CORRESPONDENCE
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
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www.boynton-beach.org
October 17, 2003
Mr Michael A. Rodnguez
Ruden, McClosky, SmIth, Schuster & Russell, P .A.
200 East Broward Boulevard
Fort Lauderdale, Flonda 33301
Re: Quantum Park Lot 3 - Parking Lot Addition, Landscape Changes
MMSP 03-095
Dear Mr Rodnguez.
In response to your request for the admImstratIve reVIew and approval ofthe modIficatIons proposed
to the above-referenced, approved sIte plan, please be mformed that the parkmg lot Improvements
and landscapmg changes proposed on the reVIsed plans date stamped 09/29/03 are "mmor", as
defined wIthm the Land Development RegulatIOns, Chapter 4- SIte Plan ReVIew
ThIS project may contmue to be processed by the BUIldmg DIVISIon as a permIt applIcatIon. Be
adVIsed that the proposed changes may reqUIre a modIficatIon to the bUIldmg permIt. Please contact
me at (561) 742-6260 If you have addItIonal questIons.
Smcerely, '1f2
~ru-t ~ )
Enc Lee Johnson, CP
Planner
Cc Jom Bnnkman, AICP, Winston Lee & AssocIates, Inc.
Ed Breese, PnncIpal Planner
Karen Mam, Plan ReVIew Analyst
S.IPlanningISHAREDlWP\PROJECTSIQuan.urn Lo' 31MMSP 03-095 Extra ParkinglApproval Let.....dOI
. ~inston
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~ SSOclates, lnC.
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October 2, 2003
City of Boynton Beach Buildmg Dept.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Attn. Kevm Hallahan
RE Minor Changes to Previously Permitted Landscape Plans
Lot 3 - Quantum Park DR!
Dear Kevm.
I would like to take thIs opportumty to clanfy the SIZe of the Ilex cassme (Dahoon Holly) trees, we
are proposing to replace the 25 sabal palms on tills project, as preVIously outlmed m our September
11, 2003 letter to you. The specIficatIons as shown on the approved plantmg plans for the project for
the Hollies are 8-10'x6', 2.5" cal., smgle straight trunk:, full.
In addItIon, I am aware that you have met With the contractor on SIte and have agreed to allow the
replacement of the Schefllera trees With Double Alexander Palms, 12' o.a. We have no objectIon to
tills alternatIve.
Please call With any questIons.
Smcerely,
~UP
Winston Lee, ASLA, AICP
cc Bob Burrow
OCT
3 ''1n'1'
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I" ,2 Old UJ...cc,-hubcc Rl1<lli SuIte I Oh \\e~t Palm Beach. FL 33409-5270
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SCHAFFER CORP., INP
4100 RCA Blvd. Suite 11~
PALM BEACH GARDENS, FLORIDA 33410
[1~UJ~l @L5' UG~[~~[JmCuLEi[1
(561) 626-8200
FAX (561) 626-8978
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> WE ARE SENDING YOU ~Ched
c:: Shop drawings [=
Prints
:J Plans
=: Samples
the following items
=: Specifications
::::J Under separate cover via
c:: Copy of letter
c:: Change order
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COPIES
DESCRIPTION
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THESE ARE TRANSMITTED as checked below.
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c:: For approval
~ur use
~ requested
L~ Approved as submitted
L Resubmit
copies for approval
Approved as noted
c:: Submit
copies for distribution
Returned for corrections
L Return
corrected prints
L For review and comment
c:: FOR BIDS DUE
~ PRINTS RETURNED AFTER LOAN TO US
REMARKS
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If enclosures are not as noted, kindly notify us
COPYTO-'~ TI'2 ~ f' 61:3"
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September 11, 2003
CIty of Boynton Beach Buildmg Dept.
100 E Boynton Beach Blvd.
Boynton Beach, FL 33425
Attn: Kevm Hallahan
RE Minor Changes to Previously Permitted Landscape Plans
Lot 3 - Quantum Park DR!
Dear Kevm.
I understand from conversatIons WIth the owner's buildmg supermtendent, that you were contacted
regardmg the 25 sabal palms depIcted on the landscape plan to be installed along the western property
lme. The developer recently obtamed a vanance to reduce the buffer Width m tills area and will be
applymg shortly for a mmor modIficatIon to the approved SIte plan to place additIonal parking in thIs
area. As such, the plant matenaI needs to be shrfted further towards the west to accommodate the
parkmg spaces and requIred dnve aISle Width.
ThIs shift has caused the sabal palms to be closer to the FPL lines m thIs area As you have indIcated
that there are concerns as to future mterference WIth the lines, we are proposmg to replace these
twenty-five (25) palms With Hex cassme, Dahoon Holly trees, 12'x6', 3" cal., 4' c.t., smgle straIght
trunk, full, as currently shown m the plant schedule for the project. ThIs letter IS to attest to my
opmlOn that this IS an acceptable alternatIve to the sabal palms, due to the concerns over the power
lines.
