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AGENDA DOCUMENTS PLANNING AND ZONING DEPART MEMORANDUM NO 95-509 _11. DEVELOPMENT PLANS F. cc: Planning, Develop. Utilities r { _:I ..~ ,_-,u I ~ 'J' Agenda Memorandum for September 19, 1995 city Commission Meeting -------- .-.--- -- FROM Carrie Parker City Manager Tambri J Heyden .~~ planning and Zoning Director TO DATE september 14, 1995 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 (PID) 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 PIn The amendment would allow ~'tl\. for research and development and the manufacture of non-aerosol spray dispensing systems on lots industrially designated within the Qualttum Park PID 1'/.(,.,1-, ~ ~~~ # rl s-M~~-~~ ~~-fo '6:~ .f.~'(..--~.::li_<(---,t~-y~ rJht..z.':ut:"v-'-:1 C1. "}l.(.~'- L;"""-.J-C . ;-tJ a/:J'pL-('".~ r .Rid/- ~-d*~-ztlZ'~.....e RECOMMENDATION The Pla~ning 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 th~~eeting the applicant raised a concern with providing )~~~~ the surety~~gested 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 ~.~uantum 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 s~rety Therefore, it is recommended that the applicantf~~~urety in compliance with this ~.... I ~fi~ TJH dim Attachment xc Central File a CCA\lUS! P~\1 09 14 95 ]3 34 F~l 1 407 471 1201 l:tl "\!-~ L 'Ill LV :, ~ 001 JOl ,. '-' . w,CJn Ihe ,~ up.. ." . r LJ~.I.1'.IJ:\I~ flr;n f1 Iln!!I~L1IJFPl.{'.,'-?"f.,:. -_. ._-~._- DEVEWPING . BUIWING · LEASING. MANAGING Memorandum i'4 ~ To' Planning and Zoning Division pOlt.lr Fax Note 7671 To I~ Dalll pa~a. · From ::! u. S Co. Phone * Pl1Dne It 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 t'1ave disdosed 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 wdUld 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 tt1e case of Packaging Concepts no case can be made that their proposed use, which has been recommended for approval by the Planning and Zoning Divlsloll, has any conflicts with any of the ten perfonnance standards of the code Our inclusion of the language ir: 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 potentiaRy 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 inte the future I have discussed this with Mr Hukill and Dan DeCarlo. Mr Hukill maintains the position that, "if his department were the administrators of use approval. . they would, etc. etc. ,but they are not ate etc. so he is deferring to the City Attorney" All I want to know is this: If Yle 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. 9~fL!q~ 1540 lATIiAl\1 ROAD. WEST PALM BEACH. FL 33409 · (407) 471.0338 · FAX (407) 471-1201 r~'l ~ @ ~ n ,g rn ~ IUll~A~I~ DEVELOPMEIIT DEPARTMEIIT l_. II EIIGIIIEERIIIG DIVISION MEMORAIIDUM 110 95-352 ___~~t~i~~g~~ ~n TO Tambri J Heyden Planning & Zoning Director ~~g~~~~~l' P E September 14, 1995 FROM DATE RE PACKAGIIIG COIICEPTS Our July 12 memo No. 95-234 apparently has been interpreted as placing a surety requirement on the applicant for subject installation What it actually did was admit that we were neither administrators of Chapter 2 nor expert on paragraph N, but if we were we likely would require certain things of an applicant, including performance surety That was not a condition, it was advice You may utilize or ignore the advice as you see fit, which is totally appropriate because you are much more knowledgeable about the entire situation than we are , Interestingly, the applitant agreed in writing (on August 9) to provide surety WVH ck xc James Cherof, City Attorney Jeff Lis, Catalfumo C:PACKCONC.REQ ,. ), ) / III ~ ~ DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO 95-234 TO Tambri J Heyden Planning & Zoning Director FROM _am J:lukill, p E EngJ.neer DATE: July 12, 1995 RE: PACKAGING CONCEPTS Please recall our concerns expressed in detail at the July 11 TRC meeting specifically regarding LDR Chapter 2, section 4, paragraph N, pages 2-11 to 2-15 requirements as they relate to subject project The performance standards included therein are very subjective and, frankly, beyond this department's expertise to make determinations, particularly considering that no submissions have been offered with respect to the standards In other words, we have insufficient information to comment on the performance standards, and even if we had such information, we are not qualified to make any judgement We are not administrators of Chapter 2, but if we were we likely would require the applicant to submit certification by qualified experts regarding compliance with each of the ten numbered portions of paragraph Ni submit (and record) a document guaranteeing permanent compliance with all portions of paragraph Ni hold harmless and indemnify (in perpetuity) the City from actions brought relating to activities outlined in paragraph N, including but not limited to Consultant and Attorney fees i and provide irrevocable surety for each WVH/ck C:PACXCONC.COM Carrie Parker, City Manager James Cherof, City Attorney Robert Eichorst, Puplic Works Director Mike Haag, Zoning/Site Administrator Skip Milor, Utility Dept Chief Inspector John wildner, Parks Superintendent ~ Ii! ill Al Newbold, Deputy Bldg Official fO) ffi @ ffi n-"L~ ~ IUUC: I . P NNI NI xc ~ /" ,/ / ,., /' // ~~nd hazardous waste containment systems :c. 