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
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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
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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*
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'BOARD CERTIFIED C,Vil TRIAL ATTORNEY
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'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