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LEGAL APPROVAL ORDINANCE NO 0 - 00 - 021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA, PROVIDING FOR A DETERMINATION WHETHER 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 97 -20 AND 99-05 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006 FLORIDA STATUTES 1996 AND WHETHER 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, 97-20 AND 99-05) 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 WHEREAS the City approved previous applications to amend the Development Order which applications were approved by the City in Ordinance No 86-11 Ordinance 1 This Ordinance has been conformed to reflect clerical corrections and restated reference to Exhibits at the request of the Slale of Florida Department of Community Affairs Page 1 of 6 86-37 Ordinance No 88-3 Ordinance No 94-10 Ordinance No 94-51 Ordinance 96- 33 Ordinance No, 96-65 Ordinance No 97 -20 and Ordinance No 99-05 The proposed change is requested without an increase in the total vested trip generation of 65 752 trips No change to the OR/Is proposed ather than as set forth herein WHEREAS the City Commission of the City 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 the City Commission has considered the testimony, reports and other documentary evidence submitted as said public hearing by Quantum the City staff and the public, and the City Planning and Development Board s recommendation of the 22nd day of February, 2000, and WHEREAS said City Commission has considered the testimony reports and other documentary evidence submitted at said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendations of the 22nd of February, 2000, 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 26th day of February 2000, in the Palm Beach Past. 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 Section 2. The Development Order shall be amended to include the following provisions Page 2 of 6 Lots 3 and 6 The Lot 3 and Lot 6 Land Use DesIgnations have been changed to Industrial (IND) from Office/Industrial (01) The change is made to be consistent with the approved Site Plans for warehouse, storage and distribution developments Lots 39 and 40. The land Use Designation for the lots has been changed to Governmental and Institutional (G&/) from Office/lndustrial (01) The Palm Beach County School District has purchased these lots for parking and school related purposes Lot 508. The Land Use Designation has been changed from Office/Industrial (IND} to Industrial:, Lots 59. 60. 61. 62: These lots were previously designated as Office/lndustrial (01) Land Use. The Land Use has been revised to "Mixed Use (MU) The proposed Mixed Use Land Use Designation includes office, commercial and residential uses:, Lots 63. 64. 65A. 658. 66. 67A. 678 and 67C. These lots were previously designated as Office/lndustrial/Commercial (01G) Land Use, The Land Use has been revised to "Mixed Use (MU)" The proposed Mixed Use Land Use Designation includes office, commercial and residential uses Lots 76. 81 and 82: These Lots are currently designated as Office/Industrial (Of) The previous OfficellndustriallCommercial (OIC) Land Use Designation was amended by Notice of Proposed Change No. 9 and the revised Master Plan submitted in support of that change It is proposed to change the designation to Office/lndustrial/Commercial (OIC) Page 3 of 6 Lots 83. 84. 85. 86. 87 and 88. The Land Use of these fats was previously designated as Officelfndustrial (0/) or Attraction and Recreation (AR) Land Use The Land Use has been revised to Mixed Use (MU)" The proposed Mixed Use Land Use Designation includes office commercial and residential uses Section 3 Master Site Development Plan Amendment No 10 as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit Bn replaces and supersedes the Master Site Development Plan currently approved in the Development Order Section 4. The Development Order shall also be amended to include the Conditions of Approval #1 5, 7, 8 11 and 18 attached and incorporated herein as Exhibit "C" Section 5. Upon consideration of all matters described in Section 380 06 Florida Statutes (1996), it is hereby determined that A. The amendments proposed by Quantum 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 Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. C The amendments proposed by Quantum 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 Quantum do not create any additional regional Impacts and therefore do not constitute a substantial deviation under Chapter 380 06 Florida Statutes (1996) Section 6 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 Quantum 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 7 Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 8 All ordinances or parts of ordinances in conflict herewith are hereby repealed Section 9 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 10 Authority is hereby granted to codify said ordinance Section 11. This Conformed Ordinance replaces the existing Ordinance No 0- 00-02 to correct certain scrivener's errors so as to conform the Ordinance to the matter as passed upon by the City Commission Section 12. This ordinance shall become effective immediately upon passage FIRST READING this r5Z9 day of fiii3l<uARY 2000 Page 5 of 6 #/?A'~ SECOND READING and FINAL PASSAGE this 7' ,2000 ATTEST .