CP
cc Bob Burrow
I "'2 Old O].,c~Lhobcc Rl'aJ. SuIte IOf, \\cst Palm Beach. FL '13409-'i2'"'0
Tel "(,I (]).Cj-.:t(,~() F"x "61-(-.~q ""59 1:-. mall \\Instom\la ii ani ,-om
To
From
Subject:
Date
Plannine Memorandum. Forester / Environmentalist
Enc Johnson, Planner
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Kevm J Hallahan, Forester / EnVIronmentalIst
Quantum Park Lot #3
Mmor SIte Plan ModIficatIOn-RevlSlon #4
MMSP 03-095
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October 16, 2003
Landscape Chanees to Site.
I have revIewed and would approve the proposed landscape changes ItemIzed m the submIttal
letter and noted on sheets SP 1-SP 4
Kjh
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Sheet PP4 of 4 Plant List
Dahoon Hollv trees 8' -10 heIght change to 12' -14' heIght
The applIcant states that the CIty approved the project landscape plan pnor to the change
m the City Landscape Code reqUInng the mImmum SIze tree to be 12'-14' m heIght. A
pnor mmor modIficatIOn letter from the applIcant was sent to our Plannmg office
declanng that the Dahoon Holly trees would be 12'-14' m heIght. The applIcant suggests
that thIS letter was m error and the applIcant would like to keep the trees at the 8' -10 '
heIght. The applIcant WIll be sendmg the Plannmg DIVISIOn a letter explammg the error
and makmg a formal request to keep the Dahoon Holly trees at the 8'-10" heIght.
10/16/~003 10 25
5616895!"s9
WINS"ON L::E A3S0_
I: ~(inston
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,. 1. .ssoclates, Inc.
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I.an:! ::llanning
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FACSIMILE MEMIJJRANlllJM
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Date:
October16,2003
I~rom:
Joni Brinkman /'
Eric Johnson
cc: Kevin Hallahan
Bob Burrow
To:
:Subjeot:
Quantum Park - Lc:.t 3
Our File No_980i0
No. of Pages: 4
1532 Old Okeechobee F.oacl, Sl.1tte lC6. West P:o.mBe.'lct., Yl 3:4:)9 5rl)
561-'589-46"'0 . -flax 561-6~ ~-555C)
.to
10/i6/~003 10 25
56168951;69
WINSOOON L::E A3S0_
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J\SSOclates, InC.
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Lan:1 Ha lning
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October 16, 2003
Me Eric Lee Johnson, AICP
City of Boynton Beach Building Depl:
tOO E. Boynton Beach Blvd.
Boynton Beach, FL 33425
RE. MiDor Chaaces to Pnwiou1y PeJ'mitted Lalllm;ape Plaus
Lot 3 - Quantum Park DRl
Cear Eric:
Pursuant to a telephone conversation with J:~ !faiL.... yesterday dkr.lC on, I W01J.k. .ike 11) lh
this opportunity to cJari1Y the sizes 0./1 the r1ahoon Holly rees we ha.re 31m;tib [too ~)f t Ole 2.7 f h
p:ilins.
Prior to, and unrelated to, the proposed minor modificluion to tl<<: sit~ phu you ar cu:r' It
C)nsidering for this project, there bad heen Oi}Ordination be I weer tlis offi!~, 100 ] Mdsc8f ( con :r: I "
alld Kevin Hallahan regarding acceptable sl.Ibstir.utions orl some plBrt mllte nl H as (,epi ted I)J I)
originally approved site plan. In m;: letter dated September 1L 2C03 10 KeiID HallE han, it i;
proposed to substitute the Dahoon Holly trE:~ fur the s:Uxllpahns and thiE V'a;j lcceptab " to K ~j
However, in drafting the letterthespe:cificat~onfurtheDabI)ons Jisted thet'flir \\'fsnot Xl! istent i Ii I
the approved plans. When this C8.IIK: to ou:r attention, a reviSEd Jetter, dlt1:d Oct:ob::r. 20t 13 fi, ;
drafted and forwarded to Kevin.. Th:: specificaoon list~d :herem ;i>r 1:ht J Ie llie ; \veN ~ J O'x',
cal., single straight trunk, full. The p:Jant mliterials haVE: si /lee lx,en imtaJc d ar i iospE:ct f :1 by K -j
1'bis spa.'ification is consistent with the specificatiOJ1Sa~ li.lted en 1:bf~ ~il2n:it g pl!IDSJ:re~ Hred'b- J ,
()ffice and approved by the City Con:.rnissiol1 on July 6, 1(199 ~,uhsequen1 tl) 1b~it appr( U, t-e Ui-
cfBoyntonBeachadopted Ordinanc:: 00-5 on Octolx=ri), 2000, whicbiJlCenH~ thc~ Dl uimlln .[\
SIZeS to 12' o.a However, the adOptli)D of!:his ordinalJ.ce :1ad n:> ldfix:t (II: 0 lU' J 1antirg ~ laos :1S Ill,
bad been approved prior to tlns ordmance taldng.effec:t. Theref:;)ft~" ~'e proP)8e that .le 6 1 ;.
