AGENDA DOCUMENTS
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
0 April 7 2004 March 15,2004 (Noon.) ~ June 1 2004 May 17 2004 (Noon)
0 April 20, 2004 April 5, 2004 (Noon) 0 June] 5, 2004 May 31 2004 (Noon)
0 May 4, 2004 April ]9 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon)
0 May 18, 2004 May 3, 2004 (Noon) 0 July 20, 2004 July 5, 2004 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 UnfInished Business
RECOMMENDATION Please place this request on the June 1,2004 City Commission Agenda under Consent
Agenda. The Planning and Development Board with a 6 to 0 vote, recommended that the subject request be approved,
subject to the revision to condition #1 to optionally allow the P O.A. to maintain the parking spreadsheet. For further details
pertaining to the request, see attached Department of Development Memorandum No PZ 04-104
EXPLANATION
PROJECT
Quantum Park DR! (USAP 04-002)
Medical Offices
Jom Brinkman, AICP, Winston Lee & Associates, Inc.
Bocar Properties, Inc.
Lot 3, Quantum Park PID
Request for Use Approval to include "Medical Offices" in the list of permitted uses on
Lot 3 of the Quantum Park Pill
AGENT
OWNER.
LOCATION
DESCRIPTION
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Developme
City Manager's Signature
2~~-
Planning' and Zo . . ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quanturn Lot 3\USAP 04-002 Medical Office\Agenda Item Request Quantum Park DRI USAP 04-002 6-l-04.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-104
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
t
DATE
May 11, 2004
PROJECT NAME/NO
Quantum Park DRI / (USAP 04-002)
REQUEST
Use Approval - Medical Offices
PROJECT DESCRIPTION
Property Owner" Bocar Property Incorporated
Agent: Joni Brinkman, AICP I 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 Medical Offices (see Exhibit "Oil - Quantum Park DR! 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,
zoned Planned Industrial Development (PID), and
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 2
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
change to the list of permitted uses would only apply to Lot #3 and be worded as follows.
· Medical Offices (Lot 3 only)
The approval of a list of permitted uses is required for all Planned Industrial Developments. The original
Quantum Park PID Master Plan has been established incrementally and lacks the above-referenced use.
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 applicant certifies that the above requested use 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
generated ground vibrations, which are perceptible without instruments at any point at or beyond
the property line. The applicant certifies that the above requested use 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 applicant
certifies that the proposed use does 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.
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 3
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 applicant certifies that the proposed use does
not produce any objectionable or offensive odors or fumes.
5 Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission
of toxic or noxious matter in such concentration as to cause damage to property, vegetation,
discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment
of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any
public waters or any groundwater The applicant certifies that the proposed use will not produce
toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to
persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or
beyond the property line of the property on which the use is located, or to contaminate any public
waters or any groundwater
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 use does 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 50 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 use does 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 50 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 50 as to allow the accumulation or
disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which
would cause solid waste to be transferred In any manner to adjacent or nearby property or rights-of-
way The proposed use 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,
with the exception of the disposal of bio-hazardous waste, which will be handled by an outside
licensed company The company will pick up those materials and they will be disposed of off-site
according to current regulations.
10 Electromagnetic Interference: No use shall be carried out on the property so as to create
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 4
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 50 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 use 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 use does 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. Last year, the subject lot was approved for a use approval request
(USAP 03-003). The Oty Commission allowed the following uses.
. Gymnastic centers and cheerleading schools, and
. Installation, repair, and service of alarms, stereos, and window tinting for automobiles, and
ancillary sales.
The new uses that were approved in last year's request (USAP 03-003) are important to note because of
their Inherent need for additional parking spaces. For example, gymnastic centers and cheerleading
schools require one (1) parking space per 200 square feet of gross floor area The proposed "automobile"
type uses would also require parking at a higher rate (one space per 250 square feet) Similarly, medical
offices require more parking than typical "office" or warehouse uses. According to Chapter 2, Section
11 H 16.d (19), medical offices require one (1) parking space per 200 square feet of gross floor area. As
previously mentioned, the site plan originally provided an excess of 25 extra parking spaces. However, a
variance (ZNCV 03-008) approved last year allowed a reduction in the width of the western perimeter
buffer to allow construction of additional parking spaces. Subsequent to variance approval, a request for
minor site plan modification (MMSP 03-095) for the construction of 23 parking spaces along the western
perimeter was approved on October 17, 2003 Now, the plan provides a total of 155 parking spaces, or an
excess of 48 spaces based on a combination of office and warehouse uses. However, an insufficient
number of parking spaces exist to support office uses throughout the entirety of the project. To solve this
problem, 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
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 5
process In order to help mitigate any future parking problems. Also, according to the applicant, each
tenant 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 isthe City's responsibility to ensure compliance with the parking
requirements. However, the burden of proof is shifted to the property owner who would perpetually
maintain 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 medical offices under the "Office" land use option in Lot 3
in the Quantum Park PID Staff opinion has not wavered from the original position that industrial property
should not be converted to commercial property It seems plausible that the "office"land use classification
originated in anticipation of developing industrial principal uses with offices as their accessory uses.
