AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City CommissIOn Date Final Form Must be Tumed
Meeting Dates in to City Clerk s Office Meeting Dates in to City Clerk's Office
0 July 17 2001 July 5 2001 (5'00 p.m.) 0 September 19 2001 September 5 2001 (5'00 p.m.)
0 August 7 2001 July 18,2001 (5:00 p.m.) 0 October 2,2001 September 20, 2001 (5:00 p.m.)
0 August 21 200 I August 8, 2001 (5:00 p.m.) [gI October 16, 200 I October 3 2001 (5:00 p.m.)
0 September 4 200 I August 22,2001 (5'00 p.m.) 0 November 6, 2001 October 17 2001 (5:00 p.m.)
0 AdmmIstratlve 0 Development Plans
NATURE OF [gI Consent Agenda 0 New Busmess
AGENDA ITEM 0 Public Heanng 0 Legal
0 Bids 0 Unfmished Busmess
0 Announcement 0 Presentation
0 City Manager s Report
RECOM:\-IENDATION Please place this request on the October 16,2001 City CommissIOn Agenda under
Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request be
approved subject to staff comments. For further details pertaining to this request see attached Department of Development
Memorandum No PZ 01-205
EXPLA.c~A TION
PROJECT NAME
AGEKT
OWNER.
LOCA nON
DESCRIPTION
GA TEW A Y CROSSING (QUA1~TUM PARK PID USAP 01-003)
"l" eil Gaeta
Boynton Industnal Realty Corporation
Quantum Park PID
Request to amend the lIst of penmtted uses withm the Quantum Park PID to
allow retail shops, a fast food restaurant With drive-through, and a SIt-down
restaurant on Lots 81 and 82.
PROGR<\l\l IMP ACT
N/A
FISCAL IMP ACT
N/A
NiA
City Manager's Signature
/'0 to/I 7~
Planning & ZODln Irector City Attorney / Finance i Human Resources
S-\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Crossing\USAP\Agenda Item Request USAP Gateway Crossing.Quantum.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT "C"
CondItIOns of Approval
Project name' Gateway Crossmg (Quantum Park Pill)
File number' USAP 01-003 (Use Approval)
R fi L f fr N 01 J G fG D
C d dS
b 5 2001
e erence' etter 0 request om eI aeta 0 aeta eve opment 0 ate eptem er ,
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments. X
UTILITIES
Comments. X
FIRE
Comments X
POLICE
Comments X
ENGINEERING DIVISION
Comments. X
BUILDING DIVISION
Comments X
P ARKS AND RECREATION
Comments X
FORESTER/ENVIRONMENT ALIST
Comments. X
PLANNING AND ZONING
Comments
1 Retail uses Will be limited to those lots With the commercIal use" optIOn. X
2. Restaurants and related dnve-through features shall be lmllted to Lots #81 and X
#82.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments. To be determmed.
S -\PJanning\SHARED\ WP\PROJECTS\Quantum-Gateway Crossing\USAP\Conditions of Approval.doc
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 01-205
FROM
Chairman and Members
Planning and Development Board
Michael Rumpf t'\\F--
Director of Planning and Zoning
TO'
DATE.
