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
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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
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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
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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,
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",. 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.
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