However, since "office" uses are already permitted as principal uses within this land use option (the parking
and traffic as the performance related factor), then the subject request would be consistent with the intent
and purpose of the Quantum Park PID Over the last few years, the city has witnessed an infusion of
residential uses within the pro This request exemplifies the demand for medical offices. It is more efficient
to process use approval applications "categorically" rather than as "lot specific" in order to avoid repeated
applications for similar uses. However, given the nature of proposed use with its anticipated higher traffic
generation and also, in keeping with the Planning & Development Board's previous recommendation for the
earlier request for use approval (USAP 03-003), staff recommends that the applicant provide traffic data
that demonstrates compliance with the Traffic Performance Standards of Palm Beach County, prior to the
issuance of an occupational license (see Exhibit "C" - Conditions of Approval).
RECOMMENDATION
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. It is the determination of staff that the requested
"medical office" use would 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 approval 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
S:\Plannlng\5HARED\Wp\PROJECTS\Quantum lot 3\USAP 04-002 Medical Ofllce\Staff Report.doc
~ JlCATION MP~ t:^nICII
J" ~,,,1iiiI ",~9I,,,3 .9UANTUM PARK PID
- 1:7 S
: " '3~~Lh'~~ '~tr ~I/ ~,
~ <Y i~ -- ~ .8~-= '
~ · I::J - .::;
l.. ~ ::--. =fJ ....:1--
r ~ ~ ~ · '~f1I:
::::.. ~ . .: 9.. tR - I ...~Tft
,. ~ % ~ ~'-Pll g <>~~y
ij ~ ~ \]1 .~7ti{1 .". ~
-.3 r;'1 - ""'~ ~ I '__ . ! r-
~ L.:J ~ J~" --.. .;/
~rr~:tS~I-, ~.
t!) ~ Willl"-, JI .
~ lb ~.;: rf)= ,4" :.") ,---
~ - . LX/' - ~. i
~ @:3 : '\ \ " "C":':':,: :'-". : - ~.
=:J :: ,.~~t \ ~ ,/ . " ~"'.,.,~
.: t~,. I _' ':::-it . '., ", .. ~
"'... ' u w 21...0 r- . .. "'~
- I,. ,~-' L'3!ffiji{\J5 I .~
\ I ,""'/i / ~: c!J' i~":
~. / " - ~ Ilf' ~ --=- ': I .:;r : v.' :
---J ~~ ',.- 'i. : CYNT :~~'t: H
,~[ / t --. K dFCcMMER'-I".
::::: ~ rr:aUANTUM PARK)
== PI 0 ~~-
- ~
-
-
E
)-
"I
NOT
IN
CITY
~L IV 1
.. i 0tJI,r-
-, . '-
_r. II:.
"1" - 'T
I r-
-
~\.~I /
~,.^^" ~,-
..,.. ---
/'
~\~I
_J-~
-
't
-
I
.
,
-
I
1/8
J
~ ."
--~ ,!'/ ~ ~1II1]
- Ij
MILESY' ~ 'I
ffil
I~
w'i
V"
07- 99
~
~
~1
'rl.m/i; f
J-J:r -
I
,
~PU
-
~.
"
~
-n.
-
'L~
~
-1:~
~
-"C
)'-
"MaTaRaLA.:.'~~
IQ1 '~"'7
j "
oJ l, ...
\' \~'I I : :: : :i~ ;.~i~t illlj ~~'Itirr ~
\ 'I~ El"r R ~I- - . _ . ~ : u
· I 'IE - -
I ;1-1 """rt : - :' ~ -
· .~~C"~!: . 0
'/("
. ~ '(")A ' -: III "
.~) - -- nw !
"\ '6~+~r ~~ '0 4q,0 800 FEET
'i- ""~AIVN;A/C DIVIS/OJ
rf'\JU' me c
~~
JJ
II L'" .. ......-....
\l-IJ
\ '
R AA
-....