specification is 'vested'
_.-------_-.-._""~
1532 Old Okeechobf'~ Road. Suite 106, \\~st Palm 3enct, FL 3340$- 270
Tel. 561-689-4670 · Fax. 5 Jl-689-S559 · -mail winst()nvrh@ad om
10/l6/~003 10 25
5616895!,,69
WINS-ON L::E A3S0
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Mr. Eric Lee Johnson, Alep
October 16, 2003
Page 2
~.ease be aware that the aforementioned Jett,erg to ~ EalIahtm were Je;~ enring Sl;~t 1:utkn: Ii:
plant material instaUation associated wIth the ori2inallY BpJ7;.uved site plarl. A request m~ ther, n l j
tr, the City that we incotpOrate theBe chatrges into the plans for tbe rnm)r modifC2t !)n fO! :t
addition of the parking lot. We have [10 obje'Jtion to doing :0 and have ccDlp'ied Howe\' ~Jf. a; t 1, ~
c1laDges were associated with the tint site plan. which t. at this point :;tia .th~ apJlrc ,~d I,la
nlCOrd. the sizes as shown on those plans slDllld be veme.l.
I hope this addresses any concerns yvu mal have regardiIig thif: iEsue mid t lat the appn.val :(); II:
minor modification to the site plan for the 81ldition of the l>arking 10" oa:l n<'W ll0 spJ1rc' 1~. PI ,u
fi:el.free to call to discuss if you have, any additional cone ms.
Sincerely,
/,...~) . /2...11. J__
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(~/ ]'lm Brinkman, AICP
hoject Planner
cc: Kevin Hallahan
Bob Burrow
10/l6/~003 10 25
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5616895559
WINS"ON L=:E A3S0
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DJi,P ARTMENT OF DEVJEL 0 -'MEr~ T
Division of Pl.anning and lOlung
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fuly 21, 1999
Winston Lee
1532 Old Okeechobee Rd., #106
West Palm Beach, FL 33409
Re.
File No
Locatlon.
Quantum Park - Lot 3
NWSP 99~008
Quantwn Lakes Drb~ (Qt.antum Park PiD, LI)t 3)
Dear Mr Lee:
Enclosed IS the City of Boynton Be.ach D~velopment C -der for new ~ite Jla.n granted 'm Jill f,
1999
To finalize the new site plan for Quantum Park - Lot 3 please f>UbmIt L. ~ets ~If rectlli!d p,~.r t I
this project. incorporating all cond jons on which it Wf,S approvei, a,cng w Ih an"? (l" ltsta (d .1'
documents stated lD same. Once the rectified plans are signed by all TR:: rr'~mbHs, this :>[ e 1
may proceed to the permit applicatlon stage.
Should you have any questions refarding thIS matter, r ease feel fi:ee t) con ~act tillS Iffit-:: f
(561)742-6260
Sincerely,
7JP-
Michael W Rwnpf
Director of Planning & Zonmg
MWR:jma
l:\SHJU)ATA\l'IIl1ll~\WP\Pll.OJECTS\QlJANruM\Q" Al'mJM f o.AAJ.,or l\l)~ 'r4tflAtt<r.OO<:
A m.ericQ S Gate1f11Q' to (h~ GK1f~t1't.ant
100 EaSt BbyntOlJ Bc.c:b Jllvd.. P.O. Box 310 BQyolOJI D~ach, Flori<la 33425~J10 .'bonf; (~6;") 7~-b:160 FA (56:) '5,f,Z5~
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Winston
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October 16, 2003
Mr Enc Lee Johnson, AICP
CIty of Boynton Beach Buildmg Dept.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
RE Minor Changes to Previously Permitted Landscape Plans
Lot 3 - Quantum Park DR!
Dear Enc
Pursuant to a telephone conversatIon WIth Kevm Hallahan yesterday afternoon, I would like to take
thIs opportumty to clarIfy the SIZeS on the Dahoon Holly trees we have substituted for the 25 sabal
palms.
Pnor to, and unrelated to, the proposed mmor modIficatIon to the SIte plan you are currently
consIdenng for thIs project, there had been coordinatIon between thIs office, the landscape contractor
and Kevm Hallahan regardmg acceptable substItutIons on some plant matenals as depIcted on the
ongmally approved SIte plan. In the letter dated September 11, 2003 to Kevin Hallahan, It was
proposed to substItute the Dahoon Holly trees for the sabal palms and this was acceptable to Kevin.
However, m draftmg the letter the specIficatIon for the Dahoons listed therem was not consIStent With
the approved plans. When tills came to our attentIon, a reVISed letter, dated October 2, 2003 was
drafted and forwarded to Kevm. The specIficatIon listed therem for the Hollies were 8-10'x6', 2.5"
cal., smgle straight trunk:, full. The plant matenals have smce been Installed and Inspected by Kevm.
