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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT DivIsion of PlannIng and ZonIng Bulent J. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment September 21, 1998 Hendrik DeMello 1300 E. Hillsboro Boulevard, SUite 203-A Deerfield Beach, FL 33441 Re File No LocatIOn. Ongmal Pancake House (New SIte Plan) NWSP 98-011 North SIde of Gateway Boulevard, nnmedIately east of Hampton Inn Dear Mr DeMello Enclosed IS the CIty of Boynton Beach Development Order regardmg CommIsSIOn approval of your request for new site plan. Should you have any questIOns regardmg thIs matter, please feel free to contact thIS office at (561)742-6260 Smcerely, FJ_~~ Michael W Rumpf Actmg Planmng and Zomng DIrector MWRljma Attachment JiSHRDA T AIPLANNINGiSHAREDlWP\CORRESPlZONV ARIF\ORIGPANCAKEOIIDEVOR.DOC.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 FAX: (561) 375-6259 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME. Original Pancake House APPLICANT'S AGENT Hendrik DeMello APPLICANT'S ADDRESS 1300 E Hillsboro Boulevard Suite 203-A, Deerfield Beach FL 33441 DATE OF CITY COMMISSION RATIFICATION September 15,1998 TYPE OF RELIEF SOUGHT New Site Plan LOCATION OF PROPERTY North side of Gateway Boulevard, immediately east of Hampton Inn DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested 3 The conditions for development requested by the Applicant, administrative staff or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7 Other \11\\ \lli/llllf/" .,\ /// "" ~o 1 N To I'~ <~ \ .. ... 1- ~ ~ 0 . C'll'-POA...;.', <9 ~ .:::: ~ ..~(j ~ ~ ~ ::: I- .~ 0 >' ::: =_ : C)::: :0 ::z:: ::: ~ 920: ::: -. I ~ ~ . ... ... ~ ~ .. .... ;::. ~ ......... * ~II/, ~l. 0 R \ 0'" ':\\\~ 1'111/1/11 111\\\\\\\ DATED' ~#4'/98 ~~"'~L' City Clerk J'\SHRDATA\Planning\SHARED\WP\PROJECTS\Original Pancake House\Development Order - NWSP.doc EXHIBIT "e" Conditions of Approval Project name The Origmal Pancake House File number' NWSP 98-011 Reference' The plans consist of 6 sheets Identified as 2nd Review, New Site Plan. File # NWSP 98-011 with an August 18, 1998 Planmng and Zonmg Department date stamp markmg. DEPARTMENTS INCLUDE PUBLIC WORKS Comments. None X UTILITIES Comments I A bUilding permit for this project shall not be Issued until thiS office has X approved the plans for the water and/or sewer Improvements reqUired to serve the project. (Sec 26-15) FIRE Comments. None X POLICE Comments. None X ENGINEERING DIVISION Comments: 2. Submit the required items for waiver ,-1f plat specified in the March 11, X 1998 letter from Director of Development Bulent Kastarlak to Richard W Carlson, Jr., Esq 3 Provide an acceptable agreement between the Hampton Inn and Pancake X House regardmg common use of parking spaces and cross access if needed and their draInage systems, includIng maIntenance. 4 All plans submItted for specific permits shall meet the city's code X reqUIrements at time of applIcation. These permits Include, but are not lImited to the following: site lightIng, pavmg, dramage, curbing, landscapIng and lITIgation. Permits required from other permittIng agencies, such as FDOT, PBC, SFWMD, DERM, L WOD, DEP and any others, shall be Included With your permit request. 5 Show all reqUIred traffic control markIngs and slgnage on the site plan. X [LDR Chapter 4, Section 7.B.2.] Page 2 Ongmal Pancake House Ftle No NWSP 98-0 II DEPARTMENTS BUILDING DIVISION Comments 6 To properly revIew the proposed monument sign that IS shown on sheet A4, add to the drawmgs the below lIsted mfonnatlOn. The infonnatJon shall depict the sign and sign structure in comphance with the Quantum Corporate Park approved sIgn program and Article IV SectIOn 2 and 7 of the SIgn Code (Chapter 21 of the Land Development Regulations). a. Dimension the wIdth of the sign face. Also mdlcate the total area 10 square feet (maximum area allowed is 64 sq. ft. each side of a double faced sign). b Identify the color name, color-code and manufacturer of the colors proposed for the sIgn face and sIgn copy Also identify all colors of the sign structure and sign frame to which the sIgn IS attached. c Slgnage shall be pennitted 10dependently from other penn ItS for the proJect. 7 Chapter 9, Commumty DesIgn Plan, SectIOn 10.1.1 of the Land Development RegulatIOns, specifies that, "Signs shall be designed and treated as part of the architecture of the bUilding and shall be revIewed at tIme of site plan review" Therefore, to properly review the proposed wall signage that IS depIcted on the east elevatIon view draw10g of the build1Og, add to the draw10g the below hsted 1Ofonnation. The mfonnatIOn shall depIct the slgnage m compliance wIth Article IV, SectIOn 2 and 7 of the SIgn Code (Chapter 21 of the Land Development RegulatIOns). a. DImensIon on the elevatIon view drawings the width and height of the proposed wall sign. b Also 10dicate in tabular fonn on the elevation view drawing the total square foot area of the wall Sign. Note; the maximum allowed size of slgnage is Identified in Section 2, Article IV, of Chapter 21 - Sign Code and the method to detenn10e the Sign area is defined 10 Chapter I - General ProvIsions, Article II - Definitions (sign, area of). c. Indicate on the draw10g whether the wall sIgnage is or is not illuminated. Where apphcable, specify the type of illum1Oation. d. Signage shall be pennitted mdependently from other penn ItS for the project. 8 At time of pennit review, provide a copy of the South Florida Water Management District pennit that venfies the proposed finish floor elevation is in compliance with the m10imum standards. PARKS AND RECREATION INCLUDE REJECT x x x Page. 3 Ongmal Pancake House Ftle No NWSP 98-011 DEPARTMENTS INCLUDE REJECT Comments None X FORESTER/ENVIRONMENT ALIST Comments None X PLANNING AND ZONING Comments. 9 The buIldmg setback reduction variance scheduled for the 9/15/98 City X Commission agenda, must be approved pnor to site plan approval. 10 Plans must be reviewed by the Architectural Review Board mternal to X the PID; pnor to approval by the City 11 Provide a note on the site plan that references the service court area to X the dumpster detail 10 the architectural drawmgs. ReVise the dumpster wall elevations to reflect the site plan dimensions. Include the minImum pad dimenSIOns. Ch. 7.5 Art.II Sec.5 ParJ 12 Submit wntten confirmation from FPL approvmg the placement of X landscape trees within their easements. 13 On architectural plans, provide color Identifications for monument sign. X 14 Place a hedge withm the green space along the western property hne X pursuant to Chapter 7.5, Article II, Section 54, begmning at the northwest comer of the building, and extending along the loading zone and adjacent row of 9 parking spaces. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15 Denied request. X ADDITIONAL CITY COMMISSION CONDITIONS 16 Landscaping be enhanced along the west side includmg shade trees X adjacent to restaurant and four (4) palm trees and cocoplum hedge north ofthe restaurant. MWRldlm J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\ORIGINAL PANCAKE HOUSE\NWSP\COND. OF APPR-2ND REVIEW. DOC \ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR I~ ," IU; ~~1 ~ 6/6,~ APPLICANT Quantum Associates 00 ",1(.0 flo(j or ~snnf\L.t"",'r ,..0 (It.,l-!ovA-<--.c.- Iv'.) \'0 IV TIt- E- 111 P LXH-jJ fT APPLICANT'S AGENT James G. Willard. ESQ. HEARING BEFORE CITY COMMISSION May 20. 1997 TYPE OF RELIEF SOUGHT Request for Master Plan P Modification LOCATION OF PROPERTY the West side of 1-95 betwE and the Boynton (C-16) Canal DRAWING{S) SEE EXHIBIT "A" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flonda on the date of heanng stated above The City Commission haVing considered the relief sought by the applicant and heard testimony from the applicant members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant In a manner consistent With the requirements of the City's Land Development Regulations 2 The Applicant LHAS HAS NOT established by substantial competent eVidence a baSIS for the relief requested 3 The Applicant's application for relief IS hereby ..!... GRANTED subject to the conditions marked as "include" in ExhibIt "F" hereto DENIED 4 ThiS Order shall take effect immediately upon Issuance by the City Clerk. 5 All further development on the property shall be made In accordance With \;;.~CA-r\ON Mr-o auAN1UM CQRPQRA1E. PARK 1~ 1 Q'" :--i'-:-.,r: '~If~ ~ ,.",~ ' \ \ 'S! ~~- tIS \ \1: [, 1@ r:l . \ L---- ~ ,~ '.~ ~i~"'''~ ~~.' t= l'" ~''''''' 0--.. '.' -. .10 ~ ' ~r71' tie ';;'!~ ~ "",,~ d' C, \ - \;:<:;' .. c.-o -:::::.!...~",,,,...."t "S "~'~~' ~\' o::J. \' \ " "A~ s:4~~ . :>*ft _ ',"::''<-t{( ," \ ,'" d ,----,~5 - .. ~rtn 1'-. ..>-~'.. _~ "~11: ~ " ' ,..-...-) \~ \1 \.'.' TP" .~ r ' :t\m ,..,_ \='II"'" \ \ \ "-', ~ 1:= II: "",, '~ \t \ '~ oil.. r! ,'" .' ..'=, ~~.llJ ",t:::t '-lJ.l' '" 'rn; ! ~ '. "J; . 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',. ....,"~,.. -; , ' ,<-"--._---"~ " ORDINANCE NO 097- 20 AN 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 ORDINANCES NOS 86- 11 86-37 88-3 94-10 94-51 96-33 AND 96-65 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006 FLORIDA STATUTES 1996 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 86-37 88-3, 94-10 94- 51 96-33 AND 96-65) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES AND PROVIDING AN EFFECTIVE DATE. WHEREAS Rlteco 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 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 Page 1 of 6 WHEREAS Developer filed with the City respective applications to amend the Development Order which applications were approved by the City In Ordmance No 86- 11 Ordinance No 86-37 Ordinance No 88-3 Ordinance No 94-10 Ordinance No 94- 51 Ordinance No 96-33 and Ordinance No 96-65 and WHEREAS the term Development Order Includes all amendments thereto and WHEREAS Developer IS the current owner and developer of the remaining vacant land wIthin the Property (commonly known as the Quantum Corporate Park at Boynton Beach Development of Regional Impact or the Quantum Park oRI) and WHEREAS Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC") requesting a further amendment to the Development Order for the purpose of revIsing the Master Site Development Plan as follows Change in the master plan desIgnation of lots 6 7 8 9 10 11 2 15 16 17 18 19 21 39 40A 52 83 84 and 85 from office to office/industrial use change in the master plan designation of lot 1 from office/hotel use to office/industrial/commercial use change In the master plan designation of lots 12 13 and 14 from office/research and development to office/industrial use change In the master plan designation of lots 76 81 and 82 from industrial/commercial to office/industrial/ commercial use change In the master plan designatIon of lot 40 from office/government and institutional to government and institutional use change In the master plan designation of lots 58 59 60 61 and 62 from industrial/research and development to office/industrial use change In the master plan designation of lots 86 87 88 89A, 89B and 908 from research and development to office/industrial use change in the master plan designation of lots 65A 658 67B and 91 from office/hotel/commercial to office/industrial/commercial use change in the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use Page 2 of 6 ---- -------- --~-.~-~--------- change In the master plan designation of lot 90A from research and development to government and Institutional use change In the master plan designation of lots 68A and 688 from research and development to office/industrial use change In the master plan designation of lots 46A 48A. 488 48C 50A, 508 518 51 D 56 57 69 70 72, 73A. 738 74 and 75 from Industnal to office/industrial use change In the master plan designation of lots 77 78 79 and 80 from industrial/commercial to commercial use and change In the master plan designation of lots 66 67 A and 67C from office/hotel use to office/hotel/industrial use (see Exhibit Bn - Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park, dated May 20 1997) 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 Impact pursuant to Chapter 380 06 Florida Statutes (1996) and WHEREAS said City Commission has considered the testimony reports and other documentary evidence submitted at said public hearing by Developer the City staff and the public and the City Planning and Development Board's recommendations of the 13th day of May, 1997 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 5th day of May 1997 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 publication has been duly filed Page 3 of 6 Section 2. The Development Order shall be amended to mclude the following provISions 1 Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park dated May 20 1997 is hereby approved subject to the following conditions a) A traffic study shall be submitted with any future application requesting a change in the use designation of any lot. The CIty shall hire at the applicant's expense an Independent traffic consultant to review the traffic study b) Any upgrades required to the water and sewer systems within the PID due to the intensification of land use proposed with this application must be performed at the applicant's expense Section 3 Upon consideration of all matters described in Section 380 06 Flonda Statutes (1996) It is hereby determined that A The amendments proposed by Developer 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 Developer are consistent with the local comprehensive plan and local land development regulations subject to the conditions outlined above C The amendments proposed by Developer 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 Developer do not create any additional regional Impacts and therefore do not constitute a substantial deviation under Chapter 380 06 Florida Statutes (1996) 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 06 Florida Statutes (1996) that Developer 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 5 Except as otherwise amended herein the Development Order shall remain in full force and effect. Section 6 All ordinances or parts of ordinances In conflict herewith are hereby repealed Section 7 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 8 Authority IS hereby granted to codify said ordinance Section 9 This ordinance shall become effective immediately upon passage FIRST READING this ~o day of ~v ,1997 Page 5 of 6 --~--~-_.