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 hazarGuus 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 leasee 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 l43. 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 8ppropri~te regulatory agencies, and by I 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 0003H ....... LlU...__UJ......_ ~~.~l_-__.lllU__--........._.~.-_n ~JL.~...~.~-"-,-._--, .,-.,-.__-- .~ -.- ,/ . r - /' ..- // /~e prepared iri' current dollars for the point in time during the operation of the structure when closure or remediation 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 leasee shall establish financial assuranc~ for closure and post-closure care of the facility using one or more of the following options: 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 , regulatory agencies. 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 substance. .hall "demon.trate financial re.ponsibility for bodily injury and property damage to third 16 '.~1.____ ,~....l. _..-.d_~""'T_.J~J...~..... ,....~ . ".~' . ~.~ , ~.. ~ . I ~ .. ~_...... I' ... ~ ( /// / ;-.....,./ /' 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. " 17 ~~ .In .1.__ f.,,",'I:, ....r '~~'r--"-."......"""~"",,,~ ,........~...,..,......-.~.........--;.__~'._"'.n__.~~ ~ "_ -.-1 ~ ..., PLAlHlING AND ZOlHNG DEPARTHENT HCt.IORJ;..tlDUH NO 9~--n9 ':'0 Chalrman ~nd Members Plailnln~ and Dev=lupment Board fROH Ta,aOl-l J HeYC1en Plar.nlng dnd ZOlung 011-e.::tor DATE September 12, 1995 SUBJEL'T Quantum ParK - USAP 95-003 Use hppr.)'l:il (Packaglllg concepts) NATURE OF REQUEST Jeft L1S of the Catalfumo Companles, agent tor P J M aad A.;;s0c1ates, {:roperty O\vner,:; at a proposed C12velopment 11. the Quantum Park planned 1ndustrlal de'elopm~nt (prO) to D~ located c.t 49_S ParJ( Rldga BOlllt::vard (south\..est ot ParJ" Rld9l:: BOlileval-d alld Beta Dr1Ve), is requestlng u~e approval tor rese..il.cn ..inu develcpment and the manutacture ot non-aerosol spray d1~penslllg systems Specltically / the appllcant lS seeking to a,llend tlla llst ot permltted uses at the Quantum Park PID to allow th~ ~t0ve usa un a portion of lot,:; 47A and 47B, deslgnated as "Indu;;,tl.l.:d on tn.: Quantum Park mas ter plan (see E>.hibl t "A II - cu:n 0::::11 t 11::. t of permltted usas for the Quantum ?ark PID and E~lublt "B I - QtLalitum Pal-1\. locatlon map/master plan) BACKGROUND Tna land use designation of Quantum Park lS Industr1al Tne City'S comprehensive plan allows tor the deve~opment ot llgnt malllltacturlng and researCl1 and development actlvltle& 1n ti'le Il.dustllal lanj usa category Wl1icl'l encompasses the H-l, Llght Inaustllal, zoning districts and the PID, Planned Industrial Development dlstricts The City'S Land Development Ragulations, specltically the Planned Industrlal Development {PID} d1Stlict guidelines, was designed to provide a zoning classltlcatlon tOl light industrial development that would better satlsty CUll ~l.t demands for light industrlal zonad lands by encouraglng do::::velopment that will retlect changes in technology and to relate tue davelopment of land to a spec1Iic slte and to con~erve natural amenities In addition, it is lntended "to accomplish a more deslraole envirorCm~l1t tor industr1al development 1n rc:latlon co tilxJ.,i t ing and/ol- futul-e Cl ty development, perna t economies 1n prov1ding public services, allow for ~conomies of .cal~ 1U J.ndustrlal development, and to promote the publiC health, safety, convenience, welfare and good government of the City of Boynton Beach" As a mattel- of comparison, it is noted that the manufacturing of non-aerosol dispensing systems is not an expressly permitted use ln the M-l distrlct 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 occupled for any office, professional, business (wholesale and retail), educational institutlon, adult entertainment in accordance with Section 11 M of the zoning code or J.ndustrial uses prOVided that such use or uses is/arQ ~~r-- by the Planninq and oevelopment Soard To approve such a use, the Planning and Development Board must make findinqs that the proposed use will not b. 