REVIEW COMMENTS
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
?f
DATE:
July 22, 2004
PROJECT NAME/NO:
REQUEST:
Boynton Commerce Center PID / (U5AP 04-004)
Use Approval for air-conditioning installation & repair business with
associated truck parking on Lot 3B only
PROJECT DESCRIPTION
Property Owner: Levitt Commercial
Agent: Joni 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-1-AA).
BACKGROUND
Ms. Joni Brinkman, agent for the owner has submitted an application for use approval in the Boynton
Commerce Center Planned industrial Development (PID) (see attached location map - Exhibit "A").
Each Planned industrial Development (PID) has a list of permitted uses. in short, the use approval
list includes a wide variety of uses and intensities, which range from very industrial to commercialized
industrial-type uses (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 8.A.1.c. (2), (3), and 'furniture' be limited to a maximum square
footage of 10,000 square feet;
. That uses covered under Section 8.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-1 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-1
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
Dance 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 "D" - 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 PID district. These
responses are listed as follows:
A. Noise: No use shall be carried out on the property so as to create sound which is in
violation of Section 15-8 of the City Ordinances. The 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.
D. Odors and fumes: No use shall be carried out in any industrial district so as to allow the
emission of objectionable or offensive odors or fumes in such concentration as to be readily
perceptible at any point at or beyond the boundary of industrial districts. For all non-districts,
the standards contained in this paragraph shall apply where district abuts a residential district.
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 List). For clarity in the staff
report, the analysis and recommendations are italicized below the corresponding revision. The
proposed changes are as follows (underlined):
1.c.1. Any manufacturing category listed above, or any use listed in Chapter 2, Section 8.A.l.c (2),
(3), (4), (6), (7), (9), (14), and (16) of the M-1 iNDUSTRiAL DISTRiCT, Zoning Regulations
But not limited to the following:
Window treatment manufacturing and showroom
Glass and mirror manufacturing and distribution
Alarm system manufacturing and installers
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial f1owers/ plants wholesale and distribution
Paper
Plastic
Metals (i.e. machine shop)
Rubber
Electrical appliances, instruments, devices, and components
Boat parts and equipment
Airplane parts and equipment
Medical equipment, instruments, devices, and components
Furniture
Precision instruments
Boynton Commerce Center (USAP 04-004) Staff Report
Memorandum No PZ 04-174
Page 6
Engraving, printing, and publishing.
Air-conditionino, Heatino and Coolino, Warehouse, Distribution and Installation.
The following paragraph summarizes the zoning framework of the subject use and how it is allowed
within the City of Boynton Beach. The 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.1.C(7) of the Land Development
Regulations. The 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. This ordinance requires the contractor to submit a Fire Department
Hazardous Material Disclosure Form, which is subject to the Rre Marshal's review and approval. The
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.D.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. The staff report is summarized as follows:
"Staffs concerns arise when greater emphasis is placed on the contractor's workshop rather than the
office space. It is staffs opinion that there is a positive correlation between the size (intensity) of a
contractor's 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.1. which states that "Outdoor storage of materials may be
permitted based on a finding of the Planning & Development Board that such storage does not
exceed 15% of 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
''industrial'' 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 concerns 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 classification 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 ofthe 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 "D" - 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
couldn't act as a contractor. For example, for all contracted work, someone or some people are held
accountable for the quality and completeness of work, service, and craftsmanship of each job
performed. The 2003 Florida Statutes, Title XXXII, Chapter 489.105 states contractors as the
following:
':4 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, remodel, add to, demolish, subtract from, or improve any building or
structure, including 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
(journeymen) and appropriately so, because it is the contractor who is accountable. The City's Land
Development Regulations do not distinguish between contractors and tradesmen (journeymen).
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
Boynton Commerce Center PID (under LC1), 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 PI D's strict prohibition of truck parking by
debating the minutia of occupational licensing categories.
I. 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.
The bold text referenced above indicates that truck parking for contractors is specifically prohibited.
The 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.