~<kW#,a<-- Ci Clerk \\\\\11111/ 1/11111. ~,,\ l'\ iON 1/0 S;ca\Ord\~itOi\ .08~--ao~~~~oo Clean ::::: q,. _QORAr<:oo' " ~ ~ ~ ...O~ -:s:. ~ = 0 r(J = =:2: . = ~ >- ~- ~a j ~ ~~\ An;"" 1 ~ ~ c.J . \ ":} .' _ ;:: "" ... ..' ,,\ ~ ~ ......... ,0 ~ ~ FLO'(l.,~ "/1. \\,,, 1IIIIfIJ II \I \\\\\: day of CITY Of BOYNrO B~CH, FLORIDA L/ ~ < _ / A - / t': '- t (' ~/) , Mayo~7 ~' ~/?'7f ?~Jp;d 'vice Mayor '" YL/'thL-~ Mayor Pro Tern ~ ~>SS'W ~ner Page 6 of 6 -" LvCATION MAP QUANTUM PARK 111/ :mTiiii.I,,"~III' '1Iri~II'17/1! .- , , ""''' ~~. .. 'J ' , ~" ~"' '., ---- _ ,~~)~~T7' P" tl -m - '-- _ -Ij; ~6i[ i l r:=::; - ~ "~,t;j,, \ .. r . :L (f-7~ rt~1 r\J.:,1 7':E ~-J"7"~ :::\ - ~-tDrt-: I \-f ~ {,/.;...;~ ~ pr)~(" r-r-/ I " ." 1'01 1-'fJ- r ;.." -----' ~ .-::::!JiL~ ~ ~ / 'r;h ~'I '):"%" 1,1 H1...ll L'\.-..; ~ . Z<~ Iii' J - ~.~ B "{ ~~./:'-: \v j"Y "" =~ .:~lGr~ ';:'1 / _ I r~QJ ? Loll, ...., ~c I-:=; ~"I } {;: ~ .,: ::~~ I .PP1' I I -:- -11.7!~ I ~ 3 \ . ',.' ~,.. . ; I - /- ." O. .,~ '/1 , ., :1 )'.' . I _" .,:", ().. .' '. .. -" . '-- I I \ I ' /,' '- /. E!!l A. -;'T ~ . I \: : . f ~ ;, i, _: JH i '- >-.' ./' \ I I ',' ~ . S YNTC!] : ~tH (j 'J. - l"l ;-._,,~K aFC:'oMMEr:1~;;;- -/J~/ I, PID ~ -- _rr~UANTUM PARK] II "")j/t ( "MOTOROL .~/ -/ 'IV! H Arp ~ ! / '/,'{{ t '~ r'il w' ~r r "', ' \ I;:: l l~/'frr c' "\, I--:. J' //11/ rp u ....... .'.' '13ovJoJ,..O....; 'CAU~{;" ,'-10 l '7/ '/~' \ \.:.\1 : ~~i 1 i~~1J. T II ';s' :IIWt=. "'-l,"f1!t: ~/I' II 11111 . ::j.- .,. u......., ~ I-~ rcje ~ 1-0"";::1 = - .', / '/ : \c t:::: I RI ~ -.~E ~F-! ..... 11"1111'1111 ! 1~~IE.~=:~- t:;;:/ - ~~11~ , ''<:).. ~FS' : .... - . " lo." .,. - .- ::::::: 0 1/8 \ fiLES . . '~~ - = .. ) :' \~ - ~-' '-'~ '1111 'I I LJ :~ \ ,ti r I! I I I '" - rm E \ I I R1 A A \; 8~\Tlr F 0 400 SOC =~r:T "'--J (~e'1...f If A If ':j 7 ] -1 I ] I . ..- '" '\J ~ ~ ~l ~I ~I ~ ';' Lt:ul-\L. Ut:;:)~t(1t" I IV." 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 comer 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 feet to the South right of way line of L.W DO Lateral 21, thence North 89E08'49" East along the South right of way line L.W 0 0 Lateral 21, as recorded in 0 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 DO 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 75000 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 320 69 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 36896 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 915.72 feet; thence NorthOE31'11" 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 a point on the centerline of N W -' A .--..-. thenl"" Nnrth 88E27'31" West, along the centerline of N.W , .., . ;1 ,., L r i .., ~ pq ., . ~ ' , - . i ' ~ I i Go I F ~~ . , <a :z % i ~ .f! t 1 iiiHi ii i n 3 z~ r . Go ~ ~11 Z gS. ! i:: f r . . ~ . r , = ZO ~;:; I >- .A iH. a: ! I : 1 . : : . . r ~-:~ <( ~ ~ 0 "J' , , h-n <1.0 -'olI Z ! tn,1i~.. gzQ.. ~ Ii ::::=- ! I 0 0 .huul ~-:E N m pie;. J!C,~iH Q~2 .... I!:..iii! .- 0 ! '" ~i'1:11 ,.,~~ .c ~ r 't. ~ ! ( I o-Z::l <1. .g -"'0 -, Z :E , "'~ g a:: 2 . ... u z ~ ,., <( II> ~ :l 0 I"'''-'''''';~ -<- ", GIlT ", . Z _, , a! j .; ~ Un . : :.1i8.h. : "J . ' c.i;l1 011 :i . J t I i u .. i u ~ ~ ... .. ]^Y SSJllltOOJ I I s H a 1St a 9 , J 1 ! : . H: H If d 3 . & J~ II I' : i II J ~ ~ I 'I Ii ~ !! il ~ ~ I _, <a . r ! r ".I ~I ~ ~ , i i ! } 6 J I , , , . 'i J i f I j ( ~ a , i ' . - c: c: ~ ! , . " I . f . ! :,1.= r I J ! ~ ~ ! " I j i I ( :-j C I I I ! oj. I I I . ~ .g f I H ~/ '/ .' i~ . , J i c r , ~ I ~ 1 I i ~ ,0] ,.. Ie'" 01 OOJ't1l/.(I ... ,o-_,,...,...-e.,_\ ~t"B " EXIDBIT "C" Conditions of Aooroval Project name: QUANTUM PARK DR! File number. MPMD 00-00 I Reference: REVISED 1st Review. New SIte Plan. File with. Januarv 11. 2000 Plannmsz and Zonmll D d ~ enartment ate stamn mar nil. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments NONE X UTll..ITIES 1 The master plan mdicates a sigmficant change in usage from office! X commerciaVindustrial to mixed use In several locations. Adding a residential component will require a re-reVlew of the water and sanitary sewer demands to be placed on our systems. Please have the appltcant provide estImated demands for all of the proposed changes. FIRE Comments. NONE X PO LICE Comments. NONE X BUILDING DMSrON Comments. 