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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E, Boynton Beach Boulevard POBox 310 Boynton Beach, Florida 33425-0310 TEL. 561 742-6260 FAX, 561 742-6259 August 19, 2003 www,boynton-beach,org Mr Winston Lee Winston Lee & Associates 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409-5270 Re For' File No Location Dear Mr Lee Use Approval List Quantum Park DRI USAP 03-003 Lot 3 Enclosed is the City of Boynton Beach Development Order for application item USAP 03-003, which represents the amendment of the list of approved uses for the Quantum Park DRI This request was for use approval for Athletic and Aerobic Clubs/Specialized Instruction and Automobile & Vehicle Accessories, Furnishings and supplies in the Quantum Park PID on Lot 3 having use options of "Industrial" and "Office" The City commission approved this use approval on August 5, 2001, with the noted conditions. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742- 6260 Sincerely, .~~ Michael W Rumpf Director of Planning & Zoning MWR.ad Attachment: Development Order Conditions of Approval S.\Planning\SHARED\WP\PROJEcrS\Quantum Lot 3\USAP 03-003\Approval form letter after CC new-Use Approval.doc ( ....~ I -r - - ) '\ry "ll~ton 1 ,_u ~ :11 , . ,'-, _Lti: '\ .- ~nc' It::::l.'- ln' c ~~ ")~~, l( '-':)~ ~ EXHIBIT "B" - \ T '"'" 4 ~^("'\.., June ~-t ~lJV') vir Enc Johnson Pianrung &.. Zorung Dlv1s1on l Ity or Boynton Beach lOO E Boynton Beach Bivd. Bovnton Beach, FL 33425-0310 J:U: Quantum Park DRI Use List Revision Request Our File No 98-010 09A Dear Mr Johnson. As a foilow up to our telephone conversation la'lt week, r WOUld. liKe to ad.oress your specIfic concerns as to the process for morntormg the uses and associated requITed parkmg for Lot 3 m the Quantum Park DRl. ThiS project IS under the oVlnershlp of one entIty and all of the square rootage contained In the iJulldmgs IS ieased to tenants. The owner has agreed to morntor the types of uses and the requITed parking tor each on a spread sheet which WliI be submitted as part of the bUlldmg permlttmg process. In addmon, each tenant s lease will requITe that a copy of the sheet be subrrutted WIth theIT apphcatIons ror occupatIonal hcences. ThiS spread sheet wlll be mamtamed and updated by the property owner and will mdlcate the amount of prOVIded parkmg on the SIte, the deductIon of reqUired parkmg per bay and apphcable calculatIon rate, and the remalnmg unallocated amount of parkmg spaces. Tills morntormg method IS surular to what has preVIously been accepted by the CltV m surular SituatIOns, such as LeVItt Commercial's project on Lots 9-12 @ High Ridge Commerce Center The applicant agrees to mOnitor the UtIhzatlon ofparkmg a'l outlmed above, and thiS method wtll put no undue mOruIonng burden on CIty staff. I hope thIs addresses any concerns you may have Please feel free to cali WIth any questIons. Smcereiy, Q-<)'1/L PJ rJ<rrO--fU ~OnI Bnnkman, <\fl P Project Planner .- -., ..., m~&~IH\H@ I ! .--.. I - I' n 1 i~ I LJI j Ii ~ "\ : Iii'! il.;UL v-I 2 5- PL... ' DEPARTMENT OF DEVELOPMENT cc Michael Rumpf Robert Burrow _ ______ J :..; .: i)IJ Ok,,::..:hobt::: RllaJ. )UlEC i 06 \\c;:st P:,llm Bc:~ch FL 33.+(N-SrO Td "" I -i]'N-4h -() F:1X 5f) l-h N ..; ,_ C) E m:lli ,\ nstonwlaiL~ ~ul -:om ..... EXHIBIT "C" CondItIons of Approval ., Project name \1otorola Pill FIle number' USAP 03-001 R fi S E h'b "D Q P k DR! U L R R e erence ee x I It - uantum ar se ISt eVlSlon equest DEP ART"IENTS INCLUDE REJECT PUBLIC WORKS- General Comments None X PUBLIC WORKS- Traffic Comments None X UTILITIES Comments None X FIRE Comments None X POLICE Comments None X ENGINEERING DIVISION Comments None X BUILDING DIVISION Comments. None X I PARKS AND RECREATION Comments None X FORESTER/ENVIRONMENT ALIST Comments None X PLANNING AND ZONING 1 Staff recommends that the folloWing uses be ehmmated from the hst of X proposed permItted uses. . Athletlc & AerobIc Clubs ! SpecIahzed InstructIOn, mcludmg such CondItIons of Approval 2 DEP ART\lENTS rNCLDTIE REJECT uses as gymnastIC centers, cheerleadmg schools, karate schools, yoga centers, pIlates centers, dance StudIOS, and fitness centers, . AutomobIle and vehIcle accessones, furnIshes, customlzatIOn, and sales 2 The owner of Quantum Park Lot 3 has agreed to mom tor the future busmess X of each tenant and theIr reqUIred parking. ThIs momtonng system would be accomplIshed by usmg a spreadsheet. ThIS spreadsheet would be contmuously mamtamed by the property owner and subillltted to the Bui1dmg DIvIsIOn dunng the permlttmg process for mtenor renovatIOns. In addltlon, the property owner (or tenant) would subilllt thIS updated spreadsheet to the OccupatIOnal LIcense DIviSIOn when applYing for an occupatIOnal