Gateway Plaza 01-24-03PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Gateway Plaza
H. Burton Smith
825 Whippoorwill Trail, West Palm Beach, FL 33411
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003
TYPE OF RELIEF SOUGHT: Request for Use Approval for a Gasoline Dispensing
Establishment in the Quantum Park PID.
LOCATION OF PROPERTY: Lot 91, Quantum Park PID
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The App!igant
.Z~_ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The App, li~,ant's application for relief is hereby
t,~, GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the prop. er~v shall be made in accordance with the terms
and cond~bons of th~s order·
7. O her /
DATED: 01-~-0~ ':::. ~..,.~':::)~. ~ ·
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EXHIBIT 'A'
LOCATION MAP
CITY
"NIOTOROL~
OF COMME
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'0 1/8
'0 400 '8oo
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EXHIBIT "B"
Conditions of Approval
Project name: Gateway Plaza
File number: USAP 02-002
Reference: Use Approval.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
Comments: None
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
COA
12/19/02
2
DEPARTMENTS INCLUDE REJECT
1. A tree survey is required. X
2. Environmental review and approval shall be required prior to the issuance of X
an occupational license or certificate of occupancy.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined. ~
MWlVelj
S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\COA.doc
EXHIBIT "C"
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
PETITION FOR USE APPROVAL, PLANNED
INDUSTRIAL DEVEL~)PMENT DISTRICT (PID)
IN RE: GATEWAY PLAZA
I. BACKGROUND
KWB Charitable Trust (Kenneth W. Brown) is the owner of parcel 91 within the
Quantum Corporate Park PI/) ("Quantum"). Lot 91 comprises 6.55acres and has been
designated OIC - Office, Industrial, Commercial - according to the DR.[ Master Plan.
Pace Development Services ("Pace") will be the contract purchaser of the subject
property at such time as the proposed uses are approved by the City of Boynton Beach.
Pace is currently the developer and operator of a number of retail fueling centers and has
a reputation for clean well managed facilties. Pace is desirous of constructing a modem
and very functional convenience store, gasoline pumps and automatic car wash, along
with a fast food restaurant along the High Ridge Road right of way and a diesel fueling
station behind the convenience store. The diesel fueling station is to service the many
tractor trailers that daily pickup and deliver goods to the Publix distribution center. These
drivers currently mus travel some distance, on City and County streets to find diesel fuel
an have the opportunity to get some refreshments. This proposed facility will allow these
drivers to refuel get refreshments at a convenient location next to 1-95 and not disturb
EXHIBIT "C"
Page 2
local traffic on City streets. The balanc~ of the property, 3.04 acres, on the east side of the
subject parcel will remain in its natural state until such time as a use has been determined
!
for it.
II.
REQUEST FOR USE APPROVAL WITHEN QUANTUM CORPORATE
PARK PID
Part III Land Development Regulations, Chapter 2, Section 7.A, of the Code of Laws and
Ordinances of Boynton Beach, Florida (hereinafter "Code"), provides for the intent and
purpose of the PID zoning district as follows:
INTENT AND PURPOSE. A planned industrial development district (PID) is
established. The purpose of this district is to provide a zoning classification for light
industrial development that will better satisfy current demands for light industrial zoned
lands by encouraging development which will reflect changes in the technology of land
development and relate the development of land to the specific site and to conserve
natural amenities. Regulations for the PID are intended t accomplish a more desirable
environment for industrial development in relation to existing and/or future city
development, permit economies in providing public services, allow for economies of scale
in industrial development, and to promote the public health, safety, convenience, welfare
and good government of the City of Boynton Beach. PID districts may contain Mixed Use
Pods with retail, commercial, office and residential components, subject to the design and
approval criteria hereinafter set forth.
Section 7.E provides, in part, for the permitted uses in the districts as follows:
USES PERM/~D. In the PID, a building and its customary ancillary structures and
land uses may be erected, altered and occupied for any office, professional, business
(wholesale or retail), educational institution, adult entertainment in accordance with
Section 11 .M, recreational and attractions as defined for the industrial land use
classification, multi-family residential, and mixed use residential/commercial uses in
EXHIBIT "C"
Page 3
PID's totaling a minimum of 500 acres or industrial use provided that such use or uses
is/are approved by the planning and de.veIopment board. In approving uses in the PID, the
planning and development board shall make findings that the use or uses proposed will
not be in conflict with the performance standards listed in Section 4.N. of these zoning
regulations, and that the use or uses propo, sed is/are consistent with the intent and purpose
of this section. For the purposed of this section, educational institution shall mean a
public, quasi-public or private facility that offers instruction to students for one (1) or
more of the following needs: preschool programming; tutoring; kindergarten, elementary
and secondary grades schooling; higher learning for the purpose of granting degrees in a
particular field and occupational or industrial, technical training .....