2. Submit a letter describmlZ the orooosed chanlZes. X 3 To verify comphance with the maximum intensities that are described within X note number two, submit square footage computations of the gross floor area of the existing sites that have development order approval. Identify the lot number and total floor area square footage of all sites with development order approval. Total the floor area and categorize them in the land uses that are Identified in note two. ENGINEERING DMSION Comments: NONE X P ARKS AND RECREA TrON Comments: NONE X FORESTERlENVIRONM:ENT ALrST Comments. NONE X PLANNING AND ZONING Page 2 Quantum Park DRI File No.. MPMD 00-001 DEPARTMENTS INCLUDE REJECT Comments: 4 The Notice of Proposed Change (NOPC) document which accompanies this X Master Plan revision does not account for Quantum Lots 83-88 in the narrative provided for Question #S Add these lots to the list as 5 11 changing the use from "or or AR" tonMU" as shown on the Master Site Plan and provided in the acreage table on page 4 of the NOPC report. Also, for your records, the 8111 Amendment was adopted by the city on June 3, 1991 by Ordinance No. 097-20. The NOPC document, page 5 shows the date of adoptIon as March 17, 1997 5 Revise Item #2 under the Notes section on the Master Site Plan sheet to X reflect the uses and intensities as proposed by Amendment #10. 6. Under the conditions of Amendment #8 to the Quantum Park D O. and X Chapter 3, Article IV of the Land Development Regulations a traffic analysis is required for this Master Plan approval. In addition a traffic analysis is required to assist in detennining if the proposed changes will generate additional regional impacts pursuant to Chapter 380.06 (18) Substantial Deviations. A traffic statement was provided but is insufficient to provide the analysis required. Provide a traffic analysis for Amendment #10 which at a minimum includes: - An AM and PM peale analysis for uses proposed in Amendment #10, particularly the 500 residential units, - Trip distribution and assignment for the proposed use changes, - Comparative trip generation table providing data for the uses originally approved, those recently approved (Amendment #9) and those uses proposed for Amendment #10. This traffic analysis will be reviewed by an independent traffic consultant as required bv Ouantum 0 0 Amendment #8. ~uanlUm Park DR! development is delinquent in providing the RqUired X \to annual report for the year 1998. In addition, the 1999 annual report is due r...- February 15,2000. Annual reports must be provided in order to maintain the existence of the DO and the vested rights associated with it. As a condition of approval of this Master Plan Amendment #10 the 1998-99 Annual report may be combined and submitted to the City's Planning and I Zoninli!: Department no later than May 1, 2000. {~ Industrial tracts #47-A and #41-B are not labeled on the Master Site Plan. X Label these tracts. - 9 Approval of the Master Plan is contingent upon a finding of no substantial X deviation by the City The applicant must provide additional information before a detcnnination of no substantial deviation is made. The additional information includes: - Traffic analysis data requested by the City and McMahon and Associates which analysts ts found by McMahon and Associates not to create additional regional impacts. Page 3 Quantum Park DR! File No MPMD 00-001 DEP ARTMENTS INCLUDE REJECT - The Substantial Deviation Determination Chart shOWIng that the Increases and decreases In the Quantum Park DR! meet the threshold requirements of Florida Statutes Chapter 380 06(l9)(e) 5 c. 10 Approval of the Master Plan is contingent upon the applicant filing for and X receiving approval for a text amendment to the Comprehensive Plan to permit residential use In the Industrial land use category ~ Approval of the Master Plan IS contingent upon the approval of the X " applicant's code revision request to perrrut residential development for large scale projects in a PID zoning district. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 12. Delete comment #2. X 13 Delete comment #3 X 14 Delete comment #4 X 15 Delete comment #6. X 16. Delete comment # 9 X 17 Delete comment # 1 0 X 18 The Quantum Park PID master plan shall be limited to a maximum of 500 X dwelling units. ADDITIONAL CITY COMMISSION COMMENTS 19 Change comment #5 to be tncluded. not rejected. X l.1SHl\D" T "\PUNNll<lC\SlWW:l\WN'tl.osaCTS\QU~ lOOCl1OIU MlMD oo.oolICO!oll)lTlOI'IS OF AJ'1'tl.OV AL. CC l.T.go.DOC 10)r ORDINANCE NO 0 - OO-~ UUI MAR 3 0 L,-~__- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMtNATf0N': WHETHER 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, 97-20 AND 99-05 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006, FLORIDA STATUTES, 1996, AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86- 11,86-37,88-3,94-10,94-51,96-33,96-65,97-20 AND 99-05) 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 (t~e "tDA") on May 21, 1984, /IN 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 as 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, the City approved previous applications to amend the Development Order which applications were approved by the City in Ordinance No 86-11, Ordinance 86-37, Ordinance No. 88-3, Ordinance No 94-10, Ordinance No. 94-51, Ordinance 96- Page 1 of 5 /I r ...., ..., 33, Ordinance No., 96-65, Ordinance No 97.20, and Ordinance No. 99-05, and ~ r \ I I I Recreation (AR) land use designation for this lot to reflect the approved development as a dual ice rink-skating facility The proposed change is requested without an increase in the total vested trip generation of 65,752 trips: No change to the DRI is proposed other than as set forth herein. WHEREAS, the City Commission