The Lot 3B 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. This figure does not include the number of licenses that will be issued
after the completion of the building on Lot 3B. 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 3B. As per that approval, the site plan for Lot 3B 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 3B. 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. The 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 The PID currently allows businesses engaged in furniture wholesale and distribution,
artificial flowers/ plants wholesale and distribution, paper, plastic, metals (i.e. machine shop),
Boynton Commerce Center (USAP 04-004) Staff Report
Memorandum No PZ 04-174
Page 9
rubber, and electrical appliances, instruments, devices, and components. These existing businesses
in conjunction with the new establishments earmarked for Lot 3B could potentially have their
oversized, service vehicles and accessory equipment parked in customer parking spaces. As
previously mentioned, much of the common area parking is not convenient to a large percentage of
the development's tenants. Staff wants to discourage situations where work trucks are parked in
the convenience spaces (in front of the building) and frustrated customers are forced to double-park
or park in loading zones. It can be argued that the only time these trucks are parked on-site is first
thing in the morning or at the end of the day and thus would not conflict with peak-hour parking,
since they are off-site on service calls or different jobsites throughout the day. Furthermore, no
problems or issues have been brought to staff's attention regarding the truck parking for those
businesses currently licensed as warehouse and distribution businesses within the PID. Therefore,
staff does not necessarily oppose the idea of lifting the prohibition of truck parking for contractor
offices provided that certain safeguards are put in place to ensure that oversized vehicles and
construction equipment are not placed within the confines of the PID's standard parking spaces (see
Exhibit "C' - Conditions of Approval).
RECOMMENDATION
in summary, the applicant is proposing new language to the Boynton Commerce Center PID that
would allow a business engaged in "air-conditioning, heating, and cooling, warehouse, distribution
and installation (with associated truck parking)" under the 1.C.1 heading. However, staff determined
that the subject request would already be permitted inside the PID as "Office for Contractors" under
the I.D.7 heading. The only problem here is that the truck parking associated with this proposed
business would not be allowed due to the aforementioned prohibition of contactor truck parking within
the PID. As previously mentioned, staff expressed some concerns with the aesthetics, performance,
and potential impacts of lifting the prohibition of contractor truck parking. However, a continuous
monitoring and communication between individual owners, tenants, and the property owners
association should effectively ensure that parking spaces would be available for the PID's customers
and that violators would be reprimanded. Therefore, staff offers the follOWing revisions to the
applicant's request:
. Eliminating the applicant's proposed language under the 1.C.1. heading:
"Air-Conditioning, Heating and Cooling Warehouse, Distribution and installation"
. Propose the following language under the I.D.7. heading:
Offices for contractors (work shoos. outside storaoe, and truck oarkinq). However. oversized
vehicles and / or associated equioment for contractors are soecificallv orohibited from oarkino
within the confines of the standard oarkinq stalls.
An over-sized vehicle is a vehicle that cannot fit or park inside the confines of a standard parking stall.
As a safeguard, staff would determine (on a case- by-case basis) what constitutes an "oversized"
vehicle. This would occur when an applicant applies for an occupational license and subsequent
inspections. These changes are also noted in Exhibit "C" - Conditions of Approval.
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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 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:
1. Cellophane
2. Canvas
3. Fiber (i.e., wood, except that furniture manufacturing requires
environmental review)
4. Fiberglass
5. Glass
6. Leather
7. Textiles
8. Yarn
9. Uses listed under Section 8.A.l.a.(6), (7), (9), (to), (12-i5), (18) and (21);
Section 8.A.1.b.(I), (3), & (9) of the Boynton Beach Zoning Code.
C. Warehouse, Distnbution, Wholesale
I. Any manufacturing category listed above, or any use listed in Sections
8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (i6) of the "M-i
INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not
limited to the following:
Window treatment manufacturing and showroom
Glass and mirror manufacturing and distribution
Alarm system manufacturers and installers
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial flowers/plants wholesale and distribution
Paper
Plastics
Metal (i.e. machine shop)
Rubber
Electrical appliances, instruments, devices, and components
Boat parts and equipment
EXHIBIT "B"
Furniture
Precision instruments
Engraving, printing and publishing
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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% the gross
ground floor square footage of the building, with the exception of
8.A.l.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 ofthe 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. Radio/Television Studio
5. Nursing Registries
6. Non-Profit Trade Organization Research and Record Storage Facilities
7. Offices for contractors (work shops and outside storage). Truck parking
for contractors is specifically prohibited, however.
