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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetin2 Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
0 April 7, 2004 March t5, 2004 (Noon.) 0 June I, 2004 May 17, 2004 (Noon)
0 April 20, 2004 Aprit 5. 2004 (Noon) 0 June 15, 2004 May 31, 2004 (Noon)
0 May 4. 2004 Apri119, 2004 (Noon) 1:8:1 July 6, 2004 June t4, 2D04 (Noon)
0 May t 8, 2004 May 3, 2004 (Noon) 0 Juty 20, 2004 July 5, 2004 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
1:8:1 Consent Agenda 0 Public Hearing
0 Code compliancelLegal Settlements 0 UnfInished Business
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Consent
Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved,
subject to the revision to condition #2 to limit the area for parking calculation to gross "ground" floor area ouly. For further
details pertaining 10 the request, see attached Department of Development Memorandum No. PZ 04-117.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Commerce Center Lot 3D (USAP 04-003)
Joni Brinkman, AICP
Nayrot Realty, Inc.
South of Woolbright Road and West ofI-95
Request for use approval for dance instruction on Lot 3B ouly.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
~ an~~tor City Attorney / Finance / Hwnan Resources
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Boynton Commerce Ct Lot 3B USAP 04-003 7-6-04.dot
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-117
STAFF REPORT
TO:
Chairman and Members
Planning and Development Board and City Commission
THRU:
FROM:
Eric Lee Johnson, AICP
Planner
Michael Rumpf
Director of Planning & Zoning
rr
DATE:
June 16, 2004
PROJECT NAME/NO:
Boynton Commerce Center PID / (USAP 04-003)
REQUEST:
Use Approval for Dance Instruction on Lot 3B only
PROJECT DESCRIPTION
Property Owner: Nayrot Realty, Incorporated
Agent: Joni Brinkman, AICP / Winston Lee & Associates, Incorporated
Location: Boynton Commerce Center PID
Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID)
Proposed Land Use/Zoning: N/A
Proposed Use: Dance Instruction 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);
East:
Right-of-way for the C.S,X. Railroad, then farther east is right-of-way
for Interstate 95; and
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 2
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 Ilr. ANALYSIS
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. The commercial uses are allowed showrooms and retail spaces up to 100% of
the gross floor area of a bay. The underlined text indicates the proposed modification to the Boynton
Commerce Center PID permitted use list. For clarity in the staff report, the analysis and
recommendations are italicized below the corresponding revision,
Exhibit "B" shows Ms. Brinkman's proposed modifications to the Permitted Use List of the Boynton
Commerce Center Planned Industrial Development (PID), Please note that the only proposed
changes are to add "Dance Instruction" under the Miscellaneous Uses heading as an approved use
(see page #4 below). The proposed changes are as follows (underlined):
1. Permitted Uses.
A. Personal Services
No change proposed.
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, La (6), (7), (9), (10), (12-15), (18), and (21); Section
8,A,1.b, (1), (3), & (9) of the Boynton Beach Zoning Code,
No change proposed.
C. Warehouse, Distribution, Wholesale
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 3
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
Fu rn itu re
Precision instruments
Engraving, printing, and publishing,
No change proposed.
2. Retail sales are allowed for good listed under the sections specified under I.e.l.,
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.
No change proposed.
3. Retail sales of up to 100% of sales, are allowed for goods listed under the section
specified in (Section LC.1.) above on Lot 3B only, for up to 49% the gross floor
square footage of the building, with the exception of 8.A.l.c. (14). The specific uses
within the code sections 8.A.l.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.
No change proposed.
D. Operations Center - Requiring a mix of moderate warehouse and increased office use.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 4
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,
No change proposed.
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
No change proposed.
F. Miscellaneous Uses:
1. Dance Instruction, on Iv in the portion of the buildino on Lot 38 desionated as retail.
Currently, dance instruction operations are allowed in the C-2, C-3, C-4, and M-l zoning
districts. Approval of this request would be to allow them within the Boynton Commerce
Center PID. In the summer of 2003, Ms. Brinkman 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 velJl 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 38, 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.
