AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be. Turned
Meetinl! Dates in to City Clerk's Office Meetinl! Da~ in to Citv Clerk's Office
0 August S, 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)
IZJ 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 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
181 Consent Agenda 0 Public Hearing
0 Code complianceILegal Settlements 0 Unfmished Business
'-"
RECOMMENDATION Please place this request on the September 2, 2003 City Commission Agenda under
Consent Agenda. The Planning and Development Board with a 5 to 2 vote, recommended that the subject request be
approved. Staff continues to oppose approval of this variance due to lack of hardship and the fact that the effect will be to
acconnnodate an expansion of commercial uses at this project, which has "office" and "industrial" use options within the
Quantum Park DR!. Although the recent use approval added athletic training and certain auto accessory uses to the subject
Lot #3, the existing parking resources would have naturally limited the extent that non-industrial uses could be accommodated
at the project The applicant (for the use approval) at that time acknowledged this circwustance by committing to the daily
monitoring of available parking in conjunction with occupational license requests. More significant changes in the
commercial uses allowed at this project should follow state requirements for changes to a DR!. For further details pertaining
to the request, see attached Department of Development Memorandum Nos. PZ 03-198 and PZ 03-165 (staffreport for
recent Use Approval application.
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park Lot 3 (ZNCV 03-608)
Michael Rodriguez, Ruden McClosky
Bocar Properties, Inc.
Lot 3 Quantum Park P .1.0., Boynton Beach
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 7 .H.l7, requiring a 25-foot wide peripheral greenbelt when
abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance
of 18 feet for a commercial office/warehouse building in a P .1.0 zoning district.
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PROGRAM IMPACT:
FISCAL IMPACf
ALTERNA
City Manager's Signature
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Meeting
Date
File No
Location
Agent/
Applicant:
Owner.
Project:
Variance
Request'
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO PZ 03-198
STAFF REPORT FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
August 26, 2003
ZNCV 03-008 (Peripheral greenbelt reduction)
Lot 3 Quantum Park P.I.D , Boynton Beach, FL.
Michael Rodriguez/ Ruden, McClouskYl Smith, Schuster & Russell, P.A.
Bocar Properties, Inc.
Quantum Park Lot 3
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2
Zoning, Section 7 H 17, requiring a 25-foot wide peripheral greenbelt when abutting a
residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for
a commercial office/warehouse building in a P I D zoning district.
BACKGROUND
The subject property, owned by Bocar Properties, Inc. is located east of Congress Avenue, at the northwest
corner of Quantum Boulevard and L.W D D E-4 Canal (see Exhibit "A" - Location Map) Michael Rodriguez,
agent for the owner, is requesting relief from the above-referenced Land Development Regulations, which
requires a peripheral greenbelt on all sides of a Planned Industrial Development (PID), which includes the
western property line of the subject property The site plan application was reviewed and approved by the
Planning and Development Board on June 22nd, 1999 The application proposed to construct two, one-
story, office / warehouse buildings totaling 46,660 square feet (See Exhibit "B" - Approved Site Plan)
When approved, this project (Lot #3) provided more than the required parking spaces A total of 132
parking spaces were proposed, including five (5) handicap spaces
RecentlYl the owner of the property had requested a use approval (USAP 03-003) to allow additional uses,
whose characteristics are similar to commercial uses in nature Such uses usually require more parking
spaces than most industrial uses
The following is a description of the land uses and zoning designation of the properties that surround this
site
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 (LDR) land use designation,
zoned Planned Unit Development (PUD),
Page 2
Quantum Park Lot 3
File No ZNCV 03-008
South
Right-of-way for Quantum Boulevard, then further south is developed property with an
Office - Industrial - Hotel (OIH) land use designation, zoned Planned Industrial Development
(PID),
East'
L.W D D E-4 Canal right-of-way, and farther east Developed property (Masonic Lodge) with
an Office (0) land use option, zoned Planned Industrial Development (PID), and
West:
Developed commercial property (Shop pes of Boynton) with a Local Retail Commercial (LRC)
land use designation, zoned Community Commercial (C-3)
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following
a That special conditions and circumstances exist which are peculiar to the lanct structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
d That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e That the variance granted is the minimum variance that will make possible the reasonable use of the
lanct building, or structure
f That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare
Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained
in Exhibit "c" Staff responses to selected items are as follows
a That special conditions and circumstances exist which are peculiar to the land involved and which
are not applicable to other lands, and
b That the special conditions and circumstances do not result from the actions of the applicant.
