LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
December 26, 2000
Winston Lee
Winston Lee & Associates, Inc.
Quantum Lakes Drive, Suite 101
Boynton Beach Florida 33426
Re:
File No:
Location:
Grotto Bay @ Bermuda Place (Quantum Park)
NWSP 00-016
East side of Quantum Lakes Drive, south of Gateway Blvd.
Dear Mr. Lee:
Enclosed is the City of Boynton Beach Development Order for new technical site plan with
waivers granted on, December 21,2000.
Should you have any questions regarding this matter, please feel free to contact this office at
,
(561) 742-6260.
Sincerely,
fZ0{j~
Michael W. Rumpf
Director of Planning & Zoning
MWR/vr
J.\SHRDA T A\Planning\SHARED\ WP\PROJECTS\Quantum Park .Grono Bay @ Bermuda Place:\ Waiver\Development Order Letter.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FA-X: (561) 375-6259
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida.
<r
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December 19, 2000
Phase I of the project, the actual pond itself, has been completed and is taking
stormwater from the Ocean Avenue Bridge and from all the downtown streets currently
connected to it. Phase II, the balance of the project, is scheduled to be completed by
the end of March, 2001. Boardwalk and rails are going up, the concrete sidewalk is
being completed, and the lower half of the gazebo structure has been delivered for
installation.
(,
This is a Construction Manager At Risk Project where savings from the base contract
and savings from the contingency fee will be split between the City and the Contractor,
half-and-half. The projected final construction cost estimates have been done and he
reported that if all things stay on course, there might be upwards of six figures in savings
coming back to the City.
West Water Treatment Plant Expansion
Mr. Sugerman will report on this at the next update.
Commissioner Black asked if there were any plans on the horizon for stormwater
improvements on Federal Highway related to Ms. Mary Law's and Smith Brothers
Photography's problems? Commissioner Black stated that every time it rained, six to
eight inches of water collected in these adjacent businesses on Federal Highway and
that it had been going on for a long time. The clay-colored water comes to their
businesses from the ballfield behind it. Mr. Sugerman said he would be happy to take a
look at it although it was not one of the current planned improvements.
VII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAfTER AS THE
: r: AGENDA PERMITS
A( 1). Project:
Agent:
Owner:
Location:
Description:
Grotto Bay @ Bermuda Place
Joni Brinkman,AICP, Winston Lee & Associates,Inc.
Quantum Park. & Village, LLC
The east side of Quantum Lakes Drive, south of Gateway
Boulevard, lots 59 through 61, Quantum Park PID
Request for Technical Site Plan approval for 15.16-acre
pod in the Quantum Park PID. The mixed-use pod will
contain 272 multi-family residential rental units and require
code waivers pursuant to Ordinance 00-52 (POSTPONED
ON DECEMBER P) 711ls Item was moved From the
Consent Agenda In on/er to aJnslder both Grotto
Bay Items at the same time.
Attorney Cherof administered the Oath to all persons planning to speak on any of the
agenda items being addressed in the Public Hearing. Attorney Cheraf asked the
speakers to identify themselves by name and, and to state any special qualifications
they possessed pertaining to the testimony they would be giving.
David Norris, Attorney for Quantum Park & Village, LLC, applicant, stated that there
were 49 conditions listed in the Conditions of Approval. '!hey disagreed with item 40 but
'-'
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
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December 19, 2000
Mr. Winston Lee, licensed landscape architect and certified planner, said that the
issue had come up, but the Planning & Development Board stated that they could not
waive this requirement.
Mr. Bressner stated that Mr. Norris had accurately portrayed the difference of opinion of
City staff with the developer on the recreation dedication requirement. The City belief
was that since residential units were being brought into the community, there was an
impact that would be generated as a result, and they believe that the Ordinance did
apply. Mr. Bressner also stated that the City had not been silent in the attempts to settle
the matter and had also offered suggestions to reach agreement. He said it was a legal
and a policy matter as to whether the Ordinance applied but the City believed it did and
had calculated the amount owed by the developer. He said that the impasse was
regrettable because the developer had contributed a lot to the community and the City
had worked w,th the developer on many occasions in the past.
Commissioner Fisher said that he believed the issue was not just Grotto Bay but
Quantum Park as a whole and how that particular area should be charged. One of the
options before the Commission was to approve the project and delay this portion until
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida.
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December 19, 2000
final agreement was reached, allowing a 30-45 day window to reach agreement before
start of construction. Commissioner Black said he believed that had to be agreed to
before any shovel was put in the ground and questioned if this was true according to
Boynton Beach City 'Code? Attorney Cherof stated that this was the way that the
Ordinance read and this was the way that staff in the past had applied that language to
other developers.
