REVIEW COMMENTS
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GATEWAY PLAZA (USAP 02-002)
USE APPROVAL
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 654 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 /
convenience store The accompanying conditional use / 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 (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 (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 (PI D) 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 / townhouses), zoned Planned
Industrial Development (PI D) with a Mixed Use (MU) Master Plan designation.
In 1999, the City Commission approved Lot 91 for an Ice Skating Rink (The Frozen Ponds / 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 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.
ANALYSIS
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 / 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:IPlanningISHAREDlWPIPROJECTSIQuantum-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.
. II
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments None
PUBLIC WORKS - Traffic
Comments. None
UTILITIES
Comments: None
FIRE
Comments. None
POLICE
Comments: None
ENGINEERING DIVISION
Comments' None .
BUILDING DIVISION
Comments. None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments. None
PLANNING AND ZONING
Comments:
COA
11/21/02
2
. II
DEPARTMENTS INCLUDE REJECT
1. A tree survey IS required.
2 Environmental reVIew and approval shall be required prior to the Issuance of
an occupational lIcense or certificate of occupancy.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
1. None
ADDITIONAL CITY COMMISSION COMMENTS:
Comments
2. To be determmed.
MWR/elj
S:\Planning\SHARED\ WP\PROJECTS\Quanlum-Galeway Plaza\USAP 02-002\COA.doc
EXHIBIT "C"
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U 3 0 2002
CITY OF BOYNrON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
PETITION FOR USE APPROVAL, PLANNED
(
INDUSTRIAL DEVELOPMENT DISTRICT (PID)
IN RE: GA TEW A Y PLAZA
I. BACKGROUND
KWB CharItable 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 OlC - Office, Industrial, Commercial - accordmg to the DR! 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 faciIties Pace is deSIrous of constructmg a modem
and vel)' 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 behind the convenience store The dIesel fueling statIOn IS to servIce the many
tractor traIlers that dally pICkup and dehver goods to the Pubhx 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 remain in its natural state until such tIme as a use has been determmed
,
for It.
II. REQUEST FOR USE APPROVAL WITHIN QUANTUM 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 ofthe PID zonmg district as follows'
INTENT AND PURPOSE. A planned mdustnal development district (Pill) is
established. The purpose of this district is to proVIde a zonmg classificatIOn for lIght
mdustnal 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 the Pill are intended t accomplish a more desirable
envIronment for industrial development m relatIon to eXIsting and/or future CIty
development, permIt economies in provIdmg public servIces, allow for economIes of scale
m mdustrial development, and to promote the public health, safety, convenience, welfare
and good government of the CIty of Boynton Beach. Pill dIstricts may contain MIxed Use
Pods WIth retail, commercial, office and reSIdential components, subject to the desIgn and
approval criteria heremafter set forth.
Section 7 E provIdes, m part, for the permItted uses in the dIstncts as follows.
USES PERMITTED In the Pill, 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 II.M, recreational and attractIOns as defined for the industnalland use
classIfication, multi-family reSIdential, and mIxed use resIdential/commercial uses in
EXHIBIT "C"
Page 3
PID's totalmg a mInImum of 500 acres or mdustrIal use provIded that such use or uses
Is/are approved by the planning and deyelopment board. In approvmg uses in the PID, the
plannmg and development board shall make findmgs that the use or uses proposed WIll
not be in conflIct with the performance standards listed m 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 mstItutIOn shall mean a
public, quasi-public or pnvate facilIty that offers instructIOn to students for one (1) or
more ofthe following needs preschool programmmg; tutormg; kmdergarten, elementary
and secondary grades schooling; higher learnmg for the purpose of grantmg degrees m a
partIcular field and occupatIOnal or industrial, technical traInmg.
Lot 91 has been deSIgned OIC - Office, Industnal, Commercial wIthm the Quantum
Corporate Park PID The code does not specIfy permitted uses WIth the OIC deSIgnated
parcels of the PID, however the uses permitted wIthin the Pill Include many mdustrial
and commercial bus messes. The intent to the Pill dIstrict IS to accomplIsh a desirable
envIronment for mdustnal development m 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 m conflict with the performance
standards of SectIOn 4.N of the Boynton Beach zonmg regulations No use shall be
carned out by Pace Development ServIces so as to create sound whIch is m 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 lmes 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 animals, or
prevent the reasonable use and enjoyment of property and nghts-of -way, at or beyond the
property lines of the property on whIch the use located. Furthermore, Pace Development
r
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 m 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 line 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 line 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 conforming use according the City of Boynton Beach
"
I.
