AGENDA DOCUMENTS
Cf(
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
Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18, 2005 (Noon.) D October 5, 2005 September 19 2005 (Noon)
D August 16, 2005 August 1 2005 (Noon) I:8J October 18, 2005 October 3, 2005 (Noon)
D September 6, 2005 August 15, 2005 (Noon) D November 1 2005 October 17 2005 (Noon)
D September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 31 2005 (Noon)
D Administrative D Development Plans
NATURE OF I:8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION Please place this request on the October 18,2005 City Commission Agenda under
Consent Agenda. The Planning and Development Board recommended that the subject request be approved on
September 27, 2005 For further details pertaining to the request, see attached Department of Development Memorandum
No PZ 05-174
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park Lot 3 (USAP 05-001)
Joey Caballero, 5th Avenue Inspections, Inc.
Joey Caballero
2419 Quantum Boulevard, Lot 3
Request Use Approval for a School and Educational Services - Home Inspection Trade
Training Center (weekends only).
PROGRAM IMP ACT'
FISCAL IMPACT
ALTERNATIVES:
N/A
N/A
N/A
Develo
City Manager's Signature
2/.(J~~
Planning and g Duector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 05-001 Home Inspections\Agenda Item Request Quantum Pk Lot 3 USAP 05-001 10-18-
05.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO PZ 05-174
STAFF REPORT
TO
Chairman and Members
Planning and Development Board and City Commission
Michael Rum~G~
Director of Planning & Zoning
THRU
FROM
Eric Lee Johnson, AICP
Planner
DATE
September 16, 2005
PROJECT NAME/NO
Quantum Park DRI, Lot 3/ (USAP 05-001)
REQUEST
Use Approval for 5th Avenue Building Inspections, Inc.
PROJECT DESCRIPTION
Property Owner 5th Avenue Building Inspections, Inc.
Agent' Joey Caballero, President / 5th Avenue Building Inspections, Inc.
Location Quantum Park DRI Lot 3, Building 10, Unit A
Existing Land Use/Zoning Office - Industrial (01) / Planned Industrial Development (PID)
Proposed Land Use/Zoning N/ A
Proposed Use School and Educational Services - Home Inspection Trade Training
Center (see Exhibit "Off - 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) use designation, zoned Planned Unit Development (PUD),
South
Right-of-way for Quantum Boulevard, then further south is developed
property with an Office - Industrial - Hotel (OIH) use designation, zoned
Planned Industrial Development (PID),
East:
Developed property (Masonic Lodge) with an Office (0) use designation,
zoned Planned Industrial Development (PID), and
Quantum Park DRI Lot 3 (USAP 05-001) Staff Report
Memorandum No PZ 05-174
Page 2
West:
Developed commercial property (Shoppes of Boynton) with a Local Retail
Commercial (LRC) land use designation, zoned Community Commercial (C-3)
BACKGROUND
Mr Joey Caballero, President of 5th Avenue Building Inspection, Incorporated has submitted an application
for use approval in the Quantum Park Planned Industrial Development (PID) (see attached location map-
Exhibit "Aft) The proposed use would apply only to Lot #3 and include the following
. School and Educational Services - Home Inspection Trade Training Cente0 weekends only (Lot 3)
The approval of a list of permitted uses is required for all Planned Industrial Developments, The original
Quantum Park PID Master Plan did not include the above-referenced use and that is the reason the
applicant is now requesting use approval Similar to past requests, the Quantum Park Master Plan's
permitted uses list would be incrementally modified in connection with the approval of each new
development within the PID In approving a particular use, the Planning and Development Board must
make findings that the proposed use will not be in conflict with the performance standards listed in Section
4 N of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of
the Planned Industrial Development District.
ANALYSIS
The applicant is required to address the Performance Standards listed in Chapter 2, Section 4 N of the Land
Development Regulations as they relate to the proposed list of permitted uses. The purpose of the
Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals,
vegetation or property located on adjacent or nearby properties or right-of-way, or to interfere with the
reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or
other particulate matter, toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic
interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation The applicant
has been asked to provide a description of their request relative to the performance standards within
Chapter 2, Section 4 N of the Land Development Regulations to evaluate the impact and appropriateness of
this use within the PID district. These responses are listed as follows
1 Noise No use shall be carried out on the property so as to create sound which is in violation of
Section 15-8 of the City Ordinances. The above requested use will 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 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 proposed use
Quantum Park DRI Lot 3 (USAP 05-001) Staff Report
Memorandum No PZ 05-174
Page 3
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.