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
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 5
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 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-l zoning district pursuant to
Ordinance 04-002.
Staff understands that economic and market trends evolve at a faster pace than the
updating of zoning regulations and may also lead to inconsistency in regard to the
relationship between public welfare and the allowance of such use. It should be noted that
this use functions somewhat similar to gymnastic centers, which was also added as a
permitted use to the M-l zoning district pursuant to Ordinance 01-057 (November 16,
2001). The required parking would be treated as for any other commercial operation.
Likewise, the required parking for dance instruction operations for this use approval would
also then be consistent with the methodology that was utilized for the Lot 3B project (1
parking space per 200 square feet of noor area). The applicant states that "this (parking)
method is consistent with the commercial method already depicted on the approved site
plan, no increase in required parking will be necessary as a result of this use being allowed
in the retail portion ofthe building'~ Staff concurs. Consistent with Ms. Brinkman's summer
of 2003 request, staff recommends that a revised traffic impact statement be required
indicating the proposed uses and their intensities (building area). The Palm Beach County
Traffic OMsion would review the revised traffic impact statement to determine the change (if
any) on the Traffic Performance Standards of Palm Beach County (see Exhibit "C"-
Conditions of Approval).
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
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 6
15. Precision instruments
16, Engraving, printing and publishing
No change proposed.
B. Warehouse, Distribution, Wholesale,
1. Seafood (excluding Processing)
No change proposed.
2. Principal uses for any of the manufacturing categories listed under II.A. above.
No change proposed.
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.
No change proposed.
C. other uses as follows:
1. Building cleaning and janitorial services.
No change proposed.
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 a.A.2,b, a.A.3.c., or
Section a,A,5.b. of the "M-1 INDUSTRIAL DISTRICT".
No change proposed.
Parkino Reouirements:
Warehouse, distribution. wholesale: One (1) parking space per eight hundred (aDO)
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 7
square feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
No change proposed.
Manufacturino: 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).
No change proposed.
Buildino cleanino 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).
No change proposed.
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.
No change proposed.
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,
No change proposed.
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.
No change proposed.
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.
No change proposed.
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.
No change proposed.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page B
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.
No change proposed.
Ooeration5 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.
No change proposed.
Personal Services and Offices: One (1) parking space per three hundred (300) square
feet of gross floor area.
No change proposed.
PERFORMANCE STANDARDS
Finally, 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
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 9
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 do 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.
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 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 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.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 10
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,
], 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
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 50 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 and Hazardous Waste: 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 uses would not violate
any of the performance standards listed in Chapter 2, Section 4.N of the Land Development
Regulations.
RECOMMENDATION
Non-industrial uses, such as gymnastic centers and dance instruction operations, are already
permitted in the M-l zoning district. Furthermore, a PID is an upscale industrial environment with
appropriate site improvements and the means to control or limit impacts from heavy industrial uses,
which would be incompatible with the subject use. Lastly, the subject PID has already been approved
for commercial uses limited to the subject building. Therefore, staff recommends that the above
request for use approval be approved to allow dance instruction operations on Lot 3B only. Additional
comments recommended by the Planning & Development Board or City Commission would also be
included in Exhibit "C" - Conditions of Approval.
S:\PIanning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance InstnJction\Staff Report.doc
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Location Map
BOYNTON BEACH COMMERCE CENTER
LOT 3 B
EXHIBIT "A"
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EXHIBIT "B"
Proposed Revision to the Approved List of
Pennitted Uses and Parking Requirements for Boynton Commerce Center PIn
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 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), (10), (12-15), (18) and (21);
Section 8.A.l.b.(I), (3), & (9) ofthe Boynton Beach Zoning Code.
C. Warehouse. Distribution, 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 (16) ofthe "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 Carpel 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"
F. Miscellaneous Uses
L Dance Instruction is allowed onlv in the portion of the buildin" on Lot 3B
desi"nated 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
5. Plastics
6. Metal (i.e., machine shop)
7. Wire
8. Rubber
9. Electrical appliances, instruments, devices, and components
I 0 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, 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 ILAS 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:
I. Building cleaning and janitorial services
III All uses not specifically listed above are prohibited. Furthermore, the following uses are
Boynton Commerce Center PID Use List
Page 3
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.e.l. 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.e.l. above on Lot 3B only, for up to 49% the gross
ground floor square footage ofthe 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 I 0,000 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.
