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APPLICATION PROJECT NAME: Boyn::v.l Commerce Center Lot 3B LOCATION: South of Woolbright Rd.; West ofI-95 PCN: 08-43-45-32-14-003-0020 I FILE NO.: USAP 04-003 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Joni Brinkman, AICP ADDRESS: ADDRESS: 1532 Old Okeechobee Rd FAX: Suite 106 West Palm Beach, FL 33409-5270 PHONE: FAX: - 689-5559 PHONE: 689-4670 Date of submittal/Proiected meetinl! dates: SUBMITTAL / RESUBMITTAL 4/14/04 1sT REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A TRC MEETING: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 6/22/04 MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: 7/6/04 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr. Lot 3B\USAP 04-003\2004 PROJECT TRACKING lNFO.doc I " I'" ~r!? ~r~,;~~~ '~,' '" '/ ~~ "5.' l 1-1-.:>" t ' , .. r. C..t\,,, ~"""'~, I ' I"' I I.', , April 14, 2004 Mr. Michael Rumpf, Director ofPlanrring & Zoning Planrring & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 rq ! 4 ?OOLl RE: Boynton Commerce Center Planned Indnstrial Development Application for Revisions to the Approval PID Use List Request to AUow Dance Instruction on Lot 3B Our File No. 02-030.05 Dear Mr. Rumpf: On behalf of Miss Jody's Place To Dance, Inc., attached please find a revised use list for the Boynton Commerce Center Planned Industrial Development (PID) for your consideration. The revisions proposed with this request are redlined and underlined. You will note that the dance instruction use is proposed to be located only in the 'retail' portion of the building to be constructed on Lot 3B. Pursuant to my pre-application meeting with Ed Breese, Eric Johnson and Maxime Ducoste- Arne' de' e, on April 7, 2004, I would like to address two areas of concern expressed by staff and offer responses which we feel justifY that the request for the dance instruction use should be approved. Increase In Intensity: As this office has processed a fair amount of use list revision requests for PID's in the City, I am fumiliar with staff's concerns regarding this issue. However, in 1his instance, this concern has already been addressed as part of the site plan approval for this lot. The site plan for Lot 3B received site plan approval from the City of Boynton Beach Commission on August 5, 2003, with a subsequent approval for revisions to the approved use list for the PID on September 2,2003 (NWSP 03-009 and USAP 03-002). The approved site plan depicts the potential for 'retail' sales to be located in the western portion of the building. The uses allowed to be considered for this 'retail' use are depicted under section I.e.1. (with the exception of 8.A.l.c.(I4)) on the approved use list. The proposed dance instruction use is to be located within this 'retail' portion of the building, in the westernmost unit and is proposed to occupy 3,162 square feet (including 632 square feet of mezzanine space to be utilized for storage). To address staff concerns regarding any anticipated increase in intensity with these 'retail' sales, Condition No. I was included within Exhibit "C", Conditions of Approval, for the use list. This o 't 4 3 4/) ;; 2 11 tJO '3 - co 2.(/ 1r:5 /J // tJ -1-;JiJ J '",' ; i,1 :! (,,' ,. ~ I, , ",; I Mr. Michael Rumpf April 14, 2004 Page 2 condition read as follows: Submit a revised traffic impact statement that indicates the proposed uses and their respective building intensities (on Lot 3B in conjunction with NWSP 03-009). In response, a traffic statement was prepared by Yvonne Ziel and the subject building is now vested for 14,000 square feet of retail space based on general retail traffic generation rates. Therefore, any issues regarding intensity were accounted for during the previous approval process for this parcel. In addition, the revised use list attached limits the location of this use to the retail portion of the building located on Lot 3B. Parking: The second issue discussed with staff was the obligation of the applicant to address the amount of parking required for this use as compared to typical industrial uses. Again, when the site plan and use list were approved for this parcel, parking for the retail uses was addressed to staff's satisfaction at that time. All the square footage on the site plan for which retail uses are allowed (14,000 square feet) are 'parked' at the retail calculation rate of one parking space for every 200 square feet of building area for those uses. Chapter 2, Section II.H.16.c.(8) of the City's Zoning Code indicates that the number of parking spaces for specialized instruction, including dance, are to be calculated at one parking space per 200 square feet of gross floor area. As this 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 uses being allowed in the retail portion of the building. Also, since the methods are the same, no 'tracking' of parking spaces will be required on this project. I believe this letter addresses all the concerns expressed by staff at our pre-application meeting. Therefore, I respectfully request your consideration and recommendation for approval ofthe attached revised use list for the Boynton Commerce Center PID. Please feel free to call with any questions you may have regarding the attached list. Sincerely, ~ ~UrvK~u ",. Jom Brinkman, AICP Project Planner cc: Jody Sorrels, Miss Jody's Place To Dance Colleen Mohr, Levitt Commercial Proposed Revision to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID April 14, 2004 I. Permitted 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.I.a.(6), (7), (9), (10), (12-15), (18) and (2\); Section 8.A.I.b.