AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 16,2002 (Noon)
D February 4, 2003
D February 18, 2003
D March 4, 2003
D March 18,. 2003
January 21,2003 (Noon)
D December 3, 2002
D December 17, 2002
[gJ January 7, 2003
D January 21, 2003
November 18,2002 (Noon)
December 2, 2002 (Noon)
February 3, 2003 (Noon)
February 18, 2003 (Noon)
January 6, 2003 (Noon.)
March 3, 2003 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[gJ Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D UnfImshed Business
D Presentation
RECOMMENDATION: Please place this request on the January 7,2003 City Commission Agenda under
Consent Agenda. The Planning and Development Board on November 26, 2002 with a unanimous vote, recommended that
the subject request be denied. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 02-229
EXPLANATION:
PROJECT.
AGENT:
OWNER.
LOCA nON
Gateway Plaza (USAP 02-002)
H. Burton Smith, P.E.
KWB Charitable Trust
Lot 91 - Quantum Park PID
(Northeast comer of High Ridge Road and Gateway Boulevard,
Quantum Park PID)
Request for use approval for a gasoline dispensing establishment and convenience store
on Lot 91 in the Quantum Park PID
DESCRIPTION.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Developmen
'-
City Manager's Signature
/fLU ~
Planning and Zoning rrector
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\Agenda Item Request Gateway Plaza USAP 02-002 1-7-03.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 3,2002
0 December 17,2002
0 January 7, 2003
rzI January 21, 2003
rr
o February 4, 2003
o February 18,2003
o March 4, 2003
o March 18,. 2003
January 21, 2003 (Noon)
November 18, 2002 (Noon)
December 2, 2002 (Noon)
February 3,2003 (Noon)
December 16, 2002 (Noon)
February 18, 2003 (Noon)
January 6, 2003 (Noon.)
March 3, 2003 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
rzI Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
RECOMMENDATION: Please place this request on the January 21,2003 City Conunission Agenda under
Public Hearing. The City Conunission with a 5 to 0 vote removed this item from the Consent Agenda tabling it, and
requested that it be brought back as a Public Hearing on the January 21, 2003 City Conunission meeting. The Planning and
Development Board on November 26, 2002 with a unanimous vote, recommended that the subject request be denied. For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-229.
EXPLANATION:
PROJECT'
AGENT.
OWNER:
LOCATION:
Gateway Plaza (USAP 02-002)
H. Burton Smith, P.E,
KWB Charitable Trust
Lot 91 - Quantum Park PID
(Northeast comer of High Ridge Road and Gateway Boulevard,
Quantum Park PID)
Request for use approval for a gasoline dispensing establishment and convenience store
on Lot 91 in the Quantum Park PID
DESCRlPTION.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
\..)
(;r!J&'A
City Manager's Signature
m/)(~ JtuntF
City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Quanturn-Gateway Plaza\USAP 02-002\Agenda Item Request Gateway Plaza USAP 02-002 1-21-03.dot
S.\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 02-229
TO Chairman and Members
Planning and Development Board
THROUGH Michael Rumpf
Director of Planning and Zoning
FROM: Eric Lee Johnson, AICP
Planner
DATE: November 21,2002
SUBJECT: Gateway Plaza (USAP 02-002)
Request for Use Approval for a Gasoline Dispensing Establishment and Convenience
Store on Lot 91 in the Quantum Park PID
NATURE OF REQUEST
Typically, a request for use approval is based on the assumption that the use will be available on multiple
lots in a PID. This request for use approval for a gasoline-dispensing establishment would only be a use
approved for Lot 91. KWB Charitable Trust is the owner of Lot 91. Lot 91 is 6.54 acres in size with an
Office - Industrial - Commercial Master Plan designation Pace Development Services (Pace) is the
contract purchaser of the subject property. Pace, the developer, is the owner and operator of a number of
retail fueling centers This request for use approval is for a gasoline-dispensing establishment I
convenience store. The accompanying conditional use I new site plan application (COUS 02-005) also
shows diesel fuel pumps, an automatic carwash, and a fast-food restaurant. According to the application,
the diesel fueling stations would provide service for tractor-trailers that make daily deliveries to the Publix
Distribution Center (Lot 55). This proposed facility will allow these drivers to refuel, and patronize the
convenience store The site plan indicates that the project will be completed in four (4) phases. The
construction of the gasoline dispensing establishment, accessory car wash, convenience store, and
restaurant are proposed within the first three (3) phases. which would occupy 3.5 acres in area, The
unimproved portion of this property (304 acres) will remain in its natural state until it is ultimately site
planned
BACKGROUND
The following is a description of the zoning districts and land use classifications of properties surrounding
the subject parcels, indicated in Exhibit "A"
North:
Tri-Rail station zoned Planned Industrial Development (PI D), with a Governmental &
Institutional (G&I) Master Plan designation,
South:
Gateway Boulevard right-of-way, farther south is undeveloped Lot 82, zoned Planned
Industrial Development (PID) with a Office - Industrial - Commercial (OIC) Master Plan
designation;
East:
C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way;
West:
Undeveloped Quantum Park Lot 85 (future commercial plaza I townhouses), zoned Planned
Industrial Development (PID) with a Mixed Use (MU) Master Plan designation
In 1999, the City Commission approved Lot 91 for an Ice Skating Rink (The Frozen Ponds I USAP 99-003)
Ice-skating rinks are included as a permitted use option under the "Commercial" designation of the
Quantum Park DRI The "The Frozen Ponds" site plan has since expired. On April 27, 1999, the City
Page 2
Memorandum No PZ 02-229
Commission approved the Mobil On the Run gas station located at the southwest corner of Gateway
Boulevard and High Ridge Road. The use was approved with a condition limiting the Quantum Park PID to
a single gas station in order to avoid any future proliferation of such uses as seen in other areas of the City
A second gas station in the Quantum Park PIO would be in violation of this previous project's condition of
approval. However, this use approval application will also constitute a request to amend that condition of
approval limiting the PID to one (1) gasoline-dispensing establishment.
Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a
Planned Industrial Development (PID) district. 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. In approving a particular 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 PID
ANAL YSIS
The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the
Land Development Regulations as they relate to the proposed use of a gasoline-dispensing facility and
convenience store. The purpose of the Performance Standards are 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's responses are listed below:
1) Noise: No use shall be carried out by Pace Development Services so as to create sound
which is in violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances.
2) Vibrations' No use shall be carried out by Pace Development Services so as to create
inherently and recurrently generated ground vibrations, which are perceptible without
instruments at any point at or beyond the property lines of the property on which the use is
located.
3) Smoke, dust, dirt, or other particular matter: Pace Development Services shall not allow
the emission of smoke, dust, dirt or other particular matter which may cause damage to
property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable
use and enjoyment of property and rights-of-way, at or beyond the property lines of the
property on which it is located Furthermore, Pace Development Services shall not allow
emissions 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 Pace Development Services shall not allow the emission of objectionable
or offensive odors or fumes in such concentration as to be readily perceptible at any point
beyond its property.
5) Toxic or noxious matter: Pace Development Services will not allow the discharge of any
toxic or noxious matter in such concentrations as to cause damage to property or
vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and
Page 3
Memorandum No. PZ 02-229
enjoyment of property or rights-of-way, at or beyond the property line of their property or to
contaminate any public waters or any groundwater
6) Fire and Explosion: Pace Development Services' uses shall not create a fire or explosion
hazard to adjacent property or right-of-way, or any persons or property thereon
Furthermore, Pace Development Services certifies that the storage, use or production of
flammable or explosive materials shall be in conformance with the provisions of Chapter 9
of the City of Boynton Beach Code of Ordinances.
7) Heat, Humidity or Glare Pace Development Services' uses shall not produce heat, humidity
or glare, which is readily perceptible at any point at or beyond the property line of the
property Artificial lighting, which is used to illuminate any property or use, shall be directed
away from any residential use which is a conforming use according to the City of Boynton
Beach zoning regulations, so as not to create a nuisance to such residential use
8) Liquid Waste: No use will be carried out by Pace Development Services which would
dispose liquid waste of any type, quantity or manner which is not in conformance with the
provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any
applicable federal, state or county laws or permits.
