CORRESPONDENCE
09 14 95 13 34 ~~l I 40i 4/1 1~01
1.11. ~ I '\ I.U ::,
~ UU I <I
.... __.. ____ _0.
r LrIl.!:.'l:":J m:o n
__('nfl!r~G IJFP1;___ -t.~~_
DEVELOPING · BUILDING. LEASING. MANAGING
Memorandum YII-( ~
To' Planning and Zoning Division
011111 paS.. .
From :S-. u. S
Co.
Ptlllr'e 1/
Phone'
From Jeff lis
Fal'
Fax ,
Re' Packaging Concepts
Use Application Surety Requirement
Now that the Use Application has been reviewed and the use has been recommended
for approval we are requesting to /'lave dlsdosed to us exactly what the surety
requirement will be, and to cleariy define the basis fo- the surety
If there Is no basis for the surety code requirement, schedule of surety to be charged,
etc. we are requesting that the reference to Irrevocable surety be deleted from the
Certification portion of the application response.
Initially the pledge of irrevocable surety was offered in response to a memo written on
July 12 1995 by Bill Hukill ( a copy of which is provided herewith) which stales that if
his department administrated Use Applications he wd\Jld require Irrevocable surety to
guarantee compliance with the ten performance standards provided for in the code
which serve as a barometer for use approvals
Clearly in the case of Packaging Concepts no case can be made that their proposed
use, which has been recommended for approval by the Planning and Zoning Division,
has any conflicts with any of the ten performance standards of the code
Our inclusion of the language in the original application was merely a restatement from
Mr Hukill's memo. The petitioner felt that if Staff found the petitioner not to be, or even
to potentiany not be in compliance with any of the performance standards, that they
were willing in good faith to post a surety bond to guarantee compliance Into the future.
I have discussed this with Mr Hukill and Dan DeCario.
Mr Hukill maintains the position that, "if his department were the administrators of use
approvals I they would, etc. etc. ,but they are not etc etc. so he is deferring to the
City Atlomey"
All I want to know is this: If 'lie are required to post surety, how much, for what, and
what is the code or ordinance that establishes the basis for charging the surety related
to compliance with performance standards.
<t;'f-Iq~
1540 lAnIAM ROAD. WESf PALM BEACH. FL33409 · (407) 471-0338 · FAX (407) 471.1201
>?
l-
%e City of
'Boynton 'Beacn
100 'E. 'Boynton 'Beadr. 'Boufeva.rtf
P.D 'Bo:(310
'Boynton 'Beadr., 1"Coritfa. 33425-0310
City 1lalL (407) 375-6()()()
1".JIX, (407) 375-6090
TO
Jeff Lis
Agent, catalfumo
FROM
Tambri J Heyden
Planning Director
THROUGH
Dan DeCarlo
Assistant Planner
RE
Request for Waiver
Master Plan Amendment
Boundary Plat of Lots 47A and 47B
Quantum Park
Packaging Concepts
Pursuant to City of Boynton Beach Land Development Regulations relating to
PID design criteria (Chapter 2, Section 7 H) and as a result of the plans
and documentation as submitted, an exemption has been granted to the filing
of a Master Plan for a portion of platted lots 47-A and 47-B in Quantum park
aka packaging Concepts
5tmeriaz s (jateway to tfu (jul/stream
~
J
%e City of
'Boynton ~eacli
100 'E. 'Boynton tJJeadJ 'Boule'lJO.rtf
P.O. 'Bo~.no
'Boynton 'Beam, 1forUfa. 33425-0310
City:JfJJfL (407) 375-6()()()
1"JU. (407) 375-6090
July 14, 1995
Mr Jeff Lis
Catalfumo
1540 Latham Road
West Palm Beach, Florida 33409
RE Use Approval - Packaging Concepts
Dear Jeff
Please find attached copies of the sections of the City code that
were referenced in the performance standards I faxed to you
earlier this week
Yours very truly,
Site Administrator
MEH arw
Attachments
5lmeTUa s (jateway to tne (julfstream
54
(b) Satellite dish antennas shall be
freestanding, ground mounted, and self
supporting without structural connections
to any other structure or building
(c) No part of any satellite dish antenna
installation may extend beyond the height
of the horizontal eave line of the first
floor of any single-family or duplex
home
(2) Satellite dish antennas installed to serve
any use other than single-family or duplex
homes must also comply with the following
requirements
(a) Chapter 4 of the Land Development
Regulations
(b) Only one (l) satellite dish antenna may
be located in a multifamily complex and
it may not be located on a roof Nothing
in this provision shall be construed to
alter or impair any rights, authority, or
restrictions imposed by deed or under the
rightful authority of any homeowners'
association
(c) A satellite dish antenna installed in
commercial and industrial zoning
districts may not be located on a roof so
that the dish is visible from a public
right-of-way or residential district,
except as stipulated in 1 a (4)
hereinbefore
(d) Satellite dish antennas which are mounted
on a tower and used for communication in
connection with the operation of a
business shall provide reasonable
screening and shall be subject to
conditional use approval
(3) Satellite dish antennas properly permitted
prior to the date of publication of this
section may remain in place notwithstanding
provisions stipulated herein No antennas
grandfathered under this paragraph may be
replaced, reconstructed or modified, however,
without bringing the entire installation into
full compliance with this section
N PERFORMANCE STANDARDS All uses located within the city
shall conform to the performance standards set forth
below, and shall be constructed, maintained and operated
so as not to be a nuisance or hazard to persons, animals,
vegetation or property located on adjacent or nearby
properties or rights-of-way, or to interfere with the
A4op~a4 April 4 1"5 Or4iaaaca 0'5 02
.aviaa4
2-11
54
reasonable use or enjoyment of adjacent or nearby
property by reason of noise, vibration, smoke, dust or
other particulate matter, toxic or noxious matter, odors,
glare, heat or humidity, radiation, electromagnetic
interference, fire or explosion hazard, liquid waste
discharge, or solid waste accumulation Furthermore, no
use shall be carried out so as to create any nuisance or
