LEGAL APPROVAL
fJ1ie City of
tJ3oynton tJ3each
100 'E. tJloynton tJleadi tJloukvam
p.o, tJI~310
tJlognton tJleadi, !{forufa 33425-0310
City!J{afl (561) 375-6000
!FJU". (561) 375-6090
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that attached Ordinance #099-05 consisting of six (6) pages and
Exhibit "A" consisting of three (3) pages, are true and correct copies as they appear
in the records of the City of Boynton Beach, Florida,
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 12th day of March, 1999
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'su ANNE M. KRUSE, CMC/AAE
City Clerk
March 12, 1999
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ORDINANCE NO~9-~5
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 94-51,96-33,96-65 AND 97-20
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, 96-65 AND 97-20) FOR PURPOSES OF
INCORPORATING THE APPROVED CHANGES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Riteco Development CorporatIon, a F!crida 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
WHEREAS, Developer filed with the City respective applications to amend the
Development Order, which applications were approved by the City in Ordinance No 86-
Page 1 of 6
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11, Ordinance No 86-37 Ordinance No 88-3, Ordinance No 94-10 Ordinance No 94-
51, Ordinance No 96-33, Ordinance No 96-65 and Ordinance No 97-20, 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. Lot 2. The use designation has been changed from
"officelindustrial" to "office/industrial/hotel" to accommodate the development of
, additional rooms adjacent the existing Hampton Inn The additional rooms are planned
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to be within the current allowable thresholds and development order conditions, Lots 66
67-A and 67-C The use designation is changed from "office/industrial/hotel" to
"office/ind ustrial/commercial"
This use designation change is proposed to
I accommodate a complementary commercial development adjacent the proposed multi-
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screen stadium seating movie theater complex upon Lots 83 through 88, inclusive, Lots
76, 81 and 82: The use designation has been changed from
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: "office/industrial/commercial" to "office/industrial" This change reduces the acreage
designated for commercial uses
These properties were purchased with deed
restrictions prohibiting commercial developments The "office/industrial" developments
upon these lots will be in accordance with the current thresholds for gross floor areas for
these uses Lots 83 84, 85, 86, 87 and 88 The use designation "Attrraction and
i I Recreation" (AR) has been added to the current designation of "office/industrial" for
,
these lots These lots total 22.50 acres. The use designation is added to allow for a
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Page 2 of 6
multi-screen, stadium seating movie theater complex.
The proposed change is
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I requested without an increase in the total vested trip generation of 63,752 trips The
commutative changes in the use designations have reduced the land area available for
commercial development from 3324 acres to 31.24 acres, the "officelindustrial/hotel"
use designation has been reduced from 8 01 acres to 3 78 acres and the
"office/industrial" use designation has been reduced from 150 73 acres to 134 28 No
change to the DRI is proposed other than as set forth herein Because of the multiple
land use designations on many of the lots within the DRI project, the applicants submits
that completion of the Substantial Deviation Determination Chart would not be
productive
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 38006, 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 23rd of February, 1999; and
: I WHEREAS, said City Commission has considered all of the forgoing
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
,! CITY OF BOYNTON BEACH, FLORIDA, THAT
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Section 1 A notice of public hearing was duly published on the 18th day of
January, 1999, in the Palm Beach Post, a newspaper of general circulation in Boynton
Beach, Florida, pursuant to Chapter 38006, Florida Statutes, and proof of said
publication has been duly filed
Page 3 of 6
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Section 2. The Development Order shall be amended to include the following
provisions
Lot 2. The use designation has been changed from "office/industrial" to
"office/industrial/hotel" to accommodate the development of additional rooms adjacent
the existing Hampton Inn The additional rooms are planned to be within the current
allowable thresholds and development order conditions, Lots 66, 67 -A and 67 -C The
use designation is changed from "office/industrial/hotel" to "office/industrial/commercial"
This use designation change is proposed to accommodate a complementary
commercial development adjacent the proposed multi-screen stadium seating movie
I theater complex upon Lots 83 through 88, inclusive, Lots 76, 81 and 82: The use
designation has been changed from "office/industrial/commercial" to "office/industrial"
"
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This change reduces the acreage designated for commercial uses These properties
were purchased with deed restrictions prohibiting commercial developments
The
"office/industrial" developments upon these lots will be in accordance with the current
thresholds for gross floor areas for these uses Lots 83, 84, 85, 86, 87 and 88 The use
designation "Attraction and Recreation" (AR) has been added to the current designation
,I
I of "office/industrial" for these lots These lots total 22.50 acres The use designation is
added to allow for a proposed multi-screen, stadium seating movie theater complex.