...-.,
( -'
I
Y"lnston
.L-t2€
~~SSOclates'l Ine
EXHIBIT "B"
l~.n\.:...;....~: -\n.:h:t....~.ur
,u'd ?~.Jnnlrl~
) :Le (. "
June 24, 2003
Mr Enc Johnson
Plarming & Zonmg DiVISIon
CIty of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Rb Quantum Park DR! Use List Revision Request
Our File No 98-01009A
Dear Mr Johnson.
.
As a follow up to our telephone conversatIon last week, r would lIke to address your specific
concerns as to the process for momtonng the uses and associated required parkmg for Lot 3 m the
Quantum Park DRl.
This project IS under the ownershIp of one entity and all of the square footage contamed m the
buildings is leased to tenants. The owner has agreed to momtor the types of uses and the requIred
parkmg tor each on a spread sheet which will be submitted as part of the bulldmg permlttmg process.
In additIon, each tenant's lease will require that a copy of the sheet be submitted with theIr
applIcatIOns tor occupatIOnal hcences. ThiS spread sheet WlU be mamtamed and updated by the
property owner and willllldIcate the amount of prOVIded parlang on the sIte, the deductIon of
required parkmg per bay and applicable calculation rate, and the remammg unallocated amount of
parking spaces. This monitoring method IS similar to what has preVIously been accepted by the City
in sunilar SItuatIOns, such as Levitt Commercial's project on Lots 9-12 (~ High Ridge Commerce
Center
The applicant agrees to monitor the utJrizatlon ofparkmg as outlmed above, and thiS method will put
no undue monitoring burden on City staff. I hope tIus addresses any concerns you may have Please
feel free to call with any queStIons,
cc Michael Rumpf
Robert Burrow
'rnl - f:' ~ r
I:~' 0 . I~ l:~ !~ .;
lS ..... 1.' IJ
~!
nUll ,..
[S' ! i ""-125
L
Pl~: I
i.
~'-'_."'"
,......
...'J Ii'
..., I.
I
W m ~ Ln iH @'
Sincerely,
2~-'- Pu,rJ(<<lJ-v
r::Jom Bnnkman, AfCP
Project Planner
--_I
I
OEPARTMENT OF OEVELOPMENT
__ _____. J
15.: Old O".:cchub~c Road SUIt~ 1 116 \Ve;:st Palm Beach, fL 3J~()9-5270
Tel 50 1.61N-~6 ill Fax 561-fJIN."'55Q . E-mail wlnsronwlaIL.!.aol ':001
EXHIBIT "e"
ConmtlOns of Approval
Project name' Quantum Park DR! Lot 3
File number USAP 04-002
Reference: See Exhibit "D" - Quantum Park DR! Use List Revision Request
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments, None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
1 The owner of Quantum Park Lot 3 has agreed to monitor the future business X
of each tenant and their required parking, This monitoring system would be
accomplished bv using a spreadsheet. This soreadsheet would be
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
continuously maintained by the property owner or property owners
association and submitted to the Building Division during the permitting
process for interior renovations, In addition, the property owner (or tenant)
would submit this updated spreadsheet to the Occupational License Division
when applying for an occupational license for a future business, Staff agrees
with this monitoring system and further recommends that no occupational
licenses or building permits be issued until the applicant formally and
satisfactorily demonstrates compliance with all applicable parking
reauirements.
2, The applicant must present traffic data and a statement indicating that the X
proposed use(s) would not exceed traffic counts currently approved for the
DR! as based on square footage and uses approved for lots designated
"Industrial" and "Office"
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3 See condition #1 for added revision underlined, X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4 To be determined,
S:\Planning\5hared\Wp\Projects\Quantum Lot 3\USAP 03-002\COA.doc
EXHIBIT D
Quantum Park Revised Use List Request
Bocar Properties, Inc. - Lot 3 Quantum Park
Request to Allow Medical Office
The applicant has submItted a use request reVIsion to allow the followmg use under Section C"
OFFICE, of the approved use list for the Quantum Park DRI, These uses are proposed to be
allowed on Lot 3 only
. MedIcal Offices 7
7 Applies to Lot 3 only
Chapter 2.5, Sec. 4,N of the City of Boynton Beach Code reqUIres that all uses conform to
performance standards outlmed therem. These standards are addressed below
1 Noise. No use shall be carned out m any zoning dIStrIcts so as to create sound wluch IS m
VIOlatIOn of Section 15-8 of the CIty of Boynton Beach Code of Ordinances.
Response. The above requested use shall be conducted entIrely within the bUlldmg and
shall not produce sound m Vlo1atJ.on of SectIon 15-8.
