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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-203 STAFF REPORT FROM: Chair and Members Planning and Development Board Michael RumPf\"lU~ Director of Planning & Zoning Ed Breese ~ Principal Planner TO: THRU: DATE: August 16, 2004 PROJECT NAME/NO: REQUEST: Quantum Park DRI / (USAP 04-005) Use Approval - Lions Club Meeting Hall PROJECT DESCRIPTION Property Owner: Bocar Property Incorporated Agent: Aaron P. Bowles, President, Boynton Beach Lions Club 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: Lions Club Meeting Hall 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 (LDR) land 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) land use designation, zoned Planned Industrial Development (PID); East: Right-of-way for LWDD E-4 Canal, then farther east developed property (Masonic Lodge) with an Office (0) land use option, zoned Planned Industrial Development (PID); and Quantum Park DRI Lot 3 (USAP 04-005) Staff Report Memorandum No PZ-04-203 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. Aaron P. Bowles, President of the Boynton Beach Lions Club, has submitted an application for use approval in the Quantum Park Planned Industrial Development (PID) (see attached location map - Exhibit "Aff). The proposed change to the list of permitted uses would be worded as follows: . Lions Club Meeting Hall 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 provided 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 (see Exhibit "B''). 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 04-005) Staff Report Memorandum No PZ-04-203 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 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. 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 Quantum Park DRI Lot 3 (USAP 04-005) Staff Report Memorandum No PZ-04-203 Page 4 Association. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed 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 indicates that 107 parking spaces were required and that 132 or an excess of 25 parking spaces were provided. Earlier this year, Medical Offices were added to the list of permitted uses for Lot 3, and last year use approval was granted for 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 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, 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, requiring 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. This spreadsheet would be submitted as part of the building permit and occupational licensing process in order to help mitigate any future parking problems. Also, according to the developer, each tenant lease or sales agreement would require a copy of the spreadsheet and that document would be submitted with an application for occupational license. This spreadsheet would be maintained and continuously updated by the property owner or the property owners association. It would indicate the amount of provided parking Quantum Park DRI Lot 3 (USAP 04-005) Staff Report Memorandum No PZ-04-203 Page 5 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" for review by the City (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 is to allow the very specific use of a meeting hall for the Lions Club under the "Office" land use option in Lot 3 in the Quantum Park PID. The City has previously approved an addition to the Quantum Park Use List for a "meeting hall", the Masonic Lodge, under Use Approval application USAP 99-005. However, the Use Approval was specific to the Masonic Lodge, not meeting hall, clubs or organizations in general. The meeting hall, like dance instruction/gymnastic uses previously approved, does not have the same general hours of operation typically found in office and industrial businesses and complexes. The meeting hall traditionally operates after typical businesses have ceased operations for the day or on the weekend, 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 of staff that the requested use would be consistent with the intent and purpose of the Office designation in the Quantum Park PID and could be located on any parcel containing Office (0) as one of the land use options. 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. 5:\Planning\5HARED\WP\PROJECT5\Quantum Lot 3\U5AP 04-005 Uons Club\5taff Report.doc ~ u [~ Location Map Quantum Park Lot 3 EXHIBIT "A" D C3 N -- .-<r, s ~XHIBIT B BOYNTON BEACH LIONS CLUB 3615 West Boynton Beach Blvd., Boynton Beach, Florida 33436 PHONE 732-9664 Meet With Us Tuesday - 6:30 P.M. June 3,2004 City of Boynton Beach Boynton Beach, FL JO}~~ ~ U w ~l~ . . JUN 9 2004 Il~ Re: Property Purchase Lions Club To Whom It May Concern: The Lions Club of Boynton Beach, Florida is purchasing a property in the warehouse center known as West Quantum Plaza. This property, 2439 Quantum Blvd, is being used to serve as a common meeting area for the members of the Lions Club to carry out their mission statement and take care of any business at hand. The property will abide by all zoning codes such as: 1. Property will not be a nuisance or hazard to any persons, animals, vegetation or property located on or nearby property. 2. Will not create any vibration, noise, smoke, dust, toxic or noxious matter, odors, etc. 3. No chemical hazards, explosive materials, liquid waste discharge, or solid waste accumulation. 4. No heat, humidity or glare shall be carried out. 5. No Electromagnetic interference shall be carried out to create electromagnetic radiation which would cause abnormal degradation of performance of any electromagnetic receptor. 6. We will not generate any hazardous waste or have hazardous materials. Should we encounter such materials, we will follow Federal Regulations and local code to properly dispose and report such findings. The Lions Club recognizes the local zoning requirements and will abide by these statutes. We sincerely request from the City of Boynton Beach approval to purchase this property for the intended use of holding our weekly meetings. If you have any questions regarding this memo or our intensions for this property, please feel free to contact me at the following number: (561) 732-3026. Ccil'- . <:'1(_ / /:J_~ /. AARON P. BOWLES JIO ~.r- //V PRESIDENT -~ BOWLES . E!-f;CT~~~ .---.-.....,/. RESIDENTIAL' COMMERCIAL · INDUSTRIAL PHS6 1 -732-3026 FxS61-732-61 33 413 N.E. 3RD AVE. BOYNTON BCH FLORIDA 33435 EXHIBIT "C" Conditions of Approval Project name: Quantum Park DR! Lot 3 File number: USAP 04-005 Reference: Quantum Park DR! Use List Revision Request (Lions Club) DEPARTMENTS 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/ENVIRONMENTALIST Comments: None PLANNING AND ZONING 1. The owner of Quantum Park Lot 3 has agreed to monitor the future business of each tenant and their required parking. This monitoring system would be accomplished by using a spreadsheet. This spreadsheet 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 requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 04-005/Lions Club\COA.doc