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Quantum Park PID-Gateway Cross DEVELOPM[ l' OEDEE OF THE CITY COMMIE ~ DN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID - Gateway Crossing APPLICANT'S AGENT: Nell J. Gaeta APPLICANT'S ADDRESS: 3555 North Lake Boulevard - Palm Beach Gardens, FI DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Use approval -October 17, 2001 Novem bec G, LOCATION OF PROPERTY: Quantum Park PID, Lots 81 and 82 DRAWING(S): SEE EXHIBITS "A" AND "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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations'. The Applicant X' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. and conditions of this order. Other ~ All further development on the property shall be made in accordance with the terms ~. ~ ...... ----. .... DATED: S:\Pfanning\SHARED\WP\PROJECTS\Quantum-Gateway City Clerk Cro"~'smC'USAP\Development Order.doc Iltl!l~,~[i.,,\\\\\ EXHIBIT "C" Conditions of Approval Project name: Gateway Crossing (Quantum Park PID) :ile number: USAP 01-003 (Use Approval) Le of rec test from Neff J. Gaeta of Gaeta Development Co. dated September 5,2001. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: X UTILITIES Comments: X FIRE Comments: X POLICE Comments: X ENGINEERING DIVISION Comments: X BUILDING DIVISION Comments: X PARKS AND RECREATION Comments: X FORESTER/ENVIRONMENTALIST Comments: X PLANNING AND ZONING Comments: 1. Retail uses will be limited to those lots with the "commercial use" option. X 2. Restaurants and related drive-through features shall be limited to Lots #81 and X #82. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X Comments: NONE Page 2 Steak 'n Shake File No.: COUS 98-005 DEPARTMENTS I INCLUDE I REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. Gateway Crossing Site Plan roject must be approved without conditions by the X Quantum Architectural Review Committee prior to and as a condition of permitting. If Quantum Architectural Review Committee does not approve by October 22, 2001 this approval by the City is subject to recommendation at the City Commission meeting of November 6, 2001. S:~Planning\SHARED\WP~PROJECTS\Quantum-Gateway Crossing\USAP\Conditions of Approval.doc TO: FROM: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-205 Chairman and Members Planning and Development Board Michael Rumpf~'''~L~' Director of Planning and Zoning DATE: September 24, 2001 SUBJECT: Quantum Park PID (File No. USAP 01-003) Retail store, fast food restaurant with drive-thru service, and restaurant on Lots 81 and 82. NATURE OF REQUEST Mr. Nell J. Gaeta, of Gaeta Development Co., is requesting use approval for retail stores, a fast food restaurant with drive-thru service, and a "high-turnover" restaurant, for the above-referenced lots within the Quantum Park Planned Industrial Development (see attached location map - Exhibit "A"). The applicant is proposing to construct a 77,375 square-foot building to house multiple retail uses. The planned project is also to include two (2) smaller structures each at 5,000 square-feet, one of them to be used for a fast food restaurant with drive-thru service, and the other one for a "high-turnover" restaurant (see proposed site plan - Exhibit "B"). Chapter 2, Zoning, Section 7,E. of the Boynton Beach Land Development Regulations permits building structures to be occupied by any office, professional, business (wholesale or retail), provide that all new uses proposed within a Planned Industrial Development (PID) district be approved by the Planning and Development Board (and City Commission). Furthermore, according to the Master Site Development Plan Amendment No. 10 for the Quantum Park PID, the subject parcels (81 and'82) are classified as "OIC", thereby allowing office, industrial, and commercial use alternatives. In compliance with the above-referenced section of the Land Development Regulations, the applicant is requesting that retail stores, and fast food restaurants, including a drive-thru feature be approved for the lots 81 and 82, Quantum Park PID, with the commitment to comply with all of the City's performance standards. BACKGROUND The following is a description of the zoning district and land use classifications of properties surrou'nding the subject parcels, indicated in Exhibit "A": North: Gateway Boulevard right-of-way, and farther north a vacant property zoned PID and classified OIC, Office, Industrial and Commercial; South: Car Max, an automobile dealership zoned PID and classified COMM, Commercial; East: Seaboard Railway and 1-95 rights-of-way; and West: High Ridge Road right-of-way, and farther west a gas station and vacant parcels zoned PID and classified MU, Mixed Use. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PID. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11.M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. To approve such a use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the Planned Industrial Development District. Page 2 Memorandum No. PZ 01-205 Furthermore, in March 2000, the City of Boynton Beach approved the Master Site Development Plan Amendment No. 10 for the Quantum Park PID to reflect new trends in the type of uses suitable within the Quantum Park PID. Based on the Amended Plan, and concurrently with this use approval request, the applicant is proposing the construction of three commercial retail and restaurant buildings totaling 87,375 square-feet on lots 81 and 82 of the Quantum Park PID, (see Exhibit "B"- proposed site'plan). ANALYSIS The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: 1) Noise: No sound will be created which in violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances. 2) Vibrations: No ground vibrations will be generated by the proposed use. Smoke, dust, dirt, or other particular matter: No emission of smoke, dust, dirt or other particular matter will be created. The proposed use will not .allow the emission of any substances in violation of any federal, state, county or city laWs or permits governing the emission of such substances. 4) Odors and fumes: No objectionable or offensive odors will be readily perceptible at any point beyond the industrial district. 5) Toxic or noxious matter: The proposed use will not allow any toxic or noxious matter to be discharged in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the property line or to contaminate any public waters o~ any groundwater. Fire and Explosion: The proposed use will not create a fire or explosion hazard. Heat, Humidity or Glare: The proposed use will not produce heat, humidity or glare, which is readily perceptible past the property boundary. The lighting will conform to the City of Boynton Beach's standards. Liquid Waste: Any disposition of liquid waste will be in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances or any applicable federal, state or county laws or permits. 9) Solid Waste: Any accumulation or disposal of solid waste will be in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances and will not be transferred to adjacent or nearby property or rights-of-way. 10) Electromagnetic Interference: No electromagnetic radiation or interference will be created. Page 3 Memorandum'No. PZ 01-205 11) Ha:zardous Materials and Hazardous Waste: No hazardous materials or hazardous waste will be created, stored or handled with the proposed use. It is the opinion of staff that the proposed retail and restaurant uses are consistent with the intent and purpose of the Quantum Park PID, as the master plan has always had a "commercial" use option on selected lots, the uses reflect changes in land development or current market trends, and furthers the attempt to provide a desirable environment for industrial developments, "while complying with the City's code requirements". As for impacts to both the adjacent properties and the Quantum Park PID, the proposed uses are compatible with adjacent uses which includes a gas station, car dealership, and the uses anticipated on the nearby parcels designated for mixed use. The total acreage for the subject parcels is within the maximum intensity for commercial uses allowed by the Quantum Park DRI Master Plan. Furthermore, the applicant has submitted a traffic performance standard review statement reviewed by the Palm Beach County Traffic Division, determining that the proposed development falls within the previously approv, ed DRI and meets the Traffic Performance Standards of Palm Beach County. Use approvals typically apply to lots with selected use options, rather than only specified lots. Staff would recommend that the retail use element of the request be processed as typical and therefore apply to lots with the "commercial" use option, whereas in order to limit the magnitude of restaurants within the Quantum PID, and in particular, fast food restaurants. Staff recommends that the restaurant aspect of the application only apply to Lots 81 and 82. The site plan for the project is being reviewed and prepared concurrent with the subject use approval request. RECOMMENDATION Based on the analysis contained herein, staff recommends that 'the list of permitted uses within the Quantum Park PID, be amended to allow retail uses on lots with the 'commercial use" option and to allow restaurants, with or without drive-through services, only on Lots 81 and 82. Additional conditions recommended by the Planning and Development Board or the City Commission will also be placed in Exhibit "C" - Conditions of Approval. MR:sb Attachments S:~lannir~g~HARED\WP~ROJECTS\Quantum-Gateway C¢os~ing\USAP~taff Re~ort.doc D~ rO~OL~S LOCATION MAP Gateway Crossing No'l- i 3YlYT OF: OOMMER A~]_T_U M _~ABi~..7_ ___ EXHIBIT "A" .'SITE,· ~Z '//8 .400 800 MILES FEET 3H RIDGE ROAD EXHII~i:F' "B"