4 Odors and fumes. No use shall be carried out on the property so as to allow the emission of
objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any
point at or beyond the boundary of the property The proposed 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 proposed use does not produce toxic or noxious matter
6 Fire and Explosion No use shall be carried out on the property so as to create a fire or explosion
hazard to adjacent or nearby property or rights-of-way or any persons or property thereon
Furthermore, the storage, use, or production of flammable or explosive materials shall be in
conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The
propose uses 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 so as produce heat,
humidity or glare readily perceptible at any point at or beyond the property line of the property on
which the use is located Artificial lighting, which is used to illuminate any property or use, shall be
directed away from any residential use, which is a conforming use according to these regulations, so
as not to create a nuisance to such residential uses. The proposed 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 so as to dispose of liquid waste of any
type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City
of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits.
Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any
applicable federal, state, or county laws or permits shall be complied with The applicant certifies
that the home inspection classes will not cause liquid waste,
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.
10 Electromagnetic Interference: No use shall be carried out on the property so as to create
electromagnetic radiation, which causes abnormal degradation of performance of any
electromagnetic receptor of quality and proper design as defined, by the principles and standards
adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries
Association Furthermore, no use shall be carried out on the property so as to cause
Quantum Park DRI Lot 3 (USAP 05-001) Staff Report
Memorandum No PZ 05-174
Page 4
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 will 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 use would not violate any of
the performance standards listed in Chapter 2, Section 4 N of the Land Development Regulations, The
approved site plan shows that the two (2) buildings were approved for a total of 46,660 square feet. The
parking methodology was based upon the following
. 23,330 square feet of office area at a rate of one (1) space per 300 square feet
. 23,330 square feet of warehouse at a rate of one (1) space per 800 square feet
The approved site plan showed that 107 parking spaces were required and that 132 or an excess of 25
parking spaces were provided The most recent use approval request for the subject lot was for the Lions
Club Meeting Hall (USAP 04-005) In summary, the City Commission has recently approved the following
additions to the use approval list applicable to the subject lot:
. Lions Club Meeting Hall
. Medical Offices
. Gymnastic centers and cheerleading schools, and
. Installation, repair, and service of alarms, stereos, and window tinting for automobiles, and
ancillary sales,
The new uses approved for Lot 3 over the past two (2) years are important to note because of their
inherent need for additional parking spaces. For example, medical offices, gymnastic centers, and
cheerleading schools require one (1) parking space per 200 square feet of gross floor area Similarly,
"automobile" type uses would also require parking at a higher rate (one space per 250 square feet) The
original site plan proposed an excess of 25 parking spaces, to be allocated between two (2) buildings on
the subject property The property owner requested a variance (ZNCV 03-008), which was approved to
allow a reduction in the width of the western perimeter buffer to accommodate 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.
The subject site (Building 10, Unit A) is currently licensed for "Construction Home Inspection Services" The
bay is comprised of 1,026 square feet of office and 674 square feet of air-conditioned warehouse for a total
of 1,700 square feet. The current business requires 5 parking spaces. The applicant's intent is to have the
school operate as an ancillary use to the current business, utilizing the bay's existing warehouse space, The
classes would occur only the weekends and would not conflict with normal business operations.
Quantum Park DRI Lot 3 (USAP 05-001) Staff Report
Memorandum No PZ 05-174
Page 5
Since the buildings on the subject site (Lot 3) were constructed years ago, it would be difficult for staff to
monitor the incoming / outgoing businesses within the subject property without the active involvement
and coordination among Divisions within the Department of Development. As a compromise, the original
property owner (Bocar Properties Incorporated) had 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 processes in order to help mitigate any future parking problems Also, according to the
developer, each tenant's lease would require a copy of the spreadsheet and that document would be
submitted with the tenant's application for an occupational license This spreadsheet would be maintained
and continuously updated by the property owner It would indicate the amount of parking provided 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 from the City to the property owner
when the property owner perpetually maintains the "spreadsheet" (see Exhibit "C" - Conditions of
Approval)
As previously mentioned, the subject property currently contains an Office - Industrial (01) use option This
request for use approval, in part, is to allow "School and Educational Services - Home Inspection Trade
Training Center" under the "Office" land use option in the Quantum Park PID The "office" land use option
is more appropriate than the "industrial" land use option, because the Florida Building Code classifies the
school as a "Business Occupancy" According to the application, the school would have 15 to 20 students.
