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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetim! Dates in to City Clerk's Office Meetim! Dates in to City Clerk's Office
~ August 5, 2003 July 14 2003 (Noon.) 0 October 7 2003 September 15, 2003 (Noon)
0 August 19 2003 August 4 2003 (Noon) 0 October 21 2003 October 6, 2003 (Noon)
0 September 2, 2003 August 18,2003 (Noon) 0 November 5, 2003 October 20, 2003 (Noon)
0 September 16, 2003 September 2, 2003 (Noon) 0 November 18, 2003 November 3, 2003 (Noon)
0 Admimstrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 UnfInished Business
RECOMMENDATION Please place this request on the August 5,2003 City Commission Agenda under
Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be
approved, subject to the modifIcation of staff condition #1 to allow gymnastic centers, cheerleading schools, and ancillary
sales. Also the applicant must present traffic data ensuring that the proposed use(s) would be consistent with the previously
approved uses for the subject lot. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 03-165
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park DR! (USAP 03-003)
Joni Brinkman, AICP
Bocar Property, Inc.
Lot 3
Request 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 "Industnal" and "Office"
PROGRAM IMPACT
FISCAL IMPACT
ALTERNATIVE
N/A
N/A
N/A
City Manager's Signature
ft....
Planning and Zo rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECT \Quantum Lot 3\USAP 03-OO3\Agenda Item Request Quantum Park DR! USAP 03-003 8-5-03.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO PZ 03-165
STAFF REPORT
TO
Chairman and Members
Planning and Development Board and City Commission
PROJECT NAME/NO
Michael Rumpf
Director of Planning & Zoning
Eric Lee Johnson, AICP if
Planner (J
July 7, 2003
Quantum Park DRI / (USAP 03-003)
THRU
FROM
DATE
REQU EST
Use Approval
PROJECT DESCRIPTION
Property Owner' Bocar Property Incorporated
Agent Joni Brinkman, AICP / Winston Lee & Associates, Incorporated
Location Quantum Park DRI Lot 3
Existing Land Use/Zoning Office - Industrial (01) / Planned Industrial Development (PID)
Proposed Land Use/Zoning N/ A
Proposed Use The application includes a general list of additional uses to be allowed
within this PID (see Exhibit "D" - Quantum Park DRI Use List Revision
Request)
Acreage 4 075 acres
Adjacent Uses
North
Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north
is developed residential property (Dos Lagos) with a Low Density Residential
(LRC) land use designation, zoned Planned Unit Development (PUD),
South
Right-of-way for Gateway Boulevard, then further south is developed
property with an Office - Industrial - Hotel (OIH) land use designation, zoned
Planned Industrial Development (PID),
East:
Developed property (Masonic Lodge) with an Office (0) land use option,
Quantum Park DRI Lot 3 (USAP 03-003) Staff Report
Memorandum No PZ-03-165
Page 2
zoned Planned Industrial Development (PID), and
West.
Developed commercial property (Shoppes of Boynton) with a Local Retail
Commercial (LRC) land use designation, zoned Community Commercial (C-3)
BACKGROUND
Ms. Joni Brinkman, agent for the owner has submitted an application for use approval in the Quantum
Park Planned Industrial Development (PID) (see attached location map - Exhibit "A'') The proposed list of
permitted uses would apply only to Lot #3 and include the following
. Athletic and Aerobic Clubs / Specialized Instruction, including such uses as gymnastic centers,
cheerleading schools, karate schools, yoga centers, pilates centers, dance studios, and fitness
centers, and
. Automobile and vehicle accessories, furnishings and supplies sales, installation, repair, and
service, such as car alarms, window tinting, stereo systems and customizations (see Exhibit "0"-
Quantum Park DRI Use List Revision Request)
The approval of a list of permitted uses is required for all Planned Industrial Developments. The original
Quantum Park PID Master Plan did not include the above-referenced uses and that is the reason the
applicant is now requesting use approval Similar to past requests, the Quantum Park Master Plan's
permitted uses list would be incrementally modified in connection with the approval of each new
development within the PID
In approving a particular use, the Planning and Development Board must make findings that the proposed
use will not be in conflict with the performance standards listed in Section 4 N of the zoning regulations,
and that the uses proposed are consistent with the intent and purposes of the Planned Industrial
Development District.