- -~ SECOND READING and FINAL PASSAGE this ~ day of - VaA/e' ,1997 CITY OF BOYNTON BEACH FLORIDA ( / / ~ / ~ ------ I ,.r MA YOR ./ ~7~~ Viet MAYOR / / ./ \...... / -- 7 COMM SIONE-f U-A COMMISSIONER ATTEST \\-\.-=-- ,:{- -- COMMISSIONER "" C~ ~~~,t~~.!~ CI CLERK ~,\\\" """"'I/. (C~~'-~~ ~ 0 ~ o~'i'OA."I "j:.. ~ ~ ~:(j ~ '7 ~ :: .:.. :~ , (') :: ~ !:: .~:- ! ~ ~ ::u : ::: - 1920:.::: ~ .' ;: ~ ... ~ ~ ......... ~ ~Ao ~LOO\Q... ~ r"lt '"' ~\'~ 11111"U1"'\\\\~ EXHIBITS "A" - Legal Description 'B" - Amended Master Site Development Plan S \Planning\SHARED\WP\PROJECTS\QUANTUM\ORDINANC\DRl 1997doc,doc Page 6 of 6 EXHIBIT II A" OVERALL BOUNDARY LEGAL DESCRIPTION A 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 corner of said Section 17, thence North 1 E44'39" 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 0 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 1 E44'39" East, a distance of 1247 06 teet to the South rig ht of way line of L. WOO Lateral 21, thence North 89E08'49" East along the South right of way line L.W DO Lateral 21, as recorded in o R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 63593 feet to the centerline of the L.W 0 0 Equalizing Canal E-4, as recorded In 0 R Book 1732, Page 612, of the Public Records of Palm Beach County Florida, thence along the centerline of the above described E-4 Canal with a curve to the nght 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 5329 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'00" East, a distance of 32069 feet to a point of curve, thence with a curve to the left having a radius of 650000, 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 89E 16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" 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 0 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 right having a chord bearing of North 75E29'49" East. a radius of 163702 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 91572 feet; thence North OE31'11" East, a distance of 39970 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 OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to 9 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 OE33'53" 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 right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E 15'22" West, a distance of 920 57 feet; ----.-..--- ---~_.-~.- thence North 88E50'04" West, a distance of 187 60 feet; thence with a bearing North OE49'21II West, a distance of 200 00 feet; thence North 88E50'04" West, a distance of 218 00 feet; thence South OE49'21" East, a distance of 200 00 feet; thence North 88E50'04" West, a distance of 40 00 feet; thence South OE49'21" 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 1 OE 18'30" 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 8EO 1'30" West, a distance of 1255 14 feet to a point on the centerline of N W 22nd Avenue thence with a beanng 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 S \PROJECTS\QUANTUM\OVERALL BOUNDARY LEGAL DESC -~~ --- -------~ J .(.. I cN~ I'~'L- ~.,n ~ r-- .)' J I I I I ' , II I/u '1 '....! n' : , , il !'J! I I I I I I I , I I : ,I II 11 I ,. '\l UVIS[D ....STER Pl.All '''[HD..[HT HO. , ..... 20. 1117 y 'I'll Iii ;;! ,!.IIII lI' :II' il :1/ .''/1 I :I iill "iil 'I' HI!! i li\'l :11/1 ~!.I i . I ~ ;,f .: r :.1 ~.. Iii I'!I I!II . (, i :~ l ) L f 'I fl- I , i I I I I P Lu.a ~ c-. C.I. __.__.. .___104 .......--...-.--- -----...- ---. - ---..... ---.... - ~- -=-=--:::'::=--:-::..,,:,..-=.. ....... ...-.-......- ===::J.::':-==.~ ..... ---.-------. 0- MASTER SITE DEVELOPMENT PLAN KEY PLAN LEGEND ;. L"'. ..- ---- a:MI fe.--.., uu ..... ... ,...... .... -- a a I (~~) ..._.... o (OM., ""How. CI (0-.......... t_ " ..... CIC (cw-.~~t "1.1..... a. C~IMIW) a.. ..... --- ... ..... ......... -- 4OCID.... -- nlJ Acre. CIIDI .G 10.." .... = ==:t Q OUANTUII ASSOCIATES National City C"n'". , '5 WII' Walhlnll'on 51. IncllonapolIl. IN "20' (317) 631- UIOO MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Motion CommiSSioner Tillman moved to approve Proposed Ordinance No 097 -17 Vice Mayor Titcomb seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carned 4-1 Commissioner JaskiewIcz cast the dissenting vote 3 Proposed Ordinance No 097-18 Re Abolishing the Children and Youth Advisory Board Attorney Goren read Proposed Ordinance No 097-18 by title only Motion CommiSSioner Tillman moved to approve Proposed Ordinance No 097 -18 Commissioner Bradley seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 4-1 Commissioner JaskiewIcz cast the dissenting vote 4 Proposed Ordinance No 097-19 Re Providing additional duties, powers, authority and functions of the Education Advisory Board Attorney Goren read Proposed Ordinance No 097-19 by title only Motion Commissioner Bradley moved to approve Proposed Ordinance No 097 -19 Commissioner Tillman seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 4-1 Commissioner Jaskiewicz cast the dissenting vote 5. Proposed Ordinance No 097-20 Re No substantial deviation to DRI for Quantum Park Attorney Goren read Proposed Ordinance No 097-20 by title only Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No 097-20 Vice Mayor Titcomb seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 5-0 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 next year they will go In front of the properties That will be done regardless of whether or not this alley IS abandoned Motion CommiSSioner JaskiewIcz moved to approve the abandonment of a 15 foot wide unimproved alley In the Bowers Park Subdivision Blocks 10 11, and 12 Vice Mayor Titcomb seconded the motion which carned 5-0 C Project: Agent: Owner" Location Description Quantum Park PID James G Willard and Bowen LLP Quantum Associates West side of the Intersection of Interstate 95 and Gateway Boulevard Master Plan Modification - Request to amend the previously approved PIO master plan in connection with an amendment to the DRI as follows Change In traffic distribution due to possible future severing of Quantum Boulevard between lots 22 and 31 and lots 6 through 11, and change in the master plan designation of lots 6, 7, 8, 9, 10 11, 22, 23, 24 25,26 27 28,29,30, 31, 1,2, 15, 16 and 40A from office to office/industrial use, of lots 1, 66, 67 A and 67e from office/hotel use to office/industrial/commercial use, of lots 12, 13, and 14 from office/research and development to office use lots 32 33, 34A, 348, 35, 36, 37 and 38 from office/industrial to industrial use, of lots 17, 18, 19,21 39, 52, 81, 82, 83, 84 and 85 from office to office/industrial/commercial use, of lot 40 from office/government and institutional to government and institutional use, change in the master plan designation of lots 58, 59, 60, 61 and 62 from industrial/research and development to office/industrial use, change in the master plan designation of lots 86, 87, 88, 89A, 89B and 90B from research and development to office/industrial use change in the master plan designation of lots 65A 18 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA I~ I~ ~ ';1-~1" ~~ ~ '/ . . 8/&..,. ,~..,--_. -- - APPLICANT Quantum Associates APPLICANT'S AGENT James G. Willard. ESQ, HEARING BEFORE CITY COMMISSION Mav 20, 1997 .---~~ TYPE OF RELIEF SOUGHT Request for Master Plan Amendment - Maior Plan ModificatIon LOCATION OF PROPERTY the West side of 1-95 between Miner Road extended and the Bovnton (C-16) Canal DRAWING(S) SEE EXHIBIT "A" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City CommIssion having considered the relief sought by the applicant and heard testimony from the applIcant, members of city adminIstrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant in a manner consistent With the requIrements of the City's Land Development Regulations 2 The Applicant // HAS HAS NOT established by substantial competent evidence a basis for the relief requested 3 The Applicant's application for relief is hereby ..!.. GRANTED subject to the conditions marked as "include" in Exhibit "F" hereto DENIED 4 ThiS Order shall take effect immediately upon issuance by the City Clerk. 5 All further development on the property shall be made in accordance with the terms and conditions of this order 6 Other' DATED Mav 20, 1997 / ~ ~ ~-k ~~~ Clt Clerk '! 1111i11 \ . 1// . "f ., N 8 11/ .~~.v ~ ~ .... "" - -<10 ~ 2 :J;)'-' ~OR.A.I% ~ ~ 21J... g ~ .=ou - - z . ~?'" - ~nQ f ~ ~ .,.... 4. ~ ,,,.. .::: ~ ~""\ -.. , ~.. 'q- ~ ~\J.. ..",,"-, ~ .......... d. ,V ~ ~ F\.or ~ "/It, ~\,'\ 1'111111/1 11\\\\\\" 5 Wp\OeDtS\P1anntng\Quantum Park. Dev Order ( L 1/,( City At~!J,ey~ j f v f / . _ I --<~ /, I C / / L .c 9jr:/~") ( ~--- J" t;.. ":')CA1\ON M:-P auAN'TUM CORPORA'Te. PARK 1/\l~1 crl :~ .::..-.... 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"""-..... t MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20 1997 65B 67B and 91 from office/hotel/commercial to office/industrial/commercial use change In the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use change In the master plan designatIon of lot 90A from research and development to government and institutional use change in the master plan designation of lots 68A and 688 from research and development to office/industrial/commercial use change In the master plan designation of lots 56 57 69 70 72 73A. 738 74 and 75 from industrial to offic:::e/industrial/commercial use, change In the master plan designation of lots 46A 48A. 488 48C 50A 508 518 and 51 D from Industrial to office/industrial use, change In the master plan designation of lots 76 77 78 and 79 from Industnal/commercial to commercial use, and change In the master plan designation of lot 80 from office to commercIal use Mr Willard attorney for Quantum Associates the applicant of this master plan modification request. stated that this matter went before the Planning and Development Board last Tuesday As a result of continued concerns by City staff and some of the Commissioners regarding the precedent that would be set if additional lots were designated for commercial use within Quantum, beyond the lots that were approved as commercial when the CarMax project was approved last fall he withdrew his request to expand the commercial designation other than for the three lots that were prevIously approved for hotel use One of the efforts of this proposed amendment was to simplify the number of designations on the land use plan and combine all of them Into office/industriaVcommercial The reference to "C" for commercial would include hotel and restaurant use The only additional lots he IS seeking this evening per the amended request are the three which would have the commercial designation and were previously identified as office and hotel use As discussed last fall he hoped the Commission would consider the expansion of commercial usage elsewhere in Quantum Park upon Identifying the speCific user the type of use what the bUilding would look like and how the site plan would be laid out. 19 ----- ~~---------~-- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Mr Willard dlstnbuted the proposed reviewed conditIons that he was seeking from the Commission thiS evening, a copy of which IS attached to the onglnal minutes on file In the CIty Clerk s Office He adVised that one other Item that was Involved with this application was the potential for consideration of the abandonment of a portion of Quantum Boulevard between the E-4 Canal and the City park in the northwest area of Quantum Park The application sought approval of that potential abandonment as a non Regional Issue which could rece!ve DRI approval tOnight but which would stili have to come back to the City Commission In the future time In the event a particular user was Identified We would have to have a road abandonment application and probably replat the property Mr Willard stated that there has not been success With marketing the office slots They are very narrow and there IS no demand for office usage If we had another user like BGI that wanted a consolidation of a 20 acre area and thIS road was abandoned we would have the opportunity to reconfigure about 23 or 24 acres In this area for a Single user Quantum Boulevard would then have access to that property and that user would have access In both directions Any eXisting utilities would be relocated Mr Willard would like the Commission to be open-minded to this potential in the future If that occurs he would request another change to the DRI and at the same time Identify the user Commissioner Bradley referred to staff's comments regarding the City park and some of the access problems Mr Willard thinks there was a mistake at one pOint about where we were considering potential abandonment of that road It will only be In the area between the lots currently owned by Quantum Access would still exist to the City park from Quantum Boulevard With regard to the abandonment of the alley he understands where the right-ot-way goes There are some eXisting utilities in that road nght now They would have to be relocated If we have an opportunity to replan thiS area especially for a particular user we can site plan around that. He would consider reconfiguring or dealing with Lot 31 which Juts out into the City park and currently provides a substantial obstacle in site planning the ball fields Vice Mayor Titcomb asked if It IS conceivable as an alternative to outnght abandonment, that that road be rerouted along one ot the perimeters either the western or eastern edge of all those lots combined Mr Willard did not think so He said the roadway IS 60 or 75 feet in Width The reason for the abandonment would be to gain as much width as possible between the canal and the lake in order to create a larger area to site plan To continue to have the road along the canal or along the inSide would defeat the purpose ot the reconfiguration and make it a different planmng prospect 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Vice Mayor Titcomb pOinted out that a user would not necessarrly have parking or pavement that would go around the eastern and western sides of their bUilding If they combrned all those lots Mr Willard said not necessarrly but even If they dId It would more !Ike!y be a parkrng lot or storage area and not sUitable for through traffic for public purposes Mr Willard referred to the handout that he distributed