The subject request has been generated as a result of the applicant's intention to provide additional
parking spaces to support the expected demand for the newly approved commercial uses Therefore, the
variance would not be necessary if the property would be used as originally approved for office, industrial
or warehouse uses Furthermore, the same site requirements and use designations are applied similarly to
other properties located in the Quantum Park PID, and the buffer requirements are applied in the same
fashion to other perimeter parcels in the PID Additionally, through an amendment to the list of permitted
Page 3
Quantum Park Lot 3
File No ZNCV 03-008
uses for the Quantum Park PID, to allow commercial uses, the actions of the applicant have created the
special conditions and circumstances
c. That granting the variance requested wi'll not confer on the applicant any special privilege that is
denied by this ordinance to other lands/ buildings/ or structures in the same zoning district.
Given that master plans are reviewed and approved initially for compliance with regulations and
conformance with quality design and compatibility objectives intended for planned zoning districts (i e
Planned Industrial District), granting of the subject request could represent a special privilege not typically
conferred to others This statement is justified by the fact that relief would represent the lowering of
standards to which other PID master plans are held The intent of the peripheral buffer is to provide a
separation and transition between uses, which differ in terms of intensity and performance
e. That the variance granted is the minimum variance that will make possible the reasonable use of
the lanr;i building/ or structure.
Staff acknowledges that these restrictions add more challenges to providing additional parking spaces to
accommodate more parking-intensive uses. The approved site plan configuration does not leave sufficient
room elsewhere to provide the additional parking spaces to support commercial uses and meet all Land
Development Regulations.
With respect to criteria "e/J'above, which relates to the magnitude and necessity of the variance, the subject
property was approved under the "Office-Industrial" land use option Therefore, the building and site was
designed to maximize the site pursuant to the existing land use options It is the opinion of staff that
"reasonable use" in this case would mean that the principal use of the project would be office and
warehouse uses, as originally intended by the use options, and that a small portion of the project could be
used for uses recently approved through the use approval process (commercial-like uses with more intense
parking ratios)
f That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
According to the applicant, this portion of the subject property abuts the parking area for the adjacent
cinema The applicant intends to provide sufficient landscape buffering within the remaining seven (7) feet
of peripheral greenbelt to adequately buffer the additional parking area However, with respect to impacts
on the area, and satisfying criterion "f" above, staff acknowledges that the subject variance would not be
consistent with the general intent and purpose of the ordinance for the Planned Industrial District, which is
"to accomplish a more desirable environment for industrial development in relation to existing and/or future
city development", to "promote the public health, safety, convenience, welfare "or to provide efficient and
harmonious design so as to create an attractive project"
The fact that the applicant amended the approved use list to allow commercial-type uses, requIring
additional parking, suggests that the hardship has been created from the applicant's action and not from
the physical characteristics of the subject parcel within the PID An argument can also be made that the
subject property, the westernmost perimeter lot of the PID, is more restricted than most because of the
large buffers on both the north and the west sides However, is this truly a hardship and justification for a
variance, when there was no hardship when it was to be developed purely for Office/Industrial uses? In
light of the established PID use designation for the property, "Office/Industrial", and the recently approved
Page 4
Quantum Park Lot 3
File No ZNCV 03-008
use change, the most logical approach is to simply allow the current parking resources to govern the types
and intensity of uses allowed at the project. For example, without the variance and additional parking
spaces, the current parking space resources, due to the surplus, would accommodate just less than one-
quarter (approximately 11,665 square feet) of the project to be used for commercial-like uses (at 1 space
per 200 square feet) and the remainder split for office and warehouse space each occupying approximately