(I), (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale I. Any manufacturing category listed above, or any use listed in Sections 8.A.I.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-I INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment 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 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.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 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 Le.I. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8A l.c.(14). The specific uses within the code sections 8A 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. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. ;L Dance Instruction is allowed on Iv in the portion of the buildinl< on Lot 3 B desil<nated as retail 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-l Industrial District" Zoning Regulations 3. Professional Engineering Offices Boynton Commerce Center PID Use List Page 2 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 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 I. Seafood (excluding Processing) 2. Principal uses for any ofthe manufacturing categories listed under I1.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: I. 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 Boynton Commerce Center PID Use List Page 3 4. Wela...g 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 (I) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manufacturing/Building 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 anci1lary 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: L 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, 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 (1) 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 (1) parking space per three hundred square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 Boynton Commerce Center Revised Use List Request Request to Allow Dance Instruction On Lot 3B The applicant, Miss Jody's Place To Dance, Inc., has submitted a request to revise the approved use list for the Boynton Beach Commerce Center. Chapter 2.5, Sec. 4.N. of the City of Boynton Beach Code requires that all uses conform to performance standards outlined therein. These standards are addressed below for the proposed revisions to the approved use list. I. Noise. No use shall be carried out in any zoning districts so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. Response: The use as proposed shall not produce sound in violation of Section 15-8. 2. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. Response: The use as proposed shall not create ground vibrations which would be perceptible beyond the property lines of the subject Planned Industrial Development. 3. Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust dirt or other particular 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, at or beyond the property lines ofthe property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. Response: The proposed use does not produce smoke, dust, dirt or other particulate matter that would have any affect off-site ofthe property and shall comply with all federal, state, county, or city laws or permits pertaining to same. 4. 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 nonindustrial districts, the standards contained in this paragraph shall apply where district abuts any residential district. Response: 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 ofthe PID. 5. 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 property or vegetatiofl 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. Response: The proposed use does not produce any toxic or noxious matter in any concentrations that would cause or vegetatiofl 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. 6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property 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 provisions of Chapter 9 ofthe City of Boynton Beach Code of Ordinances. Response: The proposed use does not create a fire or explosion hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is 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. Response: The proposes use does not produce heat, humidity or glare. Site lighting will conform to code requirements and shall not be directed toward any residential use. 8. 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 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits. Response: Any applicable provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits shall be complied with. Page 2 9. Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. Response: The proposed use shall be in compliance with Chapter 10 ofthe City of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and property 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 in any wning district 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. Response: The proposed use shall not create electromagnetic radiation. 11. Hazardous materials and hazardous waste. Items a. through d. Response: If any businesses locate within the PID which uses, handles, stores or displays hazardous materials or generates hazardous waste, they shall comply with items a. through d. as outlined in the City's performance standards. In addition, Section III of the use list outlines specific uses which are prohibited in the PID and no additions or deletions to this portion of the approved use list has been proposed as part of this request. The proposed dance instruction use shall not utilize any hazardous materials or produce any hazardous waste. Page 3