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 of Ordmances, 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 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 matenals and hazardous waste regulatIOns, local, state or federal.
Pace Development ServIces's uses are conSIstent WIth the mtent and purposes of the PID
dIStrICt. In providing 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 PID.
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/1?1/Pz--
Dafe
.JU:',lla 02 11:1Sa
(r"MER REALTY DEVELOPM~NT 5~.. 106S40
p. 1
EXHIBIT "e"
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F't.6E 87.
II' CERTi8C"'-TlON
(I) (Wtt) Ul'ldi!nlat1C2 /1'-"'1 ttlis a~icaljon and all p~rs and p~ns ~,Jbmitted hcreWlI1 become a
part ot Ihe perma.,.nt re<:otd$ Qlthe PIilI,vMg and Zoning Division (IJ (We) nereby certifY lhallt".Q
abOlle statemenls.and i1nV 5lalemenC$ or sh~n:Js in i1ny pOlC)ers Of plans l;ubmillt!d herdWlh
ore true la the best my) (our) knowedg_ and :/c!ief This application wlll not be aCCepla<l
7& O~.~: ~'Z;S~'~W ~;; J 2-_
Sign01lure wner(s) or TfUS~. 01 ~ Oats
,A,lJtho,;;:ed PnnClp:tl if property is own~ by
iil ~Ofporatioo or otl'l~f' busin.5:S enll/',. .
OR
~~9nalu(~ 01 ecmtr3et pl.ll'cl1as~-;-Fi alJpiicarlll
Data
v ~:~J'HQB12A nON OF ~
_/L~
SlgnatUl8 af Authorized Agent
H. Burton S11ith
(I) W~) hereby de5i'IJnate the above-slOJn.ed person u (my; (cur> authorimd agent in regard 10
l'li& app!lcallOtl
~/;tI(J~
Dalt
SJ9'1ature of Oowner(s) or Tn;stee.
or Auf1onz8d Principal 'I property l'J owned
t:1y a corporafiOn or other btJ~lness enTity
fiiite---
OR
sr~nafure of contract purch!1ser (if aPPlicant)
Date
A REPRESENTATIve MUST BE PRESENT AT ALL TECHNICAL REVieW
COMMITTEE, PlANNING AHD DEVELOPMENT BOARD OR COMMUNITY
REDEVE1.0PMENT AGENCY (eRA) AND CITY COMMISSJON MEETINGS HELD TO
REVIEW THIS PROJECT.
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CTC:"_l..nr' ..,.,..,..
DEVELOP~T ORDER OF THE CITY COMMI~....ON 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 "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
6.B.l
GA TEW A Y PLAZA (USAP 02-002)
USE APPROVAL
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' October 15,2002
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 /
convenience store The accompanying conditional use / 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 (PID), with a Governmental &
Institutional (G&I) M3ster 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 / 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 / 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
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
Page 2
Memorandum No PZ 02-229
a single gas station in order to a\Oid any future proliferation of such uses as seen in other areas ofthe 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 De\elopment 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
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
Page 3
Memorandum No PZ 02-229
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 ederal
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 di\ersity of land uses within the PID
If this use is desired by the Board and Commission, staff is equally concerned about potentially-negative
site impacts, site suitability, and traffic issues
Page 4
Memorandum No. PZ 02-229
These issues primarily pertain to traffic characteristics, current road\,\6y design, and site impacts. No trafic
study was submitted with this request for use approval or with the conditional use / new site plan
application that is concurrently being reviewed The Quantum Park DRI is vested for a certain amount of
vehicle trips Since no traffic study was submitted with this request for use approval, the Palm Beach
County Traffic Engineering Division is unable to determine if the trip generation pertaining to this project
would exceed the threshold approved for the DRI or negatively affect the specific road design 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 / 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. I::l.awever if thp ~llbject b1i~ ii S"rported by thE=! ROlilrg and the COlllmb::ii~
.sta.ff..-stron~ly urge3 tAat thp rE=!~ipw bIB pClEtponod to allo'vv for the I..vll~dion and al,alysi3 of illforffistion-
.awlicaul~ Lv tile dbov~-Jt:i~cribt:iJ i;:,5U€)S. A1ter~ I evi~w coiJtd-.oCl"llr ::I~ part of the site plan
~u(,;ess; the processing of this request fer use approval would be reviewed cUlret;lrrently.witQ!l1e
---site plan re\lio.v: proec3s.