17,497 square feet. This is just one possible parking demand scenario that could vary, but would be
monitored by the owner, as committed to when requesting the use approval, to ensure that the
combination of uses can be supported by the available parking resources
CONCLUSIONS I RECOM MEN DATION
Based on the analysis contained herein, staff recommends that this request for relief to allow a 7-foot wide
peripheral greenbelt in lieu of the required 25-foot wide buffer, resulting in a variance of 18 feet be denied
No conditions of approval are recommended, however, any conditions of approval recommended by the
Planning and Development Board or required by the City Commission will be placed in Exhibit "D"-
Conditions of Approval
MDA/
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QUANTUM PARK AT BOYNTO,V BEACH, P.LD. PLAT '\'0.1
BOYNTON BEACH, P4LM BEACH COUNTY FLORIDA
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EXHIBIT "e"
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
VARIA~CE JUSTIFICATION STATEME~T
IN RE LOT 3, QU4.NTC}1 PARK AT BOYNTOi\f BEACH P I.D, PLAT OVE
I BACKGROU'-.'D
Bocar PropertIes Inc ('PetltlOner") seeks a vanance pursuant to Chapter 1 5
SectlOn 4 1 of the Land Development Code of Boynton Beach ("LDC") from SectlOn
7.H 17 of the Land Development Code to allO\v for the reductlOn of the Penpheral
Greenbelt" on the \\ estern property lme of the property from twenty-five (25') feet to
seven (7') feet m order to accommodate addItlOnal parkmg PetltlOner's property IS
located wnhm the Quantum Park Planned IndustrIal DIstnct and IS legally descnbed as
("Property")
Lot 3 QLA?\Tl'\'l P'\RK AT BOYNTON BEACH P.LD, PLAT "\f0 1
accordmg to the plat thereof on file m the Office of the Clerk of the
CIrcUIt Court m and for Palm Beach County, Flonda recorded m Plat
Book 57, Page 182
PetltlOner seeks to construct addltlonal parkmg to service the thIrty-t\vO (32) umt
commerCIal office. \\ arehouse use on the Property The commercial use of the Property
has mcreased the proposed demand for parkmg and PetItlOner mtends to supply
addltlonal parkmg spaces to meet Said demand. The only vIable 10catlOn for addItlOnal
parkIng on the property IS along the western boundary lme where the "Penpheral
Greenbelt IS currentl\ located Petltloner seeks to place t\.venty-five (25) parkmg spaces
wlthm the western property lme and seeks a vanance to reduce the Width of the
"Penpheral Greenbelt" trom twenty-five (25 ) feet to seven (7') feet.
FTL. 1 OS.. 115 1
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Variance Justification Statement
[n re Lot 3 Quantum Park at BOl'mon Beach P[D PIal Vo 1
June /9 2003
Page 2 of 10
EXHIBIT "C"
II. PREREQUISITES FOR VARlAI\CES
Chapter 1 5, SectIOn 4 I.D LDC proVldes for the Plannmg and Development
Board to have the followmg powers
The board has the authonty and duty to authonze upon appeal such
vanance from the terms of a Cltv ordInance as WIll not be contrary to the
publIc mterest when, OWIng to specIal condItIOns, a lIteral enforcement of
the proVIsIOns of the CIty ordInance would result m unnecessary and undue
hardshIp
The Plannmg and Development Board, m exerclsmg the above referenced PO\\ ers
and dutIes shall grant a vanance upon the folloWIng cntena, enumerated m Chapter I 5
SectIOn 4 1.D 1 LDC
a. That specIal condItIOns and clTcumstances eXIst whIch are peculIar
to the land, stmcture or bmldmg Involved, and WhICh are not applIcable to
other lands, stmctures or bmldmgs In the same zonmg dlstnct.
b That specIal condItIons and CIrcumstances do not result from the
actIOns of the applIcant for the vanance
c That grantmg the \ anance requested \vl11 not confer on the
applIcant any specIal pnvllege that IS demed by thIS sectIOn to other lands
stmctures or bUIldIngs In the same zomng dIstnct
d. That lneral mterpretatIOns of the proVIsIOns of the ordmance would
depnve the applIcant of nghts commonly enJoved by other propertIes In
the same zonmg dlstnct under the terms of the ordmance and would work
unnecessary and undue hardshIp on the applIcant.
e That the vanance granted IS the mmlmum vanance that wIll make
possIble reasonable use of the land, stmcture or bmldmg
f That the grant of the \ anance wIll be m harmony WIth the general
Intent and purpose of thIS chapter and that such vanance WIll not be
InJunous to the area Involved or be otherwIse detnmental to the publIc
welfare
The Property IS located wlthm the Planned Industnal Dlstnct (Pill) SectIOn
7.H 17, LDC, prOVIdes as follows
Penpheral greenbelt The project area shall be enclosed on all SIdes \vIth
the exceptIOn of accessways for traffic and freIght by a landscaped area
WIth a mlmmum WIdth of twenty-five (25) feet e'Xcept \\hen such property
FTC. 1 0541
(
Variance Justification Stat~l/lent
In re LOl3 Qualllul/l Park at BoynlOn Beach PI D PIal \0 I
June 19 2003
Page 3 of JO
EXHIBIT "C"
abuts a reSldentlal dlstnct such greenbelt shall have a mmlmum \vldth of
forty (40) feet.