and stated that paragraph numbers 32 through 36 are Intended to be In order of the conditions of approval on Exhibit F to the Planning and Development Board recommendations These are the additional City Commission comments Paragraph 32 has the effect of deleting the requested commercial designation on all the lots other than the three that he mentioned earlier plus Lot 1 which IS the lot that Boynton Hospitality wants to put a Hampton Hotel and restaurant on Paragraph 33 would delete condition 20 of ExhIbit F which was a condition relating to transportation That would not apply if Lots 83 84 and 85 were not commercial There would not be a redistribution of any commercial traffic and the need to monitor that intersection beyond the mOnitoring that IS already In the development order agreed to last fall With regard to paragraph number 34 he stated that note number 5 relates to the future abandonment of Quantum Boulevard We do not have to address that this evening since we are withdrawing it. When we have a particular user we could bring that back to the Commission's attention Paragraph 35 refers to note 2 on the master plan This note provides certain limitations on different land use intensity for the property (industrial/commercial/office) and under commercial it says, "commercial, including hotel and club" The reference to "club" has been deleted This was a carryover from the 1984 master plan Paragraph 36 suggests that If the Commission sees fit to approve what is now bemg requested as amended, he will come back and revise the master site plan to be consistent with these designations and then a revised ordinance can be prepared incorporating the May 20th plan as approved by the Commission Tambn Heyden, Director of Planning and Zoning said Mr Willard has deleted the request to pre-abandon" that section of Gateway Boulevard and also added the option of industrial along the lots that abut Dos Lagos She pOInted out that the handout does not mcludes comments 9 through 13 which deal with traffic. She said Mr Willard 21 ---- ---------~-----~---- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Indicated that since he IS deleting many of the commercial lots that he onglnally proposed those traffic comments are not necessary She has not had an opportunity to discuss this with Palm Beach County Traffic Englneerrng or Treasure Coast to find out If that IS In fact the case Because there are lots along Gateway Boulevard that are adding an option to them either Industrral or office and knowing that the Intersection at Gateway and High RIdge was the problem Intersection and that the Issue was not total tnps per day but peak hour she believes there is a potential that there may stIli be a traffic concern with the additIonal designation With respect to lots 66 67 A and 67C the five lots along Gateway Boulevard on the south SIde that are between Park Ridge and Quantum lakes Drive are already designated for commercial Ms Heyden said Mr Willard is proposing that the three lots Immediately south of there that are clustered around the cul-de-sac that stems off of Park Ridge Boulevard be retained as commercial She would not recommend this because there IS an opportunity for the City to market this piece of property for consolidation to an Industrial user There IS only one opportunity left in the park to consolidate land, namely, the lots that back up to Dos Lagos. Since It is adjacent to residential she believes those land uses are incompatible If we allow commercial on them now because of the prime location at that intersection, it will go as commercIal very quickly She had no problem with conditions 33 34 35 and 36 as proposed Mr Willard stated that It is true that this IS a potential area of a combination of lots however five of these lots are already designated commercial He would like the three lots that were previously approved for a hotel to have a commercial designation instead of a hotel designation By labeling them OIC, they are approved for office, Industrial or commercial use If the appropriate office, Industrial, or RNB or whatever type of user came along and wanted to acquire all of them, we would sell all of them to him Designating them commercial does not preclude the potential combination for an office or Industrial use. Virtually all local codes Identify hotel as more of a commercial use than as an office or industrial use With respect to the traffic concern with the elimination of the requested commercial on Gateway the lots on Gateway that were previously identified as office now could be developed as office and industrial Virtually every transportation planner agrees that Industrial uses are less traffic intensive Our transportation engineer has submitted an analysIs to the Regional Planning Council confirming that even with all the commercial there is no increase In the potential trips generated by the project. With the elimination of commercial there certainly will not be an increase In addition, we already have mOnitoring provisions In place for Identifying the improvements at the intersection of 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Park Ridge and Gateway He would not suggest Imposing any new traffic requirements when clearly the purpose of the change IS simply to combine and make a little more flexIble the eXlstmg approved land uses wIthin Quantum Mayor Taylor opened the Public Heanng however no one wished to speak on this Item Ms Heyden said It IS true that those uses are less intensive than commercial however the Issue IS the "peak hour" She referred to comments 9 through 13 and stated that not all of them deal with commercial She would have to inform the Region that the applicant has amended his request and have them advise us as to how that affects the traffic study This can be done by the next Commission meeting Mr Willard said there IS ample Information available In the record He did not believe any more Input IS needed from the Region There are no objections from the DCA or the County Several of the Issues raised have nothing to do with this application With regard to the traffic calculations in general for Quantum Park, Vice Mayor Titcomb asked If there are caps or totals for the entire project at buildout. Ms Heyden stated that the master plan indicates a cap of square footage for each of the uses Comment 10 deals with the discrepancy between staff and the applicant as to what the maximum square footage IS for office There IS a discrepancy of 200000 square feet. Mr Willard addressed the four items In the letter dated April 16, 1997 from James Snyder of the Treasure Coast Regional Planning Council to Ms Heyden This letter was responded to by Kimley-Horn and Associates, Inc. on May 2, 1997 He referred to the pre-application meeting and another meeting between Mr Godfrey and the Region s Planning Transportation Consultant on the methodology of the analYSIS that was done for this application which was submitted and conclusively showed that there would not be an increase in overall trip generation Within the park as long as we stayed below the thresholds for the different land use categories that had already been approved So the fact that we were providing more flexibility by showing office or Industrial on some lots did not increase traffic because we had thresholds that we could not exceed for total square footage In each of those categories The only concern of the Regional Planning Council at the pre-application meeting and during the discussion of the traffic methodology was that since we want to expand commercial in all these different areas especially on Gateway, and even though we are capped With the number of acres and the number of square feet of commercial, the trip generation could come from different directions Therefore If we had a lot of commercial on Gateway 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20 1997 tripS generated from there would be traveling eastbound on Gateway Instead of up and down High Ridge Those elements were considered and our traffic consultant concluded and the Region s consultant agreed that the proposed Improvements that were agreed to by the Commission last fall at the corner of Gateway and Park Ridge would be adequate to address those Impacts They would be monitored as bUIlding permits were pulled for any of the lots up and down Park Ridge and High Ridge Notwithstanding that acceptable traffic study Mr Snyder generated a letter stating that the traffic study done last fall for the CarMax project assumed a total of 1 000 430 square feet of office versus the master plan which approved 1 687 000 square feet. While It IS true that the study that was done last fall may have understated office a couple of hundred thousand square feet, It overstated Industrial by a million square feet. The difference more than balanced out In a reduction In trips rather than an overstatement of tnps There are two things on this plan In addition to the caps on square footage and acres There IS a trip generation Total vested trips for the project shall remain 63 752 average dally trips That has been approved on numerous occasions and stays on the plan That number Will not change At that time, we were looking at a number of different development scenarios and trying to maximize the trip generation and did not exceed the vested amount of average daily trips under any of those scenarios Mr Willard also pOinted out that In his experience It is virtually inconceivable that QuarhL. ::>ark Will ever develop out at anything close to the maximum thresholds that are already vested on the master site development plan nor will it generate the kind of trrp generation that it is vested for because we are experiencing absorption of more acres at Industrial type thresholds When you take into account the high school property and the CarMax use, there is a lot of acreage being eaten up by uses that are either below what was originally forecast or approved He did not think we are gOing to see anywhere near the thresholds being addressed on the project. Ms Heyden could not comment on thiS until she receives adVIce from someone who has a traffic background CommiSSioner JaskieWICZ asked if Mr Willard has exceeded any plans for other than 47 acres for commercial Mr Willard advised that he has not. Mr Willard addressed the second Item which IS that the Region Planning Council wanted a cap of 400 hotel rooms In the proJect. The original application for development In 1984 contemplated in ItS traffic study two 200 room hotels However at 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 the public heanng last fall there was diScussion about the different caps on the density within the project. and we Included a converSion factor on commercial square footage whIch IS on the face of the eXisting approved plan When the Hampton Inn IS built. we will multIply the number of hotel rooms by 268 and deduct It from the permltable development of commercIal space within Quantum Park He did not see the need to arbltranly limit the hotels to 400 and he did not thInk this was a Regional Issue He advised that there IS a conversion feature that would address the deduction of commercial tripS and square footage If more hotels were bUilt. Ms Heyden agreed with Mr Willard that this condition exists She stated that there IS some protection so long as we know how to convert apples to oranges She said It IS up to the Commission whether or not they want to limit the number of hotel rooms In Quantum Park given the Impact on other hotels In the City From a traffic standpoint she felt the City IS protected Mr Willard addressed the next Issue, which was that the eXisting master plan identifies vested tripS in terms of average dally trips (63 752) The Region wanted it generated In terms of peak hour and in his letter, Mr Godfrey's stated that the dally trip generation was requested by the City due to the fact that Palm Beach County Traffic Standards monitor traffic on average daily trips not peak hour Average daily trips for different types of land uses IS easily convertible under the ratios and converSion features of the International Transportation Engineers That number can easily be obtained If necessary however, he did not request anything in this amendment that would change what was previously approved on the plan last fall If he needs to do any more traffic studies to look at peak hour trips, he can do that; however he does not need to change the DRI Mr Willard addressed the last issue, which was that Mr Snyder wanted annual monitoring of the intersection of Park Ridge and Gateway In light of the additional commercial uses that were beIng requested along Gateway Last fall, we agreed to prbvlde a triggering mechanism for the mOnitoring of Park Ridge and Gateway Every time a bUIlding permit IS pulled a traffic report would have to be submitted Identifying trrp generation and peak hour trips at that intersection When we hit certain thresholds we would have to make improvements to the Intersection This was adequate then and Mr Willard felt It is adequate now, especially In light of the fact that he IS withdrawing the request for commercial usage there Ms Heyden stated that the Issue is not average dally trips" The project is vested for a certaIn number of average daily trips It has been vested since 1985 However we 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 have had five NOPCs In three years that have changed the location of all of the uses Therefore now we need to be concerned about peak hour trips and the Impact on the IntersectIon of Gateway and High Ridge Last summer when we added the additional commercial we placed a condItIon In the DRI Development Order that dealt with peak hour/peak season When every permIt comes In they have to submit a study The problem IS that It has not been a true study We have been getting a letter indicating the number of peak hour trips and the total number of trips associated with that use However we cannot tell cumulatively what the affect is This is why the Region wants a check pOint once a year of the traffic situation gIven what has been approved Mr Willard stated that nothing In thIs particular application addresses the need for that Every time we submit a Notification of Proposed Change for a limited purpose, In thIs case to address the land use designation on the lots in Quantum, it turns Into