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LEGAL APPROVAL TIU City of flJoynton 13eac/i 100 'E. 'Boynton 'Beadi 'Boulevard P.O 'Bo~310 'Boynton 'Brodi., rCoriifa. 33425-0310 City:Jf.alL (407) 375-6000 rJU. (407) 375-6090 ~/ July 18, 1996 James G Willard, Esq Shutts and Bowen 20 North Orange Ave , Suite 1000 Orlando, Florida 32801 Re Quantum Park PID File No USAP 96-002 Location West Corner of 1-95 and Gateway Boulevard Dear Mr Willard, Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for use approval for new and used car sales on certain commercially designated lots i specifically lots 76, 77, 78, 79 and 80 Should you have any questions concerning this matter, please feel free to contact this office at (561) 375-6260 Sincerely, ~l j t7L-~)/)i/f'l CL -Ai.. - Tambri J Heyden, AICP Planning and Zoning Director TJH dar Enclosures xc Central File a develord Quan ~merU;a s (jateway to tfu (julfstream 1/) J.- ~ v '1 . /i~ ;t.-jLL 1-1 ~, 1( n/(j ev i/1 (J / ~~L(r DEVELOPME~TORDER u' ~ r H V CL~Jj ~G< "- OF THE r L- ;./c. ~ ~i 1l1" /'']: ;; CITY COMMISSION OF THE CY'- ~ C ~l1U(I/rJ, - , CITY OF BOYNTON BEACH, FLOI /) ~, ~M I,)-t { j eM./ ~11 Ut1 {WI (vV -I I'm APPLICANT QUANTUM PARK PID ,}Jj.fWJ/U ,"wilcd::-&- APPLICANT'S AGENT James Willard, Aaent for Quantum Associates .! .I " . ...,.,~ l ._." ~. --___._.1 DATE OF HEARING BEFORE CITY COMMISSION July 2.1996 TYPE OF RELIEF SOUGHT Reauest to amend the list of permitted uses for the Quantum Corporate Park PID to allow used and new car sales on certain commercially desianated lots within the PID. specifically lots 76. 77, 78. 79 and 80. LOCATION OF PROPERTY West corner of 1-95 and Gateway DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO 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 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations 2 The Applicant _x_ HAS HAS NOT established by substantial competent evidence a basis for the relief requested 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent eyidence are as set forth on Exhibit "C" with the notation "Included" 4 The Applicant's application for relief is hereby _x_ 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 property shall be made in accordance with the terms and conditions of this order 7 Other' )J/~ , DATED' July 16. 1996 ~d"""'" ~.~'''2L. City lerk C:a-a.1rm _.112~ Quantum.PlO EXHIBIT "e-" Conditions of A)proval proj ect name - Quantum Park PID File number USAP 96-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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 Comments 1 New and used car sales use approval is subject to approval of rezoning of PCD ~ Center to PIO 2 New and used car sales use approval is subject to approval of the change in land use designation of lots 76, 77, 78 and 79 from industrial to V-- industrial/commercial and lot 80 from office to industrial/commercial 3 New and used car sales use approval is subject to compliance with the Quantum L/ Corporate Park ORI development order 4 New and used car sales is subject to V environmental review 5 New and used car sales use approval is ~ limited to lots 76, 77, 78, 79 and 80 Page 2 Use Approval Quantum Park PID USAP 96-002 - DEPARTMENTS The loadlrg/ unlcadir.g area and the service/staging area designated on the prelim~nary site plan shall be identified as storage area and limited to fifteen (IS) percent of the site as specified in the PIn regulations (Section 7 E 1) Further, it is recommended that these areas be screened from public view by enclosing them on all sides, except for ingress/egress, with a solid six foot tall concrete or masonry wall that includes a 10 foot wide dense vegetative buffer on the outside of the wall (buffer to include upper, mid and low level landscape material) rather than fencing the areas The recommended 10 foot wide landscape buffer may be included within the width of the required peripheral greenbelt Prior to site plan submittal of the CarMax, submit a master plan modification, pursuant to a previous approval condition, for the required peripheral PID greenbelts to include dense vegetation comprised of upper, mid and low level landscape material along the 1-94 frontage of the site including the area west of the existing Quantum Park freestanding sign Exterior loud speakers and exterior paging systems installed on site are prohibited ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6 7 8 1 Comment #6 shall be reworded to require that service and staging area shall be fenced and landscaped to create an opaque screen from public view of the service and staging area Fencing and landscape designs shall be determined during site plan review Comment #7 shall be recorded to require that within 90 days of use approval, rather than prior to site plan submittal of CarMax, a master plan modification shall be submitted pursuant to a previous approval condition, for the required peripheral PID greenbelts to include dense vegetation comprised of upper, mid and low level landscape material along the I-94 frontage of the site including the area west of the existing Quantum Park freestanding sign 2 ADDITIONAL CITY COMMISSION CONDITIONS 1 To be determined TJH/d~m a ComDep~ Cua INCLUDE REJECT ~ ~ ~ / / ,}/A MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUL V 2, 1996 order not to alter the vested trip generation that we have in Palm Beach County, we will add a line saying that the vested tnps for the project shall remain at 63,752 ~ Mr Willard advised that at Mr Stewart's request he agreed to add Treasure Coast Regional Planning Council and the DCA to the end of paragraph 3, section 2 of the ordinance If the Intersection of Park Ridge and Gateway were to exceed 2,300 peak hour trips it would require further approval by the city, the Treasure Coast Regional Planning CouncIl, and the DCA. Also the ordinance would reflect the amendments that he dIscussed In his earlier presentation Motion Commissioner Bradley moved to find that the proposed changes do not constitute a substantial devration under Florida Statutes, that no further DRI review is necessary, that the revised master plan does not constItute a substantial change. and that an amendment to the development order, which IS the ordinance on tonight's agenda, be issued subject to the revisions that Mr Willard discussed with the Commission Vice Mayor JaskiewIcz seconded the motion. which carried 5-0 City Attorney Cherot read Proposed Ordinance 96-33 by title only Motion Commissioner Titcomb moved to approve Proposed Ordinance No 96-33 on first reading. Commissioner Bradley seconded the motion A roll call vote was polled by the City Clerk The motion carried 5-0 VIII. DEVELOPMENT PLANS Description "-1 e))/, Quantum Park PIC " q 0 ,- l.0 r ,(' I\Y~ James G Willard l \ -:; n Quantum Associates v West side of the intersection of Gateway Boulevard and High Ridge Road Use Approval Request to amend the list of permitted uses for the Quantum Corporate Park PJO to allow used and new car sales on commercially designated lots within the PID C Project" Agent: Owner" Location 35 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 See discusSion under Item VI A. Motion Vice Mayor Jaskiewicz moved to approve the request to amend the list of permitted uses for the Quantum Corporate Park PID to allow used and new car sales on commercially designated lots within the PIO subject to staff comments Commissioner Tillman seconded the motion In response to Mayor Taylor regarding the specific lots Ms Heyden advised that this specifically refers to lots 76, 77, 78, 79 and 80 Ms Heyden advised that Mr Willard and she have agreed to delete Planning and Development Board comment number 2 on Exhibit G, which reinstates comment number 7 of the staff comments This pertains to the issue Commissioner Bradley brought up regarding the greenbelt. They have agreed to turn in that greenbelt comprehensive plan prior to the site plan approval for CarMax in the event the site plan comes in before 90 days In that case, City Attorney Cherof stated that comment number 2 would be rejected Vice Mayor Jaskiewicz restated the motion Motion Restated ~e Mayor Jaskiewicz moved to approve the request to amend the list of permitted uses ~~\he Quantum Corporate Park PIO to allow used and new car sales on commercially desIgnated lots within the PIO, subject to staff comments Commissioner Tillman seconded the motion, which carried 5-0 City Attorney Cherof thanked Mr Stewart for coming from Taltatlassee to this meeting Description I rus ar James A. Hamilton III - CCl Consu East Side of Lawrence R , pproxil1J-ately 1, 7pO feet north of Gate ulevard f'^ Y \\[11) ~ 1--> w '3 M an Modification Request to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet, reduce the non zero line Side bUIlding setback from 15 feet to 11 feet Agent. location 36 MEETING MINUTE.. SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 Knuth Road peD Major Site Plan Modification for Signage - This board's recommendation regarding curved tops for all signs and substituting Sign 8 and 0 to lower the size of the sign was approved by the City Commission Discussion Item Relating to Telecommunications Ordinance - This Ordinance was scheduled for second reading at the last City Commission meeting It IS being readvertised and will be back before the City Commission on July 2. With regard to this item, the Planning and Development Board discussed the possibility of a half-mile radius or a one-mile radius between poles Ms Heyden mapped thIS, and found that a one-mile radius was very, very large Her recommendation IS for as half-mile radius. Mr Aguila questioned whether when it was mapped out, there would still be room for a "toothpick factory" Ms. Heyden responded that there are a lot of sites, but this use IS subject to conditional use approval The sites are scattered and some are as close a one- quarter mile apart. 