MR/elj
Attachments
S:IPlanningISHAREDlWPIPROJECTSIQuantum-Gateway PlazalUSAP 02-0021Stall Report.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
PUBLIC WORKS - Traffic
Comments. None
UTILITIES
Comments. None
FIRE
Comments. None
POLICE
Comments' None
ENGINEERING DIVISION
Comments. None
BUILDING DIVISION
Comments. None
PARKS AND RECREATION
Comments None
FORESTERJENVIRONMENT ALIST
Comments. None
PLANNING AND ZONING
Comments.
Coa
10/16/02
2
I II
DEPARTMENTS INCLUDE REJECT
1 A tree survey IS reqUIred.
2 A traffic study IS reqUIred.
3 EnvIronmental reVIew and approval shall be reqUIred pnor to the Issuance of
an occupatIonal lIcense or certIficate of occupancy
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
1 To be determmed.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments.
2. To be determmed.
MWR/e1]
S:\Planning\SHARED\ WP\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\COA.doc
EXHIBIT "C"
Q; 3 0 2CO?
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
PETITION FOR USE APPROVAL, PLANNED
INDUSTRIAL DEVELOPMENT DISTRICT (PID)
IN RE: GA TEW A Y PLAZA
I. BACKGROUND
KWB Chantable 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, Industnal, CommerCIal - accordmg to the DR! 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 retall fuelmg centers and has
a reputatIOn for clean well managed faclltles 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 convemence store The dIesel fuelmg statIOn IS to servIce the many
tractor trailers that dally pICkup and dehver goods to the Pubhx 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 "C"
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 QUANTUM CORPORATE
PARKPID
Part III Land Development Regulations, Chapter 2, SectIOn 7.A, of the Code of Laws and
Ordmances of Boynton Beach, Flonda (heremafter "Code"), prOVIdes for the mtent and
purpose of the PID zomng dlstnct as follows'
INTENT AND PURPOSE A planned mdustnal development dlstnct (PID) IS
estabhshed. The purpose of thIS dlstnct IS to provIde a zonmg clasSIfication for hght
mdustnal development that wIll better satIsfY current demands for hght industnal 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 amemtles RegulatIOns for the PID are mtended t accomphsh a more desIrable
envIronment for mdustrial development m relatIOn to eXlstmg and/or future CIty
development, permIt economies m provldmg pubhc servIces, allow for economIes of scale
m mdustnal development, and to promote the pubhc health, safety, convemence, 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 cntena heremafter set forth.
Section 7 E proVIdes, m part, for the permItted uses m the dlstncts 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, bus mess
(wholesale or retaIl), educatIOnal mstltutIOn, adult entertamment m accordance wIth
SectIOn II.M, recreatIOnal and attractIOns as defined for the mdustrialland use
claSSIficatIOn, multI-famIly reSIdential, and mIxed use reSIdential/commercial uses m
EXHIBIT "e"
Page 3
PID's totalmg a mmImum of 500 acres or mdustnal use provIded that such use or uses
Is/are approved by the plannmg and development board In approvmg uses m the PID, the
plannmg and development board shall make findmgs that the use or uses proposed wIll
not be m conflIct with the performance standards lIsted m SectIOn 4 N of these zonmg
regulatIOns, and that the use or uses proposed Is/are consistent WIth the mtent and purpose
of thIS sectIOn. For the purposed of thIS section, educatIOnal mstItutIOn shall mean a
publIc, quasI-publIc or pnvate faCIlIty that offers mstructIOn to students for one (I) or
more of the followmg needs preschool programmmg; tutonng; kmdergarten, elementary
and secondary grades schoolIng; hIgher learnmg for the purpose of grantmg degrees m a
partIcular field and occupatIOnal or mdustnal, techmcal trammg.
