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
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August 23, 2004
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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!
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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
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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"
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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. ~
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S:IPlanningISHAREDlWPIPROJECTSlBoynlon Commerce Clr\Boynlon Commerce CIr. Lol3BIUSAP 04-004 Trades-TrucksICOA.doc
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SSOclates, Inc.
EXHIBIT "0"
Landscape Architecture
Land Planning
F.S.L. #LC Clio
May 17, 2004
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': "i MAY, 72004
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Mr. Michael Rumpf: Director ofplanning & Zoning
Planning & Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
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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