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LEGAL APPROVAL q;~~1tk ~D~ I' !/JF !I I-Ukf"- / '! / ORDINANCE NO I 096-#, - ill OCT 3 I99i 00 ~@~ow~ AN ORDINANCE OF THE CITY COMMISSION F THE CITY OF BOYNTON BEACH, FLORID, REGARDING THE APPLICATION OF UANTUM PA ~PID/PCD C~~~B; AMENDING ORDINANCE 91-70 OF SAID CITY BY~~NG A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PCD (PLANNED COMMERCIAL DEVELOPMENT) TO PID (PLANNED INDUSTRIAL DEVELOPMENT); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE PlANNING AND ONING DEPT. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, James G Willard, Esq , agent for the owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Part III of the Land Development Regulations, Chapter 2, Zoning of the City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land, said land being more particularly described hereinafter, from PCD (Planned Commercial Development) to PID (Planned Industrial Development); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof, be and the same is hereby rezoned from PCD (Planned Commercial Development) to PID (Planned Industrial Development) A location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of ,.., ..., f competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance Section 5: This ordinance shall become effective upon adoption FIRST READING this /7 day of ~~ SECOND, FINAL READING and PASSAGE this ~ &m~~ , 1996 , 1996 day of CITY OF BOYNTON BEACH, FLORIDA /t-JzI7;(~ ""Mayor , , , i j 1 \ IJ.-~ / ~ ~f\^ ._, 1\ ,......,.,....._____ comrriissioner ~ ,-< \ "L.--- "-_ " ~ IvLt -, Corrun"i s s i oner // ---- C .Ji ATTEST ~~~~.,~/ ~ Ci Clerk (Corporate Seal) Rezcni~g Qua~~u~2:D 9/l:}/9E EHXIBIT "A" Lots 80, 81 and 82 as per the plat of PCD Center, Plat Book 60, Pages 106 and 107, Public Records of Palm Beach County, Florida ,-vvA' ,V'" ,,,,At' QlJA\'T'fUM PAR\~ - pCP . -" I / 1 i F''l AA\ ,I \$-ipX~~qf ': ;,_ _ __' ! :mIwl\ \ \ . "'o~ ,N c: , '"t" 'f I ~.', . ~ 1 \ _ ' 1.,. ~ ~ . I ~ J. 1 ,,~ -"!'\- '~ . , t' f t/ ...,'" \. r~.~ ,,1, \.... ~\'r.: 11\' \ ," {1 Il\", G. \.:... c[ t. r ,/--' \ / Ii .' J j , " tf~~nv. ,/( /'('D ~ I, .'" ~ j J-..fi ORDINANCE NO 096-# Ii '- u... if /...... {' \... I. I AN ORDINANCE OF THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORID REGARDING THE APPLICATION OF QUANTUM PA K PID/PCD CENTER AMENDING ORDINA 9- 8 OF SAID CITY BY AMENDING THE FUTURE LA ,USE ELEME~ OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM OFFICE COMMERCIAL TO INDUSTRIAL; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE OCT 3 I~ 00 ~~~U\~~ WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, Quantum Associates or James G Willard, owners of the property more particularly described hereinafter, has requested the above mentioned Land Use Element amendment; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No 89-38 of the City is hereby amended to reflect the following That the Future Land Use of the following described land shall be designated as Industrial Said land is more particularly described as follows Lots 80, 81 and 82 as per the plat of PCD Center, Plat Book 60, Pages 106 and 107, Public Records of Palm Beach County, Florida Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed ~ Sectlon 4: wi' Should any section or provision of thi~.....- Ordinance or any portion thereof be declared by a court of .' t. ')~J' Gompetent jurisdiction to be invalid, such decision shall not . affect the remainder of this Ordinance Section 5: The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this amendment to be in compliance in accordance with Chapter 163 3184, F S ,; or the date a final order is issued by the Administration Commission finding amendment to be in compliance in accordance with Chapter 163 3184, F S The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 2l-day period no petitions are filed challenging amendment FIRST READING this /7 day of ~/ln3G~ SECOND, FINAL READING and PASSAGE this ~ , 1996 day of ~G7Se:~ , 1996 CITY OF BOYNTON BEACH, FLORIDA . I / 'f-<'~V:--U_~1' I -d 'j - ATTEST -'IV, .___~ \~--1 Commis'sioner ~~..- ~ /vLt- C;~'{SSiOner ~ t~~1~~<~4b Ci Clerk (Corporate Seal) QJ.:.ant~. Lci:....s@ 5 ;5 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 4 Proposed Ordinance No. 096.44 Re land Use Amendment . Quantum Park PIC/PCC Center Attorney Cherof read proposed Ordinance No 096-44 by title only No one In the audience wished to address thiS Item Motion Commissioner Titcomb moved to approve Ordinance No 096-44 Commissioner Bradley seconded the motion A roll call vote was polled by the City Clerk. The motion carned 5-0 5 Proposed Ordinance No 096.45 Re Rezoning. Quantum Park PID/PCD Center Attorney Cherot read proposed Ordinance No 096-45 by title only No one in the audience wished to address this item Motion Commissioner Titcomb moved to approve Ordinance No 096-45 Vice Mayor JaskIewIcz seconded the motion A roll call vote was polled by the City Clerk. The motion carned 5-0 B Ordinances. 1 st Reading 1 Proposed Ordinance No. 096-46 Re Providing incentives for economic development for qualified businesses in the Community Redevelopment Area City Manager Parker-Hill requested that this ordinance and Proposed Ordinance No 096- 47 be deleted trom the agenda She said there are too many typographical errors and items that she thinks should be changed These ordinances will be rewritten and placed on the next agenda tor first reading 2. Proposed Ordinance No. 096.47 Re Economic development in the Planned Industrial Development District (PID) This item was deleted She discussion under X B 1 35 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2,1996 4 Proposed Ordinance No. 096.44 Re land Use Amendment . Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No 096-44 by title only No one In the audience wished to address thIS item Motion CommiSSioner Titcomb moved to approve Ordinance No 096-44 Commissioner Bradley seconded the motion A roll call vote was polled by the City Clerk. The motion carned 5-0 5. Proposed Ordinance No. 096-45 Re Rezoning. Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No 096-45 by title only No one in the audience wished to address thiS item Motion CommiSSioner Titcomb moved to approve Ordinance No 096-45 Vice Mayor JaskiewIcz seconded the motion A roll call vote was polled by the City Clerk. The motion carried 5-0 B Ordinances. 