September 24, 2001
SUBJECT
Quantum Park PID (File No USAP 01-003)
Retail store, fast food restaurant with drive-thru service, and restaurant on Lots 81 and 82
NATURE OF REQUEST
Mr Neil J Gaeta, of Gaeta Development Co , is requesting use approval for retail stores, a fast food
restaurant with drive-thru service, and a "high-turnover" restaurant, for the above-referenced lots within the
Quantum Park Planned Industrial Development (see attached location map - Exhibit "A ') The applicant is
proposing to construct a 77,375 square-foot building to house multiple retail uses The planned project is
also to include two (2) smaller structures each at 5,000 square-feet, one of them to be used for a fast food
restaurant with drive-thru service, and the other one for a "high-turnover" restaurant (see proposed site
plan - Exhibit "B")
Chapter 2, Zoning, Section 7,E of the Boynton Beach Land Development Regulations permits building
structures to be occupied by any office, professional business (wholesale or retail), provide that all new
uses proposed within a Planned Industrial Development (PID) district be approved by the Planning and
t. Development Board (and City Commission) Furthermore, according to the Master Site Development Plan
.!J Amendment No 10 for the Quantum Park PID, the subject parcels (81 and 82) are classified as "OIC",
thereby allowing office, industrial and commercial use alternatives
In compliance with the above-referenced section of the Land Development Regulations, the applicant is
requesting that retail stores, and fast food restaurants, including a drive-thru feature be approved for the
lots 81 and 82, Quantum Park PID, with the commitment to comply with all of the City's performance
standards
BACKGROUND
The following is a description of the zoning district and land use classifications of properties surrounding
the subject parcels, indicated in Exhibit A
North
Gateway Boulevard right-of-way and farther north a vacant property zoned PID and classified
OIC, Office, Industrial and Commercial,
Car Max, an automobile dealership zoned PID and classified COMM, Commercial
Seaboard Railway and 1-95 rights-of-way. and
High Ridge Road right-of-way, and farther west a gas station and vacant parcels zoned PID
and classified MU, Mixed Use
South
East:
West:
Unlike other conventional zoning districts the zoning code does not set forth specific uses permitted in a
PID Pursuant to Chapter 2 - Zoning Section 7 E in a PID a building and its customary ancillary
structures and land uses may be erected altered and occupied for any office professional business
(wholesale and retail), educational institution adult entertainment (consistent with Section 11 M of the
) zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and
Development Board To approve such a use the Planning and Development Board must make findings
that the proposed use will not be in conflict with the performance standards listed in Section 4 N of the
zoning regulations, and that the use proposed is consistent with the intent and purposes of the Planned
Industrial Development District.
Page 2
Memorandum No PZ 01-205
J
Furthermore, in March 2000, the City of Boynton Beach approved the Master Site Development Plan
Amendment No 10 for the Quantum Park PID to reflect new trends in the type of uses suitable within the
Quantum Park PID Based on the Amended Plan, and concurrently with this use approval request, the
applicant is proposing the construction of three commercial retail and restaurant buildings totaling 87,375
square-feet on lots 81 and 82 of the Quantum Park PID, (see Exhibit "B" - proposed site plan).
ANAL YSIS
The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to
persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to
interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration,
smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation,
electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation
The applicant has been asked to provide a description of their request relative to the performance
standards within Chapter 2, Section 4 N of the Land Development Regulations to evaluate the impact and
appropriateness of this use within the PID district. These responses are listed as follows
1} Noise No sound will be created which in violation of Section 15-8 of the City Of Boynton
Beach Code of Ordinances
2) Vibrations No ground vibrations will be generated by the proposed use.
~
f~"
3)
Smoke, dust, dirt, or other particular matter' No emission of smoke, dust, dirt or other
particular matter will be created The proposed use will not allow the emission of any
substances in violation of any federal, state, county or city laws or permits governing the
emission of such substances
4) Odors and fumes No objectionable or offensive odors will be readily perceptible at any point
beyond the industrial district.
5) Toxic or noxious matter' The proposed use will not allow any toxic or noxious matter to be
discharged in such concentrations as to cause damage to property or vegetation, discomfort
or harm to persons or animals, or prevent the reasonable use and enjoyment of property or
rights-of-way at or beyond the property line or to contaminate any public waters or any
groundwater
6) Fire and Explosion The proposed use will not create a fire or explosion hazard
7) Heat, Humidity or Glare The proposed use will not produce heat, humidity or glare, which is
readily perceptible past the property boundary The lighting will conform to the City of
Boynton Beach s standards
8) Liquid Waste Any disposition of liquid waste will be in conformance with the provisions of
Chapter 26 of the City of Boynton Beach Code of Ordinances or any applicable federal
state or county laws or permits
9)
Solid Waste Any accumulation or disposal of solid waste will be in conformance with
Chapter 10 of the City of Boynton Beach Code of Ordinances and will not be transferred to
adjacent or nearby property or rights-of-way
J
10) Electromagnetic Interference No electromagnetic radiation or interference will be created
Page 3
Memorandum No PZ 01-205
11) Hazardous Materials and Hazardous Waste No hazardous materials or hazardous waste will be
created, stored or handled with the proposed use
It is the opinion of staff that the proposed retail and restaurant uses are consistent with the intent and
purpose of the Quantum Park PID, as the master plan has always had a "commercial" use option on
selected lots, the uses reflect changes in land development or current market trends, and furthers the
attempt to provide a desirable environment for industrial developments, "while complying with the City's
code requirements" As for impacts to both the adjacent properties and the Quantum Park PIO, the
proposed uses are compatible with adjacent uses which includes a gas station, car dealership, and the
uses anticipated on the nearby parcels designated for mixed use The total acreage for the subject parcels
is within the maximum intensity for commercial uses allowed by the Quantum Park DRI Master Plan
Furthermore, the applicant has submitted a traffic performance standard review statement reviewed by the
Palm Beach County Traffic Division, determining that the proposed development falls within the previously
approved DRI and meets the Traffic Performance Standards of Palm Beach County
Use approvals typically apply to lots with selected use options, rather than only specified lots Staff would
recommend that the retail use element of the request be processed as typical and therefore apply to lots
with the "commercial" use option, whereas in order to limit the magnitude of restaurants within the
Quantum PID, and in particular, fast food restaurants Staff recommends that the restaurant aspect of the
application only apply to Lots 81 and 82
The site plan for the project is being reviewed and prepared concurrent with the subject use approval
request.
