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AGENDA DOCUMENTS '. (~\ 1'~:~ ) , ; >. /~ I ... \\. i"l! , i , :r 10 ~u o . '?" J. 'V ;~N,~~ '"' -; A-f.r,{ i~ II;\-do3' 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 .'t tll~,'~a.~~ X aT\, ~~ 0 "'ON ~ 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 ~LJ r'\ I"~ 16::1". ^ ^ F'\. ~~ :""\J! I E r- ., --- .... - ~"Y \, / ~rn1l ti . I l . l 1~ j -=.~.. Uv' \ r n I - , ~~i~-~ If,:/ EXHIBIT 'A' ~ , ~ . . ~ I '1f<l'/'" ~ ~glim~_;' LOCATION MAP-. 'J IN . I CITY I - = I ~~ iU'~,'\aJJ ~f'1 .f\. Q i~" t:.= m ~~ ~ ~ . _ '~ -(( ~ Jf I /;'J 'tStti 2 !:4 ~ ~ ~.: ~: t >=- ~ L!:'/ ~ /~~"- .,j-r" ~$tC, ;y' ~ GJ1SJd(~~ b J '---- :J~ ..;: ~ - CI '.~.n. - ___ I h ~ ~) ~ ,) 'ei ..,V . 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'I ,I IIII[ _ JrAI 11 /1111(1 't./'-.\Jl MILES" I ~ t I [If I~ "' FEET - 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" r- " U 3 0 2C02 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 ~!13/~C~2 aJ:~~ :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 r . oJ 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 LW8ULJ ri \{J,I- SlW_ -W" EXHIBIT 'A' iI ~ ~ ~ ~ to. 'Ii-.- '::: If ~ WoW (::; ~ ~ :::l/r nr!E ...... s/ , .i '1.' I' ~lrr ~m. ~: LOCATION MAP - , - - r -) III r. 11'1 '- .J , /1 T - I 'J r?-<<1 ~ '<1trJ E I l.... <:) 1l!J \ ~ ~ ~ ~ .~~~ .~~: !~ ~ G:~ ~ M::~ 2 :..- ~ ~ .r:~ ~ l~t4TJftf ~ ~ ~~,~L$!j <>" ~'y E ~1 lID ~t;~'~1 ~ ~ G: ~.:._ ',\' ~ ~ I ) 16 I- '- J . ~ [] ~ ~I ~. J) l ~ lb' .." 1 ~ (;r!: _ /.~I : I 1>@3: '\ I(,~.~.... ; ,- ~:/ ~ - _: .........r . '. ~. . ::J :: l:~~l \ ~~ / I " ,...... .r; -' :._..: \ .' TN. W'I~~1"-O '~';En.. '.- . }" - ~ /I - ..- . r / . -&1 el~' ~----~L\ -- s~~~~~ I ~l .\ ~: ./I/[7i . / --" ~ - c!l'': J ~l2Ll-!i ' !,. I: 1./: IH' \ .- . ... '. ~ ~~. ~/.- \ : OYNT -=~~t H ~[ I _ _ K C~'CMMER- ~ 3 ~ _ ..r~UANTUM PARK) = F=J I Cl '\.I .. "--"' "1 -; IN CITY rl ~'Q~:E .. e c ;-;0 f- . ..- t:-I [] " . .!L IV 1 " J ..-tlI)- ~ I , .. I , _: ',"--'- I -rl.. - T f'........ - -----'V 4- ~"'^^ ~ ~~~111 E t-t L y. \ / y/ ~f~l i " -I-~ j r--,- - I "MOTOROLA, '~~ . :~. . 't' .....,i-;- '11. - l~ \., .. . , .... . , ..,.. '. y...,... . .. \ \.... I Tllli III j'iiTl1' .....rn II I~--ill~'''= ..' ~ r:j I I III I .....-.....".... II .. ~ _ = I . -I -4 -,. -- - - -;::;;;l :;;;; --f ~ ~ 1- -l: I R I' '- - . --4 - U I '~.....\ I 'I- ~ IE '- e::: u J~~_ . : ;:: : I _ .. '9YY.L..._~''''' .- t=;; .0 1/8 .... Wl :- ~ - ,,~ ~i . '1111 I I ". 'r:' 1.-.1 "' ~UIDr l 8~'JI MO 400 800 p" II. JbiiU , .J ); 'j 'J: Uv' \ ~ i1,1 fJ ,,: . \ f PU . J ~. 1,_1 _ ~ ~ .0.:.:. ~ - - R AA ~'=z: . - IIII _ j(l/ Tf i MILE'SCl' ~ '! I nr .~. rrr FEET - .. L -~ ~ C~ :.. -'( 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~ /- ~--.,.. l.. _.. -- I ~ ...>" _ ...", \ ).-1. _:.... ,.. b. 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 tI 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 MWRlkcw/dIm J:\SHRDA T AIPLANNINGISHAREDI WP\PROJECTS\MOBIL AT QUANTUMlUSAPIEXHIBIT D - COND OF APPRVL2.DOC