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LEGAL APPROVAL fJ1U City of 'Boynton 'Beach 100 'E. r;Boynton r;Buz& 'lk1uk1Jartl P.O r;Bo'C.310 r;Boynton r;Beam, 1fmUfa 33425-0310 City 1{Q[[. (407) 375..(i()()() rfU. (401) 375-6090 December 4, 1996 James G Willard Shutts and Bowen 20 North Orange Avenue, SUIte 1000 Orlando FL 32801 Re F1le No LocatlOn. Carmax NWSP 96-010 Quantum Corporate Park, Lots 77,78,79 and 80 Dear Mr Willard, Enclosed 1S the C1ty of Boynton Beach Development Order regardmg CommlsslOn approval of your request for site plan approval Should you have any queshons regardmg thIS matter, please feel free to contact tlus office at (561) 375-6260 Smcerely, /' l /. ,) '7 v~r.:J 1./ <-74 ,-~ "- ....__-1 L /1......(,'" - 1... l---""~ ---" Tambn J Heyden, AICP Plannmg and Zomng Director T JH dar Attachment xc Central File Roscoe Biby D'\SHARE\ WP\PROJECTS\CARMAx\NWSP\DEVELORD WPD .9lmuu.as (jateway to tfu (julfstream '- ~ r' .I' ~ t, ~ 0. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA r--- ill b~ rc:r;;} i;, I DEe .183 l/J) PLANNING AND ZONING DEPT. APPLICANT Quantum Associates, Inc., APPLICANT'S AGENT James G. Willard. of Shutts and Bowen DATE OF HEARING BEFORE CITY COMMISSION November 19.1996 TYPE OF RELIEF SOUGHT ReQuestina site plan approval to construct a 53.072 SQuare foot auto sales facilitv on 13.678 acres in Quantum Park. LOCATION OF PROPERTY Quantum Corporate Park. east side of the Hiah RidQe Road, approximately 800 feet south of Gateway Boulevard (lots 77,78,79 and 80) 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 re~Uir ments of the City's Land Development Regulations. 2. The Appli nt _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 p 'blic and supported by substantial competent evidence are as set forth on Exhibit "C" wit the notation "Included" 4 nt's application for relief is hereby . 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' DATED November 19.1996 !~' ! / \ kAd~~ ~YU ~ /~~t'- Ci;tlerk \\\\\\\1111/ 111111 ~\\ .., T ~/I. ~" o~ " 0,,", ~~ *' ~ .......... ~..A ~ $ ~ fj~.'g,OR.q~~'~ \ :::: ~.(')~ =>- 'X= -... - \0 '\920 i ~ ...~ rd. r ~ rr./tLO"'o ~~ -~'''"'''\\\\\~ I \\ ) 1 ;Il '~,~J.'l~ti: ~' f ~'7) N~+ I 1'~ ~ (f):W ~ ~ l:: - : CITY,.!I IVI1 '':r-~ ~~ =' J \ . .~:~ ! I rl: Fzi '!l ~-; ~ { i:::I.IiJ f , '. "'~ <--- I ~: ";, -'>-, I, ~;.-::. ~ ~ ~ ~\) !!I. _, / ~ r ~r: :fHl , \ J T rA } ~ ,,/" I I 'oJ 'ERTV' ~ ';;J ""' (";I" - _ .. .~\ ~ \ ~ J / ~ r:;: ~ "'~ - ___ ~ r J ~ ~ (;l~(6 j- '~--- i~ .. \r- ~ ....../ ~Tl " ~, I ' ,q~=== -t-,"lii~ ~ L.1L 1:! ~~' ~. ~ I, I, ~(. lO i\ ' : ". ~\oi . I -- . I 1. ~- · "\ 1 ~ ~ - . J C :3 " :. . '. ' 'f.) /_ ~ : "'~' ~ ,.- ..".. ...." ,:' /~~ ' .... ~I\/, ...... ~I_ / '~ )'.' ~/~' U ~ ~;.. .~\ '...-' . 140' ';'o.J " '-:.. ~ /r"""'>>r- r r- -! . IN. W ,2 '. ~........ II r; Vt(, f,!~"'L; ,- ~~~::-I fl fij- ~ \ I "'~JVI / 7 'i: //:t ""i--2': . ;. I' ' ," 11 r' - .~ 0'_, . ~ I ' - ~ ',- - .~ ~ /__....i. . ~:[ ~, - - - YNT__....._. H , lr~ . ~. K OF COMMER""F !'h ',:3 I ' ';' -.-"'UANTUM PARKJ 'n_ ~ ' PIC I ,~ - c ~.~ l j / nc...... .... \ ':J1- · j' ,'. -..... ,4 n l~ , , \ . \ \ . l" " ....; I ' 'I i' ..., - . ,.. ...... a.... _ ~j '--"'. In · ..... ;~.. , \' l;: ,i ::::, : i I i'liD ~ "iii;' .:,~ --:;]It j rn lIillI ~ · '''"" "~--- - I- _ ~ I rrrr ~ : l~ '. R' II- I. I :1- I--L IE!. ~ ::t: ~ ~ t ~ I~.\o",,. I : _ .. · <r,:;\ A .. ~: 0 1/8 MILE'S . . ~~J - I ~= ~ ~- "" 'I . l R AA I !.......... ,!1Ir '0 400 800 FEE;T - II) : i UoI'I I I ftI - - '/: Ot;.p.r. ~~ -9..(' ". , It II" LJ.C:H:.-l ~ . II ~ r=-. I ". '" . .-t 6:-o~ l~~ 'ill' ~ / d.r I ~ -=' !.4"". -- ,r.::- ~- ~J I) liE' tOCj!~ION ~J1AP - CAR MAX . 'mJR u.u II ~J r-::u ~ _ I~ ~u '~D 1""IIIII"'r l\\IHI::--' ," .' ~I ~ 1 . ... J r~" . I I " J I , \ L R1AA,' ~ I"J/ 1'- 7 r\ &Ve- T _""I!!P' · - ;: ~i;'1 'AR RI 6Jd!STAT \ - ~ ~I "- I! c I I , . I . I , F. ~ ~ / I .. ~ II! ~. ( I i. "\'\~ - ~~: · · '~;.. AA"' l j 1 t Q..::" " ~~ ~ ." ~ r; -.- _.. ~ ~~~U . Iii 1= I [J II , j I ~ t ~ - ru/lb ~ 'I Jpl - L~ ~ c~ ~ ~ l....;(HIBIT "e" Conditions of Approval Project name. Carmax File number' NWSP 96-010 Reference: The plans consist of 27 sheets identified as 2nd Review. New Site Plan. File #NWSP 96-010 with an October 8.1996 Planning and Zoning Department date stamo marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments. 1 The site plan as submitted cannot be approved because the Sanitation Division would not have a clear, safe access to the solid waste container Move the dumpster enclosure approximately 30 feet to the north and provide an exit only l~ onto Hiah Ridae Road UTILITIES Comments: 2. No trees, except Palm trees, will be allowed within utilities easements (Sec. 7 5- 18 1) ....- 3 Dept. of HRS permits will be required for the water and sewer systems serving this project. ~ 4 Fire hydrants shall be located within 200 feet of any point on all buildings (Chap ..,../' 6, Art. III, Sect. 16 - Land Development Regulations) FIRE Comments. 5 At the time of permit issuance the applicant needs to provide appropriate specification for the following issues: a. Gate clearance ~ b. Turning radii c. Fire lanes d. Egress from service court, west side (Le new exit only gate) e - . . ::Ind L " .. POLICE Comments: 6 Provide drawings clarifying the proposed median cuts and tum lanes on High Ridge ~ Road ENGINEERING DIVISION Comments. 7 Revise documents to reflect all comments. / DEPARTMENTS INCLUDE REJECT 8 All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing landscaping, irrigation and traffic control devices. Permits required from agencies such as the FOOT PBC SFWMD and -./ any other permitting agency shall be included with the permit request. 