hazard which is violation of any applicable federal,
state, county, or city law or permit, and all such laws
and permits are hereby adopted as performance standards
in these zoning regulations
1 Noise No use shall be carried out in any zoning
district so as to create sound which is in violation
of Section 15-8 of the City of Boynton Beach Code of
Ordinances
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
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 of the 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
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 the district abuts any residential district
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 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
A4opC.4 Apr11. 1995 Or41DaDc. 095 O~
a.v1a.4
2-12
14
property on which the use is located, or to
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 or
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
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 zoning regulations,
so as not to create a nuisance to such residential
uses
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 Beach Code of Ordinances, or any
applicable federal, state or county laws or permits
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
Ordinance, or which would cause solid waste to be
transferred in any manner to adjacent or nearby
property or rights-of-way
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 proper 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 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
Adopted Apr11 4 1'" Ord1nance 0" O~
aev1.ed
2-13
54
11 Hazardous materials and hazardous waste
a Prior to the issuance of an occupational license
in the city, the operator of any use that uses,
handles, stores or displays hazardous materials
or that generates hazardous waste, as defined in
40 Code of Federal Regulations, Part 261, and
requires a permit for same from a state or
federal agency, or requires periodic reporting to
a state or federal agency, shall be required to
obtain a permit in accordance with Section 11 3,
Environmental Review Permits
b The operator of any such use shall be required to
design and construct, prior to occupancy, an
appropriate separate spill containment system to
hold spilled hazardous materials for cleanup,
independent from the storm water drainage system,
along with an appropriate early warning
monitoring program The containment system and
monitoring program shall be a type which is
generally acceptable to the Florida Department of
Environmental Regulation and the South Florida
Water Management District, and shall serve all
structures or areas where hazardous materials are
used, handled, stored or displayed, or where
hazardous wastes are generated
c Depressed truck wells which are utilized by users
of hazardous materials and generators of
hazardous waste shall provide a drainage system
which shall be designed and maintained to include
oil and grease receptors, and open bottom
sedimentation pumps as pollutant retardant
structures Such systems shall be designed so as
to prevent pollutants from entering surface
waters and groundwater Parking areas and
driveways adjacent to truck wells shall be
designed to divert runoff to storage and
exfiltrations systems on-site, prior to discharge
into surface waters or storm sewers
d Users of hazardous materials and generators oe
hazardous waste shall develop hazardous materials
response plans prior to the operation of such
uses, which shall require the approval of the
environmental review committee This plan shall
identify appropriate measures for contamination
response including, but not limited to,
(1) Provision of equipment and trained personnel
on-site or a contract with a contamination
response firm meeting Florida Department of
Environmental Regulation standards, where
appropriate,
Adopted April 4 1"5 Ord1nanca 0'5 O~
.evi.ed
2-14
54
(2) Specification of follow-up water quality
monitoring programs to be implemented in the
event of contamination,
(3) Specification of design and operational
measures to contain and direct contaminated
surface runoff away from lakes, ponds,
canals, drainage structures and/or other
connections to the surficial aquifer,
(4) Specifications for the development and
implementation of an early warning monitoring
program,
(5) Proof of financial responsibility which will
assure that cleanup costs can be provided,
(6) A copy of the permit issued by or application
for permit to the governmental agency or
agencies responsible for permitting the
handling, storage, display, or generation of
the particular hazardous materials or
hazardous wastes Where only periodic
reports are required to be supplied to such
agencies, copies of these reports shall be
provided to the environmental review
cormnittee,
(7) Where the information required under (1)
through (6) above is required as part of the
information required for permitting by or
reporting to governmental agencies
responsible for regulating hazardous
materials or hazardous wastes, this
information shall be considered sufficient
for the purpose of this section
Section s. Residential district regulations and use provisions.
A R-1-AAA SINGLB-FAMILY RBSIDENTIAL DISTRICT These
district regulations will create the lowest population
density of not more than 3 48 dwelling units per acre
1 Uses permitted Within any R-1-AAA single-family
residential district, no building, structure, land or
water shall be used except for one of the following
uses
a Single-family dwellings including the garages and
other customary accessory buildings Carports
are not allowed Disaster shelters are
permitted The shelters are to be used only for
the designated purpose in times of danger
b Churches and other places of worship with their
attendant accessory uses, providing for a minimum
site of one acre with a minimum of one hundred
fifty (150) foot frontage Nursery schools,
primary and secondary schools and colleges and
universities are not to be construed to be an
Adopcad April. 1"5 Ordiaaaca 0'5 01
.avi.ad
2-1.5