Loading...
REVIEW COMMENTS 7.C.2 QUANTUM PARK DR! (USAP 03-003) USE APPROVAL DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO PZ 03-165 STAFF REPORT TO Chairman and Members Planning and Development Board and City Commission FROM Michael Rumpf Director of Planning & Zoning Eric Lee Johnson, AICP CZ;czj' Planner L July 7, 2003 Quantum Park DRI / (USAP 03-003) THRU DATE PROJECT NAME/NO REQUEST 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 4075 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, DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO PZ 03-165 STAFF REPORT TO Chairman and Members Planning and Development Board and City Commission DATE Michael Rumpf Director of Planning & Zoning Eric Lee Johnson, AICP 7! Planner l, July 7, 2003 THRU FROM PROJECT NAME/NO Quantum Park DR! / (USAP 03-003) REQUEST 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 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, vegetation, discomfort, 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 heat, 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 DRI 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 "0'') 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 "lndustrial"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 (01) 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 - L~CATION MA~ t:^Hltjll J "~~,,.9UANTUM PAR~ PIO 'i 'L-:t) - - I l4 II ~'~'1" l , 4/ - ~:It t:;: J . l... (/) i0.. 5. ~ : ,.:, I. " ,'-,-l ~ ~.~ ~"- L ~ ~- fJslSfJi ~ I --.. ::s ~ ...... Qo~ ~ y' ~ l7 ~ . r;;. "1:J JJ 3.. ~ ~f l1!J :~ tl ___-;!M.if" .:.~ ~ B ~ "I'..h.. "- ----. I ~ ; )(/..., -= :1/ U rJ1~ r; r ~~ I .~ ~ ~ I"~ ;1/ ~. LK ~~ '" r't;..:: /~.' ~~ - ;/\'~: ~. '.~ 9' @3:\ \tg:... ..': - ~. CJ : :r~J1 ~ / . " ,.......~ ': ,;. .":: _"~.i( . '.- '" .. ~ ,.. . \N. W Z'1~O', - ,.. / -- I - ..- I 1 \ . . t ~ ; / / . ,,- -;' ~ --- r.!{' ::MrtUK't~).A1 j/." . i~:' I ,~ I J '.: ,t , : ). I I, 11" - . ,. ~ ---..J '~~, {'.- I -: CYNT ~_: ~. H f.g--=::...._~ - :=MnK OF COMMERLJ1i=" rrlUANTUM PARKJ i :::::;-- - -.. ~ ~ up 7/ NOT ~ IN I CITY - 1 t.), - II j I "MOTOROLA,: I - rIl ~~~y >l-~"'." 7" ~ " ~ ~ I" '- r,," IUQ~ rC a..., . . ~ JJ \ ~ 11 \ ' - ~ ~ ~ ~ ~ 'j ii ~ '~rt"J ... J / ~ PIC , .... )1'- R AA 1\ \ ~ ' :::::: i~ i", ~( .. rill 1 . '-" . I~ - I '.... _~_o_ _ IR : 1- : 'RI i- d ;,~ ~ E . ~ ~ e - - - ~ .. .":C'" J..' 1.... "'0 _ . - ...... 'If' .}. '{' r= ,'~,~ - , or ~ ~ ~. 'y\\...l -.... .... _ ~ ... )-11 I I I III ,~ 11111 i 8~nl4-_- llJ~ r- . ~ t:;: ~......u .j III ~'=~Z" 1/ ~~ -. MILES~, 'I ffil I[ 1m 07- 99 r" PU ~...... .. -1L ~ ~ -.C~ ~ -"II: o 1/8 1/1/ 'I '0 400 800 FEET PL.A/y/v/NC DIVISIOJ -..... ,.- I -'~Vinston -I .Lee ~L\ssoclates'l Ine EXHIBIT "B" Lclf~tl"'\...~lp,- -\r 'hllL,,- U i ?~...innln~ F, C ( June 24,2003 ivlr Ene Johnson Planrung & Zorung DIVIsIon City of Boynton Beach i 00 E Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Rl:: Quantum Park DR! Use List Revision Request Our File No 98-010 09A Dear Mr Johnson. As a follow up to our telephone conversation last week, I would lIke to address your specIfic concerns as to the process for momtonng the uses and associated requIred parkIng for Lot 3 m the Quantum Park DR!. ThIS project IS under the ownershIp of one entIty and ali of the square footage contamed m the buildmgs IS leased to tenants. The owner has agreed to momtor the types of uses and the requIred parkmg tor each on a spread sheet whIch WIll be submitted as part of the bUlldmg permlttmg process. In addItIOn, each tenant s lease will require that a copy of the sheet be subIDltted With theIr applIcatIOns tor occupational lIcences. ThiS spread sheet wlil be mamtamed and updated by the property owner and will mdlcate the amount of prOVIded parkIng on the SIte, the deductIon of reqUIred parkmg per bay and applIcable calculatIOn rate, and the remammg unallocated amount of parkmg spaces. ThIs momtonng method IS surular to what has preVIously been accepted by the CIty m surular SItuatIOns, such as LevItt CommercIal's project on Lots 9-12 @ HIgh RIdge Commerce Center The applIcant agrees to momtor the utlhzatlon ofparkmg as outlmed above, and thiS method will put no undue momtonng burden on CIty staff. I hope thIs addresses any concerns you may have. Please feel free to cali With any questIons. cc Michael Rumpf Robert Burrow !;-\ ;0--". """' ill ~ @ ~ D W ~ ill 12 ~ ! i 10 J! LS '---" ..