9 No building, structure, screen enclosure, pool, or portion thereof is allowed within ~ setbacks, either now or in the future. Chap 1, Art. II , pg. 1-30 10 Vehicle wash drain and floor drain must be pretreated prior to discharge. Chap 2, ~ Sec.4N11 b, pg.2-14 11 Car wash shall be fully automatic and recycle all water used. Chap.2, ...,..-/ Sec.11L3e(4)(c) 1 & 2, pg 2-113 12. Drawing statement must address the effects of the anticipated design discharges / on the existing drainage system. Chap 6, Art.IV, Sec.SA, pg 6-7 13 Provide certification by developer's engineer that drainage plan complies with all city codes and standards. Chap 6 Art.V Sec. SA, pg.6-7 and Chap.23, Art.IIF / pg.23-8 14 Minimum 15" pipe must be used in storm sewer Chap 6 Art.lV, Sec. SA, pg 6-7 ./ 15 Inlets must be in grassy areas. Chap.6 Art.IV Sec.SB pg.6-8 and Chap.23, ../" Art.IIF, pg.23-8 16 Parking lot section must conform to city code. Chap 6, Art.lV, Sec. 1 OF, pg.6-12. ../ 17 Provide details for pavement, grates, pipes, catch basins, etc. Chap 6, Art.V, ./ Sec.4B2e, pg.6-20 18 Top of drainage pipes must not interfere with subgrade. Chap.6, Art.V, Sec.4B2i(6), / pg6-20 19 Comply with Chap 7, pg.7-1 regarding surety requirements. .../ 20 All landscaped areas shall be provided with an automatic water supply system. ../ Chap 7 5, Art.II, Sec.5B, pg.7 5-14 21 Specify clear sight triangles at all driveways and adjust landscape plan if needed. ../' Chap.7 5, Art.1I Sec.5H2, pg.7 5-17 22. Excavation and/or fill permits will be required Chap.8, Art.l, Sec.2,pg.8-1 ../ 23 Not more than two free standing signs are allowed. Chap.21 Art.lV See.3B, pg.21- v' 17 24 Permits must be obtained for work within R.O W Chap.22, Art.II, Sec.7A, pg.22-3 /" 25 Location of proposed curbs is not clearly defined on the drawing. Chap.23, Art.I, ./ Sec.5B15, pg.23-S 26 Parking lot dimensions, striping, aisles, stalls, radii, signs, landscaping, etc. must ./ conform with city codes and standards. Chap.23, Art. II , pg.23-6 27 Provide a satisfactory lighting plan. Chap.23 Art.IIA, pg.23-6. /' 28. Photometrics must be approved for both pedestrian and parking lot lighting before / permit can be issued. Chap.23 Art.IIA1a, po.23-6 Page 3 Carmax File No NWSP 96-010 DEPARTMENTS INCLUDE REJECT 29 Certify that light poles are in compliance with Standard Building Code and / withstand a 110 mph wind load Chap.23, Art.IIA1a, pg.23-6 30 Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic / Control Devices" Chap.23, Art.IIB2, pg.23-7 31 No trees shall be planted so as to interfere with lighting fixtures. Chap.23, Art.IIAb / pg.23-7 32. Landscaped areas in parking lots must be protected by wheel stops or curbs. ./ Chap.23, Art.IIE, pg.23-7 33 Concrete curb must conform to city standards. Chap.23, Art.IIE, pg.23-7 ./ 34 Major driveway must have 100' clear to 1 st access aisle unless variance granted ./ prior to permit. Chap.23, Art.IIH5, pg.23-9 35 Provide 27' backup area, all stalls. Chap.23, Art. II ,11, pg.23-9 ./ 36 Parking stall minimum 18' long Chap.23, Art.II,11, pg.23-9 ./ 37 Provide required fire lane markings and signage. Chap.23, Art.IIM, pg.23-9 / 38. Provide location and details of fire lanes. Chap.23, Art.IIM, pg.23-9 ./ 39 Provide continuation of sidewalk thru all driveways to mark pedestrian paths. / Chap.23, Art.1I Sec.P pg.23-10 40 Paint handicap pavement symbols white. Sheet 9 of FOOT Index 17346 / 41 Signs must be consistent with Quantum Park sign program. LOR Chap.21, Art.IV ~ Sec.7 pg.21-20 42. Submittal is in violation of Conditional Use Development Order issued July 16 ~ 1996, in that vehicle storage area exceeds 15% of the site. 43 Submittal is in violation of Conditional Use Development Order Planning and / Zoning comments and Planning and Development Board comments with respect tn ::mrl PARKS AND RECREATION N()NF= FORESTER/ENVIRONMENTALIST 44 The trees which can be relocated shall be moved to the greenspaces on the site. ,..,..- 45 The trees which must be removed due to site constraints shall be replaced and shown on the landscape plan. V *Items 48 and 49 are in accordance with Environmental Regulations 7 5 Section 13, page 3 46 Submit a letter to the city stating whether the site will be a micro-site on behalf of the Quantum Corporate Park. (Treasure Coast Regional Planning Council reauirement of the oriainal Develooment of Reaionallmoact document). Page 4 Carmax File No NWSP 96-010 I DEPARTMENTS I INCLUDE I REJECT I 47 The applicant shall landscape the site adjacent to the 1-95 Interstate roadway in accordance with the City Commission comments of their July 2, 1996 meeting. The ~ relocation of existing trees may assist in creating the visual buffer as discussed at thi!:: PLANNING AND ZONING Comments: 48 Off-street parking requirement for PID zoned properties is one and one-half (1 1/2) parking spaces for each two (2) employees on a maximum shift. In addition, /' visitor parking adequate to serve the needs of the dealership operation needs to be provided. The submitted site plan contains calculation based on square footage of the building Amend the parking calculations appropriately 49 Modify all site signs to comply with the approved master sign program or the results /' of the modified sign program approval being processed concurrently 50 Provide elevations of the building showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines- ~ of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building. 51 Dumpster and service areas shall meet the design standards as described in Chapter 7 5 Article II Section 5.J , and Chapter 9, Section 10 C of the Land Development Regulations. Amend the drawings to meet the requirements. ~ Specifically show the required landscaping along the back and sides of the service area and dumpster enclosure. 