!
RECOMMENDATION
Based on the analysis contained herein, staff recommends that the list of permitted uses within the
Quantum Park PID, be amended to allow retail uses on lots with the 'commercial use option and to allow
restaurants, with or without drive-through services, only on Lots 81 and 82 Additional conditions
recommended by the Planning and Development Board or the City Commission will also be placed in
Exhibit "C" - Conditions of Approval
MR.sb
Attachments
S :\planningISHAREDlWPlPROJECTSIQuantum-Gateway CrossinglUSAPlStaff Report.doc
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''''')
LOCATION MAP
Gateway Crossing
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 July 17 2001 July 5,2001 (5'00 p.m.) D September 19 200 I September 5 2001 (5:00 p.m.)
0 August 7 200 I July 18,2001 (5'00 p.m.) 0 October 2,2001 September 20, 2001 (5:00 p.rn.)
0 August 21 200 I August 8, 2001 (5'00 p.m.) D October 16, 2001 October 3 2001 (5'00 p.m.)
D September 4 2001 August 22,2001 (5:00 p.m.) ~ November 6,2001 October 17 2001 (5:00p.m.)
D Admmistrative 0 Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM 0 Public Heanng 0 Legal
0 Bids 0 UnfImshed Business
0 Announcement 0 PresentatIOn
0 City Manager's Report
RECOMMENDATION Please place tlus request on the November 6, 2001 City Commission Agenda under
Consent Agenda. The Planmng and Development Board With a unanunous vote recommended that the subject request be
approved subject to staff comments. You will recall that the City Commission, during their mitial review of this item, added a
condition to the development order reqUIring the review and approval of the Gateway Crossings site plan by the Quantum
Park Architectural Review Comrmttee on or before October 22nd, otherwise the project must return for a recommendatIon by
City Commission at their November 6th meeting. Staff IS reserving tlus place on the agenda m the event that this condition is
not met. If thiS condition IS met, the item would then be pulled from the agenda. For further details pertaining to this request
see attached Department of Development Memorandum No. PZ 01-205
EXPLANATION
PROJECT NAME.
AGENT
OWNER.
LOCATION
DESCRIPTION
GATEWAY CROSSING (QUANTUM PARK PID USAP 01-003)
Neil Gaeta
Boynton Industrial Realty Corporation
Quantum Park PID
Request to amend the hst of permitted uses within the Quantum Park PID to
allow retail shops, a fast food restaurant with drive-through, and a sit-down
restaurant on Lots 81 and 82
PROORAM IMP ACT
FISCAL IMP ACT
ALTERNAtS ,
Development
N/A
N/A
N/A
City Manager's Signature
/4-IJ ~?
Planmng & Zorung ector City Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Crossing\USAP\Agenda Item Request USAP Gateway Crossing.Quantum.dot
S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT "C"
CondItIons of Approval
Project name Gateway Crossmg (Quantum Park PID)
FIle number' USAP 01-003 (Use Approval)
R b L f f N I J G fG D
C d d S
b 5 2001
e erence etter 0 request rom el aeta 0 aeta eve opment 0 ate eptem er ,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments X
UTILITIES
.