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/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
1. PID Leasing Office
2. Satellite Operations Management Offices for any Light Industrial Use
Allowed in Section 8 of the "M-I Industrial District" Zoning Regulations
3. Professional Engineering Offices
Boynton Commerce Center PID Use List
Page 2
expressly prohibited.
EXHIBIT "B"
I. 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 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
Parking Requirements:
Warehouse. distributiorL 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).
ManufacturingfBuilding cleaning 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, showrooIrL 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.
Boynton Commerce Center PID Use List
Page 4
EXHIBIT "B" Ooerations Center: l. ,'; (I) parking space per three hundred (, ,d) square feet of gross
floor area devoted to office use and one (1) parking space per eight hundred (800) square
feel of gross floor are devoted 10 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 5
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Commerce Cen1er Pill
File number: USAP 04-003
Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision Request
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Commen1s: None X
PUBLIC WORKS- Traffic
Commen1s: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Commen1s: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Submi1 a revised traffic impac1 statement tha1 indicates the proposed uses and X
their respective building intensi1ies (on Lot 3B in conjunction with NWSP
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
03-009) to ensure equivalent impacts and / 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 / X
commercial uses such as a dance instruction studio would be calculated on
the en1ire 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 occuoationallicense.
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 retail/commercial uses such as a dance
instruction studio would be calcula1ed on the en1ire bay at a retail rate of one
(1) parking space per 200 square feet of gross "ground" floor area only.
Adequate parking will be determined prior to the issuance of an occupa1ional
license.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
ELJ
S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instruction\COA.doc
DEVELOPM[ T ORDER OF THE CITY COMMIS. )N 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 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 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.
a. 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:IPlanningISHAREDlWP\PROJECTS\Boynton Commerce CtrlBoynton Commerce Ctr, lot 3BIUSAP 04-0D3 Dance Instruction\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet !!!.lIB 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 reauest (with back uDl 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 8r. D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
A ril 7 2004
A ril 20 2004
Ma 4 2004
Ma 18 2004
June 1 2004
June 15 2004
Jul 6 2004
Jul 20 2004
Departments are responsible for securing the following
si natures on attached A enda R uest 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 04-003)
Please do not write in the shaded area below.
Legal Department sIgna
ITEM'REl1:IRN
ager?ssignature
bg - 7/19/02
S:\P1anning\Plannlng Templates\Agenda Item Cover Checklist April 6 - July 20, 2004.doc
7.C.l
BOYNTON COMMERCE CENTER
LOT 3B (USAP 04-003)
USE APPROVAL
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-117
STAFF REPORT
TO:
Chairman and Members
Planning and Development Board and City Commission
THRU:
FROM:
Michael Rumpf
Director of Planning & Zoning
Eric Lee Johnson, AICP cr ~
Planner "()
DATE:
June 16, 2004
PROJECT NAME/NO:
Boynton Commerce Center PID / (USAP 04-003)
REQUEST:
Use Approval for Dance Instruction on Lot 3B only
PROJECT DESCRIPTION
Property Owner: Nayrot Realty, Incorporated
Agent: Joni Brinkman, AICP / Winston Lee & Associates, Incorporated
Location: Boynton Commerce Center PID
Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID)
Proposed Land Use/Zoning: N/A
Proposed Use: Dance Instruction 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);
East:
Right-of-way for the C.S.X. Railroad, then farther east is right-of-way
for Interstate 95; and
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 2
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 8tA~ALYSIS
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. The commercial uses are allowed showrooms and retail spaces up to 100% of
the gross floor area of a bay. The underlined text Indicates the proposed modification to the Boynton
Commerce Center PID permitted use list. For clarity in the staff report, the analysis and
recommendations are italicized below the corresponding revision.