9) Solid Waste' Pace Development Services shall not allow the accumulation or disposal of
solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code
of Ordinances, or which would cause solid waste to be transferred in any manner to
adjacent or nearby property or rights-of-way.
10) Electromagnetic Interference: Pace Development Services shall not create electromagnetic
radiation which causes abnormal degradation or performance of any electromagnetic
receptor of quality and proper design as defined by the principals and standards adopted by
the Institute of Electrical and Electronics Engineers or the Electronic Industries Association.
Furthermore, Pace Development Services shall not cause electromagnetic radiation which
does not comply with the Federal Communications Commission regulations, or which
causes objectionable electromagnetic interference with normal radio or television reception.
11) Hazardous Materials and Hazardous Waste' Pace Development Services shall comply with
all hazardous materials and hazardous waste regulations, local, state, and federal
The performance standards contain no explicit supplemental documentation such as certified statements,
reports, or studies related to each standard. Although the applicant certifies that they will not violate any of
the above-referenced performance standards, the applicant has not provided staff with any supplemental
information pertaining to each standard. For example, a statement / study from an Acoustical Engineer
certifying that the proposed use would not violate the City Noise Ordinance would satisfy the first
performance standard. No report has been given to staff that indicates that the proposed use will exceed
the L 10 sound level limits by more than the allowable thresholds No statement has been given outlining
the anticipated "pure tones" that the proposed use will generate. Furthermore, a gasoline-dispensing
establishment must typically submit a Material Safety Data Sheet, which is directly related to the
Environmental Review Permit.
CONCLUSIONS AND RECOMMENDATION
Notwithstanding the above-described issues, staff has conducted a preliminary review of the use at the
proposed location; however, staff endorses the current condition of limiting the PID to one gas station.
Therefore, staff recommends that the subject request for an additional gas station be denied This
recommendation is based on the fact that the Quantum Park PID is a master planned development
subject to higher standards and expectations with respect to the diversity of land uses within the PID
Page 4
Memorandum No PZ 02-229
If this use is desired by the Board and Commission, staff is equally concerned about potentially-negative
site impacts, site suitability, and traffic issues
These issues primarily pertain to traffic characteristics, current roadway design, and site impacts. The
traffic study submitted with this request for use approval meets the Traffic Performance Standards of Palm
Beach County in terms of vehicle trips but does not address specific road design or potential negative
impacts in or around the subject site.
The projects approved near the subject site include 94,100 square feet of commercial and 136 fee-simple
townhouses (SBMP 02-002), 39 fee-simple townhouses (SBMP 02-003), and the Tri-Rail double-track
expansion. The parcel cattycorner to the subject property was approved for 234 rental apartments and
132,032 square feet of commercial (SBMP 02-001). Staff has major concerns regarding possible traffic
accidents as a result of the development of the subject site with the proposed use. The site plan shows
that a total of two (2) driveways are proposed, one (1) directly to High Ridge Road Staff anticipates that
the types of vehicles associated with this use (tractor trailers), which will utilize these points of access,
coupled with the proposed driveways (traffic flow) from this project as well as driveways from the other
projects could pose hazardous driving conditions in the future Much of the surrounding properties are
currently undeveloped but according to Police records, since February 2000, there have been 55 traffic
accidents reported on High Ridge Road north of Gateway Boulevard, which were directly influenced by this
intersection Since March 2000, there have been 32 traffic accidents on High Ridge Road south of
Gateway Boulevard, which were directly influenced by this intersection. Additional time and data would be
needed in order to evaluate the location of the proposed entranceways and turning movements of vehicles
associated with this type of use. Although the proposed use may be vested in terms of trip generation
under the DRI, the characteristics of the site in conjunction with the recently approved projects would
warrant further review from staff regarding the traffic patterns in order to protect the health, safety, and
welfare of the public.
Finally, according to Chapter 4, Section 8 of the Land Development Regulations - Review Standards, all
proposed developments should be designed to preserve, perpetuate, and improve the existing natural
character of the site. Existing native trees and other landscape features shall, to the maximum extent
possible, be preserved in their natural state. The applicant submitted a "Vegetation Analysis for Gateway
Plaza (2002)", which indicates the existence of at least 800 trees on site There appears to be no
preservation of the existing vegetation in conjunction with the development of the site. Additionally, the
landscape plan submitted with the conditional use application shows the proposed location of "transplanted
trees" but fails to identify the current location, type, and specifications of the trees to be relocated and I or
preserved. Although issues related to site design are typically addressed as part of the site plan review
process, on-site impacts appear to be worsened by virtue of the proposed use and its inherent need for
maximum visibility In contrast with the previous use approved for the site (i.e. an ice rink), site elevation is
to be raised significantly. Staff acknowledges that in general, land preservation requirements for the PID
have been fulfilled by the two (north and south) preserve areas, However, typical tree preservation is still
considered on a site-by-site basis as referenced above
Again, staff recommends that the subject request to amend the list of approved uses be denied, as well as
the request to amend that condition of approval limiting the Quantum Park PID to one (1) gasoline-
dispensing establishment.
MR/elj
Attachments
S:IPlanningISHAREDlWPlPROJECTSIQuantum-Gateway PlazalUSAP 02-0021Staff Report2.doc
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EXHIBIT "B"
Conditions of Approval
PrOject name Gateway Plaza
File number: USAP 02-002
Reference Use Approval.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments. None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments. None X
ENGINEERING DIVISION
Comments. None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments. None X
PLANNING AND ZONING
Comments:
COA
12/19/02
2
DEPARTMENTS INCLUDE REJECT
1. A tree survey IS reqUIred. X
2. EnVIronmental reVIew and approval shall be requIred pnor to the Issuance of X
an occupatIOnal lIcense or certIficate of occupancy
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
1 None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be detenmned. ~ ,...,. ^ ~
MWRIelJ
S:\PlanningISHARED\IhP\PROJECTS\OJantum-Gateway Plaza\USAP 02-002\C~.doc
EXHIBIT "C"
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CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
PETITION FOR USE APPROVAL, PLANNED
f
INDUSTRIAL DEVELOPMENT DISTRICT (PID)
INRE: GATEWAY PLAZA
I. BACKGROUND
KWB Charltable Trust (Kenneth W Brown) IS the owner of parcel 91 wIthm the
Quantum Corporate Park Pill ("Quantum"). Lot 91 compnses 6 55acres and has been
desIgnated OIC - Office, Industrial, Commerclal- accordmg to the DRl Master Plan
Pace Development ServIces ("Pace") will be the contract purchaser of the subject
property at such tIme as the proposed uses are approved by the City of Boynton Beach.
Pace IS currently the developer and operator of a number of retail fueling centers and has
a reputatIOn for clean well managed facilties. Pace IS deSIrous of constructmg a modem
and very functional convemence store, gasolme pumps and automatIC car wash, along
WIth a fast food restaurant along the High RIdge Road nght of way and a dIesel fuelmg
statIon behmd the convenience store The diesel fuelmg statIOn IS to servIce the many
tractor trailers that dally piCkup and delIver goods to the PublIx dIstributIOn center These
dnvers currently mus travel some dIstance, on City and County streets to find dIesel fuel
an have the opportumty to get some refreshments ThIS proposed facIhty will allow these
dnvers to refuel get refreshments at a convement location next to 1-95 and not disturb
EXHIBIT "e"
Page 2
local traffic on City streets The balance of the property, 3 04 acres, on the east sIde of the
subject parcel wIll remam m its natural state untIl such tIme as a use has been determmed
,
for It.
II. REQUEST FOR USE APPROVAL WITHIN QUANTUiVI CORPORATE
PARKPID
Part III Land Development RegulatIOns, Chapter 2, SectIon 7.A, of the Code of Laws and
Ordinances of Boynton Beach, Flonda (heremafter "Code"), provIdes for the mtent and
purpose of the PID zonmg district as follows
INTENT AND PURPOSE. A planned mdustrial development district (PID) is
established. The purpose of this dIstrict is to provIde a zomng classificatIOn for light
mdustnal development that will better satISfy current demands for light mdustrIal zoned
lands by encouraging development which wIll reflect changes in the technology of land
development and relate the development of land to the specIfic sIte and to conserve
natural amenities. Regulations for the PID are intended t accomplish a more desIrable
enVIronment for industrIal development m relatIOn to existmg and/or future city
development, permIt economies m provIdmg public servIces, allow for economIes of scale
m industrial development, and to promote the publIc health, safety, convenience, welfare
and good government of the City of Boynton Beach. PID distrIcts may contam MIxed Use
Pods WIth retail, commercial, office and reSIdentIal components, subject to the deSIgn and
approval criteria heremafter set forth.