52. Provide a unity of title combining the lots proposed to be developed under the I/'" Carmax site plan for staff review, prior to recording. 53 On the Landscape Plan, Sheet LA-1, amend the tabular summary of the planting /' material to include calculations for "shrubs required by the code" category These calculations shall be based on the 24" o.c. spacing requirement of the perimeter distances of the parcel. 54 Indicate the spacing proposed for required perimeter trees. Note that the required ,/ trees in landscape buffers adjacent to right-of-ways shall be spaced a maximum of 40 feet o.c. This requirement is not met at several locations. 55 A continuous hedge shall be provided in all landscape buffers adjacent to rights-of way A part of the buffer along the eastern property line, just behind the Quantum .-/ Corporate Park sign, is missing. If there is an existing continuous hedge meeting the city's landscape code specifications, incorporate this hedge, as an existing landscape material, into the landscaping plan. 56 It is recommended that, in order to better screen the vehicular use area, a ./ perimeter hedge be planted north of the display lot. 57 Establish an access easement from the Carmax property to the existing Quantum / Corporate Park sign and a maintenance easement around the sign. Both easements shall be dedicated in perpetuity to the Quantum Park Property Owners Association or Quantum Communitv Develooment District (COm Page 5 Carmax File No NWSP 96-010 DEPARTMENTS INCLUDE REJECT 58 It is recommended that an easement be established, recorded and dedicated in perpetuity to the Quantum Park Property Owners Association or CDD for the / peripheral greenbelt. 59 Submit to the Planning and Zoning Department a presentation board containing / samples of all exterior building materials to be used for construction 60 According to the development order for Quantum Park PID dated July 2, 1996, comment number 6, the loading/unloading area and the staging area combined together are considered to be an exterior storage area and limited to no more than ~ 15 percent of the total size of the site. (This area is estimated to be approximately 60 percent of the site.) 61 Provide a more detailed drawing of the vinyl clad woven mesh fence proposed. The information submitted is inadequate to determine whether it meets the intent v/ of the Planning and Development Board's/Commission's condition regarding screening 62. Lot 77 is abutting a residential district to the east. Increase the width of the peripheral greenbelt to 40 feet, as required by the code if the pending Board of V' Zoning Appeals variance from this requirement for a reduction to 25 feet is not approved. Proposed landscape material within the peripheral greenbelt, shown on the Landscape Plan, Sheet LA-1 shall comply with the approval of the greenbelt design standards application in progress. 63 Submit traffic information indicating the number of PM peak hour trips generated by the proposed use, the aggregate peak hour trip generation for all lots served by V Park Ridge Boulevard and the total (to date) of the trips per day generated by the PID 64 The minimum width of parking aisles is 27 feet. On the Site Plan, sheet SP-1 / the dimension of the southernmost parking aisle is 25 feet. Amend the site plan to include appropriate width of the aisle or submit a parking variance application to the Planning and Zoning Department. 65 Wall signs are not a part of the Master Sign Program for Quantum Park PIO It / is recommended that the proposed wall signs for Carmax be approved administratively if at permit time, the signage complies with the Sign Code and Community Design Plan regulations stated in the LDR. 66 The site plan approval is subject to compliance with the Environmental Review / Committee conditions. An environmental review permit is required. 67 The third access to the property as requested by the Public Works Department, requires a Board of Zoning Appeals variance to be filed with the Planning and ~ Zoning Department. Issuance of a building permit will be conditioned upon the variance being granted. 68. Chapter 9 - Community Design Plan, Section 11.J requires that no overhead doors shall be located on an elevation of the building that faces certain public road or private roads (such as High Ridge Road) Amend the west elevation drawings of /' the Carmax building and the carwash structure to eliminate the overhead doors from these elevations or submit an administrative appeal request from this reauirement to the Plannino and Zonino Department. Page 6 Carmax File No NWSP 96-010 DEPARTMENTS INCLUDE REJECT 69 The Carmax monument sign at the southwest corner of the Carmax site shall be redesigned to match the wall sign proposed at High Ridge Road and Gateway ~ with ;:l ~i7F! nnt tn thF! . . Int .,inn., .:at P;:lrk ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 70 The Planning and Development Board supports the approval of the Board of Zoning ~... Appeals variance referenced in comment 67 71 Provide wheelstops in customer parking area. /' 72. The Carmax monument sign at the southwest corner of the Carmax site shall be redesigned to match the wall sign proposed at High Ridge Road and Gateway / Boulevard. 73 The Carmax sign facing 1-95 shall be deleted if the Commission approves a ./ Quantum Park multi-tenant pylon sign along 1-95. 