2, Vibrations. No use shall be carned out m any zoning dIstrict so as to create mherently
and recurrently generated ground vibratJ.ons which are perceptible without mstruments at
any point at or beyond the property lmes of the property on which the use is located,
Response' The above requested use shall not create ground vibratJ.ons wluch would be
perceptible beyond the property lmes of the subject lot,
3 Smoke, dust, dIrt, or other partIculate matter No use shall be carned out witlun any
zoning dIStrict so as to allow the emission of smoke, dust dIrt or other partIcular matter
which may cause damage to property or vegetatJ.on, chscomfort or harm to persons or
animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or
beyond the property lmes of the property on wluch the use IS located, Furthermore, no
use shall be carried out so as to allow the enussIOn of any substances m violation of any
federal, state, county or city laws or permits governing the emiSSIOn of such substances,
Response. The proposed use does not produce smoke, dust, dirt or other particulate
matter and shall comply WIth all federal, state, county, or city laws or permits pertammg
EXHI BIT D
to same,
4 Odors and fumes, No use shall be carried out in any mdustnal district 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 mdustrial districts. For all
nonmdustnal dIStnctS, the standards contamed in this paragraph shall apply where district
abuts any residential district.
Response The proposed use does not produce any objectionable or offensive odors or
fumes,
5 Toxic or nOXIOUS matter No use shall be carned out in any zoning district so as to allow
the discharge of any toxic or noxious matter in such concentrations as to cause damage to
property or vegetatIon, discomfort or harm to persons or animals, or prevent the
reasonable use and enjoyment of property or rights-of-way, at or beyond the property hne
of the property on which the use IS located, or to contaminate any pubhc waters or any
groundwater
Response The proposed use will not allow the dIscharge of any toxic or nOXIOUS matter
so as to cause damage to property or vegetation, discomfort or harm to persons or
anunals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or
beyond the property line of the property on which the use IS located, or to contaminate
any public waters or any groundwater
6 Fire and explosion hazards, No use shall be carned out m any zomng dIStrict so as to
create a fire or explosion hazard to adjacent or nearby property nghts-of-way, or any
persons or property thereon. Furthermore, the storage, use or productIon of flammable or
explOSIve matenals shall be in conformance with the prOVIsions of Chapter 9 of the City
of Boynton Beach Code ofOrdmances,
Response' The proposed use does not create a fire or explosion hazard, There will be no
storage of flammable or explOSIve matenals unless m conformance with Chapter 9
7 Heat, hwmdity, or glare. No use shall be carried out in any zomng district so as to
produce heat, humidIty or glare which is readily perceptible at any pomt at or beyond the
property line of the property on whIch the use IS located. ArtIficIal lighting which is used
to illummate 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,
Response' The proposes use does not produce heat, hunudtty or glare. No additional
lighting IS being proposed for the buildIng and the site complies with the City approved
site plan which reqUIred that lighting be directed away from any residential use,
Page 2
EXHIBIT D
8 Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid
waste of any type, quantity or manner which is not in conformance with the provisions of
Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or
county laws or permits,
Response: Any applicable provisions of Chapter 26 of the City of Boynton 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 in any zoning district so as to allow the
accumulation or disposal of solid waste which is not in conformance with Chapter 10 of
the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be
transferred in any manner to adjacent or nearby property or rights-of-way
Response: The proposed use 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, with the exception of the disposal ofbio-hazardous
waste, which will be handled by an outside licenced company The company will pick up
those materials and they will be disposed of off-site according to current regulations.
10 Electromagnetic interference, No use shall be carried out in any zoning distnct so as to
create electromagnetic radiation which causes abnormal degradation of performance of
any electromagnetic receptor of quality and property 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 in any zomng
district 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 m any zomng district.
Response: The proposed use shall not create electromagnetic radiation.
11 Hazardous materials and hazardous waste. Items a. through d.
Response: The proposed use do not use, handle, store or display hazardous materials, or
generate hazardous waste as described in this section,
Page 3
-------~- -~--~-----
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet ~ 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.
Requested City Deadline for Submittal to City P & D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
A ril 7 2004
A ril 20 2004
Ma 4 2004
Ma 18 2004
June 1 2004
June 15 2004
Jul 6 2004
Jul 20 2004
All back u material is attached
All exhibits are attached & marked e. Exhibit "A'
Department Head's initials' ~
Quantum Park P If) (USAP 04-002)
Please do not write in the shaded area below
legaIPep~ttttlentsignatureq,
rreM'~EJfJ~t;Q' .FGRU:lE',f:OLb6W1N(;._Q,N~$":'
Sjgn~~ur~{s).iJr1jSSin9 li3
IpQQrYlp1&te; !!l@11ibl to
MI$setfdeadlhieD
Other D Reason:
p~rs9.n1ti;(nt~cte(f t:oPJck'.qJpfejeGtea'tequ~~.
by., .,:" ....,.. ",'."',
bg - 7/19/02
S:\P1annlng\Plannlng Templates\Agenda Item Cover Checklist April 6 - July 20, 2004,doc
.QitV'M~na,9~f;$'~i9miture
.-,-- -, ': .,._____ - -,
C1
. i - -:~:-~. . ,.._________Art".
r~'
'-:' :
::'J~4<
;:_ '~;'- i:-:.