Doug McDonald, President and C.E.O. of Quantum Limited Partners, and the owner
of the majority of the land in Quantum Park, outlined the difference between Quantum
Park and other businesses in the City of Boynton Beach in that they pay two sets of tax:
1) Boynton Beach tax, and 2) a community development tax, which pertains to irrigation,
roads, lakes, and linear parks. This tax is not paid by the City of Boynton Beach but is
paid by the Community Development District inside Quantum Park. He said that every
sidewalk and every lake they had was open to the public, at no cost to Boynton Beach.
Staff is saying that Quantum gives the City no credit for the 90 plus acres inside of
. Quantum Park that are a part of lake districts, jogging paths. and what staff likes to call
linear parks. There are seven miles of them open to the public and at no expense to the
City. In the last eighteen months Quantum had brought in over 800 jobs into the City.
He said that they were the economic engine that drove Boynton Beach and that they
represented the million square feet that was being built and was going up at no expense
to the City of Boynton Beach. He said they wanted what was fair under the law. He said
they would work with the City to develop a comprehensive plan that would tie in not only
the City's fifteen acres of land inside of Quantum but the 90 plus acres in Quantum that
was open to the residents of Boynton Beach, and develop something of which all could
be proud. He asked that the City not hold them up on Grotto Bay at Bermuda Place.
Mr. McDonald's words were well received by the audience.
Commissioner Ferguson said the City had 7.1 acres in the Marina district and had given
the developer incentives of $800,000 and did not have much to show for it. They have
553 acres out at Quantum Park and if we were to give the same kind of incentives to
them, it would come to $8 or $9M so let's not quibble over $100,000. They seem like
good neighbors and have brought a lot of jobs into the City. Let's move ahead. This
was well received by the audience.
Commissioner Fisher said he had heard from both sides and he believed that both sides
were willing to work out an agreement. As of tonight they had not. He reiterated his
earlier question of whether the Commission had the right to approve the move-ahead of
Grotto Bay and delay the recreation dedication issue for 30 to 45 days? Attorney Cherof
said no, but that they could formulate an appropriate condition that incorporated this
intent and substitute it for' the condition or conditions that had been objected to.
Commissioner Fisher reiterated the fact that it was a Quantum Park issue and not just
Grotto Bay and that Quantum Park was unique and should be treated differently.
Vice Mayor Weiland said that every situation was unique in itself and he did not want to
see the Commission set a precedent. He said Quantum had shown good faith and
would continue to do so. They showed the City a plan of what they would like to do in
this area in the near future and he hated to see the momentum stopped. He expressed
a great deal of faith in the Quantum organization. He stated that the soul of politics was
compromise and that was what needed to be done in this case. Whether the issue was
17
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida.
December 19, 2000
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deferred -until agreement was reached or whether it was hammered out tonight or in the
next 30 to 45 days, we should let them do their two projects and move on. .
Commissioner Black'stated that Quantum had been a good partner with the City. They
started out trying to sell those pieces of property as industrial and came before the
Planning & Development Board and came up with this other idea of mixed use and
residential. It was his opinion that there had been a major site plan modification and that
the City had given in quite a bit for it. The City wanted them to come in and liked their
ideas. He said there was a set of laws on the books and that Quantum did not agree.
with them. He said staff had given them every credit possible to compromise. He
believed that every developer was going to come forward and say their situation was
unique and that later on in the agenda, the City was asking another developer to pay a
recreation fee and he believed this developer might also get up and say his situation was
unique and why should he pay it? He thought the Commission would be setting a
precedent that it did not want by letting them build and talking about it later. He thought
staff had done a good job. People want to have parks and green space and we do not
have a lot of developed parks. His fear was that once Quantum was done with their
construction and out of town, there might be a lot of residential units out there with no
public parks for the people. He said there was compromise in the agreement and that it
was the attitude of the developer that did not want to pay it that was at fault. If the City.
held them to that compromise, $177,000, he did not believe that they would walk away
from the City.