open season fc~ the Regional Planning Council and Ms Heyden to propose conditions that do not have anything to do with the application but address something that they now feel needs to be addressed A complete traffic study was submitted last fall The triggerrng mechanism IS the trip generation The wording of paragraph 13 IS inapproprrate It states that annual mOnitoring of Gateway and Park RIdge shall be performed at the end of every year to determine when and what improvements are needed to maintain the intersection at the adopted level of service Mr Willard said this IS a vested DRI It has trip generation rights from 1984 that predate the adoption of concurrency We do not have to concern ourselves with concurrency with respect to Gateway other than last year when we voluntarily accepted the obligation to make Improvements to Park Ridge and Gateway because the CarMax project was going In and that was going to change the character of the trips being generated on that roadway Ms Heyden stated that the project is vested for average daily trips A project is vested so long as you do not make a modification When you make a modification you are subjecting yourself to new regulations We had a methodology that was In place in 1985 and a methodology that is In place in 1997 and they are not the same So there IS a difference between two traffic engineers not agreeing with the methodology because they have to make it up as they go along Mr Willard pointed out that the Department of Community Affairs is the only state agency that has appellate rights to the Commission's action this evening The DCA has Issued a letter stating that none of the issues raised in the original application which included all the commercial, is of regional concern to them and they do not intend to appeal 26 -~- ~-~-~-----~~-- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Mayor Taylor asked If we could require a traffic study when the next project comes In Ms Heyden answered affirmatively and recommended that the City hire a traffic consultant to review that study at the expense of the applicant. With regard to Lots 66 67A and 67C Mayor Taylor did not want to approve any more commercial until he knows what It IS He pOinted out that thiS IS an Industnal park Mr Willard had no objection to submitting a traffic study when the next project comes In If It IS a project that is Inconsistent With the land uses approved Motion CommISSioner Bradley moved to approve the request to amend the previously approved PID master plan In connection With an amendment to the DRI subject to staff comments including the Planning and Development Board comments, including Comment 17 deleting commercial and retaining hotel office and industrial use on Lots 66 67A and 67C commercial designation on Lot 1 to allow for a restaurant, and accepting Items 32, 34 35 and 36 Mayor Taylor asked if Item 32 Included all of the commercial lots Mr Willard said no- it has been amended to delete 66, 67 A and 67C which will stay office/industrial/hotel Ms heyden asked for a clarification about the traffic study Commissioner Bradley included in his motion that the applicant pay for a traffic study when a project comes In on a parcel that in any way is different from the uses approved tonight. Ms Heyden pointed out that a traffic study is going to be automatically reqUired with any future DRI amendment. It does not address any potential concerns with thiS application once these lots are developed as proposed There are other lot options as part of this application besides commercial Mr Willard stated that virtually everything had previously been approved for office Most of the changes pertained to adding Industrial as potential additional uses such as the BGJ lots which had been designated office and were changed to industrial which created a far lower trip generation Commissioner Jaskiewicz seconded the motion 27 -- -----~ --~-~~~ ~....... .....----..-........- -,..~ .-.. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Attorney Goren stated that this IS a master motion With several subparts and the approval of the main motion would approve each of the subparts as proVided by CommIssioner Bradley The motion carned 5-0 VIII BIDS None IX DEVELOPMENT PLANS A Project: Agent: Owner. Description Tara Oaks Susan Prillaman Pulte Home Corporation Tara Oaks Development Corporation, Bill Winchester PreSIdent Northeast corner of Woolbright Road and Knuth Road extended Time ExtenSion - Request for a one year site plan time extension to expire February 18, 1998 Location Mayor Taylor advised that staff recommended approval of this time extension, and by a 4 to 3 vote the Planning and Development Board also recommended approval Kieran Kilday represented the contract purchaser He had no problems with the comments In Exhibit 0 Ms Heyden recommended that the City Commission delete comments 5 and 6 and approve comment 11 which best protects the City to ensure that the back fees and this year s fees are paid Mr Kilday had no problem with this He intended to pay both fees Motion CommISSIoner JaskieWICZ moved to approve a one year site plan time extension to expire February 18, 1998 taking into conSideration all staff comments, substituting comment 11 as stated by Ms Heyden to replace comments 5 and 6 Vice Mayor Titcomb seconded the motion, which carried 5-0 28 FORM RPM-BSP-PROPCHANGE-1 mr m@ rn 0 W ~lffl! i' ! ,I!! LJ~ i 1 3/lfJ /97 ; !:!,,' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 QUANTUM PARK NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES APPROVED Subsection 380 06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form 1 I, JAMES G WILLARD, the undersigned authorized representative of QUANTUM ASSOCIATES, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380 06(19), Florida Statutes In support thereof, I submit the following information concerning the QUANTUM CORPORATE PARK (formerly known as Boynton Beach Park of Commerce) development, which information is true and correct to the best of my knowledge I have submitted today, under separate cover, copies of this completed notification to City of Boynton Beach, to the Treasure Coast Regional Planning Council, and to the Bureau of ~ (7,11f17 (Date) I State Planning, Department 2 Applicant (name, address, phone) Quantum Associates, a Florida general partnership Attn Arthur Felsher National City Center 15th Floor, East Tower 115 West Washington Street Indianapolis, Indiana 46204 317/263-7035 (Office) 317/263-7303 (Fax) 3 Authorized Agent (name, address, phone). James G Willard, Esquire Shutts & Bowen 20 North Orange Avenue, Suite 1000 Orlando, Florida 32801 407/423-3200 (Office) 407/425-8316 (Fax) 4 Location (City, County, Township/Range/Section) of approved DRI and proposed change The Quantum Corporate Park DRI is located in Sections 17 and 20, Township 45 South, Range 43 East, Palm Beach County, Florida 5 Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. -2- Applicant proposes the following changes to the Development Order A Adoption of Master Site Development Plan Amendment No 8, attached hereto as Exhibit "A" This Amendment accomplishes two objectives First, it simplifies the land use designations on lots within Quantum Park by reducing the number of categories of approved uses For example, we propose eliminating separate designations for "Club" and "Hotel" use These would be permitted uses within the more generic "Commercial" designation Similarly, we propose eliminating the term "Research and Development" which would now be a permitted use under the broader designation of "Industrial" The second objective is to increase marketing flexibility for the remaining unsold lots by providing multiple land use designations on the lots which are appropriate for such potential land uses Although many lots would now carry multiple use designations, the overall intensity of development within each category would still be subject to the originally approved maximum levels Because of the wholly developed infrastructure of the project, i e all land is platted with completed roads, drainage and utility infrastructure, applicant contends there is no adverse impact from the potential relocation of land uses within the project As a result of the pre- application meeting with the City of Boynton Beach and Treasure Coast Regional Planning Council, the applicant was directed to focus on transportation impacts In accordance with the analysis performed by the applicant's transportation consultant, Kimley-Horn and Associates, attached hereto as Exhibit "B", it is submitted that no adverse traffic impacts would result from the proposed change B Provide for the potential redevelopment of Lots 22 through 31 and 6 through 11 (located in the northwest portion of the project) in conjunction with the abandonment of Quantum Boulevard contiguous to said lots Marketing efforts over the last twelve years have confirmed that there is little, if any, interest in the -3- Second Amendment to Development Order October 21, 1986 Third Amendment to Development Order February 2, 1988 Fourth Amendment to Development Order April 19, 1994 Fifth Amendment to Development Order November 15, 1994 Sixth Amendment to Development Order July 16, 1996 Seventh Amendment to Development Order December 17, 1996 The purpose of each amendment was to change the Master Site Development Plan to achieve more flexible land use approval There has been no change in local government jurisdiction for any portion of the development 8 Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order Identify such land, its size, intended use, and adjacent non-project land uses within ~ mile on a project master site plan or other map No additional lands were purchased or optioned since the approval of the initial Development Order 9 Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19) (b), Florida Statutes. Because the proposed change does not seek to add any development intensity to the DRI, Applicant contends that the -5- proposed change is therefore less than 40% of any of the criteria listed in paragraph 380 06(19) (b), Florida Statutes Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380 06(19) (e)2., F S. YES x NO 10 Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. The proposed change does not result in a change to the buildout date or any phasing date of the Project 11 Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require an amendment to the local government comprehensive plan 12 An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions The proposed Amended Master Site Development Plan is attached hereto as Exhibit "An 13 Pursuant to Subsection 380.06(1) (f), F.A , include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a All proposed specific changes to the nature, phasing, and build-out date of the development; to development order -6- representations in the Application for Development Approval, to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts, to structures or to other improvements including locations, square footage, number of units, and other major characteristics or components of the proposed change, b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development, c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable, d. A proposed amended development order termination date that reasonably reflects the time required to complete the development, e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable, and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), P.A.C. The proposed Amended Development Order is attached hereto as Exhibit .C. -7- "J' ~... '1- I ~/' I 7'J fit I "r I , .- lrF o I, EXI/IBIT B ~ I., Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD POBOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 375-6259 PLANNING AND ZONING DIVISION 6u,'lTf ~'f-,f;-~ 575- (prz.,Co'l- to: !If:AIj)p-/ t..-- iJrM f-l6D A-/;f , fax #" (Q5'l/) L}/O-~ 0021- date: I / 2 Y / q (7 I I from. PLANNING AND ZONING re: De-t (, u../At./ PA-,!) t?A--kf- /-bU\~ - W4J./ilJIV'- PI4-fl--k- '0 0 ) Osf- Af'f(L{)vPrL{2E-QU0)T {PTrG-YJ-. I+A- Y Qu~ TJONS p(f:"+'~C;: at-a > ('SfE:- )\-mldtft> ,9t(l1 pLf- f; f'84;. 111f D USf( /; S T ) pages. 5" , including cover sheet. ~ AuGuST" '3 (S()~~11IY1-L ') ( Tj2..6 ) ( f~ 0 ) ( (o~~(c5 ) !tvbuS-r /( S6pJ ~ S8fr /5 CONCviltlL{tVl w I ~ [ It fLI1u ~ - L [-TIf'iL g(tSf'D CJvI r6(l.futfVlfTJJcf: S T\4iJUlW-OS C It 'L C;fG <-[ fttp... tJ 0 F- TltG' L- b p-- - ~ () (3 (V, \ 'T\"A-L- Pet- tt 1__f5o EE- 7Z> .TItt- C/7l-{ ~ SOt6fV\li lD gLt>L:r Wf'T Planning and Zoning DiVision Gty of Boynton Beach Boynton Beach, Rorida 33425 375-6260 Fax: 375-6259 .,,--n ~_f .~ Kimley-Horn and Associates, Inc. ~r;;::-______. __ , is -,~ Ii D 1 ~ ~;1 n'fl' .D .:: il '~f- nl I., I I! I 11.. ..; ~ - ~.3 i J May 28, 1998 047222 02 --- , i .~. ~D i .1> ,cor . ~. I .-- ---",~..... . Suite 400 601 21 sl Street Vera Beach, Florida 32960 Mr Michael Rumpf Actmg Plannmg and Zomng Director City of Boynton Beach 100 E Boynton Beach Boulevard Boynton Beach, FL 33435 RE. Extended Stay Amenca Use Approval Development of StudIO SUItes Dear Mr Rumpf Please accept thiS letter as our formal request for a use approval to develop 104 StudIO SUItes on Lot 39 of Quantum Corporate Park PID at the southwest comer of Gateway Boulevard and Park Ridge Road m Boynton Beach, Flonda. The subject parcel, Lot 39, IS currently deSignated for office use, and It IS our mtent to apply for a Notice of Proposed Change to the Quantum Park Development of RegIOnal Impact. The purpose of the use approval apphcatIOn IS to allow a use not currently defined m the City of Boynton Beach code. The proposed facihty IS not a standard hotel or apartment faclhty, but consists of a 305 square foot StudIO SUIte WIth a small kitchenette, deSIgned to proVide extended stay accommodatIons for workmg profeSSIOnals on typically two to four week arrangements outSide their home office locatIOn. Because thiS use IS not currently defined m the Boynton Beach code, we understand that the denSity hmltatIOn of 20 umts per acre does not apply to the proposed use and further request to be allowed a denSity of:t 33 um ts per acre Extended Stay Amenca. Inc and all present and future tenants wlthm thiS facihty Will comply WIth all of the CIty'S performance standards They are mdlvIdually addressed as follows .1 TEL 561 562 7981 FAX 561 562 9699 ~=n Mr Michael Ru....,t~ May 28, 1998, Page 2 Kimley-Horn and Associates, Inc. NOIse No sound wIll be created whIch IS m vlOlatlon of sectlOn 15-8 of the CIty of Boynton Beach Code of Ordmances. 