Loading...
LEGAL APPROVAL The City ofBoync.on Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Aorida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 tti(' " .~ " " ...t'.;, ! CJ!: v", July 12, 2004 www.boynton-beach.org Ms. Joni Brinkman, AICP Winston Lee & Associates, Inc. 1532 Old Okeechobee Road - Suite 106 West Palm Bach, Florida 33409-5270 Re: For: File No. Location: Use Approval Boynton Commerce Center Lot 3B USAP 04-003 South of Woolbright Road West of 195 Dear Ms. Brinkman: Enclosed is the City of Boynton Beach Development Order for application item USAP 04- 003, which represents the amendment of the list of approved uses for the Boynton Commerce Center PID. This request was for use approval for dance instruction on Lot 3B. The City Commission approved this use approval on July 6,2004, with the noted conditions. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~ Michael W. Rumpf Director of Planning & Zoning MWR:jdc Attachments: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance instruction\Approvalletter after CC .doc .' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE cr . OF BOYNTON BEACH, FLORID Development P&Z Building Engineering Oee, License Deputy City Clerk Ms. Joni Brinkman, AICP with Winston Lee & Associates, Ir c",_ ,f PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 10a West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July a, 2004 TYPE OF RELIEF SOUGHT: Request use approval for dance instruction 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 Appli the requirements of the City's Land Development Regul 'n ~ rrmn~err~i~el1twith 2. The Applicant /HAS HAS NOT r f J1.~! 2004 I , I L_ i DEPARTMENT OF DEVElOPME tvl 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 V""'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. a. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: 7- 7. Other S:\planningISHARED\WPlPROJECTSlBoynton Commerce CtrIBoynton Commerce Ctr, Lot 3B\USAP 04-003 Dance InstructionlDO. LJ location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B ~ ) f, " t, EXHIBIT "A" l ! i; i , I!: ! :~ I: 1 , ; i I I 'in PCD Il:! o ~ ~ o u I I I , I I I I I I I I , I I , i ~Iil C3 I , , I . .. EXHIBIT "B" Proposed Revision to the Approved List of Permitted Uses and Parking Reqnirements for Boynton Commerce Center PID April 14, 2004 I. Permitted Uses, Not Requiring Environmental Review Approval. A. Personal Services 1. Carpet and Upholstery Cleaning B. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materia1s: 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.I.b.(I), (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale I. Any manufucturing category listed above, or any use listed in Sections 8.A.1.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: Wmdow treatment manufucturing and showroom Glass and mirror manufucturing and distnbution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distnbution Artificial flowers/plants wholesale and distnbution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment EXHIBIT "B" Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, printing and publishing 2. Retail sales are allowed for goods listed under the sections specified in I.C.1. 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 indnstrial. 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.A1.c.(14).. The specific uses within the code sections 8.A1.c.(2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. lbis square footage sball 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. 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. Radioffelevision 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 prolnbited, 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 3. Professional Engineering Offices Boynton Commerce Center PID Use List Page 2 , . EXHIBIT "B" F. Miscellaneous Uses 1" Dance Instruction is allowed onlv in the oortion of the building on Lot 3B designated as retail. 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. Pharmaceutical 4. Paper S. 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 1 S. 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 IIA above. 3. Retail sales are allowed for goods listed under Section II.AS. above (plastics) provided that less than SO"/o 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: I. Building cleaning and janitorial services ill All uses not specifically listed above are prohibited. Furthermore, the following uses are Boynton Commerce Center PID Use List Page 3 expressly prohibited: EXHIBIT "B" 1. Fertilizer manufacturing, sale or distribution 2. Millwork 3. Metal casting 4. Welding shops 5. Contractor's shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area designated on Lot 3B as industrial, which sha1I 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 Parking Requirements: Warehouse. distnbution. wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). ManufacturinlUBuildiru! cleanin" and ianitorial services: One (I) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). 1. Showrooms associated with the principal use are permitted as an ancillary use up to a maximum 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 sha1I 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 1Io0r area devoted to such use. Lot 3B: The parking calculation methods to be utilized for Lot 3B are as follows: 1. Retail: 100 potential retail square fuotage (up to 49% of the gross ground floor sqllllre footage), shall require one (1) parking space per two hundred (200) square feet. 2. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufucturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. . 3. Mezzanine square footage shall be limited to warehouse uses anirmay utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area Boynton Commerce Center PID Use List Page 4 :A.Hltjll "B" Ooerations Center: One (1) parking space per three hundred P"O) square feet of gross floor area devoted tl lice use and one (1) parking space pel .ght 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 square feet of gross floor area. Boynton Commerce Center PID Use List Page 5 EXIDBIT "e" Conditions of Approval ,rc,., Project name: Boynton COllUDerce Center PID File number: USAP 04-003 Reference: See Exhibit "B" - Bovnton COllUDerce Center Use List Revision ReCluest DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General COllUDents: None X PUBLIC WORKS- Traffic COllUDents: None X UTILITIES COllUDents: None X FIRE COllUDents: None X POLICE COllUDents: None X ENGINEERING DIVISION COllUDents: None X BUILDING DIVISION COllUDents: None X PARKS AND RECREATION COllUDents: None X FORESTERlENVIRONMENTALIST COllUDents: None X PLANNING AND ZONING COllUDents: 1. Submit a revised traffic impact statement that indicates the proposed uses and X their resoective building intensities (on Lot 3B in conjunction with NWSP Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 03-009) to ensure equivalent impacts and I or compliance with the Traffic Performance Standards of Palm Beach County. 2. The required parking for businesses (on Lot 3B) that are engaged in retail I X commercial uses such as a dance instruction studio would be calculated on the entire bay at a retail rate of one (I) parking space per 200 square feet of gross floor area. Adequate parking will be determined prior to the issuance of an occupational license. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. Condition #2 will be revised as follows: the required parking for businesses X (on lot 3B) that are engaged in retaiVcommercial uses such as a dance instruction studio would be calculated on the entire bay at a retail rate of one (I) parking space per 200 square feet of gross "ground" floor area only. Adequate parking will be determined prior to the issuance of an occupational license. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ ELJ S:\Plannlng\SHAREDlWPlPROJECTSIBoynton Commerce CtrIBoynton Commerce Ctr, lot 3BIUSAP 04-003 Dance InslructionlCOA.doc