Mayor Broening said there were lots of precedents in the City, county, state and country
to provide incentives for development. How can we expect people to come into our City
and invest tens of millions of dollars on a risk and not have an investment or risk on the
part of the City? There are three quarters of a million dollars in the downtown marina ~
project with far less assurances than Quantum. He thought this Commission had the
authority to waive any fees that it deemed appropriate to promote development. He
knew that there had been ongoing talks for the last two weeks on this specific issue. He
heard Mr. McDonald speak to a promise to develop a master plan that would offer better
utilization of the existing 90 plus acres in Quantum Park, and to develop it as a unified
entity rather than in bits and pieces as the City had been known to do in the past. He
could not think of any better plan than for Quantum and the new City staff to unite in this
effort. He mentioned visiting Naples, Florida and Collier County and noted with great
interest the cooperation that had taken place between developers putting up hotels and
private residences in the middle of protected lands. The maintenance and the utilization
of those lands is contributed to by the public and the people who reside there. He said
the only difference was that you could not get into the residences because they were
gated but he said they linked up to the boardwalks that went through the mangroves, aU
around the development. He believed that a similar idea was being proposed by Mr.
McDonald and Quantum to make Quantum Park operate with a unity and coherence that
does not exist today. I am very sympathetic to action from the Commission that would
permit the site plan approval to go ahead with the stated promise of Quantum's
assistan~ and cooperation with the City staff to develop these properties for publiC use
in a unified, coherent fashion.
Mr. McDonald stated that they took exception to the idea that Quantum, at the expense
of industrial development, got Bermuda Bay passed. They had the ability when they
~
18
...- ---- -.-- -. ~_.., ........ I' '-WI'''''''' IJIIYfWt .;:IUUU I VI
Gateway Boulevard
Request for 20' utility easement abandonment
between Lots 60 and 61 in the Quantum Park PID
No one in the public wished to speak on this issue.
Description:
Motion
Commissioner Ferguson moved to grant the request for a 20-foot utility easement
abandonment between Lots 60 and 61 in the Quantum Park PID. Commissioner Fisher
seconded the motion to allow discussion if needed. The motion carried 5-0.
B. Project: Woolbright Place PUD
(TABlED ON DECEMBER 5"')
Agent:
Kilday & Associates, Inc.
f'"
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida.
December 19, 2000
(
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deferred -until agreement was reached or whether it was hammered out tonight or in the
next 30 to 45 days, we should let them do their two projects and move on.' -.
Commissioner Black'stated that Quantum had been a good partner with the City. They
started out trying to sell those pieces of property as industrial and came before the
Planning & Development Board and came up with this other idea of mixed use and
residential. It was his opinion that there had been a major site plan modification and that
the City had given in quite a bit for it. The City wanted them to come in and liked their
ideas. He said there was a set of laws on the books and that Quantum did not agree.
with them. He said staff had given them every credit possible to compromise. He
believed that every developer was going to come forward and say their situation was
unique and that later on in the agenda, the City was asking another developer to pay a
recreation fee and he believed this developer might also get up and say his situation was
unique and why should he pay it? He thought the Commission would be setting a
precedent that it did not want by letting them build and talking about it later. He thought
staff had done a good job. People want to have parks and green space and we do not
have a lot of developed parks. His fear was that once Quantum was done with their
construction and out of town, there might be a lot of residential units out there with no
public parks for the people. He said there was compromise in the agreement and that it
was the attitude of the developer that did not want to pay it that was at fault. If the City.
held them to that compromise, $177,000, he did not believe that they would walk away
from the City.
Mayor Broening said there were lots of precedents in the City, county, state and country
to provide incentives for development. How can we expect people to come into our City
and invest tens of millions of dollars on a risk and not have an investment or risk on the
part of the City? There are three quarters of a million dollars in the downtown marina ~
project with far less assurances than Quantum. He thought this Commission had the
authority to waive any fees that it deemed appropriate to promote development. He
knew that there had been ongoing talks for the last two weeks on this specific issue. He
heard Mr. McDonald speak to a promise to develop a master plan that would offer better
utilization of the existing 90 plus acres in Quantum Park, and to develop it as a unified
entity rather than in bits and pieces as the City had been known to do in the past. He
could not think of any better plan than for Quantum and the new City staff to unite in this
effort. He mentioned visiting Naples, Florida and Collier County and noted with great
interest the cooperation that had taken place between developers putting up hotels and
private residences in the middle of protected lands. The maintenance and the utilization
of those lands is contributed to by the public and the people who reside there. He said
the only difference was that you could not get into the residences because they were
gated but he said they linked up to the boardwalks that went through the mangroves, all
around the development. He believed that a similar idea was being proposed by Mr.
McDonald and Quantum to make Quantum Park operate with a unity and coherence that
does not exist today. I am very sympathetic to action from the Commission that would
permit the site plan approval to go ahead with the stated promise of Quantum's
assistan~ and cooperation with the City staff to develop these properties for publiC use
in a unified, coherent fashion.