Comments X
FIRE
Comments X
POLICE
Comments X
ENGINEERING DIVISION
Comments X
BUILDING DIVISION
Comments X
P ARKS AND RECREATION
Comments. X
FORESTER/ENVIRONMENTALIST
Comments X
PLANNING AND ZONING
Comments
1 Retail uses WIll be hmlted to those lots WIth the commercIal use optIOn. X
2. Restaurants and related dn\'e-through features shall be hmlted to Lots #81 and X
#82
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
X
Comments NONE
Page 2
Steak 'n Shake
File No CO US 98-005
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments
3 Gateway Crossmg Site Plan roJect must be approved without condItions by the X
Quantum Architectural ReView Committee prior to and as a conditIOn of
permitting. If Quantum Architectural ReView Comnuttee does not approve by
October 22, 2001 this approval by the City IS subject to recommendation at the City
Commission meeting of November 6, 2001
S "\Planning\S H AR ED\ WP\PR OJECTS\Quantum-Gateway Crossing\USA P\Conditions of Approval.doc
.\
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 01-205
FROM
Chairman and Members
Planning and Development Board
Michael Rumpf '-"'V:::--
Director of Planning and Zoning
TO
DATE
September 24,2001
SUBJECT
Quantum Park PID (File No USAP 01-003)
Retail store, fast food restaurant with drive-thru service, and restaurant on Lots 81 and 82
NATURE OF REQUEST
Mr Neil J Gaeta, of Gaeta Development Co , is requesting use approval for retail stores, a fast food
restaurant with drive-thru service, and a 'high-turnover" restaurant, for the above-referenced lots within the
Quantum Park Planned Industrial Development (see attached location map - Exhibit "A ') The applicant is
proposing to construct a 77,375 square-foot building to house multiple retail uses The planned project is
also to include two (2) smaller structures each at 5,000 square-feet, one of them to be used for a fast food
restaurant with drive-thru service, and the other one for a 'high-turnover" restaurant (see proposed site
plan - Exhibit "B")
Chapter 2, Zoning, Section 7,E of the Boynton Beach Land Development Regulations permits building
structures to be occupied by any office professional, business (wholesale or retail), provide that all new
uses proposed within a Planned Industrial Development (PI D) district be approved by the Planning and
~, Development Board (and City Commission) Furthermore, according to the Master Site Development Plan
-} Amendment No 10 for the Quantum Park PID, the subject parcels (81 and 82) are classified as "OIC",
thereby allowing office industrial and commercial use alternatives
In compliance with the above-referenced section of the Land Development Regulations, the applicant is
requesting that retail stores, and fast food restaurants, including a drive-thru feature be approved for the
lots 81 and 82, Quantum Park PID, with the commitment to comply with all of the City's performance
standards
BACKGROUND
The following is a description of the zoning district and land use classifications of properties surrounding
the subject parcels, indicated in Exhibit A
North
Gateway Boulevard right-of-way and farther north a vacant property zoned PID and classified
OIC, Office Industrial and Commercial
Car Max, an automobile dealership zoned PID and classified COMM Commercial
Seaboard Railway and 1-95 rights-of-\/ay' and
High Ridge Road right-of-way, and farther west a gas station and vacant parcels zoned PID
and classified MU Mixed Use
South
East:
West:
Unlike other conventional zoning districts the zonmg code does not set forth specific uses permitted in a
PID Pursuant to Chapter 2 - Zoning Section 7 E in a PID a building and its customary ancillary
structures and land uses may be erected altered and occupied for any office professional business
(wholesale and retail) educational institution adult entertainment (consistent with Section 11 M of the
) zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and
Development Board To approve such a use, the Planning and Development Board must make findings
that the proposed use will not be in conflict with the performance standards listed in Section 4 N of the
zoning regulations and that the use proposed is consistent with the intent and purposes of the Planned
Industrial Development District.