.QI1>
· !'f'~
8.E.!
QUANTUM PARK DR!
MEDICAL OFFICES
(USAP 04-002)
USE APPROVAL
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-104
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
t
DATE
May 11, 2004
PROJECT NAME/NO
REQUEST
Quantum Park DRI I (U5AP 04-002)
Use Approval - Medical Offices
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) I Planned Industrial Development (PID)
Proposed Land Use/Zoning NI A
Proposed Use Medical Offices (see Exhibit "0" - 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,
zoned Planned Industrial Development (PID), and
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 2
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
change to the list of permitted uses would only apply to Lot #3 and be worded as follows.
. Medical Offices (Lot 3 only)
The approval of a list of permitted uses is required for all Planned Industrial Developments, The original
Quantum Park PID Master Plan has been established incrementally and lacks the above-referenced use.
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 applicant certifies that the above requested use 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 50 as to create inherently and recurrently
generated ground vibrations, which are perceptible without instruments at any point at or beyond
the property line. The applicant certifies that the above requested use 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 50
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 applicant
certifies that the proposed use does 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,
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 3
4 Odors and fumes: No use shall be carried out on the property 50 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 applicant certifies that the proposed use does
not produce any objectionable or offensive odors or fumes.
5 Toxic or noxious matter" No use shall be carried out on the property so as to allow the emission
of toxic or noxious matter in such concentration as to cause damage to property, vegetation,
discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment
of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any
public waters or any groundwater The applicant certifies that the proposed use will not produce
toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to
persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or
beyond the property line of the property on which the use is located, or to contaminate any public
waters or any groundwater
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 use does 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 50 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 use does 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 50 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
would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-
way The proposed use 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,
with the exception of the disposal of bio-hazardous waste, which will be handled by an outside
licensed company The company will pick up those materials and they will be disposed of off-site
according to current regulations.
10 Electromagnetic Interference: No use shall be carried out on the property so as to create
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 4
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 50 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 use 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 use does 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 Last year, the subject lot was approved for a use approval request
(USAP 03-003) The City Commission allowed the following uses.
. Gymnastic centers and cheerleading schools, and
. Installation, repair, and service of alarms, stereos, and window tinting for automobiles, and
ancillary sales.
The new uses that were approved in last year's request (USAP 03-003) are important to note because of
their inherent need for additional parking spaces. For example, gymnastic centers and cheerleading
schools require one (1) parking space per 200 square feet of gross floor area The proposed "automobile"
type uses would also require parking at a higher rate (one space per 250 square feet) Similarly, medical
offices require more parking than typical "office" or warehouse uses. According to Chapter 2, Section
11 H 16.d (19), medical offices require one (1) parking space per 200 square feet of gross floor area As
previously mentioned, the site plan originally provided an excess of 25 extra parking spaces. However, a
variance (ZNCV 03-008) approved last year allowed a reduction in the width of the western perimeter
buffer to allow construction of additional parking spaces, Subsequent to variance approval, a request for
minor site plan modification (MMSP 03-095) for the construction of 23 parking spaces along the western
perimeter was approved on October 17, 2003 Now, the plan provides a total of 155 parking spaces, or an
excess of 48 spaces based on a combination of office and warehouse uses. However, an insufficient
number of parking spaces exist to support office uses throughout the entirety of the project. To solve this
problem, 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
Quantum Park DRI Lot 3 (USAP 04-002) Staff Report
Memorandum No PZ-04-104
Page 5
process in order to help mitigate any future parking problems. Also, according to the applicant, each
tenant 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 proof is shifted to the property owner who would perpetually
maintain 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 medical offices under the "Office" land use option in Lot 3
in the Quantum Park PID Staff opinion has not wavered from the original position that industrial property
should not be converted to commercial property It seems plausible that the "office" land use classification
originated in anticipation of developing industrial principal uses with offices as their accessory uses.