of the City 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, the City Commission has considered the testimony, reports and other documentary evidence submitted as said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendation of the 22"d day of February, 2000; and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendations of the 22nd of February, 2000; 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 26th day of February, 2000, 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. Section 2. The Development Order shall be amended to include the following provisions Lots 3 and 6 Page 2 of 5 The Lot 3 and Lot 6 Land Use Designations have been changed to Industrial (IND) from Office/Industrial (01). The change is made to be consistent with the approved Site Plans for warehouse,. storage and distribution developments. Lots 39 and 40: The land Use Designation for the lots has been changed to Governmental and Institutional (G&I) from Office/Industrial (01). The Palm Beach County School District has purchased these lots for parking and school related purposes. Lot 50B. The Land Use Designation has been changed from Officellndustrial (INDl to Industrial:. Lots 59. 60. 61. 62: These lots were previously designated as Office/Industrial (01) Land Use. The Land Use has been revised to "Mixed Use (MU)" The proposed Mixed Use Land Use Designation includes office, commercial and residential uses:. Lots 63. 64 65A 66 67 A 67B and 67C: These lots were previously designated as Office/Industrial/Commercial (OIC) Land Use The Land Use has been revised to "Mixed Use (MU)" The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. Lots 76 81 and 82: These Lots are currently designated as Officellndustrial (01). The previous Officellndustrial/Commercial (OIC) Land Use Designation was amended by Notice of Proposed Change No. 9 and the revised Master Plan submitted in support of that change. It is proposed to change the designation to Office/Industrial/Commercial (OIC). Lots 83 84 85 86 87 and 88. The Land Use of these lots was previously designated as Officellndustrial (01) or Attraction and Recreation (AR) Land Use. The Land Use has been revised to "Mixed Use (MU)" The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. Page 3 of 5 II I J I I I ., ... -I Section 3. The Development Order shall also be amended to include the I Conditions of Approval, attached and incorporated herein as Exhibit "B" Section 4. Upon consideration of all matters described in Section 380 06, Florida Statutes (1996)t it is hereby determined that A. The amendments proposed by Quantum 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 Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. C The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. D The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a 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 380 06, Florida Statutes (1996), that Quantum 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. Section 7 All ordinances or parts of ordinances in conflict herewith are hereby repealed Page 4 of 5 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 .df9 day of ~&:iIfIlUA,q, Y ,2000 SECOND READING and FINAL PASSAGE this -7' _ day of /!1/9A1CZ# ,2000 , FLORIDA '-- M or ~ K~/ ~4. Vice Mayor Mayor Pro T~ ~ Comm~ss~oner ~ Commissioner TTEST ~\\\\\I\I" IIIIII/. ~,''I. ~ ~TON "I.f~ '_~~~.... e&_:?,~ s.~ruw.I 0;: ~~ :::: 4. "0 )0 ~ is 0 to -:s:. ~ ~ > z~ E -'-~ 0 - ::~ == ~... 4~~ ::: ~'"' ,~.. ~ ~ .. ~ ~ ....... t"'\. 't- ~ ~ o\V ~ ~/I. FLO~ ~\\~ 1'111""111\ \\ \\\\ Page 5 of 5 ~ 4..... ~,.- ~. ~ %'0 ~~: ~ ~ ~ .---: ". 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Industrial 46C 46B 47C 47B (part) 14,824 839 319 Systems Control, Inc. Industrial 89A, 89B (part) 5,280 792 177 Styles Property Office 20 16 442 321 2.28 Management Curt B JOA Industrial 51A 27,000 899 091 49 Distributors, Inc. Industrial 49 50 000 1013 572 United Way Rotunda FDTN Office 4,5,4A 16442 321 6.96 Palm Beach County School Public High 40B 41A,41B 41C 42A, 42B 43 2500 students 2283 5089 Board School 44 45A,45B 53,54 Tri Rail (3) Park&Ride 90C 24 633 909 Motorola Office 12,1314 1 00 000 1451 8,54 PJM & Associates Industrial 47 A(part,4 7B(part) 24 000 884 148 Flowers Bakers Industrial 47 A(part) 47B(part) 46a(part) 24 000 884 1.30 CarMax (2) Auto 77 78 79 80 53,072 1221 13.68 Dealership Hampton Inn Hotel 1 107 rooms 778 4,28 Sun Sentinel Warehouse 46A(part) 22,700 426 1.52 BGllndustries Industriall 32,33,34A,34B,35,36,37,38 165,000 2668 23.58 Office Extended Stay America (4) Hotel 39 104 suites 510 360 TOTAL OFFICE BLDG. 52 18 037 S:\PLANNINGISHAREDlWPIPROJECTSIQUANTUMILOT #'S,DOC ~=,~ I Ki~rn ;::? afld.~lales, Inc. Quantum Park DRI T. i~,GJ~~IQtlOf\-{ADT} Upaat~ I I LAND lOT #'s GROSS FLOOR ACTUAL ITE OWN ERS USE AREA TRIP GEN. (ACT) Florida Power & Light Substation 51B ~o: ..~ 0 0 ,.,- - Publ ix Super Markets (1) Industrial 55 420,000 2112 Safety Kleen Corp. Industrial 46C,46B,47C,47B (part) 14,824 839 Systems Control, Inc. Industrial 89A,89B (part) 5,280 792 Stvles Property Management Office 20 16,442 321 I Curt B lOA Industrial 51A 27 000 899 49 Distributors. fne. Industrial 49 50.000 1013 United Way Rotunda FDTN Office 4,5,4A 16,442 321 4o~ Palm Beach Co. School Board Public High School ~1 A.41 B,41 C,42A,42B,43 4445A,45B,53.59 2500 Students 2283 Tri Rail (3) Park & Ride OOA.