E. Offices
I. PID Leasing Office
2. Satellite Operations Management Offices for any Light Industrial Use
Allowed in Section 8 of the "M-I Industrial District" Zoning Regulations
Boynton Commerce Center PID Use List
Page 2
EXHIBIT "B"
3. Professional 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:
i. Cosmetics
2. Drugs
3. Phannaceutical
4. Paper
5. Plastics
6. Metal (i.e., machine shop)
7. Wire
8. Rubber
9. Electrical appliances, instruments, devices, and components
10. Auto parts and equipment
i 1. Boat parts and equipment
12. Airplane parts and equipment
13. Medical equipment, instruments, devices and components
14. Furniture
is. Precision instruments
16. Engraving, printing and publishing
B. Warehouse, Distribution, Wholesale
i. 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 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 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 prohibited. Furthermore, the following uses are
expressly prohibited:
i. Fertilizer manufacturing, sale or distribution
2. Millwork
3. Metal casting
Boynton Commerce Center PID Use List
Page 3
4. Well ~ shops
5. Contractor's shops, storage, or truck parking
6. Retail sales, where the value of goods sold at retail exceeds 50% of the
total value of goods sold from the premises with the exception of the area
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-i INDUSTRIAL DISTRICT"
Zoning Regulations
. EXHIBIT "B"
Parking Requirements:
Warehouse. distribution. wholesale: One (I) parking space per eight hundred (800) square
feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
Manufacturinl!!Buildinl! cleaninl! 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 000% ofthe 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:
I. Retail: The potential retail square footage (up to 49% ofthe gross ground floor
square footage), shall require one (i) parking space per two hundred (200) square
feet.
2. Blended Rate: Warehouse, distnbution, wholesale, showroom, and manufacturing
uses shall have the option to utilize a blended rate of one (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
Operations Center: One (I) parking space per three hundred (300) square feet of gross
floor area devoted to office use and one (I) parking space per eight hundred (800) square
feet of gross floor are devoted to warehouse use. Where both office and warehouse uses
are intermixed, parking shall be calculated based on the requirement for office use.
Personal Services and Offices: One (I) parking space per three hundred square feet of
gross floor area.
Boynton Commerce Center PiD Use List
Page 4
EXHIBIT "e"
Conditions of Approval
Project name: Boynton Commerce Center PID
File number: USAP 04-004
Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision Request
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The applicant shall submit an updated Boynton Commerce Center Pill master
plan showing current parking configuration, 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 LD.? heading:
Offices for contractors (work shons outside stora"e and truck narkin").
However oversized vehicles and / or associated enuinment for contractor'
are snecificallv nrohibited from narkin" within the confines of the standaro
narkinn stalls.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
ELJ
S:\PJanning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04M004 Trades-Trucks\COA.doc
I
~inston
ee .
SSOclates, Inc.
EXHIBIT "0"
Landscape Architecture
Land Planning
F.S.l #LCClltJ
May 17, 2004
m,LL~,-JLr F' :
!} !. MAY, 7 2UU4
~-i
,
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
L...
I
J
RE: Boynton Commerce Center Planned Industriai Deveiopment
Use List Revisions Reqnest to Allow an Air Conditioning Installation & 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, i62 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, refrigeration 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 Okeechohcc Road. Suite 106, West Palm Beach, FL 33409-5270
Tel: 5hl-6R9-4670 . Fax: 5hl-6R9-5559 . E-mail: winstonwla@ao1.com
EXHIBIT "0"
Mr. Michael Rumpf
May 17, 2004
Page 2
The use requested is allowed in the M-I zoning district/industrialland 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.l. already allows the uses as listed in Section
8.A.l.c.(7). of the Boynton Beach Zoning Code. Section 8.A.l.c. heading describes storage,
distnbution and whoiesale uses allowed and item (7) specifically allows:
(7) Heating. cooliru!:, 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 LC.l. have an 'installation'
component involved in the operation, as that is the nature of the businesses. For example, under
Section 8.A. i .c.( 4), many of the building materials listed, such as shades, shutters, blinds, awnings,
carpeting, tile, etc., would offer installation as part oftheir business.