Anything over 50 students would be classified as an "Assembly Occupancy" Furthermore, the proposed use
would be classified as "Technical and Trade Schools" by the North American Industrial Classification System
(NAICS) standards. According to the NAICS, this industry comprises establishments primarily engaged in
offering vocational and technical training in a variety of technical subjects and trades The training often
leads to job specific certification
Staff opinion has not wavered from the original position that industrial property should not be converted to
commercial property However, since office uses are already permitted under this land use option, then the
subject request would be consistent with the intent and purpose of the Quantum Park PID The list of
permitted uses for the Quantum Park PID has been specifically tailored to the subject property due in part,
to the site's close proximity to adjacent commercial centers and residential neighborhoods as well as its
developed (nearly "built-out") characteristic. The proposed school (as an ancillary use to the Construction
Home Inspection Services), like meeting halls and dance instruction/gymnastic uses previously approved,
does not have the same general hours of operation typically found in office and industrial businesses and
complexes As previously mentioned, the school would only operate on weekends, thus not competing for
available parking spaces. Given the nature of the type of use and characteristics of its parking demand,
staff is satisfied with the compatibility of this use with those others already allowed in the Quantum Park
PID
RECOMMENDATION
It is the determination by staff that the requested "School and Educational Services - Home Inspection
Trade Training Center, weekends only (Lot 3)" 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
Quantum Park DRI Lot 3 (USAP 05-001) Staff Report
Memorandum No PZ 05-174
Page 6
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 05-001 Home Inspectlons\Staff Report.doc
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Location Map
Quantum Park Lot 3
EXHIBIT flAil
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WINSTON LEE Assr
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June 24, 200 i
Mr Eric joh lson
Planning & L OIung DiV1SlOn
City of Boyn on Beach
100 E. Boyn on Beach Blvd.
Boynton Be~ ell, FL 33425-0310
.R.E Qual turn Park DR! Use List Revision Request
Our] ile No 98-01009A
Dear Mr, 10 nson.
As a foiiow up to our telephone conversatlon last week, T would iike to address your specific
concerns as 0 the process for mOnItoring the uses and associated required parking for Lot 3 in the
Quantum Pa 'k DRl.
This project IS under the ownership of one entity and all of the square footage contained In the
buildings 15 1 ~ased to "tenants. The owner has agreed to monitor the types of uses and the required
p~king fur e 3.ch on a spread sheet which Wl/l be submitted as part of the buildmg permItting process.
In addition, each tenant s lease will require that a copy of the sheet be submined with their
applications for occupational hcences. This spread sheet will be maintamed and updated by the
property o~ oer and will indicate the amount of provided parking on the site, the deduction of
reqUired pal king per bay and appiIcable calculation rate, and the r~llUljning une.Hocated amount of
parking spal es. This monitoring method is sunilar to what has previously been accepted by the City
h'1 ~imilar 511 .latioDS. such as Levitt Commercial's project on Lots 9-12 @ High Rid~e Commerce
Center
The apphcal t agrees to monItor the utilization ofparking as outhned above, and this method will put
no undue m .nitoring burden on City staff. I hope this addresses any concerns you may have. Please
feel free to i all with any questions.