1 st Reading 1 Proposed Ordinance No. 096-46 Re Providing incentives for economic development for qualified businesses in the Community Redevelopment Area City Manager Parker-Hill requested that this ordinance and Proposed Ordinance No 096- 47 be deleted from the agenda. She said there are too many typographical errors and items that she thinks should be changed These ordinances will be rewritten and placed on the next agenda for first reading 2. Proposed Ordinance No. 096-47 Re Economic development in the Planned Industrial Development District (PID) This Item was deleted She discussion under X.B 1 35 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 3. Proposed Ordinance No. 096-44 Re. land Use Amendment - Quantum Park PID/PCD Center Attorney Cherat read proposed Ordinance No 096-44 by title only Motion Commissioner Bradley moved to approve Ordinance No 096-44 Commissioner Tillman seconded the motion A roll call vote was polled by the City Clerk. The motion carried 5-0 4. Proposed Ordinance No. 096-45 Re Rezoning - Quantum Park PID/PCD Center Attorney Cherot read proposed Ordinance No 096-45 by title only " Motion Commissioner Titcomb moved to approve Ordinance No 096-45. Vice Mayor Jaskiewicz seconded the motion A roll call vote was polled by the City Clerk. The motion carried 5-0 C. Resolutions None D Other None XI UNFINISHED BUSINESS None XII. CITY MANAGER'S REPORT City Manager Parker reminded the Commission that the next joint City Commission/Chamber of Commerce meeting is scheduled for October 7th Mayor Taylor asked her to contact the Chamber of Commerce to reschedule this meeting to November 34 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 3. Proposed Ordinance No. 096-44 Re land Use Amendment - Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No 096-44 by title only Motion Commissioner Bradley moved to approve Ordinance No 096-44 Commissioner Tillman seconded the motion A roll call vote was polled by the City Clerk. The motion carried 5-0 4. Proposed Ordinance No. 096-45 Re Rezoning - Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No 096-45 by title only Motion Commissioner Titcomb moved to approve Ordinance No 096-45 Vice Mayor Jaskiewicz seconded the motion A roll call vote was polled by the City Clerk. The motion carried 5-0 C. Resolutions None D Other None XI. UNFINISHED BUSINESS None XII. CITY MANAGER'S REPORT City Manager Parker reminded the Commission that the next joint City Commission/Chamber of Commerce meeting is scheduled for October 7th Mayor Taylor asked her to contact the Chamber of Commerce to reschedule this meeting to November 34 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Charles S Smith, Sanitation Equipment Operator IV Archie Underwood Utilities Maintenance Mechanic JI Victor Wooten, HVAC Mechanic II, Facilities Management Mark L. Woznick Firefighter III City Manager Parker thanked these employees for their years of service to the city Mayor Taylor recognized these employees who have served the city well throughout the years He appreciated their effort and years of serVICe to the city 3. Presentation of Firefighter Olympic Trophy by Firefighter Martin Firefighter Martin was not present. therefore. this item was not addressed 4 Employee of the Month. June 1996 City Manager Parker and Mayor Taylor honored Willie Adams as Employee of the Month for setting a positive example for other er11Xoyees and for the city when he found a checkbook, including cash, and turned it into the Police Department. V BIDS None VI PUBLIC HEARING A. Project Name Quantum ParklPID/PCD Center Applicant requested continuance to July 2, 1996 Agent. James G Willard, Esquire Owner. Quantum Associates Location 13 93 acres of property at the southwest corner of 1-95 and Gateway Boulevard Description land Use Element Amendment/Rezoning Request to amend the Comprehensive Plan Future land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (peD) to Planned Industrial Development (PID) to add into the Quantum Park PID 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 At this time. Mayor Taylor advised that a new policy IS being Instituted this evening to try to shorten the meetings He asked the presenters to try to limit their comments to eight minutes and to cover only the pertinent Issues He pOinted out that the Commission has extensive backup on all the projects Mr Cherof adVised that the following Items on the agenda are quasi-judicial hearings Quantum Park land use element amendment/rezoning Quantum Park master plan modification Woolbright Place PUO master plan modification Citrus Park PUO master plan modification Quantum Park PIO use approval He also advised that the record this evening Will consist. at a minimum, of the documents In the Commission backup package If there are other documents that anybody wishes to have made part of the record, they need to be Identified to the clerk, and a copy left with the clerk If there are any Commissioners who have had contact with any of the applicants for these Items, they need to identify that particular contact for the record. At this time, everyone who Intended to testify this evening was sworn in by Mr Cherof Mayor Taylor advised that some months ago, he spoke with representatives from Quantum when they were originally thinking about brrngmg these three parcels into the Quantum PIO He also received a call from Anna Cottrell today, asking if he had any questions In regard to the Woolbright Place project. Commissioner Titcomb advised that he was contacted by Michael Morton a few weeks ago with regard to the Woolbright Place project, and he has had limited contact With the Quantum people James Willard, the attorney for Quantum Associates, stated that there are three Items dealing with Quantum that are all related on the agenda this evening. He asked if he could address the PIC use approval (Item XIII C) at the same time that we have the public hearings because it is a related item The Commission had no objection to this Mr Willard said the primary application before the Commission this evening deals with an amendment to the Quantum Park ORI There were three specific objectives that Quantum AssocIates tried to accomplish with the DRI amendment. There were three lots Within Quantum Park, Lots 80, 81 and 82, that were never part of the ORI These three lots are 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 located Just south of Gateway Boulevard at 1-95 Mr Willard displayed the existing approved master site development plan dated October 28, 1994, for Quantum This was adopted by the City Commission when the high school deal came through and the southwest quadrant was approved for the high school site That was the last significant change to the development plan Mr Willard also displayed the proposed master site development plan dated July 1 1996 and Informed the Commission of what he IS trying to accomplish with this plan. He is trying to bring the three lots into the Quantum Park DRI He stated that at the time the high school was Included, a transportation analysIs of the operating characteristics of the intersection at Gateway Boulevard and Park Ridge Road was required At that time the Commission requested that this Intersection be analyzed because a portion of Park Ridge Boulevard would be abandoned when the high school was built. Therefore there was a concern about the operating characteristics