2 Vibratlon. No ground vibratlOns will be generated by the proposed uses. 3 Smoke dust or other partlcular matter No emISSlOn of smoke, dust, dIrt or other partIcular matter will be created. The proposed uses will not allow the emISSlOn of any substances m vlOlatlOn of any federal, state, county or CIty laws or permIts govemmg the emISSlOn of such substances. 4 Odors and fumes. No obJectlOnable or offenSIve odors WIll be readily perceptible at any pomt beyond the mdustnal dIstnct. 5 TOXIC or noxlOUS matter The proposed use WIll not allow any tOXIC or noxlOUS matter to be dIscharged m such concentratlOns as to cause damage to property or vegetatIon dIscomfort or harm to persons or ammals, or prevent the reasonable use an enjoyment of property or nghts-of-way at or beyond the property lme or to contammate any pubhc waters or any groundwater 6 FIre and ExploslOn. The proposed uses WIll not create a fire or exploslOn hazard. 7 Heat, HumIdIty or Glare' The proposed uses WIll not produce heat, humIdIty or glare whIch IS readily perceptible past the property boundary The hghtmg wIll conform to the CIty of Boynton Beach's standards. 8 LIqUId Waste Any dISpOSItIon ofhqUId waste WIll be m conformance WIth the proVISIons of Chapter 26 of the Boynton Beach Code of Ordmances of any apphcable federal, state or county laws or permIts. 9 Sohd Waste Any accumulatlOn or dIsposal of sohd waste WIll be m conformance WIth Chapter 10 of the City of Boynton Beach Code or Ordmances and WIll not be transferred to adjacent or nearby property or nghts-of-way 10 ElectromagnetIc Interference No electromagnetIC radIatlOn or mterference will be created. 11 Hazardous Matenals and Hazardous Waste No hazardous matenals or hazardous waste wIll be created, stored or handled WIth the proposed use ~=n Mr Michael RI.l...pf, May 28, 1998, Page 3 Kimley-Horn and Associates, Inc. ThIS letter shall replace the prevIous letter transmItted on May 18, 1998 and accompany the check m the amount of $250 00 for use approval reVIew fee. I trust thIS mformatIOn IS acceptable for consIderatIOn of the use approval. As always, please do not hesItate to call me at 561/562-7981 should you have any questIOns. Smcerely, Roscoe L. Biby, P,E. VIce PreSIdent Enclosure cc Tom Rodnguez DaVId Mullms [G :.04722202' WPTOO RESP\R U :-'IPF03 .DOClkjs PLANNING AND ZONING DEPARTMENT MEM~NDUM DATE. July 9, 1998 RE Quantum Park of Commerce PID - Permitted Uses (Update of Previous Memorandum dated January 12, 1989, June 22, 1990, and October 16, 1992 and correction of error on Memorandum dated August 5, 1992) The following uses have been approved to date by the Planning and Development Board at the Quantum Park of Commerce Planned Industrial Development: A. CLUB ./ Professional and Business Offices v" Nursery Schools and Day Care Centers 1 B. COMMERCIAL ./ Professional and Business Offices ., Nursery Schools and Day Care Centers 1 ./ Used and New Car Sales (CARMAX) C OFFICE ./ Professional and Business Offices ., Nursery Schools and Day Care Centers 1 D INDUSTRIAL ., Solvent Distribution Facilitl ./ Warehouse, Distribution, Wholesale ./ Electronics Manufacturing ./ Research and Development Laboratories ./ FP&L Substation (utility facilities) ./ Research, Development, & Manufacturing of Spray Dispensing Systems and Chemical Specialty liquid Products (Packaging Concepts) ./ Cosmetics and Perfume Manufacturing (BGI) ./ Manufacturing, Fabrication, and Assembly of Furniture E. RESEARCH AND DEVELOPMENT INDUSTRIAL ./ Motor Vehicle Emissions Testing Facilities F GOVERNMENT AUINSTITUTIONAL ./ Public High School ./ Fraternal Order of Police Clubhouse ./ Tri-County Railroad Station, Park & Ride G HOTEL ./ Studio Suites In addition to the uses listed above which specifically require an environmental review permit, any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous wastes, as defined by 40 Code of Federal Regulations, Part 261, shall also require an environmental review permit in accordance with Section 11 3 of Appendix A, Zoning 1 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning) 2 Requires Environmental Review (See Section 11 3 of Appendix A, Zoning) MWRlmae S:\Sh rdata\Planning\Sha red\Wp\Projects\Quantum\Usap\QUANTUM PARK PI 0 .doc ARCHrrECIURE/PLAKNING,INC. AA-0002894 July 6, 1998 ENGINEER'S CERTIFICATION ORIGINAL PANCAKE HOUSE RESTAURANT In accordance WIth the CIty of Boynton Beach's prelimmary engmeenng subrruttal requIrements. Tills letter IS to certIfy that the draInage for thIS SIte will conform WIth all applicable rules, regulatIons and codes, mcludmg but not limIted to Chapter 6, ArtIcle IV, SectIOn 5 of the City of Boynton Beach Land Development regulatIOns. / ~-t ~.! .~. ~ - ,! / ./:;.;__._ it. Marwan H. Mu eh, P.E P.E No 45329 MHM ophcertL "]>d 1300 East Hillsboro Blvd #203 A Deerfield Beach Florida 33441 954/418 0606 f 954/418 0022 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA - /~'- v. r " .:; :;t i - .1 / ~ -Ar'f~ ~ 8/'7 APPLICANT Quantum Associates APPLICANT'S AGENT James G. Willard, ESQ, HEARING BEFORE CITY COMMISSION May 20, 1997 TYPE OF RELIEF SOUGHT Request for Master Plan Amendment - Malor Plan Modification LOCATION OF PROPERTY the West Side of 1-95 between Miner Road extended and the Boynton (C-16) Canal DRAWING(S) SEE EXHIBIT "A" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flonda on the date of heanng stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant In a manner consistent with the requirements of the City's Land Development Regulations 2 The Applicant // HAS HAS NOT established by substantial competent evidence a basis for the relief requested 3 The Applicant's application for relief IS hereby .!.. GRANTED subject to the conditions marked as "Include" in Exhibit "F" hereto DENIED 4 This Order shall take effect immediately upon issuance by the City Clerk. 5 All further development on the property shall be made in accordance with the terms and condItIons of thIs order 6 Other' DATED May 20, 1997 ~k~a,-~ Crt Clerk \ \i 'PI/III ,., N II/zz ~\\... 8r-. /z '"".~ ~"f ~ ~' ~\.;. oR-A. -rE:o (I ~ ,,~ ~ -;:; ~u.. 0 :: =: 0 ~ .:: =..,.. - n() ; := ~ .,.... 4. (\\v... ~ ~ --:""'\... ,~ ..- ~ ~ "'""'... ..^s ~ ......... d ," ~ ~ F\.O~ ~ ;f/II. ~,,, ~JJIIII/lI"'\\\\\'\ 5 wplDeptslPlannlnglQuantum Pari< De. DRIer -~-----------~--~------_. I ~ , . \- L I I ( City AtlOr!J.ey~ . \.- / ~. /--/.."'.. / / ( :... Leo ____ -(. -- /"'''-... r;;/~/ / . , ~ . .~ =- --= oS, .. .}. - - ~ ----- ., ~ "I ORDINANCE NO 097- 20 AN 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 ORDINANCES NOS 86- 11 86-37 88-3 94-10 94-51 96-33 AND 96-65 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006 FLORIDA STATUTES 1996 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 86-37 88-3 94-10 94- 51 96-33 AND 96-65) 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 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 Page 1 of 6 ~ -~---_.~ --~------------------~--- --- 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 Ordinance No 86-37 Ordinance No 88-3 Ordinance No 94-10 Ordinance No 94- 51 Ordinance No 96-33 and Ordinance No 96-65 and WHEREAS the term Development Order includes all amendments thereto and WHEREAS Developer is the current owner and developer of the remaining vacant land within the Property (commonly known as the Quantum Corporate Park at Boynton Beach Development of Regional Impact, or the Quantum Park DRI) and WHEREAS Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC ) requesting a further amendment to the Development Order for the purpose of revIsing the Master Site Development Plan as follows Change in the master plan designation of lots 6 7 8 9 10 11 2 15 16 17 18 19 21 39 40A, 52 83 84 and 85 from office to office/industrial use change in the master plan designation of lot 1 from office/hotel use to office/industrial/commercial use change in the master plan designatIon of lots 12 13 and 14 from office/research and development to officelindustrial use change in the master plan designation of lots 76, 81 and 82 from industrial/commercial to office/industrial/ commercial use, change in the master plan designation of lot 40 from office/government and institutional to government and institutional use change in the master plan designation of lots 58 59 60 61 and 62 from industrial/research and development to office/industrial use change in the master plan designation of lots 86 87 88 89A, 89B and 90B from research and development to office/industrial use change in the master plan designation of lots 65A, 65B 678 and 91 from office/hotel/commercial to office/industrial/commercial use change in the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use Page 2 of 6 change in the master plan designation of lot 90A from research and development to government and institutional use change In the master plan designation of lots 68A and 68B from research and development to office/industrial use change in the master plan designation of lots 46A, 48A, 48B 48C 50A, 50B 51 B 51 D 56 57 69 70 72 73A, 73B 74 and 75 from industnal to office/industrial use change in the master plan designation of lots 77 78 79 and 80 from Industrial/commercial to commercial use and change in the master plan deSignation of lots 66 67 A and 67C from office/hotel use to office/hotel/industrial use (see Exhibit B" - Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park, dated May 20 1997) 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 impact pursuant to Chapter 380 06 Florida Statutes (1996) and WHEREAS said City Commission has considered the testimony reports and other documentary evidence submitted at said public hearing by Developer the City staff and the public, and the City Planning and Development Board's recommendations of the 13th day of May, 1997 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 5th day of May 1997 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 publication has been duly filed. Page 3 of 6 --~~----~--- --~ ------ ---- Section 2 The Development Order shall be amended to Include the following provisions 1 Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park dated May 20 1997 is hereby approved subject to the following conditions a) A traffic study shall be submitted with any future application requesting a change in the use designatIon of any lot. The City shall hIre at the applicant's expense an independent traffic consultant to review the traffic study b) Any upgrades required to the water and sewer systems within the PID due to the intensification of land use proposed with this application must be performed at the applicant's expense Section 3 Upon consideration of all matters described in Section 380 06 Florida Statutes (1996) it is hereby determined that A The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. S The amendments proposed by Developer are consistent with the local comprehensive plan and local land development regulations subject to the conditions outlined above C The amendments proposed by Developer 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 Developer do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380 06 Florida Statutes (1996) 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 06 Florida Statutes (1996) that Developer 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 5 Except as otherwise amended herein the Development Order shall remain in full force and effect. Section 6 All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7 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 8 Authority is hereby granted to codify said ordinance Section 9 This ordinance shall become effective immediately upon passage FIRST READING this d10 day of ~v ,1997 Page 5 of 6 SECOND READING and FINAL PASSAGE this ..3 day of - \.../ aA/.!f ,1997 CITY OF BOYNTON BEACH FLORIDA / / / / ! r ----~ MAYOR L-/~~ Vice MAYOR / \- / COMM SIONE~ U-A COMMISSIONER / ATTEST \\-\.-:- rt~ -- COMMISSIONER ~ C~ ~=~A:~~~ ~\\\\"m"""11. (Co#~~~~ ~ O~ ~~OA~J:. ~ ~ ~ .'<:,,0 ~~~~ .:- .\- l~ 0.. 0 :: \ ~ .~'- 1920):J: J ~ ...;: ~ ...... t- ~ ~ fi:LOI!ll\Q ~ ~I: ~ ~\\... ~II""'III'"\\\''' EXHIBITS "A" - Legal Description "B" - Amended Master Site Development Plan S \Planning\SHARED\WP\PROJECTS\QUANTUM\ORDINANC\DRI 1997doc.doc Page 6 of 6 EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION A 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 corner of said Section 17, thence North 1 E44 '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 0 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 1 E44'39" East, a distance of 124706 teet to the South right of way line of L WOO Lateral 21, thence North 89E08'49" East along the South right of way line L.W 0 0 Lateral 21, as recorded in OR Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 63593 feet to the centerline of the L.W 0 0 EqualiZing Canal E-4, as recorded in 0 R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline 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 5329 feet, thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'OO" East, a distance of 32069 feet to a point of curve, thence with a curve to the left having a radius of 650000, 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 89E 16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" 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 0 R Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19E27'31" East, a distance of 5000 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of North 75E29'49" East, a radius of 163702 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 91572 feet; thence North OE31'11" 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 134970 feet to a point on the West right of way line of the Seaboard Coastline Railroad, thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 130909 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 OE33'53" East, a distance of 1306 69 feet; thence South 88E45'31" East, a distance of 33351 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 right of way of the railroad, a distance of 1312 49 feet; thence South OE33'53" East, a distance of 2669 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 OE49'21" West, a distance of 200 00 feet; thence North 88E50'04" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 40 00 feet; thence South OE49'21" 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 98860 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 81785 feet more or less to the Point of Beginnmg Containing 591 55 acres more or less and subject to easements and rights of way of record S \PROJECTS\QUANTUM\OVERALL BOUNDARY LEGAL DESC -1 e crJ~ ~Io j - ) Ij i I I~ I I '1"\~ I 1- I l.nl~:Ji 1 ! I II ; I! = I Ii Ii f"1 I~ 1 i- I i~- - I' ~ ~ J ~- ~Inl~ !I . ~I , \ '- I RMSED IlASnR I'UN .1lENDaI[NT NO. , WAY 20. 