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
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Location Map
Quantum Park Lot 3
EXHIBIT "A"
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~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
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BOWLES . E!-f;CT~~~
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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