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Quantum Park NOPC #15DEVELOPME ORDER OF THE CITY COMMIS.c C1'1[¥ OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: N OF THE Quantum Park NOPC #15 (MPMD 05-006) Eugene Gerlica, Quantum Group of Companies ~vntopment , ~&Z ~ ~ulldlnQ ~ =.egineerlng 0cc. LIcenee Deputy City Clerk APPLICANT'S ADDRESS: 2500 Quantum Lakes Dr., Ste 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2005 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units. LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton (C-16) Canal 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: 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 Applic/a~t v- 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 Applica/rA'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. Ail further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~.~ - 4-05' City Clerk S:\Planning\SHARED\WP\PROJECTS\C Amendment #15 + MP EXHIBIT B EXHI~BIT C 8 EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC # 15 File number: DRIA 05-001/MPMD 05-006 Reference: 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence Conditions of Approval DEPARTMENTS INCLUDE REJECT 2. Provide notice of concurrency (Traffic Performance Standards Review) from X Palm Beach County Traffic Engineering. 3. Provide notice of school concurrency from Palm Beach County School X Board for the additional 105 residential dwelling units being requested. 4. Amend the Substantial Deviation Determination Chart under "Attraction X and Recreation" to reflect a "0" below the heading of "Proposed Change" instead of N/C for the 4,000 seat movie theater. 5. Height is not a characteristic of the DRI or the Master Plan. Height limitations X are located within the Planned Industrial District (PID). Therefore, the height request will not be addressed in the NOPC. If a change is proposed to the height limitation, a Code Review (CDRV) request, justification and review fee must be submitted to amend the PID regulations. 6. The applicant is asked to acknowledge that the City is currently in litigation I X regarding heights exceeding 45 feet ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ¢ ~I S:\Planning\SHARED\WP~PROJECTS\Quantum Park NOPC #15-MPMD\COA.doc