Mr. McDonald stated that they took exception to the idea that Quantum, at the expense
of industrial development, got Bermuda Bay passed. They had the ability when they
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida.
December 19, 2000
bought Quantum to develop 2,350,000 square feet of industrial space. They will have
developed in 18 months from now, with the new Publix expansion, 1,973,000 square feet
of the potential. industrial lands that were available in Quantum, at no expense to the
commercial, residential, or office components. He said their record spoke for itself and
that the 700,000 square feet of space was there to be seen. They fulfilled their
obligations, their plan had been coherent, and they had developed Quantum into what
would become the center of Boynton Beach, at no cost to the City of Boynton Beach.
Motion
Commissioner Ferguson made a motion to approve the site plan for the 15.16 acre POD
in the Quantum Park PIO, which will contain 272 multi-family residential rental units and
waive the recreation fee, subject to Planning and Development comments with the
deletion of item 40 and items 24 through 27 dealing with the recreation dedication.
Quantum will work with City staff to develop Quantum lands for publiC use in a unified,
coherent fashion. Vice Mayor Weiland seconded the motion.
Commissioner Fisher asked if this wording left no more room for discussion between
staff and Quantum on a compromise? Mayor Broening stated that this was corre~ but
that he believed there was a promise from Mr. McDonald that he would work with staff to
develop a unified plan of development for Quantum Park. Commissioner Fisher said
language to that effect should be included in the motion.
City Clerk Kruse polled the vote, which was 4-1, Commissioner Black dissenting.
A(2). Project: Grotto Bay at Bennuda Place
(Easement)
(APPUCANT REQUESTED POSTPONEMENT TO DECEMBER
19, 2000 PLANNING AND DEVELOPMENT MEETING)
Agent: Joni Brickman, AICP, of Winston Lee & Associates,
Inc.
Owner: Quantum Park & Village, LLC
Location: The east side of Quantum Lakes Drive, south of
Gateway Boulevard
Description: Request for 20' utility easement abandonment
between Lots 60 and 61 in the Quantum Park PIO
No one in the publiC wished to speak on this issue.
Motion
Commissioner Ferguson moved to grant the request for a 20-foot utility easement
abandonment between Lots 60 and 61 in the Quantum Park PIO. Commissioner Fisher
seconded the motion to allow discussion if needed. The motion carried 5-0.
B. Project: Woolbright Place PUD
{TABlED ON DECENBER S"}
Agent:
Kilday & Associates, Inc.
19
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
December 5, 2000
-
2.
Proposed Resolution No. ROO-172 Re: Approving
the revised Recreation & Park Department Revenue Policy Manual
& Fee Schedule
D. Ratification of Planning & Development Board Action:
1. Boynton Shoppes (Side Yard Setback) - Request for relief from
Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30' setback
to allow a 17.5' variance or a minimum 12.5' side yard setback
within the Boynton Shoppes PCD
2. Grotto Bay @ Bermuda Place - Request for Technical Site Plan
approval for 15.16 acre pod in the Quantum Park PID. The mixed-
use pod will contain 272 multi-family residential rental units and
require code waivers pursuant to Ordinance 00-52
3. Boynton Shoppes - Request for new site plan approval to
construct an additional 3,000 square foot retail building located on a
0.727 acre outparcel in the Boynton Shoppes PCD
,
4.
Boynton Landings - Notice of Appeal from the June 20, 2000
decision of the Planning and Zohing Director, denying Boynton
Landings' request for a minor modification of the approved site plan
e
E. Approve Task Order #1 with Hartman & Associates for the preparation of
design/build documents for the installation of a new 12ft water main to
complete a loop on Hypoluxo Road from Overlook Road to Seacrest
Boulevard and replace existing small rear easement water mains in the
San Castle area east of 1-95 in the amount of $43,650. These documents
will be used to obtain competitive bid/design proposals.
F. Approve the expenditure of $23,090 for the purchase of two Trimble ProXR
GPS units from GPSServe, Inc. The Trimble ProXR GPS units are on
SFWMD Bid #RFB 00-044.
Motion
Commissioner Black moved to approve the Consent Agenda. Motion seconded by Vice
Mayor Weiland and unanimously carried.
VI. CITY MANAGER'S REPORT:
A. Recommendation of Selection of Planning Consultant for Federal Highway
Zoning in Progress Study - Award RFP #012-2410-01/CJD to Michelle
e
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
Mr. Ensler stated that he researched the City Code and determined that there are
prohibitions in the Code that prohibit banners, signs that swing, fluttering signs
and also under special signs, banners do not meet the criteria. Mr. Ensler asked
Attorney Schulz if he could cite the section that allows banners in the City?
