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LEGAL APPROVAL J~d- os- )~)JU0 TRANSMI7TAL - CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX: (561) 742-6259 &,m ~nH~ 9-~CL1.JJ! we: t t:.rr!. 001- E DU22J/ J34..yd ~So6 [;.*,-2~+, 1L 34Cjq~ PLANNING AND ZONING DMSION to: fax #. date: from re: 811Y1 ~n&1~ i 2':1.-00 A.c,;,4 Ua_tl1cJ. CrNoJuu~ Lk~;y+ ref(! ~~ (lM~~ S&/- TY2-0.2t;g {r]1J2.-u.--1vlA /Alii:. 4m~n::in1Rd -tJ to (lJ;lrL I/xl7~ CDt1f~. r~ u.aAt- . _, inclblding CO~eL 5hcc~ ~d t)t?curerU .JJ1Md lJaYl (MJl ~{L~ I pages: Pfanning and Zoning Division Cicy of Boyneon Beach Boyneon Beach. Rorida 33425 742-6260 Fax: 742-6259 j)r(H 00- 00 I ---- The City of Boynton Beach O..~ · >/.'t""~ . *.u . . Ci9' Clerk s Office 100 E. Boynton Beach Boulevard PO Box31O Boynton Beach. Florida 33425-0310 (561) 742-6060 FAX. (561) 742.6090 ~(Q)LP%7 CERTIFICA TION I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that Ordinance #000-02' consisting of six (6) pages and Exhibit A, BAND C consisting of six (6) pages are true and correct copies, as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 31st day of May, 2000 ~ ET M PRAINITO, C M C UTY CITY CLERK May 31, 2000 ~\\\\\\\ 1111" I1111/. IS~YN"'o ~ ~ -. ~ f 0 ~~O~...~ <S) ~ ::: .)" C ~~. t<\ ~ =1-- " "= =- 0= =0 :r- ~ 1920 '6) J ~ . V ~ ~ ~ .......... ~ %,/ '-ORIO'" \\\,~ 1111111/111\1\\\\'\ "An Equal Opportunity/Affirmative Ac6on/ADA Employer" 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 State 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 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 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 Post, a newspaper of general circulation in Boynton Beach Florida, pursuant to Chapter 380 06 Florida Statutes and proof of said publication has been duly filed 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 Officellndustrial (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 Officellndustrial (01) The Palm Beach County School District has purchased these lots for parking and school related purposes Lot SOB. The Land Use Designation has been changed from Officellndustrial (IND) 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. 65B. 66. 67 A. 678 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 Officellndustrial/Commercial (OIC) Page 3 of 6 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 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 B" 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 38006, 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 8 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 38006 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 QZ9 day of rG-BI<t.,LAt:ly ,2000 Page 5 of 6 SECOND READING and FINAL PASSAGE this #/'1A'~ 7 .2000 ATTEST .~ 97t.~~~'C~ C~ Clerk ~\\\\\III" t 11"" ~\\\ ~iON 1/0 S ca\Ord\~"ao;\ ~~....aoe.~~%oo Clean :::: ~ _<,ORA 1"t:-O. " ~ :: 4. 0'<'" -:t. ~ ==0 (,j ,:: = z 1 = ~,.. ~- nQ i ~ ~~\ ",g" I ~ ~ u -.. \ .....,.. ~ ~ ......... ,<:) ~ ~///1. F L 0 '" \\,~ IIIltl/ 111\\\\\\\\ day of CITY 0; BOYNTO FLORIDA (, / ~ / A. ~ /C' Mayo~) . d2AJ/?2~1J Vice Mayor ,-11 ;t/thk~ Mayor Pro Tern ~ issioner Page 6 of 6 '}) , . jCJ . :~.~ J / C I T Y -O-;i'-"'! L.:...:.. 1 I ~ ~e ~ ~P~~..~ ~'"""'" \ ,- 'Ii" 'D.-.e- 1 ~ ~'-"-'-~. - ......_ =ri fJ~" I ...t-4!1!!... ~~- ~ =1tutL'~ j t:: -pM -=T -r-J" ~ \ ~ B '(}.'51Lu.' ={ ~ .~a' ~CJ.~C~ ~.~ / I J '"1' \]) I~i-,' H ^ ^ ~ Z:\\I----.J I ~ B ~ )~1l~ I~("-..II- \"~~ II ~ r1l1~ /.-(- ~ 0r. "L I' H-- I ,J. ~Vr ",-,> I --. J - ~.~~[ , ? lo / (C 3 "~" : ~... ~~ ~ ,t !:.l '-- t~' L: '\: ..,.. . / .'\ r/~ I - ] I ' I , , . ::;;;- . ,..,.'''' .,.., \~ \', . -:' . :nl I I -~ ~ l J \:, \ '\...g ....... . .~~~ /(f '1 I. _ ~?J}-I: - - ..bd\t,....,I[J~': ~ '/' " //' ci1' ~~ 7\ -'. J I ' . . . . . I jT r' - , ..' \ :, -' \ : S YN~~~~.t~. I. 'f,- ~_ ;-:",-'u~K OF CClMME~L.J1;;'; -/; "// .~ ff::1UANTUM PARK] '/l P I D ~~ - - - ~ ,. "MCJTCJF1aL~r- / ~ I I ~I ~.~r ,"'t. ii..--- o.~r ll:'ac,lC ! LV . \ \-- I J 'l ---' ~ ~ \ ~\, ~ ~ ~ PU ..... . '. .. . a l"J v JoJ .... 'O'A,) . C "'" U JOT c- I I - - II '1f '11 , \'1 \ I II II I I , I i 'I" i. " . ','" .. .... .........,1,: 'I I l~ .........'-l... 'iE~}:llliJ ~ -- II 111111 :,::j I ~~_I.I...~.... _ c::: ~ E: ~f=a~ _ -JIl! rr 11 III1 : \Rr:' '11=11 _ _ - = ,-:::::r JU ! ;~%lE ;-: - ~ ~~ ..~y xC..: ....- E= 0 1/8 \tILES/ / !I[ \~ - -~ " ~ I11I I I I~ \. . 'riL I I III ~l......