O88-03011188-8
0151D
ORDINANCE NO. 88- ~
ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
PROVIDING FOR A DETERMINATION THAT CHANGES TO
THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT
APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN
ORDINANCE NO. 86-11, AND FURTHER AMENDED IN
ORDINANCE NO. 86-37, DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA
STATUTES, 1986, DETERMINING THAT NO FURTHER
DEVELOPMENT OF REGIONAL IMPACT REVIEW IS
NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT ORDER
(ORDINANCE NOS. 84-51, 86-11, and 86-37) FOR
PURPOSES OF INCORPORATING THE APPROVED CHANGES,
AND PROVIDING AN EFFECTIVE DATE AND FOR OTHER
PURPOSES
WHEREAS, Riteco Development Corporation, a Florida corporation
("Riteco") filed with the City of Boynton Beach (the "City") an
Application for Development Approval of Comprehensive Development
of Regional Impact (the "ADA") on May 21, 1984, regarding that
certain property (the "Property") described in Exhibit "A,"
attached hereto and made a part hereof; and
WHEREAS, the ADA was approved and the Development Order for
the Property was granted December 18, 1984 pursuant to Ordinance
No. 84-51 (the "Development Order"); and
WHEREAS, Riteco subsequently conveyed its right, title and
interest in and to the Property to Boynton Park of Commerce, Inc.,
a Florida corporation ("Boynton Park"), and, Boynton Park, in
turn, subsequently conveyed its right, title, and interest in and
to the Property to Quantum Associates, a Florida general
partnership (the "Developer"); and
WHEREAS, Developer filed with the City respective applications
to amend the Development Order, which applications were approved
by the City in Ordinance No. 86-11, and in Ordinance No. 86-37; and
WHEREAS, the term "Development Order" includes all amendments
thereto; and
WHEREAS, Developer has filed with the City another application
to amend the Development Order; and
WHEREAS, the City Commission of Boynton Beach, as the
governing body having jurisdiction, is authorized and empowered to
consider applications for amendments to development orders
approving developments of regional impac~ pursuant to Chapter 380,
Florida Statutes (1986); and
WHEREAS, upon publication and furnishing of due notice, a
public hearing on these proceedings was held January 5, 1988
before the City Commission of Boynton Beach; and
WHEREAS, the said City Commission has considered the
testimony, reports and other documentary evidence submitted at
said public hearing by Developer, the Boynton Beach staff, and the
public, and the Boynton Beach Planning and Zoning Board's
recommendations of December 8, 1987; and
WHEREAS, said City Commission has considered all of the
foregoing.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of
Boynton Beach, that said City Commission makes the following
findings of fact:
Section 1. A notice of public hearing in the proceedings was
duly published on December 21, 1987, in The Post, a newspaper of
general circulation in Boynton Beach, Floridat pursuant to Chapter
380, Florida Statutes, and proof of said publication has been duly
filed in these proceedings.
Section 2. Developer has requested that the Development Order
be amended as follows:
A. That the Amended Master Site Development Plan ("Amended
Master Site Development Plan"), attached hereto as Exhibit "B" and
made a part hereof, submitted by Applicant in its application for
Amendment to the Development Order replace and supercede the
Master Site Development Plan currently approved in the Development
Order.
B. That Section 4(1) be amended by adding the following
subparagraph (e):
(e) Quantum Park At Boynton Beach ADA
Amended Master Site Development Plan
submitted November 12, 1987.
0151D -2-
C. That references throughout the Development Order be
revised to conform to the Amended Master Site Development Plan.
Section 3. Upon consideration of all matters described in
Section 380, Florida Statutes (1986), it is hereby determined that:
A. The amendments proposed by Developer do not unreasonably
interfere with the achievement of the objectives of an adopted
state land development plan applicable to the area.
B. The amendments proposed by Developer are consistent with
the local comprehensive plan and local land development regulations.
C. The amendments proposed by Developer are consistent with
the recommendations of the Treasure Coast Regional Planning Council
on file in these proceedings.