Attorney Schulz said he read the section of the Code cited by Mr. Ensler and it is
his contention that the City's Code is vague and ambiguous and the Code states
that a banner is a sign. Therefore the definition of a sign needs to be determined.
Vice Chair Dube noted that there was no "period" after the word sign and that the
Code states that "a sign having the characters, letters, illustrations or
ornamentals applied to cloth, paper, film or a fabric of any kind, with only such
materials for a backing".
Mr. Myott inquired if the applicant ever applied for permits for the banners and
was informed they did not.
Attorney Schulz stated that when he came to the meeting tonight, he saw
banners hanging from the light poles with the Happy Holidays' insignia an(j is
displayed similarly to the Boynton Landings' banners.
Attorney Payne and members discussed the wording of the motion on the floor.
Vice Chair Dube withdrew his original motion and Mr. Friedland withdrew
his second of the motion.
Motion
Vice Chair Dube moved to deny the Notice of Appeal of the Applicant from the
June 20, 2000 decision of the Planning and Zoning Director, denying Boynton
Landings' request for a minor modification of the approved site plan. Motion
seconded by Mr. Friedland. Motion carried 6-0.
Technical Site Plan With Waivers
Description:
GROTTO BAY @ BERMUDA PLACE
Joni Brinkman, AICP, of Winston Lee &
Associates, Inc.
Quantum Park & Village, LLC
The east side of Quantum Lakes Drive, south
of Gateway Boulevard
Request for Technical Site Plan approval for
15.16 acre POD in the Quantum Park PID.
The Mixed USE POD will contain 272 multi-
family residential rental units and require code
waivers pursuant to Ordinance 00-52.
5.
Project Name:
Agent:
:: Owner:
Location:
15
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
,
November 28, 2000
Mr. Winston Lee, of Winston, Lee & Associates assumed the podium and
Attorney Payne administered the oath.
Chairman Wische noted that there were 49 staff comments and requested the
agent only address the comments they do not agree with or need clarification on.
Mr. Lee said he divided his comments into four parts. The first part will be the
waivers that the applicant agrees with. The second portion would be the single
waiver request that the applicant is in disagreement with staff. The third portion
would be certain conditions that they do not agree with. The fourth portion would
be for clarification on some design recommendations.
With regard to Items #4, #6 and #16, Mr. Rumpf replied that the agent wants to
insure that the way the item is read, if it is checked, it would be included. Also
that the waiver procedure takes precedence over the comment, except for one,
which is Item #16. Item #16 was an oversight and did not include the reference
to the waiver request. Staff will add that to the amended conditions, so that if the
waiver is approved, the condition is superseded.
Item #40 is a waiver request that the applicant does do not agree with. This deals
with a buffer area south of the project. Mr. Lee pointed out the area in question
on the artist's rendering of the project. Mr. Lee said that the Code as written
would not apply in this instance to a mixed-use project. The Code states that a
fence or wall must be placed between the two properties and the applicant feels
this would be counterproductive. If you put walls in, the open area concept would
be broken up and lost.
Chairman Wische asked for staff to comment. Mr. Rumpf said that staff has the
ability to be flexible. Mr. Rumpf said that they are asking for some type of
separation between the residential and the office building that could be
something less than a brick wall and staff wants to separate the two parcels. Mr.
Rumpf noted that on the northeastern side there is a continuous hedge and a
tree spaced every 20 to 30 feet. Staff would like to see this at minimal on the
other side of the property to separate the two environments. Mr. Rumpf further
pointed out that currently the two tracts in question are connected, but it may not
always remain this way. Also, this portion of the mixed-use project is not mixed-
use, but is residential.
Mr. Friedland said he did not see the need for a wall and Mr. Rumpf replied that
the wall would only provide security and is a marketing issue, It the applicant is
not in need of that type of element, staff would agree to that.
Mr. Doug McDonald, President of Quantum Limited Partners, 2500
Quantum Lakes Drive, Boynton Beach took the podium and said they are
breaking new grounds in the City and he does not want to see walls used to
16
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
separate the parcels in Quantum Park. Further, Mr. McDonald noted that they
will be back before the Board in two months with the main portion of the project.
Mr. McDonald pointed out in Quantum Park there has been over $100 million
worth of construction completed with 3,000 jobs as of today.