11.7 .... .oM! .r- ...-. ii iiL- 1/ '( ='1 I il '! 'I 'I ni ! L...... r-.- "-. 'I ........--.. ..--... -...---.----- ___._v--. --.,.. -=-..=.""'-==.-.... - -- .. ~-=-.J.: l.~"=-"='..-=-.-. -. -! .2':EiC-",=--=-.. 5i-.n....:'..::=~-=-==-- ..... ----_......,_......,.. 0- MASTER SITE DEVELOPMENT PLAN KEY PLAN LEGEND ;,.. i -- CIMI C_____l US)..... .. f........) 10_11 .... o *. (~~) 50.._. o C..... .2..... CI (DMIe"...... ISO.7J "". CIC (...~~) nlt__ -,--> ...- -- '-CD ..... ... ..... ..... 40 GO .... ~ ".u Acrw G'DI .M:I ".7 ..... := ==:j Q QUANTUIl ASSOCIATES Notional CI C.nt.r 1 '5 W..' ~o.hlnllton 51. IndlonopoU.. IN 48204 (3'7) 636-'600 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 next year they will go In front of the properties That Will be done regardless of whether or not this alley IS abandoned Motion Commissioner Jaskiewicz moved to approve the abandonment of a 15 foot Wide unimproved alley In the Bowers Park Subdivision Blocks 10 11 and 12 Vice Mayor Titcomb seconded the motion which carried 5-0 Description Quantum Park pro James G Willard and Bowen LLP Quantum Associates West Side of the intersection of Interstate 95 and Gateway Boulevard Master Plan Modification - Request to amend the previously approved PID master plan in connectIon with an amendment to the DRI as follows C Project: Agent: Owner' Location Change In traffic distribution due to possible future severing of Quantum Boulevard between lots 22 and 31 and lots 6 through 11, and change In the master plan designation of lots 6,7,8,9,10 11,22,23 24 25,26,27,28,29,30,31,1,2,15, 16 and 40A from office to office/industrial use, of lots 1, 66 67 A and 67e from office/hotel use to office/industrial/commercial use, of lots 12, 13 and 14 from office/research and development to office use lots 32, 33, 34A, 348, 35, 36, 37 and 38 from office/industrial to industrial use, of lots 17 18,19 21 39, 52, 81, 82, 83, 84 and 85 from office to office/industrial/commercial use, of lot 40 from office/government and institutional to government and institutional use, change in the master plan designation of lots 58, 59, 60, 61 and 62 from industrial/research and development to office/industrial use, change in the master plan designation of lots 86, 87, 88, 89A, 89B and 90B from research and development to office/industrial use change in the master plan designation of lots 65A 18 --- --------- ~-~-_._----_.~----- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 658 67E and 91 from office/hotel/commercial to office/industnal/commercial use change In the master plan designatIon of lots 63 and 64 from office/commercIal to office/industrial/commercIal use change In the master plan deSignation of lot 90A from research and development to government and Institutional use change in the master plan designation of lots 68A and 688 from research and development to office/industrial/commercial use change In the master plan designation of lots 56 57 69 70 72 73A 738 74 and 75 from industrial to offiee/industrial/commerclal use, change In the master plan designation of lots 46A, 48A, 488 48C 50A 508, 518 and 51 D from industrial to office/industrial use change in the master plan designatIon of lots 76 77 78 and 79 from industrial/commercial to commercial use, and change in the master plan deSignation of lot 80 from office to commercial use Mr Willard attorney for Quantum Associates the applicant of this master plan modification request, stated that this matter went before the Planning and Development Board last Tuesday As a result of continued concerns by City staff and some of the Commissioners regarding the precedent that would be set if additional lots were designated for commercial use within Quantum, beyond the lots that were approved as commercial when the CarMax project was approved last fall, he withdrew his request to expand the commercial designation other than for the three lots that were previously approved for hotel use One of the efforts of this proposed amendment was to simplify the number of designations on the land use plan and combine all of them into office/industriaVcommercial The reference to "C" for commercial would include hotel and restaurant use The only additional lots he is seeking this evening per the amended request are the three which would have the commercial designation and were previously identified as office and hotel use As discussed last fall, he hoped the Commission would consider the expansion of commercial usage elsewhere in Quantum Park upon identifying the specific user the type of use what the building would look like and how the site plan would be laid out. 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Mr Willard dlstnbuted the proposed reviewed conditions that he was seeking from the Commission this evening a copy of which IS attached to the onglnal minutes on file In the City Clerk s Office He advised that one other item that was Involved with this application was the potential for consideration of the abandonment of a portion of Quantum Boulevard between the E-4 Canal and the City park in the northwest area of Quantum Park The application sought approval of that potential abandonment as a non Regional Issue which could receIve DRI approval tonight. but which would still have to come back to the City Commission In the future time In the event a particular user was identified We would have to have a road abandonment application and probably replat the property Mr Willard stated that there has not been success with marketing the office slots They are very narrow and there is no demand for office usage If we had another user like BGI that wanted a consolidation of a 20 acre area and thiS road was abandoned we would have the opportunity to reconfigure about 23 or 24 acres In thIS area for a Single user Quantum Boulevard would then have access to that property and that user would have access in both directions Any existing utilities would be relocated Mr Willard would like the Commission to be open-minded to this potential In the future If that occurs he would request another change to the DRI and at the same time Identify the user Commissioner Bradley referred to staffs comments regarding the City park and some of the access problems Mr Willard thinks there was a mistake at one pOint about where we were considering potential abandonment of that road It will only be in the area between the lots currently owned by Quantum Access would still exist to the City park from Quantum Boulevard With regard to the abandonment of the alley he understands where the right-of-way goes There are some existing utilities in that road ri~ht now They would have to be relocated If we have an opportunity to replan thiS area especially for a particular user we can site plan around that. He would consider reconfiguring or dealing with Lot 31 which juts out into the City park and currently provides a substantial obstacle in site planning the ball fields Vice Mayor Titcomb asked if it is conceivable as an alternative to outright abandonment, that that road be rerouted along one of the perimeters, either the western or eastern edge of all those lots combined Mr Willard did not think so He said the roadway is 60 or 75 feet in width The reason for the ab~ndonment would be to gain as much width as possible between the canal and the lake in order to create a larger area to site plan To continue to have the road along the canal or along the inside would defeat the purpose of the reconfiguration and make it a different plannrng prospect 20 MINUTES 'REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Vice Mayor Titcomb pOinted out that a user would not necessarily have parking or pavement that would go around the eastern and western sIdes of their building If they combined all those lots Mr Willard said not necessarily but even If they did It would more likely be a parking lot or storage area and not SUitable for through traffic for public purposes Mr Willard referred to the handout that he distributed and stated that paragraph numbers 32 through 36 are intended to be In order of the conditions of approval on Exhibit F to the Planning and Development Board recommendations These are the additional City Commission comments Paragraph 32 has the effect of deleting the requested commercial designation on all the lots other than the three that he mentioned earlier plus Lot 1 which is the lot that Boynton Hospitality wants to put a Hampton Hotel and restaurant on Paragraph 33 would delete condition 20 of Exhibit F which was a condition relating to transportation That would not apply if Lots 83 84 and 85 were not commercial There would not be a redistribution of any commercial traffic and the need to mOnitor that intersection beyond the monitoring that is already in the development order agreed to last fall With regard to paragraph number 34 he stated that note number 5 relates to the future abandonment of Quantum Boulevard We do not have to address that this evening since we are withdrawing it. When we have a particular user, we could bring that back to the Commission's attention Paragraph 35 reters to note 2 on the master plan This note provides certain limitations on different land use intensity for the property (industrial/commercial/office) and under commercial it says, "commercial, including hotel and club" The reference to "club" has been deleted This was a carryover from the 1984 master plan Paragraph 36 suggests that if the Commission sees fit to approve what is now being requested as amended, he will come back and revise the master site plan to be oonsistent with these designations and then a revised ordinance can be prepared incorporating the May 20th plan as approved by the Commission Tambrl Heyden, Director ot Plannrng and ZOning, said Mr Willard has deleted the request to pre-abandon" that section of Gateway Boulevard and also added the option of industrial along the lots that abut Dos Lagos She pointed out that the handout does not Includes comments 9 through 13 which deal with traffic She said Mr Willard 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Indicated that since he IS deleting many of the commercIal lots that he originally proposed those traffic comments are not necessary She has not had an opportunity to discuss this with Palm Beach County Traffic Engineering or Treasure Coast to find out If that IS In fact the case Because there are lots along Gateway Boulevard that are adding an option to them either industrial or office and knowing that the intersection at Gateway and High Ridge was the problem Intersection and that the issue was not total tnps per day but peak hour she believes there is a potential that there may stili be a traffic concern with the additional designation With respect to Lots 66 67 A and 67C the five lots along Gateway Boulevard on the south side that are between Park Ridge and Quantum Lakes Drive are already designated for commercial Ms Heyden saId Mr Willard is proposing that the three lots immediately south of there that are clustered around the cul-de-sac that stems off of Park Ridge Boulevard be retained as commercial She would not recommend this because there is an opportunity for the City to market this piece of property for consolidation to an industrial user There is only one opportunity left in the park to consolidate land, namely, the lots that back up to Dos Lagos Since it is adjacent to residential, she believes those land uses are incompatible If we allow commercIal on them now because of the prime location at that intersection, it will go as commercial very quickly She had no problem with conditions 33 34 35 and 36 as proposed Mr Willard stated that it is true that this is a potential area of a combination of lots however five of these lots are already designated commercial He would like the three lots that were previously approved for a hotel to have a commercial designation instead of a hotel designation By labeling them OIC, they are approved for office, industrial or commercial use If the appropriate office, industrial, or RNB or whatever type of user came along and wanted to acquire all of them, we would sell all of them to him DeSignating them commercial does not preclude the potential combination for an office or industrial use. Virtually all local codes identify hotel as more of a commercial use than as an office or industrial use With respect to the traffic concern with the elimination of the requested commercial on Gateway, the lots on Gateway that were previously identified as office now could be developed as office and industrial Virtually every transportation planner agrees that industrial uses are less traffic intensive Our transportation engineer has submitted an analysis to the Regional Planning Council confirming that even with all the commercial there is no increase in the potential trips generated by the project. With the elimination of commercial, there certainly will not be an increase In addition we already have m"()nitoring provisions in place for identifying the improvements at the intersection of 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Park Ridge and Gateway He would not suggest imposing any new traffic requIrements when clearly the purpose of the change IS simply to combine and make a I,ttle more flexible the eXisting approved land uses within Quantum Mayor Taylor opened the Public Hearing however no one wished to speak on this ltem Ms Heyden said it is true that those uses are less Intensive than commercial however the Issue IS the "peak hour" She referred to comments 9 through 13 and stated that not all of them deal with commercial She would have to inform the Region that the applicant has amended his request and have them advise us as to how that affects the traffic study This can be done by the. next Commission meeting Mr Willard said