at this main intersection That was the focal pOint of the transportation study Another objective was to reconfigure and relocate the approved location of some commercial uses within Quantum Park. There previously were commercial uses on the lots around Quantum Lakes Drive We are proposing to identify the area outlined In red on the chart (primarily along 1-95 and near the intersection of Gateway and Park Ridge) which would be acceptable for commercial uses. In the course of the discussions with the Regional Planning Council and the city staff, we have identified maximum intensities of development for different land use categories within Quantum that were contained In the original DRI application in 1984 At the request of the city and the Regional Planning Council, these maximum intensities have been reflected on the plan as follows industrial use, Including research and development, approximately 4,400000 square feet commercial, including any hotel rooms, would be limited to a maximum of 426,888 square feet, and office at 1,685,772 square feet Mr Willard was seeking approval of commercial uses as permitted uses within these lots In addition to the existing office and industrial uses, up to the maximum threshold of the 426 888 square feet, including any hotel rooms He was aware of the concern that the acreage may be absorbed by that amount of square footage After further negotiation with city staff, particularly Carrie Parker, he agreed not to exceed 29 7 acres, approximately 30 acres, of commercial land use, in addition to the proposed office CarMax site, which IS proposed for lots 77, 78, 79, and 80 That takes into account the originally approved acreage plus the three lots that are coming Into the DRI He also agreed to abide by the acreage limitation of 426,000 square feet, which he thinks is adequate to accommodate expected development demands for commercial uses in this area. Since the entire park 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 is zoned PID each specific use has to go before the Planning and Development Board and the City Commission Therefore the previous commercial uses that were approved will be known, IncludIng what they look like how they fit it, and how the character of the park IS developing He believed that If It is developing In a positive manner, the city will be accommodating more conditional commercial uses, if required, In the future Mr Willard advised that the plan dated July 1 st incorporates all the changes requested by the Regional Planning Council He referred to the transportation analysis. He adVised that he has received approval letters and consensus from the DOT, the County, and the Regional Planning Council with respect to the study that was submitted, which identifies a series of improvements that will be necessary to the Gateway/Park Ridge intersection as development occurs within the park. As those levels of trip generations tngger improvements will have to be made (additional right turn lanes and left turn lanes) It IS already a signalfzed intersection, but at maximum build out, there will be dual left turns and a dual right turn Those improvements are Identified in the proposed ordinance, ~s well as different trip generation thresholds He believes all the other agencies have signed off on that. At the city's request, he also sought the rezoning of the three lots that are coming into the DRI, which were previously zoned planned commercial development. He stated that since the rest of Quantum Park is PID, it would be appropriate to zone these three lots PIO to be consistent with everything else in Quantum Because of the concern that recently arose regarding inconsistency with the underlying Comp Plan designation, he is identifying the lots as approved for commercial and office use only, which he believes eliminates the necessity of a Comp Plan amendment which would have to be sent to Tallahassee and be approved by DCA. It is a long and tedious process and conflicts with the request thiS evening to have the ORI amendment, since the ORI amendment has to be consistent with the underlying Comp Plan designations. Therefore, by eliminating industrial, he felt the necessity for the Comp Plan change is eliminated The last thing before the Commission this evening is the PIO use approval Because of the zoning classification, every use of the lot coming into the city has to go through the use approval process. A CarMax dealership is proposed to be located on the four lots that are outlined in yellow on the plan CarMax is a relatively new concept offered by Circuit City stores Mr Willard introduced Jim Thornton of Richmond, Virginia, who explained the CarMax dealership Mr Thornton stated that Circuit City saw the used car business as an area that had a great deal of potential for a retailer who had experience in making customers happy and giving 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 them what they want The car business has, In some cases, developed an unsavory reputation with customers as not being sensitive to customers' needs Circuit City saw an opportumty to offer customers a wide selection of late model cars with a quahty that CirCUit City stands behmd with warranties and a product the customer can trust This IS offered m a very low key, dlgmfied low pressure environment. The customer expenence IS designed to be as close to gomg shoppmg for a refrigerator or a stove as CircUit City can make It. To that end the CarMax developments are designed to look more like shopping centers than used car lots All the tinsel, searchlights, and higr pressure salesmen are taken away Customers can go through the entire process without talking to a salesman until the end If that IS what they want to do The development reflects that type of low keyed, digmfied approach It tends to be a very low impact development for the community The traffic generated by a CarMax development is generally a quarter to a third of what a retail development on the same site would generate Water IS recycled on site so the utility usage tends to be very low At the same time, the development generates a substantial amount of benefit for the community He expects the CarMax to generate between 125 and 150 Jobs The median income will be between $25,000 and $30 000 There will also be a sigmficant tax generation from real estate taxes, sales taxes and license taxes There is also a ripple effect throughout the community since CarMax offers a Wide selection of cars. It cannot possibly stock all the parts for all the cars that It offers for sale, so It relies heavily on local vendors for tires, batteries, and parts. That npple effect on the local economy would be In the neighborhood of about $1 million He felt the CarMax development fits In well It is a low impact, attractive development, and proVides significant impacts for the city He pointed out the four lots on which the CarMax development will be located Mr Willard stated that the ordinance is the operative document that changes the DRI This becomes part of the DRI development order The ordinance reflects all the recommendations of the Planning and Development Board and staff Mr Willard proposed the follOWing changes to the proposed ordinance 1 On page 3, in paragraph number 2, the date was changed from June 11 th to July 1 st to reflect the date of the new plan 2 Paragraph number 4 was deleted. This paragraph simply reflects a designation on two lots, which was a mistake. It has been changed and shown on the plan now Two lots were sold to the high school and should have been marked as government and institutional. That correction has been made, and since this plan is incorporated by reference as an exhibit, It does not need to be in the text of the agreement. 