However, since "office" uses are already permitted as principal uses within this land use option (the parking
and traffic as the performance related factor), then the subject request would be consistent with the intent
and purpose of the Quantum Park PID Over the last few years, the city has witnessed an infusion of
residential uses within the PID This request exemplifies the demand for medical offices. It is more efficient
to process use approval applications "categorically" rather than as "lot specific" in order to avoid repeated
applications for similar uses. However, given the nature of proposed use with its anticipated higher traffic
generation and also, in keeping with the Planning & Development Board's previous recommendation for the
earlier request for use approval (USAP 03-003), staff recommends that the applicant provide traffic data
that demonstrates compliance with the Traffic Performance Standards of Palm Beach County, prior to the
issuance of an occupational license (see Exhibit "c" - Conditions of Approval)
RECOMMENDATION
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. It is the determination of staff that the requested
"medical office" use would 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 approval 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
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 04-002 Medical OfIice\Staff Report.doc
1JYI1
I~'" ~n"1~trr ,)-
-~: "':~
_~I IT.
r,,, __ T
I'~
L~ ICATION MP~ t:^nIOI I
LOT 3 QUANTUM PARK PIO
J 1Il::j llIi1Til,lIIfi:j\ \...ITI II I-III I . f
'~",-,- ,,,to . .
- '" ,.
- '4 iU'~''1' J ./ I
~ 0~ Xl~. ~~ ;'
'-l I_~.:\ '-'~
~ II t:J- -
l.. 1tI ~ ,~--..-
r ::> r=-' ~ ~ '~
=.. ~ L:-I ,HI: _ ~ \ .~~!1tZ.
f' ~ ~ 'EJ.. ).., r g <>' ~y .... _^ ^ ~
~ Z31 \]) ,/ ~ 1 91 ~. ,VI t-I
~ ~ ?1 W~' r.t= I I ;'Jr-
~ rr ~ ~~.~]:: I ~ ~
l!i-- ~ ~,,~ ;/ I
~'J -. ~ I ~'" \ J I
~) (C:3 : '\ \ 1 , ... ,-- ~.
- ~ :' ' '~""':"'~'" " I
~: l:~1 \ ~~ /'." "".,,~
, . ~-
, '
't.... ' 1
-
) (;~", ,,,,,~ ~fF'/i._ ( '" , ~lJ ~~~- 4v.' :I
~ ~. c::.javNT ~~t:H
:;[ -- -
;:-:,.-...;,K OF caMMERU1p="
rr:aUANTUM I=JARKl
I
'[I
NOT
IN
CITY
~
Q-,
p
I
/
-~b:)
/;~
J
SLv," I
\r-:~ I
J
\
-'=0/:
_n I ~ ~
~
MILES?/ ~ 'I
ml
[[
1m
r"
07-99
f) '-
::J
.
-
,-
-
-
--...
-
-
.~
<(,
'\l
1=110
-
-
-
"MaTaRaLA/.'~~
:.1 . r-: . :-
l '.
I~
l,
r",". ItralrC
~
)-
-
~
..-...:
~ ~-
\ \a\1 ~~::::i~i'i~~~""iIT 1r",I:;-- 'I""E "
~ '\;:: t1: -rR~- '- -t ·
i \f\ ~I E I : ~ : ~ ~~
.. ~~~-'_: -- =~ 0 1/8
,.'~ -: I
'LA.\.J - - -
\ .\'ill II ,,~= ~~ II I I
! 8~TJr ~ '0 4~~A!3N~2c ;/~~~
. ~.."." .
. . z
---n-
"1L \J
~
-.C~
:..
-~
1_
R AA
,
I
I
-
I 1
~
fJY~
l;
~~ -
Jp~
......... ......
''::':..'
(
I
~Y;Y'lnston
.Lt€
_~SSOclates~ Ine
EXHIBIT "B"
l_.i~\"._,,- ~: '- \1' l~ U
J.?' n n~
Cl
June: 24, 2003
Mr Enc Johnson
Planrung & Zorung DlVlslon
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Rl:. Quantum Park DR! Use List Revision Request
Our File No 98-010 09 A
Dear Mr Johnson.
..
As a tollow up to our telephone conversatlon last week, I would itke to address your specIfic
concerns as to the process for morutonng the uses and associated requIred parlang for Lot 3 m the
Quantum Park DRl.
ThiS project IS under the ownership of one entity and all of the square rootage contamed m the
buildmgs IS leased to tenants. The owner has agreed to mOllltor the types of uses and the requIred
parking tor each on a spread sheet which Will be submitted as part of the bUIlding permitting process.