Exhibit "B" shows Ms. Brinkman's proposed modifications to the Permitted Use List of the Boynton
Commerce Center Planned Industrial Development (PID). Please note that the only proposed
changes are to add "Dance Instruction" under the Miscellaneous Uses heading as an approved use
(see page #4 below). The proposed changes are as follows (underlined):
I. Permitted Uses.
A, Personal Services
No change proposed.
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, exceptthatfumiture manufacturing requires environmental review),
4. Fiberglass.
5. Glass.
6. Leather.
7, Textiles.
8. Yarn.
9. Uses listed under Section 8.A, La (6), (7), (9), (10), (12-15), (18), and (21); Section
8.A.1.b. (1), (3), & (9) of the Boynton Beach Zoning Code,
No change proposed.
C. Warehouse, Distribution, Wholesale
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 3
1. Any manufacturing category listed above, or any use listed in Chapter 2, Section
S.A.1.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 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
Engraving, printing, and publishing.
No change proposed.
2. Retail sales are allowed for good listed under the sections speCified under I.C.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.
No change proposed.
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.
No change proposed.
D, Operations Center - Requiring a mix of moderate warehouse and increased office use,
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 4
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.
No change proposed.
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
No change proposed.
F. Miscellaneous Uses:
1. Dance Instruction, onlv in the portion of the buildinq on Lot 3B desiqnated as retail.
Currently, dance Instruction operations are allowed in the C-2, C-3, C-4, and M-l zoning
districts. Approval of this request would be to allow them within the Boynton Commerce
Center PID. In the summer of 2003, Ms. Brinkman 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 vel}' attractive location for retail users
because of its close proximity and high visibility to the Lowe~ Superstore. After careful
evaluation, staff recommended approval of Ms. Brinkman~ request of allowing 100% retail
on Lot 38, 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.
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
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 5
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 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.
staff understands that economic and market trends evolve at a faster pace than the
updating of zoning regulations and may also lead to inconsistency in regard to the
relationship between public welfare and the allowance of such use. It should be noted that
this use functions somewhat similar to gymnastic centers, which was also added as a
permitted use to the M-1 zoning district pursuant to Ordinance 01-057 (November 16,
2001). The required parking would be treated as for any other commercial operation.
likewise, the required parking for dance instruction operations for this use approval would
also then be consistent with the methodology that was utilized for the Lot 3B project (1
parking space per 200 square feet of floor area). The applicant states that "this (parking)
method is consistent with the commercial method already depicted on the approved site
plan, no increase in required parldng will be necessary as a result of this use being allowed
in the retail portion of the building': Staff concurs. Consistent with Ms. Brinkman's summer
of 2003 request, staff recommends that a revised traffic impact statement be required
indicating the proposed uses and their intensities (building area). The Palm Beach County
Traffic Division would review the revised traffic impact statement to determine the change (if
any) on the Traffic Performance Standards of Palm Beach County (see Exhibit "c" _
Conditions of Approval).
II, Uses requiring City Rre 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
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 6
15. Precision instruments
16. Engraving, printing and publishing
No change proposed
B. Warehouse, Distribution, Wholesale.
1. Seafood (excluding Processing)
No change proposed.
2. Principal uses for any of the manufacturing categories listed under II.A. above.
No change proposed
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,
No change proposed.
C. Other uses as follows:
1. Building cleaning and janitorial services.
No change proposed.
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-l INDUSTRIAL DISTRICT".
No change proposed.
Parkinc Reculrements:
Warehouse. distribution. wholesale: One (1) parking space per eight hundred (800)
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 7
square feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
No change proposed.
Manufacturino: 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).
No change proposed.
Buildino cleanino 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).
No change proposed.
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,
No change proposed.
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.
No change proposed.
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.
No change proposed.
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.
No change proposed.
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.
No change proposed.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page B
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.
No change proposed.
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.
No change proposed.
Personal SelVices and Offices: One (1) parking space per three hundred (300) square
feet of gross floor area.
No change proposed.
PERFORMANCE STANDARDS
Finally, 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
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 9
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 do 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.