6. OLD BUSINESS. None 7 NEW BUSINESS. A. SUBDIVISION Master Plan Modification 1 Project: Location Agent' Owner' Description Quantum Park PIO West side of the intersection of Interstate 95 and Gateway Boulevard James Willard, Shutts & Bowen Quantum Associates Request to amend the previously-approved PID master plan in connection with an amendment to the DRI to add 13 17 acres (the PCO Center subdivision) to the PIO boundaries and change the use designation from office to commercial/Industrial use, add the option of commercial use to the existing use designated for lots 65A, 658, 66, 67A, 67B, 67C, 68A, 68B. 69, 70. 72, 3 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 73A, 738, 74-79, 83-85, and 91, and change the use designation of lots 58, 59, 60, and 61 from Commercial to Industriat/Research and Development/Office James Willard. Attornev for Quantum Associates. introduced Steve Godfrey of Kimley- Horn Mr Godfrey IS Quantum Associates' transportation expert and the analyst who prepared the traffic report. Unlike the previous matters previously addressed by this board which dealt with the use approval for the CarMax site and the rezoning of the three lots coming into Quantum Park, there are three primary objectives to the DRI amendment request. 1 The first objective is to bring the three lots into the DRI that were the subject to the rezoning and use approval. These are Lots 80,81, and 82. 2. The second objective is relative to Quantum Associates' desire to relocate and expand the land area on which commercial development would be a permitted use Mr Willard displayed three charts. One of the charts reflected the existing master site development plan for Quantum Park as currentfy approved. The last approval date was October 28, 1994 which was when the school site was approved. Highlighted in red on that chart was the location of the existing lots on which commercial use is a permitted use On the same chart, the cross-hatching indicates the lots which have office and hotel as permitted uses The second chart reflected the applicant's request. This request involves a relocation of the commercial area of Quantum Park from the area on Quantum Lakes Drive into an area which is the 1-95 frontage and around the intersection of Gateway Boulevard and Park Ridge Road This chart showed three of the lots highlighted in red which were already zoned commercial from the existing approval, four lots highlighted in yellow indicating the CarMax project, and the additional lots involved in the request. In response to Mr Aguila's question, Mr Willard explained that the first chart indicates 29 7 acres of commercial. The second chart proposes 70 to 80 acres of commercial. The third chart identified the land use type and amount of density of approved land uses per the 1984 approved DRIIADA. The square footages indicated are as follows. . Industrial Commercial Office Hotel 4,443,120 square feet 426,888 square feet 1,685,772 square feet 400 rooms . . . -+ MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 It came to the applicant's attention during dIscussions with the Regional Planning Council that they wanted these square footages utilized in the transportation analysis when projecting buildout of the entire park. how many trips, and what kind of land use category it comes from The applicant went back to the original DRI as opposed to taking acres of land and multiplying it by the highest FAR (Floor Area Ratio) The square footages shown are reflected in the transportation analYSIS, and the applicant is In agreement with recognizing them as the maximum permitted categories of those land use types in the Development Order 3. The third objective of the amendment is to comply with a requirement rn the 1994 Development Order that requests the applicant to come back and do a traffic analysis of the intersection at Gateway Boulevard and Park Ridge Road Mr Willard read the following from the City Ordinance which was adopted two years ago when the high school use was approved and a DRI amendment was prepared "As part of the next DRI amendment, the developer agrees to perform a transportation analysis of the intersection of Gateway Boulevard and High Ridge Road That analysis shall be based upon the most-recently proposed land uses within the DRI and shall be acceptable to the City, Treasure Coast Regional Planning Council, and the DCA. If the transportation analYSIS projects a deficient level of service at the intersection, the developer shall perform such mitigation as necessary to bring the intersection up to an acceptable level of service. Such mitigation may include intersection improvements or preferably. additional roadway access to Gateway Boulevard for the lots in the southeast portion of the project." The reason this was included in the DRI amendment is that when the high school was approved. it required an elimination of a section of Park Ridge Road What was a loop will become a cul-de-sac when that section of the road is eliminated There was a concern over the traffic implications of that elimination of roadway In order to accommodate the School Board, the traffic analysis was postponed until the next DRI amendment. The primary focus of the report was to analyze the impacts of closing the road, determrne if there is enough access to Gateway Boulevard, and what might have to be done to improve the performance of the intersection Mr Willard explained that the City Commission, as the local government, issues the Development Orders and determines what is approved in a DRI The Regional Planning Council acts as a clearinghouse to coordinate input and comments from any agency having an interest in commenting on the DRI The Department of Community Affairs is the only agency that can appeal a decision of the City The applicant can also appeal the City's 5 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 deCISion The application for an amendment to the ORI was sent to the Regional Planning Council which wIll coordinate comments from Palm Beach County, FOOT and DCA. The applicant has been dealing with the Regional Planning Council, Palm Beach County, FOOT and the CIty The applIcant has been In touch wIth DCA Their primary concern relates to traffic They are awaiting comments from FOOT The purpose of getting all of the comments IS to provide Input so that the City can evaluate and make a determrnation It is not necessary to have a consensus by all of the commenting agencies Mr Willard does not believe there will be any objection to the applicant's first objective to add Lots 80, 81, and 82 to the DRI Mr Willard explained that what Quantum is trying to achieve is greater flexibility In marketing the property There was a total of 426 888 square feet originally approved for the DRI The applicant proposed to adhere to that ceiling The Regional Planning Council believes that the originally-approved hotel square footage (400 rooms) is incorporated Into the commercial number The conversion ratio is 268 square feet per room If 400 rooms were built, that would amount to slightly more than 100,000 square feet which would be applied against the cap The applicant agrees with that. Quantum is hopeful that there WIll be one or possibly two hotels built somewhere near the Intersection of Gateway Boulevard and 1-95 Quantum IS attempting to relocate the commercial to the area where they feel commercial IS inclined to be concentrated They do not believe it is in the area along Quantum Lakes Drive It is unknown why the commercial was located In that area. The most likely place for commercial to take place would be in the area proposed in order to take advantage of 1-95 visibility and the activity around the intersection With this change, there will be over 200 acres left in Quantum Park for industrial and research and development. With the anticipated development of CarMax. Quantum would like the flexibility of accommodating commercial users should they wish to locate in Quantum No users have yet been identified Steve Godfrev. reaistered Professional EnQineer. Kimlev-Horn & Associates. explained that the Development Order specifies what the traffic study was to undertake Because of the cutting of Park Ridge Road, there was only one access available for the eastern portion of the southern part of the development. The goal was to identify to what extent the existing intersection would accommodate the proposed development. If that was not adequate, it would be necessary to identify the improvements needed and the timing for those Improvements. During