74 Delete comment 42. /" 75 Delete comment 43 / 76 Delete comment 47 ../' 77 Delete comment 55 / 78 Delete comment 60 V 79 Delete comment 68 v" 80 Reword comment 51 as follows: Dumpster and service areas shall meet the design standards as described in Chapter 7 5 Article II Section 5.J I and / Chapter 9, Section 10 C of the Land Development Regulations. Amend the drawings to meet the requirements. Specifically, show the required landscaping along the sides of the service area and dumpster enclosure. ADDITIONAL CITY COMMISSION CONDITIONS Tn hF! .5er /1 ... rtaJ R1 ~ TTI I'll /bme c:cannnwsp. wpd ADDITIONAL CONDITIONS/COMMENTS FROM COMMISSION MEETING 1 The proposed Quantum Park Multi-tenant pylon SIgn along 1-95 IS not permitted. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 Vice Chairman Golden seconded the motion, which carried 4-3 Messrs. Rosenstock and Wische, and Ms Frazier cast the dissenting votes B Site Plans New Site Plan 1 Project Agent Owner. Location Description Carma x at Quantum Park PID James G Willard Quantum Associates, Inc. Lots 77, 78, 79 and 80 - Quantum-.Park, High Ridge Road Request for site plan approval to construct a 53,072 square foot auto sales facility on 13 678 acres In Quantum Corporate Park. Jim Willard, Attorney for Quantum Associates, introduced Paul McClellan and David Seaman representing Circuit City, and Rocky Biby and David Risinger of Kimley-Horn & Associates. Mr Willard asked for permission to discuss Item 7 B.2 before Item 7 8 1 because it affects all of Quantum Park and the Carmax site plan, and when the Carmax site plan comments are discussed, several of them will not be relevant. Motion Mr Rosenstock moved to switch 7 8.2 to take precedent over 7 B 1 Mr Wische seconded the motion, which carried 6-0 Ms. Frazier was away from the dais Major Site Plan Modification 2. Project- Quantum Park (peripheral greenbelt and modified PIO sign program) Agent- Roscoe Biby Kimley-Horn & Associates, Inc. Owner- Quantum Associates, Inc_ Location Northwest and southwest corners of the intersection of 1-95 and Gateway Boulevard Description Request for approval to establish landscaping specifications for the PID peripheral greenbelt and modify the approved sign program to include two (2) multiple 10 MINUTES PLANNING AL'lD DEVELOP\tIENT BOARD BOY'ITON BEACH, FLORIDA NOVEMBER 12, 1996 Mr Haag asked that the motion be amended to state "20 feet above the guardrail" instead of "60 feet" Messrs Wische and Rosenstock agreed to the amendment. Vice Chairman Golden felt the applicant could do a lot better The motion carried 5-2 Vice Chairman Golden and Mr Aguila cast the dissenting votes Motion Mr Aguila moved to approve the proposed monument sign subject to the discussion about the reduction in height to 6 feet of the wall plus 18" for the center decorative element, subject to staff comments and other discussion this evening_ _ Chairman Dubs asked about the signs on the ends on High Ridge and it was pointed out that they were going to be addressed as part of the Carmax site plan Mr Aguila stated that his motion refers to the one sign on Lot 65B Mr Wische seconded the motion, which carried 7-0 Chairman Dubs declared a recess at 10.05 p.m The meeting resumed at 10 15 P m 8. Site Plans New Site Plan Description Carmax at Quantum Park PIO James G Willard Quantum Associates, Inc. Lots 77, 78, 79 and 80 - Quantum Park, High Ridge Road Request for site plan approval to construct a 53,072 square foot auto sales facility on 13 678 acres in Quantum Corporate Park. 1 Project" Agent" Owner" Location Comment 42 Mr Willard said staff is concerned that the PIO use approval required that the vehicle storage area be limited to 15 percent of the site It has to do with a zoning code provision in the PIO section that says outside storage is limited to 15 percent of the site It was Mr Willard's recollection that as discussed with the Board in July, this is a staging area that 22 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 involves inventory of the vehicles on the site, a service/staging area that clearly exceeds 15 percent of the site Mr Wische recalls agreeing that it was a staging area, not a storage area Ms Heyden explained that it was approved meeting the code Mr Willard requested that this be deleted Comment 43 Mr Willard said this concern IS more specifically addressed in Comment 61 and asked that it be deleted Mr Lewicki said there was a statement on the site plan regarding the screening. He would like to see a detailed drawing of it as proposed by the engineer and which meets the standard that this Board and the City Commission approved Mr Aguila wanted a chain link fence with an epoxy coating and a hedge that Will be allmv~ to grow to a height of 5 or 6 feet Mr Willard said it will be opaque He will provIde me detail Mr McClellan said he had no desire for the public to see into that area Comments 44 and 45 Mr Willard requested that the word "shall" be changed to "may" Because of the sandy soil, he anticipated that there will not be many trees that will be able to be relocated Chairman Dubs pointed out that it states, "The trees which can be relocated " Therefore, if they cannot be relocated, the applicant does not have to move them Comment 46 Mr Willard said this comment has been met. He has submitted the letter, and there is no micro-site proposed on this site Comment 47 Mr Willard requested that this comment be deleted It refers to the greenbelt plan that has been discussed earlier in the meeting Comment 48 Mr Willard believes that there has already been a reference in this report to the acceptance of 187 parking spaces as adequate Vice Chairman Golden advised him to just change the calculation 23 MINUTES PLA.NNIl'lG AND DEVELOPME~T BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 Comment 50 Mr Willard said this comment relates to screening the equipment on top of the building The Interstate IS east and he did not think anyone can see it from there To the west, there is a tremendous