The western penpheral greenbelt of the Quantum Park PID runs along the PetltlOner's
\\ estern property lme PetltlOner IS seekmg a \ anance to reduce the WIdth of the
penpheral greenbelt to allo\\ for the placement of addItIOnal parkmg m order to
accommodate the expected mcreased demand due to the commercIal use of the Property
The locatIOn of property m the \\ estern portlon of the Property IS the only feaSIble
locatlon for addItIOnal parkmg PetItIOner dIscussed the locatIOn of parkmg between the
two commercIal bUlldmgs wlthm the "loadmg area." However, whIle the Plannmg and
Zomng DIVISIOn supported the locatlOn of parkmg m that area, the Engmeenng
Department objected to smd locatIOn Allowmg parkmg wlthm the \vestern portlOn of the
Property IS the mmlmum vanance that would allow the PetItIOners the reasonable use of
the Property
A. That Speczal CondztLOns And Circumstances EXist yVhlch Are Peculzar To
The Land, Structure Or Buzldzng Imolved, And Which Are Not Applzcable
To Other Lands Structures Or BUIldl11gs In The Same Zomng District
The Property IS located on the western boundary of the Quantum Park PID The
Property IS bounded on the \vest by a commercIal use ("Regal Boynton 8 Cmemas") on
the south by Quantum Boulevard, on the east by Lake Worth Dramage Dlstnct Canal E-4
Canal, and on the north by Lake Worth Dramage Dlstnct Canal L-21 and the Dos Lagos
reSIdentIal commumty The western and northern property lmes of the Property fonn the
western boundary of the Quantum Park PID The Property contams a twenty-five (25)
feet penpheral greenbelt adjacent to the \\ estern property lme and a forty (40) feet
penpheral green belt adjacent to the northern property lIne The SIte area IS 4 075 acres,
FTLI0541151
t
Variance Justification Statement
In r,;. Lot 3 Quall1um Park at Boynton Beach PID Plat Vo I
June 19 2003
Page 4 of 10
EXHIBIT "e'I
and the gross buIldmg area IS proposed to be fortv-slx thousand SIX hundred sIxty (46,660
sf) square feet of commercIal office!\\ arehouse uses The Property IS one of only three
(3) nodes WIthm the Quantum Park P.I D that IS affected by the penpheral greenbelt on
more than one property lme The reqUIrement for a penpheral greenbelt along more than
one property lIne, along WIth the added burden of bemg adjacent to a resIdentIal use on
the north, provIdes a speCIal condItIOn that IS peculIar to the Property WIthm the PID
B That Speczal ConditIOns 4.nd Ctrcwnstances Do Not Result From The
4ctIOns Of The 4pplzcanr For The Varzance
The topography and placement of property IS not a self-mfllcted or self-created
hardshIp \1...; Ith the penpheral greenbelt on t\\ 0 (2) sIdes of the Property, It IS subject to
set backs of twemy-fi\ e (25') feet and forty (40) feet on two (2) sIdes These setback
reqUIrements lImIt bUlldmg on the Property to a greater degree than other propertIes m
the subdIVISIOn that are bounded located \\ Ithm the PID, or \vlth only one property lme
subject to the penpheral greenbelt. ThIS added buffenng lImIts the amount of open space
m whIch to prOVIde the addItIOnal parkmg that wIll accommodate the expected demand
due to the commercIal use on the Property
The Court mElvvyn v City ofi'vfzamt, 113 So.2d 849 (Fla.App 1959) stated
The authontIes seem umform on the propOSItIOn that the dIfficultIes or
hardshIps relIed on must be umque to the parcel mvolved m the
applIcatIOn for the vanance Thev must be peculIar that partIcular
property, and not general m character, smce dIfficultIes or hardshIps
shared WIth others m the area go to the reasonableness of the zonmg
generally, and WIll not support a valiance
The locatIon and area of the bUlldmgs coupled WIth the eXIstence of penpheral
greenbelts on two (2) SIdes of the Property creatmg twenty-five (25') foot buffer on the
\\ estern propert) lme and a forty (40) foot buffer on the northern property lme creates a
FTL. 1 054 1 15 I
(
V anance JustificatIOn Statement
/n re LOl3 QU(l/1 wn Park at Boynton Beach PfD Plat Vo /
June /9 l003
Page50 fO
EXHIBIT lie
unique hardshIp The bUIldmg area and commercIal office/warehouse use wIth expected
hIgh demand for parkmg coupled \vnh the locatIon of the Property m relatIOn to the total
Quantum Park PID creates a unique hardshIp that JustIfies the grantmg of a vanance
C That Grantzng The Varzance Requested Will Not Confer On The Applicant
Any Speczal PnvIlege That Is Denzed By ThIS SectlOn To Other Lands
Structures Or Blllldzngs In The Same Zonzng Dzstnct.
