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CORRESPONDENCE FACSIMILE CITY OF BOYNTON BEACH City Hall West Wing 100 E Boynton Beach Blvd POBox 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of PlannIng & ZonIng TO f' , , jJA~ ~1L1L0 R'2m~t ~/- ~gL/- ~Ja) ) c;Xb-Y4 &I~Vj /~/)'1o/d I%~~ NUMBER OF PAGES (including cover) FAX 5~/ - tb 71-- 3312 FROM DATE :2);r/01 ? RE. i1Lu I4(t)'()Vll..! .- 3t~Vf Ia,LkrrD ;)~, ;:4-/. dJd-c_ FtJd ~ J"... f;/OAJ/''! Ir"'d/,~ ' / ~ 4/hd~ci I~ a flf) ~ o.~/etl-),.ile 1 8f-~ ,U1-tYl. /)ev.d~ /J.rVhpu? ( I ~ ) ~ h/~""rI1~u ~d.q-M ?La ~1-il~ WI iN. 2k..s2 .ucl1t1-..- 0-' (~~) 3 he -.fcIJduh- (I fQ-) Lj A1-<v1I~~ ScN d.JL - r O/f'ovd (, F'ff ) {; rJw-4 j,,}- "J f?e1V"llI,-j ~ I J1 Ov~ I1J<:.fllJ (2 ff ) J+ ~ Ck A~ a'f r-h'-4 I ~lIUI 021l />.L ~vr ~ If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260 Thank you 4 Includes a program for full provision, maintenance, and operation of such areas, improvements, facIlitIes and servIces for common use by the occupants of the PID, but will not be provided, operated or maintained at public expense C MINIMUM LAND AREA FOR PID The minimum land area for a planned industrial development shall be twenty-five (25) contiguous acres D UNIFIED CONTROL All land included for purpose of development within distnct shall be under the control of the apphcant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations) The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area WIthin the proposed PID The applicant shall agree to 1 Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PID, 2 Provide agreements, contracts, deed restnctIons, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zomng to PID and for continuing operations and maintenance of such areas, functions, and facilities as are not to be provided, operated, or mamtamed at public expense, and 3 Bind their successors in tItle to any commitments made under subsection D 1 and 2 above All agreements and eVIdence of unified control shall be examined by the city attorney and no zoning of land to PID classification shall be adopted without a certification by the CIty attorney that such agreements and eVldence of umfied control meet the reqUirements Of~th~oning regulations E USES PERMITTED In the PID, a building an 1 s customary anclllary structures and land uses may be erected, altered and occupied for any office, profeSSIOnal, busmess (wholesale or retail), educatIOnal 2002 S-18 Repl Zoning 37 institution, adult entertainment in accordance with Section 11 M , recreational and attractions as defined for the industnal land use classification, multI- famIly residential, and mIxed use residential/commercial uses in PID s totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and development board In approving uses in the PID, the planning and development board shall make findings ' iliat the use or uses proposed will not be in conflict ,lfjJ( with the performance standards listed in Section 4 N P of these zoning regulations, and that the use or uses I'roposed is/are consistent with the intent and purpose of this section For the purpose of this section, educational institutIOn shall mean a public, quasi- public or private facility that offers instruction to students for one (1) or more of the following needs preschool programming, tutoring, kindergarten, elementary and secondary grades schooling, higher learning for the purpose of granting degrees in a particular field and occupational or industrial, technical training In addition, uses permitted are subject to hmitations as follows. 