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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