amount of eXisting landscaping in the berm along High Ridge, and there will be more landscaping in the parking lot itself Mr McClellan said you are going to have a tough time seeing the building as it is Mr Aguila said we are trying to avoid seeing a compressor sitting on the roof that is 5 feet up in the air right at the edge of the parapet. If the equipment is center and the parapet is high enough, there will be no problem Comment 51 Mr Willard requested that the back at the service area and dumpster enclosure not be required to be landscaped Mr Biby explained that it would serve no purpose The landscaping would be virtually out in the middle of pavement, and he was trying not to have maintenance in that area. Mr LeWicki had a problem with this request because it would be in violation at the Code Chairman Dube said it makes sense with what they want to do Comment 54 Mr Willard requested that this comment be deleted It deals with the spacing of the perimeter trees which was addressed in the peripheral greenbelt plan Ms. Heyden pointed out that this comment states, "This requirement is not met at several locations." Mr Haag advised that this is against the right-at-way of High Ridge Road Mr McClellan agreed to add more trees there it that is an issue Mr Lewicki explained that it has been agreed that the spacing of the trees along 1-95 would be 60 feet. However, they have to be spaced 40 feet on all other locations facing all other rights-at-way Mr Willard agreed to this comment Comment 55 Mr Willard requested that this comment be deleted It deals with hedges along the right- of-way 24 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 Comment 57 Mr Willard said there is an easement in favor of the Community Development District to get to the big Quantum Corporate Park sign on 1-95 It is in the declaration of easements covenants restrictions for Quantum Park. Mr Lewicki pointed out that it did not show up on the surveyor the site plan Mr Willard will note it on the site plan that there IS an access easement to the COD for maintenance of the Quantum Corporate Park sign on 1-95 Comment 58 Mr Aguila asked who is going to maintain the greenbelt. Mr Willard said the COD would take responsibility It is going to be primarily imposed on individual lot owners, and the COD will have an easement and right to go onto the property and maintain it if the lot owners do not. This right will be given to the COD in the existing declaration of easements, covenants and restrictions Comment 60 Mr Willard said this item was already discussed and can be deleted Comment 67 Mr Willard said this deals with the concern that the Fire Department and Public Works have for egress from the property for fire trucks and big trash trucks It was agreed that their concerns about turning radius and access could be satisfied if a third driveway were designed for exiting movements of fire and trash trucks. We have designed that into a revised site plan which we would amend The definition defines access and access ways, If it is not a principal ingress and egress to the site, then it is not an access. Therefore, we think an exit only driveway for public service type trucks is not an access and does not require a variance Mr Willard requested that this comment be deleted Ms Heyden said she has discussed this with the City Attorney and the Director of Development, and a variance is needed. She said a variance allows adjacent property owners to be notified, and we cannot waive their right to be notified Mr Willard said we are the adjacent property owner Ms Heyden disagreed 25 \lI~{jTES PL-\~"'I~G AND DEVELOPMENT BOARD BOY,",TON BEACH, FLORIDA NOVEMBER 12, 1996 Comment 68 Mr Willard said this comment deals with overhead doors He displayed elevations of the Carmax building and said the west elevation, which faces High Ridge, has overhead doors He requested an administrative variance because there IS no other place to put the doors Mr Aguila asked how high the doors are Mr McClellan believes they are about 10 feet. Mr Aguila asked about the landscape material on the street. Mr McClellan said there are trees and a continuous hedge on the street. He offered to put in more trees to help screen it Mr Aguila asked how high the trees will be at planting time on High Ridge Mr Willard said they Will be 8 to 10 feet In addition, there are existing trees in the median Mr Willard advised that instead of the spilt face block origmally proposed on the outside of the building, Circuit City wants to use a cast in place tilt-up construction panel that will much better withstand the wind loads Mr McClellan said for economic purposes, it would be a concrete panel that will be finished with a textured paint or stucco so it would look like a masonry wall Ms Heyden was not prepared to respond to this request since this was the first time it was mentioned Mr Aguila would like wheel stops at every parking space in the customer and employee parking area only Motion Mr Aguila moved to approve the request for site plan approval to construct a 53,072 square foot auto sales facility on 13678 acres in Quantum Corporate Park, Lots 77, 78, 79 and 80 for Carmax at Quantum Park, subject to all staff comments with the following modifications · Delete Comments 42, 43, and 47, 55, 60, and 68 · Comment 51 - remove the wording in the last sentence that states "along the back" · Recommend to the City Commission approval of the third driveway to solve the Fire and Public Works access issue · The monument sign on the southwest corner of the site be redesigned to match the previously approved monument sign for High Ridge on Lot 658 with regard to architectural style, feature, colors, materials, and textures 