D. The amendments proposed by Developer do not constitute a
substantial deviation under Chapter 380, Florida Statutes (1986).
E. The amendments proposed by Developer do not require
further development of regional impact review.
Section 4. The City Commission has concluded as a matter of
law that these proceedings have been duly conducted pursuant to the
provisions of Chapter 380, Florida Statutes (1986), that Developer
is entitled to the relief prayed and applied for, and the
Development Order is hereby amended incorporating the amendments
proposed by Developer as set forth in Section 2 above, and
incorporating that certain Memorandum from Kevin Hallahan to Carmen
Annunziato under date of December 2, 1987 (attached hereto as
Exhibit "C" and made a part hereof).
Section 5. Except as otherwise amended herein, the Development
Order shall remain in full force and effect.
Section 6. A copy of this Ordinance Shall be transmitted by
first class U.S. Mail, certified return receipt requested, to the
Bureau of Land and Water Management, the Department of Community
Affairs, Quantum Associates (the owner/developer), and the Treasure
Coast Regional Planning Council.
0151D -3-
Section 7. This Ordinance shall become effective immediately
upon passage.
1988.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
VICE-M~OR ......
COI~II 8S ION MEMBER
C~IS$IO~ I~IBER
eO~ SSION ~EMBER '~'
EXHIBITS:
"A" - Legal Description
"B" - Amended Master Site Development Plan
"C" - Memorandum from Kevin Hallahan
0151D -4-
EXHIBIT "A"
OVERALL BOUNDARY
LEGAL DESCRIPTION
cent
O.R.
Flor
with
East
leng
A Tract of land lying partially in Sections ]6, 17, 20 and 2], Township
45 South, Range 43 East, Palm Beach County, Florida, said Tract being
more particularly described as follows: Commencing at the Southwest
corner of said Section 17; thence North 1°]4,39'' East, along the West
line of Section 17, a distance of 1318.10 feet to a point in the
intersection with the centerline of N.W. 22nd Avenue, as recorded in
O.R. Book 1738, Page 1686, of the Public Records of Palm Beach County,
Florida; thence with a bearing of North 89°04,32'' East, along the
centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the Point
of Beginning; thence North 1°44,39'' East, a distance of 1247.06 feet to
the South right of way line of L.W.D.D. Lateral 21; thence North
89°08'49" East, along the South right of way line of L.W.D.D.
Lateral 21, as recorded in O.R. Book 1732, Page 612, of the Public
Records of Palm Beach County, Florida, a distance of 635.93 feet to the
-=rline of the L.W.D.D. Equalizing Canal E-4 Canal, as recorded in
Book 1732, Page 612 of Public Records of Palm Beach County,
ida; thence along the centerline of the above described E-4 Canal
a curve to the right having a chord bearing Of North 10°32,52''
, a radius of 750.00 feet, a central angle of 4°04'17'' land an arc
th of 53.29 feet; thence continue along the centerline of the E-4
· -Canal, with a bearing of North-12°35,00,, East, a distance of 320.69 feet
to a point of curve; thence with a curve, to the left having a radius of
6500.00, a central an~le of 3°2~'~n'' and an arc length of 394.23 feet;
then~ce North 9°06,30-~East, a d~s~;n~e of 1979.16 feet to a point on the
Na~tnh ~eN~frt~e~ion 17; thence with a bearing of North 89~16'392 East,
i ~ o 'ne of Section 17,'a distance of 1964.50 feet; ~t ence
South 0 02'11" East~, a distance of 2625.18 feet; thence North ~9 08'.49"
East, a distance of 368.96 feet to a poin~ on the North right of way
line of°'N.W. 22nd--A-venue~as recorded in O.R. Book 1738, Page 1686 of the
Public Records of Palm Beach County, Florida; thence South 19°27,31!,
