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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office ~ August 3, 2004 (Noon.) July 19, 2004 0 October 5, 2004 (Noon) September 20, 2004 0 August 17. 2004 (Noon) August 2, 2004 0 October 19,2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Connnission Agenda under Consent Agenda. The Planning and Development Board with a 7 to 0 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-174. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center Lot 3B (USAP 04-004) Joni Brinkman, AICP I Winston lee & Associates, Incorporated Levitt Commercial South ofWoolbrigbt Road on Corporate Drive Request Use Approval for air-conditioning installation and repair business with associated truck parking on Lot 3B only. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature lanning City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\P OJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades-Trucks\Agenda Item Request Boynton Commerce Ctr Lot 3B USAP 8-3-o4.doc S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-174 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning & Zoning FROM: Eric Lee Johnson, AICP Planner ff DATE: July 22, 2004 PROJECT NAME/NO: Boynton Commerce Center PID / (USAP 04-004) REQUEST: Use Approval for air-conditioning installation & repair business with associated truck parking on Lot 3B only PROJECT DESCRIPTION Property Owner: Levitt Commercial Agent: Jonl Brinkman, AICP / Winston Lee & Associates, Incorporated Location: Lot 3B, Boynton Commerce Center PID Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: Air-conditioning installation & repair business with associated truck parking on Lot 3B only (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); Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 2 East: Right-of-way for the C.S.X. Railroad, then farther east is right-of-way for Interstate 95; and 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 Ms. Jonl 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 (see Exhibit "B" - Proposed Revision to the Permitted Use List). The City has witnessed much activity on the subject property subsequent to Its change in ownership. In the summer of 2003, Ms. Brinkman, on behalf of Nayrot Realty, Incorporated, made a use approval request (USAP 03-002) to allow "retail" and "commercial" uses within the building proposed on Lot 3B of the Boynton Commerce Center PID. Staff had concerns over the Incremental loss and conversion of industrially-zoned lands to commercial properties by allowing retail type uses on them. However, staff also recognized that Lot 3B would be a very attractive location for retail users because of Its close proximity and high visibility to the Lowe's Superstore. After careful evaluation, staff recommended approval of Ms. Brinkman's request of allowing 100% retail on Lot 3B, however, contingent upon the following conditions: . That retail operations would occur only in the western 49% 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 B.A.1.c. (2), (3), and 'furniture' be limited to a maximum square footage of 10,000 square feet; . That uses covered under Section B.A.1.c (14) would not be allowed the retail option; and . That as agreed to by the applicant, there would be no retail sales allowed in the remainder of the building. Ms. Brinkman's use approval request (USAP 03-002) was subsequently approved by the Planning & Development Board and the City Commission. In December of 2003, Southern Dance Studio made a separate application to modify the Land Development Regulations (CDRV 03-005) to allow dance Instruction operations In the M-l zoning district. Although the application was made primarily for a separate property elsewhere in the City, Its subsequent approval has an Impact on all properties with industrial zoning. In opposition to that request, staff argued that dance Instruction operations would be an inappropriate use in the M-l zoning district. The applicant's justification for the request was that "dance schools require high Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 3 ceilings (minimum 16 feet) for lift work and hanging of fans, and relatively large open rooms". The City Commission approved the request to allow dance studios as conditional uses in the M-1 zoning district pursuant to Ordinance 04-002. In April of 2004, Ms. Joni Brinkman, on behalf of Southern Oance Studios, submitted a request for use approval (USAP 04-003) to allow dance studios as a permitted use on lot 3B of the Boynton Commerce Center. The City Commission approved that request on July 6, 2004. Now, Ms. Brinkman is requesting use approval to allow an air-conditioning and repair business with truck parking to occupy a 3,162 square foot bay of the building currently under construction on lot 3B (see Exhibit "0" - letter from Joni Brinkman to Michael Rumpf). PERFORMANCE STANDARDS 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 pro 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 use 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 use 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 use does 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. O. 