~ rOc 24 633 Motorola Office 12,13 14 100,000 1451 P1M & Associates Industrial 47A (part),4iB (part) 24,000 884 Flowers Bakers Industrial 47A (part),47B (part). 46a (part) 24,000 884 CarMax (2) Auto Dealership '77,78.79,80 53,072 1221 Hamoton Inn Hotel 1 107 rooms n8 Sun Sentinel Warehouse 46A (part) 22,700 426 BGllndustries Industrial/Office .n 13 34A,34B,35,36.37,38 165.000 2668 Extended Stay America (4) Hotel 39 104 suites 510 /...01" S/Z-C. 368 ~<;> 00 3 10 177 Z. 't..-8 0,9/ 57Z ~ q~ is 0 B'} q 09 8 ~'i /,t.t/3 I ']0 \3 be 42.8 I ,2.- Z-3.513 36D TOTAL~ 1.l.L;, 5;" 18,037 ...-- al PM pfur count Edition land Use Code J 11 G./04722202/wpireports/Tripgen .vK I I I MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSIONER CHAMBERS, CITY HAll BOYNTON BEACH, FLORIDA ON TUESDAY, FEBRUARY 29, 2000 AT 6 30 P M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tern Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk 1 OPENINGS Mayor Broening called the meeting to order at 6.37 p m. and stated the purpose of the meeting was to consider the Quantum Village Project and a report by the City Attorney on the status of the City Manager contract. I. Consideration of an application to amend the development order for Quantum Park, a Development of Regional Impact and to determine whether the proposed change constitutes a substantial or non-substantial change. Attorney Cherof pointed out that the Commission would also be asked to consider two Ordinances. The first Ordinance (000-02) is the ordinance that contains the finding of the Commission on whether or not this is a substantial change to the Development of Regional I mpact in the previous Development Orders. The second Ordinance (000-03) implements a change in the zoning classification to allow the project to move forward and more specifically to permit multi-family within an industrial zoning district. Attorney Cherof further pointed out that the public hearing would actually take place on March 7tn and if members of the public wished to speak tonight, they would be allowed the opportunity to speak. Attorney Cherof Read Ordinance No 000-02 as follows An Ordinance of the City of Boynton Beach, Florida, providing for a determination whether changes to the Comprehensive Development of Regional Impact approved in Ordinance No 84-51 I I I MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA February 29, 2000 and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20 and 99-05 constitute a substantial deviation under Chapter 380 06, Florida Statues 1996, and whether 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, 97-20 and 99-05) for purposes of incorporating the approved changes, and providing an effective date Attorney Cherof announced that anyone in the audience that wished to speak on the two Ordinances on the agenda must be sworn in and administered the oath to all persons who wished to testify Attorney Cherof announced that all documents that are part of the agenda packet are automatically made part of the record and read into the record a portion of the letter from the Florida Department of Community Affairs (DCA) dated February 25, 2000, which states. "The applicant submitted information and traffic data that adequately rebut the presumptions that there would be a substantial change Additionally, these changes do not create a reasonable likelihood of any additional regional impacts." Attorney Cherof further stated that the Commission must now review the conditions of approval, which are included in the agenda package. The applicant's attorney has seen those conditions and the applicant's attorney was requested to address any concerns regarding the conditions. Attorney David Norris, representing the applicant assumed the podium and thanked the Commission for meeting tonight to consider their application Attorney Norris acknowledged they received the updated conditions of approval today and have reviewed them and are in agreement with the conditions. Attorney Norris acknowledged they received the letter from DCA and received a similar letter today from the Treasure Coast Regional Planning Council (copies of which are attached to the original minutes of the meeting) Attorney Cherof inquired if copies of these documents were included in the agenda packet? Ms. Galav stated that the Treasure Coast Regional Planning Council letter is included in the agenda backup and the DOT letter was just given to staff this evening Attorney Cherof requested that the last two letters become part of the record of tonight's proceedings. There were no comments from members of the Commission 2 I I I MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA February 29, 2000 Mayor Broening opened the meeting up to the public and called persons wishing to testify to the podium in the order of the cards submitted Former Mayor Jerry Taylor, 1086 SW 26th Avenue, Boynton Beach