ANALYSIS
The applicant is required to address the Performance Standards listed in Chapter 2, Section 4 N of the Land
Development Regulations as they relate to the proposed list of permitted uses. The purpose of the
Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals,
vegetation or property located on adjacent or nearby properties or right-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; odor, glare, heat or humidity, radiation, electromagnetic
interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation The applicant
has been asked to provide a description of their request relative to the performance standards within
Chapter 2, Section 4 N of the Land Development Regulations to evaluate the impact and appropriateness of
this use within the PID district. These responses are listed as follows
1 Noise No use shall be carried out on the property so as to create sound which is in violation of
Section 15-8 of the City Ordinances. The above requested uses shall be conducted entirely within
the building and shall not produce sound in violation of Section 15-8
2 Vibrations No use shall be carried out on the property so as to create inhe~ently and recurrently
Quantum Park DRI Lot 3 (USAP 03-003) Staff Report
Memorandum No PZ-03-165
Page 3
generated ground vibrations, which are perceptible without instruments at any point at or beyond
the property line The above requested uses shall not create ground vibrations, which would be
perceptible beyond the property lines of the subject lot.
3 Smoke, dust, dirt, or other particulate matter' No use shall be carried out on the property so
as to allow the emission of smoke, dust, dirt, or other particulate 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 beyond the property line Furthermore, no use will be
carried out on the property so as to allow the emission of any substances in violation of any federal,
state, county, or city law or permit governing the emission of such substances The proposed uses
do not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state,
county or city laws or permits pertaining to same.
4 Odors and fumes: No use shall be carried out on the property 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 the property The proposed uses do not produce any
objectionable or offensive odors or fumes.
5 Toxic or noxious matter. No use shall be carried out on the property so as to allow the emission
of toxic or noxious matter in such concentration as to cause damage to property, vegetationr
discomfortr or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment
of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any
public waters or any groundwater The proposed uses do not produce toxic or noxious matter
6 Fire and Explosion No use shall be carried out on the property 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 provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The
proposed uses do not create a fire or explosive hazard There will be no storage of flammable or
explosive materials unless in conformance with Chapter 9
7 Heat, Humidity or Glare No use shall be carried out on the property so as produce heat,
humidity or glare readily perceptible at any point at or beyond the property line of the property on
which the use is located Artificial lighting, 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 regulations, so
as not to create a nuisance to such residential uses. The proposed uses do not produce heatr
humidity or glare. No additional lighting is being proposed for the buildings and the site complies
with the City approved site plan, which required that lighting be directed away from any residential
use
8 Liquid Waste No use shall be carried out on the property so as to dispose of liquid waste of any
type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City
of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits
Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any
applicable federal, state, or county laws or permits shall be complied with
9 Solid Waste No use shall be carried out on the property so as to allow the accumulation or
disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which
Quantum Park DRI Lot 3 (USAP 03-003) Staff Report
Memorandum No PZ-03-165
Page 4
would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-
way The proposed uses shall be in compliance with Chapter 10 of the City Of Boynton Beach Code
of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan
10 Electromagnetic Interference No use shall be carried out on the property 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 on the property 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 district. The proposed uses shall not create electromagnetic
radiation
11 Hazardous Materials and Hazardous Waste The operator of any use on the property that
uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined
in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with
Section 11 3, Environmental Review Permits of the City Ordinances. The proposed uses do not
use, handle, store or display hazardous, or generate hazardous waste.
The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of
the performance standards listed in Chapter 2, Section 4 N of the Land Development Regulations The
approved site plan shows that the two (2) buildings were approved for a total of 46,660 square feet. The
parking methodology was based upon the following
. 23,330 square feet of office area at a rate of one (1) space per 300 square feet
. 23,330 square feet of warehouse at a rate of one (1) space per 800 square feet
The approved site plan showed that 107 parking spaces were required and that 132 or an excess of 25
parking spaces were provided The proposed "athletic" type uses (i e specialized instruction, including
cheerleading schools, karate schools, yoga centers, pilates centers, and dance studios) would require
parking at a higher rate (one space per 200 square feet) Also, the proposed "automobile" type uses (i e.
automobile and vehicle accessories, furnishings and supplies sales, installation, repair, and services) also
would require parking at a higher rate (one space per 250 square feet)
As previously mentioned, there are an excess of 25 parking spaces allocated between the two (2) buildings.