Section 7 E proVIdes, in part, for the permItted uses in the dIstncts as follows
USES PERMITTED In the PID, a buildmg and ItS customary ancillary structures and
land uses may be erected, altered and occupied for any office, professional, business
(wholesale or retaIl), educational mstitutIOn, adult entertainment in accordance WIth
Section 11.M, recreatIonal and attractIons as defined for the industrial land use
claSSIficatIOn, multI-family reSIdentIal, and mixed use resIdential/commercial uses in
EXHIBIT "C"
Page 3
PID's totalIng a mmImum of 500 acres or mdustrIal use provIded that such use or uses
Is/are approved by the planmng and deyelopment board. In approvmg uses m the PID, the
plannIng and development board shall make findIngs that the use or uses proposed wIll
not be in conflIct with the performance standards lIsted In SectIon 4 N of these zoning
regulatIons, and that the use or uses proposed Is/are consistent wIth the mtent and purpose
of thIS sectIOn. For the purposed of thIS seetIOn, educatIonal InstitutIon shall mean a
public, quasI-publIc or private faCIlity that offers InstructIOn to students for one (1) or
more of the follOWIng needs preschool programmIng; tutonng; kIndergarten, elementary
and secondary grades schoolIng; hIgher learnIng for the purpose of grantIng degrees m a
partIcular field and occupational or industrial, technical traInIng.
Lot 91 has been deSIgned OIC - Office, Industnal, CommerCial WIthIn the Quantum
Corporate Park PID The code does not speCIfy permItted uses WIth the OIC designated
parcels of the PID, however the uses permItted wIthm the PID mclude many IndustrIal
and commercial bUSInesses The intent to the PID dIStrICt IS to accomplish a deSIrable
enVIronment for mdustrIal development in relation to eXIsting and future development, as
well as to promote publIc health, safety, convenience, welfare and good government for
the CIty Pace Development Services intended uses would qualify as commercial uses
Pace Development ServIces proposed uses will not be In conflIct WIth the performance
standards of SectIon 4 N of the Boynton Beach zonIng regulatIOns No use shall be
carned out by Pace Development ServIces so as to create sound whIch is In violation of
sectIOn 15-8 of the CIty of Boynton beach Code of OrdInances No use shall be carrIed
out by Pace Development ServIces so as to create Inherently and recurrently generated
ground vibratIOns whIch are perceptible without mstruments at any pomt at or beyond the
property lInes of the property on whIch the use IS located. Pace Development ServIces
shall not allow the emISSIon of smoke, dust, dIrt or other partIcular matter WhICh may
EXHIBIT "e"
Page 4
cause damage to property or vegetatIOn, dIscomfort or harm to persons or animals, or
prevent the reasonable use and enjoyment of property and nghts-of -way, at or beyond the
property lmes of the property on whIch the use located. Furthermore, Pace Development
.
Services shall not allow the emISSIon of any substances m VIOlatIOn of any federal, state,
county or CIty laws or permIts governmg the emISSIOn of such substances Pace
Development Serv.Ices shall not allow the emISSIon of objectIonable or offenSIve odors or
fumes m such concentratIon as to be readIly perceptible at any pomt at or beyond ItS
property Pace Development Services shall not allow the dIscharge of any tOXIC or
nOXIOUS matter in such concentratIons as to cause damage to property or vegetation,
dIscomfort or harm to persons or ammals, or prevent the reasonable use and enjoyment of
property or rights-of-way, at or beyond the property lme of their property; or to
contaminate any publIc waters or any ground water. Pace Development ServIces's uses
shall not create a fire or explosion hazard to adjacent or nearby property or nghts-of-way,
or any persons or property thereon. Furthermore, Pace Development Services certIfies
that the storage, use or productIOn of flammable or explosIve materials shall be in
conformance WIth the proviSIOns of Chapter 9 of the CIty of Boynton Beach Code of
Ordmances. Pace Development Services's uses shall not produce heat, humIdIty or glare
whIch IS readily perceptible at any pomt at or beyond the property lme of the property
ArtIficIal lighting whIch IS used to illummate any property or use shall be dIrected away
from any reSIdential use which IS a conformmg use accordmg the CIty of Boynton Beach
EXHIBIT "C"
Page 5
Zonmg regulatIons, so as not to create a nUIsance to such resIdential uses No use shall be
carned out by Pace Development ServIces WhICh would dispose liqUId waste of any type,
quantIty or manner WhIch IS not m conformance WIth the proviSIons of Chapter 26 of the
,
City of Boynton Beach Code ofOrdmances, or any applIcable federal, state or county
laws or permIts Pace Development ServIces shall not allow the accumulatIOn or dIsposal
of solId waste WhICh is not m conformance WIth Chapter 10 of the City of Boynton Beach
Code of Ordinances, or which would cause solId waste to be transferred in any manner to
adjacent or nearby property or rights-of-way. Pace Development Services shall not create
electromagnetic radIation which causes abnormal degradation of performance of any
electromagnetic receptor of quality and property deSIgn as defined by the prmcIples and
standards adopted by the InstItute of Electrical and Electronics Engineers, or the
Electronic IndustrIes AssociatIOn. Furthermore, Pace Development Services shall not
cause electromagnetic radiation which does not comply WIth the Federal CommumcatIOns
Commission regulations, or which causes objectionable electromagnetIc interference WIth
normal radIO or teleVIsion reception. Pace Development Services shall comply with all
hazardous materials and hazardous waste regulatIOns, local, state or federal
Pace Development ServIces's uses are conSIstent WIth the mtent and purposes of the Pill
dIStrICt. In provIdmg the above references servIce to the commumty at large, Pace
provides a publIc servIce and promotes the publIc health, safety, convemence, welfare and
good government of Boynton Beach WIthout any adverse impacts on the community
l
I
EXHIBIT "C"
Page 6
Paces's deSIre to be an mtegrated member of the commumty fits m WIth the intent and
purposed of the PID by accomplIshmg'a deSIrable development enVIronment and meetmg
the future needs of CIty development by establIshmg ItS SIte wIthm the Quantum
.
Corporate Park Pill
III. CERTIFICATION
We understand that thIS petItIOn and all papers and plans submItted herewIth become a
part of the permanent records of the Plannmg and Zomng DIVISIon. We hereby certify
that the above statements and any statements or showmgs m any papers or plans
submItted herewith are true to the best of our knowledge and belief
/I~_~
SIgnature of authorIzed agent
g'/.z'~Z---
Dale
.fun (J:3 02 1.1: 15a
.,MER REAL T'1' OEVELOPM:=NT 5l; ,''3069~a
p. 1
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:501 79f1~7/-,
EXHIBIT "e"
h flLATCN 5/oIITH PE
F't.'lGE 8?