Lot 91 has been designed OIC - Office, Industrial, Commercial within the Quantum
Corporate Park PD. The code does not specify permitted uses with the OIC designated
parcels of the PID, however the uses permitted within the PID include many industrial
and commercial businesses. The intent to the PID district is to accomplish a desirable
environment for industrial development in relation to existing and future development, as
well as to promote public health, safety, convenience, welfare and good government for
the City. Pace Development Services intended uses would qualify as commercial uses.
Pace Development Services proposed uses will not be in conflict with the performance
standards of Section 4.N of the Boynton Beach zoning regulations. No use shall be
carried out by Pace Development Services so as to create sound which is in violation of
section 15-8 of the City of Boynton beach Code of Ordinances. No use shall be carried
out by Pace Development Services 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. Pace Development Services
shall not allow the emission of smoke, dust, dirt or other particular matter which may
EXHIBIT "C"
Page 4
cause damage to property or vegetation, discomfort or harm to persons or animals, or
prevent the reasonable use and enjoyment or'property and rights-of-way, at or beyond the
property lines of the property on which the use located. Furthermore, Pace Development
Services shall not allow the emission of' any substances in violation of any federal, state,
county or city laws or permits governing the emission of such substances. Pace
Development Serv. ices shall not allow the emission of objectionable or offensive odors or
fumes in such concentration as to be readily perceptible at any point at or beyond its
property. Pace Development Services shall not 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 ri~hts-of-way, at or beyond the property line o~'their property; or to
contaminate any public waters or any ground water. Pace Development Services's uses
shall not create a fire or explosion hazard to adjacent or nearby property or rights-of-way,
or any persons or property thereon. Furthermore, Pace Development Services certifies
that the storage, use or production of flammable or explosive materials shall be in
conformance with the provisions o~'Chapter 9 oft. he City of Boynton Beach Code
Ordinances. Pace Development Services's uses shall not produce heat, humidity or glare
which is readily perceptible at any point at or beyond the property line of the property.
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 the City of Boynton Beach
EXHIBIT "C"
Page 5
Zoning regulations, so as not to create a nuisance to such residential uses. No use shall be
carried out by Pace Development Services which would dispose 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. Pace Development Services shall not allow the accumulation or disposal
of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach
Code of Ordinances, or which would cause solid waste to be transferred in any manner to
adjacent or nearby property or r/ghts-of-way. Pace Development Services shall not create
electromagnetic radiation which causes abnormal degradation of performance of any
electromagnetic receptor of quality and property design as defined by the principles and
standards adopted by the Institute of Electrical and Electronics Engineers, or the
Electronic Industries Association. Furthermore, Pace Development Services shall not
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. Pace Development Services shall comply with all
hazardous materials and hazardous waste reg-ulations, local, state or federal.
Pace Development Services's uses are consistent with the intent and purposes of the PID
district. In providing the above references service to the community at large, Pace
provides a public service and promotes the public health, safety, convenience, welfare and
good government of Boynton Beach without any adverse impacts on the community.
EXHIBIT "C"
Page 6
Paces's desire to be an integrated member of the community fits in with the intent and
purposed of the PID by accomplishing'a desirable development environment and meeting
the fUture needs of city development by establishing its site within the Qu~tum
Corporate Park PIT).
IlL CERTIFICATION
We understand that this petition and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Division. We hereby certify
that the above statements and any statements or showings in any papers or plans
submitted herewith are true to the best of our knowledge and belief.
Signature of authorized agent
.]un 03 02 ~i: IE.a ~-~':~MER REFtLTY DEV~LOPM~PI]' 5G.:'"306~40
;
h I~L.qTC~ 5~:r~ PE
EXHIBIT "C"
A REP~SENTATIVE MUST ne PRESENT AT ALL TECHNICAL REVIEW
_C_O_MMI_TTEE, PLANNING ,~d~D DEVELOPMENT aoAeo oe CO~eU~arr
hrEDEVELOPMENT AGENCY' (CRA) ANO crrY
REVIEW THIS PROJECT. COMMISSION MEETINGS HELD TO