However, since the buildings on the subject site (Lot 3) were constructed years ago, it would be difficult for
staff to monitor the incoming / outgoing businesses within the subject property without the active
involvement and coordination among Divisions within the Department of Development. However, the
property owner has agreed to monitor the businesses and their respective parking requirements for each
tenant by using a spreadsheet (see Exhibit "B" - Letter from Joni Brinkman to Eric Johnson) This
spreadsheet would be submitted as part of the building permit and occupational licensing process in order to
help mitigate any future parking problems. Also, according to applicant, each tenant's lease would require a
copy of the spreadsheet and that document would be submitted with the tenant's application for an
occupational license This spreadsheet would be maintained and continuously updated by the property
owner It would indicate the amount of provided parking on the site, the deduction of required parking per
bay, the applicable calculation rate, and the remaining unallocated amount of parking spaces. Obviously, it
is the City's responsibility to ensure compliance with the parking requirements However, the burden of
Quantum Park DRI Lot 3 (USAP 03-003) Staff Report
Memorandum No PZ-03-165
Page 5
proof is shifted from the City to the property owner when the property owner perpetually maintains the
"spreadsheet"(see Exhibit "C" - Conditions of Approval)
As previously mentioned, the subject property currently contains an Office - Industrial (01) land use option
This request for use approval, in part, is to allow gymnastic centers under the "Industrial" land use option
in the Quantum Park PID A similar type of request occurred in September 2001 At that time, Flip-City
requested to amend the City's Land Development Regulations to allow gymnastic centers in the Light
Industrial (M-1) zoning district. At that time, gymnastic Centers were not permitted uses in the M-1 zoning
district. Flip-City's justification was the following
"Gymnastic centers require high ceilings (minimum 16 feet) and a relatively large amount of square
footage (anywhere from 6,000 to 20,000 sq ft.)" Because of these requirements it is unfeasible to
operate such a facility in most commercial areas The ceiling height in most centers is in the 12-14
feet range So called "big boxes" are prohibitively expensive to either build or lease in commercial
areas and would be fiscally impossible to operate as a gymnastic center Throughout the state of
Florida there are many gymnastic centers operating in industrial zones. Of 83 gymnastic centers
polled in Florida, 74 of them are located in industrial zones. These numbers are representative of the
gymnastic industry nationwide"
Staff concurred by stating, that "economic and market trends evolve at a faster pace than zoning
regulations and may also lead to inconsistency in regard to the relationship between the public's welfare and
the allowance of such use" However, staff also reasoned that, "allowing the proposed use in the M-1
zoning district would intensify and be in contrast to the characteristics and performance of the M-1 zoning
district. Staff argued that "the use of an undersized building for recreational purposes, with a higher
parking requirement, could increase the need for code variances if existing sites could not be retrofitted for
the greater standards" Staff further believed that the gymnastic center use would have drastically modified
the industrial fabric of the M-1 zoning district and performed differently than a traditional industrial user
Staff recommended denial of Flip-City's request to amend the Land Development Regulations. The City
Commission approved Flip-City's request to allow gymnastic centers in the M-1 zoning district on November
20, 2001 per Ordinance No 01-57
At this time, staff opinion has not wavered from the original position that industrial property should not be
converted to commercial property The requested commercial type uses should not be permitted on lots
that have an "Industrial" land use option (in the Quantum Park PID) The main difference between the
Quantum Park PID and the M-1 zoning district is simply that the PID already contains a land use options
intended for commercial businesses These land use options are the "Commercial" and "Mixed-Use" land
use options In fact, the Quantum Park PID sets aside almost 132 acres of the industrial park for commercial