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 ot ~he planned industrial development dlstrict ANALYSIS The purpose ot the Clty's pertormance standards is to ensur~ that use a w~ll not oe a nuisance or hazard to pel sons, an~rnals, \~9~tatl~n or propeLty located on adJacent ~r n~arby propeltle3 or r1~nt-ot-way, or to l~tertere wltn ~he leascndOla us~ or anJoyment ot adJacE:n~ 01- nearty prop-=rty by reas(..n \ 1: 1.\)1~~, vlbratlon, sil1oke, dust Ol- ocher part1clll.1ta matter, tl......1<.:: 01 nO.....10U.3 matter, odor, glare, Ilea t ur hllflUd1 ty 1 adLH_1ull ale~tr0magnet1c 1nt~rteren:e, flre 01 ~Lpl_si"o:::: hazald 11~Uld ioJa3L:e dL5cliarge or SOlld Ivasta accumulatIon The pl P,-,SI:'C1 Ll~t: ':01. tile pUrf:u32 ot 1-eS~.1rcj;. and .::1evelcpment anel i11anuractlll~ (t 1.0il-o.e1U:::,01 Sp1-a} d1sp~r.::'1.l1g ~~.5t:er,ls at tl1l3 locatlCi. I-Hll Include cons~ruct1on 0t a 2~,158 square toot bU1ldl110 vn ~Ilt:' 1 ~b aCle 3:i.te on a POl-tIon ot lots .:t7A and 4n:l wltlnn Qlulit.um f5l} In addressIng Chapt~r 2, SectIon <1 N PerrOl"manCe St.illdaldl:. -..it the Lal.d Dev~loprllo::::ht Rt:glllatH.ll1.:>, the appl1cant Ilas :..,~at.t:j ,3::. fullow.:i 1 N01se Sect10n 15 8 NOIse Control The wanutactur1ng tunctIons of PackagIng conct:pt6 \'1111 01UY produce 10\"1 ie'lel neIse 1n31.18 Ule bU1ld1ng and absolutely n0 nui::.1:' out3_oe tilt: bUIldIng Packag1n~ Concepts W1ll nvt be 11 vi"lat1c.n ot allY prOV1S10ll contair.ed \-l1t1.11. Sect10n 15-8 through Sact10n 15-8 8 cr: till:: ,-lty vt Boynton Baach Mun1c1pal Code or appll,-abl~ ord1nances 2 V1brations Packaging Concepts I product1on equ1pmellt, ::jllCll ..i~ the 111J ect~cll mvldl11g nlQl..h1naS or l1qilld t 111 HIY equipment, ara not .....apaole "t pr~du~lng an~ pelcept1ble v1brat1on ins1de 01 01ltS1~~ ut tne bUIlding 3 Smoke, dust, dirt or o~her palticulate matter Pack~ging Con~epts fac~l~ty must contoiffi to tha FDA's GMP (Guod Manufactur1ng Practlcc.:>j regulatlons, and as such cailliat nave ~r tolelate smok~, dust, d1rt or other part1cula~E mat tal with1n tte plant enV1ronment 4 Odors and tumes Packaqlng concepts does not antlclpat~ od~r~ or fumes to be percapt1ble outside of the builo1ng They do not antl.C1pate maJUllg products that W1ll gen..:rate' fumes 5 Toxic or noxious matter Since all Packaging Concepts products are eIther taken orally or used topIcally on tne ~kin of numans, they have no toxic or nOX10US materIalS 111 tha plant or in products they produce 6 Fire and explosive hazards The spray dispenser manufactured at this locat1on is a non-aerosol mechanical type pump that does not require any propellant for atomization The liquid products being produced by PC may requlre either tax paid pure alcohol or speCially denaturpd ~Jrohol ISDA) While alcohol is tlammable, 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 Con=epts must also work closely with the U S Bureau of AT&F, who regulates the use, sh1pment and storage ot alcohol tor non-bevarage use .., -.- Pdgl: 3 M~marandum No 95-47~ Quantum Par~ - USAP 95-003 Fa~kaglnl Concept~ 7 H~at, 11um1dlty and glare p 3ckagllJg c~ncepts p1 c duc t 10n equIPlllcll t and 111 a : 111 u e r ~ s 11 l" U 1 d. not pro d U (; l: e}. tell i oJ. 1 Ll t:' a t I l1llmldltj or y13.L-e Tlle entll-e plant I1U...I.. bt: 3.ll. condl tloned \-i1 tn hllm1dll:Y C0n t1-01S oS l11,-~e j',umlc!l t y call artect the qualit} of the cttset pl1ut..l..ng ploce~s dnd ~thel packag1ug operatlu~~ B LlqUld Waste Pacl ag1ng Concepts does not antlcip:He l1aVlnq all a} ce3s 01: llqUld l"laste Tna only red1 ll--IlIld ~va:;,r.l: anti,::lpated 15 the cleau-l,p wash watt::r t01. Lh~ c ieanllness alld sani l:lzatlOI1 ot the ~umpu\l11d.l.llg batcll tanks and llqUl.d till.l.ng lines batwE:al. product runs In o~der to pr~vent any llquld wa&t~ ~ettIug Into the CIty'S waste water cl"l~ectl)n system a specIal lIqUId waste colle~tlon arral.gamE:nt will ba uSl:d Tlns wast:: \1111 DE: pumped lUto a spec1al large hOld1ng \va.5tl: t.:lld~ t< bl: pumped out by a private aJpreved dl~PC:;'Jl company PackagIng Con.::apts shall not b.? II. vlolat10n ot :in} pIov~Slon cont.:iined In ,st:::' t10I 26-112 thIough SectIon ~6-408 at the It t Boynton Beach C0de of OLd1nauc~s Cl Solid waste The sulid waste geli.erated by Packaglnq C,-IU....I2[Jt;:, wl.ll be corrugated and other paper p:id..aglng W..l.:>tt": together ~n tll ml;:iprim:ad l-.::J ectcd pll.l ted f l,;iti l II tubas suitable tor recycl1ng None ,.;L Po.:}..a-J_lll'J Concepts' solid waste WIll be 1n viol~tlon or Chapter 10 of the C1 ty ot Boynton BeacJi Code ot Ordl.nances 10 Electromagnetl.c Interferance Packag1ng Concepts has no equipmant to C3.use 01 creatE radlatIon or othl:r elactromaguetic interference In or outsIde the pl:int 11 Hazardous ~arerials and waste As noted above, packagIng Concepts W111 produce products for human consumption and use as uver- the-counter drugs, posslbly prescript10n drugs and other cosmetic and specialty products PacKagIng Concepts may dedicate a port Lon of the