S,incereiy,
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Project Plw ner
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PAGE 03
EXHIBIT "e"
CondItIons of Approval
PrOject name
FIle number
Reference
Quantum Park DR! Lot 3
USAP 05-001
Quantum Park DR! Use List RevlSlon Request for School and EducatIOnal Services - Home
InspectIOn Trade Trainmg Center, weekends only (Lot 3)
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments None X
PUBLIC WORKS- Traffic
Comments. None X
UTILITIES
Comments None X
FIRE
Comments. None X
POLICE
Comments. None X
ENGINEERING DIVISION
Comments. None X
BUILDING DIVISION
Comments. None X
PARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENTALIST
Comments. None X
PLANNING AND ZONING
I The owner of Quantum Park Lot 3 has agreed to monitor the future business X
of each tenant and theIr reqUIred parkmg. This monitOrIng system would be
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
accomplished by usmg a spreadsheet. ThIS spreadsheet would be
contmuously maintamed by the property owner or property owners
aSSOCIatIon and submItted to the Buildm~ DIVisIOn dunng the penmttmg
process for mtenor renovatIons. In addItIon, the property owner (or tenant)
would submIt thIS updated spreadsheet to the Occupational LIcense DIvIsIOn
when applymg for an occupatIOnal hcense for a future busmess. Staff agrees
wIth thIS mOllltonng system and further recommends that no occupatIOnal
hcenses or buildmg permIts be Issued untIl the apphcant formally and
satIsfactorily demonstrates comphance wIth all apphcable parkmg
reqUirements.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments.
2. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
3 To be determmed.
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 05-001 Home Inspections\COA.doc
EXHIBIT 0
th Avenue
Building Inspections
IncO
To
RE
Eric Johnson, City of Boynton Beach, FL
City of Boynton Beach Performance standards
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PL/\ ~ '\ jG AND
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Chapter 2, Section 4 N of the Land Development Regulations
PERFORMANCE STANDARDS All uses located within the city shall
conform to the performance standards set forth below, and shall
be constructed, maintained and operated so as not to be a
nuisance or hazard to persons, animals, vegetation or property
located on adjacent or nearby properties or rights-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; odors, glare,
heat or humidity, radiation, electromagnetic interference, fire
or explosion hazard, liquid waste discharge, or solid waste
accumulation Furthermore, no use shall be carried out so as to
create any nuisance or hazard which is violation of any
applicable federal, state, county, or city law or permit, and
all such laws and permits are hereby adopted as performance
standards in these zoning regulations
1 Noise No use shall be carried out in any zoning district so
as to create sound which is in violation of Section 15-8 of the
City of Boynton Beach Code of Ordinances I certi~ the pro,posed
home ins.pection c~asses wi~~ not cause noise
2 Vibrations No use shall be carried out in any zoning
district so as to create inherently and recurrently generated
ground vibrations which are perceptible without instruments at
any point at or beyond the property lines of the property on
which the use is located I certi~ the pro.posed home ins.pection
c~asses will not cause vibrations
THE_EXPERIENCE. ~
~
EXHIBIT D
th Avenue
Building Inspections
Inco
3 Smoke, dust, dirt, or other particulate matter No use shall
be carried out within any zoning district so as to allow the
emission of smoke, dust, dirt or other particular 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, at or beyond the
property lines of the property on which the use is located
Furthermore, no use shall be carried out so as to allow the
emission of any substances in violation of any federal, state,
county or city laws or permits governing the emission of such
substances I certi~ the pro.posed home ins.pectioD classes will
Dot cause Smoke, dust, dirt, or other particulate matter
4 Odors and fumes No use shall be carried out in any
industrial 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
industrial districts For all no industrial districts, the
standards contained in this paragraph shall apply where the
district abuts any residential district I certi~ the prqposed
home in~ctioD classes ~ll Dot cause odors or fames
5 Toxic or noxious matter No use shall be carried 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 line of the property
on which the use is located; or to contaminate any public waters
or any groundwater I certi~ the pro.posed home i~eation
classes will not cause toxic or noxious matter
6 Fire and explosion hazards No use shall be carried out in
any zoning district 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 provisions of Chapter 9 of the City of Boynton Beach Code of
THE_EXPERIENCE.
~
AI ..