The grantmg of the vanance requestmg a reductIOn m the penpheral greenbelt
WIll not confer upon PetItIOner any speCial pnvIlege denied by the LDC PetItIOner IS
seekmg to mcrease the number of parkmg spaces on the Property to accommodate the
expended demand created by the commercIal office!\varehouse use It was suggested by
LUSIa Gala\ of the Planmng and Zonmg DIVISIOn of the Clty of Boynton Beach that the
additIOnal parkmg be placed between the two (2) bUIldmgs on the Property How'e\ er,
the Clt\ s Engmeenng DIVISIOn, m dIscussmg the parkmg plan WIth the PetItIOner
objected to the placement of parkmg bet\\ een BuIldmg "A" and BUIldmg "B" on the
Property The only remammg avaIlable locatIOn for parkmg on the Property was along
the \\.estern property lme wIthm the penpheral greenbelt. The placement of addItIOnal
parkmg IS not a speCIal pnvIlege demed by the LDC The parameters of the Property, m
conjUnctIOn WIth the reqUIred penpheral greenbelt lImIt the aVailable open space for
parkmg, Such a lImItatIOn results m the need for a vanance to the penpheral greenbelt
reqUIrements to allow for the addItIOnal parkmg to be placed along the western portIOn of
the Property
fTL 1054115 1
EXHIBIT "e"
1. al'/allCC JusllficatlOll Statement
In rc Lot 3 Quan11l/ll Park at Boyntoll Beach PID Plat No l
JUlle /9 2003
Page 6 of 10
D That Lzteral InterpretatIOns Of The ProvzslOns Of The Ordznance Would
Deprzve The 4pplzcant Of Rzghts Commonlv Enjo\-ed By Other Propertzes
In The Same ZOl1lng Dzsmct Under The Terms Of The Ordznance And
FVould Work Unnecessary' And Undue Hardshzp On The Applzcant
The hteral mterpretatIOn of the LDC would depnve the PetItIOner of nghts
commonly enjoyed by other PropertIes wIthm the PID The PetItIoner attempted to
pronde addItIonal parkmg at the Property bv \\ ay of placmg parkmg between BUlldmgs
A and B" However the CIty's Engmeenng DIVIsIOn objected to the placement of the
parkmg m that locatIOn. In order to accommodate the expected mcreased demand for
parkmg. the Petltloner IS seekmg a vanance to allow for the placement of parkmg WIthm
the penpheral greenbelt along the western boundary of the Property The mcrease m
parkmg sen es to accommodate the expected demand of parkmg for the commercIal
office!\\ arehouse use on the Propert: The Property's SIze, combmed WIth the addItIonal
buffer reqUIrements along the western and northern boundanes, lImIt the aVaIlable space
on the Property for addItIOnal parkmg. The combmatIOn of mcreased buffer yards and
the objectIon to the placement of parkmg between BUIldmg "A and BUIldmg "B" has
resulted m an unnecessary and undue hardshIp on the PetItIOner
E That The Varzance Granted Is The lvfznimum Varzance That Wzll Make
Possible Reasonable Use Of The Land, Smlcture Or Buzldzng
The reductIOn of the twenty-five (25) foot penpheral greenbelt along the western
boundarv of the Property In order to accommodate additIOnal parkmg IS the mInImUm
\ anance that will make reasonable use of the land Lot 3 of the Quantum Park at
Bovnton Beach PID, Plat PJo 1, IS located on the western edge of the ProJect. The
Propertv IS bounded on the west bv the Regal BO:llton 8 Cmemas and on the north by
FTL 05-11 I ~ i
EXHIBIT "e"
i ariallce JustificatIOn Statement
In re Lot 3 QuantulIl Park at BanllOn Beach PJD Plat No 1
June 19 2003
Page/arlO
Lake Worth Dramage Dlstnct L-21 Canal and the Dos Lagos reSldentlal subdIvIsIOn.