Mr. Lee stated the next items they disagree with are Items #24, #25, #26 and
#27, which deal with Parks and Recreation's comments on requests for
dedicated recreation fees. Mr. Lee said that these regulations do not apply to
this project. The project is a DRI and has received its development order and is
fully vested. Also, the City Codes as written do not apply, because this is a mixed
use POD within a PID and not a residential sub-division.
Mr. Lee pointed out all the recreational facilities are already available in Quantum
Park, including bicycle paths, picnic areas, green spaces, lakes, etc. Also, there
are some very large preserves on site. Mr. Lee stated that Quantum Park is
already providing more than what is being requested and there are more
preserve areas than residential property. A children.'s play area is already
designated, plus a swimming pool with lawn areas. Also, the recreation building
will have air conditioned basketball and racquetball courts, with exercise rooms.
Vice Chair Dube noted that this Board cannot waive the fee, and this would have
to be done by the City. Mr. Rumpf stated that based upon a strict interpretation
of the Ordinance, the Recreation Department feels that this project is no different
than any other project in the City, regardless of the zoning district that it is being
developed in. Further, Mr. Rumpf stated that the residences were never
accounted for in the land use tabulations and concurrency analysis when the City
was redoing its Comprehensive Plan.
Mr. Rumpf said the issue here is whether the item is applicable and suggested
that the two parties meet to resolve their differences, but feels that this can be
worked out with minimal impact to the project. Mr. Lee requested when the City
mQkes its recommendations, these conditions not be included.
Mr. Myott pointed out that when you have a high-density project, the recreational
impact fees represent a great deal of money and is based upon people and land.
Mr. Myott said he is very much in favor of the project, but is uncomfortable in
recommending that the recreation items be deleted from the proposal. Mr.
Rumpf said staff is currently reviewing the methodology used in determining the
recreation impact fees.
The recreational impact fee is based upon:
A person's per dwelling unit factor or figure, number of
dwelling units and value of the land. Currently it is based
upon 2.5 for single family and 2 persons per dwelling unit
17
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
r
November 28, 2000
for multi-family unit and this project is less than those
figures. These figures will come down in the future.
Mr. McDonald said they have spent several hundred thousands of dollars on
recreational enhancements and that they maintain the drainage for the City park.
at no cost to the City, and they maintain the City's wetlands at no cost to the City,
and that the City pays no dues. Mr. McDonald pointed out that the project will be
attracting young professionals with very few children. He further stated that they
have been working with the City in a very positive manner, but the comment on
the impact fees tonight appears like a "cash grab" that they never had to deal
with before and that they have never gone to the City to ask for any tax breaks or
incentives.
Further, Mr. McDonald pointed out that a new Ordinance was created for the DRI
and these fees do not apply to their project. Mr. Myatt said that there is not
enough information to simply remove the comments.
Mr. Friedland pointed out that Quantum Partners has never come to the City,
County or State for any money for the project and he would like to see the project
move forward.
Chairman Wische noted the wonderful things that are taking place in Quantum
Park and feels it is the biggest thing to ever come into the City. Chairman
Wische said the City should be flexible and suggested members take a tour of
the area to see what is going on in Quantum Park.
Mr. Lee added that three-quarters of the requirements have been met on site.
He then asked members to refer to Condition #37 and stated they agree to
Condition #37 and they are going to correct the land use designation on the site
plan to "industrial".
Lastly, Items #46, #47, #48 and #49, Mr. Lee thought these were only
recommendations, not conditions of approval; however, Mr. Rumpf informed him
that they could be conditions of approval. Mr. Lee would like those comments be
kept as recommendations and addressed each one individually.
#46 - Modify the proposed project to improve pedestrian/sidewalk system,
including extension of sidewalks to intersections and striping for pedestrian paths
across drive aisles in the parking area. Mr. Lee said there are areas that need
more connections and when the Master Plan is presented for Bermuda Place
Quantum Lakes Drive will have substantial improvements. He requested that the
only striping would be for ADA requirements and doesn't want to stripe the entire
site.
18
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
#4 7 - It is important that this residential project take the initiative in linking future
development of Bermuda Place. It appears that the only link proposed is a
driveway exit north of the site. How will the future development link with Grotto
Bay? Mr. Lee stated that they have taken the initiative to incorporate linkage and
Quantum Lakes is being redesigned with Bermuda Place and pointed out the
pedestrian links on the artist's rendering. Mr. Lee stated that the pedestrian
connection is the critical connection between the two projects and asktd that
they be allowed to let them deal with this. i
i
#48 - The project should take advantage of the lakes by designing t~e open
spaces between the buildings as "terminating vistas" creating a link betWeen the
two. Mr. Lee interpreted this to mean there would be open spaces between the
lakes. Mr. Lee stated there are beautiful terminating vistas in other locations and
noted that the project is a waterfront project and doesn't want to create an
unencumbered corridor from lake to lake.
