Loading...
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