AGENDA DOCUMENTS
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO 95-509
Agenda Memorandum for
september 19, 1995 city Commission Meeting
FROM
Carrie Parker
city Manager
Tambri J Heyden '1-~ "
Planning and Zoning Director
September 14, 1995
TO
DATE
SUBJECT
Quantum Park - USAP 95-003
Use Approval (Packaging concepts)
Please place the above-referenced request on the September 19, 1995
City Commission agenda under Development Plans
DESCRIPTION Jeff Lis of the Catalfumo Companies, agent for P J M
and Associates, property owners of a proposed development in the
Quantum Park planned industrial development (PIO) to be located at
4925 Park Ridge Boulevard (southwest of Park Ridge Boulevard and
Beta Drive) is requesting use approval to amend the list of
permitted uses for the Quantum Park PID The amendment would allow
for research and development and the manufacture of non-aerosol
spray dispensing systems on lots industrially designated within the
Quantum Park PID
RECOMMENDATION The Planning and Development Board, with a 7-0
vote, recommended approval of this request subject to staff
comments within Planning and Zoning Department Memorandum No 95-
479 At the meeting the applicant raised a concern with providing
the surety as suggested by the Engineering Department (Memorandum
No 95-234) Although the applicant had agreed to providing the
surety, they were having difficulty with arriving at surety
language that was definitive and acceptable to the Engineering
Department Therefore, the Board's recommendation was also subject
to resolution of this issue
I have a subsequent memorandum (No 95-352) from the Engineering
Department that indicates that their comment was a recommendation
Quantum Park is governed by a Hazardous Materials Contamination
Response Plan as a requirement of the DRI I S development order,
which sets forth guidelines for the preparation of such a plan by
each tenant The attached pages (15 - 17) are from Quantum 's
response plan guidelines and address surety Therefore, it is
recommended that the applicant provide surety in compliance with
this section
TJH dim
Attachment
xc Central File
a CCAllUSI! Pk;
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO 95-479
TO
Chairman and Members
Planning and Development Board
FROM
Tambri J Heyden
Planning and Zoning Dlrector
DATE
September 12, 1995
SUBJECT
Quantum Park - USAP 95-003
Use Approval (Packaging Concepts)
NATURE OF REQUEST
Jeff Lis of the catalfumo Companies, agent for P J M and
AssOclates, property owners of a proposed development in the
Quantum Park planned industrial development (PID) to be located
at 49~5 Park Ridge Boulevard (southwest of Park Ridge Boulevard
and Beta Drlve), is requesting use approval for research and
development and the manufacture of non-aerosol spray dispenslng
systems Specifically, the applicant is seeking to amend the
list of permitted uses at the Quantum Park PID to allow the above
use on a portion of lots 47A and 47B, deslgnated as "Industrial"
on the Quantum Park master plan (see Exhibit "A" - current list
of permitted uses for the Quantum Park PID and Exlnbi t liB" -
Quantum Park location map/master plan)
BACKGROUND
The land use designation of Quantum Park is Industrial The
City's comprehensive plan allows for the development of light
manufacturing and research and development activlties in the
Industrial land use category which encompasses the M-l, Light
Industrlal, zoning districts and the PID, Planned Industrial
Development districts The City'S Land Development Regulations,
specifically the Planned Industrial Development (PID) district
guidelines, was designed to provide a zoning classiflcation tor
light industrial development that would better satisfy current
demands tor light industrial zoned lands by encouraging
development that will reflect changes in technology and to relate
the development of land to a specific slte and to conserve
natural amenities In addition, it is intended "to accomplish a
more desirable environment for industrial development in relation
to eXlsting and/or future city development, permit economies in
provlding publiC services, allow for economies of scale in
industrial development, and to promote the pUblic health, safety,
convenience, welfare and good government of the City of Boynton
Beach" As a matter of comparison, it is noted tl1at the
manutacturing of non-aerosol dispensing systems is not an
expressly permitted use in the M-1 district
Pursuant to Chapter 2 - Zoning, Section 7 E , in a PID, a
building and its customary ancillary structures and land uses may
be erected, altered and occupied for any office, professional,
business (wholesale and retail), educatlonal institution, adult
entertainment in accordance with Section 11 M of the zoning code
o~ industrial uses provided that such use or uses is/are approved
by the Planning and Development Board To approve such a use,
the Planning and Development Board must make findings that the
proposed use will not be in conflict with the performance
standards listed in Section 4 N of the zoning regulations, and
