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Quantum Park Lot 3PROJECT NAME: APPLICANT'S AGENT: AGENT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Quantum Park Lot 3 Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1,2004 '~)evelopment Eiuilding Engineering Occ. License Deputy City Clerk 33409 TYPE OF RELIEF SOUGHT: Request use approval for medical offices on Lot 3 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 3, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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, Flodda 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic~ant _.~_. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: Clerk S:~°lanning\SHARED\WP~PROJECTS\Quantum Lot 3\USAP 04-002 Medical Office\DO USAP 04-002.doc L"-,,CATION MA r..- --_,-,~,:,-- LOT 3 QUANTUM PARI"; I:::~1[:~. NOT IN C;ITY H K OF OC]MMERO UANTLIM PARK] "MOTOROLA 1/~ 400.'E O0 EXHIBIT "B" June 24, 2003 Mr. Eric Johnson Planning & Zoning Division City of Boynton Beach I00 E. Boynton Beach Blvd. Boynton Beach, FL 33425-03 i0 Quantum Park DRI Use List Revision Request Our File No. 98-010.09A Dear Mr. Johnson: As a follow up to our telephone conversation ia.st week, I would like to address your specific concerns as. to the process for monitoring the uses and associated required parking for Lot 3 in the Quantum Park DR/. This project is under the ownership of one entity and all of the square fbotage contained in the buildings is leased to tenants. The owner has agreed to monitor the types of uses and the required parking tbr each on a spread sheet which will be submitted as part of the building permitting process. In addition, each tenant's lease will require that a copy of the sheet be submitted with their applications fbr occupational licences. This spread sheet will be maintained and updated by the property owner and will indicate the mount of provided parking on the site, the deduction of required parking per bay and applicable calculation rate, and the remaining unallocated amount of parking spaces. This monitoring method is similar to what b~ts previously been accepted by the City in similar situations, such as Levitt Commercial's project on Lots 9-12 C~ High Ridge Commerce Center. The applicant agrees to monitor the utilization of parking ms outlined above, and this method will put no undue monitoring burden on City staff. I hope this addresses any concerns you may have. Please feel free to call with any questions. Sincerely, Project Planner CC: 2 5 "' Pt .~'...'h':t~ " [O~EPAflTI~. ENT OP DEVELOPMENT~ Michael Rumpf ;': ...... ' Robert Burrow 1- ,' Old Ok¢cchobee Rout[ Suite 106. West Pa}m Beach. Fl_ 33409-5270 Tel: 561-680-4671) · Fax: 561-689-5550 "E-mail: winstonwhu~.aol.com EXHIBIT "C" Conditions of Approval Project name: Quantum Park DR/Lot 3 File number: USAP 04-002 Reference: See Exhibit "D" - Quantum Park DRI Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be accomplished by using a spreadsheet. This spreadsheet would be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT continuously maintained by the property owner or property owners association and submitted to the Building Division during the permitting process for interior renovations. In addition, thc property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees with this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. 2. The applicant must present traffic data and a statement indicating that the X proposed use(s) would not exceed traffic counts currently approved for the DRI as based on square footage and uses approved for lots designated "Industrial" and "Office". ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. See condition #1 for added revision underlined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ S:\Planning\Shared\Wp~Projects\Quantum Lot 3~USAP 03-002\COA.doc EXHIBIT D Quantum Park Revised Use List Request Bocar Properties, Inc. - Lot 3 Quantum Park Request to Allow Medical Office The applicant has submitted a use request revision to allow the following use under Section C., OFFICE, of the approved use list for the Quantum Park DRI. These uses are proposed to be allowed on Lot 3 only. Medical Offices7. 7Applies to Lot 3 only. 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. Noise. No use shall be carded 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 above requested use shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. Vibrations. No use shall be carded 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 above requested use shall not create ground vibrations which would be perceptible beyond the property lines of the subject lot. 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 fights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carded 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 and shall comply with all federal, state, county, or city laws or permits pertaining EXHIBIT D to same. Odors and fumes. No use shall be carded 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. o Toxic or noxious matter. No use shall be carded 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 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. Response: The proposed use will not allow the discharge of any toxic or noxious matter so as to cause damage to 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. Fire and explosion hazards. No use shall be carded 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 of the 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. 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 fxom 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. No additional lighting is being proposed for the building and the site complies with the City approved site plan which required that lighting be directed away from any residential use. Page 2 EXHIBIT D o 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 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 fights-of-way. Response: 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, with the exception of the disposal of bio~hazardous waste, which will be handled by an outside licenced company. The company will pick up those materials and they will be disposed of off-site according to current regulations. 10. Electromagnetic interference. No use shall be carded 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 carded out in any zoning 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: The proposed use do not use, handle, store or display hazardous materials, or generate hazardous waste as described in this section. Page 3