there IS ample Information available in the record He did not believe any more input is needed from the Region There are no objections from the DCA or the County Several of the issues raised have nothing to do with this application With regard to the traffic calculations In general for Quantum Park, Vice Mayor Titcomb asked if there are caps or totals for the entire project at buildout. Ms Heyden stated that the master plan indicates a cap of square footage for each of the uses Comment 10 deals with the discrepancy between staff and the applicant as to what the maximum square footage is for office There is a discrepancy of 200,000 square feet. Mr Willard addressed the four items in the letter dated April 16, 1997 from James Snyder of the Treasure Coast Regional Planning Council to Ms Heyden This letter was responded to by Kimley-Horn and Associates, Inc on May 2, 1997 He referred to the pre-application meeting and another meeting between Mr Godfrey and the Region s Planning Transportation Consultant on the methodology of the analysis that was done for this application which was submitted and conclusively showed that there would not be an increase in overall trip generation within the park as long as we stayed below the thresholds for the different land use categories that had already been approved So the fact that we were providing more flexibility by showing office or industrial on some lots did not increase traffic because we had thresholds that we could not exceed for total square footage in each of those categories The only concern of the Regional Planning Council at the pre-application meeting and during the discussion of the traffic methodology was that since we want to expand commercial in all these different areas, especially on Gateway and even though we are capped with the number of acres and the number of square feet of commercial, the trip generation could come from different directions Therefore. If we had a lot of commercial on Gateway 23 I \ MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 tripS generated from there would be traveling eastbound on Gateway Instead of up and down High Ridge Those elements were considered and our traffic consultant concluded and the Region s consultant agreed that the proposed Improvements that were agreed to by the Commission last fall at the corner of Gateway and Park Ridge would be adequate to address those Impacts They would be mOnitored as bUilding permits were pulled for any of the lots up and down Park Ridge and High Ridge Notwithstanding that acceptable traffic study Mr Snyder generated a letter stating that the traffic study done last fall for the CarMax project assumed a total of 1 000 430 ..;quare feet of office versus the master plan which approved 1 687 000 square feet. While It is true that the study that was done last fall may have understated office a couple of hundred thousand square feet. It overstated Industnal by a million square feet. The difference more than balanced out In a reduction in trips rather than an overstatement of trips There are two things on this plan in addition to the caps on square footage and acres There IS a trip generation Total vested trips for the project shall remain 63,752 average daily trips That has been approved on numerous occasions and stays on the plan That number will not change At that time we were looking at a number of different development scenarios and trying to maximize the trip generation and did not exceed the vested amount of average daily trips under any of those scenarros Mr Willard also pointed out that in his experience, It IS virtually inconceivable that Qua.,lL ::lark will ever develop out at anything close to the maximum thresholds that are already vested on the master site development plan, nor will it generate the kind of tnp generation that it is vested for because we are experiencing absorption of more acres at Industrial type thresholds When you take into account the high school property and the CarMax use, there IS a lot of acreage being eaten up by uses that are either below what was originally forecast or approved He did not think we are going to see anywhere near the thresholds being addressed on the project. Ms Heyden could not comment on this until she receives advice from someone who has a traffic background Commissioner Jaskiewicz asked if Mr Willard has exceeded any plans for other than 47 acres for commercial Mr Willard advised that he has not. Mr Willard addressed the second item, which IS that the Region Planning Council wanted a cap of 400 hotel rooms in the project. The original application for development in 1984 contemplated in its traffic study two 200 room hotels However at 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 the publIc hearrng last fall there was discussion about the different caps on the density within the project and we Included a conversion factor on commercIal square footage which IS on the face of the eXisting approved plan When the Hampton Inn IS bUilt we will multiply the number of hotel rooms by 268 and deduct It from the permltable development of commercial space within Quantum Park He did not see the need to arbltrarrly limit the hotels to 400 and he did not think this was a Regional Issue He adVIsed that there is a conversion feature that would address the deduction of commercial trrps and square footage if more hotels were built Ms Heyden agreed with Mr Willard that thiS condition exists She stated that there IS some protection so long as we know how to convert apples to oranges She said it IS up to the Commission whether or not they want to limit the number of hotel rooms In Quantum Park given the impact on other hotels In the City From a traffic standpoint she felt the City is protected ~r Willard addressed the next issue, which was that the eXisting master plan identifies vested trips in terms of average daily trips (63 752) The Region wanted it generated In terms of peak hour and in his letter Mr Godfrey's stated that the daily trip generation was requested by the City due to the fact that Palm Beach County Traffic Standards monitor traffic on average daily trips, not peak hour Average daily trips for different types of land uses is easily convertible under the ratios and conversion features of the International Transportation Engineers That number can easily be obtained If necessary however, he did not request anything in this amendment that would change what was previously approved on the plan last fall If he needs to do any more traffic studies to look at peak hour trips. he can do that; however he does not need to change the DRI Mr Willard addressed the last issue which was that Mr Snyder wanted annual monitoring of the intersection of Park Ridge and Gateway, In light of the additional commercial uses that were being requested along Gateway Last fall, we agreed to prbvlde a triggering mechanism for the monitOring of Park Ridge and Gateway Every time a building permit is pulled. a traffic report would have to be submitted Identifying trip generation and peak hour trips at that intersection When we hit certain thresholds we would have to make improvements to the Intersection This was adequate then and Mr Willard felt it is adequate now, especially in light of the fact that he IS withdrawing the request for commercial usage there Ms Heyden stated that the issue is .not average daily trips" The project is vested for a certain number of average daily trips It has been vested since 1985 However we 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 have had five NOPCs In three years that have changed the location of all of the uses Therefore now we need to be concerned about peak hour trips and the Impact on the Intersection of Gateway and High Ridge Last summer when we added the additional commercial we placed a condition in the DRI Development Order that dealt with peak hour/peak season When every permit comes In they have to submit a study The problem is that it has not been a true study We have been getting a letter indicating the number of peak hour trips and the total number of tnps associated with that use However we cannot tell cumulatively what the affect is This IS why the Region wants a check pomt once a year of the traffic situation gIven what has been approved Mr Willard stated that nothing in this particular application addresses the need for that Every time we submit a Notification of Proposed Change for a limited purpose In this case to address the land use deSignation on the lots in Quantum, it turns Into open season fc" the Regional Planning Council and Ms Heyden to propose conditions that do not have anything to do with the application but address something that they now feel needs to be addressed A complete traffic study was submitted last fall The tnggering mechanism is the trip generation The wording of paragraph 13 IS Inappropriate It states that annual monitoring of Gateway and Park Ridge shall be performed at the end of every year to determine when and what improvements are '{leeded to maintain the intersection at the adopted level of service Mr Willard said this is a vested DRI It has trip generation rights from 1984 that predate the adoption of concurrency We do not have to concern ourselves with concurrency with respect to Gateway other than last year when we voluntarily accepted the obligation to make improvements to Park Ridge and Gateway because the CarMax project was going In and that was going to change the character of the trips being generated on that roadway Ms Heyden stated that the project is vested for average daily trips A project is vested so long as you do not make a modification When you make a modification, you are subjecting yourself to new regulations We had a methodology that was in place in 1985 and a methodology that is in place in 1997 and they are not the same So there IS a difference between two traffic engineers not agreeing with the methodology because they have to make it up as they go along Mr Willard pointed out that the Department of Community Affairs is the only state agency that has appellate rights to the Commission's action this evening The DCA has issued a letter stating that none of the issues raised in the original application which included all the commercial, is of regional concern to them and they do not Intend to appeal 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Mayor Taylor asked if we could require a traffic study when the next project comes In Ms Heyden answered affirmatively and recommended that the City hire a traffic consultant to revIew that study at the expense of the applicant With regard to Lots 66 67 A and 67C Mayor Taylor dId not want to approve any more commercIal until he knows what It IS He pointed out that thiS IS an industrial park Mr Willard had no objection to submitting a traffic study when the next project comes In If It IS a project that is inconsistent with the land uses approved Motion Commissioner Bradley moved to approve the request to amend the previously approved PIO master plan In connection with an amendment to the ORI subject to staff comments including the Planning and Development Board comments including Comment 17 deleting commercial and retaining hotel office and Industrial use on Lots 66 67 A and 67C commercial designation on Lot 1 to allow for a restaurant and accepting Items 32 34 35 and 36 Mayor Taylor asked if Item 32 Included all of the commercial lots Mr Willard said no- it has been amended to delete 66 67 A and 67C which will stay office/industrial/hotel Ms heYden asked for a clarification about the traffic study Commissioner Bradley included in his motion that the applicant pay for a traffic study when a project comes In on a parcel that in any way is different from the uses approved tonight. ~s Heyden pointed out that a traffic study is going to be automatically required with any future ORI amendment. It does not address any potential concerns with this application once these lots are developed as proposed There are other lot options as part of this application besides commercial Mr Willard stated that virtually everything had previously been approved for office Most of the changes pertained to adding industrial as potential additional uses such as the BGI lots which had been designated office and were changed to industrial which created a far lower trip generation Commissioner Jaskiewicz seconded the motion 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Attorney Goren stated that this is a master motion with several subparts and the approval of the main motion would approve each of the subparts as provIded by CommIssioner Bradley The motion carried 5-0 VIII 81DS None IX DEVELOPMENT PLANS A ProJect: Agent: Owner Location Tara Oaks Susan Prillaman Pulte Home Corporation Tara Oaks Development Corporation Bill Winchester President Northeast corner of Woolbright Road and Knuth Road extended Time Extension - Request for a one year site plan time extension to expire February 18, 1998 Description Mayor Taylor advised that staff recommended approval of this time extension and by a 4 to 3 vote the Planning and Development Board also recommended approval Kieran Kilday represented the contract purchaser He had no problems with the comments in Exhibit D Ms Heyden recommended that the City Commission delete comments 5 and 6 and approve comment 11. which best protects the City to ensure that the back fees and this year s fees are paid Mr Kilday had no problem with this He intended to pay both fees Motion \ CommISSioner Jaskiewicz moved to approve a one year site plan time extension to expire February 18, 1998 taking into consideration all staff comments. substituting comment 11 as stated by Ms Heyden to replace comments 5 and 6 Vice Mayor Titcomb seconded the motion, which carried 5-0 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MA Y 20, 1997 Motion CommiSSioner Tillman moved to approve Proposed Ordinance No 097-17 Vice Mayor Titcomb seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carned 4-1 Commissioner JaskiewIcz cast the dissenting vote 3 Proposed Ordinance No 097-18 Re Abolishing the Children and Youth Advisory Board Attorney Goren read Proposed Ordinance No 097-18 by title only Motion CommiSSioner Tillman moved to approve Proposed Ordinance No 097-18 CommissIoner Bradley seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 4-1 Commissioner