ThIs specIfication IS consIstent With the specIficatIons as lIsted on the plantmg plans prepared by thIs
office and approved by the CIty COmmISSIOn on July 6, 1999 Subsequent to that approval, the City
of Boynton Beach adopted Ordmance 00-51 on October 4,2000, which mcreased the mimmum tree
SIZeS to 12' o.a. However, the adoption of thIs ordmance had no affect on our plantmg plans as they
had been approved pnor to tills ordmance takmg effect. Therefore, we propose that the 8-10'x6'
specIficatIon IS 'vested'
1"'2 Old Oh.ecchobec RoaQ SUite lOll \\est Palm Beaeh. FL. '3409 ')270
Tel "'(' 1 hXlJ--+o -Ii F,i"\ "h I-I)~<)-""':;<) E mall \\!I1stom\ la a aoi com
Mr Enc Lee Joh1Ison, AICP
October 16, 2003
Page 2
Please be aware that the aforementIoned letters to Kevm Hallahan were referencmg sUbstItUtIOns for
plant matenal mstallatIon assocIated wIth the ongmallv approved sIte plan. A request was then made
by the City that we mcorporate these changes mto the plans for the mmor modIficatIon for the
additIon ofthe parkmg lot. We have no objectIon to domg so and have complied. However, as these
changes were assocIated With the first SIte plan, willch IS at tills pomt, still the approved plan of
record, the SIZes as shown on those plans should be vested.
I hope this addresses any concerns you may have regarding thIs ISsue and that the approval for the
mmor modIficatIon to the SIte plan for the addItIon ofthe parkmg lot can now be approved. Please
feel free to call to dISCUSS If you have any additIonal concerns.
Sincerely,
(J~~
0~ru Bnnkman, AICP
Project Planner
cc Kevm Hallahan
Bob Burrow
f
,,-----,
DEPARTMENT OF DEVELOPMENT
DIVISIon of PlannIng and ZOIung
Buildillg
Pia lining & Zoning
E~l1giJleerj/1g
Occupatiollal License
COl11llUlIlitl' Redevelopmellt
July 21, 1999
Wmston Lee
1532 Old Okeechobee Rd , #106
West Palm Beach, FL 33409
Re
File No
LocatIOn.
Quantum Park - Lot 3
NWSP 99-008
Quantum Lakes Dnve (Quantum Park PID, Lot 3)
Dear Mr Lee
Enclosed IS the CIty of Boynton Beach De\- elopment Order for new SIte plan granted on July 6
1999
To finalIze the new SIte plan for Quantum Park. - Lot 3 please submIt 4 sets of rectified plans for
thIS project, mcorporatmg all condItions on whIch It was approved, along With any outstandll1g
documents stated m same Once the rectified plans are sIgned by all TRC members, thIS project
may proceed to the permIt applrcatIOn stage
Should you have any questIOns regardll1g thIS matter, please feel free to contact thiS office at
(561)742-6260
Smcerely,
-l~(?
MIchael W Rumpf
DIrector of PlannIng & Zonll1g
MW"'R.jma
J \SHRDA T A IPlanning\SHAREDW,rPIPROJECTSIQLA. "iTVJ\f\Qt:AKTUM PARK LOT j\De\'elopment Order Lenerdoc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., po. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX. (561) 375-6259
~I Ruden
~I McClosky
200 EAST BROWARD BOULEvARD
FORT L,AUDERDALE, FLORID.A 33301
POST OFFICE BOX 1900
FORT LAUDERD.ALE, FLORIDA 33302
ill ~(nP1~m
5EP 2 9 tm3 L:J
PLANNING AND
ZONING DEfT
954.52' 2438
F,AX 954 33,.4038
MICHAEL RODRIGUEZ@RLDEN COM
September 29,2003
MIchael Rumpf, DIrector
CIty of Boynton Beach
Plannmg and Zomng DIVISIOn
100 East Boynton Beach Boulevard
Boynton Beach, FlOrIda 33435
Re. Lot 3 Quantum Park P.I.D
Minor Site Plan Modification for Additional Parking
Dear Mr Rumpf
Bocar PropertIes, Inc ("ApplIcant") requested relIef from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zomng, SectIOn 7.H.17, requIrlng a twenty-five (25')
foot WIde penpheral greenbelt when abuttmg a reSIdential dIstnct, to allow a seven (7') foot WIde
penpheral greenbelt, and a varIance of eIghteen (18') feet for the placement of addItional parkmg
to servIce commerCIal office/warehouse uses wIthm Lot 3, Quantum Park P.I.D On August 26,
2003, the Boynton Beach Planmng and Development Board granted the above referenced relIef.
On September 2 2003 the Boynton Beach CIty CommISSIOn ratIfied the Planmng and
Development Board actIOn A copy of the Development Order and Letter approvmg the vanance
IS attached hereto and made part hereof as ExhibIt "A"
ApplIcant submits thIS request for mmor SIte plan modIficatIOn, pursuant to Section
49.A, Land Development RegulatIOns ApplIcant requests the addItIOn of tv"enty-three (23)
parkmg spaces. The parkmg spaces shall measure eIghteen (18') feet m length by mne (9') feet In
WIdth and be located along the western boundary of the lot. The western entry drIveway onto
Lot 3 WIll not be affected by the additIOnal parkmg spaces, and therefore WIll not reqUIre further
modIficatIOn. The addItIOnal spaces are proVIded to satIsfy the expected mcreased demand for
parkIng by the uses on the sIte An example of the portIOn of the SIte plan that IS to be changed
m ItS present condItion IS attached hereto and made part hereof as ExhibIt "B" An modIfied sIte
plan deplctmg the above requested changes IS attached hereto and made part hereof as ExhibIt
"e"
The mInor modIfIcatIOn does not mcrease the bUIldable square footage of the
development by more than five (5%) percent. The modrficatlOn does not reduce the proVIded
number of parkIng spaces below the reqUired number of parkIng spaces The modIficatIOn does
FTL. 1 098248 1
RUDE'l McCLOSKY SMITH SCHUSTER & RUSSELL, P.A.