Lot 91 has been deSIgned OIC - Office, Industnal, Commercial wIthm 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 mdustnal
and commerCIal busmesses The mtent to the PID dIstnct IS to accomplIsh a desIrable
enVIronment for mdustnal development m relatIOn to eXIstmg and future development, as
well as to promote publIc health, safety, convemence, welfare and good government for
the CIty Pace Development ServIces mtended 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
carned out by Pace Development ServIces so as to create sound whIch IS m 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 mstruments at any pomt at or beyond the
property lmes 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 ammals, 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 ServIces 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 ammals, or prevent the reasonable use and enjoyment of
property or nghts-of-way, at or beyond the property lme of theIr property; or to
contammate 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 matenals shall be m
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 lIghtmg WhICh IS used to Illuminate any property or use shall be dIrected away
from any reSIdentIal use WhICh IS a conformmg use accordmg the CIty of Boynton Beach
EXHI BIT "e"
Page 5
ZOnIng 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 of Ordmances, 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 Ordmances, 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 pnncIples and
standards adopted by the Institute of Electncal and ElectronICs Engineers, or the
ElectrOnIC Industnes 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 mterference WIth
normal radIO or televIsIOn receptIOn. Pace Development ServIces shall comply WIth all
hazardous matenals and hazardous waste regulatIOns, local, state or federal.
Pace Development ServIces's uses are conSIstent WIth the mtent and purposes of the PID
dIstnct. In provIdmg the above references servIce to the communIty 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 "e"
Page 6
Paces's desIre to be an mtegrated member of the commumty fits m wIth the mtent and
purposed of the PID by accomphshmg a desIrable development envIronment and meetmg
the future needs of CIty development by estabhshmg ItS sIte wIthm the Quantum
Corporate Park PID
III. CERTIFICATION
We understand that thIS petItIOn and all papers and plans submItted herewIth become a
part of the permanent records of the Planmng 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 behef
/I~~
SIgnature of authorIzed agent
%/2'1"'& Z--
Dale
JuA,03 02 11:15a
~r ~ER REALTY DEVELODM~NT 56
06940
p. 1
~f131L662 eJ:~U
EXHIBIT "e"
501 79R~71-,
h 1lLPr~ SMITH PE
PAGE a?
II' .Q!;1ffiBC"'-TlON
(I) (V\'tt) ur~~\a('(J II'-.at this application and all papers and plans :llJbrnitted hCreWlt1 oocome a
part ot Ihe perma~r'lt re<xltd$ oHhe PlafVM9 and Zanil19 Oivi5iQIl (I) (We) hereby certifY lhOlt ar.1;l
above state~nts <!nd any statements or shOlMn;js in iWly papers or plans submilleld herdWftl
are true tc Ihe best my) (our) l<:nOWedge and :'c~ie( This application wfll not be acceplB<J
]i1: L~: "7i.'oaiO.W 0hA~
Signature oI'-O';Y7ler(s) or TrU$M, 01 ~- Date
,4l.,lJthorized PnnClp:il iF property ;s owned b~
it ~QlPOl1ltion or o~I'l(t.. busines;5 en!.I" .
OR
nigna IU(li o~ co~"tr;;;ptlCn:;3e-;-~;'- a ~~~._-
Date
v A'.iTHORJ7..A nON OF AGENT
"-.-- --.----. --- ---
_dAt~
Slgnatura of Aulhorized Agent
H, BuC'ton Smith
(I) (We) hereby designate the 3bove-SIl)r\!!\i ll4lrson as (my; (cur) authOo'Ulad agent in regard 10
l."1is app!lca!IOfl
~~/(Jz, ____
Oat"
S'9'1ature of Oo.nerCs) or~--:--------
or Auflorlllld Principal t property" owned
~ a corporation or other bo31ness en?lty
58ii!--"
OR
$~natlJre of contract purCMser (If apPlicant)
Date
A REPRESENTAnve MUST B~ PRESENT AT All TECHNICAL REVieW
COMMITTEE, PlANNING AHD DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (eRA) AND CITY COMMISSJON MEEnNGS HELD TO
REVIEW THIS PROJECT.
s
[ . cl
C T co,'" .Lnr' r,...,....
DEVELOPMr T ORDER OF THE CITY COMMI! ~N OF THE
CI {y 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: November 6,2002
TYPE OF RELIEF SOUGHT
Request for Use Approval for a Gasoline Dispensing
Establishment in the Hospital in the Quantum Park PID.