In additIon, each tenant s lease will require that a copy or the sheet be subnuued WIth therr
applications tor occupational licences. ThiS spread sheet \VIII be maintained and updated by the
propeny owner and will mdlcate the amount of prOVIded parkmg on the sIte, the deductIon of
required parking per bay and applicable calculatIOn rate, and the remaining unallocated amount of
parkmg spaces. Tlus morutonng method 15 surular to what has preVIously been accepted by the CIty
m sumlar SItuatIOns, such as LeVItt CommerCIal's project on Lots 9-12 @ H.1gh Ridge Commerce
Center
The applicant agrees to momtor the utilization ofparkmg a'5 outlined above, and thiS method Will put
no undue momtonng burden on CIty staff I hope tlus addresses any concerns you may have. Please
feel free to call WIth any questIOns,
Smcere1y,
9"7'v(. i6u rc-i</'l1:J-.v
. Jom Bnnkman, ArC P
Project Planner
;""'~.
...."..l 1"\
-...,
ill f ~ @ 2~ D W ~ Jill
J
OEPARTMENT OF DEVELOPMENT
cc Michael Rumpf
Robert Burrow
I
Ii lOl ~ lJ l [
I ~ I
'U0:! 25'"
!'U L ':~~ '__
- -----. j
15~: Old O".:~chobct: RlWJ. )U1CC 106 \\:est Palm Beach. FL J3..W9-5270
Td "hl.6:N-~n-:() Fax 5hl-()~l) "55Q E-m;.lIl \\o'lnstonwlaIL.faol..:om
EXHIBIT "e"
Conditions of Approval
Project name' Quantum Park DR! Lot 3
File number USAP 04-002
Reference, See ExhibIt "D" - Quantum Park DR! Use LIst RevisIOn Request
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments. None
PUBLIC WORKS- Traffic
Comments, None
UTILITIES
Comments. None
FIRE
Comments: None
POLICE
Comments, None
ENGINEERING DIVISION
Comments None
BUILDING DIVISION
Comments, None
PARKS AND RECREATION
Comments. None
FORESTER/ENVIRONMENT ALIST
Comments. None
PLANNING AND ZONING
I The owner of Quantum Park Lot 3 has agreed to mom tor the future busmess
of each tenant and their requITed parkIng, This monitonng system would be
accomplished by usmg a spreadsheet. This spreadsheet would be
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
contmuously mamtamed by the property owner and subrmtted to the Buildmg
DIVIsion dunng the permitting process for interior renovations. In addItion,
the property owner (or tenant) would submit thIS updated spreadsheet to the
Occupational LIcense DIVISIon when applying for an occupational lIcense for
a future busmess, Staff agrees WIth thIS monitonng system and further
recommends that no occupational licenses or building perrmts be Issued until
the applIcant formally and satisfactorily demonstrates complIance With all
applIcable parla.ng requirements,
2, The applicant must present traffic data and a statement mdicating that the
proposed use(s) would not exceed traffic counts currently approved for the
DR! as based on square footage and uses approved for lots desIgnated
"Industrial" and "Office"
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments
3 To be deterrmned.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments,
4 To be deterrmned,
S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 03-002\COA.doc
EXHIBIT D
Quantum Park Revised Use List Request
Bocar Properties, Inc. - Lot 3 Quantum Park
Request to Allow Medical Office
The applIcant has submitted a use request reVISIOn to allow the followmg use under Section C ,
OFFICE, of the approved use lIst for the Quantum Park DR!. These uses are proposed to be
allowed on Lot 3 only
. MedIcal Offices 7
7 ApplIes to Lot 3 only
Chapter 2,5, Sec 4,N of the City of Boynton Beach Code reqUIres that all uses conform to
performance standards outlmed therem, These standards are addressed below
1 NOIse, No use shall be carned out m any zomng dIstncts so as to create sound whIch IS m
VIOlatIon of SectIOn 15-8 of the CIty of Boynton Beach Code ofOrdmances,
Response The above requested use shall be conducted entIrely withIn the bUIldmg and
shall not produce sound m VIOlatIOn of SectIOn 15-8
2 VibratIOns, No use shall be carned out m any zomng dIStnCt so as to create Inherently
and recurrently generated ground vibratIOns whIch are perceptible WIthout mstruments at
any pomt at or beyond the property lInes of the property on which the use IS located,
Response' The above requested use 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 carned out WIthIn any
zonmg dIStnct so as to allow the emISSIOn of smoke, dust dIrt or other partIcular matter
whIch may cause damage to property or vegetatIOn, discomfort or hann to persons or
ammals, or prevent the reasonable use and enJoyment of property and nghts-of-way, at or
beyond the property lInes ofthe property on whIch the use IS located, Furthermore, no
use shall be carned out so as to allow the emISSIOn of any substances m VIOlatIOn of any
federal, state, county or CIty laws or permIts governmg the emISSIon of such substances,
Response The proposed use does not produce smoke, dust, dIrt or other partIculate
matter and shall comply wIth all federal, state, county, or CIty laws or permIts pertaImng
EXHIBIT D
to same,
4 Odors and fumes, No use shall be carned out m any mdustnal dIStnCt so as to allow the
emission of objectIOnable or offensive odors or fumes m such concentratIon as to be
readIly perceptible at any pomt at or beyond the boundary of mdustnal dIstncts. For all
nomndustnal dIStnCtS, the standards contamed m tlus paragraph shall apply where dIStnCt
abuts any reSIdential dIStnCt.