Due to Its locatIOn on the western bounds of the Project, the penpheral greenbelt for the
Quantum Park PID IS located on the Property's western and northern boundanes ThIS
penpheral greenbelt has resulted m addItIOnal buffer yard reqUIrements on the Property
that most of the propertIes WIthm the PID are not burdened by The PetItIOner seeks to
provIde addItIOnal parkmg to that mandated by the LDC The addItIOnal parkmg IS ..
reqUIred to satIsfy and accommodate the expected mcreased demand due to the Property's
development as a commercIal office/warehouse <\ The PetItIOner mltIally upon gUIdance
from the CIty'S Planmng and Zomng DIVIsIOn, mtended to place the additIOnal parkmg
between BUlldmg "A" and BUlldmg "B" on the Property HO\'iever, the PetItIoner's
dIScussIon of the proposed addItIOnal parkmg \vlth the CIty'S Engmeenng DIVIsIOn
resulted m their ObjectIOn to saId locatIOn. Parkmg IS currently proposed along the
penmeter of the Property except for the western portIOn. Parkmg along portIOn IS
adj acent to the forty (40) foot penpheral greenbelt reqUIred to buffer the use from
reSidential property The onlv available locatIOn \vlthm the Property for addItIOnal
parkmg was along the western boundary In order for the addItIOnal parkmg to be placed
on the Property, a vanance IS reqUIred to allow the penpheral greenbelt to be reduced to
accommodate the parkmg spaces
The PetItIOner mtends to prOVIde sufficIent
landscapmg along the remammg portIOn of the penpheral greenbelt to suffiCIently screen
the Property from the adjacent use The reductIOn of the penpheral greenbelt along the
western boundary IS the mllllmum vanance that WIll make possible the reasonable use of
the Property due to the abuttmg parkmg area for the Regal Boynton 8 Cmemas to the
FTL 1054115 1
I
Variance Justificarion Starement
In re Lot 3 QuantulII Park at Boynton Beach PID Plat No I
June 19 2003
Page 8 of 10
EX
'"ll~ C"
Lri J
west of the Property The parkmg area for the two propertIes WIll be abuttmg, reducIng
any negatIve Impacts to the publIc welfare
F That The Grant Of The Varzance WIll Be In Harmony With The General
Intent And Pwpose Of TillS Chapter And That Such Varzance WIll Not Be
h1]ltrzolts To The Area Involved Or Be OtherwIse Detrzmental To The
PublIc Welfare
Allowmg the PetJtIOner to reduce the vlldth of the penpheral greenbelt on the
western property lIne wIll be In harmony wIth the general mtent and purpose of thIS
Chapter and such" anance wIll not be InJunous to the area mvolved. The Property abuts
the Regal Boynton 8 CInemas on the west The parkmg area of the cmemas dIrectly
abuts the Property on the \\ est PetItIOner Intends to supply sufficIent landscape buffenng
WIthm the remaInmg penpheraI greenbelt to adequately buffer the addItIOnal parkIng to
be prOVIded on the Property from the CInema parkmg. Because the propertIes' parkmg
areas WIll abut each other after the grantmg of the vanance, the effect of the vanance wIll
not be mJunous to the area Involved or otherwIse be detnmental to the publIc welfare
The addItIOnal parkmg proVIded wIll not affect the reSIdentIal propertIes to the north, nor
WIll the addItIOnal parkmg prOVided have a negatIve Impact on the adjacent commercIal
uses that fall outSIde the boundanes of the Quantum Park PID
III. CONCLUSION
PetItIOner's request for a vanance from the penpheral greenbelt of the Quantum
Park at Boynton Beach PID, IS necessItated by the expected mcreased demand for
parkmg on the Property The Property IS on the western edge of the PID and the
penpheral greenbelt for the PID IS located along two (2) of Its boundanes The mcreased
setback reqUIrements, coupled WIth the expected mcreased demand for parkmg on a
FTL.l054115 J
EXHIBIT "e"
Variance Justification Staten/ent
In re Lot 3 Quantum Park at BO....111011 Beach PID Plat No I
June 19 2003
Page 9 of 10
commercIal office/warehouse sIte, create a cOndItIOn that necessItates the grantmg of a
vanance to allow for the reduction of the western penpheral greenbelt to accommodate
addItIonal parkmg PetItIOner's request meets the condItIOns enumerated by the LDC
The condItIOns and CIrcumstances necessItatmg the vanance are peculIar to the Property,
the specIal condItIOns are not the result of actIOns on the part of the PetItIOner, the