26 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 . The pylon sign on the southeast corner of the site be deleted if the 60 foot or so sign on 1-95 is approved by the City Commission . Provide concrete wheel stops in the three rows of the employee parking area Mr Rosenstock seconded the motion Vice Chairman Golden stated that he voted against the use approval and is gOing to vote against the site plan to be consistent With regard to the on-site monument sign that is going to be redesigned, Mr Willard advised that Comment 49 is concerned with the sign area. He proposed.to leave the sign area the same size Mr Aguila had no objection as long as the size of the sign does no exceed the Code requirement The motion carried 6-1 Vice Chairman Golden cast the dissenting vote Description Shoppes of Woolbright PCD Anna S Cottrell The Tradewinds Group North side of the intersection of Woolbright Road and S W 8th Street Request for approval to modify the approved sign program to include freestanding and wall signage for outparcels and main building tenant(s) 3 Project Agent. Owner. Location Ms. Cottrell and Michael Morton, the property owner, were present. Ms Cottrell said her firm had done some work for RaceTrac regarding the application for site plan approval extension RaceTrac was approved a number of years ago and just got moving on this site a year and a half ago They had received their site plan approval, submitted for permits, and only after submitting for permits for their signs were they made aware that the signs had never been approved as part of their site plan application package They have not been issued permits for signs for the RaceTrac facility One small, freestanding sign exists, but it is temporary and it will not be in place once the permit signs are approved In addition, there are no wall signs on the building All of the signage at RaceTrac is temporary They were given a temporary permit for the freestanding sign so that they could display their prices When the application for the sign package was put together, the Building Department commented that in order to receive approval for the signs, the applicant would have to 27 ---- - - r, i--i j. I f\ /. iplt:~v Oct ..>,,-1'397 ,.d 81a. 97-388115 ORB 1. 0058 Pg 1757 Con 1 88 Doc 8.78 11111111111111111111111111111111 1111111111111 1111111111110\ IJlus/J j )'- l -Irt.. I L .u...{ /'..t. : f \../- 'I 7/ / I ';, y , /' f) -~! ;~ I EASEMENT THIS INDENTURE made this // day of ~,.o~,A.D., 199j~, by , CARMAX AUTO SUPERSTORES, INC a corporation existing under the laws of VIRGINIA .....' and having its principal place of business at 9950 MAYLAND DRIYE, RICHMC VIRGINIA 23233 first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "firet pa.rty" and "second party" shall 1nclude singular and plural, heirs, legal repr.sen~atives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH WHEREAS, the first party is the owner of property situate in Palm Beach county, Florida; and described as follows: SEE EXHIBIT "A" attached hereto and made a part hereof and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easemen~, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. r,-,-"" -~~ - - ~ ,,-, ~ I" ,;'J:I;'0j Q' ~o,:ume:'\t \..' 2J 'l-.. ...., ..,.....J' .. ... ~f ,2"1 rt...2Ivad. { ~' ./ __ .J___- ORB 10058 I='Q 1758 IN WITNPC:;S WP~'~OF, the first part' 'las 'lsed these - present~o ~uly executed in it~am~d its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. ATTEST Signed, sealed and delivered in the presence of: ~~.c uJddr .~ ~i )\~- '.' "'U 1/\, ~;i, fI A ~~;..."I...o.. ~ ,,~:~ J/ ~ gOeJ t"'"'- q..~ { .;. ~oo -.' r) ~ I -r' \ -r ~.~ f ...,.: .;....J ........$ ~ =-:-' =; ~~~r ~~ (~~wt SEAL) · Q"~ r:i.J ...:; _ ~CilQQ",f'~.~ ~ t" .1.:~ ,~ ..... ... .,'" '" -'_....\\\.\~ ~ \ ,\' '. 8'PkTt.;~ '- "'M...v'\"'-_.A(..-r~1 COUNTY OF --1.-\t:.tvi< I C I,) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County afo~esaid to take acknowledgements, personally appeared 'k? B.lvu.::. LvcA~ -- , ;. to 1, CL. .:.... well known to me to be the '\{\LC President and < ~ ~ respectively, of the corporation named as first party in foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. BY o-f JL(I...t... \"11 vT . WITNESS my hand and o~~~ial seal in the County State last aforesaid this ~day of S"2:{J-~"Wl13Jz... , ....19$) 0 . and .-1 ".:.: \c.c.~ ^ 'w. , ,_ L" . \) l "ooQ"'~ ..>0(" ".~ ~ .:J ~a ""; -~ I .f1I.... . Or . . , 4.J;_ ::_ _ ' ~ ....... ~ f....... nd 'tct./the'J" .~ State and County afore$'ai:a,.,,""''''''' ,1., . dO' My commission expires: Fe~:!213"''lDOI , EXHIBIT "A" ORB 100'58 Pg 1 7'59 - - DESCRIPTION 12 FOOT UTILITY EASEMENT A strip of land 12 feet in width being 0 portion of Lots 77 78 and 79 Quantum Pork at Boynton Beach P I D Plat No 7 as recorded in Plat Book 54 Pages 154 and 155 Public Records of Palm Beach County Florida the centerline being more particularly described os follows Commencing ot the southwest corner of said Lot 77 thence North 14010'59" East along the West line of said Lot 77 a distance of 199 00 feet to the POINT OF BEGINNING of the following described centerline thence departing said West lot line South 750 49'01" East a distance of 18 40 feet; thence North 58058'46" East 0 distance of 118 56 feet to reference Point I A' thence continue North 58058'46" East a distance of 22.82 feet; thence South 75.53'3.3" East 0 distance of 17303 feet thence North 14005'47" East a distance of 20428 feet to reference Point B' thence continue North 1400547 East a distance of 16084 feet thence North 75049'14" West a distance of 12861 feet to reference Point 'C' thence North 7505012 West 0 distance of 15974 feet to a point 600 feet East of as measured at right angles