LOCATION OF PROPERTY: Lot 91, Quantum Park PID
DRAWING(S). SEE EXHIBIT "B" 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
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:IPlanni ngISHAREDlWPIPROJECTSIQuantum-Gateway PlazalUSAP 02-002IDO. doc
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INTERSTATE 1-95
DEVELOPMENT PLAN
GATEWAY PLAZA
FOR
KENNETH BROWN. TRUSTEE
QUANTUM PARK LOT 91
CITY OF BOYNTON BEACH, FL PALM BEACH COUNlY
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QUANTUM PARK LOT 91
EXHIBIT "B"
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Reporting Area Report
Report Executed By: ARENCIBI On: 10/08/02
Records Found: 55
Case # Date Time Location Offense ID #
9010 02/24/00 184304 HIGH RIDGE RD & W GATEWA Acc Injuries 712
11639 03/11/00 175010 HIGH RIDGE RD & W GATEWA Acc Short Form 569
19457 04/27/00 91911 HIGH RIDGE RD & W GATEWA Acc Long Form 4
24270 OS/26/00 152119 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 677
31512 07/10/00 83512 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 3
32282 07/14/00 205535 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 726
33105 07/19/00 223717 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 692
34529 07/28/00 134301 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 480
35133 08/01/00 73337 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 4
36104 08/07/00 123127 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 571
36472 08/09/00 173915 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 723
37796 08/17/00 171004 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 555
44745 09/27/00 201242 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 555
44805 09/28/00 80344 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 11
45719 10/03/00 114232 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 3
47269 10/12/00 74231 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 683
48591 10/19/00 192535 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 555
52536 11/10/00 182540 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 733
58048 12/10/00 133839 HIGH RIDGE RD & W GATEWA ACCIDENT LONG F 574
59225 12/16/00 194321 HIGH RIDGE RD & W GATEWA ACCIDENT HIT & 740
61294 12/28/00 204904 HIGH RIDGE RD & W GATEWA ACCIDENT HIT & 723
1002526 01/16/01 75101 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 3
1006108 02/05/01 130525 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 683
1009225 02/23/01 134050 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 12
1012200 03/12/01 71206 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 683
1012983 03/16/01 121914 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 571
1018951 04/19/01 194259 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 610
1023969 05/18/01 171718 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 644
1023979 05/18/01 180126 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 12
1029830 06/21/01 4418 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 738
1030475 06/24/01 141216 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 716
1032516 07/05/01 125323 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 11
1035709 07/23/01 102355 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 14
1036438 07/27/01 123637 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 14
1044591 09/12/01 71531 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 11
1048654 10/05/01 215009 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 774
1050362 10/15/01 72954 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 11
1050444 10/15/01 163227 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT 644
1050711 10/17/01 850 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 749
1062026 12/17/01 80702 HIGH RIDGE RD & W GATEWA ACCIDENT INJURI 716
1064636 12/31/01 200633 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 771
2005146 01/30/02 120456 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 16
2010441 02/27/02 113416 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 16
2015229 03/25/02 65805 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 775
2016551 04/01/02 150231 HIGH RIDGE RD & W GATEWA ACCIDENT INJURIES 539
2018020 04/09/02 94609 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 788