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 3 In paragraph number 5 he agreed with Ms Heyden's recommendation to change "building permit" to "site plan" which puts the provIsion of the traffic information a little earlier In the approval process 4 Paragraph 6 was deleted On the face of the plan, we were requested to reflect the section of Park Ridge Boulevard that would be abandoned once the high school IS bUilt It IS shown In cross hatching, and we had Inadvertently extended the cross hatching a little past the cul-de-sac on the south side It was not intended to close public traffic to that cul-de-sac. That was simply an error when we did the original plan It has been pulled back which eliminates the need for paragraph number 6 5 Reword paragraph 7(c) to state "strongly encouraged- instead of It being a mandatory requirement. Ms Heyden was pleased that Mr Willard agreed to reduce the commercial acreage She asked if that includes a reduction In the location of the commercial or if he is still asking for the option on all 86 acres. Mr Willard said he is still asking for the option on all 86 acres City Manager Parker advised that the three lots that are coming into Quantum Park are 13 93, and the lots that are being utilized for CarMax are 17 11, or a difference of 3 18 additional acres if paragraph 7(c) is reworded as Mr Willard suggested Ms Heyden wanted this to be a reqUirement, espeCIally on Gateway Boulevard, and that a comprehensIve landscape plan be devised With the Treasure Coast Regional Planning Council, who frequently provides this service for free to cities. She would like this done prior to the first site plan submittal City Manager Parker pointed out that one of the difficulties is that Quantum does not know who IS going to come in on what lot They have to come in for use approval prior to submitting a site plan For example, If they come in with a lot and a use on Gateway Boulevard, the Commission can require additional landscaping if they feel it is needed for that particular use Mr Willard strongly objected to doing a landscaping design package, especially with the Regional Planmng Council, for unknown uses He said landscaping is an important component of how it looks when you drive by on 1-95 or when you drive along Gateway Boulevard He agreed, as the Planning and Development Board had recommended to 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 enhance the landscaping and show it on the site plans as they are submitted to the city on a case by case basIs for any commercial use In this area. CommiSSioner Bradley mentioned the pen meter greenbelt. City Manager Parker advised that Mr Willard IS referring to the traffic along Gateway Boulevard. Mr Willard stated that the 1-95 frontage specifically creates the Issue of the peripheral greenbelt. however that IS not the mtent of this particular paragraph Mr Willard reiterated that he would be happy to address the landscaping characteristics of those partIcular lots as they come in for site plan approval To try to create standards in advance not knowIng the nature of the use. how tall the building is going to be, what the setbacks are going to be, and what you are trying to buffer or not buffer, is extremely difficult You wind up with standards that are meaningless and very hard to apply on a case by case basis without substantial waivers or variances when the user comes in Ms Heyden said that is like saying you cannot have a landscape code in the city until you know what uses are coming in. She felt you can plan ahead. The people who do this for a living are very familiar with this kind of work and can do this so it is not onerous and IS not a problem for each use as it comes in Treasure Coast Regional Planning CounCil as part of this DRI, does not look at the local issues as we do. It is up to us to see that we are protecting ourselves and our city They have offered this service They have done this for other cities It is something that can be done ahead of time. We are not going to get the continuity that we are looking for with our planned districts if we wait and do It on a lot by lot basis Mr Willard said there is a landscape code We are talking about enhanced landscaping, something over and above what the landscaping code already requires. Quantum Park has a very expensive lush landscaping plan all through the park, through the medians and along the rights-of-way The standard has been established' there that at the very minimum, it is going to be maintained and probably increased for commercial uses that would otherwise be visible along Gateway Boulevard. He did not think there is a baSIS to be concerned about a deficient level of landscaping associated with the quality of the project and the price that people are going to pay for the ability to locate on these lots 6 Delete paragraphs 8 and 9 Mr Willard said that information is reflected on the plan The plan would have to be slightly changed to reflect the 30 acre limitation on commercial 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 Vice Mayor Jaskiewicz asked where the hotel site would be Mr Willard said there are five lots that are designated for hotel usage Vice Mayor Jaskiewicz asked if small commercial establishments could be put in instead of a hotel site Mr Willard answered affirmatively City Manager Parker advised that Mr Willard has offered to limit the commercial to 30 acres, in addition to the CarMax, anywhere in that location For example, if a Shell station came in on the corner and the City Commission did not want to approve that use they could deny It when It comes in for use approval Mr Willard added that there is still a site specific approval process that we have to go through on every single lot, regardless of what is done this evening City Manager Parker advised that Mr Willard agreed not go with the whole 86 acres. Mr Willard said that is correct It simply identifies the boundaries of the area where commercial would be permitted Vice Mayor Jaskiewicz