C\RACAS. FT LAUDERDALE. ."-1 .\:\<\1. "'IDLE'. PORT q LUCIE . SARASOTA. ST PETERSBURG. TALLAHASSEE. TA,vlPA .WEST P.\LM Bf ACH
Michael Rumpf Director
Bm.-nton Beach Planning & Zoning Division
September 29 2003
Page 2
not cause the development to be below the development standards for the zonmg dIstnct m
whIch It IS located or other applIcable standards of the Land Development Regulations The
modIficatIOn does not have an adverse effect on property, however the modIficatIOn does reduce
reqUIred phYSIcal buffers pursuant to the vanance granted. The modIfication does not modIfy
the concurrency reqUIrements of the preVIOusly approved SIte plan. The modIficatIOn does alter
the SIte layout by addmg twenty-three (23) parkmg spaces on the western boundary of the
Property
If you have further questions, please do not heSItate to contact me
Very truly yours,
RUDEN MCCLOSKY
~~
Michael A. Rodriguez
Enclosures
cc Robert Burrow, Bocar PropertIes, Inc
FTL.1098248.1
RLDEN t'v1cCLOSKY SMITH, SCHUSTER & RUSSELL, P.A
CARACAS. FT LAUDERD.".LE. .'"IIAMI. \.APLES. PORT ST LUCIE. 'iARASOT".. ST PETERSBURG. TALLAHASSEE. TA,\-IP\. WE<:.T P'\L \.1 BE -\CH
~
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
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www.boynton-beach.org
September 12, 2003
Messrs. Michael Rodriguez and Ruden McClosky
200 East Brcward Boulevard, Suite 1500
Fort Lauderdale, FL 33301
Re:
For'
File No.
Location
Zoning Code Variance
Quantum Park Lot 3
ZNCV 03-008
Lot 3 Quantum Park P.LD
Dear Messrs. Rodriguez and McClosky'
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 03-008, which
represents approval of the Zoning Code variance. This request is for the 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. The City
commission approved this variance on September 2, 2003
Please include a copy of this letter and Development Order when you submit Quantum Park
Lot 3 for permitting at the Building Department.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-
6260
Sincerely,
J-vC
Michael W Rumpf
Director of Planning & Zoning
MWR.ad
Attachment: Development Order
Conditions of Approval
G.\Quantum Park Lot 3 ZNCV 03-008 Approval form letter after CC new-Zoning(ZNCV).doc
E)(HIBIT A"
DEVELOPMENT ORDER Of'THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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PROJECT NAME Quantum Park Lot 3
APPLICANT'S AGENT Michael Rodriguez - Ruden McClosky
APPLICANT'S ADDRESS 200 E. Broward Blvd Suite 1500, Fort Lauderdale, FL 33301
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION September 2,2003
TYPE OF RELIEF SOUGHT 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 0 zoning district.
LOCATION OF PROPERTY Lot 3 Quantum Park P I 0
DRAWING(S}: SEE EXHIBIT"B" ATTACHED HERETO
-----..;
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
.x. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "'ncluded"
4 The Applicant's application for relief is hereby
j{ GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5
6
7 Other
DATED'
J:ISHROA TAlPtanninglSHAREOIWPlFORMS\8IankS fCllmS folder\Oevelop.Oltler F
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Location Map
Quantum Park Lot 3
EXHIBIT "A"
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QUANTUM PARK AT BOYNTON BEACH. P./.D. PLAT No.1
BOYNTON BEACH. P-fLM BEACH COUNTY FLOlllDA
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EXHISlr "e"
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
VARIANCE JUSTIFICATION STATElVlENT
IN RE LOT 3, QU4.NTUll-'/ PARK A.T BOYNTON BEACH P.I.D, PLAT ONE
I. BACKGROUND
Bocar PropertIes, lnc ("PetitiOner") seeks a vanance pursuant to Chapter I 5
SectIon 4 1 of the land Development Code of Boynton Beach ("LDC") from SectiOn
7.H.17 of the Land Development Code to allow for the reduction of the "Penpheral
Greenbelt" on the western property Ime of the property from twenty-five (25') feet to
seven (7') feet In order to accommodate addItIOnal parkmg. PetItIoner's property IS
located wIthm the Quantum Park Planned Industnal DIstnct and IS legally descnbed as
("Property")
Lot 3, QUA1'HUM PARK AT BOY}HON BEACH P LD, PLAT NO 1,
accordmg to the plat thereof on file In the Office of the Clerk of the
CIrCUIt Court 10 and for Palm Beach County, flonda recorded 10 Plat
Book 57, Page 182
PetItiOner seeks to constmct addItIOnal parkmg to servIce the thtrty-t\\io (32) umt
commerCIal office/w"arehouse use on the Property The commerCIal use of the Property
has lllcreased the proposed demand for parkmg and Petltloner llltends to supply
addItional parlang spaces to meet said demand. The only VIable locatIon for addmonal
parkmg on the property IS along the western boundary Ime where the "Penpheral
Greenbelt" IS currently located. PetItIOner seeks to place twenty-five (25) park10g spaces
wtthm the western property lllle and seeks a vanance to reduce the WIdth of the
"Penpheral Greenbelt" from twenty-five (25') feet to seven (7') feet.
