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
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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~ ,"
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APPLICANT
Quantum Associates
00 ",1(.0 flo(j or
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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
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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
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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
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MASTER SITE DEVELOPMENT PLAN
KEY PLAN
LEGEND
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National City C"n'".
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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
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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
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Clt Clerk
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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!
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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-
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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
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fax #" (Q5'l/) L}/O-~ 0021-
date: I / 2 Y / q (7
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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.
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Planning and Zoning DiVision
Gty of Boynton Beach
Boynton Beach, Rorida 33425
375-6260
Fax: 375-6259
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Kimley-Horn
and Associates, Inc.
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May 28, 1998
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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.
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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
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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
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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 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
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CITY OF BOYNTON BEACH FLORIDA
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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
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MASTER SITE DEVELOPMENT PLAN
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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
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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