!I' ,CERTi8c",nON
(I> (Wit) und~lat\d 1"'..., lI':is a~jc.al;on and all papers iind pLllns :lu()milted hcreWlM ~COtTrE: if
part of Ihe pelma~()t re<:()Tds oltne Pla.vllng and Zoning Division (lJ (We) I'lereby certify th~( 11:(1
above statements ~nd any statements or shOlMn~s in ;My pacers or plans submill@d herdWlh
ore true tc~y) (ourj knO'",",edge and :'ctie( This app,ic.aTicn will not be aCC8j)(B<l
:;g;; I~;~: ~;;. OOI~W b h;{ 2 =--
Signature ~.lITler(s) <)r Trus~, 01 ~ Oats
,Avtho,;zed Pnnop."11 if property is I)wn~ by
41 ~Ofr-Orst;an ~ o~h~.. busine:i;s entll'(,
OR
Si9nalu(~ 0' ecmtr~c:! pl.Ircn"3~-;:-~;-iatJPji<.:<irll:
v A'.JTHORJLATiON OF AGENT
-- -.---.... -----
Date
_d~~
Signature of Aulhorized Agent
H. Sue-ton Smith
(I) (We) hereb) de5~nate the abo-.e-SlI]l\I!d ~rson 3$ (my; (cur) authOf'lad agent in regard to
l.,is app!lCC1tlOtl
"'/~/o~
Oat4'
Sl9'18tUt8 of ~!s) or in.stlHl.
or AuflonaId Prtncipal t property l' C\mEld
by a corporation Qr other ~tnl!SS anrity
5iiii---
OR
$~.fyre of contract put"ch<Jser (jf aPPiICatlI)
Date
A REPRESENTAnve MUST BE PRESENT AT ALL TECHNICAL REVIeW
COMMITTEE. PlANNING AHD DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY {eRA} AND CITY COMMISSJON MEETINGS HELD TO
RE\f1fW THIS PROJECT.
s
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C'Te"'.l-.n~' "'''''''
DEVELOPM... 'T ORDER OF THE CITY COMMlf ON OF THE
C11'Y OF BOYNTON BEACH, FLORlb:(
PROJECT NAME Gateway Plaza
APPLICANT'S AGENT H. Burton Smith
APPLICANT'S ADDRESS 825 Whippoorwill Trail, West Palm Beach, FL 33411
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION January 7,2003
TYPE OF RELIEF SOUGHT'
Request for Use Approval for a Gasoline Dispensing
Establishment in the Quantum Park PID.
LOCATION OF PROPERTY Lot 91, Quantum Park PID
DRAWING(S)' SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
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
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 notation "Included"
4. The Applicant'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
City Clerk
S:IPlanningISHAREDlWPIPROJECTSIQuantum-Gateway PlazalUSAP 02-002ID02.doc
"
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form, Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
December 3 2002
DDecember 17, 2002
DJanua 7, 2003
~Janua 21 2003
DFebrua 4 2003
DFebrua 18, 2003
March 4, 2003
DMarch 18, 2003
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
All back u material is attached
All exhibits are attached & marked
Please do not write in the shaded area below,
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
o
o
o
~
~
City Manager's signature
o
Person contacted to pick up rejected request
by
bg - 7/19/02
S. \Planning\Planning Templates\Agenda Item Cover CHECKUST form Dee 3-Mareh 18, 2003.doe
on
(Date)
O1~<;"JO; z
0' (J
~ 7"
"V 1" 0 "
ON
VII.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM O.L
AGENDA ITEM REQUEST FOR.J.n
. ,"
Requesled Clt) ComrmSSlon
.\1 eelln IZ Dates
Date Final Form "1ust be Turned Requested Cltv Commission
in to Citv Clerk; Office .\leellnlZ Dates
Date Final Form \lusl be Tumed
In to Cltv Clerk; Office
L8J December 3 :00:
o December 17. :002
o January 7, Z003
o January 21. 2003
'iovember 18 2002 I"oon) 0 February.4, Z003
December 2. 2002 \:-Ioon) 0 February 18. :003
f
December 16. 2002 (Noon) 0 March... 2003
January 6. Z003 (Noon,) 0 \1arch 18.. 2003
Januarv 21. Z003 I "oon I
February 3. :003 INoonl
February \8. 2003 (:-loon)
"1arch 3. Z003 iNoonl
~ATl.JRE OF
AGENDA ITEM
o Adrrurustrative
IZI Consent Agenda
o Public Heanng
o Bl<ls
o Announcement
o City Manager's Report
o Development Plans
o New Busmess
o Legal
o UnfIlllshed Busmess
o Presentation
RECOMMENDATION: Please place this request on the December 3,2002 City Comnussion Agenda under
Consent. The Planmng and Development Board Wlth a unanimous vote, recommends that the subject request be denied. For
further details pertairung to the request, see attached Department of Development Memorandum No
PZ 02-229
EXPLA."I'ATION:
PROJECT
AGENT.
OWNER.
LOCATION
DESCRIPTION.
Gateway Plaza (USAP 02-002)
H. Burton Smith, P .E.
KWB Charitable Trust
Lot 91 - Quantum Park PID
(Northeast comer of High RIdge Road and Gateway Boulevard,
Quantum Park PID)
Request for use approval for a gasolme dIspensmg establIshment and converuence store
on Lot 91 m the Quantum Park PID
PROGRA'\1 IMP ACT:
FISCAL IMPACT:
AL TERNATIVES'
~~~
City Manager's Signature
_.~ '~~
/",--(,,1 1_ ~
Planning and Zo rrector
City Attorney I Finance I Human Resources
S.\Plannmg'SHARED\ WP\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\Agenda [tern Request Gateway Plaza USA? 02-002 \ 2.3.02,dot
S SULLETlN\fOR.'v1S\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO, PZ 02-229
TO Chairman and Members
Planning and Development Board
THROUGH: Michael Rumpf
Director of Planning and Zoning
FROM. Eric Lee Johnson, AICP
Planner
DATE November 21,2002
SUBJECT Gateway Plaza (USAP 02-002)
Request for Use Approval for a Gasoline Dispensing Establishment and Convenience
Store on Lot 91 in the Quantum Park PID
NATURE OF REQUEST
Typically, a request for use approval is based on the assumption that the use will be available on multiple
lots in a PID. This request for use approval for a gasoline-dispensing establishment would only be a use
approved for Lot 91. KWB Charitable Trust is the owner of Lot 91 Lot 91 is 6.54 acres in size with an
Office - Industrial - Commercial Master Plan designation. Pace Development Services (Pace) is the
contract purchaser of the subject property. Pace, the developer, is the owner and operator of a number of
retail fueling centers. This request for use approval is for a gasoline-dispensing establishment I
convenience store The accompanying conditional use I new site plan application (COUS 02-005) also
shows diesel fuel pumps, an automatic carwash, and a fast-food restaurant. According to the application,
the diesel fueling stations would provide service for tractor-trailers that make daily deliveries to the Publix
Distribution Center (Lot 55). This proposed facility will allow these drivers to refuel, and patronize the
COflvenience store The site plan indicates that the project will be completed in four (4) phases. The
construction of the gasoline dispensing establishment, accessory car wash, convenience store, and
restaurant are proposed within the first three (3) phases, which would occupy 3 5 acres in area. The
unimproved portion of this property (3.04 acres) will remain in its natural state until it is ultimately site
planned.
BACKGROUND
The following is a description of the zoning districts and land use classifications of properties surrounding
the subject parcels, indicated in Exhibit "A":
North:
Tri-Rail station zoned Planned Industrial Development (PID), with a Govemmental &
Institutional (G&I) Master Plan designation;
South:
Gateway Boulevard right-of-way, farther south is undeveloped Lot 82, zoned Planned
Industrial Development (PID) with a Office - Industrial - Commercial (OIC) Master Plan
designation;
East:
C.S.X, Railroad right-of-way, farther east is Interstate 95 right-of-way;
West:
Undeveloped Quantum Park Lot 85 (future commercial plaza I townhouses), zoned Planned
Industrial Development (PID) with a Mixed Use (MU) Master Plan designation
In 1999, the City Commission approved Lot 91 for an Ice Skating Rink (The Frozen Ponds I USAP 99-003)
Ice-skating rinks are included as a permitted use option under the "Commercial" designation of the
Quantum Park DR!. The "The Frozen Ponds" site plan has since expired. On April 27, 1999, the City
Page 2
Memorandum No. PZ 02-229
Commission approved the Mobil On the Run gas station located at the southwest corner of Gateway
Boulevard and High Ridge Road. The use was approved with a condition limiting the Quantum Park PID to
a single gas station in order to avoid any future proliferation of such uses as seen in other areas of the City.
A second gas station in the Quantum Park PID would be in violation of this previous project's condition of
approval. However, this use approval application will also constitute a request to amend that condition of
approval limiting the PID to one (1) gasoline-dispensing establishment.
Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a
Planned Industrial Development (PID) district. 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. In approving a particular 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 PID
ANAL YSIS
The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the
Land Development Regulations as they relate to the proposed use of a gasoline-dispensing facility and
convenience store. The purpose of the Performance Standards are 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's responses are listed below:
1) Noise. No use shall be carried out by Pace Development Services so as to create sound
which is in violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances.
2) Vibrations: No use shall be carried out by Pace Development Services so as to create
inherently and recurrently generated ground vibrations, which are perceptible without
instruments at any point at or beyond the property lines of the property on which the use is
located.