1 Outdoor storage of materials may be permitted based on a finding of the planning and development board that such storage does not exceed fifteen (15) per cent of the total square footage of the building site and that such storage is screened and fenced to preclude exposure to the public, and 2 All uses proposed which are listed in Section 8.A 3 shall require the issuance of an environmental review permit as set forth in Section 11 3 of these zoning regulations Furthermore, the planning and development board may require that any other use obtain an environmental review permit, prior to being estabhshed in a particular PID Any use approved by the planning and development board for a particular PID which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal RegulatIOns, Part 261, shall also require an envIronmental review permit in accordance with Section 11 3 of these zoning regulations. (b) Gropu B satellite dish antennae 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 uppermost floor of any single-family or duplex home (2) Satellite dish antennae 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 (1) Group B 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 Group B 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) Group B satellite dish antennae 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 antennae properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed or modified without bringing the entire installation into full compliance with this section. p-~ PERFORMANCE STANDARDS All uses loc~ within the city shall conform to the performance standards set forth below, and shall be constructed, maintained and operated so as not to be 1997 S-5 Zoning 7 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 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 goverrung 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 8 Boynton Beach Code 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 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 IIghtmg 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 t--district ~ 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 pwnps as pollutant retardant structures Such systems shall be designed so as to prevent pollutants from entering surface . .. 'JEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 03-028 DATE. January 24, 2003 RE Quantum Park of Commerce PID - Permitted Uses (Update of Previous Memorandum dated September 1, 1999 (Memorandum No PZ 99-215, January 12,1989 June 22,1990 October 16 1992, July 9,1998, March 13,200, October 16, 2001, September 9 2002 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: A. CLUB ./ Professional and Business Offices 1 ./ Nursery Schools and Day Care Centers B COMMERCIAL ./ Professional and Business Offices 1 ,/ Nursery Schools and Day Care Centers ./ Used and New Car Sales (CARI\t1AX) ./ Gas Station with Convenience Store and Car Wash 3 ./ Restaurants with or without Drive-through5 ./ Retail (only on Lots with the commercial use option per the Quantum DRll\.J13ster Plan) C OFFICE ./ Professional and Business Offices 1 ,/ Nursery Schools and Day Care Centers D INDUSTRIAL ,/ Solvent Distribution Facilitl ./ Warehouse, Distribution, Wholesale ./ Electronics Manufacturing ./ Research and Development Laboratories ./ FP&L Substation (utility facilities) ./ Research, Development, & Manufacturing of Spray Dispensing Systems and Chemical Specialty Liquid Products (Packaging Concepts) ./ Cosmetics and Perfume Manufacturing (BGI) ./ Manufacturing, Fabrication, and Assembly of Furniture ./ Stone cutting and finishing (Oriana Granite Lot 50-A [CC 6-6-00]) ./ Design, Manufacturing, Storage, Distribution of Decor Elements (Ed Carey design) 4 ./ Outdoor Storage ./ Assembly of Automated Packaging Machines & Ancillary Office & Warehouse E RESEARCH AND DEVELOPMENT INDUSTRIAL ./ Motor Vehicle Emissions Testing Facilities F GOVERNMENT AUINSTITUTIONAL ./ Public High School ./ Fraternal Order of Police Clubhouse ./ Tri-County Railroad Station Park & Ride ./ Rehabilitation Hospital6 G HOTEL ./ Studio Suites In addition to the uses listed abo\€ which specifically require an environmental review permit, any use which uses, handles stores, or displays hazardous materials, or Vvhich generates hazardous wastes, as defined by 40 Code of Federal Regulations, Part 261, shall also require an emlronmental review permit in accordance with Section 11 3 of Appendix A, Zoning 1 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning) 2 Requires Environmental Review (See Section 11 3 of Appendix A, Zoning) 3 Applies to Lot 65B-Mobil and Lot 91 Hess 4 Applies to Lots 32-38 68A-70 72 and 73A-76 with conditions (maximum 15% of site) 5 Applies to Lots 81 and 82 only 6 Applies to Lots 48A, 48B and 48C only MWR/lg S'\Planning\SHARED\WP\PROJECTS\QUANTUM\USAP\QUANTUM PARK PID use list rev 1-24-03 The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL. 561 742-6260 FAX. 561 742-6259 ~'-rY 0 ,;:::. (.. ---- '\ / \ . I l:r CJ\ ~,..