO:
Chairman and Members
Planning and Development Board and City Commission
DATE:
Michael Rumpf
Director of Planning & Zoning
Eric Lee Johnson, AICP ~
Planner 0
January 22, 2004
THRU:
FROM:
PROJECT NAME/NO:
REQUEST:
Boynton Commerce Center PID / (USAP 03-005)
Use Approval for building cleaning / janitorial services
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 03-005) Staff Report
Memorandum No PZ-4-016
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 a. 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 use approval list includes a
wide variety of uses and intensities, which range from very industrial to commercialized industrial-type uses.
The commercial uses allow for showrooms and retail spaces for 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. For clarity in the staff report, staff's analysis and recommendations are italicizedbelow
the corresponding revision.
Exhibit "B" shows Ms. Brinkman's proposed modifications to the Permitted Use List of the Boynton
Commerce Center Planned Industrial Development (PID). Please note that the only proposed changes are
to add "building cleaning / janitorial services" as an approved use (see page #4 below), and to add a
corresponding parking ratio for this proposed use (see page #5). The proposed changes are as follows
(underlineg};
I. 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.
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 Boynton Beach Zoning Code.
No change proposed.
C. Warehouse, Distribution, Wholesale
Boynton Commerce Center (USAP 03-005) Staff Report
Memorandum No PZ-4-016
Page 3
No change proposed.
1. Any manufacturing category listed above, or any use listed in Chapter 2, Section
8.A.l.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 components
Boat parts and equipment
Airplane parts and equipment
Medical equipment, instruments, devices, and components
Furniture
Precision instruments
Engraving, printing, and publishing.
No change proposed.
2. Retail sales are allowed for good listed under the sections specified under I.e.l., 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.
No change proposed.
3. Retail sales of up to 100% of sales, are allowed for goods listed under the section specified
in (Section LC1.) above on Lot 3B only, for up to 49% the gross floor square footage of
the building, with the exception of 8.A.1.c. (14). The specific uses within the code sections
8.A.l.c. (2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square
feet. This square footage shall be located in the western area of the building and depicted
on the approved site plan. This retail sales "use" is considered ancillary to the overall
industrial uses approved for this lot.
No change proposed.
D. Operations Center - Requiring a mix of moderate warehouse and increased office use,
1. Bank Operations Center
2. Insurance Company Records Storage
Boynton Commerce Center (USAP 03-005) Staff Report
Memorandum No PZ-4-016
Page 4
3. Government Operations Facility
4. Radio / TV studio
5. Nursing Registries
6. Non-profit Trade Organization Research and Record Storage Facilities
7. Offices for contractors (work shops and outside storage). However, truck parking for
contractors is specifically prohibited.
No change proposed.
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 categories listed under II.A. above.
No change proposed.
3, Retail sales are allowed for goods listed under the sections speCified under II.A.S.,
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.
No change proposed.
r- Qtter. U;,CS__t~_~~JQJ10Y{~;
1. Building c;ICa!ling J!ldJillllto!igl_~iCrYLC;E:'5.
The proposed use 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 use. The proposed use is a
Boynton Commerce Center (USAP 03-005) Staff Report
Memorandum No PZ-4-016
Page 5
permitted use in the Industrial (M-l) zoning district. However, in the M-l zoning district,
an environmental review permit is required when the subject property is located within 300
feet of residentially-zoned property. For simplicity, the applicant is requesting the
proposed use require an environmental review permit regardless of its location within the
PID. Staff has no objection to this stipulation that an environmental review permit be
required prior to the issuance of an occupational license. It is staff's opinion that these
provisions would better satisfy current demands for 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.
III. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly
prohibited:
1. Fertilizer manufacturing, sale, or distribution
2. Millwork
3. Metal casting
4. Welding shop
5. Contractors'5hops, 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 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, 8.A.3.c., or Section
8.A.5.b. ofthe "M-l INDUSTRIAL DISTRICT",
No change proposed.
Parking Requirements:
Warehouse. distribution. 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).
Manufacturinc/Buildinc cleaninc and ianitorial services: 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).
According to Chapter 2, Section l1.H,16.f.(1) of the Land Development Regulations,
manufacturing and industrial uses shall require one (1) parking space per 500 square feet of gross
floor area, Staff has no objection to the above referenced parking methodology of one (1) space
per 500 square feet of gross floor area, This self-imposed restriction is consistent with the parking
required in Chapter 2, Section l1.H.16,f. of the Land Development Regulations, A previous staff
recommendation approved by the City Commission in a previous request for use approval (USAP
03-002) for the Boynton Commerce Center PID limits the showroom space to no more than 30% of
the gross floor area of a bay.
1. Showrooms associated with the principal use are permitted as an ancillary use up to a
maximum of 30% of the total gross floor area devoted to such use.
No change proposed.
Boynton Commerce Center (USAP 03-005) Staff Report
Memorandum No PZ-4-016
Page 6
2. Offices associated with the principal use are permitted as an ancillary use with a
maximum of 30% of the total gross area devoted to such use,
No change proposed
3. Office floor area which exceeds 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 300
square feet of the entire gross floor area devoted to such use.
No change proposed
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 floor square
footage) shall require one (1) parking space per 200 square feet.
No change proposed
2. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses
shall have the option to utilize a blended rate of one (1) parking space per 500 square
feet of gross floor area.
No change proposed
3. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking
calculation method of one (1) parking space per 800 square feet of gross floor area.