the study, it was found that the intersection, as it currently exists, will need improvements However, it is an adequate intersection for access for the site Two studies were conducted Each of the studies targeted the same purpose of evaluating the 6 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 Intersection Both studies used different methodologies, but both came to the same conclusion The original study did not conform to the way some of the reviewing agencies preter to see the study done The applicant took advice from the Regional Planning Council in terms of the method they like, and from the Department of TransportatIon In terms of trip generation rates As a result of application of the process, the applicant Identified improvements that are needed for the intersection It is important to note that the land use that has been evaluated in the analysis is the one listed on the charts The traffic study Includes the effects and impacts of the full amount of development Mr Godfrey advised that the transportation study Indicated that in order to accommodate the proposed land use, the flexibility proposed In the plan, and the limitation of one access point on Gateway Boulevard the follOWing is necessary 1 At 1 ,200 peak hour trips, a southbound dual left must be provided ThIS would be coming from the north, heading south going toward 1-95 This IS a simple project which includes restriping existing pavement to make two left- turn lanes. 2. At 1 ,300 peak hour trips, it will be necessary to provide a second fight turn lane in the northbound direction The right-ot-way is available The developer owns the property and can make those improvements 3 The next improvement would be the addition of a southbound right turn lane, at 1,935 peak hour trips, coming from the north heading south This will take the project to 2,300 peak hour trips These are trips associated with Park Ridge Road The applicant has created a scenario of levels of development which is dependent on access in this location, and determined at what total number of trips the improvements are required to make the intersection work The analysis is conservative because it includes a significant amount of thru-traffic growth on Gateway The applicant has been undertaking coordination with the review agencies as It relates to the studies. The applicant learned of concerns relative to the first study, and responded to those concerns in the second study The first study was provided in April, and the new study was provided on June 10, 1996 On June 19, the County provided a letter expressing continued concern The County was contacted the following day and the applicant learned about their concerns. The County looks at the changes from a single perspective as it relates to their authority Under the Traffic Performance Standards, the issue is whether or not this proposed project 7 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 will generate more trips than what was approved. The plan is that it will not generate more trips The eXisting entitlements will not change Mr Aguila questioned whether or not an argument exists based on the fact that by concentrating so much potential commercial use to that one Intersection, more traffic may not be created In the entire Park, but the traffic demand is intensified af that one intersection The suggested Improvements may not be sufficient to deal with that intersection so close to 1-95 Mr Godfrey said that by locating the commercial in this location, the Regional Planning Council transportation consultant suggested that the orientation of the commercial may be more toward 1-95 than if it were In the original location As a result, when the study was updated the applicant assumed that a significant increase in activity would occur between the area and 1-95 There will not be more trips through the intersection than there would have been However, there will be a change in traffic pattern That change in traffic pattern (or intensification) has been taken into consideration in evaluating the intersection In addItion, there is an extra margin included because the applicant included the impact of the hotel square footage In the analysis That impact no longer exists because it is already Included in the commercIal square footage Vice Chairman Golden noted that it appears the relocation of the commercial along the 1-95 corridor would attract more external trips Mr Godfrey agreed that this is a possibility However, he feels it depends on who the ultimate users are in the location In the case of the analysis, no internal capture was taken All of the commercial activity that is being generated is traveling through the intersection and leaving the development. Mr Godfrey advised that in updating the analysis, consideration was given to DOT's comments Mr Willard met with DOT and they have not had an opportunity to review the June 10 report. They are working on it now There were discussions relative to what was addressed, their concerns, and the approach that was taken They were in agreement with the concept of the approach that was taken Treasure Coast recommended the revised methodology to the applicant. The applicant FAXED the revised report to their consultant for review before finalizing it to make sure that they were addressing Treasure Coast's concerns Their consultant is still in the review process All of the agencies that are reviewing this proposal will agree that the improvements recommended, and the staging recommended, will.provide the desired and appropriate level of service at the intersection to provide an adequate access Mr Willard distributed an alternative version of a motion for approval to make it easy for the members to review the differences between what the applicant is seeking versus what staff recommends. (A copy of that material is attached to the original set of minutes on file in the City Clerk's Office) 8 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 Mr Willard explained that in order to implement the requested amendment another Ordinance must be passed The application process requires submittal of a proposed Ordinance Mr Willard reviewed the packet contaIning the draft OrdInance which was part of the June 11 submittal He asked the members to look at Page 3, Section 2 which Identifies the terms of the requested proposal ParaaraDh 1 recites that Lots 80, 81, and 82 are hereby added and incorporated into the DRI (This was the first objective he spoke of earlier) ParaaraDh 2 incorporates, by reference, master plan amendment #6 This refers to Chart #2 which Mr Willard had on display This chart contains the descriptions of the land use classifications Paraaraoh 3 includes the trigger for making sure the intersection improvements are performed. It references the Kimley-Horn study and lists the intersection improvements as that portion of the project served by Park Ridge Road exceeds certain trip generation levels Paragraph 3 continues to list the different levels and identifies the necessary improvements to be made Since the June 11 proposed Development Order was drafted, and as a result of the staff report, discussions with other agencies including the Regional Planning Council, and the letter received today from them, Mr Willard commented on additional terms he agreed to incorporate into the proposed Development Order' 1 Lots #53 and 54 were bought by the School Board and mistakenly not labeled Government and Institutional That has been changed 2 This is a mechanism for letting the City know how many trips are going on and when the improvements are needed The applicant has proposed a mechanism whereby, "Concurrently with the submittal of a building permit application for any lot, the applicant must submit, in writing to the City, an indication of the number of trips being generated by any use on any of the tots (commercial or otherwise) For any lot on which commercial is an approved use and it is served by Park Ridge Road access, the applicant must provide information on how many trips will be generated and the impact of the cumulative number of trips every time a building permit application is submitted 3 At the request of the Regional Planning Council, the applicant shaded in the area of Park Ridge Road that will be closed 9 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 when the high school is bUilt The shading carried over slightly too far The applicant will cut back approximately l/S" so that the cul-de-sac between Lots #45A and #46A stays open to public traffic. 