3) Smoke, dust, dirt, or other particular matter: Pace Development Services shall not allow
the emission of smoke, dust, dirt or other particular matter which may cause damage to
property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable
use and enjoyment of property and rights-of-way, at or beyond the property lines of the
property on which it is located Furthermore, Pace Development Services shall not allow
emissions 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' Pace Development Services shall not allow the emission of objectionable
or offensive odors or fumes in such concentration as to be readily perceptible at any point
beyond its property.
5) Toxic or noxious matter: Pace Development Services will not allow the discharge of any
toxic or noxious matter in such concentrations as to cause damage to property or
vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and
Page 3
Memorandum No, PZ 02-229
enjoyment of property or rights-of-way, at or beyond the property line of their property or to
contaminate any public waters or any groundwater
6) Fire and Explosion: Pace Development Services' uses shall not create a fire or explosion
hazard to adjacent property or right-of-way, or any persons or property thereon
Furthermore, Pace Development Services certifies that the storage, use or production of
flammable or explosive materials shall be in conformance with the provisions of Chapter 9
of the City of Boynton Beach Code of Ordinances
7) Heat, Humidity or Glare: Pace Development Services' uses shall not produce heat, humidity
or glare, which is readily perceptible at any point at or beyond the property line of the
property Artificial lighting, which is used to illuminate any property or use, shall be directed
away from any residential use which is a conforming use according to the City of Boynton
Beach zoning regulations, so as not to create a nuisance to such residential use
8) Liquid Waste: No use will be carried out by Pace Development Services which would
dispose liquid waste of any type, quantity or manner which is not in conformance with the
provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any
applicable federal, state or county laws or permits.
9) Solid Waste: Pace Development Services shall not allow the accumulation or disposal of
solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code
of Ordinances, or which would cause solid waste to be transferred in any manner to
adjacent or nearby property or rights-of-way,
10) Electromagnetic Interference: Pace Development Services shall not create electromagnetic
radiation which causes abnormal degradation or performance of any electromagnetic
receptor of quality and proper design as defined by the principals and standards adopted by
the Institute of Electrical and Electronics Engineers or the Electronic Industries Association.
Furthermore, Pace Development Services shall not cause electromagnetic radiation which
does not comply with the Federal Communications Commission regulations, or which
causes objectionable electromagnetic interference with normal radio or television reception,
11) Hazardous Materials and Hazardous Waste' Pace Development Services shall comply with
all hazardous materials and hazardous waste regulations, local, state, and federal.
The performance standards contain no explicit supplemental documentation such as certified statements,
reports, or studies related to each standard. Although the applicant certifies that they will not violate any of
the above-referenced performance standards, the applicant has not provided staff with any supplemental
information pertaining to each standard. For example, a statement I study from an Acoustical Engineer
certifying that the proposed use would not violate the City Noise Ordinance would satisfy the first
performance standard No report has been given to staff that indicates that the proposed use will exceed
the L 10 sound level limits by more than the allowable thresholds. No statement has been given outlining
the anticipated "pure tones" that the proposed use will generate. Furthermore, a gasoline-dispensing
establishment must typically submit a Material Safety Data Sheet, which is directly related to the
Environmental Review Permit.
CONCLUSIONS AND RECOMMENDATION
Notwithstanding the above-described issues, staff has conducted a preliminary review of the use at the
proposed location, however, staff endorses the current condition of limiting the PID to one gas station,
Therefore, staff recommends that the subject request for an additional gas station be denied. This
recommendation is based on the fact that the Quantum Park PID is a master planned development
subject to higher standards and expectations with respect to the diversity of land uses within the PID
Page 4
Memorandum No. PZ 02-229
If this use is desired by the Board and Commission, staff is equally concerned about potentially-negative
site impacts, site suitability, and traffic issues.
These issues primarily pertain to traffic characteristics, current roadway design, and site impacts The
traffic study submitted with this request for use approval meets the Traffic Performance Standards of Palm
Beach County in terms of vehicle trips but does not address specific road design or potential negative
impacts in or around the subject site.
The projects approved near the subject site include 94,100 square feet of commercial and 136 fee-simple
townhouses (SBMP 02-002), 39 fee-simple townhouses (SBMP 02-003), and the Tri-Rail double-track
expansion The parcel cattycorner to the subject property was approved for 234 rental apartments and
132,032 square feet of commercial (SBMP 02-001). Staff has major concerns regarding possible traffic
accidents as a result of the development of the subject site with the proposed use. The site plan shows
that a total of two (2) driveways are proposed, one (1) directly to High Ridge Road. Staff anticipates that
the types of vehicles associated with this use (tractor trailers), which will utilize these points of access,
coupled with the proposed driveways (traffic flow) from this project as well as driveways from the other
projects could pose hazardous driving conditions in the future. Much of the surrounding properties are
currently undeveloped but according to Police records, since February 2000, there have been 55 traffic
accidents reported on High Ridge Road north of Gateway Boulevard, which were directly influenced by this
intersection. Since March 2000, there have been 32 traffic accidents on High Ridge Road south of
Gateway Boulevard, which were directly influenced by this intersection. Additional time and data would be
needed in order to evaluate the location of the proposed entranceways and turning movements of vehicles
associated with this type of use. Although the proposed use may be vested in terms of trip generation
under the DRI, the characteristics of the site in conjunction with the recently approved projects would
warrant further review from staff regarding the traffic patterns in order to protect the health, safety, and
welfare of the public.
Finally, according to Chapter 4, Section 8 of the Land Development Regulations - Review Standards, all
proposed developments should be designed to preserve, perpetuate, and improve the existing natural
character of the site, Existing native trees and other landscape features shall, to the maximum extent
possible, be preserved in their natural state. The applicant submitted a "Vegetation Analysis for Gateway
Plaza (2002)", which indicates the existence of at least 800 trees on site. There appears to be no
preservation of the existing vegetation in conjunction with the development of the site. Additionally, the
landscape plan submitted with the conditional use application shows the proposed location of "transplanted
trees" but fails to identify the current location, type, and specifications of the trees to be relocated and I or
preserved. Although issues related to site design are typically addressed as part of the site plan review
process, on-site impacts appear to be worsened by virtue of the proposed use and its inherent need for
maximum visibility. In contrast with the previous use approved for the site (i.e. an ice rink), site elevation is
to be raised significantly. Staff acknowledges that in general, land preservation requirements for the PID
have been fulfilled by the two (north and south) preserve areas. However, typical tree preservation is still
considered on a site-by-site basis as referenced above
Again, staff recommends that the subject request to amend the list of approved uses be denied, as well as
the request to amend that condition of approval limiting the Quantum Park PID to one (1) gasoline-
dispensing establishment.
MR/elj
Attachments
S:IPlanningISHAREDIWPlPROJECTSIQuantum-Gateway PlazalUSAP 02-0021Slaff Report2,doc
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EXHIBIT "B"
Conditions of Approval
PrOject name. Gateway Plaza
File number: USAP 02-002
Reference: Use Approval.
I II
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
COA
11/22/02
2
I g
DEPARTMENTS INCLUDE REJECT
1 A tree survey IS reqUIred. X
2. EnvIronmental reVIew and approval shall be reqUIred pnor to the Issuance of X
an occupatIOnal lIcense or certIficate of occupancy
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2, To be determmed.
MWRJelJ
S:\Planning\SHARED\IfIR\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\COA.doc
EXHIBIT "e"
,.
"
U 3 0 2C02
CITY OF BOYNrON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
PETITION FOR USE APPROVAL, PLANNED
f
INDUSTRIAL DEVELOPMENT DISTRICT (PID)
IN RE: GATEWAY PLAZA
I. BACKGROUND
KWB Chantable Trust (Kenneth W Brown) IS the owner of parcel 91 wIthm the
Quantum Corporate Park PID ("Quantum"). Lot 91 comprises 6 55acres and has been
desIgnated arc - Office, Industrial, CommercIal- accordmg to the DRI Master Plan
Pace Development Services ("Pace") will be the contract purchaser of the subject
property at such time as the proposed uses are approved by the City of Boynton Beach.