type uses Furthermore, the PID has drastically experienced a reduction in land set aside for industrial type
uses In fact, over 52% of the land in the entire PID is set aside for other than industrial users. Allowing
the requested use approval would only exacerbate the growing trend of converting industrial property to
commercial property, especially while there is still ample commercial property found throughout the PID as
well as citywide More importantly, Quantum Park was approved for a certain number of vehicular trips in
terms of traffic concurrency pursuant to the Development of Regional Impact (DRI) Converting industrial
uses to commercial uses (that generate higher traffic such as karate studios) could have negative
implications on traffic concurrency that affects the DR! thresholds despite the applicant's request for use
approval on Lot 3 only The DRI thresholds are based upon land uses that are regulated to land use options
assigned to each parcel Staff maintains that the above-requested commercial types of uses would be
better served in lots in the PID that already posses the "Commercial" land use option This would be more
Quantum Park DRI Lot 3 (USAP 03-003) Staff Report
Memorandum No PZ-03-165
Page 6
desirable than opening up a floodgate for commercial uses on lots with the "Industrial" land use option even
if it were only requested for Lot 3 at this time
It is the opinion of staff that the proposed list of uses (see Exhibit "D") is consistent with the intent and
purpose of the Quantum Park PID The list of permitted uses for the Quantum Park PID has been
specifically tailored to the subject property due in part, to the site's close proximity to adjacent commercial
centers and residential neighborhoods as well as its developed (nearly "built-out'') characteristic. However,
staff determined that four (4) of the proposed uses should not be allowed given the fact that the above-
referenced uses would be more appropriate in those Quantum Park lots that have a Commercial land use
option
In conclusion, it is staff's opinion that the only requested uses that actually have "industrial" characteristics
would be the following Installation, repair, and service of stereo, window tinting, and alarms for
automobiles. Big box companies such as Best Buy, Sound Advice, or Circuit City provides this type of
service but only as an accessory use to the principle use (retail) These types of stores would be best suited
for the "Commercial" land use option over the "Industrial" land use option Auto repair is not allowed within
the PID and auto part stores, such as Rose Auto Parts, Discount Auto Parts, and AC Delco would also be
best suited for the "Commercial" land use option Finally, the exclusion of the applicant's other requested
uses makes it easier for both staff and the property owner to monitor the parking situation
RECOMMENDATION
It is the determination by staff that the applicant's list of proposed uses would not be consistent with the
intent and purpose of the Office - Industrial (a!) land use option of Lot 3 in the Quantum Park PID
Therefore, staff recommends that the proposed list of permitted uses be reduced to only allow the
following uses
. Installation, repair, and service of alarms, stereos and window tinting for automobiles
Also, staff recommends that the above referenced uses for Lot 3 be approved contingent upon meeting
the conditions listed in Exhibit "C" - Conditions of Approval Additional comments recommended by the
Board or Commission would also be included in Exhibit "C" - Conditions of Approval
Attachments
S:\Planning\shared\Wp\Projects\Quantum Lot 3\UsAP 03-002\staff Report.doc
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Mr Enc Johnson
Planrung & Zorung Dlv1sIon
City of Boynton Beach
i 00 E Boynton Beach Blvd.
Boymon Beach, FL 33425-03 i 0
RC Quantum Park DR! Use List Revision Request
Our File No 98-01009A
Dear Mr Johnson.
As a foilow up to our ielephone conversailOn la5t week, T would hke to aaaress your specific
concerns as to the process for morutonng the uses and assocIated requITed parkIng for Lot 3 m the
Quamum Park DRI
ThIS project IS under the o"\.vnershlp of one entIty and aii of the square tootage contained In the
bUlldmgs IS leased to tenants. The owner has agreed to morutor the tvpes of uses and the requITed
parkmg tor each on a spread sheet whIch wlii be submitted as part ofihe budding permitting process.