4 With respect to any commercial development proposed on Gateway Boulevard, the applicant wit not increase the number of freestanding signs above one per lot, or the number of access points to Gateway Boulevard than IS currently anticipated (one access point per lot with cross access encouraged) The applicant will try to beef up landscaping on any commercial use on Gateway As a result of the Regional Planning Council letter to Ms Heyden, there were three recommendations One recommendation dealt with parcels 53 and 54 That has been addressed The second recommendation is that the hotel use should not be considered a separate use, but part of the commercial The applicant will add a term in this regard The third recommendation requires that the maximum square footage for the development (industrial, commercial and office) be identified on the face of the master plan The applicant has done that for commercial, but will add office and industrial as well The applicant requests approval of the proposed Development Order as modified Mr AgUila stated that he does not object to the relocation of the commercial areas from the originallY-Intended areas However, he pointed out that at the present time, he enjoys the view along 1-95 because the Quantum Park side of the highway looks so nice He enviSions that this proposal could cause a degradation of that area so that it will look disastrous Although the applicant is willing to limit the signage to one sign per site, Mr Aguila would prefer that the signs would be one freestanding sign per site on the main road access way (High Ridge Road or Park Ridge Road) He does not want to drive along 1-95 and have to view groups of open bays, lots of activity, and lots of roll-up doors with industrial uses He is concerned that by concentrating all of that potential commercial actiVity along this corridor, that is what we will wind up with In addition, Mr Aguila is not convinced on the traffic issue at the intersection of High Ridge and Gateway He feels it will be a nightmare There are only 600 or 700' from the exit of 1-95 to that intersection Everyone gorng into that area will go through that intersection and leave from that intersection When the road is closed off because the school is built, Mr Aguila does not believe that intersection will be adequate for access He questioned whether any consideration was given to opening up along the side of the Publix tract (Lot 55), going across the lake and out to Quantum Lakes Drive Mr Willard said that issue arose two years ago when the high school proposal came 10 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 through The Fire Department raised the Issue relative to emergency access Mr Willard explained that Mr Aguila's suggestion IS not possible because the applicant does not own or control that property The likelihood of Pubhx or the School Board donating land to build a road is not feasible Mr Aguila questioned whether it would be physIcally possible to put In a road Mr Willard did not have an answer to that question however, he said this suggestion has been looked at because the question has been asked At the map, he Indicated the Publix lot, and the lake It would be necessary to take off from Park Ridge Boulevard, through the Publix property around the lake, and either stay wlthm the Publix property or go through part of the School Board lots, go around another lake and tie into Quantum Lakes Drive Mr Willard does not believe this is a feasible alternative In addition, nothing in the traffic analysis mdicates a requirement for such a deCIsion Projected buildout of all of the square footages says the traffic can be accommodated with the Improvements identIfied by the applicant. Twenty-three hundred (2 300) peak hour trips become a self-enforcing constraint on the developer Once the Intersection is maxed out, the developer cannot sell the remaining land Mr Aguila agreed that Mr Willard's pomt is defendable He still has concerns about how the concentration of commercial use will aesthetically affect the 1-95 corridor In addItion staff has concerns about further subdivision of the lots Mr Willard feels the 1-95 frontage will attract wholesale type users similar to CarMax These will be destination type uses. The developer does not anticipate further subdivision of the lots because of the nature of the users On Gateway Boulevard, it is possible that a retail user may not want 2V2 or 3 acres If any of the lots are subdivided, it will be one of the lots on Gateway This is another reason why sign control and limited access are important. Mr Aguila pointed out that although the developer agrees to limited access and limited signage, Item #4b of the motion says there will be one access point per lot. If the lot is subdivided into two lots, there could be two accesses and the applicant would be in compliance Mr Willard said that was not his Intention If one of the lots is subdivided, there will be one joint access point required (internal driveway to come out of the same point with an ingress/egress easement common to both) Mr Willard said Item #4b can be changed to reflect his intention Mr Willard added that if there are two users on a lot, there will be one sign with two panels and one driveway The limitation is to have one access point and one sign per land area comprised of the existing lot dimensions as they are today With regard to the comment about the aesthetics of the 1-95, if this land is not commercial, an industrial or office user could go in and build it out. There is no specific sign control presently He recommended that for commercial users on lots fronting 1-95, other than 11 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 CarMax, sign control should be made a condition of site plan approval that comes back before the board with a limited conditional use The landscaping can be handled the same way Landscaping and signage create the view to the traveling public. Ms Heyden confirmed that sIte plans come to the Planning and Development Board However, she feels the standards need to be set now when there IS control Mr Aguila explained that it IS difficult to set standards for appropriate landscaping or signage without seemg what will be done on the site Ms Heyden advised that landscaping will be taken care of when the City gets the greenbelt plan Mr Willard explained that those plans will allow design flexibility so that when a user comes In, the greenbelt can be customized to the particular use Mr Aguila pointed out that there still must be an element within the greenbelt to tie all of Quantum Park together Mr Willard agreed with that remark. Mr Aguila is comfortable with Mr Willard's concession on the signage and landscapmg Mr Willard explained that if there is a notation of specific City interest and approval on landscaping and signage for any commercial use fronting 1-95 in the Ordinance adopting an amendment to the DRI, it means more than if it is buried in the Landscape Code Mr Aguila suggested the notation be for any commercial use--not just those fronting 1-95 Ms Heyden said there is an approved sign program for this project. There are freestanding signs which are monument signs for each individual user along the frontage This addresses the frontage of 1-95 until the City receives a sign program amendment. Mr Willard said the applicant does not envision or recommend pylon signs along 1-95 Monument signs and facade signage is okay CarMax is looking for identification, and will wind up proposing some type of major Quantum identification sign with two or three panels It will say "Quantum Park" and CarMax will get the top panel There is a prohibition on pole signs for industrial users Vice Chairman Golden feels the comments relative to the design issues are appropriate In addition, there are two other major concerns. The first concern is the number of outstanding impact issues which need to be fully resolved Those issues are raised in staff's report and the comments from the external agencies. Vice Chairman Golden feels this forum may not be appropriate to review all of these impacts. He feels this should be going to a substantial deviation review for a more fuU-blown analysis of these impacts. The City Commission will have to decide on this request. He pointed out that this proposal has exposed some of the problems with the high school being incorporated in the Park. Those problems focus on traffic, the closure of Park Ridge Boulevard, and increased traffic at the intersection of High Ridge Road and Quantum Boulevard He is in agreement with staff that there could be negative consequences by relocating the commercial usage to the 1-95 12 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 frontage This may attract users that are stnp-type commercial rather than ancillary to the Park. Vice Chairman Golden feels thIS is a major change to the master plan The comments about design guidelines may be appropnate, and we should look at them more closely Mr Rosenstock questioned whether or not staff has made any recommendations relatIve to the design guidelines He was directed to Comment #12 of the staff report Mr Willard explained that subparagraphs c, e, and f are incorporated In the motion he prepared However, he requested that the applicant not be held to subparagraphs a, b, and d Vice Chairman Golden referred to Comment #10 on Page 7 of staff's report. This comment is made by the City Forester Some of the lots that are proposed for additional commercial usage back up to the Sand Pine Preserve If there is an impact on the Preserve, this would be grounds for substantial deviation review Mr Willard stated that the applicant is aware that such an impact would be a substantial deviation However, regardless of the nature of the land use, there would not be a detrimental impact on the Sand Pine Preserve Furthermore, Treasure Coast Regional Planning