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 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 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.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 10
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
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 and Hazardous Waste: 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 uses would not violate
any of the performance standards listed in Chapter 2, Section 4.N of the Land Development
Regulations.
RECOMMENDATION
Non-industrial uses, such as gymnastic centers and dance instruction operations, are already
permitted in the M-1 zoning district. Furthermore, a PID is an upscale industrial environment with
appropriate site improvements and the means to control or limit impacts from heavy industrial uses,
which would be incompatible with the subject use. Lastly, the subject PID has already been approved
for commercial uses limited to the subject building. Therefore, staff recommends that the above
request for use approval be approved to allow dance instruction operations on Lot 3B only. Additional
comments recommended by the Planning & Development Board or City Commission would also be
included in Exhibit "C" - Conditions of Approval.
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. I
location Map
BOYNTON BEACH COMMERCE CENTER
LOT 3 B
EXHIBIT "A"
I
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I
i
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EXHIBIT "B"
Proposed Revision to the Approved List of
Permitted Uses and Parking Requirements for Boynton Commerce Center PID
April 14, 2004
I. Pennitted Uses, Not Requiring Environmental Review Approval.
A. Personal Services
I. Carpet and Upholstery Cleaning
B. Manufacturing, 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 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), (10), (12-15), (18) and (21);
Section 8.A.l.b.(1), (3), & (9) of the Boynton Beach Zoning Code.
C. Warehouse, Distribution, Wholesale
1. Any manufacturing category listed above, or any use listed in Sections
8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) ofthe "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 manufucturers 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"
Airplane parts and equipment
Medical equipment, instruments, devices and components
Furniture
Precision instrwnents
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 ofthe 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.I. above on Lot 3B only, for up to 49% 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.
D. Operations Center - Requiring a mix of moderate warehouse and increased office
use.
I. Bank Operations Center
2. Insurance Company Records Storage
3. Government Operations Facility
4. RadiolTelevision Studio
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 ofthe "M-I Industrial District" Zoning Regulations
3. Professional Engineering Offices
Boynton Commerce Center PID Use List
Page 2
EXHIBIT "B"
F. Miscellaneous Uses
L Dance Instruction is allowed onlv in the portion 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:
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 Section ILA5. 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:
I. Building cleaning and janitorial services
III All uses not specifically listed above are prohibited. Furthermore, the following uses are
Boynton Commerce Center Pill 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 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
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).
ManufacturingfBuildin2 cleaning and ianitorial services: One (1) parking space per two (2)
employees, but not less than one (1) parking space per five-hundred (500) square feet of
gross floor area (subject to the conditions outlined in notes 1-3 below).
1. Showrooms associated with the principal use are permitted as an ancillary use up
to a maximum 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% ofthe 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 ofthe 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 (I) parking space per eight hundred (800)
square feet of gross floor area.
Boynton Commerce Center PID Use List
Page 4
EXHIBIT "B" Ooerations Center: ~ (1) parking space per three hundred ~J) 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 (l) parking space per three hundred square feet of
gross floor area.
Boynton Commerce Center PID Use List
Page 5
EXHIBIT "C"
Conditions of Approval
Project name: Boyn1on Commerce Center PID
File number: USAP 04-003
Reference: See Exhibit "B" - Bovn1on Commerce Center Use List Revision Reauest
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/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
I. Submit a revised traffic impact slatement that indicates the proposed uses and
their respective building intensities (on Lot 3B in conjunc1ion with NWSP
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
03-009) to ensure equivalent impac1s and / or compliance with 1he Traffic
Performance Standards of Palm Beach County.
2. The required parking for businesses (on Lo1 3B) 1ha1 are engaged in retail /
commercial uses such as a dance instruction sludio would be calcula1ed on
1he entire bay a1 a retail rate of one (I) parking space per 200 square feet of
gross floor area. Adequate parking will be de1ermined prior to the issuance of
an occupa1ionallicense.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
ELJ
S:IPlanningISHAREDlWPIPROJECTSIBoynton Commerce ClrIBoynton Commerce Ctr. lot 3BIUSAP 04,003 Dance InstruclionlCOA.doc