Jaskiewicz cast the dissenting vote 4. Proposed Ordinance No 097-19 Re Providing additional duties, powers, authority and functions of the Education Advisory Board Attorney Goren read Proposed Ordinance No 097-19 by title only Motion Commissioner Bradley moved to approve Proposed Ordinance No 097 -19 CommIsSioner Tillman seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 4-1 Commissioner Jaskiewicz cast the dissenting vote 5. Proposed Ordinance No 097-20 Re No substantial deviation to DRI for Quantum Park Attorney Goren read Proposed Ordinance No 097-20 by title only Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No 097-20 Vice Mayor Titcomb seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 5-0 37 --~ - --~--- -------- Richard W. Carlson, Jr., Esq 2377 Crawford Court Lantana, FL 33462-2511 Phone (561) 433-0172 Telecopier (561) 433-0874 ill 6 4 S98 t " ~ iW' I rs l~ .; l~ \._~:._-.,_......... August 1, 1998 Mike Rumpf, Acting Director Boynton Beach Planning & Zoning 100 East Boynton Beach Boulevard Boynton Beach, FL 33435-0310 Re Quantum Park - Lot 1 - Restaurant Use Dear Mike I represent Boynton Beach Hospitality, Inc , owner of Lot 1 in Quantum Park Lot 1 presently supports the Hampton Inn on the west portion As you know from your discussions wi th the contract purchaser/applicant, a restaurant is proposed for the east portion of Lot 1 I understand there has been some question surrounding whether this restaurant use is permitted by the approved DRI Master Plan, or whether some approval beyond site plan approval is necessary I write you to inform you of the history relative to this question and to assure you there was a very clear approval of a restaurant use for Lot 1, only requiring future site plan approval On April 15, 1997, the Hampton Inn was approved In that approval it was represented to the staff and City Commission that a restaurant application would be made for the east portion of Lot 1, and that the DR! Master Plan was being amended by Quantum Associates so as to provide for that permitted use DRI Master Plan Amendment for Restaurant Use This application was made and processed by Quantum Associates, and on May 20, 1997, the City Commission approved the DRI Master Site and Development Plan, Revised Master Plan Amendment No 8, by Ordinance Number 097-20 I have enclosed a copy of the relevant documents for your convenient reference The first document for your review is Ordinance No 097-20. That Ordinance, at Page 2 of 6, provides in pertinent part that the application was made in part for a change in the master plan designation of lot 1 from office/hotel use to office/industrial/commercial use (Fourth recital, emphasis added) Section 4 approved the application as set forth in Section 2 Section 2 provides in pertinent part Mike Rumpf, Acting Director August 1, 1998 Page 2 1 Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park, dated May 20, 1997, is hereby approved A review of Master Plan Amendment No 8 approved for commercial use The DRI Master Lot 1, with the "C" meaning "commercial II pertinent part reveals that Lot 1 was Plan provides "OIC" on Note 2 provides in Development of the following land use classifications should not exceed the following intensities without further City approval * * * * Commercial (including hotel & restaurant) - 426,888 sq ft gross leasable area not to exceed 47 total acres (emphasis added) The restaurant use was specifically referenced at my request so as to ensure there would be no need for any future request for a change in use to accommodate a restaurant on Lot 1. This was made clear to staff and the City Commission In fact, the presentation of Jim willard, Esq , representing Quantum Associates in the May 20, 1997, master plan amendment specifically included reference to the restaurant use as to Lot 1 Note that Page 19 of the May 20, 1997, Minutes of the Regular City Commission Meeting, provides that Mr Willard stated in essence The reference to "C" for commercial would include hotel and restaurant use (emphasis added) Lot 1 has an "OIC" designation, with the "C" being the commercial designation Finally, note that the motion passed, as set forth on Page 27 of the May 20, 1997, Minutes of Regular City Commission Meeting, specifically and explicitly provides for a restaurant on Lot 1 The last portion of the motion is commercial designation to allow for a restaurant It is clear from this motion that the Commission was specifically considering a restaurant on Lot 1 because (1) there is no mention of any other use on Lot 1, even though the Hampton Inn Hotel was at that time under construction, and, (2) there is no mention of any restaurant use on any other of the lots in Quantum Park with a commercial designation Source of Question I understand there were two questions that have led to this Mike Rumpf, Acting Director August I, 1998 Page 3 concern The first involves the lack of specificity relating to what commercial uses were intended when the flexibility sought by way of the May 20, 1997, master plan amendment While I accept there might be a question as to uses other than hotels and restaurants, these uses are specifically referenced in the master plan amendment Accordingly, there can be no question that these uses are permitted uses in the commercial designation on the DRI Master Plan I understand the second question arose from a concern over whether Planning and Zoning has the correct version of the Revised Master Plan Amendment No 8 While I agree the master plan records in the City Clerk's Office on Quantum Park leave something to be desired ,1 there is no question about whether the adopted version included the reference to a restaurant use in the commercial category Ordinance No 097-20 has attached as Exhibit B a copy of the master plan That master plan, Note 2, contains the specific reference to the restaurant use in the commercial category Accordingly, there are no record-keeping concerns relevant to the question of whether a restaurant use is already approved for Lot 1 on the DRI Master Plan because Ordinance No 097-20 includes that reference and Lot 1 has a commercial designation. I trust this information resolves any lingering question of whether a restaurant is an approved use on the DRI Master Plan Should you have any questions or concerns, please contact me immediately As always, thank you for your assistance and cooperation I look forward to the processing of the pending application for site plan approval of the restaurant proposed for Lot 1 Si9J;~'rrely , Ur~~J.~ R1chard W Carlson, Jr , Esq c Mike Panakos, President, Boynton Beach Hospitality, Inc , wi enc Joyce Elden, Esq , Broad & Cassel, wi enc Bill Baker, original Pancake House, wi enc 1 I have not checked the City Clerk's files relative to the May 20, 1997, approval In a previous review of the Clerk's files I found that the files didn't include all the previous full-size master plans I don't know whether a full-size Revised Master Plan Amendment No 8 is on file with the Clerk or whether such has a stamp evidencing approval ARCHfTECTuRE/pL-\NNING, INC. AA-0002894 August 17, 1998 CIty of Boynton Beach Department of Development Planmng & Zomng DIvIsIon 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 RE The Ongmal Pancake House First ReVIew, New SIte Plan File # NWSP 98-011 Response to first reVIew 1 See reVIsed sheet <<L 1" All utilItIes easement are mdicated on plan. Only palm trees are planted on easements. 2 All necessary permIts will be applied for pnor to applIcatIOn for permIt. 3 To be addressed on permIt draWIngs. 4 To be addressed upon request. 5 See Landscape Plan, sheet "L 1" note # 11 6 No water lInes operated by the cIty are located outsIde eXIsting easements. 7 To be addressed dunng permIttmg. 8 See reVIsed engmeenng drawing. 9 PermIt draWIngs will mdicate backflow preventer mstalled at water meter 10 DraWIngs will be processed accordmg to CIty of Boynton Beach permIt procedures. 11 See reVIsed engmeenng draWIng for fire hydrants locatIOn. 12 See reVIsed Site Plan, sheet "AI" 1300 East Hillsboro Blvd #203 A Deerfield Beach, Florida 33441 954/418 0606 f 954/418 0022 The OngInal Pancake House First RevIew, New SIte Plan File # NWSP 98-011 August 17, 1998 Page 2 13 See reVIsed Site Plan, sheet "AI" 14 See reVIsed Site Plan, sheet "AI" and Landscape Plan, sheet "L 1" 15 See attached letter dated August 5, 1998 from RIchard W Carlson, Jr, Esq 16 Attorneys for the partIes Involved are worlang on the cross access easement and draInage related Issues 17 The dnveway In questIon IS eXIstIng as well as all landscape along Gateway Blvd. See reVIsed Landscape Plan, sheet "L 1" for note pertmmng to sIte tnangle. 18 All plans submItted for specific permIts will met cIty's code reqUIrements. 19 See reVIsed SIte Plan, sheet "AI" 20 See reVIsed engIneenng plan for pIpe and grate elevatIons. See attached certificatIOn letter 21 See reVIsed SIte Plan, sheet "AI" 22. All plans are sIgned, sealed and dated by deSIgn profeSSIonals. 23 See reVIsed SIte Plan, sheet "AI" 24 Tins item was discussed at a meetIng between Mr Kastarlak and the parties Involved and tins arclntect has been Informed that tins comment is no longer an issue. 25 See reVIsed sheet "A4" 26 See reVIsed sheet "A5" 27 See reVIsed Site Plan, sheet <<AI" and Engineenng Plan. 28 See revised Site Pla~ sheet "AI and EngIneering Plan. 29 Construction Plans will reflect all reqUIred mformatIon. 30 See reVIsed Site Plan, sheet "AI" Civil Engmeer to submIt copy of SFWMD permIt. The OngInal Pancake House First RevIew, New SIte Plan File # NWSP 98-011 August 17, 1998 Page 3 31 See reVIsed SIte Plan, sheet "AI" PermIt DrawIngs will Indicate all buildIng setbacks. 32 All plans are sIgned, sealed and dated by desIgn profeSSIOnals. 33 Understood. 34 See reVIsed SIte Plan, sheet "AI" 35 See reVIsed SIte Plan, sheet "AI" and ElevatIons, sheet "A4" 36 See revised SIte Plan, sheet "AI" and Landscape Plan, sheet "LI" 3 7 See reVIsed SIte Plan, sheet "AI" and ElevatIons, sheet "A3" 38 See reVIsed SIte Plan, sheet "AI" and EngIneenng Plan. 39 See reVIsed SIte Plan, sheet "AI" 40 See reVIsed SIte Plan, sheet "AI" 41 SIte Plan IndIcates three handIcapped spaces 42 See reVIsed SIte Plan, sheet "AI" 43 See reVIsed Landscape Plan, sheet "L 1 n 44 All trees WItlnn easements are eXistIng. 45 See reVIsed Landscape Plan, sheet "L 1 " 46 See Landscape Plan, sheet <L 1 " note # 11 47 See reVIsed ElevatIons, sheets "A3" and "A4" Hendrik S DeMello, AlA NCARB HSDM Arclntecture/Planrung, Jnc DEPARTMENT OF DEVELOPMENT Buknt I. Kastarlok, NCARB Director of Development Building Planning & Zoning Engineering Occupational licenses CommuniJy Redevelopment August 7, 1998 Mr RIchard W Carlson, Jr Esquire 2377 Crawford Court Lantana, FL 33462-2511 ~'- ~ 7~~ . ",; f""" '\ {' . -- RE. Quantum Park - Lot 1 Restaurant; Our meetmg of August 6, 1998 Dear Mr Carlson, Thank you for respondmg to my mVltatlon to represent your clIent, Boynton Beach Hospltaltty, Inc and for arrangmg for a representative of the Ongmal Pancake House, Mr WillIam G Baker, to be present at our meeting. At my mVltatlon, Mr Doug McDonald, PreSIdent, and Mr Thomas McGillicuddy, Semor Vice PreSIdent of MFr, the new owners of Quantum Park, were present. My staff, Michael Rumpf, Actmg Planmng & Zonmg Manager, and Bob Donovan, Pemut ApplIcatIOn Group SupervIsor, also attended. The ObjectIve of the meetmg was to establIsh certam basIC facts that predate the applIcatIon of the Ongmal Pancake House on July 7, 1998, for a buildmg penrut from our Department. I would lIke to summanze the facts dIscussed and establIshed by all partIes present as follows. 1) The "Restaurant Use" specifically and exclusively for Lot 1 at Quantum Park was approved by an act of the CIty ComrmssIOn on May 20 1997 (ReVIsed Master Plan Amendment No.8, by Ordmance Number 097-20) ThIS serves as a confirmatIon that "Restaurant Use" is allowed for Lot 1 2) No other lots at Quantum Park were designated for "restaurant use" Implted by "commerCial use" deSIgnatIOn m the amended Master Plan. The new owners, MFr, may choose to deSIgnate other lots for restaurant use m the future. 3) Boynton Beach HospItalIty, Inc., owner of Lot 1 has applIed for a Site Plan Approval, July 7 1998, for bUIldmg an Ongmal Pancake House. ThiS applIcation IS now gomg through the "SIte Plan ReVIew" process at the Department of Development whIch covers the external appearance and as well as SIte of the building. 4) It IS understood that Quantum Park has ItS own internal "ArchItectural ReVIew" process. MFr deSIres to engage m thIs reVIew for the subject Ongmal Pancake House as soon as possible Both Boynton Beach HOSpItalIty, Inc and Ongmal Pancake House representatIves have agreed to comply WIth the Quantum Park ArchItectural ReVIew process. America's Gateway to the Gulfstream 100 East Boynton beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6371 Fax: (561) 375-6357 Quantum Park - Lot 1 Page 2 August 7, 1998 5) MFT will consider mVIting a City of Boynton Beach official to SIt on the Architectural ReVIew COmmIttee of Quantum Park. 6) The Department of Development has proposed to postpone the completIOn of Its Site Plan Approval process for Ongmal Pancake House until such tIme as MFT has completed ItS own ArchItectural Review process. All parties present have agreed to thIS postponement. 7) MFT will make Its archItectural reVIew cntena available to the Department of Development as a reference. However, the Department of Development will not be bound by the cnteria when conductmg Its own SIte Plan ReVIew 8) MFT may pass judgment on the qualitative aspects of the Original Pancake House design and may ask for changes. Approval of the deSIgn, however, will not be wIthheld unreasonably The result of the archItectural reVIew WIll be conveyed to the Department of Development. In conclusIOn, all partIes have expressed theIr concern for quality deSIgn and for ensunng that a qUalIty eatmg faCIlity IS built on Lot 1 The Department of Development, for ItS part, will do everytlung It can to ensure such a deSIrable outcome. Smcerely, ~tf!,.izJ5;K'kt4'- Bulent I. Kastarlak DIrector of Development CC Doug McDonald, PresIdent, MFT Thomas McGIllicuddy, Semor Vice-President, MFT William G Baker, Ongmal Pancake House Michael Rumpf, Actmg Planmng & Zoning DIrector Bob Donovan, PermIt ApplIcatIon Group SupervIsor BIK/nb