FTL.I054115.1
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Variance Justification Statement
In re Lot 3 Quantum Park at Boynton Beach PID Plat No. /
June /9 2003
Page 2 of /0
(
EXHIBIT "e"
II. PREREQUISITES FOR VARIANCES
Chapter 1 5, SectIon 4 1 D, LDC provIdes for the PlannIng 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 CIty ordmance as WIll not be contrary to the
publIc Interest when, owmg to speCial conditIons, a lIteral enforcement of
the prOVISIons of the city ordmance would result In unnecessary and undue
hardshI p
The PlannIng and Development Board, In eXerCISIng the above referenced powers
and dutIes shall grant a vanance upon the followmg cntena, enumerated m Chapter 1 5,
SectIon 4 1.D 1, LDC
a. That speCIal COndItIOnS and CIrcumstances eXIst WhIch are peculIar
to the land, structure or bUIldmg mvolved, and WhICh are not applIcable to
other lands, structures or bUIldmgs m the same zonmg dIStrICt.
b That speCIal conditIons and CIrcumstances do not result from the
actIons of the applicant for the vanance.
c That grantmg the vanance requested WIll not confer on the
applIcant any speCIal pnvIlege that IS demed by tlus sectIon to other lands,
structures or bUildIngs In the same zonmg distrIct.
d. That lIteral mterpretatIOns of the provlSlons of the ordmance would
depnve the applIcant of nghts commonly enjoyed by other propertIes in
the same zonmg dIstnct under the terms of the ordmance and would work
unnecessary and undue hardshIp on the apphcant.
e. That the vanance granted IS the mInImum vanance that WIll make
possible reasonable use of the land, structure or bUIldmg.
f. That the grant of the vanance Will be m harmony WIth the general
mtent and purpose of thIS chapter and that such vanance WIll not be
mjunous to the area involved or be otherwIse detrImental to the publIc
welfare.
The Property IS located wIthm the Planned Industnal DIStnCt (PID) Section
7 .H.17, LDC, prOVIdes as fo llows
Penpheral greenbelt. The project area shall be enclosed on all SIdes WIth
the exceptIon of accessways for traffic and freIght by a landscaped area
WIth a mImmum Width of twenty-five (25) feet except when such property
FTl.IQ541151
(
Variallce Justification Stat~ment
III re Lot 3 Qualltum Park at Boymon Beach PID Plat No I
June 19 2003
Page 3 of 10
EXHIBIT "e"
abuts a resIdentIal dIstnct such greenbelt shall have a mImmum wIdth of
forty (40) feet.
The western penpheral greenbelt of the Quantum Park PID runs along the PetItIoner's
\vestern property lme. PetitIoner IS seekmg a vanance to reduce the wIdth of the
penpheral greenbelt to allow for the placement of addItIonal parking m order to
accommodate the expected Increased demand due to the commerCIal use of the Property
The locatIon of property In the western portIon of the Property IS the only feaSIble
locatIOn for additIonal parking. PetitIOner dIscussed the location of parkmg between the
two commerCIal buIldings wIthm the "loading area." However, whIle the Plannmg and
ZOning DIVISIon supported the locatIon of parkmg In that area, the Engmeenng
Department objected to saId locatIon. Allowmg parkmg wIthm the western portIon of the
Property IS the mImmum vanance that would allow the PetitIonerS the reasonable use of
the Property
A. That Special Conditions And Circumstances Exist Which Are Peculiar To
The Land, Structure Or Buildmg Involved, And Which Are Not Applicable
To Other Lands Structures Or Buildings In The Same Zoning District.
The Property IS located on the western boundary of the Quantum Park PID The
Property IS bounded on the west by a commercIal use ("Regal Boynton 8 Cinemas"), on
the south by Quantum Boulevard, on the east by Lake Worth Dramage DIStrICt Canal E-4
Canal, and on the north by Lake Worth Drainage DIsrnct Canal L-21 and the Dos Lagos
reSIdentIal community The western and northern property lmes of the Property form the
western boundary of the Quantum Park PID The Property contams a twenty-five (25)
feet penpheral greenbelt adjacent to the western property lme and a forty (40) feet
penpheral green belt adjacent to the northern property lme The SIte area IS 4 075 acres,
FTl.1 05411 s. 1
I .-..
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Variance Justification Statement
III re. Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 4 of 10
..........
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EXHIBIT tIC"~
and the gross buIldmg area IS proposed to be fortY-SIX thousand SIX hundred SIXty (46,660
sf) square feet of commercIal office/warehouse uses The Property IS one of only three
(3) nodes wIthm the Quantum Park P LD that IS affected by the penpheral greenbelt on
more than one property lIne 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 pecuhar to the Property wIthm the Pill
B That Special Conditions And Circumstances Do Not Result From The
Actions Of The Applicant For The Variance.