~
EXHIBIT 0
5th Avenue
Building Inspections
I nc.O
Ordinances I cer~i~ ~he prqposed home ins,pec~ion c~asses wi~~
not cause fire and e~~osion hazards
7 Heat, humidity, or glare No use shall be carried out in any
zoning district so as to produce heat, humidity or glare which
is 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 zoning regulations, so as not to create a
nuisance to such residential uses I certi~ the prqposed home
ins,pec~ion c~asses wi~~ no~ cause hea~, humidity or g~are
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 Beach Code of Ordinances, or
any applicable federal, state or county laws or permits I
cer~i~ ~he prqposed home ins,pec~ion c~asses wi~I no~ cause
~iquid was~e
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 Ordinance, or which would cause solid
waste to be transferred in any manner to adjacent or nearby
property or rights-of-way I cer~i~ the pro.posed home
in~c~ion cIasses wi~~ no~ cause so~id was~e
10 Electromagnetic interference No use shall be carried out in
any zoning district so as to create electromagnetic radiation
which causes abnormal degradation of performance of any
electromagnetic receptor of quality and proper design as defined
by the principles and standards adopted by the Institute of
Electrical and Electronics Engineers, or the Electronic
Industries Association Furthermore, no use shall be carried out
in any zoning district so as to cause electromagnetic radiation
which does not comply with the Federal Communications Commission
THE 8) EXPERIENCE.
~
.. ...
~
\t~J
EXHIBIT 0
th Avenue
Building Inspections
IncQ
regulations, or which causes objectionable electromagnetic
interference with normal radio or television reception in any
zoning district I cer~i~ the pro,posed home in~ec~ion c~asses
wil~ no~ cause elec~romagne~ic interference
11 Hazardous materials, hazardous waste, and toxic substances
a Prior to the issuance or renewal of an occupational license
in the city, the operator of any use that uses, handles, stores,
displays, or generates hazardous materials, hazardous waste, or
a toxic substance, as the same are defined in 40 Code of Federal
Regulations, Part 261 or the Florida Substance List as set forth
in Rule 4A-62 004, Florida Administrative Code, and requires a
permit for same from a state or federal agency, or requires
periodic reporting to a state or federal agency, shall be
required to file a Fire Department Hazardous Material Disclosure
Form in accordance with Part III, Section 9-71 of this code
b The operator of any such use shall be required to design and
construct, prior to occupancy, an appropriate separate spill
containment system to hold spilled hazardous materials for
cleanup, independent from the storm water drainage system, along
with an appropriate early warning monitoring program
The containment system and monitoring program shall be a type
which is generally acceptable to the Florida Department of
Environmental Regulation and the South Florida Water Management
District, and shall serve all structures or areas where
hazardous materials are used, handled, stored or displayed, or
where hazardous wastes are generated
c Depressed truck wells which are utilized by users of
hazardous materials and generators of hazardous waste shall
provide a drainage system which shall be designed and maintained
to include oil and grease receptors, and open bottom
sedimentation pumps as pollutant retardant structures Such
systems shall be designed so as to prevent pollutants from
entering surface waters and groundwater Parking areas and
driveways adjacent to truck wells shall be designed to divert
runoff to storage and exfiltrations systems on-site, prior to
discharge into surface waters or storm sewers
d Those using, storing, displaying, or generating hazardous
materials, hazardous waste, or toxic substances shall develop
hazardous materials response plans prior to the operation of
such uses, which shall require the approval of the Fire Marshal
.
-
THE 8) EXPERIENC[
IQ
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(~
EXHIBIT 0
5th Avenue'
Building Inspections
Inee
This plan shall identify appropriate measures for contamination
response including, but not limited to
(1) Provision of equipment and trained personnel on-site or a
contract with a contamination response firm meeting Florida
Department of Environmental Regulation standards, where
appropriate,
(2) Specification of follow-up water quality monitoring programs
to be implemented in the event of contamination,
(3) Specification of design and operational measures to contain
and direct contaminated surface runoff away from lakes, ponds,
canals, drainage structures and/or other connections to the
surficial aquifer,
(4) Specifications for the development and implementation of an
early warning monitoring program,
(5) Proof of financial responsibility which will assure that
cleanup costs can be provided,
(6) A copy of the permit issued by or application for permit to
the governmental agency or agencies responsible for permitting
the handling, storage, display, or generation of the particular
hazardous materials, hazardous wastes, or toxic substances
Where only periodic reports are required to be supplied to such
agencies, copies of these reports shall be provided to the Fire
Marshal,
(7) Where the information required under (1) through (6) above
is required as part of the information required for permitting
by or reporting to governmental agencies responsible for
regulating hazardous materials or hazardous wastes, this
information shall be considered sufficient for the purpose of
this section I certi~ the pro,posed home ins,pection c~asses
w2~~ not cause hazardous materials, hazardous waste, and toxic
substances
--
a~~ero
5th A enue bui~ding ins,pections
2419 Quantum B~vd
Boynton Beach, FL 33426
561 369-8363
THE_EXPERIENCE. ~
~
.DEPARTMENT OF DEVELOPMENT -
MEMORANDUM NO PZ 05-176
EXH IBIT E
DATE
October 18, 2005
RE.