that the use proposed is consistent with the intent and purposes
of the planned industrial development dlstrict
ANALYSIS
The purpose of the City's performance standards is to ensure that
use3 will not be a nuisance or hazard to pel sons, animals,
vegetatlLn or property located on adjacent or n~arby propertie3
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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, tOX1C or
noxious matter, odor, glare, heat or humidity, radiation,
electromagnetic interference, fire or explosive hazard, liquid
waste dlscharge, or solid waste accumulatlon The proposed use
for the purpose of research and development and manufacture of
non-aerosol spray dispenslng systems at this location will
include construction of a 24,158 square foot buildlng on the 1 48
acre slte on a portion of lots 47A and 47B within Quantum Park
In addressing Chapter 2, Section 4 N Performance Standards of
the Land Development Regulations, the applicant has stated as
follows
1 Noise Section 15 8 Noise Control
The manufacturing functlons of Packaging Concepts
will only produce low level noise lnside the
building and absolutely no noise outside the
bUilding Packaging Concepts will not be ln
violatlon of any proviSion contained within
Section 15-8 through Section 15-8 8 of the City of
Boynton Beach Municipal Code or applicable
ordinances
2 vibrations
Packaging concepts' production equipment, such as
the inJection molding machines or liquid filllng
equipment, are not capable of producing any
perceptible vibration inside or outside of the
bUllding
3 Smoke, dust, dirt or other particulate matter
Packaging Concepts facility must conform to the
FDA's GMP (Good Manufacturing Practices)
regulatlons, and as such cannot have or tolerate
smoke, dust, dirt or other particulate matter
within the plant environment
4 Odors and fumes
Packaging Concepts does not anticipate odors or
fumes to be perceptible outside of the building
They do not anticlpate maKing products that will
generate fumes
5 Toxic or noxious matter
Since all Packaging concepts products are either
taken orally or used topically on the skin of
humans, they have no toxic or noxious materials in
the plant or in products they produce
6 Fire and explosive hazards
The spray dispenser manufactured at this locatlon
is a non-aerosol mechanical type pump that does
not require any propellant for atomization The
liquid products being produced by PC may require
either tax paid pure alcohol or specially
denatured alcohol (SDA) While alcohol is
flammable, Packaging Concepts will work closely
with the Boynton Beach Fire Department through the
city'S environmental review process to store and
use this commodity in conformance with Chapter 9
of the City of Boynton Beach, Code of ordinances
Packaging Concepts must also work closely with the
U S Bureau of AT&F, who regulates the use,
shipment and storage of alcohol for non-beverage
use
1
Page 3
Memorandum No 95-479
Quantum Park - USAP 95-003
Packaging Concepts
7 Heat, humidlty and glare
Packaging Concepts' production equlpment and
machinery should not produce external heat,
humidity or glare The entire plant will be air
conditioned with humidity controls since humidity
can affect the quality of the offset printing
process and other packaging operations
8 Liquid Waste
Packaging Concepts does not anticipate haVing an
excess of liquid waste The only real liquid waste
anticipated is the clean-up wash water for the
cleanliness and sanitization of the compounding
batch tanks and liquid filllng lines between
product runs In order to prevent any liquid waste
getting into the city's waste water collection
system, a special liquid waste collection
arrangement will be used ThlS waste will be
pumped into a special large holding waste tank to
be pumped out by a private, approved disposal
company Packaging Concepts shall not be in
violation of any provlsion contained in Section
26-112 through Section 26-408 of the Clty vf
Boynton Beach code of Ordinances
q Solid waste
The solid waste generated by Packaging Concepts
will be corrugated and other paper packaging waste
together with mlsprinted, reJected printed plastlc
tubes suitable for recycling None ot Packaglng
Concepts' solid waste will be in violation of
Chapter 10 of the City of Boynton Beach Code of
Ordinances
10 Electromagnetic Interference
PaCkaging concepts has no equipment to cause or
create radiation or other electromagnetic
interference in or outside the plant
11 Hazardous materials and waste
As noted above, Packaging Concepts will produce
products for human consumption and use as over-
the-counter drugs, possibly prescription drugs and
other cosmetic and specialty products Packaging
Concepts may dedicate a portlon of the plant which
will be segregated to produce a pesticide product,
such as an insect repellant for topical skin use
The area would be isolated together with the
packaglng equipment and wholly independent of the
normal, human OTC productive area If they elect
to produce this type product, registration with
EPA would be required and would be guided by their
regulations for pesticide products AS noted