The topography and placement of property IS not a self-mflIcted or self-created
hardshIp With the penpheral greenbelt on two (2) sIdes of the Property, It IS subject to
set backs of twenty-five (25') feet and forty (40') feet on two (2) sIdes. These setback
reqUIrements hnut bUIldmg on the Property to a greater degree than other propertIes In
the subdIVISIon that are bounded located wttlun the PID, or WIth only one property lme
subject to the penpheral greenbelt. ThIS added buffenng lImIts the amount of open space
m wluch to prOVIde the addItIonal parkmg that wIll accommodate the expected demand
due to the commercIal use on the Property
The Court m Elwyn v City of Miami, 113 So.2d 849 (Fla.App 1959) stated.
The authontIes seem umform on the proposItIOn that the dIfficultIes or
hardslups rehed on must be umque to the parcel Involved m the
applIcatIon for the vanance. Thev must be peculIar that partIcular
property, and not general m character, SInce dIfficulties or hardslups
shared WIth others In the area go to the .reasonableness of the zonIng
generally, and WIll not support a vanance
The locatIon and area of the bulldmgs coupled wIth the eXIstence of penpheraI
greenbelts on two (2) SIdes of the Property creatmg twenty-five (25') foot buffer on the
western property lme and a forty (40) foot buffer on the northern property lme creates' a
FTL. 1 054 11 5 1
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Variallce Justlficatioll Statement
III re Lot 3 Qualltum Park at Boyntoll Beach prD Plat No
June 19 1003
Page 5 of 10
EXHIB'IT "C"
unique hardshIp The bUIldmg area and commercial office/warehouse use wIth expected
high demand for parkmg coupled with the locatIOn of the Property In relatIon to the total
Quantum Park Pill creates a umque hardship that Justifies the grantmg of a vanance.
C That Granting The Varzance Requested Will Not Confer On The Applicant
Any Special Privilege That Is Denzed Bv Thzs Section To Other Lands
Stntctures Or Buildings In The Same Zoning Dzstrict.
The grantIng of the vanance requestIng a reductIOn In the penpheral greenbelt
WIll not confer upon PetItioner any speCial pnvllege demed by the LDC PetItIOner IS
seekmg to Increase the number of parkIng spaces on the Property to accommodate the
expended demand created by the commercial office/warehouse use. It was suggested by
Lusla Galav of the Planrung and Zonmg DIVISIon of the City of Boynton Beach that the
additional parkmg be placed between the two (2) bUIldmgs on the Property However,
the City's Engmeenng DIVISIon, m dIscussmg the parkmg plan WIth the PetitIOner,
objected to the placement of parlang between BuildIng "A" and BUIldmg "B" on the
Property The only remammg aVailable locatlon for parkmg on the Property was along
the western property Ime WIthm the penpheral greenbelt. The placement of addItIonal
parkIng IS not a speCIal pnvIlege derued by the LDC The parameters of the Property, In
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.I05~115 I
EXHIBIT "e"
Variance Justification Statement
In re Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 6 oJ 10
D That Literal Interpretations Of The Provisions Of The Ordinance Would
Deprzve The Applicant Of Rights Commonlv Enjoved By Other Properties
In The Same Zoning Distrlct Under The Terms Of The Ordinance And
Would Work Unnecessary And Undue Hardship On The Applicant.
The lIteral mterpretatIon of the LDC would depnve the PetItIoner of nghts
commonly enjoyed by other PropertIes wIthm the PID The PetItIOner attempted to
prOVIde addItional parlang at the Property by way of placing parkmg between BUIldmgs
"A and B" However, the CIty'S Engmeenng DIvlSlon objected to the placement of the
parkmg In that locatIon. In order to accommodate the expected Increased demand for
parkmg. the Petltloner IS seekmg a vanance to allow for the placement ofparkmg WIthm
the penpheral greenbelt along the western boundary of the Property The Increase III
parkmg serves to accommodate the expected demand of parkmg for the commercIal
office/warehouse use on the Property 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 Increased buffer yards and
the ObjectIon to the placement of parkmg between BUIldmg "A" and Buddmg "B" has
resulted In an unnecessary and undue hardshIp on the PetItIoner
E That The Variance Granted Is The A1inzmum Varzance That Will -",fake
Possible Reasonable Use Of The Land. Stnlcture Or Buddmg
The reductIon of the twenty-five (25) foot penpheral greenbelt along the western
boundary of the Property m order to accommodate addItIOnal parkmg IS the mInImUm
vanance that WIll make reasonable use of the land. Lot 3 of the Quantum Park at
Boynton Beach PID, Plat No 1, IS located on the western edge of the Project. The
Property IS bounded on the west by the Regal Boynton 8 Cinemas and on the north by
FTl.1 0 5~ I I 5 I
Varia/lce Justification Statement
In reo Lot 3 Qualltuln Park at Boynton Beach PlD Plat No. I
June /9 2003
Page 70(10
EXHIBIT lee"
Lake Worth Dramage DIstnct L-21 Canal and the Dos Lagos reSIdentIal subdIVISIon.