Council has not raised this as a concern to date Mr Aguila felt this was a "blanket-type comment" and agreed that there is no indication that the Sand Pine Preserve would be impacted Vice Chairman Golden further referred to the first two paragraphs on Page 6 of the staff report. The first paragraph says" further development of regional impact review is required before the proposed amendment can be determined as not being a substantial deviation ", and then the second paragraph says. " it is recommended that the determination be made that the changes are substantial in nature unless the conditions listed below are incorporated into the Ordinance amending the Development Order " He asked Ms. Heyden for clarification of these statements. Ms. Heyden explained that we are dealing with the City's master plan amendment process and the Regional Planning Council's DRI amendment. The first paragraph relates to the DRl, and the second paragraph relates to the master plan She explained that she did not have the benefit of staff comments from the agencies. From the comments Ms Heyden received from Treasure Coast today, a determination can be made that further DRI review is necessary She stands by her comments related to traffic. Once that issue is resolved, no further DRI review is necessary On the local issue. without the conditions 1-12, Ms Heyden believes this is a major change to the original master plan Vice Chairman Golden believes that Palm Beach County Traffic Engineering feels there 13 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25,1996 are stili Impact Issues that must be resolved Ms Heyden stated that DCA will object unless the traffic Issue is resolved Mr Aguila feels the traffic Issue IS something which can be resolved He questioned whether gross square footage was used Mr Willard responded affirmatively Ms Heyden questioned why Mr Willard did not Include Comment #1 in his amendment If he used gross square footage Mr Willard explained that this is already contained In the Statute Knowing that the DRI amendment process must take place by Ordinance he would like to try to limit the conditions contained in the Ordinance amending the DRI to major regional Issues that affect the proJect. less significant issues can be left to a local form Mr Aguila Inquired about the regulations that affect this PIO Ms. Heyden said the master plan regulates the PIO The ORI requirements have less information on them than we require Mr Willard reviewed the comments In the staff report Comment #1 - Mr Willard explained that the way trip generation is calculated, there is gross square footage and gross leasable area (GLA) For commercial, the standard used is gross leasable area Ms Heyden advised that Comment #1 came from the Treasure Coast Traffic Engineer In addition, Palm Beach County uses gross square footage in their analyses She does not want to encounter a problem because the applicant is using gross leasable area when the City is looking for gross square footage Mr Willard said that when a land plan is given to a traffic engineer to determine the traffic generation, the gross square footage IS converted to gross leasable area. That is the area that generates the trips. Comment #1 is correct for industrial, office, and any non- commercial, but the term is gross leasable area for commercial Mr Godfrey advised that the Planning Council uses the same book he used to make his determination However, Ms. Heyden explained that the City relies on Palm Beach County to do its traffic study She will consult with the County Mr Willard pointed out that this is not a relevant issue at this point because it goes to the traffic report This is not an issue that needs to be In the Ordinance on the DRI amendment Mr Godfrey reported that he has had discussions with County staff, and their position IS simple The only roll the County plays is to get involved if the project generates more trips 14 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 than it IS approved to generate A determination must be made regarding whether this project will keep the number of trips at the approved level He explained that there is no proposed change and there will be no traffic generation for the project therefore, the County IS not involved The project will not have any new trips, and the CIty will get a letter from the County stating they have no involvement Mr Rosenstock pointed out that this project could be approved pending that confirmation from the County Comment #2 - Mr Willard asked that the applicant not be restricted to 29 7 acres Ms Heyden feels this is the most important issue other than traffic CarMax will have a small building with a lot of acreage If there are many of those kinds of uses, they could use up the acreage limitation, but not reach the square footage limitation The impact IS that there could be more commercial than was originally envisioned in the DRI because there would be more lots with commercial on them If this is limited to the square footage and not the 29 7 acres, the amount of commercial could be doubled Mr Willard stated that is exactly what the applicant would like to have He would like the flexibility to have more commercial acres so that they do not exceed the square footages originally projected Mr Rosenstock expressed concern that the square footage will be used up with a very low assessed valuation encompassing the square footage as opposed to buildings on it with higher valuation per occupied square foot Mr Willard said Quantum Associates wants to market land and sell it. Even though CarMax will take up 45,000 square foot and up 14 acres of land, it is not assessed on the square footage of only the building Notwithstanding the tax assessed value of the property, the applicant recognizes that they may have 30, 40, or 50 acres of commercial land and not exceed the cap. That is the reason why they have a larg.er area outlined in red on the chart where they can locate the square footage They are of the opinion that circumstances demand the change Mr Wische pointed out that many of the members of the board attended the Visions 20/20 Conference He noted that the word "flexibility" had been used many times this evening He referred to the report issued following the Visions 20/20 Conference where there are references to the fact that the City's development approval process is not flexible enough to attract future development in the City He quoted other statements from the report which referred to flexibility He said that from what he is hearing this evening, we are not trying to help Instead, we are hindering development. He recommended that the board approve this project subject to the submittal of favorable reports being received from the agencies The applicant has addressed everything. The applicant is trying to establish a tract and 15 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 get it moving. They have hired influential marketing people CarMax could be the catalyst for Quantum Park. Mr Lee feels they can work out all issues once all of the reports are received He suggests passing this on to the Commission based on some of Mr Aguila's comments regarding the 1-95 frontage Ms Heyden expressed concern about the 29 7 acres because of the impact on other commercial areas in the City Visions 20/20 also talked about the revitalization of Federal Highway By creating commerCial In Quantum Park, we will be taking It away from other areas in the City There are 500 000 square feet of approved, unconstructed commercial area on Congress Avenue The City has given time extensions time and time again to those projects Mr Wische pointed out that Quantum Park has been zoned for industrial for six years and they were unable to attract anyone Chairman Dube requested that the applicant return to the review of staff's comments He realized that the applicant wants Comment #2 removed Comment #3 - Mr Willard has complied with this comment. Comment #4 - Mr Willard explained that the first part of the comment refers to Lots #40 and #41 A. These lots have a dual government and institution, and research and development classifications These lots are subject to a School Board option Mr Rosenstock questioned whether Mr Willard would be amenable to reducing the 426,888 square feet by the amount of unoccupied space (asphalt) on the CarMax property Mr Willard responded negatively Mr Rosenstock pointed out that if Mr Willard took that square footage of asphalt off the 426.888 square feet, Ms Heyden's concern would be addressed Ms Heyden explained that the reason the square footage was added to the ADA is that the traffic engineers need square footage to study traffic. The City set up a master plan That acreage for commercial is then converted to square footage to determine the limitation on the square footage It would go against the original intent of the project to now go back and take the one which is greater Comment #5 - Mr Willard stated that he will get final comments before the City Commission meeting next week. Unless DCA appeals because of the traffic issue, the applicant will have the comments and they can be evaluated It is not relevant if they agree with the traffic analysis The focus