Pace is currently the developer and operator of a number of retail fueling centers and has
a reputation for clean well managed faciltIes Pace IS deSIrous of constructIng a modern
and very functional convenience store, gasolme pumps and automatIc car wash, along
with a fast food restaurant along the High RIdge Road nght of way and a dIesel fuelIng
station behInd the convenience store The dIesel fuelmg statIon IS to servIce the many
tractor trailers that dally pICkup and delIver goods to the PublIx dIstnbutIon center These
drivers currently mus travel some dIstance, on CIty and County streets to find dIesel fuel
an have the opportumty to get some refreshments ThIS proposed faCIlIty will allow these
dnvers to refuel get refreshments at a convement locatIon next to 1-95 and not dIsturb
EXHIBIT "G"
Page 2
local traffic on CIty streets The balance of the property, 3 04 acres, on the east sIde of the
subject parcel wIll remain m ItS natural state untIl such tIme as a use has been determmed
,
for It.
II. REQUEST FOR USE APPROVAL WITHIN QUANTUl\tI CORPORATE
PARKPID
Part ill Land Development RegulatIons, Chapter 2, SectIon 7.A, of the Code of Laws and
Ordinances of Boynton Beach, Florida (hereinafter "Code"), provIdes for the mtent and
purpose of the Pill zoning dIStrict as follows
INTENT AND PURPOSE. A planned mdustrial development district (Pill) is
establIshed. The purpose of this distrIct is to provide a zoning classification for light
industrIal development that will better satIsfy current demands for light industrIal zoned
lands by encouragmg development whIch wIll reflect changes m the technology of land
development and relate the development of land to the specific site and to conserve
natural amenities. Regulations for the Pill are intended t accomplish a more deSIrable
envIronment for industrial development in relatIon to existmg and/or future CIty
development, permit economies in provIdmg public servIces, allow for economies of scale
in industrial development, and to promote the publIc health, safety, convenience, welfare
and good government of the City of Boynton Beach. Pill distrIcts may contam MIXed Use
Pods wIth retaIl, commercial, office and reSIdentIal components, subject to the deSIgn and
approval cntena hereinafter set forth.
SectIOn 7 E proVIdes, m part, for the permItted uses in the dIstncts as follows'
USES PERlVITTTED. In the Pill, a buIldmg and its customary ancillary structures and
land uses may be erected, altered and occupIed for any office, professIonal, bus mess
(wholesale or retaIl), educational mstltutIOn, adult entertaInment in accordance with
SectIon 11 M, recreational and attractIons as defined for the industrIal land use
clasSIfication, multI-family residential, and mIxed use residential/commercial uses in
EXHIBIT "C"
Page 3
Pill's totahng a mImmum of 500 acres or IndustrIal use provIded that such use or uses
Is/are approved by the planning and deyelopment board. In approving uses In the PID, the
planning and development board shall make findings that the use or uses proposed wIll
not be In conflIct with the performance standards listed In SectIon 4.N of these zonIng
regulations, and that the use or uses proposed Is/are consistent with the intent and purpose
of thIS sectIon. For the purposed of thIS seetIOn, educatIOnal Institution shall mean a
publIc, quasi-public or private facilIty that offers instructIOn to students for one (1) or
more of the follOWIng needs: preschool programming; tutonng; kindergarten, elementary
and secondary grades schooling; higher learning for the purpose of grantIng degrees In a
partIcular field and occupatIonal or Industrial, technical trainIng.. .
Lot 91 has been designed OIC - Office, Industrial, CommercIal withm the Quantum
Corporate Park Pill The code does not speCIfy permitted uses wIth the OIC deSIgnated
parcels of the Pill, however the uses permitted wIthin the Pill include many mdustrIal
and commercial busmesses. The intent to the Pill dIStrict IS to accomplish a desirable
environment for industrial development in relation to existing and future development, as
well as to promote public health, safety, convemence, welfare and good government for
the City Pace Development Services intended uses would qualify as commercial uses.
Pace Development ServIces proposed uses will not be m conflIct with the performance
standards of SectIOn 4.N of the Boynton Beach zonmg regulatIons. No use shall be
carried out by Pace Development Services so as to create sound whIch is in VIolatIon of
sectIOn 15-8 of the CIty of Boynton beach Code ofOrdmances No use shall be carned
out by Pace Development ServIces so as to create mherently and recurrently generated
ground vibratIons whIch are perceptible without Instruments at any pomt at or beyond the
property lines of the property on whIch the use IS located. Pace Development ServIces
shall not allow the emIssion of smoke, dust, dirt or other particular matter whIch may
.~
EXHIBIT "C"
Page 4
cause damage to property or vegetation, dIscomfort or harm to persons or ammals, or
prevent the reasonable use and enjoyment of property and rights-of -way, at or beyond the
property lmes of the property on which the use located. Furthermore, Pace Development
.
ServIces shall not allow the emiSSIon of any substances in VIolatIOn of any federal, state,
county or CIty laws or permIts governing the emIssion of such substances. Pace
Development Serv.Ices shall not allow the emIssion of objectIOnable or offenSIve odors or
fumes m such concentratIon as to be readily perceptible at any pomt at or beyond Its
property. Pace Development Services shall not allow the discharge of any toxic or
noxious matter m 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 lme of their property; or to
contaminate any public waters or any ground water. Pace Development ServIces's uses
shall not create a fire or explosion hazard to adjacent or nearby property or rights-of-way,
or any persons or property thereon. Furthermore, Pace Development Services certIfies
that the storage, use or production of flammable or explosive matenals shall be in
conformance with the proviSIons of Chapter 9 of the City of Boynton Beach Code of
Ordinances Pace Development Services's uses shall not produce heat, humidIty or glare
whIch IS readily perceptible at any pomt at or beyond the property lme of the property
ArtIficIal lighting whIch IS used to illuminate any property or use shall be directed away
from any residential use which is a conforming use accordmg the CIty of Boynton Beach
EXHIBIT "e"
Page 5
Zonmg regulatIons, so as not to create a nUIsance to such resIdential uses. No use shall be
carned out by Pace Development Services which would dIspose liquId waste of any type,
quantIty or manner WhIch IS not in conformance wIth the provisions of Chapter 26 of the
,
CIty of Boynton Beach Code ofOrdmances, or any applicable federal, state or county
laws or permIts. Pace Development ServIces shall not allow the accumulatIOn or dIsposal
of solId waste whIch IS not in conformance WIth Chapter 10 of the CIty of Boynton Beach
Code of Ordinances, or which would cause solId waste to be transferred m any manner to
adjacent or nearby property or nghts-of-way Pace Development Services shall not create
electromagnetIc radiation which causes abnormal degradation of performance of any
electromagnetic receptor of qualIty and property desIgn as defined by the principles and
standards adopted by the Institute of Electrical and Electronics Engineers, or the
Electronic Industries Association, Furthermore, Pace Development Services shall not
cause electromagnetIc radiation which does not comply with the Federal Commumcations
Commission regulations, or which causes objectIonable electromagnetic interference with
normal radio or teleVIsion reception. Pace Development Services shall comply with all
hazardous materials and hazardous waste regulatIons, local, state or federal.
Pace Development ServIces's uses are conSIstent with the mtent and purposes of the Pill
dIStrICt. In providing the above references service to the commumty at large, Pace
proVIdes a public servIce and promotes the public health, safety, convenience, welfare and
good government of Boynton Beach without any adverse impacts on the community.
(-'
EXHIBIT "C"
Page 6
Paces's desire to be an mtegrated member of the commumty fits m with the intent and
purposed of the PID by accomplishmg 'a deSIrable development enVIronment and meetmg
the future needs of city development by establIshing ItS sIte wIthm the Quantum
.
Corporate Park Pill.