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. Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 4 The proposed use does 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 use does not produce any toxic or noxious matter In any concentrations that would cause 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 use does 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 use does 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 use 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 Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 5 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 use shall not create electromagnetic radiation. K. Hazardous materials, hazardous waste, and toxic substances: If any business locates within the PID which uses, handles, stores, or displays hazardous materials or generates hazardous waste, shall comply with items a. through d. as outlined In the City's performance standards. In addition, Section 11.3, of the use list outlines specific uses which are prohibited in the PID and no additions or deletions to this portion of the approved list has been proposed as part of this request. The above-referenced testimony by the applicant certifies that the proposed use would not violate any of the performance standards listed in Chapter 2, Section 4,N of the Land Development Regulations. ANALYSIS The underlined text indicates the proposed modification to the Boynton Commerce Center PID permitted use list (see Exhibit "B" - Proposed Revision to Permitted Use Ust). For clarity in the staff report, the analysis and recommendations are italicized below the corresponding revision. The proposed changes are as follows (underlined): I.e.1. Any manufacturing category listed above, or any use listed in Chapter 2, Section 8A1.c (2), (3), (4), (6), (7), (9), (14), and (16) of the M-1 INDUSTRIAL DISTRICT, Zoning Regulations But not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturing and Installers lile and Carpet wholesale Furniture wholesale and distribution Artificial flowers! plants wholesale and distribution Paper Plastic Metals (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Airplane parts and equipment Medical equipment, Instruments, devices, and components Furniture Precision instruments Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 6 Engraving, printing, and publishing. Air-conditioninG, HeatinG and CoolinG, Warehouse, Distribution and Installation. ~e following paragraph summarizes the zoning framework of the subject use and how it is allowed within the City of Boynton Beach. ~e proposed use is currently allowed as a permitted use in the Light Industrial (M-l) zoning district under the heading, "heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales" pursuant to Chapter 2, Section A.l.C.(7) of the Land Development Regulations. ~e use is also allowed in the M-l zoning district under an alternate heading "Contractors, operative builders, and trade contractor shops and storage areas" - Chapter 2, Section A.2.b. (6) of the Land Development Regulations. However, an air-conditioning contractor who wants to locate in the M-l zoning district is required at least a 300 foot separation distance between the business and residentially zoned property, If located closer than 300 feet, the business would be require conditional use approval, which is evaluated under a different set of development standards. Until recently, a contractor would have had to secure a environmental review permit. However, in April of 2004, the City Commission amended the code, abolishing the Environmental Review Committee in favor of a City staff-level review of the various disciplines and approved the concepts provided in Ordinance 04-027. ~is ordinance requires the contractor to submit a Are Department Hazardous Material Disclosure Form, which is subject to the Are Marshal's review and approval. ~e Disclosure Form is also required for contractors who want to operate in the Planned Industrial Development (PID) as well. As previously mentioned, approval of this request would be to allow air-conditioning contractors with theIr assocIated truck parking withIn the Boynton Commerce Center PID. Offices for contractors were one of the original uses permitted within the PID (see item '1.0.7" below and also on Exhibit ''8'' - Proposed Revision to Permitted Use List). As previously mentioned, Ms. Brinkman requested several revisions to the permitted use list in the summer of 2003 via USAP 03-002. At the time, workshops, outdoor storage, and truck parking were specifically prohibited within the PID. Ms. Brinkman's request was to allow workshops and outside storage areas for contractor's offices. No change to truck parking was requested. During its evaluation, staff was mainly concerned with the repercussions of relaxing the restrictions related to contractor's offices. ~e staff report is summarized as follows: "Staff's concerns arise when greater emphasis Is placed on the contractors workshop rather than the office space. It is staff's 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 the 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 the workshop spaces, staff recommends limiting the areas of the 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.l. whIch states that ''Outdoor storage of materials may be pennltted 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 fenced to preclude exposure to the publiC". Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 7 At the time, there was a wave of pressure to not only relax the development standards for 'Yndustrial" uses within the PID but also to allow and permit more types of ''commercial'' uses within the PID as well. Generally, without certain restrictions, retail and other high-traffic uses are inappropriate uses for any industrial zoning district. As a policy, staff has concems with converting industrial property for commercial users. On any given day, staff rebuffs requests to allow these types of uses within the City's industrial zoning districts. However, given the fact that intent and purpose of the PID is to provide a zoning dassification for light industrial development that will better satisfy current demands for light industrial uses in conjunction with encouraging development that will reflect changes in technology, staff endorsed Mr. Brinkman's summer of 2003 request (USAP 03-002) to relax the restrictions on workshops and outdoor storage. Staff evaluated the transitional nature of the PID as influenced by the Lowe's Center and the mInor nature of the limited amount of retail that was being requested on Lot 3B In relation to the overall square footage of the entire PID. Staff took into consideration the fact that the required parking for any retail user In the building (on Lot 3B) would be based on the retail calculation method rather than industrial standards. Staff endorsed Ms. Brinkman's requests because of the self-imposed limitations on the maximum allowable building area set aside for retail uses. This was further advanced with the applicant's willingness to prohibit retail sales that would normally be allowed in the remaining portion of the building (on Lot 3B). Staff was opposed to changing the truck parking prohIbition. The applicant heeded staff's overtures at the time and did not request to change Its prohibition. However, as summarized by Ms. Brinkman's letter (see Exhibit ''0'' - Letter from Joni Brinkman to Michael Rumpf), the subject request is to now eliminate the prohibition and allow air-conditioning truck parking. According to the letter, the justification to allow truck parking for the aIr-conditioning installation and repair business lies in the occupational overlap between ''contractors'' and "tradesmen" and the expertise that they both share. The letter states 'a contractor is defined as a person or firm that contracts to building things, while a trade involves the performance of skilled work~ While it Is true indeed that a contractor and tradesmen share similar skills and works performed, it should be principally noted that a contractor can act as a tradesmen but a tradesmen couldnt act as a contractor. For example, for all contracted work, someone or some people are held accountable for the quality and completeness of work, selVice, and craftsmanship of each job performed. The 2003 Florida Statutes, 77tle XXXII, Chapter 489.105 states contractors as the following: '14 person who Is qualified for and shall only be responsible for, the project contracted for and means, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself, or by others construct, repair, alter, remode~ add to, demolish, subtract from, or improve any building or structure, induding related Improvements to real estate, for others or for resale to others". In summary, a contractor can have many tradesmen working under them but it is the licensed contractor who is ultimately held responsible for the job, not the tradesmen. The City's Occupational License section Issues licenses only to the contractors, not to the tradesmen Ooumeymen) and appropriately so, because it Is the contractor who Is accountable. The City's Land Development Regulations do not distinguish between contractors and tradesmen Ooumeymen). However, the State regulates contractors and offers definitions for three (3) types of air-condItioning contractors (see ExhIbit "E" - DefinItions). Staff opInion is that a worker would start theIr career as a tradesman and then assume the role of contractor only after a higher degree of training and responsibility. The applicant's letter also suggests that perhaps the proposed use should be - . Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 8 considered as a "warehouse / distribution" business, in which case, their truck parking would be permitted. Staff has no problem with allowing the requested change to the permItted use list of the 80ynton Commerce Center PID (under LeI), provided that the occupants do not employ contractors who park their trucks. Staff has no comment other than to suggest that no individual, business, or corporation should try to circumvent the PID's strict prohibition of truck parkIng by debating the minutia of occupational licensing categories. J.