plant WhICh will be segregated to produce a pesticide product, such as an insect repellant tor topical skin U~~ The area would be isolated together Wl.th the packagl.ng equipment and wholly independent ot the normal, human OTC productive area If they elect to produce this type product, registrat10n with EPA would be required and would be gU1ded by the1r regulations for pestiCide products As noted ahove, any hazardous waste material would be disposed of us1ng private hazardous waste disposal companies Certification packaqinq Concepts Associates, Inc has certl.fied to be 1n comp11ance with each of the ten numbered portions of Paraqraph N on a contlnulng permanent basis Packaging Concept$ also agrees to h01d harmless and lndemnl.ty (In perpetuIty) the CIty ct Eoynto~ Peach trom act10ns brought relatIng to 3.Ctl itles lllltllnad 111 Paragraph N, Incll.dlng but II u t l.Ull C t:: d r 0 l. C i"1 3 U 1 t 3 n 1: :i, 1 d d t t ..l 1 n e J t 0:::: t:: ::. ~d I j Page -! Memordndum No 95-47~ QU3.11tUll\ part=- USAP 95-L03 Pac ],ag lng ':oncept:::. provIde Ir1e\Ocabl~ SUlety r~r ea_n ~a3~ly ?acKaglng Conc~pt::i ag1 o::::~s to 1 esp -,110 L'- ;:)c'- t ...0i! 11-3, "EnvIronment RevIew Pennlts' or [.110.= ('It:y or Boynton Bt;acl., code 01 Old1l1ctllCeS sepc1L6.t.;ly and p1-io1 tu tl1a lSSU6.nCe ot a bUIld1ng p~lmit d;:i lequlr~d by CIty codes REcotlt-lEND.Z\TION T~e Planning and ZonIng Department recommends that t~e lIst or permItted uses tor the Quantum Part PID be amended tc lllClude the deslgn :ll1d manutacture. at ilew non-aelosol dIspenSIng s;, stem~, 3ubJect to enVIronmental revlew, as proposed by the ,Ipplicdnt pa..::Lagl.ng Concept~ AssucIates, Inc on lots deslgrat'::"d as "Indust11al" on the Quantum Park master plan Tins r~~~mmendation 1S based on the analysls above th3t tlnds the propasad use to be 1n conformance with tha City'S zOlllng C0ue or tilk p~dnned Industrial development d1stllct and the City s ~omprehensive plan DC;) Attachments .{C Cent1al File A USEAPPR PAC , .... .." EXHIBIT "A" , PLANNING AND ZONING DEPARTME~ MEMORANDUM I TO: Don Jaeger, BUilding Official FROM: Tambri J. Heyden, Senior Planner Octobe~ 16, 1992 Quantum Park of Commerce PID - Permitted Uses (Update of Previous Memoranda dated January 12, 1989, and June 22, 1990 and correction of error on memorandum dated August 5, 1992) The following uses have been approved to date by the Planning and Development Board at the Quantum Park of Commerce Planned Industrial Development: DATE RE 1\ . CLUB Professional and Business Offices Nursery Schools and Day Care Centers1 B. COMMERCIAL Professional and Business Offices Nursery Schools and Day Care Centers1 C. OFFICE Professional and Business Offices Nursery Schools and Day Care Centers1 D. INDUSTRIAL Solvent Distribution Facility2 Warehouse, Distribution, Wholesale Electronics Manufacturing Research and Development Laboratories FP&L Substation (utility facilities) E. RESEARCH AND DEVELOPMENT INDUSTRIAL Motor Vehicle Emissions Testing Facilities F. OTHER Fraternal Order of Police Clubhouse Tri-County Railroad Station 1 Requires Conditional Use Approval (S.e Section 11.2 of Appendix 1\, Zoning) 2 Requires Environmental Review (See Section 11.3 of Appendix 1\, Zoning) In addition to the uses listed above which specifically require an environmental review permit, any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous wastes, as defined by 40 Code of Federal Regulations, Part 261, ahall also require a environmental review permit in accordance with section 11.3 of Appendix A Zoning. ~ 4 --<::1z.-JV14-' . .l ~~ Tambri J. He~n {, TJH/jm ee: J. Scott Miller, City Manager Christopher Cutro, Planning , Zoning Director Occupational Licensing Mike Haag, Zoning' Site Development Director' Dorothy Moore, Zoning' Site Plan aeviewer Steven Deutsch, Quantum Associates Central File Subject File 1022 ChronOlogical File A QUANTUM JM ..,. .",., EXHIBIT "B" , =~...~..... . ~ ------- -- -. ....~ _ .- - -e.-- ~ .:::;: -'--- ~ - -- ~ fr- te'''' ....... ;:~=-~=~.!!- QUIlIltuftl AssociateS QU^N"lllM ~~. ~ ..",; X LEGAL C 2 PLANNING AND ZONING DEPART MEMORANDUM NO 95-208 cc Plan, Dev, Util Agenda Memorandum for May 16, 1995 city commission Meeting FROM Carrie Parker city Manager Tambri J Heyden ~ planning and Zoning Director TO DATE May 9, 1995 SUBJECT Quantum Park, Lots 13 and 14 - File No ABAN ~95-007 Drainage easement abandonment Please place the above-referenced request on the city Commission agenda for May 16, 1995 under Legal - Resolutions DESCRIPTION Adoption of the attached resolution will finalize the action taken by the City Commission at the November 15, 1994 City Commission meeting At that meeting, the City Commission approved the abandonment of a 12 foot wide drainage easement located at the center line of the property line between