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APPLICATION Q; 3 0 2002 CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION PETITION FOR USE APPROVAL, PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (PID) INRE: 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 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 faclltIes 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 daily pIckup and deliver 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 convenient location next to 1-95 and not dIsturb 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 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 Ordmances of Boynton Beach, Flonda (heremafter "Code"), proVIdes for the mtent and purpose of the PID zoning dIstrict as follows INTENT AND PURPOSE A planned mdustnal development dlstnct (Pill) IS established The purpose of thIS dlstnct IS to proVIde a zomng classIficatIOn for lIght mdustnal development that will better satIsfy current demands for lIght mdustnal 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 amemtIes RegulatIOns for the PID are mtended t accomplish a more desIrable envIronment for industrial 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 publIc 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, busmess (wholesale or retail), educational instItutIOn, adult entertamment m accordance WIth Section II.M, recreatIOnal and attractIons as defined for the mdustnalland use clasSIfication, multI-family reSIdentIal, and mIxed use resIdential/commercial uses in Page 3 PID's totalIng a mImmum of 500 acres or mdustnal use provIded that such use or uses Is/are approved by the planmng and development board. In approvmg uses m the PID, the planmng 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 zomng 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 (1) or more of the following needs' preschool programmmg; tutonng; kmdergarten, elementary and secondary grades schoohng; hIgher learning for the purpose of grantmg degrees m a partIcular field and occupatIOnal or mdustrial, 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 accomphsh a desIrable environment for mdustnal development m relation to eXIsting and future development, as well as to promote pubhc health, safety, convemence, welfare and good government for the CIty Pace Development ServIces intended uses would quahfy 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 zomng 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 hnes 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 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 hnes 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 govemmg 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 contaminate any pubhc 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 m 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 hghtmg 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 Page 5 Zomng 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 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 prmcIples and standards adopted by the InstItute of Electncal and Electromcs Engmeers, or the Electromc Industnes 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 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 intent 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 commumty Page 6 Paces's desIre to be an mtegrated member of the commumty fits m wIth the mtent and purposed of the PID by accomplishing 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 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 belIef. //~~ SIgnature of authOrIzed agent g/1?qjf}Z- Da{e ,Jun, (J:3 02 11: 15a ~r~MER REALTY DEVELOPMENT 56 106940 p. 1 Uof~3/~062 el:50 56179897," H 1l\..RHY'.j SMITH PE PAGE B? !I' .CERTtJ:l.C....TlQN (I) (Wit) unditf"Statld that this application and ali papers and plsns submitted hcreWl" become a part ot the permanent re<:orcl$ Qfthe PIaJv1.ng and Zoning OiviliiQ" (I) (We) t1ereby certifY that 1to4i above statements <lnd anv statements or shoVAngs in any POIC)ers or plans submillf:!d herewlh are true tc the be my) (our) knOWledge 81)d :lchef This app4lC9tion wtll not be accepta<l 7~1 ~~. w:~"ru~,",'be~ - ~) 2- ~~ 7l~ ~~ _ Signature ol'-Owner(s) et Trusttre. 01 Date AlIthOlize(j Plincip:tl if property is owned by iI (;OIporation or otMr busines:s enlll',. OR Signalure 01 c~r~el p~c:n-;se-;:-(i;~piican6--- Date v &~JHQ!W~If9!:J OF A~ _/LAf~ Signature at Authorized Agent H, Burton ~lIith (I) (We) hereby des;gflate the 3bow-S!lJ~d J)8rSClO as (my) (our) authOfUlad agent in regard to t....i& app!lca!lOtl ~;JI(Je ____ Oat~ S~atu'a Of CNnet{s) or Trustee, "-.---- or Auf1on2Bd Principal t property., owned by a corporation or other to!lness enflty 5'8ii!'-" OR i~nilltlJre ofCQ;;if~ser (If appl.eant) Dale A. REPRESENTAnVE MUST B~ PRESENT AT ALL TECHNICAL REVIEW COMMITTEE. PLANNING AND DEVELOPMENT BOA.RD OR COMMUNITY REDEVELOPMENT AGENCY (eRA) AND CITY COMMISSION MEEnNGS HELD TO REVIEW THIS PROJECT. s [ . 01 (~T cr- _ A-nr' 'r,.."