(,).' O\. , J- " v": 'V7'ON <0 www.boynton-beach,org February 26, 2003 David Norris, P.A. Cohen, Norris, et al 712 U S. Highway One, Suite 400 POBox 13146 North Palm Beach, FL 33408-7146 RE Request for Special Meeting - m Industries Dear Mr Norris Please be informed that your request for the above-referenced special meeting was denied by the Planning & Development Board who considered this request during their regular meeting held the evening of February 25, 2003 This decision by the Board, which is supported by staff, was based on the position that insufficient time would remain to facilitate even an abbreviated review of the request, and prepare the report/package for distribution to the Board Please note that at the time of consideration, a complete application had still not been filed with the Planning & Zoning Division Please also be informed that this office has already committed to processing this application for the February 25th Board meeting, thereby shortening the standard review period by approximately one (1) month Staff further commits to the expeditious processing of related applications to ensure the timely completion of improvements and relocation of the subject business. It is unfortunate that your request cannot be approved, however, this result will ensure our continued delivery of optimal public service. As business attraction and retention is very important to the City, I hope that this abbreviated schedule can somehow be accommodated within your negotiations process. Please contact me if you have any questions or desire frequent status reports on our progress. Sincerely, / rei/ Z- Michael Rumpf Planning & Zoning Director MWR CC Dennis Ramsey, m Industries subject file S:\Planning\SHARED\WP\PROJECTS\QUANTUM 2000\LOTS 32 38\USAP 03-00l-m Industries\special meeting,dot CO~.LEN NORRIS SCH~RER WEINBERGER & W OLMER ATTORNEYS AT LAW FRED C. COHEN, P.A.** GREGORY R. COHEN BERNARD A. CONKO* BLAINE C DICKENSON HILLARY H. GULDEN DOMINIC S. L1BERI ALFRED G. MORICI* DAVID B. NORRIS, P.A.. PETER R. RAY M. RICHARD SAPIR, P.A. KENNETH J. SCHERER, P.A. KYLE A. SILVERMAN* JAMES S. TELEPMAN*** ROBERT M. WEINBERGER, P.A. BRENT G. WOLMER, P.A. OF COUNSEL. RICHARD S. RACHLIN P.A. RICHARD S. RACHLlN* r- 'I" r. ~ \11 ;r: Wi -~_.U:.., f' I : i !! i ~ ') ~ 'lIWl 11,' Ii ,I b OJW !!" 'I...._J I I : I 'BOARD CERTIFIED C,Vil TRIAL ATTORNEY i ,....-_ i F_ f~ L("P" 'Of Counsel 'Board Certified Real Estate 'Board Certified Business Litigation February 25, 2003 MIchael Rumpf City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Flonda 33425 VIa facsImIle' 742-6259 RE Request for Special Meetmg - ITT IndustrIes Dear Mr Rumpf Please be advIsed that thIS firm represents PremIer Gateway LLC WIth respect to the request by ITT IndustrIes ("ITT"), a potentIal tenant, for use approval. I am wntmg you thIS letter pursuant to the request of Qumtas Green. Our chent and ITT request that a speCIal meetmg of the plannmg and development board be scheduled to occur pnor to the March, 2003 CIty COnnTIlSSIOn meetmg to enable the use approval request to be heard by the CIty ConnlllSSIOn at such March meetmg. The request for use approval was described m that certam February 1,2003 letter from Denms Ramsey ofITT We are requestmg thIS speCial meetmg as the lease negotIatIons between our chent and ITT are very tIme senSItIve and do not afford waItmg until the April, 2003 City CommISSIOn meetmg for pnor approval. As mdIcated m the ITT letter, they are planmng to occupy over 45,000 square feet and employ more than 60 people. Of course, such a busmess would greatly benefit all m Boynton Beach. Thank you for your conSIderatIOn. Very truly yours, A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 712 U.S HIGHWAY ONE. SUITE 400. POBOX 13146. NORTH PALM BEACH FLORIDA 33408-7146 TELEPHONE. (561) 844-3600 . FACSIMILE. (561) 842-4104