Quantum Park, lots 13 and 14 Abandonment of the easement is necessary so that the recently constructed Motorola building wi thin Quantum Park will not encroach the easement Since the easement was used to convey stormwater from Quantum Boulevard, approval was subject to relocation/ rerouting of the drainage easement RECOMMENDATION The Planning and Development Board recommends approval of this resolution The Engineering Division has verified that the referenced condition of approval (relocation of the drainage infrastructure) has been satisfied TJH dim Attachments xc Central File ~ A~ndmB~ Cua/TJH ." ., RESOLUTION NO R95- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWELVE (12') FOOT WIDE D~INAGE EASEMENT, THE CENTER OF THE EASEMENT BEING LOCATED AT THE PROPERTY LINE OF QUANTUM PARK, LOTS 13 AND 14; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE WHEREAS, the applicant, Jeff Lis, agent for Daniel Catalfumo contract purchaser of Lots 12 - 14 within Quantum Park 1S requesting abandonment of a twelve foot (12') wide drainage easement, the center of the easement being located at the property line of Quantum Park, Lots 13 and 14 in connect1on w1th the proposed development of Lots 12 14 due to encroachment of a future building over a portion of the easement, and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easement no longer serves any useful purpose NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the C1ty of Boynton Beach, Florida by and through its City Commission does hereby abandon a twelve (12') foot wide drainage easement, the center of the easement being located at the property line of Quantum Park, Lots 13 and 14\, in the City of Boynton Beach, Florida and more particularly described in Exhibit "A" attached hereto Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida Section 3. That this Resolution shall become effective immed1ately upon passage PASSED AND ADOPTED this day of May, 1995 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner Commissioner EXHIBIT "A" A strip of land 12 feet in width being a portion of Lots 13 and 14, according to the Plat of Quantum Park at Boynton Beach, P I D , Plat No 2, as recorded in Plat Book 57, Pages 184 and 185, Public Records of Palm Beach County, Florida, lying 6 00 feet on each side of the following described centerline Beginning at the southeast corner of said Lot 13; thence north 71 degrees 00'00" West along the South line of said Lot 13 a distance of 22 62 feet; thence departing said South line North 01 degrees 16 degrees 01" East a distance of 170 61 feet; thence North 75 degrees 20' 02" West a distance of 310 33 feet to a point lying on the Westerly line of said Lot 13 and the westerly terminus of this description Subject to easements, rights-of-way and other matters of record 'Wi' .." DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim an approximate 12 foot drainage easement, with the center being located at the property line of Quantum Park, Lots 13 and 14, s~tuated and located in Palm Beach County, Florida, attached hereto as Exhibit "A" IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of May, 1995 ATTEST CITY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Jerry Taylor, Mayor STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Mayor and C1ty Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of sa1d corporation; and that said instrument is the act and deed of said corporation WITNESS my hand and official seal in the said State and County this day of May, 1995 NOTARY PUBLIC, State of Florida My Commission Expires EXHIBIT "A" A strip of land 12 feet in width being a portion of Lots 13 and 14, according to the Plat of Quantum Park at Boynton Beach, P I D , Plat No 2, as recorded in Plat Book 57, Pages 184 and 185, Public Records of Palm Beach County, Florida, lying 6 00 feet on each side of the following described centerline Beginning at the southeast corner of said Lot 13; thence north 71 degrees 00'00" West along the South line of said Lot 13 a distance of 22 62 feet; thence departing said South line North 01 degrees 16 degrees 01" East a distance of 170 61 feet; thence North 75 degrees 20' 02" West a distance of 310 33 feet to a point lying on the Westerly line of said Lot 13 and the westerly terminus of this description Subject to easements, rights-of-way and other matters of record ".., 'WI .. THE P~ 1M BEACH POST Ce.. ---CL~ ~9'f AJ.),- Published Daily and Sunday West Palm Beach. Palm Beach County Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNlY OF PALM BEACH Before the undersigned authority personally appeared Chr is Bull who on oath says that she/he is Class. Sales Mqr. of The Palm Beach Post. a daily and Sunday newspaper published at West Palm Beach in Palm Beach County Florida, that the attached copy of advertising, being a Not ice in the matter of public hearing in the the issues of Court. was published in said newspaper in March 21. 