AGENDA DOCUMENTS
PLANNING AND ZONING DEPART
MEMORANDUM NO 95-509
_11. DEVELOPMENT PLANS
F.
cc: Planning, Develop.
Utilities
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Agenda Memorandum for
September 19, 1995 city Commission Meeting
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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
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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
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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
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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
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~~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
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/~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
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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.
"
17
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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
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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
,
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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
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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
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EXHIBIT "B"
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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
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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
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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
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THE P~
1M BEACH POST
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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~
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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' ..-. ....
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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
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attachments
cc City Manager
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. 16111
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PLANNING AND
IGf'..Ji(' _ ut-.PT.
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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
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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'
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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
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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
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