Conversations with the potential user also support the preswnption that the proposed use is a
warehouse/distnbution use allowed under the current use list. The majority of the square footage 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 business. Warehouse
and distribution 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 respectfu1ly request that you reconsider the
requirement that a use list revision would be required in order to allow this business to iocate within
the PID. It seems to follow that. if the use is considered allowed under the warehouseldistribution
list and is considered a trade rather than a contractor it would. therefore. have no restrictions on truck
narki"". 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, Distribution and Installation" under Section
I.e.l. (see attached list). This wouid 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.
'u,l
EXHIBIT "0"
Mr. Michael Rumpf
May i7, 2004
Page 3
Please feel free to call with any questions you may have or if you need any additional information.
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 disassernbling 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 pneurnatic 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
systern 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 rnake complete an air-distribution system being installed
under this classification, and any duct cleaning and equipment sanitizing
which requires at least a partial disassernbling 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 Defi n ition .doc
DEVELOPM: T ORDER OF THE CITY COMMIS IN OF THE
CITY 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.
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:IPlanningISHAREOIWPIPROJECTSIBoynlon Commerce ClrlBoynton Commerce Ctr, Lot 3BIUSAP 04-004 Trades-TrucksIDO.doc
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Engraving, printing, and publishing.
2. Retail sales are allowed for good listed under the sections specified under I.e.1., provided
that less than 50% of the goods sold on the premises are sold at retail with the exception
of the area designated on Lot 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 section specified
in (Section Ie1.) above on Lot 3B only, for up to 49% the gross floor square footage of
the building, with the exception of 8.A.1.c. (14). The specific uses within the code sections
8.A.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. This retail sales "use" is considered ancillary to the overall
industrial uses approved for this lot.
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.
E. Offices
1. PID Leasing Office
2. Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8
of the "M-1 Industrial District" Zoning Regulations
3. Professional Engineering Offices
F. Miscellaneous Uses:
1. Dance Instruction, only in the portion of the building on Lot 3B designated as retail.
II. Uses requiring City Fire Department Hazardous Material Disclosure Form.
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, Distribution, 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 this section, 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.
e. Other uses as follows:
1. Building cleaning and janitorial services.
III. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly
prohibited:
1. Fertilizer manufacturing, sale, or distribution
2. Millwork
3. Metal casting
4. Welding shop
5. Contractors' 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-1 INDUSTRIAL DISTRICT".
Parkina Reauirements:
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).
Manufacturina: 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).
Buildina cleanina and ianitorial services: One (1) parking space per 800 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 of 30% of the total gross floor area devoted to such use.
2. Offices associated with the principal use are permitted as an ancillary use with a maximum
of 30% of the total gross floor area devoted to such use.
3. Office floor area which exceeds 30% of the total gross floor area shall be considered a
principal use and shall provide parking at the rate of one (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 manufacturing uses
shall have the option to utilize a blended rate of one (1) parking space per five hundred
(500) square feet of gross floor area.
3. Mezzanine 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 (1) parking space per three hundred (300) square feet of gross
floor area.
S:\Planning\SHARED\WP\PRDJECTS\Boynton Commerce Ctt\Permitted Use Ust Jul04.doc
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Name
RE-BATH FLOR IDA
DEMARSICO CUSTOM TRIM
TARRAH COSMETI CS, I NC.
INNOVATIVE DOCUMENT IMAGING
NAD SPECIALTY CONTRACTORS
ROKA CORP
COLD AIR DISTRIBUTORS
RANGER AMERICAN
Elll tl .subset I
Address
2187 CORPORATE DR
2189 CORPORATE DR
2118 CORPORATE DR
211 ~ CORPORATE DR
2115 CORPORATE DR
2116 CORPORATE DR
2117 CORPORATE DR
2118 CORPORATE DR
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Number Name
THE HISTORICAL RESEARCH
SPECIAL PRODUCTS GROUP INC
LAWSON INDUSTR IES, INC.
GO LD COAST BU I LDERS ASSOC., INC
REPUBLIC CONSTRUCTION
8813 IR I I ALPHA METALS
2857 TEELE & ASSOCIATES, INC.
1t 938 SE IDEN CARPET
12478' SE IDEN CARPET
13477 EISMAN & RUSSO, INC.
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2819 CORPORATE DR
2823 CORPORATE ['R
2188 CORPORATE DR
2188 CORPORATE DR
2188 CORPDRATE DR
2182 CORPORATE DR
2183 CORPORATE DR
2186 CORPORATE DR
2186 CORPORATE DR
2187 CORPORATE DR .
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1711612004 I 2:43:57 PM
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ER ICSSON, INC.