Twenty (20) screens are proposed The proposed change is requested without an
increase in the total vested trip generation of 63,752 trips. The comulative changes in
the use designations have reduced the land area available for commercial development
from 3324 acres to 31 24 acres, the "office/industrial/hotel" use designation has been
reduced from 801 acres to 378 acres and the "office/industrial" use designation has
I i been reduced from 150 73 acres to 134.28 No change to the DRI is proposed other
than as set forth herein Because of the multiple land use designations on many of the
Page 4 of 6
lots within the DRI project, the applicants submits that completion of the Substantial
Deviation Determination Chart would not be productive
Section 3 The Development Order shall also be amended to include the
Conditions of Approval, attached and incorporated herein as Exhibit "A"
Section 4. 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.
B
The amendments proposed by Developer are consistent with the
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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,
i I subject to the conditions outlined above
o The amendments proposed by Developer do not create any
I i additional regional impacts and therefore do not constitute a
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substantial deviation under Chapter 380 06, Florida Statutes (1996)
Section 5 The City Commission has concluded as a matter of law that these
proceedings have been duly conducted pursuant to the provisions of Chapter 38006,
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 6 Except as otherwise amended herein, the Development Order shall
remain in full force and effect.
Page 5 of 6
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Section 7 All ordinances or parts of ordinances in conflict herewith are hereby
repealed
Section 8 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 9 Authority is hereby granted to codify said ordinance
Section 10 This ordinance shall become effective immediately upon passage
FIRST READING this d1 day of rE8Ru;9~ SI
,1999
SECOND READING and FINAL PASSAGE this
d1
day of
/11.-9~ell
,1999
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CITY OF BOYNT~H, FLORIDA
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Mayor i .
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Co issioner
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Commissioner
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I:
DEVELOPMPIIT ORDER OF THE CITY COMMISSION OF THE
~ Y OF BOYNTON BEACH, FLORI
PROJECT NAME Quantum Park PID DRIA
APPLICANT'S AGENT Eugene A. Gerlica, P E., Mock, Roos and Associates, Inc,
APPLICANT'S ADDRESS 5720 Corporate Way, West Palm Beach Florida 33407-2066
DATE OF HEARING BEFORE CITY COMMISSION March 2, 1999
TYPE OF RELIEF SOUGHT Master Plan Modification with amendment to DRI
LOCATION OF PROPERTY Quantum Corporate Park
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO
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
X 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
..lL 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 "0" with notation "Included"
4 The Applicant's application for relief is hereby
..lL 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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DATED'
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EXHIBIT "D"
ConditIOns of Approval
Project name Quantum Park PID DRIA
File number' MPMD 98-006 / DRIA 98-003
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments None X
UTILITIES
Comments None X
FIRE
Comments, None X
POLICE
Comments. None X
ENGINEERING DIVISION
Comments None X
BUILDING DIVISION
Comments. None X
PARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1 The uses proposed for the lots designated for the "Amusement and X
Recreation" option be unique to the city so as to avoid negative
competitive impacts on existing commercial uses (a theater could be
unique based on additional internal amenities, participation costs, design,
etc.).
Page 2
File Name Quantum Corporate Park - DRI Amendment
File No MPMD 98-006 / DRIA 98-003
DEPARTMENTS INCLUDE REJECT
2 To avoId stnp or small commercial uses on lots located at the southwest X
corner of Gateway Boulevard and Park Ridge Boulevard, these lots
(mmlmlzmg outparcel(s)) should be developed as a smgle complex or
consolidated acttvlty center with an emphasIs on uses unique to the City,
which would therefore not compete with eXisting commercial uses
within the commercial activity center along Congress Avenue, This
limitatIOn excludes the planned Mobil statlOn/convemence store on lot
65-B, and includes uses such as drug store retailers, auto parts or repair,
other convemence stores, copy centers, etc. The use approval process
shall be the means to review future uses for determmatlon of comphance
With this condition,
X
3 "Commercial" options be further reduced on lots Within the Quantum
Park PID (the only remaming parcel with the commercial use option is
lot 91, which consists of 6.53 acres at the northeast corner of Gateway
Boulevard and High Ridge Road). The "Commercial" designation
option could be removed, or alternatively, the parcel could be limited to
uses unique to the city's commercial activity center located along
Congress A venue in the vicinity of the Boynton Beach (including hotels
or similar uses).
X
4 As an additional option to conditions # 1 and #2, the applicant should
Justify, at the site plan stage, commercial use and demand for these
parcels through a corresponding analysis of needs and supply for the
commercial uses proposed at that time. This analysis should not only
include respective marketing information but an analysis of land use
distribution which essentially updates and corrects that data found in the
Comprehensive Plan.
X
5 Finding of non-substantial change by the RPC and state, and satisfying
any conditions from these additional reviewers.
X
6 Remove "office" option from lots 32 through 38, and exclude uses that
are principally warehouses. The use approval process shall be the means
of reviewing for exceptions.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7 The lots designated attraction and amusement be limited to a multi- X
screen movie theater with ancillary uses on site.
ADDITIONAL CITY COMMISSION CONDITIONS
8 NONE X
J'\SHRDA T A\Planning\SHARED\ WP\PROJECTS\QUANTUM\DRI MFI\lST REVIEW COMMENTS-DRI.doc