O00-02ORDINANCE NO, O - 00 - 024
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR A DETERMINATION
WHETHER CHANGES TO THE COMPREHENSIVE
DEVELOPMENT OF REGIONAL IMPACT APPROVED IN
ORDINANCE NO. 84-51, AND AMENDED IN
ORDINANCES NOS. 86-11, 86-37, 88-3, 94-10, 94-51,
96-33, 96-65, 97-20 AND 99-05 CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06,
FLORIDA STATUTES, 1996, AND WHETHER FURTHER
DEVELOPMENT OF REGIONAL IMPACT REVIEW IS
NECESSARY REGARDING SUCH CHANGES,
APPROVING SUCH CHANGES, AMENDING THE
DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86-
11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20 AND
99-05) FOR PURPOSES OF INCORPORATING THE
APPROVED CHANGES, AND PROVIDING AN
EFFECTIVE DATE.
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 of 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
Orded');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, the City approved previous applications to amend the Development
Order which applications were approved by the City in Ordinance No. 86-11, Ordinance
~ This Ordinance has been conformed to reflect clerical corrections and restated reference to
Exhibits at the request of the State of Florida Department of Community Affairs.
Page I of 6
86-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96-
33, Ordinance No., 96-65, Ordinance No. 97-20, and Ordinance No. 99-05; The
proposed change is requested without an increase in the total vested trip generation of
65,752 trips: No change to the DRI is proposed other than as set forth herein.
WHEREAS, the City Commission of the City 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 impact
pursuant to Chapter 380.06, Florida Statutes (1996); and
WHEREAS, the City Commission has considered the testimony, reports and
other documentary evidence submitted as said public hearing by Quantum, the City staff
and the public, and the City Planning and Development Board's recommendation of the
22nd day of February, 2000; and
WHEREAS, said City Commission has considered the testimony, reports and
other documentary evidence submitted at said public hearing by Quantum, the City staff
and the public, and the City Planning and Development Board's recommendations of the
22nd of February, 2000; and
WHEREAS, said City Commission has considered all of the forgoing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. A notice of public hearing was duly published on the 26th day of
February, 2000, in the Palm Beach Post, a newspaper of general circulation in Boynton
Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said
has been duly filed.
Section 2. The Development Order shall be amended to include the following provisions:
Page 2 of 6
Lots 3 and 6:
The Lot 3 and Lot 6 Land Use Designations have been changed to Industrial (IND) from
Office/Industrial (OI). The change is made to be consistent with the approved Site
Plans for warehouse, storage and distribution developments.
Lots 39 and 40:
The land Use Designation for the lots has been changed to Governmental and
Institutional (G&I) from Office/Industrial (OI). The Palm Beach County School District
has purchased these lots for parking and school related purposes.
Lot 50B:
The Land Use Designation has been changed from Office/Industrial (IND.) to Industrial_.
Lots 59, 60, 61, 62:
These lots were previously designated as Office/Industrial (OI) Land Use. The Land
Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use
Designation includes office, commercial and residential uses.
Lots 63, 64, 65A, 65B, 66, 67A, 67B and 67C:
These lots were previously designated as Office/Industrial/Commercial (OIC) Land Use.
The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land
Use Designation includes office, commercial and residential uses.
Lots 76, 81 and 82:
These Lots are currently designated as Office/Industrial (OI). The previous
Office/Industrial/Commercial (OIC) Land Use Designation was amended by Notice of
Proposed Change No. 9 and the revised Master Plan submitted in support of that
change. It is proposed to change the designation to Office/Industrial/Commercial (OIC).
Page 3 of 6
Lots 83, 84, 85, 86, 87 and 88:
The Land Use of these lots was previously designated as Office/Industrial (OI) or
Attraction and Recreation (AR) Land Use. The Land Use has been revised to "Mixed
Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial
and residential uses.
Section 3. Master Site Development Plan Amendment No.10 as submitted to
the City, a copy of which is attached hereto and made a part hereof as Exhibit "B"
replaces and supersedes the Master Site Development Plan currently approved in the
Development Order.
Section 4. The Development Order shall also be amended to include the
Conditions of Approval #1, 5, 7, 8, 11, and 18, attached and incorporated herein as
Exhibit "C".
Section 5. Upon consideration of all matters described in Section 380.06,
Florida Statutes (1996), it is hereby determined that:
A. The amendments proposed by Quantum do not unreasonably
interfere with the achievement of the objectives of the adopted state
land development plan applicable to this area.
B. The amendments proposed by Quantum are consistent with the
local comprehensive plan and are, or will be, consistent with the local
land development regulations, subject to the conditions outlined
above.
C. The amendments proposed by Quantum are consistent with the
recommendations of the Treasure Coast Regional Planning Council,
subject to the conditions outlined above.
Page 4 of 6
D. The amendments proposed by Quantum do not create any
additional regional impacts and therefore do not constitute a
substantial deviation under Chapter 380.06, Florida Statutes (1996).