lIcense for a future busmess. Staff agrees With thIS momtonng system and further recommends that no occupatIOnal lIcenses or bUlldmg permlts be Issued until the applIcant formally and satlsfactonly demonstrates complIance with all aoolIcable parkmg reqUlrements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments 3 Allow gymnastIc centers, cheerleadmg schools, and the mstallatIOn, repaIr, X and servIce of alarms, stereos, and Window tmtmg for automobIles, and ancIllary sales on Lot #3 Also, the applIcant must present traffic data and a statement mdlcatmg that the proposed use(s) would not exceed traffic counts currently approved for the DR! as based on square footage and uses approved for lots deSIgnated "Industnal" and "Office" ADDITIONAL CITY COMMISSION CONDITIONS Comments 4 To be determlned. ~ ~ I U S:IPlanninglSharedlWplProjectslQuantum Lot 3\USAP 03-0021COA,doc Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 o New Site Plan (Moved up on the AQenda) 1 Project: Boynton Commerce Center Lot 3B (NWSP 03-009) Winston Lee Winston Lee & Associates Inc. Nayrot Realty Inc. Southwest corner of 1-95 and Woolbright Road Request for a new site plan approval for a 72,174 square foot light industrial warehouse with ancillary office and retail space in a PID Agent: Owner' Location Description Ms Brinkman remained at the podium Chairman Wische noted that there were 36 staff comments and Ms Brinkman responded that they agreed with all staff comments Mr Johnson noted that staff recommends approval of the site plan but this is contingent upon approval of all the abandonment requests Chairman Wische opened up the public hearing Since no one wished to speak, the public hearing was closed Motion Vice Chair Cwynar moved to approve the request for new site plan approval for a 72 174- square foot light industrial warehouse with ancillary office and retail space in a PID, known as Boynton Commerce Center Lot 3B subject to all staff comments and conditions and specifically to Item #20 with respect to the processing of abandonments and rededication of easements Motion seconded by Ms Butler and unanimously carried 2 Project: Agent: Owner' Location Description Quantum Park DRI (USAP 03-003) Joni Brinkman, AICP Bocar Property Inc. Lot 3 Request for use approval for Athletic and Aerobic Clubs/Specialized Instruction and Automobile and Vehicle Accessories, furnishings and supplies in the Quantum Park PID on lot 3 having use options of Industrial" and "Office Joni Brinkman, from Winston Lee & Associates, 1532 Old Okeechobee Road, West Palm Beach, remained at the podium. Chairman Wische noted that there are two staff comments, Mr Johnson Planner explained that the applicant is seeking use approval for two different types of uses The first one is for athletic and aerobic clubs/specialized instruction, that would include gymnastic centers, cheerleading schools, karate schools yoga centers, pilates centers, dance studios and fitness centers The second use would be for automobile and vehicle accessories, furnishings and supplies sales, installation, repair and service, such as car alarms, window tinting stereo systems and customizations 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 The site was approved for two buildings and the parking requirements were based upon 23 330 square feet of office area at a rate of one parking space for each 300 square feet and the warehouse would have a parking ratio of one space per 800 square feet. Mr Johnson pointed out that if the uses that staff is recommending are allowed condition #2 addresses how the Development Department could monitor the incoming uses Different uses require more parking than what the building had been approved for Staff does not like to have this type of monitoring system This places a burden on staff when an applicant applies for an occupational license or when an interior renovation permit is requested It is very difficult for staff to monitor this The applicant is requesting commercial types of uses and it is staff's position not to have industrial land converted to commercial property Mr Johnson said that there are already lots in Quantum Park that have the commercial land use option It would be more beneficial for the applicant to request use approval for a lot that is already approved with the commercial land use option Staff is not certain what the impact would be on the traffic if all these commercial types of uses were allowed Therefore, staff is recommending certain types of uses namely, the installation repair and service of alarms, stereos and window tinting for automobiles since these types of uses are more industrial The gymnastic and karate type uses are high traffic generating types of uses and staff feels that this would be