#49 - Adding other architectural elements such as fountains could enhance the
interior green spaces. Currently only two gazebos are proposed. Mr. Lee did not
see the need for water features on the interior since it is a waterfront project.
Also with regard to only two gazebos are proposed, that is what is being planned
for the interior.
Therefore, Mr. Lee requested that comments #46, #47, #48 and #49 be left as
recommendations.
Vice Chair Dubs pointed out that if the Board approved the item subject to staff
conditions, they remain as recommendations and this Board does not change
their designation unless the Board specifically makes them conditions.
For an overview of the comments, Vice Chair Dubs requested that the Board
review what transpired.
~ Mr. Rumpf stated in the first group Comment #16 is the only comment to be
modified and the agent and staff agree that the reference to the waiver
requirement will be added, so that it would supersede the requirement if the
waiver is approved.
~ Mr. Lee added that Comments #4 and #6 were approvals of the waiver.
~ With regard to Condition #37, the applicant will accept staffs
recommendation.
Mr. Friedland complimented Mr. Rumpf for his hard word and dedication on
behalf of the City and he is much appreciated.
Motion
19
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
Vice Chair Dube moved to approve the request for Technical Site Plan for 15.16
acre POD in the Quantum Park PID. The Mixed Use POD will contain 272 multi-
family residential rental units and require code waivers pursuant to Ordinance 00-
52, subject to all staff comments with the following changes:
(a) Comment #16 will be modified to add the reference to the waiver request
and to read that the corresponding note on the site plan referencing the
waiver request will be modified to read that no encroachments in the
easements will occur.
(b) Comment #40 will be removed.
(c) Comments #46 through #49 will be maintained as recommendations.
Motion seconded by Mr. Friedland. Motion carried 6-0.
8. Other
None
9. Comments by Members
Mr. Ensler pointed out that the current Code requires a 9' wide space for parking
and pointed out that many communities have adopted 10' wide parking spaces.
The benefits of adopting a 10' wide parking space would be eliminating a lot of
incidences of damage to cars.
Vice Chair Dube noted it is important that the City Commission make
appointments to the Board when there are vacancies because there were only
six members present tonight due to a lack of Alternates.
Vice Chair Dube said it is important for members to go to the Commission
meetings because it appears that the powers given to the Board are being
eroded. Chairman Wische said there are rumors that Mr. Greene was organizing
a committee that would be responsible for the murals. When the Community
Appearance Board was disbanded those powers were given to this Board which
includes signs and murals.
Also, Chairman Wische said since there is a CRA, the City wants everything in
the CRA to be handled by that Agency. Chairman Wische said he would
recommend if all this takes place, the entire Board should resign in total. Vice
Chair Dube noted that this Board is experienced and knowledgeable and doesn't
see the need for more Boards.
Members discussed the process of approval for murals, which they had
previously reviewed and it was noted that once this Board reviewed the subject, it
moved on and never came back to the Board. Mr. Ensler questioned why the
20
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
Board wasn't asked to take a vote or express an opinion and Attorney Payne did
not think that was necessary. Chairman Wische asked for a consensus from the
members if the Board feels it should be the authority for approval of murals and
not have it by pass the Board because a statement was made that indicated that
the Board was not in favor of murals. There was a consensus among the
members that they would like the approval of murals to come before this Board.
Mr. Friedland said there are very strong reasons why this Board has complaints
and he feels politics is being played. He would like the politics taken out and that
the Board be permitted to continue its job without being weakened.
10. Adjournment
Vice Chair Dube moved that the meeting adjourn, which was seconded by Mr.
Hay. The meeting properly adjourned at 10:00 p.m.
Respectfully submitted.
,(JC:vf;-..."fl.- J"'- hL,"-J~.,-
Barbara M. Madden
Recording Secretary
(3 tapes)
-:
21
This Instrument Prepared By
Record and Return to:
Mark M. Hansen
1062 Coral Ridge Drive
Coral Springs, FL 33071
--
,\
/
POOL AND POOL DECK EASEMENT AGREE.MENT
\\
THIS EASEMENT AND AGREElVIENT, made and entered into this day of
, 20 between QUANTUM LI.MITED PARTNERS, LTD a Florida Limited
Partnership, "Grantor", whose mailing address is: 2500 Quantum Lakes Drive, # 1 00, Boynton Beach, FL
33426 and VILLAS AT QUANTUNI LAKES, INe. , a Florida corporation, whose mailing address is
l062 Coral Ridge Drive, Coral Springs, FL 33071 and its successors and assigns in the Adjacent Property
(collectively "Grantee').