No changes proposed
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
Boynton Commerce Center (USAP 03-005) Staff Report
Memorandum No PZ-4-016
Page 7
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.
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.
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 Code or 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 Chapter 9 of the Land Development Regulations,
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
Boynton Commerce Center (USAP 03-005) Staff Report
Memorandum No PZ-4-016
Page 8
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.
1. 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. Electromagnetic Interference: 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: 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.
RECOMMENDATION
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.
Staff recommends that the above requests for use approval be approved. Additional comments
recommended by the Planning & Development Board or City Commission would also be included in Exhibit
"C" - Conditions of Approval.
S:\P1anning\Shared\Wp\Pro]ects\Boyntoo Commerce Ctr\USAP 03-{)()2\Staff Report .doc
EXHIBIT "A"
..
1 in. = 325.0 feet
W OLBRIGHT
---
C3
--i
I
/
,
,
I
,
,
I
,
I
/
,~)
I ,') ~-_.\-).,
LOCATION MAP
BOYNTON BEACH COMMERCE CENTER
~
EXHIBIT "B"
Proposed Revisions to the Approved List of
Permitted Uses and Parking Requirements for Boynton Commerce Center PID
I. Permitted Uses, Not Requiring Environmental Review Approval.
I. Personal Services
I. Carpet and Upholstery Cleaning
2. Manufacturing, including compounding, assembly, repair, or treatment of articles
or merchandise from the following previously prepared materials:
I. 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,I.a.(6), (7), (9), (10), (12-15), (18) and (21);
Section 8.A.I.b.(I) & (3) of the Boynton Beach Zoning Code.
3, Warehouse, Distribution, Wholesale
I. Any manufacturing category listed above, or any use listed in Sections
8.A.I.c.(2), (3), (4), (6), (7), (9), (14), and (16) ofthe "M-I INDUSTRIAL
DISTRICT" Zoning Regulations, and including, but not limited to the
following:
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
Paper
Plastics
Metal (i.e. machine shop)
Rubber
Electrical appliances, instruments, devices, and components
Boat parts and equipment
Airplane parts and equipment
EXHIBIT "B"
Medical equipment, instruments, devices and components
Furniture
Precision instruments
Engraving, printing and publishing
2. Retail sales are allowed for goods listed under the sections specified in
I.C. I, 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.C. I. above on Lot 3B only, for up to 49% the gross
ground floor square footage of the building, with the exception of
8.A.I.c.(l4). The specific uses within the code sections 8.A.I.c,(2), (3)
and 'furniture' shall be limited to a maximum floor area of 10,000 square
feet. This square footage shall be located in the western area of the
building and depicted on the approved site plan. The retail sales 'use' is
considered ancillary to the overall industrial uses approved for the PID.
4. 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. Radio/Television 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.
5. Offices
I. PID Leasing 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
I. Manufacturing, including compounding, assembling, repair, or treatment of
articles or merchandise from the following previously prepared materials:
Boynton Commerce Center PID Use List
Page 2
EXHIBIT "8"
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
2. Warehouse, Distribution, Wholesale
I. Seafood (excluding Processing)
2. Principal uses for any ofthe manufacturing categories listed under II.A.
above.
3. Retail sales are allowed for goods listed under Section II.A.5. above
(plastics) provided that less than 50% of the goods sold on the premises
are sold at retail, excepting the eastern portion of the building on Lot 3B
designated as industrial, which shall not be allowed retail sales.
( Ii.ill'! U'~~", " ' Ii! 1!,
I ~ llll d i l_~~ _L'] l_\ll1111.1:'.__;)1 hi ] ,1111 l\ H'I~tI "\..'1"\ Ill'"
III All uses not specifically listed above are prohibited. Furthermore, the following uses are
expressly prohibited:
I. Fertilizer manufacturing, 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 exception of the area
Boynton Commerce Center PID Use List
Page 3
EXHIBIT "8"
designated on Lot 38 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,c., or Section 8.A.5.b. ofthe "M-I INDUSTRIAL DISTRICT"
Zoning Regulations
Parking Requirements:
Warehouse, distribution, wholesale: One (I) parking space per eight hundred (800) square
feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
Manufacturing/Building cleaning and ianitorial services: One (I) parking space per two
(2) employees, but not less than one (I) parking 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 up
to a maximum of 30% 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 of 30% of the total gross floor area devoted to such use.
3. Office floor area which exceeds 30% of the total gross floor area shall be
considered a principal use and shall provide parking at the rate of one (I) parking
space per three hundred (300) square feet of the entire gross floor area devoted to
such use.
Lot 38: The parking calculation methods to be utilized for Lot 38 are as follows:
4. Retail: The potential retail square footage (up to 49% of the gross ground floor
square footage), shall require one (I) parking space per two hundred (200) square
feet.
5. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing
uses shall have the option to utilize a blended rate of one (I) parking space per
five-hundred (500) square feet of gross floor area.
6. Mezzanine square footage shall be limited to warehouse uses and may utilize a
parking calculation method of one (I) parking space per eight hundred (800)
square feet of gross floor area.
Operations Center: One (I) parking space per three hundred (300) square feet of gross
floor area devoted to office use and one (I) 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 (I) 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 03-005
Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision Request
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
ELJ
S:IPlanningISHAREDlWPIPROJECTSIBoynlon Commerce CtrlUSAP 03.005ICOA.doc