asked if the area that was originally set forth commercial will continue to be commercial Mr Willard said, "No" The deletion of paragraph 8 was acceptable to Ms. Heyden However, she advised that there has not been a revised traffic study Greg Stewart from the Department of Community Affairs in Tallahassee was present to discuss his concerns with the development order Ms. Heyden understands that although they agreed to it, it has not been revised yet in a traffic study, which would need to be done prior to the development order being approved With regard to paragraph 9, Ms. Heyden said she has not seen the revised master plan but will take Mr Willard's word for it. 7 Reword paragraph 11 to state as follows. The sewage lift station serving Park Ridge Boulevard shall be upgraded at Quantum's expense at such time as development generates sewer flow in excess of the lift station capacity as reasonably determined by the Utilities Department. Mr Willard recognized that, depending upon the level of development, we may exceed the capacity of that particular lift station, in which case it has to be expanded City Manager Parker asked Mr Willard if he realizes that it may not be actual flow It may be permitted or planned capacity which would necessitate an upgrade. Mr Willard answered affirmatively The revised language was acceptable to Ms. Heyden 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 Ms Heyden stated that an unexpected Issue arose on Friday, and we struggling with how to deal with It We were lookmg to change the zoning and the land use of the acres that are being added to the oRI from PCo to Plo The problem with dropping out the land use amendment and gOing forward wIth the rezoning IS that this zoning category IS not allowed under the current land use Therefore, In order to change the zoning to Plo, you would need a corresponding land use amendment. We have not discussed whether we want to exclude industrial as an option on those lots Ms Heyden recommended that those not be excluded because of their locations, and for the same reasons that she has concerns with additional commercial being added Right now, If we drop the land use amendment application there IS no corresponding application to change the PCD master plan and the uses that are allowed on that application The DCA would entertain an expedited review of this land use amendment. Ms. Heyden believed this could be worked out, however, the three parties Involved would have to discuss this. Mr Willard did not believe the ComprehenSive Plan amendment is necessary If the three lots are designated as commercial or office There are three levels of regulatory cOntrol over this project which the city has avaIlable to it. The future land map has very generic designations of different areas of the City, and the zoning code specifies particular zoning categories within which there are all kinds of permitted uses and prohibited uses. On this project It is a oRI So in addition, the development order requires a master site development plan For reasons unbeknownst to him, the original master plan for Quantum had extremely specific uses designated on every single platted lot which has continued to be a problem to this date because it makes flexibility almost impossible It IS very constraining to how you market the property when you have a site specific plan that desIgnates each and every lot for a particular use That is why we are proposing that some of these lots be changed We are trying to achieve a certain level of flexibility You cannot amend a development order in a oRI to a land use inconsistent with the underlying Comprehensive Plan Zoning does not matter So if the underlying Comprehensive Plan designation for these three lots is office and commercial, which'is what we were told they were, then by eliminating the industrial land use category on the master plan, we are now consistent with the underlying Comprehensive Plan because the development order for the oRI, by this plan, limits it to commercial and office Mr Willard said he talked to Jim Snyder of the Regional Planning CounCil today, and Mr Snyder is satisfied with that and does not feel that a Comprehensive Plan amendment is necessary Ms Heyden said the problem is the land use is office/commercial, not office and commercial We have a separate category called local retail commercial that would allow the kinds of uses Mr Willard is talking about. Therefore, it is not allowed in the current land use She explained that the current designation is office and Mr Willard is proposing 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 to add commercial in additIon to office Last Friday it was office/industrial/commercial Now they are asking to drop the Industnal, and City Manager Parker suggested dropping the commercial designation as well to solve this problem Mr Willard stated that for the last 10 years three lots were zoned planned commerCIal distrrct He asked if that has been inconsIstent with the underlying Comprehensive Plan designation Ms Heyden saId It has not been inconsistent because the master plan that governs that PCD allowed for office use not commercial use She said there are no uses In the PCD It is governed by the master plan The master plan required for a DRI is more conceptual than the master plan that we would require for a planned district. She spoke to the Treasure Coast about this on Friday She said maybe it is time for us to break apart the two master plans so that when Mr Willard wants to add a land use and move it around it IS done locally as a master plan amendment instead of by a notice of proposed change She explained that Mr Willard has had a lot of frustration during the past couple of years that he has been involved in thiS project because this master plan is very detailed. It IS more detailed than a regular ORI master plan because the zoning district for Quantum Park requires a master plan She discussed thiS problem with Treasure Coast and they told her about other ORis In which there were sImilar problems. They wrote into the development order the splitting apart of the two master plans so that there is a ORI master plan that would have the maximum acreage and square footage on it. Then you would have the local master plan that would show where all the uses are located When there is a change to that, it would come through the local process only as a master plan modification and a notice of proposed change would not have to be filed with the State Mayor Taylor asked how long this process will take Ms. Heyden advised that it can be added into the development order that the Commission will be approving two weeks from now City Manager Parker advised that an amendment could be made between first and second reading of the ordinance Mr Stewart did not believe amendments could be made between first and second reading Therefore, first