to the West line of said Lot 79 thence South 14010 59 West parallel With the West line of said Lot 79 a distance of 14 00 feet to the South terminus of thiS easement Together with the following described 12 foot utility easement beginning at aforementioned reference Point 'A'; thence North 30015'23" West a distance of 1717 feet to the northwest terminus of this easement Together with the following described 12 foot utility easement. beginning at aforementioned reference Point 'B thence South 7505659" East a distance of 12 03 feet to the East terminus of this easement Together with the follOWing described 12 foot utility easement beginning at aforementioned reference Point 'C' thence North 160 46'53" East a distance of 13 62 feet to the North terminus of this easement. DESCRIPTION 20 FOOT UTILITY EASEMENT A strip of land 20 feet in width. being a portion of Lots 77 and 78 Quantum Park at Boynton Beach, P I 0 Plat No 7 as recorded in Plat Book 54 Pages 154 and 155 Public Records of Palm Beach County, Florida the centerline being more particularly described as follows Commencing at the southwest corner of said Lot 77 thence North 14010'59" East along the West line of said Lot 77 a distance of 249 22 feet to the POINT OF BEGINNING of the following described centerline thence departing said West line of Lot 77 a distance of 21 51 feet thence North 14017'01" East a distance of 9308 feet to the North terminus of this easement SURVEYOR'S NOTE'S 1 THIS DRAWING IS NOT A SURVEY 2 NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE 3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER 4 THIS LEGAl DESCRIPTION IS NOT V AltO WITHOUT THE SIGNATURE AND THE ORIGINAL RAJSED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER LAND SURVEYING. INC UST 21, 1997 EMPLQYED BY II 5 DATE---ot.. L ,..~_ \ \.4 j;l~R ~O. f'..,.,. ~, " . ; r I ~j~. q , .. . ( J DESCRIPTION SKETCH PREPARED FOR K/MLEY-HORN and ASSOCIATES, /nc fre!-LjJ-'-!s--j{.--3/-,j()tJ-tJ110 LIDBERG LAND FLD JOB FB. PC -. 96-349t303AJ ~I'. SURVEYING INC OFF DATE DWG LB4431 JWH 08/2//97 A96-349A 675 West Indiontown Rood, CKD REF SHEET OF SUITE 200, Jupiter, Florida 33458 TEL 561-746-8454 D.C.L ASBU/LTrms) / 2 -- - OF\B 1. 0058 C'g 1. 760 _ 1THY H. WILKEN, CLERK PEl COUHT'f, FL .., --- ... ... 100 I 50 0 100 I I I GRAPHIC SCALE IN FEET SCALf 1 = 100' 200 I W I"J If)- - N (.0<.0 -<r1"J o ..-- (.0 ..-- Z LOT 79 I I al 6 a: Lu (!J a - a: J: (!J - :r: N75050'12"W 159 74' >- ~ -J - Cf d LOT 78 - ex: 0 0: -J -J <( ~ d co ~ Cf) NORTH TERMINUS LOT 77 ~POCI ABBREVIATIONS P 0 B = POINT OF BEGINNING P 0 C . POINT OF COMMENCEMENT ORB . OFFICIAL RECORD BOOK U E . UTILITY EASEMENT LOT 76 ~ LJOBERG LAND ~ SURVEYING INC LB4431 675 West Indiantown Road, SUITE 200. Jupiter. Florida 33458 TEL 561-746-8454 FLD JOB 96- 349( 303AJ DATE 08/2//97 REF ASBUILTrms) OFF JWH CKD D.C .L. FB. PC owe A96-349A SHEET OF 2 2 'SENT BY Shutts & Bowen ,3-19-97 4 14PM , Shutts & Bowen'" Boynton Beh fax,# 1 ,~_.c~''''''''''' '~--_......-_. -1 wi FAX TRANSMISSION SHUTTS & BOWEN LLP 20 NOR.TH ORANGs A V'B'NtJE SUlTB 1000 OlU-ANDO. FLORIDA 32801-4626 407-423-3200 (Main) M>7-425-8316 (FlU() , ~ I~. MAR 20 I9lII PLANNING Apt NO lONING DE . To Jerzy Lewicki Date: March 19, 1997 Fax #: 407/37'-6090 PhoDe: From: Angela D Shaw Pages: f mcluding cover sheet User ID: 3887 CI./Mat # 10711 0009 Subject: Quantum AssOClates sit CarMax COMMENTS Regarding the above-referenced transaction attached llS the l:nity of Title per the request of DAVid Seaman, CC' David Seaman (404!233-~372) T'1i& :a~lIimi1s COIIWnC privil.pd Imcl GOIUIdlatlal infinmaUOll illteM..! QI11)' (VI'tJ1o YJO af'lbo ad4.'"QDg~ 1UIIMII above. It YC\llIl'O rnn me Intended recipiCQt of this fIc.Iimlle. Or tho C1l1l;)]oyee 01' ,*cnt mpcnsibJe tor dellverin, it to the i1I~d lWipimt. you ~ ~by notified thaI 1:11)' diuemir.ation or capying of till. facsimile illlridly prohibited. If you hayt' moived tlriJ :il:slmllc 1;'1 CITOr, please n~ >11 immediately by telephone and I'lIt.nn the original ~Iimile to Ui It the above addreis vii the Po.tal S~.. Thank )OLl. NOTE: PLEASE CAlL IMMEDIATELY IF ALL PAGES ARE NOT RECEIVED :MAIN NUMBER: (407) 423-3200 THE PERSON SENDING THIS FACSIMll.B IS HARD COpy TO FOLLOW BY U.S. MAIL - No --- --- ---.'-'--.-'- --~..... ~EN' BY Sh~tts & Bowen I 3-19-97 4 14PM , Shutts & Bcwen~ Boynton 8ch fax,' 2 ~~@'i PREPARED BY AND RETURN ro:J lAMES G, Wll.LARD. ESQUIRE SHl?ITS &. BOWEN 20 ~ OlU.NGE A \'E}I,,"l.1E - SUITE 1000 ORLA.'tIIDO, FLOlUDA 32801 FES-27-1997 3:42Pm 97-072051 ORB 9675 p, 811 ( JI ... .1 III IUIIIIII 1.1 UNITY OF tu'LE In consideration of the issuance of a permit to CARMAX AUTO SUPER STORES, INC,~ a V1rglnia corporation for the construction of a CarMax retail store in the Cfty of Boynton Beach, Florida, the undersigned owner hereby agrees to restrict the use of the property described on the attached Exhibit "AI' (the "Property") in the following manner' 1 The Property shall be considered as one plot and parcel of ~ and that no portion of said plot and parcel of land shall be sold) transferredt devised or assigned separa.tely, except in. its en.tirety as. one plot or parcel of land. 2. The undersigned t\1rther agrees that this condition) restrletton and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be bindIng upon the undersigned, theu heus and assigns_ 3. The underslgne<11Urther agrees to record this instnnnent in the Public Records of Palm Beach County at its expense, Signed, sealed, executed and acknowledged on this \., '%y ofFebruaty~ 1997 'WITNESSES QUM"TUM ASSOCIATES, a Florida general partnership By' Quantum Simon, Inc., an Indiana By:~ I ~ "'~ . -.lI ~ ~ ~ Pr'mt Name: '1x. EL:V:t N ,s.:r. M.pt/ Itness ~ -- 8 ~ .,/ Title: V"i'<,L<;1~N-r: ~)E J{:I.NE ~~/V Print Name r;~~ Witness A.r ~",r Fe.