said that five years ago it was determined that Quantum Park would remain industrial and commercial and that was contained in the Visions 20/20 document. Former Mayor Taylor feels that downzoning Quantum Park would impact the future of the City Industrial and commercial costs about 20i on the tax dollar for services, whereas residential requires $1.20 in services for every tax dollar This could affect the tax base. Former Mayor Taylor also feels that this is a substantial change and that this may be challenged Former Mayor Taylor asked that the Commission look at the issue further before making any decisions and feels that this is the wrong location for this type of project. Mr Marshall "Mike" Friedland, 330 NE 26th Avenue, Boynton Beach was pleased that one of the designers of Mizner Park is involved in the Quantum Park project and is pleased the way Gateway Boulevard is progressing Mr Friedland also pointed out that Mr Pinder, who performed the traffic study for the applicant, also performed the traffic study for the Visions 20/20 Plan and pointed out that a new high school is going into the Park. The project will include upscale rentals with seven restaurants and there will be many jobs and people coming into the area bringing in money Mr Friedland pointed out that he made the motion at the Planning and Development Board meeting, which passed the project unanimously and urged the Commission to endorse it. Mr Lee Wische, 1302 SW 18th Street, Boynton Beach said that all the members of the Planning and Development Board reviewed the back-up material thoroughly and spent two hours at their meeting reviewing the project. Mr Wische feels that this is going to be the greatest thing to come into the City and will put the City on the map Mr Wische said that the Commission should pass the project unanimously to show the residents of the City that something can get started and will be finished Mr Herb Suss, 1711 Wood Fern, Boynton Beach was in favor of the project and feels it is an exciting endeavor to come into the City Mr Suss stated that the members of the Planning and Development Board are high caliber people and should be commended Mr Suss does have some concern regarding the traffic and hopes this can all be worked out. Ms. Henrietta Solomon, 230 NE 26th Avenue, Boynton Beach said this is her neighborhood and she has some concerns and agrees with Mayor Taylor's assessment of the project. Ms. Solomon also feels that the retail stores going into the project can hurt the Boynton Beach Mall and if the Mall becomes dead, it could ruin the City Ms. Solomon stated that Quantum Park is an industrial 3 I I I MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA February 29, 2000 research park and should remain that way and changing it would not be in the best interests of the City Mr Norris responded that with regard to traffic Mr Pinder, the project's traffic consultant, did the analysis and his analysis showed that the traffic generated by the project would decrease and would in fact be less than what was originally approved The studies show that there should not be a traffic concern. Attorney Norris pointed out that the project is an upscale project and will bring up the values not only for this project but for Quantum Park and the City in general and further feels that the revenues in tax dollars will increase. Attorney Norris introduced Mr Derek VanderPloeg, the architect for the project, who stated he also had a degree in urban planning and business He stated his firm was involved in Mizner Park and gave a brief history of Mizner Park to the Commission Mr VanderPloeg felt if the Quantum Park DRI was proposed today, it would probably have to include a residential component and felt it would fall within the "Eastward Ho" guidelines. Also, the user fees that the project brings in can become a substantial source of revenue. With regard to the comment made about the Mall, Mr VanderPloeg stated these were two different types of retail and neither would compete with one another These types of projects also will create other redevelopment within a three to five mile radius Mayor Broening reported that he was advised that Motorola has added 800 new people to staff and are anticipating doing a major expansion in the next year or two and asked Mr VanderPloeg if this figured into the marketing study? Mr VanderPloeg responded that they were aware of this. Vice Mayor Tillman stated that he remembers the Quantum area as a young boy and that times change and noted that areas thrive because people like new things and like where they live Vice Mayor Tillman stated he was thrilled to see this project move forward and to allow residential components in this area is a good thing. Vice Mayor Tillman feels that this project will be an excellent addition to the City and will have an impact upon the City and believes the City should move forward with the project. There were no further comments from the Commission. Mayor Broening called for a motion to approve Ordinance No 000-02. Motion 4 I I I MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA February 29, 2000 