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1 ORDINANCE NO. 06-075
2 AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
4 ORDINANCE NO. 84-51, AS SUBSEQUENTL Y
5 AMENDED, OF THE CITY OF BOYNTON BEACH BY
6 ADOPTING AN AMENDMENT TO THE QUANTUM
7 PARK DEVELOPMENT OF REGIONAL IMPACT,
8 KNOWN AS THE QUANTUM PARK DRI
9 DEVELOPMENT ORDER, BY MODIFYING THE
10 MASTER PLAN TO INCREASE THE NUMBER OF
11 DWELLING UNITS PERMITTED UNDER THE
12 DEVELOPMENT ORDER FROM 1105 TO 1905
13 DWELLING UNITS; PROVIDING FOR A SAVINGS
14 CLAUSE, REPEALING PROVISION, AND PROVIDING
15 AN EFFECTIVE DATE.
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18 WHEREAS, Quantum Park of Commerce ("Quantum Park PID") is a partially built-
19 out Development of Regional Impact ("DRI") comprised of 553.13 acres, zoned Planned
20 Industrial Development ("PID"), and located on the west side of Interstate 95, from Miner
21 ~oad extended south to the Boynton C-16 Canal; and
22 WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum
23 ark DRI Development Order, adopted by the City Commission of the City of Boynton Beach
24 ecember 4,1984 under Ordinance No. 84-51, and subsequently amended by Ordinance Nos.
25 6-11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05, 00-02, 01-54, 02-54, 04-77, and
26 5-13 ("Development Order"); and
27 WHEREAS, the proposed Amendment, referred to as Amendment # 16 proposed
28 mending the Master Plan for Quantum Park to allow an increase in the number of dwelling
29 nits permitted under the Development Order from 1105 to 1905 dwelling units on the real
30 roperty located in Palm Beach County, Florida, as more particularly described in the attached
31 Exhibit "A"; and
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1 WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change
2 ~"NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said
3 OPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the
4 reasure Coast Regional Planning Council ("TCRPC"), and the City; and,
5 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter
6 ity Commission), the governing body of the local government having jurisdiction, pursuant
7 0 Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider
8 OPCs; and
9 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and
10 ection 380.06(7), Florida Statutes, have been satisfied and notice has been given to the
11 epartment of Community Affairs and the TCRPC; and
12 WHEREAS, this City Commission has reviewed this matter on August 1, 2006, and
13 n August 15, 2006, held a duly noticed public hearing on the Application, and has heard and
14 onsidered the testimony taken thereat; and
15 WHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC
16 d pursuant to the procedures of Section 380.06, Florida Statutes has determined that the
17 roposed changes will not create additional regional impacts; and
18 WHEREAS, this City Commission has received and considered the report and
19 ecommendations of the Planning and Development Board of the City of Boynton Beach; and
20 WHEREAS, this City Commission has made the following FINDINGS OF FACT
21 ND CONCLUSIONS OF LAW with regard to the MFT Development, Inc. application for
22 n amendment to the Quantum Park DRI Development Order;
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: . NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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ItHE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
. Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
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erein by this reference.
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Section 2.
That the City Commission of the City of Boynton Beach, Florida makes
6 he following findings of fact regarding the Notice of Proposed Change submitted by MFT
7 evelopment, Inc., the "Master Developer" related to the an amendment to the Quantum Park
8 evelopment of Regional Impact, previously approved by Ordinance No. 84-51, and
9 ubsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-
10 0,99-05,00-02,01-54,02-54,04-77, and 05-013; and
11 FINDINGS OF FACT
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A.
The proposed development is not in an area of critical state concern
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designated pursuant to the provisions of Section 380.05, Florida Statutes;
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B.
A State Comprehensive Planning Document has been recognized by the
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legislature as an advisory policy document for the entire State of Florida, and the
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proposed development does not unreasonably interfere with the achievement of
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the objective of this advisory policy document;
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c.
The proposed amendment to the Development of Regional Impact (DRI)
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Development Order will be consistent with the adopted comprehensive plan for
the City of Boynton Beach and is, or will be, consistent with the local land
development regulations, subject to conditions outlined herein, and Part III, Land
Development Regulations, of the City of the Boynton Beach Code of Ordinances;
and
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D.