of the traffic study was to identify improvements to the intersection That has been done Comment #6 - was addressed 16 - MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 Comment #7 - The applicant has submitted a utility analysis Mr Godfrey added that Kimley-Horn responded today with an additional analysIs and found that the lift station has more than adequate capacity Comment #8 - was addressed with respect to the desire for the road connection However, it cannot be accomplished Comment #9 - has been addressed and IS on the proposal Comment #10 - deals with the Sand Pine Preserve, and the applicant does not believe there will be any impact on that preserve Comment #11 - is the converse of Comment #12 Ms. Heyden recommended that commercial usage be allowed only on the lots that CarMax is interested in That amount will then be subtracted from the total 29 7 acres You take out the option of all other lots and restore Lot #61 as commercial Mr Willard is not agreeable with that recommendation Comment #12c. e. and f are incorporated into the proposal subject to clarification Comment 12a - The applicant would prefer not to comply with "a" They do not know why the lots were platted. Every lot may wind up being subdivided at some point in time The applicant does not want to be constrained Comment 12b - Mr Willard stated that the likelihood of the type of commercial that will be attracted to Quantum Park is not the strip-type commercial one would find on Federal Highway or Congress Avenue The applicant feels there will be single users, but there are concepts with two users in one building. They do not want to be restricted to single-use buildings. This issue can be addressed at site plan Comment 12d - This is the same as Comment 12b Ms. Heyden is concerned that there will be carved up lots. However, Mr Aguila feels that what makes this different is that Quantum Park is like a home You go there because there is a level of quality you expect to be provided to the public. That mentality tends not to exist on Congress Avenue He thinks the character of the potential tenant is a different caliber than what we see on Federal Highway or Congress Avenue Motion Mr Aguila moved to approve Quantum Associates' request to amend the previously- approved PIO master plan in connection with an amendment to the ORI to add 13 17 acres 17 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25, 1996 (the PCD Center subdivision) to the PID boundanes and change the use designation from office to commercial/Industrial use add the option of commercial use to the existing use designated for lots 65A, 65B, 66, 67A, 67B, 67C, 68A 68B, 69, 70, 72 73A, 73B, 74-79, 83-85 and 91, and change the use designation of lots 58 59,60 and 61 from Commercial to Industrial/Research and Development/Office subject to the following 1 Compliance with recommendations In staff report, Comments 1-12 as amended, 2 Comment #2 of the developer's submitted motion recommendations which reads, "Concurrently with the submittal of a building permit application for any lot for which commercial development IS a permitted use pursuant to the Master Site Development Plan (regardless of whether the proposed use is commercial or another permitted land use), the applIcant shall Indicate In writing to the City the number of p m peak hour vehicle trips estimated to be generated by the proposed building improvement and also the aggregate peak hour trip generation for all lots served by Park Ridge Boulevard, 3 Comment #4 as modified, ie, if lots are subdiVided, signs and access pOints will be shared, 4 That the hotel area is part of the 426,888 gross square feet, 5 That all agreed capacIties be identified on the master plan, 6 Delete Items #8, 10, and 11 of staff's recommendations, and 7 That all traffic concerns be successfully resolved with the proper agencies Mr Wische seconded the motion Mr Aguila clarified that his Comment #4 implies that by approving the applicant's request the applicant is not limited to the 29 7 acres Amendment to the Motion Mr AgUila moved to amend the motion to include that in staff's recommendation (Item #2) commercIal use shall be limited to 426,888 gross square feet and that there be no acreage Mr Wische seconded the amendment. The motion carried 6-1 (Vice Chairman Golden dissented ) Chairman Dube advised Mr Willard that the City Commissioners read the minutes of this board's meeting, and listen to the tapes He recommended that the presenter not go 18 MEETING MINUTES SPECIAL PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 25,1996 through his presentation point by point. He urged Mr Willard to allow the Commissioners to guide him in providing clarification Mr Rosenstock suggested that Mr Willard cover all arguments during his presentation to the Commission Ms. Heyden asked for clarification on a portion of the motion She was of the opinion that Items 12a, band d were included as well as 12c, e and f Mr Aguila explained that when he made the motion, he did not mention Items 12a, b, and d It was his intent to delete Items 12a, b, and d Motion Mr Aguila moved that staff recommendation on Page 7, Items #12a, b, and d be omitted and not be required as part of this approval Mr Wische seconded the motion which carried 6-1 (Vice Chairman Golden dissented ) 8. COMMENTS BY MEMBERS. Chairman Dube advised that he received a copy of the minutes of the last CRAB meeting At that meeting, there was nothing for the board to consider They have now made a motion to suspend all future meetings until such time as they are called for a meeting It is Chairman Dube's opinion that the Planning and Development Board has far more expertise than the Community Redevelopment Advisory Board He would like to approach the City Commission to request that the CRAB responsibility be shifted to the Planning and Development Board. The CRAB can then be dissolved Ms Heyden has not objected to adding any CRAB items to the Planning and Development Board agenda if a decision to dissolve the board is made 9. ADJOURNMENT There being no further business to come before the board, the meeting properly adjourned at 9:25 p m. ~ ftt Pita L.,:Jr, 6inet M. Prainito Recording Secretary (Three Tapes) 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 J B PROJECT Quantum Park PID Applicant requests continuance to July 2,1996 AGENT James J Willard OWNER Q1.3ntum Associates LOCATION W 9St sIde of the intersection of Gateway Boulevard and High Ridge Road DESCRIPTION USE APPROVAL. Request to amend the list of permitted uses for the Quantum Corporate Park PID to allow used car sales on Industrially designated lots within the PID Consensus There was a consensus of tr~ Commission to continue this case to the July 2, 1996 meeting Cedar Ridge Townhomes - Cedar Ridge Estates PUD Paramont Engineering Group, Inc. Condor Investments Southeast corner of High Ridge Road and Cedar Ridge Road (Parcel C and Parcel 0 of the Cedar Ridge Estates PUD) SITE PLAN Request for site plan approval to construct 110 Single family townhouses and a private recreation facility on 1888 acres within the Cedar Ridge Estates PUD Dennis Koehler. Attornev. Joseoh Basile. President of Cedar Ridge Develooment Corooration. and Craia Livinaston. Landscaoe Architect. were present to represent this project. C PROJECT AGENT OWNER LOCATION DESCRIPTION Attorney Koehler advised trat the multi-family portion of the Cedar Ridge PUD was the focus of the changes that took place 16 months ago. Originally, the plan was approved by the Commission in the early 1980s for 155 condo units. On February 7, 1995, the City Commission accepted the proposal to reduce the number of units to i 10 and dramatically change them from small condos to town homes of 3,000 square feet. The Planning and Development Board voted 6-1 to approve the site plan for the town home project subject to conditions. Mr Koehler advised that there are very few differences in the project the Commission reviewed in concept showing the layout of the 18 multi-family buildings. Mr Hallahan requested that the nature preserve be relocated from the original location to the far southwest corner next to the similar preserve for the PID Condition #18 (Engineering) IS the only outstanding comment at this time It requires the minimum right-ot-way width tor local streets to be 50' (60' with swales) At platting, these 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Motion Vice Mayor Jaskiewicz moved to approve Proposed Resolution No R96-85 to award bid to Ultimate Pools, Inc for Wilson Pool Resurfacing and Filter Equipment Replacement in the amount of $103,900 Commissioner Tillman seconded the motion . Commissioner Titcomb referred to a letter In the back-up material expressing a grievance relative to the bid process He questioned whether this situation had been resolved to staff's satisfaction City Manager Parker responded affirmatively The motion carried 4-0 VI PUBLIC HEARING City Manager Parker advised that the applicants for Quantum Park PID/PUD Center and PtfliC Storage, Inc. have requested that their projects be continued J A Project Quantum ParklPID/PCD Center Applicant requested continuance to July 2, 1996 Agent James G Willard, Esquire