Quantum Park of Commerce PID - Permitted Uses
(Update of Previous Memorandum dated September 1, 1999 (Memorandum No PZ 99-215,
January 12,1989, June 22,1990, October 16,1992, July 9,1998, March 13,2000, October
16,2001, September 9,2002 and correction of error on Memorandum dated August 5,1992
January 24,2003 May 7,2004, May 28,2004, June 14, 2004 and September 14, 2004)
The following uses have been approved to date by the Planning & Development Board and City Commission
for the Quantum Park of Commerce Planned Industrial Development:
A. COMMERCIAL
./ Professional and Business Offices
1
./ Nursery Schools and Day Care Centers
./ Used and New Car Sales (CARMAX) 9
./ Gas Station with Convenience Store and Car Wash3
./ Restaurants with or without Drive-through5
./ Retail (only on Lots with the commercial use option per the Quantum DRI Master Plan)
./ Hotel10
B OFFICE
./ Professional and Business Offices
1
./ Nursery Schools and Day Care Centers
./ Meeting Hall for Masonic Lodge
./ Rehabilitation Hospital6
./ Charter High School 11
./ Medical Offices 7
./ Lions Club
./ School and Educational Services - Home Inspection Trade Training Center,
7
weekends only
C INDUSTRIAL
./ Solvent Distribution Facilitl
./ Warehouse, Distribution, Wholesale
./ Electronics Manufacturing
./ Research and Development Laboratories
./ FP&L Substation (utility facilities)
./ Research, Development, & Manufacturing of Spray Dispensing Systems and Chemical
Specialty Liquid Products (Packaging Concepts)
./ Cosmetics and Perfume Manufacturing (BGI)
./ Manufacturing, Fabrication, and Assembly of Furniture
./ Stone cutting and finishing (Oriana Granite Lot 50-A [CC 6-6-00])
./ Design, Manufacturing, Storage, Distribution of Decor Elements (Ed Carey design)
4
./ Outdoor Storage
./ Assembly of Automated Packaging Machines & Ancillary Office & Warehouse
./ Manufacturing, fabrication, and processing of machinery, eqUi~ment, appliances, parts,
and tools, limited to assembly of finished parts and materials
./ Gymnastic centers and cheerleading schools 7
./ Installation, repair, and service of alarms, stereos, and window tinting for automobiles,
including ancillary sales 7
./ Charter High School 11
EXHIBIT E
o GOVERNMENTAL/INSTITUTIONAL
./ Public High School
./ Fraternal Order of Police Clubhouse
./ Tri-County Railroad Station, Park & Ride
All businesses shall state, as part of the occupational license application, whether the business would
use, handle, store, generate or display hazardous materials, hazardous waste or toxic substance, as the
same are defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth
in Rule 4A-62 004, Florida Administrative Code, in which case a City Fire Department Hazardous Material
Oisclosure Form shall be required in accordance with Part II, Section 9-71 of this code
1 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning)
2 Requires Hazardous Material Disclosure Form be submitted with occupational license application
3 Applies to Lot 65B-Mobil and Lot 91 Hess
4 Applies to Lots 32-38 68A-70 72 and 73A-76 with conditions (maximum 15% of site)
5 Applies to Lots 81 and 82 only
6 Applies to Lots 48A, 488 and 48C only
7 Applies to Lot 3 only
8 Applies to any lot with IND or I included in the use designation
9 Applies to Lots 76-80 only
10 Applies to Lot 1 only
11 Applies to Lots 18 & 19 only
MWRlsc
S'\Planning\SHARED\WP\PROJECTS\QUANTUM\USAP\QUANTUM PARK PID use list rev 10-18-05 (ej) doc
Meeting Minutes
Planning & Development Board
Boynton Beach, FI
September 27, 2005
Mr Cwynar believed to put a solid wall on the north and east sides would be a waste of
money There was already a landscape buffer back there and from the aerial photograph,
the landscaping was heavy in the Lawrence Lakes corner abutting this project. The
houses that were there were far away He understood the six-foot wall on the south
property line, but not on the east or the north He felt a chain link or vinyl-link fence
would be acceptable, Mr Beasley said that a green vinyl fence would blend in with the
landscaping and not be seen - a C.B.5. wall painted white would really "stick out."