Page 2
Memorandum No PZ 01-205
,I
Furthermore, in March 2000, the City of Boynton Beach approved the Master Site Development Plan
Amendment No 10 for the Quantum Park PID to reflect new trends in the type of uses suitable within the
Quantum Park PID Based on the Amended Plan, and concurrently with this use approval request, the
applicant is proposing the construction of three commercial retail and restaurant buildings totaling 87,375
square-feet on lots 81 and 82 of the Quantum Park PID, (see Exhibit lOB" - proposed site plan)
ANAL YSIS
The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to
persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to
interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration,
smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity. radiation
electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation
The applicant has been asked to provide a description of their request relative to the performance
standards within Chapter 2, Section 4 N of the Land Development Regulations to evaluate the impact and
appropriateness of this use within the PID district. These responses are listed as follows
1) Noise No sound will be created which in violation of Section 15-8 of the City Of Boynton
Beach Code of Ordinances
2) Vibrations No ground vibrations will be generated by the proposed use
~
3)
Smoke, dust, dirt, or other particular matter' No emission of smoke, dust, dirt or other
particular matter will be created The proposed use will not allow the emission of any
substances in violation of any federal, state, county or city laws or permits governing the
emission of such substances
4) Odors and fumes No objectionable or offensive odors will be readily perceptible at any point
beyond the industrial district.
5) Toxic or noxious matter' The proposed use will not allow any toxic or noxious matter to be
discharged in such concentrations as to cause damage to property or vegetation, discomfort
or harm to persons or animals, or prevent the reasonable use and enjoyment of property or
rights-of-way at or beyond the property line or to contaminate any public waters or any
groundwater
6) Fire and Explosion The proposed use will not create a fire or explosion hazard
7) Heat, Humidity or Glare The proposed use will not produce heat, humidity or glare which is
readily perceptible past the property boundary The lighting will conform to the City of
Boynton Beach s standards
8) Liquid Waste Any disposition of liquid waste will be in conformance with the provisions of
Chapter 26 of the City of Boynton Beach Code of Ordinances or any applicable federal
state or county laws or permits
9)
Solid Waste Any accumulation or disposal of solid waste will be in conformance with
Chapter 10 of the City of Boynton Beach Code of Ordinances and will not be transferred to
adjacent or nearby property or rights-of-way
)
10) Electromagnetic Interference No electromagnetic radiation or interference will be created
Page 3
Memorandum No PZ 01-205
11) Hazardous Materials and Hazardous Waste No hazardous materials or hazardous waste will be
created, stored or handled with the proposed use
It is the opinion of staff that the proposed retail and restaurant uses are consistent with the intent and
purpose of the Quantum Park PID, as the master plan has always had a "commercial" use option on
selected lots, the uses reflect changes in land development or current market trends and furthers the
attempt to provide a desirable environment for industrial developments, "while complying with the City's
code requirements" As for impacts to both the adjacent properties and the Quantum Park PID, the
proposed uses are compatible with adjacent uses which includes a gas station, car dealership, and the
uses anticipated on the nearby parcels designated for mixed use The total acreage for the subject parcels
is within the maximum intensity for commercial uses allowed by the Quantum Park DRI Master Plan
Furthermore, the applicant has submitted a traffic performance standard review statement reviewed by the
Palm Beach County Traffic Division, determining that the proposed development falls within the previously
approved DR! and meets the Traffic Performance Standards of Palm Beach County
Use approvals typically apply to lots with selected use options, rather than only specified lots Staff would
recommend that the retail use element of the request be processed as typical and therefore apply to lots
with the "commercial" use option, whereas in order to limit the magnitude of restaurants within the
Quantum PID, and in particular, fast food restaurants Staff recommends that the restaurant aspect of the
application only apply to Lots 81 and 82
The site plan for the project is being reviewed and prepared concurrent with the subject use approval
request.
I
.~
RECOMMENDATION
Based on the analysis contained herein, staff recommends that the list of permitted uses within the
Quantum Park PID, be amended to allo'.,'/ retail uses on lots with the commercial use option and to allow
restaurants, with or without drive-through services, only on Lots 81 and 82 Additional conditions
recommended by the Planning and Development Board or the City Commission will also be placed in
Exhibit C" - Conditions of Approval
MR.sb
Attachments
S .'Plannio,g\SHAREOI W P'PROJECT S\Quanlum-Galeway Cressing\USAP\Sla!f Re pert.cec
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LOCATION MAP
Gateway Crossing
EXHIBIT "A"
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