Due to ItS location on the western bounds of the ProJect, the penpheral greenbelt for the
Quantum Park Pill IS located on the Property's western and northern boundanes. ThIS
penpheral greenbelt has resulted In addItional buffer yard reqUIrements on the Property
that most of the propertIes WIthIn the Pill are not burdened by The PetitIoner seeks to
provIde addItIOnal parkmg to that mandated by the LDC The additIonal parkIng IS ..
reqUIred to satisfy and accommodate the expected Increased demand due to the Property's
development as a commerCIal office/warehouse." The PetitIOner InItIally, upon gUIdance
from the City's Planmng and ZOnIng DIvISIon, mtended to place the addItIOnal parkmg
between BuIldIng "A" and BuIldmg liB" on the Property However, the PetItIoner's
dIScuSSIon of the proposed addItIOnal parkIng WIth the CIty'S Engmeenng DIVISIon
resulted In theIr ObjectIon to Said locatIon. Parkmg IS currently proposed along the
penmeter of the Property, except for the western portIon. Parkmg along portion IS
adjacent to the forty (40) foot penpheral greenbelt requIred to buffer the use from
reSIdentIal property The only avaIlable locatIon wIthm 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 remamIng portIorr 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 mImmum vanance that wIll make possible the reasonable use of
the Property due to the abuttmg parkIng area for the Regal Boynton 8 Cmemas to the
FTL.10S4115 1
--~.
I
Variance Justification Statement
In reo Lot 3 Quantum Park at BOYllton Beach PID Plat No I
June 19 2003
Page 8 of 10
~ ....
{
EX' "nr- "c
- r- ; jj i ; "
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 Purpose Of This Chapter And That Such Variance Will Not Be
Injurious To The Area Involved Or Be Otherwise Detrimental To The
Public Welfare
Allowmg the PetItIoner to reduce the WIdth of the penpheral greenbelt on the
western. property lme WIll be In harmony WIth the general Intent and purpose of thIS
Chapter and such vanance WIll not be mJunous to the area Involved. The Property abuts
the Regal Boynton 8 Cmemas on the west. The parkmg area of the Cinemas dIrectly
abuts the Property on the west. Petitioner mtends to supply suffiCIent landscape buffenng
WithIn the remaImng penpheral greenbelt to adequately buffer the addItional parkmg to
be prOVIded on the Property from the cmema parking. Because the propertIes' parkmg
areas WIll abut each other after the grantmg of the vanance, the effect of the vanance WIll
not be mjUrIOUS to the area mvolved or otheIWlse 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 Increased demand for
parking 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 Increased demand for parkmg o~ a
FTL.l054115'1
,--......
"
EXHIBIT \I~
Variallce Justification Staten,ent
In reo Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 9 of 10
commercIal office/warehouse SIte, create a condmon that necessItates the grantmg of a
vanance to allow for the reduction of the western penpheral greenbelt to accommodate
addItional parkIng. 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 pnvIlege that IS demed to other
property owners, the lIteral interpretatIon of the LDC WIll depnve the PetItIoner of nghts
commonly enjoyed by other owners, the vanance granted IS the mmImum vanance that
WIll make possible the reasonable use of the Property, and the grant of the vanance wIll
be In harmony WIth the general Intent and purpose of the LDC and that such a vanance IS
not mJunous to the area Involved or detnmental to the publIc welfare.
IV CERTIFICATION
We understand that thIS petItIon and all papers and plans subnutted hereWIth
become a part of the permanent records of the Planmng and Zonmg DIVISIon. We hereby
certify that the above statements and any statements or showmgs In any papers or plans
submItted hereWIth are true to the best of our knowledge and belIef. ThIs petItIon WIll
not be accepted unless SIgned accordmg to the InstructIons below
RESPECTFULLY SUBMITTED,
BOCAR PROPERTIES, INC
e,//7/o 3
I t
Date
~-;;c</?~
Robert Burrow, Authonzed PnncIpal
FTL. 1 054115.1
-=x.'!'l
(
Varimlce Justification State"umt
fn re Lot J Quantum Park at Boynton Beach PfD Plat No /
June /9 2003
Page /0 of 10
.....~,
EXHIBIT "c"
V AUTHORIZATION OF AGENT
RUDEN MCCLOSKY SMITH
SCHUSTER & RUSSELL, P A.
~ /
~ ')
SIgna e of Authonzed Agent
&, ICJ (/]
Date
We hereby deSIgnate the above-referenced firm as our authonzed agent m regard to thIS
petitIon.
BOCAR PROPERTIES, INC.
~4/~
~/ ;;/a3
Date ~
SIgnature of Authonzed PnncIpal
FTl. 1054115.1
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
UTll..ITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREA nON
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDmONS
Comments:
1 None X
ADDmONAL CITY COMMISSION CONDmONS
Comments: i\.- n J
.AJ .
To be detenmned.
S:\Planning\Shared\Wp\Projects\OuanlUm Lot 3\ZNCV 03-008\COA.doc