III. CERTIFICATION
We understand that this petition and all papers and plans submitted herewIth become a
part of the permanent records of the Planning and Zomng DivisIon. We hereby certify
that the above statements and any statements or showings in any papers or plans
submItted hereWIth are true to the best of our knowledge and belief
/I~~
Signature of authorized agent
g/zqjPz-
Dale
.Jun (13 Dc I. i: 15a
56;. -. ..:6940
1".... -, R R E R L T Y 0 E. VEL 0 PM = NT _
p. 1
EXHIBIT "G"
~'13/~'O~2 8J:5U
~l "'9fI':!n-,
~, BUH()-I SMITH PE
F'1lGE 8Z
!I' .CE RT 'fie"," ON
<,> (Wit) unc~la~ ''''.at ttlis ~jcalion and all papers and plans :ouOmitted here"",n become a
part ot the permanent re<:ord.$ olthe Plarv1lng at'd Zanill9 OiWiion (I) (WI!) nereby certify that Ir.Q
abO'le $~18menlS ~nd any srat.mat'lfli or shoWln;Js in any pagers Of' plans submilled h(trdwth
ore true Ie the best my) (our) kl'lO'ACe<lge and :Jc!ief This appucalicn wW !'lot be aecei)t8<l
unI7~~ ord; to !he OJ"!!;~Criors below ... / /
/fi.> . <f'J"\. /f.; E= =-fl2.[)~
SfgtQfUr4! wner(s) or rrUSItr!J, 01 . DafB
,AL:fnoo;::ed Pnnop."11 if property is /:)wnea bV
at (;OIPOrstion or o~~,- busin.~;s entllv, '
OR
Signalur9 o~ contr.3et P\lcn<1t:ser !if aupiic.1n(~
Datlil
v ~'LTHQB!2A liON OF AGeNT
//k~
Signature of AulhoNed Agent
H. But'to.... Smith
(I) (We) hereby de5.,.nate the 3b<M!'SIoJr\I!d ".rson as (my; (cur) aufhoriad agent in regard to
l"'is apP~lcatlOll
~/~/G'z.
Date
Si9nature of OI.wner(s) or r~t..,.
or Auf1oN8d Principal 'I property l~ cwrred
tzy a c:.orporafion or other CtJ:riness e,,'it'(.
Date --
OR
$~nafure 0( OOf'Ilract purcn.ner (if apPlicant)
Date
A REPRESENTATIve MUST BE PRESENT AT ALL TECHNICAL REVieW
COMMITTEE. PLAHNING AHD DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSJON MEETINGS HElO TO
REV1EW THIS PROJECT.
s
C . 01
C'TC"'.~n"" .^_
DEVELOPMb'i,..,T ORDER OF THE CITY COMMI~",oIlIliON OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME' Gateway Plaza
APPLICANT'S AGENT H. Burton Smith
APPLICANT'S ADDRESS. 825 Whippoorwill Trail, West Palm Beach, FL 33411
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION' December 3,2002
TYPE OF RELIEF SOUGHT.
Request for Use Approval for a Gasoline Dispensing
Establishment in the Quantum Park PID.
LOCATION OF PROPERTY: Lot 91, Quantum Park PID
DRAWING(S)' SEE EXHIBIT "8" ATTACHED HERETO
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X 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
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 notation "Included"
4, The Applicant'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:
City Clerk
S:IPlanningISHAREOIWPlPROJECTSIQuantum-Gateway PlazalUSAP 02-0021002,doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below, Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
I2?JDecember 3 2002
DDecember 17, 2002
DJanua 7 2003
DJanua 21 2003
DFebrua 4, 2003
DFebrua 18 2003
DMarch 4 2003
DMarch 18, 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
All back u material is attached
All exhibits are attached & marked e, , Exhibit "A'
r'\ \,:t?-
Department Head's initials:
Gateway Plaza (USAP 02.,.002)
Please do not write in the shaded area below.
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
o
o
o
I2?J
I2?J
City Manager's signature
o
Person contacted to pick up rejected request
by
bg - 7/19/02
S.\Planning\Planning Templates\Agenda Item Cover CHECKUST form Dee 3-Mareh 18, 2003.doe
on
(Date)
~
I
---- MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
i
APRI~ 27, 1999
!
i
I
!
Mr, Myott noted that there were comments from Development regarding the aestheti~ issues of
this building. He requested that t;he applicant try to incorporate more of the featur1 Boynton
Commons has into the exterior of this building.
Vice Chairman Dube pointed out that this request would not result in any change in the
Comprehensive Plan.
The motion carried unanimously,
Use ADDroval
3,
Project:
Agent:
Owner:
Location:
Mobil Station at Quantum Park PID
(Originally appeared on agenda as Item 7.B.l)
Michelle Coward
Quantum Park Partners Ltd.
Southwest corner of Gateway Boulevar and High
Ridge Road
Request the list of approved uses for th. Quantum
Park PID be amended to include gasolin sales with
convenience store and car wash
Description:
':..oC __
Anna Cottrell, 319 Clematis Street, West Palm Beach, represented the app~cant. She
said this request is part of the evolution of the changes taking place in Qua tum Park.
Quantum Park is now intended to become a full-service park. The service station wi I serve the
needs of the employees in the park as well as the general traffic. There are no imp cts on any
residential uses and it takes advantage of already existing volumes of traffic. Th s will be a
convenience service for the Park.
After reviewing the map that indicated gas station and auto repair uses within e City, Mr.
Myott advised that there is a gas station at Gateway Boulevard and Federal Hig way, Ms,
Cottrell agreed that the gas station exists approximately 1 V2 miles away from this p posed gas
station.
J
t
i
I
Vice Chairman Dube expressed his opposition to any additional gas stations in Boy~ton Beach,
Although this area may need the station, he is against Mobil getting a stati]' n with no
co..m pe. tit. ion, . He'felt Mobil would be given carte blanche, This station will create an increase in
the traffic cOlT1ing off 1-95,
Ms. Cottrell pointed out that this is an issue that will be faced by localities that h ve reduced
the number of opportunities for gas stations. Gas stations that have been located! on comers
have been reduced in size and are becoming functionally obsolete. There are no opportunities
to bring them up to standards because of the site sizes. Other gas stations are close enough to
this proposed station to create some competition, Most of the customers will e drive-by
customers and people will drive a distance if the prices are not competitive.
7
'''~..,..m.==~,::,:.;.'J;''"'''"''''~'r-4'''''''.:':1l-'~~''~1'Il''f~';=~C~-='C=~.t:'r.I..,.,~,,~.:I:''''~__"""''''::;':;':''."'7~
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T
MEETING MINUTES
PLANNING &. DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
j
APRI~ 27, 1999
!
Motion
Mr. Rosenstock moved that the petitioner, asking for a Mobil Station at the southwes corner of
Gateway Boulevard and High Ridge Road, be rejected. Vice Chairman Dube sec nded the
motion that FAILED 3-4. (Chairman Wische, Ms. Frazier, and Messrs. Friedland nd Myott
dissented.)
Motion
Mr. Myott moved to approve the request. Ms. Frazier seconded the motion.
Mr. Reed requested that Mr. Myott amend the motion to delete Comment #2 beca e he does
not believe we should set a monopoly. Mr. Myott was not willing to amend the motio .
The motion to approve the request carried 4-3. (Vice Chairman Dube and Messrs Reed and
Rosenstock dissented.)
4.
Project:
Agent:
Owner:
Location:
Mobil Station at Quantum Park PIO
(Originally appeared on agenda as Item 7.A.3)
Michelle Coward
Quantum Park Partners Ltd,
Southwest corner of Gateway Boulevar I and High
Ridge Road
Request approval to construct 3,701 uare foot
gas station/convenience store with a c r wash on
1.13 acres
Description:
Anna Cottrell advised that only one comment required clarification,
Condition #16 - "The permit for the canopy shall not be issued until the exi
sign easement is reconfigured 50 that the canopy does
encroach into the easement, or canopy moved outsid
easement. fI
There is an easement that was written by Quantum to provide room for a large mo ument sign
(Park identification sign). The easement covered a larger area than what was nee ed for the
sign construction. This is a non-exclusive easement and there is no prohibition a ainst other
kinds of improvements in the easement. The applicant has received permission froT Quantum
to construct the improvements within the easement. A small portion of the canopy extends into
the edge of the easement, The applicant requests deletion of this condition. j
Mr, DeCarlo said he spoke with Mike Haag today and if they can provide ve ification of
rmission from the property owner/ staff would have no objection to deleting the c ndition.
9
~""<"""~-=--"""~~~""f-'-"'!"'-'I""""- 1'~"JI~""l-~'~ .'-- .--n,....:~,.".__...,"'".'"..:.,...~ ~...-.;f:-.t'...~.,.....~.~.~~.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 4, 1999
4, Proposed Resolution No. R99-59 Re: Approval of Water Service
Agreement outside the city limits for Seventh Day Adventist Church to be
located at Military Trail and the L-30 Canal.