Owner' Quantum Associates Location 13 93 acres of property at the southwest corner of 1-95 and Gateway Boulevard Description LAND USE ELEMENT AMENDMENT/REZONING Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID B Project: Public Storage, Inc./Planning Area 1.q Applicant requested continuance to July 16, 1996 Agent Mike Carter Construction, Inc. Owner' Public Storage, Inc. Location Planning Area 1 q - West side of South Federal Highway between Old Dixie Highway and the Gulfstream Mall Description COMPREHENSIVE PLAN TEXT AMENDMENT Request to amend the Comprehensive Plan, Section 1 q of the Future Land Use Element, Section VIII - Land Use Problems and Opportunities, as it applies to property at 3000 N Federal Highway 12 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 In response to Chairman Dube's question, Mr Willard advised that the applicant has no objections to the two conditions of approval noted in Exhibit "0" CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PETITION Motion Mr Wische moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID, subject to staff comments Mr Aguila seconded the motion Mr Aguila questioned how this change would affect the COO Mr Willard advised that the legal description of the land that was put into the COD were the platted lots that were customarily known as Quantum, and marketed as such These three lots were included Therefore, nothing will change because they were already part of that legal description The motion carried unanimously Use ADDroval Description Quantum Park PIO James Willard Quantum Associates West side of the intersection of Gateway Boulevard and High Ridge Road Request to amend the list of permitted uses for the Quantum Corporate Park PIO to allow used car sales on industrially-designated lots within the PIO 2 Project Agent Owner" Location At the board's request, no presentation was made by staff Mr Aguila confinned with Ms. Heyden that the purpose of this request is to allow the use in Quantum Park, and not to approve the site plan However, Ms. Heyden explained that site conditions have been added because she feels that waiting until the site plan stage would be too late Mr Aguila was of the opinion that any auto dealership in the City of Boynton Beach should be a conditional use because each one needs to be evaluated on its own merit, and so that conditions can be added for aesthetics, beautification and buffering from neighbors. In looking at the site plan that was included as part of the back-up material, Mr Aguila felt that he was looking at a "sea of asphalt" Even reviewing the brochure which was included 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 indicates that there are very few trees When the site plan comes up for review, Mr Aguila will push for more trees buffers, greenery, and a softer environment Ms. Heyden recommended that with a consensus, Instead of recommending approval as a permitted use, the board could recommend approval as a conditional use Mr Wische disagreed with Mr Aguila Mr Wische feels that the average used car lots along Federal Highway display clumps of dirt, with cars piled up The review this evening does not include landscaping The brochure which was included indicates that the use intended IS as beautiful as any new car agency He would be opposed to making this a conditional use He feels this organization knows how to operate this business because they already have five successful dealerships in operation Mr Aguila stated that his concern is for car dealerships in general, and for the bigger picture Mr Aguila agrees that this particular dealership has a nice building and this operation will be an asset to the City, however, this is an opportunity to make a decision on whether car dealerships should be a conditional use Jim Willard. Attornev for Quantum Associates. advised that the preliminary site plan, which was submitted with this PIO use approval request, was only submitted for illustrative purposes. It was attempt to get people acquainted with CarMax. The applicants would like to avoid site plan review at this point because the plan will change Once the use has been approved and the ORI amendment is completed, Circuit City and their engineers will submit plans for final site plan approval At that point, landscaping and everything associated with this specific site will be ready for review Ms. Heyden stated that this particular use needs to be looked at now She feels site plan review is too late because there is less control at that point. Generic conditions can be addressed to mitigate the things associated with this type of use Vice Chairman Golden feels that Quantum Park was originally intended to generate jobs and expand the tax base. The commercial uses in the Park are supposed to be ancillary to the principal use which is light industrial, toward the high tech end In his opinion, this is a significant deviation from the concept. In addition, car dealerships tend to congregate In Vice Chairman Golden's opinion, this is a problem He feels this could create an auto mall situation in Quantum Park. Chairman Oube does not have a problem with CarMax, however, he does not want to automatically say Quantum Park can have new/used car lots. He would like to be able to decide on each one individually; therefore, he would prefer that this use be a conditional use Once this use is approved, they will be able to put it anywhere in Quantum Park. 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Ms Heyden disagreed with that statement, and Mr Willard advised that this request is specific to these particular lots In Mr Rosenstock's opinion, If a precedent is set of allowing these particular lots to change in their zoning status for this use, and someone else comes forward to do this in another location in Quantum Park, it would be difficult to deny that request. Ms Heyden advised that this IS not a change in the zoning or use This is the creation of an additional use Mr Aguila explained that although this particular request is for these four lots, Quantum Park could request an additional four lots within the Park for the same use Conditional use would make it a great deal harder In response to Mr Rosenstock's question, Mr Willard stated that at this point, he does not know whether he would object to a conditional use However, the PID zoning classification covers all of Quantum Park. In the zoning code for PID, commercial, office, industrial and research and development uses are permitted on a site-by-site basis Approval of those uses is required by the Planning and Development Board Mr Aguila explained that with a conditional use comes the ability to add any condition If it is an allowable use, it is more difficult to add conditions that are over and above those listed in the Code Conditional use opens the door to address the specific site Mr Willard said the City zoning code lists one and one-half pages of uses permitted in the Quantum Park PID In addition to the site specific use approval concept, there is also final site plan approval There are only approximately six users in Quantum Park. There has never been a problem in the past with buffering, landscaping or site related infrastructure or cosmetic items requested With this use proposed, the City will have an extremely qualified and quality operator and user The City will have an opportunity to look at the site plan and make specific comments and recommendations. Mr Willard would prefer not to put a conditional use on this because the request is already a specific use approval However, Mr Willard stated that if car dealerships are conditional uses City-wide, he will play with those rules. Mr Rosenstock explained that his concern is for the future His obligation is to protect the citizens and make sure we have all the controls we need so that a developer does not overstep his bounds. If CarMax is approved under a conditional use with everything they want to do, Mr Rosenstock could not understand why Quantum Park would object. Mr Willard said that in addition to the PID zoning, constraints, and parameters that the Code provides, Quantum is unique because it is a DRI The DRI overlays a master plan on the zoning, and has site specific use restrictions on a lot-by-Iot basis In two weeks, a discussion will involve the location of additional commercial uses in Quantum Park. Any additional car dealership requests would have to come back to the City 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Mr Aguila questioned whether or not this request was limited only to what happens in Quantum Park PID Ms Heyden responded affirmatively and advised that each PID has to come through with a list of permitted uses The board can recommend that this use be limited to only these four lots within the PID Vice Chairman Golden agreed with Mr Willard, and disagreed with Mr Aguila With regard to conditional uses Conditional uses are typically a part of the standard zoning districts In the PID, there IS a list of permitted uses This is part of the use approval It would be unusual to have a conditional use in a PIO Ms Heyden agreed that a conditional use in a PID would not be typical, but feels it would be allowed She reminded the members that the only difference between conditional use approval and site plan approval is a public hearing The process for both approvals is two and one-half months Mr Willard introduced Jim Thornton, Acting Real Estate Manager for the CarMax Division of Circuit City, and Paul McClellan, Design Coordinator Jim Thornton. 