WA IORA USA, INC.
QUANTACHROME CORPORATION
FLORIDA OPEN IMAGING
WINDBRELLA PRODUCTS CORP
BERKSHIRE PUBLCATIONS, INC
K.C. VICTOR, INC.
1-888 FLOWERS RETAIL INC
15351 lIS INC.
15289 AEROSPACE TECNOLOG IES GROUP
Address
1888 CORPORATE DR
1829 CORPORATE DR
1988 CORPORATE DR
1914 CORPORATE DR
1916 CORPORATE DR
1928 CORPORATE DR
1928 CORPORATE DR
2881 CORPORATE DR
2883 CORPORATE DR
2889 CORPORATE DR .
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Department Of Development
Memorandum No. PZ 04-103
DATE: May 7, 2004
RE: Boynton Commerce Center PID - Permitted Uses
The following uses have been approved to date by the Planning & Development Board and City
Commission for the Boynton Commerce Center Planned Industrial District:
I. Permitted Uses.
A. Personal Services
B. Manufacturing, including compounding, assembly, repair, or treatment of articles or
merchandise from previously prepared materials from the following:
1. Cellophane.
2. Canvas.
3. Fiber (i.e. wood, except that furniture manufacturing requires environmental review).
4. Fiberglass.
5. Glass.
6. Leather.
7. Textiles.
8. Yarn.
9. Uses listed under Section 8.A.1.a (6), (7), (9), (10), (12-15), (18), and (21); Section
8.A.1.b. (1), (3), & (9) of the Boynton Beach Zoning Code.
e. Warehouse, Distribution, Wholesale
1. Any manufacturing category listed above, or any use listed in Chapter 2, Section
8.A.1.c (2), (3), (4), (6), (7), (9), (14), and (16) of the M-l 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
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial f1owers/ plants wholesale and distribution
Paper
Plastic
Metals (i.e. machine shop)
Rubber
Electrical appliances, instruments, devices, and components
Boat parts and equipment
Airplane parts and equipment
Medical equipment, instruments, devices, and components
Furniture
Precision instruments
Engraving, printing, and publishing.
2. Retail sales are allowed for good listed under the sections specified under 1.e.1.,
provided that less than 50% of the goods sold on the premises are sold at retail with
the exception of the area designated on Lot 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 section
specified in (Section Ie1.) above on Lot 3B only, for up to 49% the gross floor
square footage of the building, with the exception of 8.A.1.c. (14). The specific uses
within the code sections 8.A.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. This retail
sales "use" is considered ancillary to the overall industrial uses approved for this lot.
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.
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
3. Professional Engineering Offices
II. Uses requiring City Fire Department Hazardous Material Disclosure Form.
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, Distribution, 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 this section, 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.
e. Other uses as follows:
1. Building cleaning and janitorial services.
III. All uses not specifically listed above are prohibited. Furthermore, the following uses
are expressly prohibited:
1. Fertilizer manufacturing, sale, or distribution
2. Millwork
3. Metal casting
4. Welding shop
5. Contractors' 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.S.b. of the "M-l INDUSTRIAL DISTRICT".
Parkina Reauirements:
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).
Manufacturina: 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).
Buildina c1eanina and ianitorial services: One (1) parking space per 800 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 of 30% of the total gross floor area devoted to such use.
2. Offices associated with the principal use are permitted as an ancillary use with a
maximum of 30% of the total gross floor area devoted to such use.
3. Office floor area which exceeds 30% of the total gross floor area shall be
considered a principal use and shall provide parking at the rate of one (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 manufacturing
uses shall have the option to utilize a blended rate of one (1) parking space per
five hundred (500) square feet of gross floor area.
3. Mezzanine 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.
ODe rations Center: One (1) parking space per three hundred (300) square feet of gross
floor area devoted to office use and one (1) parking space per eight hundred (800)
square feet of gross floor are devoted to warehouse use. Where both office and
warehouse uses are intermixed, parking shall be calculated based on the requirement for
office use
Personal Services and Offices: One (1) parking space per three hundred (300) square
feet of gross floor area.