1994 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County Florida. and that the said newspaper has heretofore been continuously published in said Palm Beach County Florida. daily and Sunday and has been entered as second class .nail matter at the post office in West Palm Beach. in said Palm Beach County Florida. for a ppriod of one year next preceding the first publication of the attached copy of advertisement. and affiant further says that she/he has neither paid nor promised any person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sai newspaper . . 21 March Sworn to and subscnbed before me thls~day of '- I (It' -1 \i 0'; Ll.'!;-K\' ~F~L II)" '---}fA -vi I I K 'vlcdNTON I I !!L '--- L-1 L..:;eJ '1 " \. . TATi' OF FLORIDA . ("1', M I I' ,).- '" . Karen M. McLinton Notary Public (-:;. dSC;,....N NO CC240,180 . , , 1" - u;o.. [,":1' "'OV 15,1996 '--. 'P;~~ly known XX or Produced Identification Type of Identification Produced A.D 19~ m~ r I NO. 727....7 I IIOT1CE Of' PU8UC HUMlG NOTICE IS HEIlEIV GIVEN tMt lIIe CIty ~ of lIIe CITY M BOYNTON IlEACH FLORIDA, _ conduct . PutIk ........ at 7:00 P.III. 0' . - lIlerhfter .. lIIe ........ perllIb 011 T.....y. Aptll 5. 11114. In lIIe CIty "-I ComttDo lion CMmtlen, 100 Eeet loyntOll .....h IIouIev.rd 'Ioynton ........ FIo....... ~ ...--. of - IIUMc ....rtne II. for conelcler_n of . "'~ poeM change to lIIe Ioynton Beech P.... of ~. De- I v...._t Order (0rdIn_ No, 114-61) _ _ by 0... -..c.. ...... "". H-37 - H-3 _ ...t..-.dOll .. to whether 0' not lIIe _ poeM c""- conetltutee . eubetentlel dIlvtetlon to lIIe .ppro_ ...v....~ otdw - '''peel to lIIe f_wIne o deectllled ~ loc_ I wl_ lIIe CotJIot_ IImlte of uId CIty. _ to lIIe ... ~ of lIIe pertlee In In-. .nd In COIlIpIIence _ CNp- tet 310. FIotld. 5tlltutee. REOUEST: OUANTUIII PARK AT 1I0YNTON lEACH Formel'ly Ioynton .....h P.rIl of eo-ce C........-..... D...............t of IlegloneJ .........t LEGAL DESCM>TION: A T,ect of ....11 Iytnv pattIeIly In Sectlone 11, 17. 20 ...d 21 TOWMlIIp 4S lloutlt. .....ge 43 E.... Palm .....h eo..,ty F......... uId Tract ......1 .......; pettlculerly deectlbecl . f.... Iowe: ~I at lIIe I ~eat ......... of uId..... 0 lion 17; tMnce North 1''''''311'' .... ..... .... Weat ... of ...... 17. . ....... of '.,L,. fMt '- a ...... III .... ...., II'................ ... ., .... 2IlIlII ...... _ --. .. ..... ..... 111e, ..... -. ., .. ..... ... ... ., .... .... c..Ir. ...... .... .. . ...... of NaflII ......., ..... ....... lIIe c......... of N.W. 22nll Avenue. . .......... of 771.37 ...t to _ -. of_ ....nlng; thenc. North 1,,,,,'311" E.t. .0 d..u- of 1247.01 fHt to lIIe SoutfI rIgIIt of way 1In. of LW.D.D. ......... 21; lIIence North _'0" E_t _I lIIe SoutII rflIbt of way _ LW.D.D. ........121. _ record- ecJ In 0.11. look 1732, P_ 112. of lIIe ...- lIecorda of p_ ....... County. Flotldo. . _ of 136.113 fHt to lIIe ............ of lIIe LW.D.D. EquafIdng Canal E.... .. r. cordecJ In 0.11. look 1732. P_ 112, of lIIe ...- II. _ of Palm ....... County. FIorIcIa; -.... alolll lIIe...... I ....... of lIIe _v. _tilled I I!'" Canal _ . curv. to lIIe rtgtIt IIavlIlI . cIIonl ......nl of NortII 10"32'52" E_t, . r. ..... of 7110.00 .-. . c.ntr.. .ngIe of 4-04'17u, Md _ arc ....trtII of 1ia.21 _; _. COll_ .Ionl lIIe cen-. of _ E'" Can.., wltII . _ .... of North 12"36'00" Eaet, . I ctIetan... of 320." ...t to . poIoIt of curve; _ _ a curve to lIIe left hlIvtnv . r..... WI of _.00. . centr.. ..... 0' 3"21'30". onet ... .rc lentrtll of 314.23 f..t; tllence North 1'01'30" E.... . ...tanca of 11171.11 ...t to . polnt 011 lIIe _ w... of Section 17; __a_lof_ 11"111'311" E.... .Ionl lIIe North .... of Section 17. . .... tenc. of 11l14.1O "'t; lIIenc. lloutlt 0'02'11" E.... . _ tance of 21211.11 fHt; lIIenc. North lltr'Oe'O" I!..t, . _ t...... of 3fl.1lI fMt 10 . point 011 lIIe NottII right of way .... of N.W. 22nd Avenue .. r. cor_ In 0.11. look 1731. P.ge 1_ of lIIe PubIlc II.- corda of Palm .....h County, F........; -.... South 111"27'31" Eeet. . ctletanc. of 50.00 _ to lIIe c..ta,.... of N. W. 22net A........; _nee _ . curve to lIIe right he".. Inl . chord _I of North 75"211'41" Eeet. . recllWl of 1137.02 fHt. . centr.. .nlle of 1'113'51" ond.n .rc ....trtII of 212.. _ to . point; -.... _ 12"02'41" ea.t, . dlNnc. of 115.72 ,..t; tllenc. North 0"31'11" E.", . ctIetanCe of 3111.70 fHl; -.... North _12'37" E..t. . ell........ of 413.21 f..t; tllence SoutfI lIlI"22'se" EHt. o dle_ of 1341.70 fHt to a poIIlt on lIIe Wat right of w.y .... of lIIe SNIIoanl Coaetlln. RalItoacI; tllenc. SoutII 0"21'21" E.", .Ionll lIIe .eat rIlIM of way an. 0' lIIe R.IIro.... . dl.tanc. of 13011.01 fHt to 0 point on_ c.nt.rln. of N.W. 22nd Av. nu.; Ih.nc. North lIlI"27'31" W..t. alonl tII. c...t_ of N.W. 22nd Av.n... a dletance of 1172.117 fHt; tllenc. South 0"33'53" E.." . dl.tenc. of 1301.11 fHt; -.... South lIlI"411'31" I!eet. . _..c. of 333.51 f..t to a point on _ W..t rIlIM of w.y of lIIe Sa. bo.,d CoaetII... 