Vice Mayor Tillman moved that Ordinance No 000-02 with all the necessary language incorporated into the Ordinance be approved Motion seconded by Commissioner Denahan. Mayor Broening asked the City Clerk to call the roll Vice Mayor Tillman Aye Mayor Pro Tern Sherman Aye Commissioner Denahan Aye Commissioner Weiland Aye Mayor Broening Aye Motion carried 5-0 Attorney Cherof Read Ordinance No 000-03 by title only as follows An Ordinance of the City Commission of the City of Boynton Beach, Florida Amending Land Development Regulations, Chapter 2, Zoning, by Amending Section 7E, uses, attractions as defined for the industrial land use classification, multi-family residential/commercial uses in P I D.s totaling a minimum of 500 acres; by amending Section 7 F 1 uses prohibited to exclude multi- family from prohibited uses, providing for codification, conflicts, severability, and an effective date. Mayor Broening called for a motion to approve Ordinance No 000-03 Motion Vice Mayor Tillman moved to approve proposed Ordinance No 000-03 Motion seconded by Commissioner Denahan Mayor Broening stated that anyone in the audience who wished to speak on the Ordinance may do so Former Mayor Jerry Taylor took the podium and stated when Mr McDonald purchased the property he said he would have no problem in developing the park as a commercial/industrial park. Mayor Taylor stated that the only thing Mr McDonald asked for at that time was to make some minor changes to the zoning. Former Mayor Taylor stated they worked hard with Mr McDonald to make these changes and it was made perfectly clear that residential was never intended for Quantum Park, to which Mr McDonald agreed Former Mayor Taylor feels that Quantum Park is marketable as a commercial/industrial park and the Commission is losing the focus of where the City wanted to go Former Mayor Taylor stated a project of this type belongs in the downtown area 5 I I I MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA February 29, 2000 Mr Norris said this is not a situation where the applicant has not been successful in their marketing and to the contrary, they have been very successful in this area and the property in question could be sold as industrial at this time This project will be beneficial not only to the owner of the property, but even more so to the City Mr Doug McDonald took the podium and stated that he never envisioned putting residential in Quantum Park until about six months ago Mr McDonald noted that everything south of Gateway Boulevard has been sold and is all industrial and office space. The only land remaining is north of Gateway Boulevard for the project being proposed and another 20 acres. Mr McDonald stated that Gateway will become special and the residential component will enhance and make the Park even better Mr McDonald stated that times change. Quantum and the City are changing, and Gateway is changing and this project will encapsulate all the changes. Mayor Broening asked the City Clerk to call the roll Mayor Pro Tern Sherman Aye Commissioner Denahan Aye Commissioner Weiland Aye Mayor Broening Aye Vice Mayor Tillman Aye Motion carried 5-0 Commissioner Weiland inquired about the time frame for the second reading and asked for clarification Ms Kruse responded that there should be ten days between the first and second reading of an ordinance Commissioner Weiland inquired what date the second reading was scheduled for and Ms. Kruse replied March 7th Commissioner Weiland was under the impression that there was a problem with March 7th Attorney Cherof responded that they are working within the parameters of the notices that have been published and anticipate that the second reading would take place on March 7th Attorney Cherof replied that if any problems or concerns arise, an alternative method for approval of the project would be determined, with an appropriate notice and opportunity to be heard Motion Commissioner Weiland moved for a 10-minute recess at 7'30 pm., which was duly seconded 6 I I I MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA March 7, 2000 XI. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 000-02 Re Providing for determination whether changes to the comprehensive development of regional impact constitutes a substantial deviation under 380.06 F.S. and whether further development of regional impact review is necessary, amending the development order for Quantum Park Attorney Cherof read Proposed Ordinance No. 000-02 by title only David Norris, Attornev for Quantum Limited Partners, reported that Condition #5 in Exhibit D has been indicated as "rejected" That condition should have been included The conditions that should be included are #1, #5, #7, #8 and #11 In addition, he requested that typos in the Ordinance be corrected as follows: Page 2 - Second Line - The word "loot" should be changed to "lot" Page 3 Under Lot SOB - Should read, "The Land Use Designation has been changed from Office/Industrial to Industrial" Based upon discussion with the Treasure Coast Regional Planning Council, the reference and request with regard to Lot 91 should be withdrawn Remove