grantmg of the vanance will not confer any specIal pnvllege that IS demed to other
property owners, the lIteral mterpretatIOn of the LDC wIll depnve the Petl110ner of nghts
commonly enjoyed by other owners, the vanance granted IS the mmlmum vanance that
will make possible the reasonable use of the Property, and the grant of the vanance will
be m harmony with the general mtent and purpose of the LDC and that such a vanance IS
not mJunous to the area mvolved or detnmental to the publIc welfare
IV CERTIFICATION
We understand that thIS petItIOn and all papers and plans submItted hereWIth
become a part of the permanent records of the Plannmg and Zonmg DIVISIOn. We hereby
certIfy that the above statements and any statements or showmgs m any papers or plans
submItted herewIth are true to the best of our knowledge and belIef. ThIS petl110n wIll
not be accepted unless SIgned accordmg to the mstructIOns below
RESPECTFULL Y SUBMITTED,
BOCAR PROPERTIES, INC
Date
(,//7/0 .2
( t
~-n/?~
Robert Burrow, Authonzed PnncIpal
FTL. 1 054115 1
EXHIBIT IIC"
Variance Justificatioll State,,,.:nt
l/l re Lot 3 Qua/ltul/l Park at Bov/ltoll Beach P1D Plat 1'110 I
June 19 2003
Page 10 of 10
V AUTHORIZATIOl'. OF AGENT
RUDEN MCCLOSKY SMITH
SCHUSTER & RUSSELL, P A.
~ /
/2-v:J ~---;
Slina me of Authonzed Agent
&, 10 ClJ
Date
We hereby deslgnate the above-referenced firm as our authonzed agent m regard to thlS
petltlon.
BOCAR PROPERTIES, INC
~'i/ ~
~/; 5'/03
Date p
Slgnature of Authonzed Pnnclpal
FTL. 1 05411 5 1
EXHIBIT "D"
CondItIOns of Approval
Project name' Quantum Park Lot 3
File number ZNCV 03-008
Reference
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments. None X
PUBLIC WORKS- Traffic
Comments. None X
UTILITIES
Comments. None X
FIRE
Comments None X
I
POLICE
Comments. None X
ENGINEERING DIVISION
Comments. None X
BUILDING DIVISION
Comments. None X
P ARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING !
,
Comments. None X
,
CondItions of Approval
2
DEP ARTl\-IENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
To be determmed.
S'\PlanningISharedIWpIProjecls\Quantum Lot 3\ZNCV 03-008ICOA.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
THRU
Michael Rumpf
Director of Planning & Zoning
FROM
Eric Lee Johnson, AICP
Planner
DATE
July 7, 2003
Quantum Park DRI / (USAP 03-003)
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 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 "D"-
Quantum Park DRI Use List Revision Request)
The approval of a list of permitted uses is required for <:;11 Planned Industrial Developments The o:-iginal
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 inherently 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 illatter n such concentration as to cause damage to property, v'e~etation,
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-l 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-l
zoning district would intensify and be in contrast to the characteristics and performance of the M-l 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-l 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-l 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-l 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 "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 Deleo 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
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 CODY 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.
I Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19, 2003
[glSe tember 2 2003
DSe tember 16, 2003
DOctober 7, 2003
DOctober 21, 2003
DNovember 5, 2003
DNovember 18, 2003
Departments are responsible for securing the following
si natures on attached A enda Re uest Form
De artment Head 0
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 . [gl
All exhibits are attached & marked e , Exhibit "A' i [gl
r\~~~
Department Head's initials
Quantum Park Lot 3 (ZNCV 03-008)
Please do not write in the shaded area below
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ITEM RETURNED FOR THE FOLLOWING REASON(S)
Signature(s) missing D
Incomplete submittal 0
Missed deadline 0
Other 0
Reason
City Manager's signature
o
on
(Date)
Person contacted to pick up rejected request
by
bg 7/19/02
S \Planning\Planning Te'Tlplates\Agenda Item Cover CHECKLIST Aug 5-Nov 18, 2003.doc