- I "\ -----_..~ - I! n: ; L I! ", 25 ,.. Ii. i i LJ~l ------------- OEPARTMENT OF OEVELOPMENT PL... ; -- ._------ Smcerely, 2cr-<- Pu~~ '/Jom Brmkman, ArcP Project Planner 1"~~ Old 01--c<:chobee Road Suite 106 \\eq P:llm Beach. FL 33409-52'0 Tel "h 1-6~N-4b -0 Fax "I) i-h,N ':;"59 E mati wlnstom\!:\itl aol com EXHIBIT "e" CondItIons of Approval Project name' Motorola Pill File number USAP 03-001 R fI S h'b "D" Q k RIU L R R e erence ee Ex I It - uantum Par D se 1St eVISlOn equest DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments None PUBLIC WORKS- Traffic Comments. None UTILITIES Comments. None FIRE Comments None POLICE Comments None ENGINEERING DIVISION Comments None BUILDING DIVISION Comments. None PARKS AND RECREATION Comments None FORESTER/ENVIRONMENT ALIST Comments. None PLANNING AND ZONING 1 Staff recommends that the followmg uses be elImmated from the lIst of proposed perrmtted uses . AthletIc & AerobIc Clubs / Specialized InstructIOn, mcluding 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 accessories, furnIshes, customIzatIOn, and sales. 2. The owner of Quantum Park Lot 3 has agreed to mOnItor the future busmess of each tenant and theIr reqUIred parkIng. This mOnItonng system would be accomplIshed by usmg a spreadsheet. ThIS spreadsheet would be contmuously mamtamed by the property owner and submitted to the Buildmg DIVISIOn dunng the perrmttmg process for mtenor 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 busmess. Staff agrees with this monitoring system and further recommends that no occupational licenses or buildmg perrmts be Issued until the applIcant formally and satisfactorily demonstrates complIance WIth all applicable parkmg requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments. 3 To be determmed. ADDITIONAL CITY COMMISSION CONDITIONS Comments 4 To be determmed. S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 03-002\COA.doc EXHIBIT "0" I ~YV.inston Lee i\ssoclates, Inc. chi ~ I! c \ - i : : L \1 W 2 120m D."" p~.~.WJI:C; ~.' iJ I i..~'-1 ---- : ' l' i \ LJ \ J , ~ L.;;;~. t)l ~ll~ I ._ I- ~ l 'L ( May 21 2003 Mr Michael Rumpf, DIrector of Planrung & Zorung Planrung & Zorung DIVISIon CIty of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE Quantum Park DR! 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 . AthletIc and AerobIC Clubs/SpecialIzed InstructIon., mcludmg such uses as gymnastIC centers, cheerleadmg schools, karate schools, yoga centers, pilates centers, dance StudIO and fitness centers, etc 7 . Automobile and velncle accessones, furrushmgs and supplIes sales, mstallatIon, reparr, and sefVlce, such as car alarms, wmdow tmtmg, stereo systems and custorrnzatIon.7 7 ApplIes to Lot 3 only Justification 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 IDlXed use development. These changes mcluded the addItIon of up to 1,000 resIdentIal dwelling umts to the park. The addItIon ofthe aforementIoned uses will be of benefit to the resIdents resIdrng rn ] 532 Old Okcechobce Road. SUITe! 06 \\est Palm Beach. FL 33409-527() Tel ':;hl-l1qlL~6-() FIX ';;61-f39 ';;';;';;9 [: mall \\"!nston\\la~aol com ......... EXHIBIT "0" Mr Michael Rumpf May 21,2003 Page 2 the park and will aId m keepmg addItIonal velucle tnps mtemal to the park and encourage pedestnan access to the uses from the approved 271 resIdentIal uruts on lots 7 through 11 and 23 through 31 Automobile and velucle accessones, furrushIngs and supphes: ThIs use, mcludmg auto and velucle parts sales, IS allowed m the M-l lndustnal zorung dIstnct and IS typIcal of uses you find m mdustnal flex space. GIven staff's concerns over the potentIal effects of allowmg auto parts sales on the character of the park, parts sales has not been mcluded m thIs request. The request has been lmnted to specIfic uses as outhned above. All InStallatIons, reparrs and servIce shall take place WIthIn tenant bays. We feel both the above request use approvals are consIstent WIth the character m wluch the Quantum Park DRI has evolved and respectfully request staff's support of the applicatIon. Please feel free to call With any questIons you may have m regard to the mformatIon contamed herem. Smcerely, ~~ Jom Bnnkman, AIep Project Planner cc Robert Burrow