A confusing 'commerce' designation in Ag Reserve has developers lining up but residents frustrated

Map shows the location of six sites where developers are looking to build in the Ag Reserve that could result in buildings totaling more than 2.3 million square feet. Four projects were debated during a marathon county commission meeting on Nov. 28. Three of them were transmitted to the state for review. The one rejected could be resubmitted in two years..

The Agricultural Reserve could soon look very different.

Four development plans have moved forward that could lead to more than 1 million square feet of light industrial facilities being built in the Ag Reserve that could include warehouses, dispatch centers and storage areas for large commercial vehicles.

County commissioners recently transmitted for state review the four development requests that require major zoning changes. The commissioners also declined to advance a development plan that residents of a private airport said threatened their safety.

Developers wasted little time proposing projects under the county’s new “commerce” designation. The goal of the new category was to ensure that heavy industrial projects were kept out of the Ag Reserve, but critics argue that what is permitted is too broad. They said that it could result in development projects that are not compatible with the residential nature of the Ag Reserve, a special area of the county created more than 20 years ago to preserve farmland by limiting uses to agriculture, conservation and low-density housing.

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Commissioners Maria Marino and Mack Bernard were quick to note that transmittal does not mean approval and pledged to closely review the projects when they are expected to return for final review in early 2023. Marino, Bernard and other commissioners said at a Nov. 28 meeting that they expect major revisions to be made to address concerns of area residents. Detailed site plans have not yet been submitted.

The projects, mostly located along State Road 7 from west of Lake Worth Beach to west of Delray Beach, are all in unincorporated areas of the county that fall under county jurisdiction. Commissioner Marci Woodward said the size of the projects is causing people “a lot of angst.” She called for a workshop to determine if caps should be considered to limit square footage.

The Ag Reserve has been altered so many times that its defenders say it has already sustained a death by a thousand cuts. And the recent projects sent to the state for review would only further weaken the protections designed to prevent overdevelopment, they say.

The projects reviewed by county commissioners on Nov. 28 included:

SR 7 Business Plaza: A 40-acre site east of State Road 7, about ¾ of a mile north of Atlantic Avenue

Map shows the site for a warehouse/distribution center in the Ag Reserve. If approved, the building potential could be 763,000 square feet.
Map shows the site for a warehouse/distribution center in the Ag Reserve. If approved, the building potential could be 763,000 square feet.

It was one of the more controversial projects. The Mulvihill family has farmed the property since the 1990s before the Ag Reserve master plan was adopted. The family has been trying for years to obtain county approval to sell the property to a developer.

It is unclear whether the applicant, BBX Logistics Properties, would build a warehouse or a distribution center. A distribution center is not permitted under the commerce designation. The company says on its website that it is focused on developing “best-in-class, state-of the-art warehousing and distribution centers."

Joe O’Donnell, a farmer in the Ag Reserve, said he believes the company intends to build a distribution center despite the rule that bars such an operation. “They are ... confident the county will give them what they want. Apparently zoning regulations do not apply to them.”

Judy Hill, a long-time resident who owns a horse farm, said a project of this type would destroy her operation as it would spook her horses.

County staff recommended denial, concluding that the project will result in an inconsistent development pattern along State Road 7. Commissioners went against staff and voted to transmit.

Maria Sachs cast the lone no vote. Several commissioners said they would have trouble supporting the project on adoption unless major revisions are made. “Don’t count on my support in the future,” said Mayor Gregg Weiss.

Morin/Connolly Commerce: A 3.4-acre site on the west side of State Road 7 about a fifth of a mile north of Boynton Beach Boulevard

Map shows the site of a proposed Ag Reserve project near Boynton Beach Boulevard that has a building potential of 66,843 square feet.
Map shows the site of a proposed Ag Reserve project near Boynton Beach Boulevard that has a building potential of 66,843 square feet.

The developer envisions the site being used for a dispatch service for an auto-transport company. The site is currently being used for outdoor vehicle storage, which is not permitted in the Ag Reserve. The property owner has been cited by code enforcement. If the proposal is approved, it would legalize the current operation. County commissioners agreed to transmit the proposal.

EJKJ Industrial: A 7.9-acre site on the west side of State Road 7 near Atlantic Avenue.

Map shows the site where a builder is looking for county approval for a project with building potential of 155,544 square feet.
Map shows the site where a builder is looking for county approval for a project with building potential of 155,544 square feet.

The applicant said tenants have not yet been chosen but a building of 155,544 square feet could be built on the site. County commissioners agreed to transmit the proposal.

Boynton Land Commerce: A 15-acre site west of State Road 7 about a fifth of a mile north of Boynton Beach Boulevard.

It borders a private airport community west of Lake Worth Beach. The developer could build up 294,030 square feet of light industrial uses. Residents of the airport community said they were concerned about so much development so close to their airport runway. Staff recommended denial. The commission voted not to transmit. The Post has previously written about this project.

LTG Sports Turf: A 5-acre parcel at 100th Street about one-tenth of a mile west of State Road 7

Map shows the site where a developer is seeking to park vehicles for a business involved in transporting artificial surfaces for football and baseball teams. The building potential is 100,000 square feet.
Map shows the site where a developer is seeking to park vehicles for a business involved in transporting artificial surfaces for football and baseball teams. The building potential is 100,000 square feet.

The company installs artificial surfaces for professional and college sports teams. Its clients include the New York Mets, Miami Marlins, Florida Atlantic University and University of Central Florida. LTG would store its vehicles at the site when they are not being used on projects. A spokesman said that would rarely occur as most of its vehicles are taken to the site where the work is done. The commission voted to transmit the plan.

The above-mentioned four approved projects alone could result in 1.1 million square feet of commerce uses. And a fifth project, BC Commerce Center, could add another 900,000 square feet to the total. It is expected to be considered for transmittal in early 2023. Located on the north side of Boynton Beach Boulevard, between Acme Dairy Road and Florida’s Turnpike, the site could bring the total square footage of new projects to more than 2 million square feet.

Mike Diamond is a journalist at the Palm Beach Post, part of the USA TODAY Florida Network. He covers county government and transportation. You can reach him atmdiamond@pbpost.comHelp support local journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Developers line up for county's new Ag Reserve commerce designation