reading would have to be postponed until the development order IS amended He said this would allow time to clarify some other issues of concern between the local government, the Regional Planning Council, and the Department of Community Affairs Mr Willard was not aware of these other issues. Mr Stewart said he has not received the letter from FOOT Mr Willard advised that it has been issued, however Mr Stewart said it needs to be in hand He hopes that resolves a lot of the issues with the transportation because that was the biggest State concern The second issue was with the flexibility with 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 the land uses and the square footage Looking at the new land use map, he could tell that at least what we had talked about on the telephone was done. including tying the hotel Into the acreage However, he said Vice Mayor Jaskiewicz brought up a good point regarding where that hotel site would be Since you have it flexed into all of the actual square footage of the commercial It could actually wind up at any location There are different tnp generation rates and he was not sure what Treasure Coast and Maria Palumbo's review of the transportation plan said Therefore, there are some issues that need to be resolved City Manager Parker asked Mr Stewart if he could provide the standard State language to split the two master plans so we could insert It this evening instead of making the amendment change between first and second reading Mr Stewart asked for a recess so all the parties involved could discuss this matter Mayor Taylor opened the public hearing Henrietta Solomon, 230 N E 26th Avenue, stated that there was much discussion in the past about used car dealers. and they are not wanted in Boynton Beach. Lee Wische, 1302 S W 18th Street. said for six years this acreage was zoned industrial and they could not get anybody in He said the consensus at the visions conference was as follows · Create a more user-friendly government structure. especially for Code Enforcement and Zoning divisions · Develop a task force to determine how to encourage businesses to locate in Quantum Park. · The current development approval process is not flexible enough to attract future development. The City Commission and other boards also need to be more flexible in their attitude toward development. The city must streamline its permitting process to accommodate economic development and might study other cities considered user-friendly by the business community and apply their techniques to Boynton Beach A task force could be set up to review the development codes. Mr Wische asked if we are here to help or to hinder Marshall Friedland, 330 N E 26th Avenue. spoke about how difficult it is to change indentured land, land nailed down so tightly that the development of the land cannot follow 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 a natural flow He stated that Circuit City is an honest company that does as they say They have an excellent track record He felt this new concept of merchandising used automobiles is exciting, and pointed out that this land has laid vacant for years He felt this project will beautify the land and generate dollars and jobs for our community No one else wished to speak. Mayor Taylor summarized the discussion thus far With regard to the land use we are talking about bringing three other parcels Into Quantum Park and changing the land use and zoning With regard to designation of commercial/industrial/office, the applicant IS asking to move commercial lots to another area and designate it commercial We also have to consider the CarMax proposal He said the traffic issue needs to be settled Another concern is landscaping The applicants want 7(c) of the proposed ordinance to be reworded to state "strongly recommended" instead of "required" There is also a question of whether the landscaping should be done now with an overall plan, or lot by lot. Mayor Taylor said we have approved 30 acres of commercial in Quantum Park. We are talking about adding another 17 acres with the three lots that are coming in That would bring It up to 47 acres. In his mind, we have increased the allowable commercial by at least 50 percent. He did not object to this, however, he objected to moving all the commercial over to one area all at one time without knowing what is going on that land He wanted to leave the 30 acres where they are and move them lot by lot. Vice Mayor Jaskiewicz agreed with Mayor Taylor She was concerned about what could go on those particular lots, however, she had no objection to the CarMax. Commissioner Tillman did not have any problems with the CarMax. However, there are many issues that have to be dealt with in terms of this blanket issue of adding 50 percent of commercial land He had no problem with additional commercial land, but he would like to know what that land is going to be used for Commissioner Titcomb was supportive of the mechanisms necessary to get Quantum Park going However, he was concerned about the concept of rotating commercial use around In a large area like this. His fears stemmed from the point of meeting a condition that relates to adjacent and contiguous lots to prevent leap frog inclusion zoning. He was supportive of the CarMax concept, and he was supportive of including the new lots to the northeast into the master plan However, he was afraid that if we approve CarMax there approve another commercial development in the three lots outlined in red on the chart approve another one in the northeast corner, and one in the very south tip of the overall 19 ------- MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 zone, who IS to say that a few Commissions from now there will not be an Intelligent argument to be had to turn this area Into commercial because It is surrounded by commercial He did not have any problems with giving the Quantum people the acreage they want or with the CarMax concept" however, his biggest concern is the floating commercial We need to know what IS gOing In there before we give a blanket floating situation One other concern he had was with the landscaping and the look of this area He had a certain amount of faith that Quantum and some of the other compames Invoived are gOing to put In very nice landscaping It IS part of their image and their mission however he thinks we have a little leverage to consider the look of Quantum Park and how It IS viewed from 1-95 and the city He referred to the new landscapmg gOing In at the Interchanges at 1-95 and at Boynton Beach Boulevard and Woolbright Road and would like similar treatment to be encouraged at Quantum, such as rows of Palm trees that mirror the look that the whole corridor is taking He would like to encourage that or look for mechamsms that we can marry that to the approvals of the usage of the land Generally he gets the feeling