all references to an amendment to Lot 91 Treasure Coast feels the present zoning is more consistent with what is planned Lusia Galav, Senior Planner in the Planning & Zoning Division, advised that staff concurs with Mr Norrisf comments with respect to the four additions he made. Condition #5 required revision to the master plan to be consistent with the application The applicant has done that and submitted the document this evening Staff received a letter from the School Board regarding some general comments for the development. Because of its residential nature, they would like to see a bus stop incorporated in the site plan process. In addition, they require the selling agents to notice the public regarding school districts. These were additional comments that have been recommended by staff Staffs final recommendation, based on thorough analysis of all information present, was that the Quantum Park DR! does not constitute a substantial deviation pursuant to Florida Statutes Chapter 380.06 Mr Norris advised that the Code amendment revision is included as Condition #11 The Comp Plan text change is Condition #10. The Commission rejected that and the applicant felt that should not be tied to this project. MAYOR BROENING ANNOUNCED THE PUBUC HEARING. 17 I I I MEETING MINUTES REGULAR CI1Y COMMISSION BOYNTON BEACH, FLORIDA March 7, 2000 Maurice Rosenstock, One Villa Lane, said his recollection of Quantum Park seems to have deviated to such an extent that he wonders if the concept that was intended even exists. He feels the last thing we need is more housing The south end of this project has a tremendous housing development. This is the last Industrial land of any quantity in the Oty The concept was to put industrial use on the land. Housing uses more services than any other type of development. Industrial uses the least amount. Mr Rosenstock feels the Commission is making a major mistake. Anne Centi, 13C Southport Lane, hopes this Commission will ask more questions and get quality answers. She feels good projects are always thought up and not always thought through Ed Tedtmann, 869 NW 8th Avenue, said Olin is an apartment developer that has been in this business for a long time. They have done mixed-use projects before. He is confident that they see a market for an apartment building and they can get the job done. Mr Norris reminded the Commission that most comments were addressed at the last meeting. The applicant is not attempting to do this in order to sell out quicker and get out of Quantum Park. If that were the intention, they would not do this project because they could sell out faster to people who have already expressed interest. The applicant feels this is something that would be good for the entire City Commissioner Weiland said that at last week's meeting, Mr McDonald expressed where Quantum Park has been and where it would like to go. Commissioner Weiland feels it is time to move forward Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 000-02 including all staff comments and concerns and including those from the developer Commissioner Denahan seconded the motion Mr Norris confirmed with Vice Mayor Tillman that this motion included only Conditions #1, #5, #7, #8 and #11 Oty Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No 000-03 Re Amending land development regulations, uses permitted to allow recreational and attractions as defined for the industrial land use classification, multi-family residential and mixed use residential/commercial uses in PIDs. totaling a minimum of 500 acres, by amending Uses Prohibited to exclude multi-family from prohibited uses. Attorney Cherof read Proposed Ordinance No 000-03 by title only 18 I I I MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA March 7, 2000 MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 000-03 Commissioner Weiland seconded the motion City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 000-04 Re: Amending Sections 8.A.5.a(5) and 8.A.4.e of the M-l zoning district to allow as conditional uses the cutting of sub-primal portion of meat (Berry Veal) Attorney Cherof read Proposed Ordinance No. 000-04 by title only Motion Commissioner Denahan moved to approve Proposed Ordinance No. 000-04 Commissioner Weiland seconded the motion City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 000-05 Re: Abandonment three (3) segments of street rights-of-way for Wal-Mart of Attorney Cherof read Proposed Ordinance No 000-05 by title only Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 000-05 Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote The vote was unanimous. 3. Proposed Ordinance No. 000-06 Re: Abandonment of two (2) segments of special purpose easement rights-of-way for Wal-Mart Attorney Cherof read Proposed Ordinance No 000-06 by title only Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 000-06 Commissioner Weiland seconded the motion. Qty Clerk Sue Kruse polled the vote. The vote was unanimous. 4 Re' Abandonment of Proposed Ordinance No. 000-07 street rights-of-way for BAPS Temple Attorney Cherof read Proposed Ordinance No. 000-07 by title only 19