1I..1r.....; thenc. _ . _nl of South 14'08'23" Weat, eIo111 _ W..t right of w.y of _ rail- r...... a cIIeteM. of 1312.411 fHt; -.... 80utII 0"33'153" Eat, . ......... of 21.11 f..t; __ SoutII 13"15'22" W..t. . dIetanc. of 1120.117 'Ht; _nee North erao'Q4" Weat. a ..._. Of 117.110 ,..t; u... wltll . ......... NortII 0"0'21" W.... . _ of 200.00 t.-; u... NortII erao'Q4" --. a __ of 218.00 feet: tIlonc. SovtIl \ 0"48'21" ..... . ........ of 200.00 t.-; .... ..... _'04" ..... . _ 01 211.00 f1tet' ..-. .... ~ t..t. t-;"'~~~~!' ."., w ; .\' .,,- '~,t;'!,;." .~.. .~ ~~ ~ 4 --.... OFFICE OF THE CITY CLERK MEMORANDUM TO Mr Jim White City Engineer Tambri Heyden J' Acting Planning & Zoning Dir DATE March 16, 1994 FROM Sue Kruse City Clerk RE Notice of Public Hearings Attached is a copy of the Notice of Public Hearing for the Quantum Park Assoc variance which will be heard by the City Commission at the regular meeting scheduled for AprilS, 1994 Copies of this Notice are being mailed to property owners within 400' of Quantum Park today The Notice of Public Hearing in connection with the proposed change to the Development Order is also attached Both of these Notices will be published in the Palm Beach Post on Monday, March 21, 1994 ~ ~/~// SK sIb attachments cc City Manager m . 16111 m PLANNING AND IGf'..Ji(' _ ut-.PT. .." ~ r:- ~' Wi-rr''"'l(~ ~'-"'~ .0 ,~ . 'l~' ~ ' ,.. , ,. -_.~ - -...-- . U. ! t " ! II I "01. ' .1 NOTICE OF PUBLIC BEARING NOTICE IS HEREBY GIVEN that the following application has been made to the CITY COMMISSION of the CITY OF BOYNTON BEACH, FLORIDA, for the hearing as indicated, under and pursuant to the provisions of the Subdivision & Platting Regulations of said City: Owner: Quantum Park Associates Requested Variance: A variance is requested to allow for the closure of a part of Park Ridge Boulevard, thereby authorizing a dead-end street with a length greater than one thousand three hundred and twenty (1,320) feet. This variance is to City Code of Ordinances, Appendix "C", Subdivision, Platting, Article X, Section 100, "Dead-End Streets" A PUBLIC HEARING will be held relative to the above application by the CITY COMMISSION at City Hall, Commission Chambers, Boynton Beach, Florida, on Tuesday April 5, 1994, at 7:00 P.M. Notice of the requested variance is sent to property owners within 400 feet of the applicant's property to give them an opportunity to voice their opinion(s) on the subject. Comments may be heard in person at the meeting or filed in writing prior to the hearing date. If further information is desired, call (407) 375-6060, City Clerk's Office. All interested parties are notified to appear at said hearing(s) in person or by Attorney and be heard. Any person who decides to appeal any decision of the CITY COMMISSION with respect to any matter con- sidered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the pro- ceeding(s) is made, which record includes the testimony and evidence upon which the appeal is to be based. SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA PUBLISH PALM BEACH POST March 2l, 1994 ~ ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, wlll conduct a PubllC Hearlng at 7 00 P M or as soon thereafter as the agenda permits on Tuesday, April 5, 1994, ln the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida The purpose of this public hearing is for consideratlon of a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No 84-51) as amended by Ordinances Nos 86-11, 86-37 and 88-3 and determlnation as to whether or not the proposed change constitutes a substantlal deviatlon to the approved development order with respect to the following described property located within the corporate limits ot said City, pursuant to the request of the parties in interest and in compliance wlth Chapter 380, Florida Statutes REQUEST QUANTUM PARK AT BOYNTON BEACH Formerly Boynton Beach Park of Commerce Comprehensive Development of Regional Impact LEGAL DESCRIPTION A Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 East, palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17, thence North 1044'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89004'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1044'39" East, a distance of 1247 06 feet to the South right of way line of L W D D Lateral 21, thence North 89008'49" East along the South right of way line L W D D Lateral 21, as recorded in 0 R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635 93 feet to the centerline of the L W D D