that we do not want to see an outparcel haven on this Quantum site He felt It was possible to find a compromise where we get some overall usage commitments and overall beautification commItments in return for flexibility Commissioner Bradley felt the overall vision that Quantum Park was initially begun under which IS an industrial park, is important. He agreed that flexibility is important. He IS not opposed to the increase in commercial. but he felt it was important that the overall Industrial feel and flavor of Quantum Park stay intact. He pointed out that industry is Important to families in terms of providing jobs and a tax base that is different from retail He mentioned the feeder school concept, which revolved around the idea that graduating seniors might become part of a job pool that would keep them in this community, and their children would end up going to Poinciana Elementary School, etc. He wanted the quality of life in Boynton Beach to be high and positive so that people would not relocate Industry is a key component to that. If we can bring in more companies along the technology lines he felt we will be doing a great thing. He felt there needs to be a mechanism that Will ensure that the commercial development does not happen haphazardry and that there are enough controls and checks in place that Will make sure that it happens in a way that IS gOing to make for a good commercial corridor, but at the same time not make things too lopsided in that development. Commissioner Bradley had concerns about the ,greenbelt around the entire perimeter of Quantum Park He thinks this is very cntical, especially if we are looking at reducing the buffer at 1-95 from 40 feet to 25 feet. He understands the concerns that the applicant has made about there being a 40 foot buffer because there are homes adjacent. However, he pointed out that they are across eIght lanes of traffic He wanted a plan to put the 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 perimeter greenbelt in place and he wanted It to have native plants If we are going to reduce It In the area along 1-95, he would like It beefed up 10 other areas He also would like to see a mix between some exposure and some landscaping along the 1-95 corridor He hopes the applicant or staff can come back with other projects along 1-95 that have utilized landscaping effectively perhaps an understory where you have some low shrubbery that softens the look, and a higher story of Palms so that there IS some exposure and some advertismg With regard to the floating commercial acreage Mr Willard stated that since this IS a PID zoning classification where every specific use needs to go before the Planning and Development Board and the City CommIssion, he did not have a problem with not designating any particular lot commercial and coming back with a speCific site plan He would simply note that In addition to the square footage limitation, there IS a limitation of 30 additional acres of commercial, the precise location of which is subject to City Commission approval Mr Willard said clearly the overall thrust and character of Quantum is an Industrial/office/research type park. DespIte the commercial development that may occur here he felt It is ancillary to the primary focus of the park as an industrial opportunity for employment centers In Boynton Beach Notwithstanding that 30 acres may be commercial some day, he felt there is ample absorption of acreage off this industrial throughout the balance of the park for the foreseeable future He believed the traffic related issues have been resolved He also believed the Comprehensive Plan inconsistency issue can be resolved during the break. He said if we can come up with a mechanism to eliminate the site specific uses on the DRI master plan and leave those as purely local issues, that would be great. Mr Willard had no objection to developing a peripheral greenbelt plan He stated that there was a need for some clear understanding as to what the periphery of Quantum is gOing to look like Clearly, the 1-95 frontage IS going to be treated .one way It is not just the eight lanes of traffic on 1-95, but there IS a train there as well and there IS a difference In grade You cannot possibly see what is on the other side of the interstate. The uses that Will eventually be constructed In this area want that visibility We specifically talked about types of landscaping plans which help Identify the character and the quality of the development so that you see both the landscaped nature of the project and what IS on the lots He believed a combination of that can be proposed in different widths along the 1-95 frontage It would be easier with respect to CarMax because that is a specific project. It will be a little more generic with respect to the other lots because undoubtedly people will seek variances from it from time to time as specific users come in However, he felt we 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 could come up with some guidelines that would have to be adhered to subject to CommiSSion variance on the other 1-95 lots The other areas that border resIdential are to the south across the canal and nothing IS developed there right now To the extent that Quantum Associates still owns a great deal of those properties, a guideline can be put In place Commissioner Bradley inqUired about the landscaping by the high school Mr Willard said the School Board owns the high school site and they are exempt from local zoning and other design controls With regard to landscaping, Mayor Taylor wanted some consistency that encompasses the entire theme of the park, including the area along the 1-95 corridor He understands that there will be some variations due to some exposure, but there ought to be some sort of consistency to the whole plan The buildings are probably going to be 20 or 30 feet high, so hedges can be run below so you do not see the cars or the people at the ground level, but still see the signage and the buildings He did not want to see one person with four Palm trees and the person next to him with nothing. There has to be some sort of standardization Mr Willard agreed. He said that is only in the best interest of the park There is tremendous expense and capital investment in landscaping in Quantum today even though there are not many users there They certainly want to maintain and enhance that quality as parcels get developed for the benefit and enhancement of the value of the rest of the park. Mayor Taylor agreed, but felt we should give them a little guidance. With regard to the landscaping on Gateway Boulevard, staff wants a plan up-front before anything goes In there The applicant wants to do it as users come in Mayor Taylor believes the Commission is going to be extremely stringent on the appearance along Gateway Boulevard when it comes to landscaping. If the applicant is