The proposed development will be consistent with the proposed
2 amendment submitted to and reviewed by the Treasure Coast Regional Planning
3 Council pursuant to Section 380.06(8), Florida Statutes.
4 CONCLUSIONS OF LAW
5 It is hereby determined by the City Commission of the City of Boynton Beach, Florida,
6 a public meeting, duly constituted and assembled this 15th day of August, 2006, that the
7 otice of Proposed Change to the Quantum Park Development of Regional Impact submitted
8 Y the Master Developer is hereby ordered Approved, subject to the provisions of this
9 rdinance and the Conditions of Approval attached hereto as Exhibit "B", and incorporated
1 0 erein by reference.
11 1. That this amended DRI Development Order shall constitute the Development Order of
12 this Commission issued in response to the Notice of Proposed Change for the
13 Quantum Park DRI filed by the Master Developer.
14 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended
15 DRI Development Order.
16 3. That the Development Order shall be amended to modify the Master Plan of the
17 Quantum Park DRI Development Order, as follows:
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a.
The Master Plan designation of the maximum number of dwelling units
allowable within the areas designated for "Mixed Use (MU)"
development shall be increased from 1,105 to 1,905 dwelling units;
b.
Of the 800 additional units approved pursuant to this Ordinance, 400
units shall be placed on Lots 17, 52, 58, 102 and 103;
c.
The Master Plan designation of Lots 17 and 52 as Office/Industrial and
Industrial with Retail Sales (01 & IND/R) shall be changed to Mixed
Use (MU);
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d. The Master Plan designation of Lot 58 as Office/Industrial (011) shall
be changed to Mixed Use (MU);
e. Authorize the creation of Lots l02 and l03 following the abandonment
of the remaining portion of Quantum Lakes Drive, and that portion of
Quantum Boulevard south of Gateway Boulevard. Once created, Lots
l02 and 103 shall be designated on the Master Plan as Mixed Use
(MU).
f. Eliminate Note #3 on the Master Plan indicating "Total Vested Trips
for the Project shall remain 63,752 ADT", and adopting FDOT accepted
traffic standards;
g. Eliminate Note #4 on the Master plan indicating "Building height shall
not exceed 60 feet in Mixed use areas".
4.
That this amended DRI Development Order shall be binding upon the Master
Developer and its assignees or successors in interest. It is understood that any
reference herein to any governmental agency shall be construed to mean any future
instrumentality which may be created and designated as successor in interest to, or
which otherwise possesses any of the powers and duties of any referenced
governmental agency in existence on the effective date of this amended DRI
Development Order.
24 5. That in any event that any portion of section of this amended DRI Development Order
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is determined to be invalid, illegal or unconstitutional by a court of competent
jurisdiction, such decision shall in no manner affect the remaining portions or sections
of this amended DRI Development Order, which shall remain in full force and effect.
29 6. That the approval granted by this amended DRI Development Order is conditional.
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Such approval shall not be construed to obviate the duty of the Master Developer to
comply with all other applicable local or state permitting procedures.
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1 7. The amendments proposed by the Master Developer do not create any additional
2 impacts and therefore do not constitute a substantial deviation under Chapter 380.06,
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Florida Statutes.
4 8. Actual development phasing will depend upon economic circumstances and Master
5 Developer's internal business growth. Any proposed development described in the
6 Notice of Proposed Change are for planning purposes only and the actual development
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schedule may vary therefrom.
8 9. The amended DRI Development Order set forth in Section 1 hereof shall become
9 effective upon adoption of the ordinance amending the maximum number of dwelling
10 units allowable within the areas designated for "Mixed Use (MU)" from l, 105 to
11 l,905 dwelling units in the Master Plan, provided such date shall be extended until
12 completion of appellate procedures, if any, relating to the issuance of this amended
13 DRI Development Order.
14 lO. Copies of this Ordinance incorporating the amended DRI Development Order
15 amending the land use designation of the subject property to Development of Regional
16 Impact shall be transmitted immediately by certified mail to the Division of
17 Community Planning, the Treasure Coast Regional Planning Council, and the Master
18 Developer.
19 ll. Except as otherwise amended herein, the Development Order shall remain in full force
20 and effect.
21 Section 3. Except as provided herein, the Master Developer shall proceed in strict
22 ccordance with all ordinances of the city of Boynton Beach, including, but not limited to, its
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1 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and
2 regulations of the State of Florida Department of Environmental Protection.
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Section 4.
That should any section or provision of this Ordinance, or any portion
4 thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not
5 affect the remainder of this Ordinance.
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Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
7 . ~epealed.
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Section 6.
This ordinance shall become effective immediately upon its passage.
9 FIRST READING this l51 day of August, 2006.
10 :fECOND READING and FINAL PASSAGE this ~ day of Auau:5T
,2006.
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CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
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DRI Amd NOPCI6.doc
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