5. Proposed Resolution No. R99-60 Re: Acceptance of staff
application for the 1999/2000 Children's Services grant in the amount of
$46,052 for the Boynton Beach Latchkey Afterschool Program.
6, Proposed Resolution No. R99-61 Re: Approval of facility rental
agreement between the City of Boynton Beach and Palm Beach
Community Duncan Theatre for the children's dance recital.
7, Proposed Resolution No. R99-62 Re: Approving work authorization
No. 7 for Camp Dresser and McKee, Inc. to develop a Stormwater Master
Plan for the swale areas in the City.
8, Proposed Resolution No. R99-63 Re: Approve landscaping
agreements for the 1-95 overpass medians on Woolbright Road and
Gateway Boulevard
D. Ratification of Planning & Development Board Action:
1. Mobil Station at Quantum Park PID - Southwest corner of Gateway
Boulevard and High Ridge Road - Request the list of approved uses for
the Quantum Park PID be amended to include gasoline sales with
convenience store and car wash {TABLED 4/20/99j
2. MFT Development, Inc. - Lot #58, Quantum Lakes Drive in Quantum
Park - Request site plan approval to construct a 51,556 square foot office
building in two phases on 4.93 acres,
At Commissioner Weiland's request, Item IV-D.2 was removed from the Consent Agenda for
discussion,
E. Approval of Bills
F. Acknowledgement and support of the city's donation made to the students of
Palm Beach County through the Total Community Satisfaction (TCS) Showcase.
G, Declaration of the Surplus Vehicle/Equipment List as submitted by staff and
approving sale.
H. Approval of Special Event Permit Request for Bethesda Hospital's Employee
Beach Bash on May 15, 1999, subject to approval from the Dept. of
Environmental Protection and tent inspections by city officials.
5
, ~
EXHIBIT "D"
Conditions of Approval
PrOject name Mobil at Quantum Park
File number: USAP 99-002
Rfi U A I
e erence' se mnrova
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments None X
UTILITIES
Comments None X
FIRE
Comments. None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments' None X
BUILDING DIVISION
Comments' None X
P ARKS AND RECREATION
Comments' None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments.
1 EnvIronmental reVIew and approval shall be required pnor to the issuance of X
an occupational license or certificate of occupancy
2. To aVOId the excess of such uses wIthm thIS mdustnal park, thIS PID shall be X
lImIted to one gas statIOn and convemence store No other smgle uses or
combmatIOn of the two uses shall be permItted.
f ...
Mobil at Quantum Park
USAP 99-002
Page 2 of2
I DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
3 None X
ADDITIONAL CITY COMMISSION CONDITIONS
4 None X
MWR/kcw/dIm
J:ISHRDA T AIPLANNINGISHAREDI WPIPROJECTSIMOBIL AT QUANTUM\USAPIEXHJBIT D - COND OF APPRVLDOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO PZ 99-093
TO Chairman and Members
Planning and Development Board
FROM Michael W Rumpf
Planning and Zoning Director
DATE April 8, 1999
SUBJECT: Mobil Station at Quantum Park (USAP 99-002)
Use approval for gas station with convenience store and car wash
NATURE OF REQUEST
Michelle L Coward of Houston Cuozzo Group, Inc. is requesting that a gas station with
convenience store and car wash be added to the list of approved uses for the Quantum Park
PID Quantum Corporate Park is a 539.9 acre development of regional impact (DRI) that is
generally located west of the intersection of High Ridge Road and Gateway Boulevard (see
Exhibit "A")
BACKGROUND
The future land use map designation of Quantum Park is "Industria!." Pursuant to Chapter 2-
Zoning, Section 7 E., of the Land Development Regulations, 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 or adult
entertainment use in accordance with Section 11 M of the zoning code or industrial use,
provided that such use or uses is/are approved by the Planning and Development Board (and
City Commission) 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 purpose of the planned industrial development district.
Also, pursuant to Chapter 2 - Zoning, Section 11 L., of the Land Development Regulations, a
gas station shall be located only at the intersection of any combination of the following roads as
designed in the Boynton Beach Comprehensive Plan
County arterial, state arterial, local collector or county collector; and (same section 11)
gasoline dispensing establishment shall only be located at any intersection consisting of
roads of four (4) lanes or wider
It should be noted that the proposed location at Quantum Park is at the intersection of two (2)
roads consisting of four (4) lanes each (Gateway Boulevard and High Ridge Road) Also
noteworthy is the close proximity of the proposed location to 1-95, and the absence of gas
stations within this vicinity. The nearest gas stations are one (1) mile from the Quantum Park
PID (Federal Highway and Gateway Boulevard), and two or more miles (Hypoluxo Road and
High Ridge Road) As indicated in Exhibit "B", this area of the city is void of gas stations uses,
Page 2
Mobil Station at Quantum Park
File USAP 99-002
including the major intersection of Congress Avenue and Gateway Boulevard. The placement
of this use within the Quantum Park PID would minimize travel distances for commuters
accessing the area via 1-95, and avoid unnecessary vehicle trips on the roadway network.
ANAL YSIS
The intent and purpose of the planned industrial development, as specified in Chapter 2 -
Zoning, Section 7.A, is as follows
INTENT AND PURPOSE "A planned industrial development district (PID) is
established. The purpose of this district is to provide a zoning classification for light
industrial development that will better satisfy current demands for light industrial zoned
lands by encouraging development which will reflect changes in the technology of land
development and relate the development of land to the specific site and to conserve
natural amenities Regulations for PID are intended to accomplish a more desirable
environment for industrial development in relation to existing and/or future city
development, permit economies in providing public services, allow for economies of
scale in industrial development, and to promote the public health, safety, convenience,
welfare and good government of the City of Boynton Beach."
All uses located within the city shall conform to the performance standards set forth, and shall
be construed, maintained and operated so as not to be a nuisance or hazard to persons,
animals, vegetation or property located on adjacent or nearby properties or 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 particular matter; toxic or noxious matter; odor, glare,
heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste
discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to
create any nuisance or hazard which is in violation of any applicable federal, state, county or
city law or permit, and all such laws and permits are adopted as performance standards in these
zoning regulations
To evaluate the Chapter 2, Section 4.N , Performance Standards of the Land Development
Regulations, the applicant has prepared a response that addresses each of the eleven
standards The responses are found in Exhibit "C" - Performance Standards An analysis of
the applicant's responses indicates that the project will demonstrate compliance with the
performance standards However, regarding handling and storing of hazardous material
(reference the underground fuel storage tank), environmental review is recommended
RECOMMENDATION
Supported by the information provided herein, staff recommends that the list of permitted uses
for the Quantum Park PID be amended to include gas station with convenience store and car
wash This recommendation is based on the conditions indicated in Exhibit "0" - Conditions of
Approval, which would require environmental review and approval, and limit the Quatum Park
Page 3
Mobil Station at Quantum Park
File USAP 99-002
PID to a single gas station in order to avoid any future proliferation of such uses as seen in
other areas of the city.
\SHRDATA\PLANNING\SHARED\WP\PROJECTS\MOBIL AT QUANTUM\USE APPROVAL REQUEST.DOC
"
EXHIBIT "D"
CondItions of Approval
fYloloL I
PrOject name Quantum Park PID
File Number USAP 99-007
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Re erence Use Annroval
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments. None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments None X
ENGINEERING DIVISION
Comments. None X
BUILDING DIVISION
Comments. None X
P ARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments
1. EnvIronmental reVIew and approval shall be reqUIred pnor to the Issuance of X
an occupatIOnal license or certIficate of occupancy
2. To aVOId the excess of such uses wIthm thIS mdustnal park, thIS PID shall be X
lnmted to one gas statIOn and convemence store No other smgle uses or
combmatIOn of the two uses shall be permItted.
Mobil at Quantum Park
USAP 99-002
Page 2 of2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
3 None. X
ADDITIONAL CITY COMMISSION CONDITIONS
4. None X
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J:\SHRDA T AIPLANNINGISHAREDI WP\PROJECTS\MOBIL AT QUANTUMlUSAPIEXHIBIT D - COND OF APPRVL2.DOC