Response' The proposed use does not produce any objectIOnable or offensive odors or
fumes,
5 TOXIC or nOXIOUS matter No use shall be carned out m any zomng dIstnct so as to allow
the dIscharge of any tOXIC or noxIOUS matter m such concentratIons as to cause damage to
property or vegetation, dIscomfort or harm to persons or anImals, or prevent the
reasonable use and enjoyment of property or nghts-of-way, at or beyond the property lme
of the property on which the use IS located, or to contammate any publIc waters or any
groundwater
Response The proposed use will not allow the discharge of any tOXIC or noxIOUS matter
so as to cause damage to property or vegetation, dIscomfort or harm to persons or
anImals, or prevent the reasonable use and enjoyment of property or nghts-of-way, at or
beyond the property lIne ofthe property on wluch the use IS located, or to contammate
any publIc waters or any groundwater
6 FIre and explOSIOn hazards, No use shall be carned out m any zonmg dIstnct so as to
create a fire or explOSIOn hazard to adjacent or nearby property nghts-of-way, or any
persons or property thereon. Furthermore, the storage, use or productIOn of flammable or
explOSIve matenals shall be m conformance WIth the provIsions of Chapter 9 of the City
of Boynton Beach Code ofOrdmances,
Response' The proposed use does not create a fire or explOSIOn hazard. There wIll be no
storage of flammable or explOSIve matenals unless m conformance WIth Chapter 9
7 Heat, hwmdIty, or glare No use shall be carned out m any zomng distnct so as to
produce heat, humIdity or glare which IS readIly perceptible at any pomt at or beyond the
property lme of the property on wluch the use IS located, ArtIfiCial lIghtmg WhICh IS used
to Illuminate any property or use shall be directed away from any reSIdentIal use wluch IS
a conformmg use accordmg to these regulatIOns, so as not to create a nUIsance to such
reSIdentIal uses,
Response' The proposes use does not produce heat, humIdIty or glare, No addItIonal
lIghtmg IS bemg proposed for the bUIldmg and the site complIes WIth the CIty approved
SIte plan WhICh reqUIred that lIghtmg be directed away from any reSIdentIal use,
Page 2
EXHIBIT 0
8 Liquid waste. No use shall be carned out in any zoning d1stnct so as to dIspose of lIqUId
waste of any type, quantity or manner which IS not m conformance WIth the provisions of
Chapter 26 of the CIty of Boynton Code ofOrdmances, or any applIcable federal, state or
county laws or permits,
Response. Any applIcable proviSIons of Chapter 26 of the CIty of Boynton 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 m any zoning distnct so as to allow the
accumulation or disposal of solid waste which IS not in conformance WIth Chapter 10 of
the CIty of Boynton Beach Code of Ordinances, or which would cause solId waste to be
transferred m any manner to adjacent or nearby property or rights-of-way
Response: The proposed use shall be m complIance WIth Chapter 10 of the City of
Boynton Beach Code of Ordmances and shall utilize the solId waste receptacles as
depicted on the approved sIte plan, WIth the exceptIon of the disposal ofbio-hazardous
waste, wInch will be handled by an outside licenced company The company will pick up
those matenals and they will be disposed of off-site accordmg to current regulatIons.
10 ElectromagnetIc mterference. No use shall be carned out m any zoning dIstrict so as to
create electromagnetIc radIation which causes abnormal degradatIon of performance of
any electromagnetIc receptor of qualIty and property deSIgn as defined by the pnnclples
and standards adopted by the InstItute of Electncal and Electromcs Engmeers, or the
Electronic Industnes Association. Furthermore, no use shall be carried out in any zoning
dlstnct so as to cause electromagnetIc radIation which does not comply with the Federal
CommunIcatIons CommissIOn regulatIOns, or wInch causes objectIonable electromagnetIc
mterference with normal radIO or televiSIon reception m any zoning dIstrict.
Response: The proposed use shall not create electromagnetIc rarnatIon,
11 Hazardous matenals and hazardous waste. Items a, through d.
Response: The proposed use do not use, handle, store or display hazardous matenals, or
generate hazardous waste as described m tIns section.
Page 3