Mr Casaine agreed with Mr Cwynar's comments, He felt the project was secure with the
fence proposed by the applicant and that the children would be safe, It was clear the
applicant was willing to put up a wall on the south side, in the rear The applicant clearly
preferred to have a fence and hedge on the north and east sides, and this was close to
staff's recommendation
Ms, Jaskiewicz noted that this was a conditional use and that professional staff had made
a recommendation for the reasons stated, This was a use abutting a single-family
residential area She thought staff's compromise was reasonable,
A vote was taken on Mr Saberson's motion At the Chair's request, the Recording
Secretary polled the vote and the motion failed 2-5, Mr Casaine, Mr Cwynar, Vice Chair
Hay, Ms, Johnson, and Chair Wische dissenting
Motion
Mr Casaine moved to approve the conditional use/new site plan request for construction
of a 7,800 square foot daycare center and related site improvements on a O,839-acre site,
zoned Single-Family Residential (R-l-AAB) with the conditions expressed by staff with the
exception of those of the clarification presented by the petitioner Vice Chair Hay
seconded the motion
Mr Saberson and Ms, Jaskiewicz asked what that clarification was Mr Casaine indicated
he would rely on the record of the secretary since there had been a lot of discussion. Mr
Saberson asked Mr Casaine to express his understanding of the clarification so it could be
included in the motion, It was Mr Casaine's understanding there would be a wall on the
rear, south side and none on the north or east. Vice Chair Hay indicated acceptance of
this,
Ms, Jaskiewicz asked staff if this had been what they had suggested, and staff responded
in the negative,
At Chair Wische's request, the Recording Secretary polled the vote and the motion passed
5-2, Mr Saberson and Ms, Jaskiewicz dissenting
B. Use ApDroval
1
Project:
Agent:
Owner'
Quantum Park Lot 3 (USAP 05-001)
Joey Caballero, 5th Avenue Inspections, Inc.
Joey Caballero
6
Meeting Minutes
Planning & Development Board
Boynton Beach, Fl
September 27, 2005
Location
Description
2419 Quantum Boulevard, Lot 3
Request Use Approval for a School and
Educational Services - Home Inspection
Trade Training Center (weekends only)
Chair Wische described the project and invited the applicant to come forward
Joey Caballaro, 7456 Liverpool Court, Boynton Beach, stated he agreed with the
condition of approval
Eric Johnson, Planner, had nothing to add except that staff recommended approval of this
request,
Chair Wische opened the floor for public comment and closed it when no one wished to
speak,
Motion
Ms. Jaskiewicz moved approval of the request for use approval for a school and
educational services - home inspection trade training center (weekends only) subject to
the staff condition of approval Mr Casaine seconded the motion that passed 7-0
C. Major Site Plan Modification
1
Project:
Quantum Park Lots 15 & 16 (MSPM 05-
009)
Eric Anderson, Anderson Architecture
Quantum Corporate Center LLCP
3601 Quantum Boulevard
Request for Major Site Plan Modification to
complete construction of a partial second
floor of a two-story building, adding
approximately 9,000 square feet of new
office space to the existing 40,000 square
foot building and conversion of the building
entirely to office use
Agent:
Owner'
Location
Description
Chair Wische described the project.
Chris Hair, Project Manager from Anderson Architecture, Inc., 399 W. Camino
Gardens Boulevard, Boca Raton, stated the applicant agreed with all the staff
conditions of approval
Ed Breese, Principal Planner, had nothing to add beyond the staff report and its conditions,
Staff recommended approval with the conditions,
Chair Wische opened the floor to the public for comment and closed it when no one came
forward,
7