willing to exceed the landscape code, he will work with him on a site by site basis. However, once the first site gets in and sets the standard for what we want there, then the others who come in are going to have to comply with that. Mayor Taylor asked how the Commission feels about approving the landscaping as users come in Vice Mayor Jaskiewicz concurred with the site plan approval for each particular one as it is developed Commissioner Tillman would like to see some consistency When you drive down Gateway Boulevard, you see a lush green area and he would like to continue to see that, in addition to development. Commissioner Bradley agreed that we can trust Mr Willard to do the right thing 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 At this time the parties Involved in the Quantum projects left the Chambers to dIscuss the outstanding Issues and Public Audience was dispensed with next. VII PUBLIC AUDIENCE Paul Pfenninger 4085 Floral Dnve, said he IS the spokesperson for the property owners who live north of Gateway Boulevard and south of Sausalito Place He said Sausallto Place has blocked all their drainage and their homes will flood He stated that Sausailto issued the property owners an ultimatum. They wanted them to sign a letter of agreement stating that they would put pIpes in but that they would not guaranty that the pipes will work The property owners would not sign the agreement. City Manager Parker advised that Floral Drive IS in the County Sausalito Groves was permitted in the County and then the city annexed them after the property was already permitted in the County It was permitted to County standards, which are very similar to city standards in that no water from Sausalito goes onto Mr Pfenninger's property The problem is that the homes located on hIS street are older homes basically in the middle of the orange grove Their water was draining onto Sausalito The letter that Mr Pfenntnger distributed was an attempt by the developer to assist the homeowners. The developer has met all the cnteria to hold his own water on his own property The homes on Floral Drive do not have any drainage because they are older homes. There is no drainage available to them When Sausalito went through their engineering, they realized that these homes were draining onto Sausalito and once Sausalito was developed, these homes would no longer have anywhere to drain to Therefore, their own water is going to stand in their own homes and flood their own homes. In an effort to assist these homeowners, Sausalito agreed to put in an 8 to 10 foot drainage pipe at no cost to the homeowners. City Manager Parker read the following from the developer's letter' We think this will help you address your drainage situation, that it will give you a method for some of the water to drain off We are not engineering a drainage system for your street. Therefore, we do not guaranty any level of drainage will be achieved. City Manager Parker said the residents did not want this drainage pipe installed The County Engineer and the developer's engineer have verified that the water is not coming from Sausalito At this point, unless the developer is still willing to put in this pipe, the remedy for these homeowners is either to ask the County to install some drainage improvements on their street, or to install some drainage improvements at their own cost 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 CommiSSioner Bradley would have liked (0 seen more concession in the area of the buffer He would have preferred a smgle-family project however, he respected the neighbor's desires Mayor Taylor was concerned about the pool being close to the adjacent development What he heard tonight is that people supported this because they preferred single-family over multi-family He pointed out that they were not asked about the buffer Also to get the 2 5 feet, the applicant has cut some of the lots, and they are already small enough Michael Morton appreciated the Commission's reconsideration of this project He disagreed with Gary Lehnertz He said the neight;>orhood has spoken and he has heard a consensus against single-family and the 12.5 foot buffer He thanked the Commission for giving him the opportunity to go back to the neighborhood He said he will come back with a plan with another design In the future Ms Cottrell withdrew this application At this time, the parties involved in the Quantum Park projects returned and those Items were discussed next. VI PUBLIC HEARING A. Project Name Quantum ParklPID/PCD Center Applicant requested continuance to July 2, 1996 Agent James G Willard, Esquire Owner. Quantum Associates Location 1393 acres of property at the southwest corner of 1-95 and Gateway Boulevard Description land Use Element Amendment/Rezoning Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID Ms Heyden advised that an agreement was reached to proceed with the land use element amendment/rezoning. Therefore, we need an action to transmit this to the Department of Community Affairs The only change is the use as office rather than commercial 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Mr Willard said the reason we are going forward with that is because it retains consistency with the underlying Comprehensive Plan We can bring those three lots into the DRI, but we are going to simultaneously submit a Comprehensive Plan request to DCA to change It from office to Industrial Ms Heyden advised that we will process a subsequent development order to change It back to commercial There are also two staff conditions In Exhibit 0 that are stili applicable One pertains to the pump station upgrade and one pertains to the traffic Until we have FOOT's comments, the latter condition needs to remam With regard to the comment regarding the pump station upgrade, City Attorney Cherof advised that even though this was Incorporated In th~ ordinance, the comment still needs to be Included It will end up bemg satisfied Immediately upon the adoption of the ordinance If that language is changed Motion CommIssioner Titcomb moved to approve, subject to the conditions in Exhibit 0, and also the condition that the use on the master plan for these lots be changed to office Vice Mayor Jaskiewicz seconded the motion, which carried 5-0 B Project Name Agent. Owner" Location Description Quantum Park PID James G Willard, Shutts & 80wen 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 to add 13.17 acres (the PCD Center subdivision) to the PfD boundaries and change the use designation from office to commercial/industrial use, add the option of commercial use to the eXIsting use designated for lots 65A, 658, 66. 67A, 67B, 67C 68A, 68B, 69,70, 72, 73A, 738, 74 - 79, 83 - 85 and 91 and change the use designation of lots 58,59,60 and 61 from commercial to industrial/research and development/office See discussion under Iter ~ ~v 33