inappropriate at this location Ms Brinkman agreed with the wording changes for window tinting, alarms and stereos by staff With regard to the first request, Ms Brinkman said that she has met with staff and she ~ understands staff's concerns regarding commercial uses in industrial land use categories Therefore, the applicant has decided to withdraw a majority of those requests However, the applicant would like to proceed forward with the gymnastic centers/cheerleading schools Ms Brinkman pointed out that lot 3 is close to the area that has been approved for 271 dwelling units and can go up to a maximum of 1 000 dwelling units The applicant feels that this is a good use for this location because in that size of a development there will be a lot of children living there that could benefit from having these uses near them She pointed out that in October 2001 there was a text amendment change that allowed this use to be a permitted use in the industrial land use category and this Board and the City Commission approved it. The applicant feels that the request is consistent with the zoning code Further they agree to provide all requested information for staff and there will not be an undue burden placed upon staff to track any uses that go into the development. Ms Brinkman did not think that they would be using too many parking spaces and requested that the Board recommend approval Chairman Wische opened the public hearing Since no one wished to speak, the public hearing was closed Mr Friedland pointed out that Quantum Park is now a multi-use development that consists of schools, restaurants homes and businesses He was in favor of allowing these uses in order to allow another business in the Park. Ms Butler felt that the permitted use for a gymnastic center/cheerleading school would be suitable for the area and that most of the students would more than likely be dropped off by ( " --""-,, 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22,2003 their parents She felt that this was a great opportunity for the children to learn a skill and she would support the use Mr Casaine echoed Ms Butler's comments Mr Myott noted that it was difficult to locate a building that could provide gymnastics and if it could be determined that there would not be a parking problem, he felt the use was suitable Ms Brinkman confirmed that they were withdrawing their request for karate schools, yoga centers, pilates centers, dance studios and fitness centers Mr Johnson pointed out that staff condition #1 recommends eliminating the athletic and aerobic clubs, specialized instructions, including gymnastic centers cheerleading schools, karate schools yoga centers pilates centers, dance studios and fitness centers as well as automobile and vehicle accessories furnishings customization and sales Ms Brinkman pointed out that the use would be limited to installation of stereos window tinting and alarms and this work will be performed inside the bays Ms Brinkman was requesting that gymnastic centers/cheerleading schools be removed from staff comment #1 to allow them to be approved Mr Myott asked staff what they would allow as automotive Mr Rumpf stated that staff recommends approval of the aspects that are nearest to industrial uses, therefore, staff is recommending installation, repairs and service specifically of three items alarms, stereos and window tinting Ms Brinkman would also like it clarified that sales would be allowed and Mr Rumpf felt ancillary sales would be permissible Mr Rumpf requested that if the Board approved the uses, that the applicant provide the City with a statement from their traffic engineer that this would be equivalent and would not affect the DRI Ms Brinkman spoke with their traffic engineer who said that would not be a problem Mr Rumpf pointed out that this could set a precedent. Motion Mr Casaine moved to approve the request for use approval for the installation repair and service of alarms, stereos and window tinting for automobiles and ancillary sales, and a gymnastic center and cheerleading school That the representatives of Bocar Property, Inc. present a statement to the effect that the amount of traffic would be consistent with the uses that have previously been approved for this lot in Quantum Park PID on lot 3 having use options of Industrial" and "Office" Motion seconded by Mr Ensler and unanimously carried E Maior Site Plan Modification Owner' Location Description Club Meadows (MSPM 03-005) Bradley Miller Miller Land Planning Consultants Inc. LPC Club Meadows, L.P 100 Meadows Circle, Meadows PUD Request for major site pan modification approval for the replacement of an existing clubhouse within the Club Meadows Apartments with a new 3,055 square foot clubhouse 1 Project: Agent: 17