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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561.742-6259 ~ '....(". '. ' (\ ;, i__ ;;l;.\';:.., j, ,..if'''\._ "/<c.< I"./V- l();~ v_>' August 23, 2004 ~.boynton-beach.org Ms. Joni Brinkman, AJCP Winston Lee & Associates 1532 Old Okeechobee Road - Ste. 106 West Palm Beach, Florida 33409-5270 Re: For: File No.. Location: Boynton Commerce Center - Lot 3B Use Approval (NC Installation/repair with Truck parking) (USAP 04-004) South of Woolbright Road on Corporate Drive Dear Ms. Brinkman: Enclosed is the City of Boynton Beach Development Order for application item (USAP 04-004), which represents the amendment of the list of approved uses for the Boynton Commerce Center, Lot 3B. This request was for use approval for Lot 3B having use options of air-conditioning installation and repair business with associated truck parking. The City Commission approved this use approval on August 3, 2004, with the noted conditions. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, Wv Michael W. Rumpf Director of Planning & Zoning MWR:jdc Attachment: Development Order Conditions of Approval S:\Plannin9\5HARED\WP\PROJECT5\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\U5AP 04-004 Trades-Trucks\Approval letter after CC.doc EXHIBIT "B" Proposed Revision to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID May 17, 2004 . I. Permitted Uses, Not Requiring Enviromnental Review Approval. A Personal Services 1. Carpet and Upholstery Cleaning 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 manufucturing requires enviromnental review) 4. Fiberglass 5. Glass 6. Leather 7. Textiles 8. Yarn 9. Uses listed under Section 8.A.l.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.A.I.b.(1), (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distnbution, Wholesale 1. Any manufucturing category listed above, or any use listed in Sections 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-I INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufucturing and showroom Glass and mirror manufucturing and distnbution Alarm system manufucturers and installers Tile and Carpet wholesale Furniture wholesale and distnbution Artificial flowers/plants wholesale and distnbution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Furniture Precision instruments Engraving, printing and publishing " Air ConditionilluJleating, ar\~LL9oting_yV,!rg;JmtJ.5.e. Dislribu1imElpc! Jns1.0H.~tJjQti'_ EXHIBIT "8" 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. L above on Lot 3B only, for up to 49"/0 the gross ground floor square footage of the building, with the exception of 8.A.I.c.(I4). The specific uses within the code sections 8A 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. a. Dance Instruction is allowed only in the portion of the building on Lot 3B designated as retail. D. Operations Center - Requiring a mix of moderate warehouse and increased office use. I. Bank Operations Center 2. Insurance Company Records Storage 3. Government Operations Facility 4. RadiolTelevision Studio S. Nursing Registries 6. Non-Profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. E. Offices 1. PID Leasing Office 2. Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-I Industrial District" Zoning Regulations Boynton Commerce Center PID Use List Page 2 ." EXHIBIT "B" 3. Professional Engineering Offices II Uses requiring Enviromnental Review - See Planning Department for Application A. Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: 1. 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 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, Distnbution, 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 II.A5. 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 indnstrial, which shall not be allowed retail sales. C. Other uses as follows: 1. Building cleaning and janitorial services III All uses not specifically listed above are prolubited. Furthemwre, the following uses are expressly prolubited: 1. Fertilizer manufucturing, sale or distnbution 2. Millwork 3. Metal casting Boynton Commerce Center pm Use List Page 3 4. 5. 6. Well shops Contractor's shops, storage, or truck parking 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. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8A5.b. ofthe "M-I INDUSTRIAL DISTRICT" Zoning Regulations EXHIBIT "B" 7. Parking Requirements: Warehouse. distnbution. wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manufucturinl.!!BuildinlZ cleaning 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). 1. Showrooms associated with the principal use are permitted as an ancillary use up to a maximum ofJO% 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 (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, distribution, wholesale, showroom, and manufucturing 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 3. Me=>>"me square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Ooerations 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 (I) parking space per three hundred square feet of gross floor area Boynton Commerce Center PID Use List Page 4 Dlvelopmlnt paz Bulldln; En;ln..,ln; Occ. Llc.n.. Dlputy City Clerk DEVELOPMf T ORDER OF THE CITY COMMIS IN OF THE C, I"Y OF BOYNTON BEACH, FLORIDA 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: August 3,2004 TYPE OF RELIEF SOUGHT: Request use approval to allow air-conditioning installation & repair business with associated truck parking on Lot 3B in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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 TH IS 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 conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "CO 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. DATED: ~ 7. Other City Clerk S:\Planning\SHARED\WPlPROJECTSlBoynton Commerce CIr\Boynton Commerce Ctr. Lot 3BIUSAP 04-004 Trades-TruckslDO.doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" I I I , I i I , I I \ \ ~ ! ;" I ;; j i '1= I: I I It PCD i , i , i I , ! , i I ; \ I / \, : / , ;E j' . rat \~/ \~J ' y/ ~3 / I / L I I I I I i I I I I i , I I I I , , , ) , o( I III o ~ @ III o I I (PU I 1111rnl~1 t I!H t-fli . -- -^- "y' s . EXHIBIT "e" Conditions of Approval Project name: Boynton Commerce Center Pill File number: USAP 04-004 Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision ReQuest DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: I. The applicant shall submit an updated Boynton Commerce Center Pill master X plan showing current parking configuration, requirements, and excess parkin!! Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT spaces. Staff will verify for completeness and accuracy prior to the issuance of the first occunationallicense on Lot 3B. 2. Propose the following language under the I.D.7. heading: X Offices for contractors (work shons outside storal7e and truck narkinl7). However oversized vehicles and / or associated elluinment for contractor are snecificall" nrohibited from narkin" within the confines of the standarc narkinn stalls. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conunents: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Conunents: 4. To be determined. ~ ELJ S:IPlanningISHAREDlWPIPROJECTSlBoynlon Commerce Clr\Boynlon Commerce CIr. Lol3BIUSAP 04-004 Trades-TrucksICOA.doc I ~inston ee . SSOclates, Inc. EXHIBIT "0" Landscape Architecture Land Planning F.S.L. #LC Clio May 17, 2004 rn~@~n~~(f~~1 o r----'-- _ _ _ n~ I I' ': "i MAY, 72004 L.___ ! --- J ....., ., Mr. Michael Rumpf: Director ofplanning & Zoning Planning & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 i ~.-._-". RE: Boynton Commerce Center Planned Industrial Development Use List Revisions Request to Allow an Air Conditioning InstaUation & Repair Business, with Associated Truck Parking Our File No. 02-030.06 Dear Mr. Rumpf: At your direction, and subsequent to verbal and written communications, this letter shall serve as a request for use approval to allow an air conditioning installation and repair business, with truck parking, to locate within the building currently under construction on Lot 3B within the Boynton Commerce Center. The use being proposed is an air conditioning and heating business which does new installations, replacements and repair of residential and commercial a/c units. The use is proposed to occupy a bay totaling 3,162 square feet, being comprised of an office consisting of 600 square feet and warehouse/shop area consisting of the remainder. The business has four standard size commercial vans and one small size box truck. One of the vans is the owner's and is taken home each night, as typically are at least two (2) additional vans. However, the business owner would like the ability to park any number of the vehicles on the site overnight unrestricted, as is allowed for similar uses in other Planned Industrial Parks within the City. The current use list allows contractor shops and storage under the Operations Center, which requires an increase office component. However, it specifically prohibits truck parking. I would like to offer that the use being proposed in not a 'contractor', but a trade. A contractor is defined as a person or firm that contracts to build things, while a trade involves the performance of skilled work. I have attached a print out from the Skilled Trades website (www.skiledtrades.com)whichlistsconstruction and industrial trade categories. The list includes various trades, such as electrician, floor covering installer, glazier and metal mechanic, painter, plumber, refiigeration and air-conditioning mechanic, sprinkler and fire protection installer, etc. A review of the approved use list will reveal that many of these uses are allowed under Section I.C.I. 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409-5270 Tel: 56]-689-4670 . Fax: 56]-689-5559 . E-mail: winstonwla@aol.com '. EXHIBIT "0" Mr. Michael Rumpf May 17, 2004 Page 2 The nse requested is allowed in the M-I zoning district/indnstrialland use category throughout the City and fits very well into a 'flex type' building such as the one being constructed on Lot 3. Actually, the current attached use list under Section I. C.I. already allows the uses as listed in Section 8A I.c.(7). of the Boynton Beach Zoning Code. Section 8A l.c. heading describes storage, distnbution and wholesale uses allowed and item (7) specifically allows: (7) Heatin2. coolino. ventilating, refrigeration, solar energy, water conditioning and heating systeIllS and equipment, and major appliances, including retail sales. It is important to note that many of the approved uses under Section I.C.~. have an 'installation' component involved in the operation, as that is the nature of the businesses. For example, under Section 8Al.c.(4), many of the building materials listed, such as shades, slu1tters, blinds, awnings, carpeting, tile, etc., would offer installation as part of their business. Conversations with the potential user also support the presumption that the proposed use is a warehonseldistnbution use allowed under the current use list. The majority of the square footBge is being proposed for a warehouse area where supplies will be stored prior to being taken to job sites. Thus, both the warehouse and distnbution aspects are being performed by the bnsiness. Warehouse and distnbution uses are allowed iD. the pm with no restrictions related to truck parking associated with those uses. Based upon the above justification, I would like to respectfully request that you reconsider the requirement that a use list revision would be required in order to allow this bnsiness to locate within the PID. It seems to fonow that. if the use is considered allowed under the warehonseldistnbution list and is considered a trade rather than a contractor it would. therefore. have no restrictions on truck DllI'kino. Again, other warehonseldistribution uses allowed in the PID do not have restrictions on truck parking. If it is determined that a use list revision is required, I would be proposing to simply add the use of "Air Conditioning, Heating and Cooling Warehouse, Distnbution and Installation" under Section I.C.l. (see attached list). This would be in addition to the use being listed under the aforementioned item (7). I believe the addition at this section of the use list will make any concerns regarding truck parking for contractors mill and void. Please be aware that the attached list takes into account the current request to allow a dance studio on Lot 3B. That request will be heard prior to this application and I can revise the list if necessary after action has been taking on that item. .' EXHIBIT "D" Mr. Michael Rumpf May 17, 2004 Page 3 Please feel free to call with any questions you may have or if you need any additional information. Sincerely, ~'~ Jom Brinkman, AlCP Project Planner cc: Seth Wise, Levitt Commercial Colleen Mohr, Levitt Commercial EXHIBIT "E" - DEFINITION The 2003 Florida Statutes, Title XXXII, Chapter 489.105 "Class A air-conditioning contractor" means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. "Class B air-conditioning contractor" means a contractor whose services are limited to 25 tons of cooling and 500,000 Btu of heating in anyone system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system being installed under this classification, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. Class C air-conditioning contractor" means a contractor whose business is limited to the servicing of air-conditioning, heating, or refrigeration systems, including any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system, and whose certification or registration, issued pursuant to this part, was valid on October 1, 1988. No person not previously registered or certified as a Class C air-conditioning contractor as of October 1, 1988, shall be so registered or certified after October 1, 1988. However, the board shall continue to license and regulate those Class C air-conditioning contractors who held Class C licenses prior to October 1, 1988. S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades- Trucks\Contractor Deflnltlon.doc