Equalizing canal E-4, as recorded in 0 R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10032'52" East, a radius of 750 00 feet, a central angle of 4004'17", and an arc length of 53 29 feet, thence contlnue along the centerline of the E-4 Canal, with a bearing of North 12035' 00" East, a distance of 320 69 feet to a point of curve, thence Wl th a curve to the left having a radius of 6500 00, a central angle of 3028' 30", and an arc length ot 394 23 feet, thence North 9006'30" East, a distance of 1979 16 feet to a point on the North Line of Section 17, thence with a bearing of North 89016'39" East, along the North line of Section 17, a distance of 1964 50 feet, thence South 0002'11" East, a distance of 2625 18 feet, thence North 89008' 49" East, a distance of 368 96 feet to a point on the North right of way llne of N W 22nd Avenue as recorded in 0 R Book 1738, Page 1686 ot the Public Records of Palm Beach County, Florlda, thence South 19027'31" East, a distance ot 50 00 feet to the centerline of N W 22nd Avenue, thence with a curve to the right havlng a chord bearlng ot North 75029'49" East, a radius of 1637 02 teet, a central angle of 9053 I 58", and an arc length ot 282 85 feet to a point, thence north 12002'41" East, a dlstance of 915 72 feet, thence North IW' ... Quantum Park - Notlce of Publlc Hearlng Page 2 0031'11" East, a dlstance of 399 70 teet, thence No r t h 8 9 0 1 2 I 37 " E as t , a d 1 stan ceo f 4 13 2 1 feet,then South 88022'56" East, a distance of 1349 70 feet to a point on the West right of way line ot the Seaboard Coastline Railroad, thence South 0028 '21" East, along the West rl.ght ot way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue, thence North 88027'31" West, along the centerline of N W 22nd Avenue a distance of 672 97 feet, thence South 0033'53" East, a dlstance of 1306 69 feet, thence South 88045'31" East, a distance of 333 51 feet to a point on the West right of way ot the Seaboard Coastline Railroad, thence with a bearing of South 14008' 23" West, along the West right of way of the railroad, a distance of 1312 49 feet, thence South 0033 I 53" East, a distance of 26 69 feet, thence South 13015'22" West, a distance of 920 57 feet, thence North 88050' 04" West, a distance of 187 60 feet, thence with a bearing North 0049' 21" West, a distance of 200 00 feet, thence North 88050'04" West, a distance of 218 00 feet, thence South 0049' 21" East, a distance of 200 00 feet, thence North 88050'04" West, a distance of 40 00 feet, thence South 0049'21" East, a distance of 556 84 feet, thence North 88050'04" West, a distance of 3617 26 feet to a point on the centerline of the above described centerline of the E-4 canal, thence with a bearing of North 5018'14" West, a distance of 153 13 feet, thence with a curve to the right having a radius of 450 00 feet, a central angle of 15036'44", and an arc length of 122 62 feet, thence North 10018'30" East, a distance of 988 60 feet to a point of curve, thence with a curve to the left having a radius of 450 00 feet, a central angle of 18020'00", and an arc length of 143 99 feet, thence with a bearing of North 8001'30" West, a distance of 1255 14 feet to a point on the centerline of N W 22nd Avenue, thence with a bearing of South 89004' 32" West, along the centerline of N W 22nd Avenue a distance of 817 85 feet more or less to the Point ot Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record CONTAINING 591 55 AC 51 70 AC GROSS LAND AREA LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA 539 85 AC LOCATION South of Hiner Road rl.ght-of-way extended, North of Canal C-16, between Congress Avenue and I-95, Boynton Beach, Florida PROPOSED USES Planned industrial development to include a high school in addition to previously approved light manufacturing and research facilities, oftices and ancillary commercial uses Closure ot an approximate 1,800 foot portion of Park Ridge Boulevard is also proposed in connectl.on with the proposed high school APPLICANT Quantum Assoclates AGENT James G Willard, Esquire Shutts & Bowen ,.., ... Quantum Park - Notice of public Hearl.ng Page 3 All interes~ed parties are encouraged to appear at sald hearing in person, to be represented by an attorney or comment in writing The application and all related documents wlll be avallable for review durl.ng normal working hours in the office of the Planning and Zoning Director, Tambri J Heyden, 100 East Boynton Beach Boulevard, Boynton Beach Any person who decides to appeal any decision of the City Commission with respect to the matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record ot the proceedings is made, which includes the testimony and eVl.dence upon which the appeal is based SUZANNE H KRUSE, CITY CLERK CITY OF BOYNTON BEACH PUBLISH PALM BEACH POST March 21, 1994 " ~ .., ,.