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APPLICATION ff>>D fNlE!!~~~SReal Estate Developers & Investors Michael Rumpf City of Boynton Beach Planning and Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 i ~ . , ~ , NOV 3 2;'103 Re: Use Change Request L__ Dear Michael, I am hereby requesting the approval for a use amendment to permit a retail bank, for the above referenced property and more specifically described as : A PARCEL OF LAND, IN LOT 1 OF THE PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.LD. NO.1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 57, PAGES 182 AND 183, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 156.06 FEET; THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST, A DISTANCE OF 370.47 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 115.42 FEET TO THE WEST RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT CANAL E-4, AS SAME IS RECORDED ON OFFICIAL RECORDS BOOK 4545, PAGES 1296 AND 1297, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS; THENCE SOUTH 07 DEGREES 10 MINUTES 49 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 372.69 FEET TO THE POINT OF BEGINNING. The current site is used for the operation of an Original Pancake House Restaurant, as shown on Exhibit "A", attached hereto. Our intent is to re-configure the existing restaurant building by adding drive thru lanes. The retail bank would be approximately 4,500 square feet and would contain 2-4 drive thru lanes, as is shown on Exhibit "B" which is attached. Our architect, Ken Carlson, has done a great job of enhancing the overall architecture of the existing building to provide for an elegant looking bank building that would be a great fit along the Gateway Boulevard corridor, as depicted in a conceptual elevation attached hereto as Exhibit "C". O()II --- 00 - ~~/ ....0 / .f t \ 1'1'cP "../' J&() 6 / \ .If llO 1 A pOI" 06/1f / cJ'P' -1 J +? / "lot tJtJ () 001 '2- 6400 NORTH ANDREWS AVENUE · SUITE 500 · FORT LAUDERDALE, FL 33309 · (954) 771.3305 · FAX (954) 771.3442 Currently, there is a lack of retail banks along Gateway Boulevard and this facility would feasibly service the businesses and residences in Quantum Park, and Renaissance Commons, not to mention the entire Boynton Beach area. Per the requirements for a Request of Use Change attached as Exhibit "D" are the performance standards with my justification for each in BOLD. Also, enclosed is a check made out to the City of Boynton Beach in the amount of $500.00 for the processing of this application. Please feel free to contact me with any questions or concerns. Thank you for your consideration. Exhibit "D" Per the requirements Chapter 2, Section 4.N of the Boynton Beach Land Development Regulations, 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. My justification for each of the Performance Standards listed below are in bold. 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. The proposed use of a retail banking operation will not create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. 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. The proposed use of a retail banking operation will not generate ground vibrations at any point at or beyond the property lines on which the use is located. 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. The proposed use of a retail banking operation will not allow for the emission of smoke, dust, or dirt. 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 nonindustrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. The proposed use of a retail banking operation will not createany objectionable or offensive odors or fumes. 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. The proposed use of a retail banking operation will allow for the discharge of any 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 Ordinances. The proposed use of a retail banking operation will not create a fire or explosion hazard to adjacent or nearby rights of way or any persons or property thereon. 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. The proposed use of a retail banking operation will not 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. 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. The proposed use of a retail banking operation will not have any of its users disposing of liquid waste of any type, quantity or manner. 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. The proposed use of a retail banking operation will not cause solid waste to be transferred in any way manner to adjacent or nearby property or rights of way. lO. 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 regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed use of a retail banking operation will not create any electromagnetic radiation. 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. 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. The proposed use of a retail banking operation will not produce any hazardous materials, waste or toxic substances. ~ H t:l:l H 1-3 ~ . . . . ll'1 ;l> en ~ ll'1 r- ll'1 ~ ~ ~ - n ~ H Cd H t-3 3.30 TimeandDateofMeetiDg (01'1 C? ~ (i~ Those atte~eet~: /. I ~ U ~ ,,~ lQ./l-L Applicant's Name: PRE-APPLICATION CONTACT QUESTIONS ~ tJ.A~~ WO.t.t~ Phone: q~...,. 