1111 East Main Street. Richmond. Vlralnla. explained that a great many people are interested in knowing how Circuit City became involved in this business. Circuit City saw a need and growth opportunity that was not being addressed The used car business is a $150 billion a year business. In Circuit City's opjnion, the used car business has not been consumer friendly Circuit City's approach to the industry was to change the way used cars have been sold in the past. The idea is to make the used car process the same as a shopping experience There are five CarMax dealerships in operation at this time, and two additional dealerships are under construction When the customers enter CarMax, they see computer-equipped kiosks Circuit City provides the consumer with a wide variety of cars. The inventory of cars is on the computer The customer is able to go through the entire process without the help of a salesperson The customer enters the components of the car he/she is interested in and the computer will search through the inventory to bring all of the cars that match the criteria to the consumer When the customer selects the cars, the printer will print out information sheets which provide the vehicle characteristics, a photograph of the car and the bottom- line price No negotiations take place at CarMax. The display lot contains a wide selection of late model cars All cars are in top condition There is a large profit center in warranties. The company could not make money on warranties if it is not selling top quality vehicles. All cars automatically have a 30-day warranty Additional warranties of up to five years are available for purchase The entire concept of CarMax is to bring in people to the used car market that were not in that market before 7 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11,1996 All CarMax facilities look like shopping centers The approach has been well received in all of the markets in operation These projects tend to be low Impact on the surrounding Infrastructure and communities This operation generates a substantial tax revenue and provides between 150 and 175 jobs with salaries of approxImately $25,000 to $30,000 This is a positive force on the community The site plans that were included In the back-up material were very preliminary layouts which were used by the company to determine where different components of the site would fit. They were not intended to include all of the landscaping that would be provided or to depict how the site would look in final construction Mr Willard addressed the staff comments as follows . With respect to all of the comments, Mr Willard advised that the initial request was for approval of an automobile dealership -- not specifically restricted to used cars. At the present time, CarMax only deals in used cars, but they may sell new cars in ten years Therefore, Mr Willard requested that the reference to "used car sales" be deleted Ms Heyden advised that the original submittal contained the words "car dealership" Because the discussion was along the lines of used cars, an assumption was made during the process that it was the request. Ms. Heyden would not have a problem with Mr Willard's request Chairman Dube confirmed that the deletion of the word "used" would take care of Comments 1, 2, 3, 4, and 5 Chairman Dube reiterated, however, that the use would be restricted to only the lots mentioned in the request. . With respect to Items 2 and 5 which designate the lot numbers, those comments should include Lot 76 which was mistakenly omitted There was no objection to this request. . Mr Willard requested that Item 6 be deleted In the preliminary site plan that was submitted with the application, the area designated as service/staging is located in a certain vicinity These areas will be moved around on the site in subsequent versions of the plan This area constitutes more than 15% of the site, and it is service and staging area. Cars are brought into the site, detailed and prepared for the display lot. The area is screened and buffered, and that will be presented on the final site plan This is an "Employees Only" area. It is clearly more than 15% of the use The language in Comment #6 comes from Section 7 E 1 of the Zoning Code under PID which talks about outdoor storage of materials Again, this is staging, service and inventory of the operation It will be screened per the site plan 8 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11,1996 In response to a question from Mr Aguila, Mr McClellan advised that 75% of the cars come to the lot by way of car carrier Not more than two trucks per day will bring cars to the lot The applicant will have a dedicated turnaround area which will be screened from the street The trucks would be restncted to certain times of the day for delivery Mr Haag explained that he has a problem with Mr Willard's request Ms Heyden also added that this use's materials are cars She would like an opportunity to discuss this with the City Attorney because outside storage of vehicles in the M-1 district requires screening She does not feel the screening requirement is excessive, and she supports staff's recommendation Mr McClellan advised that Circuit City fences the staging area with an 8' high fence which is treated woven wire The fence is heavily landscaped in front. That landscaping will include evergreens and other materials that are native to the area. CarMax does not want the customers to be able to see into the area. Mr Aguila asked if the applicants would be agreeable to planting materials at a relatively mature height at construction time Mr McClellan responded affirmatively Mr Thornton agreed to commit to fencing and landscaping that area. Mr Willard stated that language would be substituted relating the commitment to fence and screen to prevent viewing by the public Mr Haag advised that Comment #6 includes the loading and unloading area. Mr McClellan explained that Circuit City does not fence the loading area because this is where the trucks enter This area is secured He agreed to screen the area, however, with landscaping No trucks remain in the loading and unloading area. In response to Mr Rosenstock's question, Mr Willard advised that these comments were FAXED to him yesterday He then clarified that the page of the comments containing Comment #6 was not received by him, but he was aware of the concept because it was included elsewhere in the report. . With respect to Item #7, Mr Willard advised that this addresses the peripheral greenbelt which is common to all of Quantum Park. Rather than address it as a condition of approval for the CarMax site, Mr Willard proposed to the City Manager that Quantum Associates is committing to, within 90 days, submitting a detailed, specific peripheral greenbelt plan for all of Quantum including the 1-95 frontage The plan will distinguish between different areas of the park. The applicant will submit a site specific plan within 90 days. Mr Wische was very pleased to hear this comment because he recalled that the Community Appearance Board addressed this issue at great length At that time, Quantum 9 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 turned down the proposal and felt each Individual owner/builder would take care of their own area He feels this offer is phenomenal Mr Willard explained that they envision a standard design for a greenbelt plan around the entire perimeter of the Park that could be altered on a site-by-site basis The lack of attention to this issue by Quantum Associates had to do with not having any users buying property on the periphery The time is appropnate to address this Issue Mrs. Frazier questioned how many cars there will be on the site Mr McClellan responded that there will be approximately 525 cars in the initial phase of the project The maximum number can be 600 Mr Wische confirmed with Mr Willard that he would like the language in Comment #6 substituted with the language agreed upon relative to fencing and landscaping the service/staging area to prevent view by the public. Mr Haag advised that he would like the word opaque to remain The applicant was agreeable Motion Mr Aguila moved that we approve the request to allow, as a permitted use in the Quantum Corporate Park PIO, car sales on industrially-designated lots within the PIO, subject to the following conditions 1 That Lot #76 be included in the request; 2 that the word "used" be dropped from Comments Nos 1 through 5, 3 that the vehicle staging area be provided with an opaque buffer to be specifically discussed during the site plan review process, 4 that Comment #7 be deleted in its entirety and be addressed separately within 90 days as agreed upon by the applicant; and 5 that all other staff comments be kept as originally written Mr Wische seconded the motion which carried 6-1 (Vice Chairman Golden cast the dissenting vote) 10