WITNESSETH:
WHEREAS, Grantor is the fee owner of the parcel of land hereinafter described as the "Easement
Area", which shall be the burdened property for purposes of this Easement Agreement; and
\VHEREAS, Grantee is the fee owner of the Adj acent Property (as hereinafter defined), which
shall be the benefited property for purposes of this Easement Agreement; and
WHEREAS, Grantor desires to grant to Grantee, as the owner of the Adjacent Property, and its
successors in interest in the Adjacent Property, the easement granted herein subject to the terms referred
to herein.
NOW THEREFORE, for and in consideration of the sum ofTen and Noll 00 ($10.00) Dollars in
hand paid and for other good and valuable consideration, the receipt of which is hereby acknowledged,
Grantor, as the owner of the Easement Area, does hereby grant to Grantee, as the owner of the Adjacent
Property, and its successors in interest in the Adjacent Property (collectively "Grantee"), a nonexclusive
easement forever for the installation, operation, maintenance and service of the pool, spa, pool deck and.
appurtenant facilities thereto ("Easement Area") located within Palm Beach County, Florida, more
particularly described as follows:
SEE THE DESCRIPTION AND SKETCH ATTACHED HERETO AND
INCORPORA TED HEREIN AS EXHffiIT "A"
This instrument shall be binding upon Grantor and Grantee and their successors and assigns. The
easement granted herein shall burden the Easement Area and such burden shall run with the Easement
Area. The easement granted herein shall benefit and be appurtenant to the Adjacent Property and such
benefit shall run with the Adjacent Property.
"Adjacent Property" as used herein shall mean Lots 59, 60 & 61 Quantum Park at Boynton Beach
U:\SHEIlA\QUAN11J}v1\Easement-Pool Deck & Pool.doc
By:
Signed, sealed and delivered
in the presence of:
print name
}vip<LlL- \11. r-1"""iV S<:::i"r
\
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
.~ n
, The \orfng ~nstrmnent was aCknOWled.ged before me thiSd.[? day of ~ohy1b-<-
'Pi<:~' .N(5R Ii . who IS personally known to me and who dId take oath.
! ~
l\:Iy Commission E~1Jires: (/" A-. (/2:.f! Cb~
NOTARY PUBLIC> GNATURE
.~'hc, /d ev~r-id'-;l
Print Name
. 20 0 / . by
..,~, Sheila Rendon
*:l\iiiir *My Commission CC874390
\~~c: .
'> .",.' _xplres September 26. 2003
U:\SHEILA\QUANTUM\Easement-Pool Deck & Pool.doc
P.I.D. Plat No.6, P.B. 57, Pg. 191 Palm Beach County, Florida.
/
The right to use the Easement Area for a purpose which does not unnecessarily interfere with
Grantee's use of the Easement Area is expressly reserved to the Grantor and Grantor's respective legal
representatives, successors and assigns. Any use of the Easement Area by Grantee shall be at Grantee's
expense. In the event that Grantee makes use of the Easement Area, and if Grantee should require access
to the Easement Area for any necessary maintenance, repair, replacement or modification of the facilities
and/or equipment of Grantee within the Easement Area, the cost of removal, replacement, repair or
restoration of any property, equipment, facilities or structures of Grantee or any loss of use of same, shall
be at the sole cost artd expense of Grantee. Grantee agrees to indemnify and hold harmless Grantor and
Grantor's respective legal representatives, successors or assigns for any costs or liabilities associated with
Grantees use of the property, equipment, facilities or structures within the Easement Area.
In exercising its rights under this instrument, Grantee shall comply with all laws, ordinances,
orders, rules, regulation and requirements of all federal, state and municipal governments, including
administrative agencies, which may be applicable to or affect the Easement Area.
IN \-VITNESS WHEREOF, the Grantor and Grantee have hereunto set its hand and affixed its
seal as of the day of , 20
Signed, sealed and delivered
in the presence of:
GRANTOR:
QUAJ."lTUM LIMITED PARTNERS, INe.
"
witness
By:
Signature
print name
witness
Attest:
Signature
print name
5T A TE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this _ day of
, who is personally known to me and who did not take an oath.
. 20----, by
My Commission Expires:
NOTARY PUBLIC SIGNATURE
Print Name
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