In addmon, each tenant s lease will reqUITe that a copy of the sheet be subrmtted Wlth therr
applIcatIOns for occupatIOnal lIcences. ThIS spread sheei wlii be malnialned and updated by the
propeny owner and will mdlcate the amount of proVIded parkmg on the SIte, the deductlon of
requIred parking per bay and applIcable caicuianon rate, and ihe remamlng unaiiocated amouni of
parkmg spaces. Tlus morutonng method IS sllll1lar to what has preVIously been accepted by the CIty
m sl1Illlar sliuatlOns, such as LevItt CommercIal's project on Lois 9-12 @ HIgh Ridge Commerce
Center
The apphcant agrees to mOnitor the utlhzanon of parking as outimed above, and thiS method wlil put
no undue monnonng burden on CIty staff. I hope thIs addresses any concerns you may have Please
feei free to call Wlth anv questIons.
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Project Planner
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DEPARTMENT OF DEVELOPMENT
cc Michael Rumpf
Robert Burrow
15-;~ Old Ok.:cchc b.:e Rl),tU. ~IJI[~ 106
Tel 'h:.h~N--+o-O Fax 51)1-1),\<) '5.G
\~"t P~lIl1l Beach FL 3~J(N-5TO
[:: m.iJ i \\Inston\\ la _ Jul com
EXHIBIT "e"
CondItIOns of Approval
Project name Motorola Pill
FIle number' USAP 03-001
R tI S hOb "Q
k
e erence ee Ex 1 It "D - uantum Par DR! Use LIst RevlSlon Request
DEPARTMENTS 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
PARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENT ALIST
Comments. None X
PLANNING AND ZONING
I Staff recommends that the folloWIng uses be elImInated from the lIst of X
proposed permItted uses
. AthletIc & AerobIc Clubs / SpeCIalIzed InstructIOn, Includmg such
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
uses as gymnastic centers, cheerleadmg schools, karate schools, yoga
centers, pilates centers, dance StudIOS, and fitness centers,
,
. Automobile and vehIcle accessones, furnIshes, customIzatIOn, and
sales.
2. The owner of Quantum Park Lot 3 has agreed to monitor the future busmess X
of each tenant and theIr reqUIred parkmg. ThIs momtonng system would be
accomplIshed by usmg a spreadsheet. ThIs spreadsheet would be
contmuously mamtamed by the property owner and subrmtted to the Buildmg
DIVIsIOn dunng the penmttmg process for intenor renovatIOns. In addItIOn,
the property owner (or tenant) would subrmt thIS updated spreadsheet to the
Occupational LIcense DIvIsIOn when applymg for an occupatIOnal lIcense for
a future business. Staff agrees wIth thIS momtonng system and further
recommends that no occupatIOnal lIcenses or buildmg penmts be Issued untIl
the applIcant formally and satIsfactorily demonstrates complIance wIth all
applIcable parkmg reqUIrements.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments
3 Allow gymnastIc centers, cheerleadmg schools, and the mstallatIOn, repaIr, X
and semce of alarms, stereos, and wmdow tmtmg for automobiles, and
ancillary sales on Lot #3 Also, the applIcant must present traffic data and a
statement mdICatmg 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 determmed.
S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 03-002\COA.doc
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May 21,2003
Mr Michael Rumpf, Drrector ofPlanrung & Zorung
Planrung & Zonmg DIVISIon
CIty of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
RE Quantum Park DRl Use List Revision Request
Pre-ApplicatIon Meeting on May 7, 2003
Our File No 98-01009A
Dear Mr Rumpf:
Pursuant to my pre-applIcatIOn meetmg wIth DICk Hudson and Enc Johnson on May 7, 2003, thIs
letter shall serve as a formal request to reVISe the approved Use LISt for the Quantum Park DRI.
The proposed reVISIon to the lIst IS as follows.