above, any hazardous waste material would be
disposed of using private hazardous waste disposal
companies
Certification
Packaging Concepts Associates, Inc has certified
to be in compliance with each of the ten numbered
portions of Paragraph N on a continuing permanent
basis packaging concepts also agrees to hold
harmless and indemnify (In perpetulty) the City of
Boynton Beach from actions brought relating to
activities outlined in Paragraph N, including but
not llmited to consultant and attorney fees, and
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Page 4
Memorandum No 95-479
Quantum Park - USAP 95-003
Packaging Concepts
provide irrevocable surety for each Lastly,
Packaging concepts agrees to respond to Section
11-3, "Environment Review Permits" of the City of
Boynton Beach, Code of ordinances separately and
prior to the issuance of a building permlt, as
required by City codes
RECOMMENDATION
The Planning and Zoning Department recommends that the list of
permitted uses for the Quantum Park PID be amended to include the
deslgn and manufacture of new non-aerosol dispensing systems,
subject to environmental review, as proposed by the applicant,
Packaglng Concepts Assoclates, Inc on lots designated as
"Industrial" on the Quantum Park master plan This
recommendation is based on the analysis above that finds the
proposed use to be in contormance with the City'S zoning code of
the planned industrial development district and the City'S
Comprehensive plan
DCD
Attachments
xc Central File
A USEAPPR PAC
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EXHIBIT "A"
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/ be prepared ilf current dollars for the point in time during the
operation of the structure when closure or remediatioR would be
most expensive, as stated in the closure plan (see CFR Part
264.112a)).
The owner or leasee shall adjust the closure and post-closure
cost estimates each year within 30 days of the anniversary of
the approval of the financial demonstration. The adjustment in
the cost estimates shall reflect inflation and changes in the
operation of the facility which make closure or post-closure more
less costly.
The owner or 1easee shall establish financial assuranc. for
closure and post.-closure care of t.he facilit.y using one or more
of the following opt.ions:
1. Trust fund.
2. surety bond guaranteeing payment into the closure and
post-closure trust funds.
3. Surety bond guaranteeing performance of closure and
post-closure.
4. Closure and post-Closure letter of credit.
5. Closure and post-closure insurance.
6. Financial test and corporate guarantee for closure and
post-closure.
The closure and post-closure plans and cost estimates shall be
prepared and certified by a registered professional engineer and
shall be approved by the EPA Regional Administrator and other
,
regulat.ory agencie.. T~e basic requirements for the financial
assurance options are stated in 40 CFR Parts 264.143 and 145.
In addition, each owner or leasee that handles, stores, uses, or
generates regulated subst.anc.. .hall "d.mon.t.rat.. financial
re.ponsibility for bodily injury and property damage to third
16
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parties caused by sudden accidential occurrences arising from"
the operation of the facility (40 CFR Part 264.147). .The owner
or leasee shall maintain liability coverage for sudden accidental
occurrences of at least $1,000,000 per occurrence with an annual
aggregate of $2,000,000 excluding legal defense costs. The
liability demonstration requirements are stated in 40 CFR Part
264.147.
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~~nd hazardous waste containment systems.
The containment areas and oil/water separators shall only be
provided in the parking areas, truck runways, loading ramps and
docks, and chemical storage areas, where regulated chemicals or
hazarGuds materials are likely to be transported.
8.0
GUIDELINES
FOR
THE
DEMONSTRATION
OF
FINANCIAL
RESPONSIBILITY
No regulated chemicals, hazardous materials, or hazardous
wastes shall be handled, stored, used or generated by any owner
or lea see until 60 days after the date on which said owner or
leasee shall establish financial assurance for closure of the
facility in compliance with 40 CFR 264 143.
Each owner or leasee that handles, stores, uses, or generates
hazardous wastes shall establish financial assurance for
closure of the facility by choosing from the options as
specified in paragraphs (a) through (f) of 40 CFR 264.143, by
satiSfying all requirements of such option chosen and securing
the approval of the appropriAte regulatory agencies, and by
,
otherwise complying with 40 CFR 26.140-150.
In accordance with 40 CFR Section 264.142, the owner or leasee
shall prepare a cost estimate for closure and post-closure care
of the hazardous waste containment structure. The estimate must
15 00038
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EXHIBIT "B"
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OCTOBER 21, 111I4
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