Section 6. The City Commission has concluded as a matter of law that these
proceedings have been duly conducted pursuant to the provisions of Chapter 380.06,
Florida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and
that the Development Order is hereby amended incorporating the amendments
proposed by Developer as set forth in Section 2 above.
Section 7. Except as otherwise amended herein, the Development Order shall
remain in full force and effect.
Section 8. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 9. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 10. Authority is hereby granted to codify said ordinance.
Section 11. This Conformed Ordinance replaces the existing Ordinance No. 0-
00-02 to correct certain scrivener's errors so as to conform the Ordinance to the matter
as passed upon by the City Commission.
Section 12. This ordinance shall become effective immediately upon passage.
FIRST READING this ,~'? day of ,~-~,~,~_.z~ ,2000.
Page 5 of 6
SECOND READING
/"//'~'¢'~:/" ,2000.
ATTEST:
City Clerk
Clean
and FINAL PASSAGE this ?' day of
CITY O~F BOYNEO/~ BE~CH, FLORIDA
Mayor Pro Tem
C~ission~
Page 6 of 6
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EXHIBIT "C"
Conditions of Approval
Project name: QUANTUM PARK DRI
File number: MPMD 00-001
Reference: REVISED 1st Review, New Site Plan. File with, January 11, 2000 Planning and Zoning
Department date stamp marking.
PUBLIC WORKS
Comments: NONE X
UTILITIES
1. The master plan indicates a significant change in usage from office/ X
commercial/industrial to mixed use in several locations. Adding a residential
component will require a re-review of the water and sanitary sewer demands
to be placed on our systems. Please have the applicant provide estimated
demands for all of the proposed changes.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments:
2. Submit a letter describing the proposed changes. X
3. To verify compliance with the maximum intensities that are described within X
note number two, submit square footage computations of the gross floor area
of the existing sites that have development order approval. Identify the lot
number and total floor area square footage of all sites with development order
approval. Total the floor area and categorize them in the land uses that are
identified in note two.
ENGINEERING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING I I
Page 2
Quantum Park DRI
File No.: MPMD 00-001
I
DEPARTMENTS INCLUDE I REJECT
Comments:
4. The Notice of Proposed Change (NOPC) document which accompanies this X
Master Plan revision does not account for Quantum Lots 83-88 in the
narrative provided for Question #5. Add these lots to the hst as 5.11 changing
the use from "OI or AR" to"MU" as shown on the Master Site Plan and
provided in the acreage table on page 4 of the NOPC report. Also, for your
records, the 8th Amendment was adopted by the city on June 3, 1997 by
Ordinance No. 097-20. The NOPC document, page 5 shows the date of
adoption as March 17, 1997.
5. Revise Item #2 under the Notes section on the Master Site Plan sheet to X
reflect the uses and intensities as proposed by Amendment #10.
6. Under the conditions of Amendment #8 to the Quantum Park D.O. and X
Chapter 3, Article IV of the Land Development Regulations a traffic analysis
is required for this Master Plan approval. In addition a traffic analysis is
required to assist in determining if the proposed changes will generate
additional regional impacts pursuant to Chapter 380.06 (18) Substantial
Deviations. A traffic statement was provided but is insufficient to provide the
analysis required. Provide a traffic analysis for Amendment # 10 which at a
minimum includes:
- An AM and PM peak analysis for uses proposed in Amendment #10,
particularly the 500 residential units,
- Trip distribution and assignment for the proposed use changes,
- Comparative trip generation table providing data for the uses originally
approved, those recently approved (Amendment #9) and those uses
proposed for Amendment # 10.
This traffic analysis will be reviewed by an independent traffic
consultant as required by Quantum D.O. Amendment #8.
7. Quantum Park DRI development is delinquent in providing the required X
annual report for the year 1998. In addition, the 1999 annual report is due
February 15, 2000. Annual reports must be provided in order to maintain the
existence of the DO and the vested rights associated with it. As a condition
of approval of this Master Plan Amendment #10 the 1998-99 Annual
report may be combined and submitted to the City's Planning and
Zoning Department no later than May 1, 2000.
8. Industrial tracts #47-A and #47-B are not labeled on the Master Site Plan. X
Label these tracts.
9. Approval of the Master Plan is contingent upon a finding of no substantial X
deviation by the City. The applicant must provide additional information
before a determination of no substantial deviation is made. The additional
information includes:
- Traffic analysis data requested by the City and McMahon and
Associates which analysis is found by McMahon and Associates not
to create additional regional impacts.
^ Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45
South, Range 43 East, Palm Beach County, Florida, said Tract being
more particularly described as follows: Commencing at the Southwest
comer of said Section 17; thence North 1E44'39" 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 89E04'32" East, along the centerline of N.W. 22nd
Avenue, a distance of 778.37 feet to the Point of Beginning; thence North
1E44'39" East, a distance of 1247.06 feet to the South right of way line of
L.W.D.D. Lateral 21; thence North 89E08'49" East along the South right
of way line 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 centeriine of the L.W.D.D. Equalizing Canal E-4, as
recorded in O.R. Book 1732, Page 612, of the Public Records of Palm
Beach county, Florida; thence along the centeriine of the above
described E-4 Canal with a curve to the right having a chord bearing of
North 10E32'52" East, a radius of 750.00 feet, a central angle of
4E04'17", and an arc length of 53.29 feet; thence continue along the
centerline of the E-4 canal, with a bearing of North 12E35'00" 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 angle of 3E28'30", and an arc length
of 394.23 feet; thence North 9E06'30" East, a distance of 1979.16 feet to
a point on the North Line of Section 17; thence with a bearing of North
89E16'39" East, along the North line of Section 17, a distance of 1964.50
feet; thence South 0E02'11" East, a distance of 2625.18 feet; thence
North 89E08'49" East, a distance of 368.96 feet to a point on the North
right of way line of N.W. 22nd Avenue as recorded in O.R. Book 1738,
Page 1686 of the Public Records of Palm Beach County, Florida; thence
South 19E27'31" East, a distance of 50.00 feet to the centerline of N.W.
22nd Avenue; thence with a curve to the fight having a chord bearing of
North 75E29'49" East, a radius of 1637.02 feet, a central angle of
9E53'58", and an arc length of 282.85 feet to a point; thence north
12E02'41" East, a distance of 915.72 feet; thence North0E31'11" East, a
distance of 399.70 feet; thence North 89E12'37" East, a distance of
413.21 feet; thence South 88E22'56" East, a distance of 1349.70 feet to
a point on the West right of way line of the Seaboard Coastline Railroad;
thence South 0E28'21" East, along the West right of way. line of the
Railroad, a distance of 1309.09 feet to a point on the centerline of N.W.
22nd Avenue; thence North 88E27'31" West, along the centerline of N.W.
22nd Avenue a distance of 672.97 feet; thence South 0E33'53" East, a
distance of 1306.69 feet; thence South 88E45'31" East, a distance of
333.51 feet to a point on the West right of way of the Seaboard Coastline
Railroad; thence with a bearing of South 14E08'23" West, along the West
fight of way of the railroad, a distance of 1312.49 feet; thence South
0E33'53" East, a distance of 26.69 feet; thence South 13E15'22" West, a
distance of 920.57 feet; thence North 88E50'04" West, a distance of
187.60 feet; thence with a bearing North 0E49'21" West, a distance of
200.00 feet; thence North 88E50'04" West, a distance of 218.00 feet;
thence South 0E49'21" East, a distance of 200.00 feet; thence North
88E50'04" West, a distance of 40.00 feet; thence South 0E49'21" East, a
distance of 556.84 feet; thence North 88E50'04" West, a distance of
3617.26 feet to a point on the centerline of the above described
centerline of the E-4 Canal; thence with a bearing of North 5E18'14"
West, a distance of 153.13 feet, thence with a curve to the right having a
radius of 450.00 feet, a central angle of 15E36'44", ~and an arc length of
122.62 feet; thence North 10E18'30" 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 angle of 18E20'00", and an arc length of 143.99 feet;
thence with a bearing of North 8E01'30" West, a distance of 1255.14
feet to a point on the centerline of N.W. 22nd Avenue; thence with a
bearing of South 89E04'32" West, along the centerline of N.W. 22nd
Avenue a distance of 817.85 feet more or less to the Point of Beginning.
Containing 591.55 acres more or less and subject to easements and
rights of way of record.
591.55 AC
51.70 AC
539.85 AC
GROSS LAND AREA OF QUANTUM PARK
LESS ROADWAY & CANAL
RIGHTS-OF-WAY OF RECORD'
NET LAND AREA OF QUANTUM PARK
Together with the addition of all land (lots 80, 81 and 82) lying within the
plat of the P.C.D. Center, containing 13.17 acres, as recorded in Plat
Book 60, Pages 106 and 107, of the Public Records of Palm Beach
County, Florida, for a total proposed net land area of 553.02 acres.
Page 3
Quantum Park DRI
File No.: MPMD 00-001
DEPARTMENTS INCLUDE REJECT
- The Substantial Deviation Determination Chart showing that the
increases and decreases in the Quantum Park DRI meet the threshold
requirements of Florida Statutes Chapter 380.06(19)(e) 5. c.
10. Approval of the Master Plan is contingent upon the applicant filing for and X
receiving approval for a text amendment to the Comprehensive Plan to permit
residential use in the Industrial land use category.
11. Approval of the Master Plan is contingent upon the approval of the X
apphcant's code revision request to permit residential development for large
scale projects in a PID zoning district.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS I I
12. Delete comment #2. X
13. Delete comment #3. X
14. Delete comment #4. X
15. Delete comment #6. X
16. Delete comment # 9. X
17. Delete comment gl0. X
18. The Quantum Park PID master plan shall be limited to a maximum of 500 X
dwelling units.
ADDITIONAL CITY COMMISSION COMMENTS
19. Change comment #5 to be included, not rejected. X
J:~SHRDATA~PLANNING\SHARED\WP~PROJECTS\QUANTUM 2000~DRI IvI~MD 00-00 i\CONDITIONS OF APPROVAL CC 3-7-00.DOC