East, a distance of 50.00 feet to the centerline of N.W. 22nd Avenue; '
thence with a curve to the ri ht havin a c ' th
~o~,~,, ..... g g hord bearing of Nor
~%~%n~:~as~]~,~a r~a=~u.s ~o~ 1~637.02 feet, a central angle of 9°53'58'',
%a-_~-.. ~%.~ .~=~ u_~ z~z.uD ~eet to a point; thence North 12°02'41''
~=~n~,.a.~ls~ance o~ 9.15.72 feet; thence North 0°31'11'' East. a distance
~ ~7~.iu ~et;othence North 89°12,37'' East, a distance of ~13.21 feet;
ene~out.n. 88 22'56" East, a distance of ~349.70 feet to a point on
ne wes~t right of way line of the Seaboard Coastline Railroad; thence
o. uth 0 28'21" East, along the West right of way line of the Ra-ilroad, a
~st~nce of ]309.09 feet to a point on the centerline of N.W. 22nd
Aven~e; thence North 88°27,31'' West, along the cente'rline of N.W. 22nd
Aven~e a distance of 672.97 feet; thence South 0°33'53'' East, a distance
of 1 ~06.69 feet; thence South 88°45,31'' East, a distance of 333.51 fee5
to a point on the West right of way of the Seaboard Coastline Railroad;
then.~e with a bearing of South 14°08,23'' West, along the West right of
way .pr the railroad, a distance of 1312.49 feet; thence South 0°33,53''
East, a distance of 26.69 feet; thence South 13°15,22'' West, a distance
of 9~0.57 feet; thence North 88°50'04'' West, a distance of ]87.60 fees;
thence with a bearing of North 0°49,21'' West, a distance Of 200.00. feet;
thence North 88°50'04'' West, a distance of 218.00 feet; thence South
0°49 21" East, a distance of 200.00 feet; thence North] 88°50,04', West, a
distance of 40.00 feet; thence South 0°49'21'' East, a distance of 556.84
feet; thence North 88°50'04'' West, a distance of 3617.26 feet to a point
on the centerl~ne of the above described center!ine of the E-4 Canal;
thence with a bearing of North 5°]8,14'' West, a distance of ]53.13 feet,
thence with a curve to the right having a radius of 450.00 feet, a
central angle of ]5°36'44'', and an arc length of 122.62 feet; thence
North% ]0°]8'30'' East, a distance of 988.60 feet to a point of curve;
thence with a curve to the left having a radius of 450.00 feet, a
central a~qle of 18°20'00'', and an arc length of ]43.99 fee~; thence
'~ith a bearing of North 8°0]'30'' West, a distance of ]255.]4 feet to a
poin~ on the center!ine of N.W. 22nd Avenue; thence with a bearing of
SouE~ 89°04'32' West, along the cen5erline of N.W. 22nd Avenue a
dis5 nce of 817.85 feet more or less %o the Point of Beginning.
Containing 59].55 acres more or less and subject to easements and rights
of '~ay of record.
:'-~C'L;F.O '-. ~.):~::' ~;; RECORD VERIFIED
; ",,L!,~, %?.-,',,.;;4 ;:U,L;" ¢':. ';-¢.,%LM BEACH couNTY, FLA.
.,r~.:-4 ;~. ,5. U~':i,',LE JOHN.B, DUNKLE -
-,,-, .,-r C,_"u;~T CLERK-CIRC01'T COI'/R~' ..';7
" -:. "'
EXHIBIT "C"
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Carmen Annunziato
Planning Director
Kevin Hallahan
Forester/Horticulturist
December 2, 1987
Master Site Development Plan Amendment ~3
Quantum corporate Park (FKA Boynton Beach
Park of Commerce)
This memorandum is in reference to the above document
submitted to the City of Boynton Beach Planning
Department on November 12, 1987. The new location of
the Sand Pine Preserve (14.3 acres) will comply with
the requirements of the Development of Regional Impact
(DRI).
This parcel should also be researched and included in
the requirements of the original 40 acre Sand Pine
Scrub Preserve Management Plan, Ecological Report. The
same management practices should be followed on the new
site to assure successful preservation of the land
parcel.
Kevin J.'Hallahan'-/
CC: File
DOC:QUACORPK
KJH:ad