-I ~ h~ Print Name ~E~ BV Shutts & Bowen , 3-19-97 4 15PM ~ , < STATE OF ::rl--{ DJ fH.! 11 COUNTY OF IJJ~, 0 "" ) ) ) Shutts & BO'ilen~ Boynton Ben fax,# 3 ORB 49675 Pt 812 The foregoing instrument was acknowledged before me this MIaY ofFebnwy, 1997, by /hC.U)//J tSlrn'l-{ . as Pl<&rt)f!!.J.rr of QUANTUM SIMON. INC., aD Indiana corporation. as General Partner on behalf of QUANIUM ASSOCIATES, a Florida general partners.bip. He is personally known to me [t } M _ pleH'. IS ~ idalrlffrJltinn -lJ'Qd. ,vlie4H!l4ifl Bet like an ul1th. 0AL.8i 1!7.11.1 TL~ ~' '" 'rl':.... / . I I _-./\'- ~ .I~ \ ~ .".";......;f J';l- ........ o. { .)"t.&~ OTARY PU '"-' .~~ rY N ,'., . _ ...." .f,'" yO-r' ;....~ ,..r) . f'~'1 .-; ; ',.- ::. A ,). .\... .of'; ..' 'C~~' -Sfh' '~I J :r AI / Ji.i.I.. :..,."",~ :"" ~; "77:;: ~ . y' ., _ 1'''.1 Typed or Pritt ed Name of Notary . '", ' ':-;" ~.< 1. t . . , "V' ~ rI ~v(.L >- ~ Myoommi...O;;: oxpiJ'ce~J? rP fi Smial No., if any' -2- S~N- 8v Shutts & Bowen t 3-19-97 t 4 15PM Shutts & Bowen" Boynton Bch fax # 4 TIlE PROPERTY LEGAL DESCRIPTION PARCEL 1 ORB 9675 PI 813 DOROTHY H. WillEN, CLERK PB COIJ{fV, Fl Lot 80~ PLAT OF P .C.D. CENTER, aeeontins to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm BeKh County, Florida rcamicd in Plat Book 60, pap lOtS; said lands situate, lying ancf being in Palm Beach County~ Florida. Lei. that part oCLot 80. PLAT OF P.C.D. CENTER, 88 regarded in Plat Book 60. pas. 106.81 eonveycd to the State of Florida Ul Deed dated Octobw 30, 1990 IDd recordod J8I1U8I)' 22. 1991 in Official Records Book 6705, page 1886. of the Public Record.s ofPaL"1l Beach County, Florida, being more particularly descn'bed IS follows: Commence at the W C51 Quarter (W1/4) corner of Section 16, Township 4S South, Range 43 Bati thence nm North 01 degrees 23 minutes 32 seconc1s West, aloogthe West line ofuid Section 16, to the baseline of survey for NW 22nd Avenue. a distance of22.69 feet; th=ce South 88 dearees ~, minutes 47 lecon.dI East. adi,tance of 1315.16 feet ailq laid baseline. thence South 01 degrees 02 minute. 13 ~dI WClSt, a distan" oCl60.61 feet to the NorthClUt comer gf said Plat IIIld. the PciIlt ofBe&iJm,ing; thence South 13 degrees 01 minutes 41 secoDd.s West, along the Easterly line of said Plat. said line also beina the Westerly exianna Ript..or. Way line for the CSX Railroad, a distance of 1188.S1 feeti thence North 19 degrees S2 mmutcl441CCODdt WOIt, aloDS the Southerly tme of said. Plat, a chstan" of 10.61 feet; th~ North II dcgrcca 20 minutes 09 ICOOnds East, a distance of 1183.35 feet; tbe.nce South 81 degrees 02 minutes 39 seconds But, along the Northerly hne of said Plat. said line also bemi the exiating Southerly Limited Access Rii!1t-of. Way line for NW 22Dd A venue, a dictsmce Qf 46.00 feet to the Point of Begll"lfti1\g. AND PARCBL2: Lots TI. 78 aDd 19, QUANTUM PARK AT BOYNTON BEACH, P J.D., PLAT NO '. according to the Plat thereof on file in the Office of the Clerk: of the Circuit Court in and for Palm Beach County. Florida recorded in Plat Book 57, page 194, said lmds situate-lying 8Z1G beina in Palm Beach County, Florida. ~IT "It.." DAUlIan70.1- TLR / / ,I'i '1\ . ,I,! ; iLjl ___.__.--..-.1 I '. r I' I'. (~ H.t . 'l,i~'_' r,ND .JONINr. DF,tl___-- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOI ~l>(j)rnDwrnoo H II ~I 3 1996 PLANNING AND ZONING DEPT. APPLICANT QUANTUM PARK PID APPLlCANrs AGENT James Willard, Acent for Quantum Associates DATE OF HEARING BEFORE CITY COMMISSION: July 2,1996 1 TYPE OF RELIEF SOUGHT Reauest to amend the list of Dermltted usee for the Quantum Coroorate Park PID to allow used and new car sales on certain commercially desianated lots within the PID, sDecificallY 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 evidence 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 AI/It , DATED' Julv 16, 1996 ~,~~ City lerk c:~ Inn reY.11241ge Quantum.PIC EXHIBIT "&" Conditions of AJproval Project 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 EN(iINEERING 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 V Center to PID 2 New and used car sales use approval is subject to approval of the change in land use designation of lot~ 76, 77, 78 and 79 from industrial to L--'"" 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 DRI 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 lot. '" 77, 78, 751 and 80. ADDITIONAL CONDITIONS FROM COMMISSION :MEETING p/I I 1 2 3 4 5 6 7 8 9 EXHIBIT "(3-" Conditions of AJproval Project name --Quantum Park prD File number USAP 96-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments NONE UTILITIES Comments NONE FIRE Comments NONE POLICE Comments NONE ENI.iINEERING 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 PCO ~ Center to PIO 2 New and used car sales use approval is subject to approval of the change in land use designation of lot~ 76, 77, 78 and 79 from industrial to ~ 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 DRI development order 4 New and used car sales is subject to V environmental review 5 New and used car sales use approval is v" limited to lot. 7', 77, 78, 751 and 80 Page 2 Use Approval Quantum Park PID USAP 96-002 - DEPARTMENTS The load~rg/ unloadi~g area and the service/staging area designated on the prelim~nary site plan shall be identified as storage area and limited to flfteen (15) percent of the site as specified in the prD 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 PIO gree~elts to include dense vegetation compriaed 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 2 ADDITIONAL CITY COMMISSION CONDITIONS 1 To be determined TJH7d~m a ComCep~ Cua INCLUDE REJECT / ~ ~ / / JiM