1'1\" 33<J.S 1. HA VB YOM SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT? Yes ./ No (IF YES, HA VB THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? STAFFMEMBERSNAME:E,_ 4t ~ /6- <j _c>(,. LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS) k 2. 1- 'fL IJlJ frP /-.1] s. {J VII 3. WHAT W.5>ULD YOU LIKE TO DO? V NEW PROJECT BUILDING EXPANSION OR MODIFICATION // CHANGE IN PRIOR USE? IS THE STRUCTURE CURRENTLY VACANT? VARIANCE TYPE: POOL OR SCREEN ENCLOSURE COMMERCIAL PROPERTY? RESIDENTIAL PROPERTY? INDUSTRIAL PROPERTY? DO YOU KNOW THE ZONING CODE DESIGNATION? 4. TIME AND DATE PREFERRED 5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? Note: Tell the person that someone from the Department will call them to confirm the meeting. .................................................................................. · Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled no less than two (2) days prior to date/time of meeting. Ifurgency is sensed, discuss with Mike. · Meetinl!s may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p l,doc /' I~ (OJ 2 $fud/ ~J.:kjp~ ~.e,~~/~ 11~ Q1 PRE ..PPLICA TION CONFERENCE -f.-,.;r{ 'FORM Date /~ - /9- t)(, Attending as Applicant Phone Time Started 3: 30 Time Finished ~ tu€I-VL-?2. ~ /::'I::"f) ~t.SoJ\.I Fax Applicant Must Initial for Receipt of Art in Public Places Ordinance 05-060_ and Art Program Info Sheet: Proposed Project Information Proposed Project Name and ~ /1// ~V~7t.utt @ ~ t9NfiII~ ~~ 1-JsE. Type/Use Ur / tf(v~ fJ~ Site Location (Address if Available) Site PCN Existing Zoning Existing Land Use. Density Anticipated Submittal Date Proposed Zoning Proposed Land Use/Density I Vacant Notes and Comments Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements Landscaping/Buffering Non-conforming Use or Change in Use Other Zoning Changes Required Hazardous Material Notes/CommentslRecommendations ~ /J1tqouf'EZ) ~ ~ /,f/t/)I-h~ 1J.IrE Ie $rJ~ ,s,01lJ>-t~ 'AJeJ) ~ JI1- ~ ~(/e ~ ~/UJ~.Pl;.. ~(r.;1) tIE NbTtTH- JIPe 1HF;:. ~/411 ~ W#ftH ~ I-HtcJ€. Tf'(J-o ~()t2 -7J#ta.-- ~ /-hfzJ1P(, ~ AtI..uJ~ ~ '5 ~ SJ7tH!N.I>>tJ, ~ ~ 7/fl!::7t) tJX.;e A71tIf ~ ~ ~ ~-/J7f.U,8 ~e. TH€ ~Tl!l2r ~ M/~ ~ 7?; ~ ~ 1fJ e>II~ ~ dF l?*!>nPli ~nxr- ~ ~ Ihn6 ~ IT ~ A-fln-rA<1~~ 77) ~ ~n~ ~~. bt~~ Ll.S-4-P bfrA M.$P"WI PJu~. NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review. S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc " PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: TIME: ATTENDING FOR APPLICANT: NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review. City of Boynton Beach Attending for Applicant Attendine Staff S:\Planning\Planning\Pre-App Form pp 1-3\Pre-appllcation Form p3.doc Lof~ 'Bfr1J~ tJ5/rP. 1V\5PM 4.f~.4J PRb-APPLICATION CONFEREkcE REV1L N FORM I Date (tJ ri.-/ -06 Attending as Applicant Phone Time Started f.. ~~ .:r It2 f:.l:> W ~ iJ...N ic Time Finished ~ ~DD Fax Applicant Must Initial for Receipt of. xi- Art in Public Places Ordinance 05-06.~ and Art Program Info Sheet. . proUed Project Information Proposed Project Name and Type/Use ~ Site Location (Address if Available) Site PCN Existing Zoning b I c. Existing Land Use.Density Anticipated Submittal Date Lot 1- BJr0 K- Lo r 1... Q IAAAt!vw,., P /hl.lL , Proposed Zoning Proposed Land Use/Density / Vacant Notes and CommeI rrBH r~ll]\rKl~[S ______ ,____ I ~ (JL ,"AC E<T^,cm;VEW"',il & ""'$00" 6400 N, Andrews AveJue. Suite 500 Ft. Lauderd~le, FL 33309 954-771-3305 Fax 954-771-3442 email Jweiner@1pehhent.com JARED \VEINER Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements LandscapinglBuffering Non-conforming Use or Change in Use Other Zoning Changes Required Hazardous Material ~ ~~ 1+t~d4 ~ f.JR ~~ ~~ 4d~ /"h ~~ s~ClAcIt(,_ " NOTICE: The purpose of this conferen e shall be for staff and applicant discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review. S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc .,' .' PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: TIME: ATTENDING FOR APPLICANT: NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual lans submitted for review. City of Boynton Beach Attending for Applicant Attendin Staff ,/".J(.. \!,i.G'!2- S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p3.doc 't,,,,,,,. 1-c,.,;-' PROJECT NAME: Quantum Park Lot 2 (Original Pancake House) LOCATION: PCN: 08-43-45-17-06-000-0012 I FILE NO.: USAP 07-001 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Jared Weiner ADDRESS: PEBB Enterprises FAX: ADDRESS: 6400 N. Andrews Avenue PHONE: Suite 500 Ft. Lauderdale, FL 33309 FAX: 954-771-3442 PHONE: 954-771-3305 SUBMITTAL / RESUBMITTAL 11/3/06 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE/ SIGNS 30 days / 10 days IPARC: TART MEETING: LEGAL AD PLANNING & DEVELOPMENT BOARD 1/23/07 MEETING: COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING: 2/20/07 COMMENTS: - S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001 \2006 PRe ~ ~op-~" ~ ~( Tt'J gu~ AJ:)~(!f {).JtT1/- ~. ~