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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 :::::::::--;: ~ D e Location Map Quantum Park Lot 3 EXHIBIT flAil C3 N .~ w~. s 65/06/2004 12 52 5616895l::f';9 WINSTON LEE Assr {~......., I 1,;=J:711 4-. ./"11TIS!tOn .Lt€ ~~SSOclat{ 'S, Ine EXHIBIT "Su L.lnd. ~C~ .\r,-I~ (__:UI'-: _.1 .j ?:.uirun:: :" ,1.( C :. 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, 9:>>,-(. 15u .rJ(rro-v · Jom Bonkn an. AfCP Project Plw ner ill 2 nw~W :~..., -~ !;-. ..., j ~ II:r~OJr~ l~ ~ fJ .'.~. ~ 1 LU L '~~~~~,' DePARTMENT OF DEVELOPMENT ce. Mic lael Rumpf Rot ~rt Burrow i ---- ~ 1:1: OltJ Of..';':l:hub..:.. R.\,lld S\,lit~ 106, W~~t Pul{1~ Ae:J.ch. FL 33-1-09-:5270 Td SrI! -o:N.46iO Fu:'t.sf} l.(,~,} SS59 · E-mail: \\o'lnstonwl:,lIt.!-UIJ!...:om 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 , I fir I ; I: I II', : 'lJL~ I" ~ r~ [' I'll' r" ,"',', ". j !" .l, . , [' I f'\ I ------.-.-', I' . I i J l SEP I 42(0) :1...) L___ J PL/\ ~ '\ jG AND r 'GDE':)T -~_. '-- 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 .. .. (~ 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