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 Storage Facilities 7. Offices for contractors (work shops and outside storage). However, truck parking for contractors is specifically prohibited. T77e bold text referenced above indicates that truck parking for contractors is specifically prohibited. T77e staff report (NWSP 03-009) for the building currently under construction on the subject lot summarizes the site as follows: ''Since the project proposes a 71,547 square foot building, a total of 192 parking spaces would be requIred. The site plan shows that 192 parking spaces would be provided, includIng six (6) designated for handicap use. The site plan tabular data also shows that 128 excess parking spaces would be available from the developed portions of the PID. However, at this tIme, staff cannot confirm the exact number of excess parking spaces still available to the PID. T77e Lot 38 site plan tabular data Indicates that 128 spaces were available from the developed portion of the PID. One reason why the PID currently prohIbits contractor truck parking Is because convenience parking is limited. Currently, there are 28 occupational licenses issued to businesses located throughout the PID. T77is figure does not include the number of licenses that will be issued after the completion of the buildIng on Lot 38. Also, commercial uses, which require more parking than industrial users, will be allowed to occupy a significant portion of the building currently under construction on Lot 38. As per that approval, the site plan for Lot 38 required 192 parking spaces but only provided 166 spaces. To comply, the extra 26 spaces were taken from the "unallocated common parking" of the PID. It should be noted that in October of 2003, a minor site plan modification (MMSP 03-099) was approved to indicate that 185 parking spaces (a reduction in seven spaces) are required for Lot 38. Still, these seven (7) spaces means that a total of 19 parking spaces are used from the PID's ''unallocated common parking". Contractor truck parking for one (1) business alone is not a problem. It only becomes an issue when every busIness In the PID wants to have their trucks parked on-sIte. T77e size of these trucks can range from as small as a pIck-up truck to a full sized tractor-trailer. Allowing contractor truck parking may be perceIved as a loosenIng of the restrictions, which opens the door to allowing not only trucks but also their associated equipment T77e PID currently allows busInesses engaged in furniture wholesale and dIstribution, artificial f1owers/ plants wholesale and distribution, paper, plastic, metals (i.e. machine shop), Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" , , ! ! ; ; ~ ! [ill' PCD II \ C3 \ i \ , \ : \ ~ I I I , i I I I I , , I I I i I I L ! i i C , I I I I l I . " -- ~ W E , EXHIBIT "B" Proposed Revision to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID May 17,2004 I. Pennitted Uses, Not Requiring Environmental Review Approval. A Personal Services I. Carpet and Upholstery Cleaning B. Manufucturing, 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 manufucturing requires environmental 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.l.b.(I), (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distnbution, Wholesale I. Any rnanufucturing 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 rnanufucturing and showroom Glass and mirror rnanufucturing and distribution Alarm system manufucturers and installers Tile and Carpet wholesale Furniture wholesale and distnbution Artificial flowers/plants wholesale and distribution 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 Conditionin~~. Heatinu and Cootinu. \Varchouse, Distribution and ______._"___.I......;.__.__~.........~,~__._~."______.__'__.____._____'._.._m. _ ... .__.,-~--_... _ - EXHIBIT "B" H~~-'l_;5U;Hi()!i ' 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.1. above on Lot 3B only, for up to 49"10 the gross ground floor square footage of the building, with the exception of 8.A.1.c.(14). 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 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 38 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. Radiorrelevision Studio 5. Nursing Registries 6. Non-Profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. E. Offices 1. PID Leasing Office 2. Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-l Industrial District" Zoning Regulations Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" 3. Proressional Engineering 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: 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 II. 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 manufacturing categories listed under II.A. above. 3. Retail sales are allowed for goods listed under Section lIAS. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, excepting the eastern portion of the bllilcling on Lot 3B designated as industrial, 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. Furthermore, the following uses are expressly prolubited: 1. Fertilizer manufacturing, sale or distrIbution 2. Millwork 3. Metal casting Boynton Commerce Center PID Use List Page 3 4. WelL hops 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 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. of the "M-l INDUSTRIAL DISTRICT" Zoning Regulations EXHIBIT "B" 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). Manufacturin2IBuildinl! cleal1;n" 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 of30% of the total gross floor area devoted to such use. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum 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 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 (I) parking space per two hundred (200) square feet. 2. 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. 3. 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. Onerations 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 PID File nurnber: USAP 04-004 Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision Reauest 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 FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The applicant shall submit an updated Boynton Commerce Center PID master X plan showing current parking confiJnll"ation, requirements, and excess Parking 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 1.D.7. heading: X Offices for contractors {work shons outside stora17e and truck narkin17l. However oversized vehicles and I or associated enuinment for contractor' are snecifIcall" nrohibited from narkin17 within the confInes of the standarcl narkin" stalls. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ELJ S:IPlanningISHAREDlWPIPROJECTSIBoynlon Commerce CtrlBoynton Commerce Ctr, Lol3BIUSAP 04-004 Trades-TrucksICOA.doc I ~inston ee . SSOclates, Inc. EXHIBIT "0" Landscape Architecture Land Planning FS.L. #LC Cl16 May 17, 2004 mo rJLJL~J. ~~ Ii ~ J _no! i MAY, 7 20U4 1 L._..o.. -, 1.- , Mr. Michael Rumpf; Director of Planning & Zoning Planning & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 ~." , i i ---- J ,-~.,--~. . RE: Boynton Commerce Center Planned Industrial Development Use List Revisions Request to AUow 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 alc 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 smaJ1 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 perfOlmance 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: 561-689-4670 . Fax: 561-689-5559 . E-mail: winstonwla@aol.com EXHIBIT "0" Mr. Michael Rumpf May 17, 2004 Page 2 The use requested is allowed in the M-l zoning district/industrial land 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 1.C.l. already allows the uses as listed in Section 8.A.1.e.(7). of the Boynton Beach Zoning Code. Section 8.A.l.e. heading describes storage, distnbution and wholesale uses allowed and item (7) specifically allows: (7) Heatiru!. coolin", ventilating, refrigeration, solar energy, water conditioning and heating systems 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 8.A.1.c.( 4), many of the building materials listed, such as shades, shutters, 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 warehouse/distnbution use allowed under the current use list. The majority of the square fuotage 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 perfurmed by the business. Warehouse and distnbution uses are allowed in the PID 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 business to locate within the PID. It seems to follow that. if the use is considered allowed under the warehouse/distribution list and is considered a trade rather than a Contractor it would. therefore. have no restrictions on truck narlcinV. Again, other warehouse/distribution 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 1.C.1. (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 null 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 "0" 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 infonnation. Sincerely, ~'~ Joni Brinkman, AICP 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:\Plannlng\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce ctr, Lot 3B\USAP 04-004 Trades- Trucks\Contractor Definition .doc DEVELOPM""'T ORDER OF THE CITY COMMI~-'ON OF THE (,. , Y OF BOYNTON BEACH, FLORIl",,\ 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 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 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 "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:\PlanningISHAREDlWPlPROJECTSlBoynton Commerce CtrIBoynton Commerce Ctr, lot 3BIUSAP 04-004 Trades-TrucksIDO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet !D.YB accompany all agenda item requests. Please place check marks in the boxes as indicated, Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aGenda reGuest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P &. D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 5 2004 October 19 2004 November 3 2004 November 16 2004 Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e, . Exhibit "A' Department Head's initials:~ Boynton Commerce Center Lot 3B (USAP 04-004) Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FO~LOWING REASON(S): Signatu sing .0 Incom ittalB Mi eadline . Other 0 Reason: City Manager's signature "-"..",, .; .." , ,- ...' ~ "'~'.,.,.'."'''",''''''''''''''' ;..,.'"'.;',.....,..,-jt~ ~-.---"'7"..~,~,..,..,,,..~,."'"'\'.'.,.f. -,";,-'" ~ --: ~,~,.'" _._._.._.__..+_".,,:".i;.~..,_, Person tontacted'topld('ap t@jeCted'r~ttOest'.w" . , by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Olecklist Aug 3 - Nov 16, 2004.doc on (Date)