2024840 05/15/02 95536 HIGH RIDGE RD & W GATEWA ACCIDENT INJURIES 11
2027055 OS/26/02 163620 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 776
2027556 OS/29/02 75035 HIGH RIDGE RD & W GATEWA ACCIDENT LONG FORM 11
2029544 06/08/02 151327 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 772
2032314 06/23/02 224319 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM 766
2040556 08/04/02 130204 HIGH RIDGE RD & W GATEWA ACCIDENT LONG FORM 768
Page: 1
~
Case # Date
2041367 08/08/02
2045757 08/29/02
2048209 09/10/02
Page: 2
Reporting Area Report
Time Location Offense
100720 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM
135858 HIGH RIDGE RD & W GATEWA ACCIDENT LONG FORM
180402 HIGH RIDGE RD & W GATEWA ACCIDENT SHORT FORM
ID #
11
571
759
Reporting Area Report
Report Executed By: ARENCIBI On: 10/08/02 - , / , (7-t':: 0 C
Records Found: 32
Case # Date Time Location Offense ID #
9995 03/01/00 195327 850 W GATEWAY BLVD Acc Hit & Run 657
11644 03/11/00 182017 850 W GATEWAY BLVD Acc Short Form 576
26129 06/06/00 194817 800 W GATEWAY BLVD ACCIDENT HIT & 675
26674 06/10/00 248 800 W GATEWAY BLVD / 95 ACCIDENT SHORT FORM 706
26675 06/10/00 513 800 W GATEWAY BLVD ACCIDENT SHORT 709
32980 07/19/00 61124 850 W GATEWAY BLVD ACCIDENT INJURIES 696
36898 08/12/00 124840 800 W GATEWAY BLVD ACCIDENT SHORT 500
42482 09/14/00 121810 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT 4
43009 09/17/00 113554 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT 713
46554 10/07/00 234050 850 W GATEWAY BLVD ACCIDENT SHORT 698
50473 10/30/00 85749 850 W GATEWAY BLVD ACCIDENT SHORT 3
56501 12/01/00 214920 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT FORM 726
56984 12/04/00 84414 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT 716
60885 12/26/00 151940 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT 719
1000080 01/01/01 161344 850 W GATEWAY BLVD ACCIDENT SHORT 738
1002365 01/15/01 85229 850 W GATEWAY BLVD ACCIDENT SHORT 740
1004922 01/29/01 232529 MOBIL / 850 W GATEWAY BL ACCIDENT LONG F 742
1008563 02/19/01 161930 850 W GATEWAY BLVD ACCIDENT SHORT 675
1012157 03/11/01 191708 850 W GATEWAY BLVD ACCIDENT SHORT 732
1015938 04/02/01 132532 800 W GATEWAY BLVD ACCIDENT SHORT 675
1017743 04/12/01 212147 800 W GATEWAY BLVD ACCIDENT SHORT 731
1022731 05/11/01 162137 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT 683
1024096 05/19/01 104538 800 W GATEWAY BLVD ACCIDENT SHORT 713
1028419 06/13/01 124557 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT 14
1034341 07/15/01 142505 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT 628
1047198 09/27/01 132851 800 W GATEWAY BLVD ACCIDENT INJURI 11
2002527 01/15/02 185400 800 W GATEWAY BLVD ACCIDENT SHORT FORM 16
2014189 03/19/02 112709 800 W GATEWAY BLVD ACCIDENT LONG FORM 719
2019170 04/15/02 112609 MOBIL / 850 W GATEWAY BL ACCIDENT SHORT FORM 16
2024259 05/12/02 112507 850 W GATEWAY BLVD ACCIDENT SHORT FORM 775
2033372 06/29/02 201235 850 W GATEWAY BLVD ACCIDENT SHORT FORM 644
2034557 07/05/02 115146 850 W GATEWAY BLVD ACCIDENT SHORT FORM 11
Page: 1
Parks DIVISIOn Memorandum- TRC
Page 1 of 1
Johnson, Eric
From: Hallahan, Kevin
Sent: Thursday, October 10, 2002 2.09 PM
To: Galav, Lusia
Cc: Johnson, Eric
Subject: 02- Planning Memorandum
Planning Division Memorandum
To:
Lusla Galav, PrincIpal Planner
From:
Kevm J Hallahan, Forester / EnvIronmentalIst
Subject:
Use Approval
Project Name:
Address:
Use Approval #:
Gateway Plaza
Northwest comer 1-95/ Gateway Boulevard
02-002
Date' October 10, 2002
The applIcant has submItted a V e~tation AnalysIS_ for Gateway Plaza, Year 2002 document m reference
to the proposed sIte Use Approval. This document mdicates that the site IS a remnant Sand Pme
Ecosystem contaimng numerous natIve mature trees (over 800), under story and ground vegetatIOn.
There is only a small penmeter of exotIc vegetatIOn on the site (25' -30' deep), with the majority of the
site m a healthy native envIronmental condItIOn. The applIcant has not yet submItted a full sIte tree
survey that IS submItted as part of the sIte plan,
The intended use of the sIte would reqUIre elevatIOn changes and the addItIOn of earthen fill that would
limIt the preservatIOn of the eXIstmg natIve Sand Pme Ecosystem.
Eric Johnson, Planner
Kjh
10/1012002