Add the followmg uses to SectIOn D , INDUSTRIAL
. Athletlc and AerobIC Clubs/SpecIab..zed InstruCtIOn, mcludmg such uses as gymnastIC
centers, cheerleadmg schools, karate schools, yoga centers, pilates centers, dance StudIO
and fitness centers, etc 7
. Automobile and vehIcle accessones, furrushmgs and supplIes sales, mstallahon, reparr, and
servIce, such as car alarms, wmdow tmtmg, stereo systems and custormzatIon.7
7 Applies to Lot 3 only
J ustifica tion
AthletIC and AerobIC Clubs/SpeCialIzed InstructIon. Over the years, the Quantum Park DRI has
evolved from what was ongmally enVISIoned to be an mdustnal/office park mto more of a rruxed
use development. These changes mcluded the addItIon of up to 1,000 reSIdentIal dweIlmg uruts to
the park. The addItIon of the aforementlOned uses will be of benefit to the reSIdents resIdmg m
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EXHIBIT "0"
Mr Michael Rumpf
Mav 21,2003
Page 2
the park and will aId rn keeprng addItIOnal vehicle tnps rnternal to the park and encourage
pedestnan access to the uses from the approved 271 resIdentIal urnts on lots 7 through 11 and 23
thro ugh 3 1
Automobile and velucle accessones. funushmgs and supplIes: ThIs use, rnc1udmg auto and veluc1e
parts sales, IS allowed m the M-l Industnal zorung dIstnct and IS tYPIcal of uses you find m
mdustnal flex space. GIven staffs concerns over the potentIal effects ofallowrng auto parts sales
on the character of the park, parts sales has not been mcluded m thIs request. The request has
been lmnted to specrfic uses as outlmed above All mstallatIons, reparrs and servIce shall take
place WIthm tenant bays.
We feel both the above request use approvals are consIstent WIth the character m which the
Quantum Park DRI has evolved and respectfully request staffs support of the applIcatIon. Please
feel free to call WIth any questIOns you may have m regard to the mformatIon contarned herem.
Smcerely,
~~
10m Bnnkman, AICP
Project Planner
cc Robert Burrow
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated Initiating department must prepare Agenda Item Request Form Submit
original agenda request (with back up) and one CODV of agenda reauest (with back UD) to the
City Clerk's office Items must be submitted by the deadlines indicated below Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
cg]Au ust 5, 2003
DAu ust 19, 2003
DSe tember 2, 2003
DSe tember 16 2003
DOctober 7, 2003
DOctober 21, 2003
DNovember 5 2003
DNovember 18, 2003
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Re uest Form
De artment Head D
Wilfred Hawkins for de artments under Administrative Services 0
Finance De artment for items that involve ex enditure of funds 0
All back u material is attached cg]
All exhibits are attached & marked e I Exhibit "A' I cg]
Department Head's initials
Quantum Park DR! (USAP 03-003)
Please do not write in the shaded area below
Legal Department signature D
City Manager's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S)
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other 0
Reason
Person contacted to pick up rejected request
by
bg 7/19/02
S. \Planning\Planning Templates\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2003.doe
on
(Date)
ORDlNANCE NO. 01- 5;1
"
\
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDlNG
LAND DEVELOPMENT REGULATIONS, CHAPTER 2
"ZONING", SECTION8.A.l.d.. PROVIDlNG FOR THE
ADDITION OF A NEW PERMITTED USE, 'GYMNASTIC
CENTERS, TO THE M-I ZONING DISTRICT,
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
r'''~
WHEREAS, Chapter 2, Section 8. A.I.d. of the Land Development Regulations of
the City of Boynton Beach Code of Ordinances limits the M-l zoning district to specific
miscellaneous uses and.does.not include gymnasiums or gymnastic centers; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
best interests of the citizens and residents of the City to amend the Land Development
Regulations to include gymnastic centers as a permitted use.
r~.l>~
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA. THAT
Section 1.
The foregoing whereas clauses arc true and correct and are now ratified
and confirmed by the City Commission.
Section 2.
That Chapter 2. "Zoning", Section 8 A.1.d.., of the Land Development
Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by creating
a new subsection (9), by adding the words and figures in underlined typc and by deleting the
words and figures in struck-through type, as follows:
(9). Gvmnastic centers
Scction 3.
Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4.
All laws and ordinances applying to thc City of Boynton Beach in
S,\C.A~"Cb",...'.AudoodmoLDIl """"",. G,omastXs 102901.'"
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conflict with any provisions of this ordinance are hereby repealed.
Section 5.
Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid., such decision shall not
affect the remainder of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately
FIRST READING this ~ day of November, 2001.
SECONt>, FINAL READING AND PASSAGE this 6to day of
November, 2001
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