- ill I E I \1 8~Tlr JI 0 400 aGC =~F:T -- ~ - 1 , \ , , , l I I ~ [ ~ , - - - ~ ~ - ~ 1 I ~ . wE: L - - _ \J ~ ~ "I '- ..I - ~I LOGATION MAP QUANTUM PARK Edu-e"Cf II A If Tn "r..... 7/1: . I . [ft. J ==--- -- -- R1AA ..... 2 Lt:u,",L Ut:O)"'KIt" IIV 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 1E44'39" 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 D D Lateral 21, thence North 89E08'49" East along the South right of way line L.W D D 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 D D Equalizing Canal E-4, as recorded in 0 R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida; thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750.00 feet, a central angle of 4E04'17", and an arc length of 5329 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'00" 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 368.96 feet to a point on the North right of way line of N W 22nd Avenue as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida; thence South 19E27'31" East, a distance of 5000 feet to the centerline of N W 22nd Avenue; thence with a curve to the right having a chord bearing of North 75E29'49" East, a radius of 163702 feet, a central angle of 9E53'58", and an arc length of 282.85 feet to a point; thence north 12E02'41" East, a distance of 915 72 feet; thence NorthOE31'11" East, a distance of 39970 feet; thence North 89E12'37" East, a distance of 41321 feet; thence South 88E22'56" East, a distance of 134970 feet to a point on the West right of way line of the Seaboard Coastline Railroad; thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 130909 feet to a point on the centerline of N.W 22nd Avenue; thence North 88E27'31" West, along the centerline of N W 22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a distance of 130669 feet; thence South 88E45'31" East, a distance of 333 51 feet to a point on the West right of way of the Seaboard Coastline Railroad; thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E15'22" West, a distance of 920 57 feet; thence North 88E50'Q4" West, a distance of 187 60 feet; thence with a bearing North OE49'21" West, a distance of 20000 feet; thence North 88E50'Q4" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 40 00 feet; thence South OE49'21" East, a distance of 556 84 feet; thence North 88E50'04" West, a distance of 3617 26 feet to a point on the centerline of the above described centerline of the E-4 Canal; thence with a bearing of North 5E18'14" West, a distance of 153.13 feet, thence with a curve to the rlght having a radius of 450 00 feet, a central angle of 15E36'44", and an arc length of 122.62 feet; thence North 10E18'30" East, a distance of 988.60 feet to a point of curve, thence with a curve to the left having a radius of 45000 feet, a central angle of 18E20'00", and an arc length of 143.99 feat; thence with a bearing of North 8E01'30" West, a distance of 125514 feet to a point on the centerline of N W 22nd Avenue; thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 817 85 feet more or less to the Point of Beginning. Containing 591 55 acres more or less and subject to easements and rights of way of record. 539 85 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 591 55 AC 51 70 AC Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P C 0 Center, containing 13 17 acres, as recorded in Plat Book 60, Pages 106 and 107 of the Public Records of Palm Beach County Florida for a total proposed net land area of 553 02 acres I I oJ tl i i i ! a ! f I i I . i ~ I ~ a a 1 Ii ! . . I H , . i . . I ~ I I ~~. ! ~ ~ f '8. a ~ I · i ::1 ; -1-t ~ I I t ; I 1 1 t 1 . i , ~! .., ... ... u ~ I J ... ... . 1 l~;; - I ~ .n 1 r _ .. ! 'It J ! iH !. · -n !: HI; t- -; w ..8 ~! tnfti::r." 5 il mn i! I J ! S rm a . i i ~ I 1 ~ i ; a ~ t ';1 ~ : ) i r r. ~ ! 5 a r ~ .a nnn Q. ~~ ~z i z~ sg · <5N1 o ..Joll o N ,..,: cD ~ in i I . - . , , . I : I = . "I ,.. '" <( o Z ::J o aI '<: ~ Q. :l ::J Z <( ::> o ; 'I ... - 0 8_...._ii.. .- ~ <E z o ;::: u ... VI I"","""""~ _4 4U IR'r \II . Z 'I 00 'j u j ... .. 11 !i ~" '/ '/ , i~ u... ~ 1oII"_'U_ .a . 0 8 tSa 1$ a ~ I I a : . ,,= H It if 3. . S f: II 11 : i Ii i ~ !' I. Ii ~ II ji I i a If I ~ ~r .a ~ I 1 r ~ . A i JM SSJti:ll'OJ . ! r . . to] ,., It~' Ql OG/t'll/.~ ..,. ,0'_.'''..''''_. ~tlle II I ~ 1 pq ~ ' , - a ~ . i ~ "'0 ~-:.: ~o~ OZC1. ~"':l ~Q2 ...~~ ...Z::> iii~O cr;<( ... ~ :l , !!!~ € I h ~ (3 I ~ 9.h! ~'j ~:, U';iJ 0'1 ::slj i 1 <E EXIDBIT "C" Conditions of Aooroval PrOject name: QUANTUM PARK DR! File number' MPMD 00-00 I Reference: REVISED 1st Review. New Site Plan. Ftle with. January II. 2000 Planntn1r and Zonme D d ki enartment ate stamn mar nlZ. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS Comments. NONE X UTILITIES I The master plan mdicates a significant change in usage from office/ X commerciaVindustrial to nuxed use in several locations. Addmg a residential component will require a re-review of the water and samtary sewer demands to be placed on our systems. Please have the apphcant proVlde estimated demands for all of the proposed changes. FIRE Comments. NONE X POLICE Comments NONE X BUILDING DMSION Comments. 2. Submit a letter describing the proposed changes. X 3 To verify complIance with the maximum intensitIes that are described withm 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 m note two. ENGINEERING DMSION Comments: NONE X P ARKS AND RECREATION Comments: NONE X FORESTERlENVIROm.1ENT ALIST Comments: NONE X PLANNING AND ZONING Page 2 Quan~ParkDRI File No. MPMD 00-00 I 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 #5 Add these lots to the list as 5 II changing the use from "01 or AR" to''MU'. 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 8th Amendment was adopted by the city on June 3, 1997 by Ordinance No. 097-20 The NOPC document, page 5 shows the date of adootion 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 orooosed 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 detcnnining 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 peak 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 reauired bv Ouantum D 0 Amendment #8. 7 Quantum Park DRI development is delinquent in providing the required X annual report for the year 1998. In addition, the 1999 annual report is due 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 Zonine: Deoartment no later than May 1, 2000. 8. Industrial tracts #47-A and #47-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 infonnation before a determination of no substantial deviation is made. The additional infonnation includes: - Traffic analysis data requested by the City and McMahon and Associates which analysis is found by McMahon and Associates not to create additional reltional imoacts. Page 3 Quantum Park 0 R! File No. MPMD 00-001 DEP ARTMENTS INCLUDE REJECT - The Substantial Deviation Determination Chart shoWIng that the Increases and decreases 10 the Quantum Park DR! meet the threshold requirements of Florida Statutes Chapter 380 06(19)(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 perrrut residential use 10 the Industnalland use category 11 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 zomng dlstnct. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COM!vlENTS 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 linuted to a maximum of 500 X dwellin~ units. ADDITIONAL CITY COMMISSION COMMENTS 19 Change comment #5 to be included, not rejected. X J.\SHROA T Al1'lA'IN1loIG\SKAUD\WN'ROlECt'S\QUANn./M lOOO1DlU MPMO oo.ool\CONOITIONS OF APPROV AL CC J.7.00.00c ORDINANCE NO 0 - 01) - 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 ~ hall..... ~~ derIcaI COfI"8CtiGns and restated referene to Exh_ it_ ~'crh-...ar. ~riW'lIarOlnlffdft1lJ"Mairs. . Page 1 of 6 \)I!I~ 00 ,J:; I 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 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. 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&I) from Officellndustrial (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 Office/Industrial (IND) 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. 65B. 66. 67A. 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 Office/lndustrial (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 Officellndustrial/Commercial (OIC) Page 3 of 6 Lots 83. 84. 85. 86. 87 and 88. The Land Use of these lots was previously designated as Office/Industrial (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 Section 3 Master Site Development Plan Amendment No 1 0 as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit "B" 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. 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. 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 38006, 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 day of I 2000 Page 5 of 6 SECOND READING and FINAL PASSAGE this .2000 ATTEST City Clerk day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner S:ca\Ord\Quantum DRI - 2000 - 050200 Clean Page 6 of 6 - - - - - - - . ~ -- ~ ::-. - \... _\I ~ ~ 1 III =- ~\ - ~l - I LO~ATION Mh2 QUANTUM PARK UMCTCFlCLA,: 1 - - ~ f.~V ).~ i'Q, .'t:- i't . i oJ " ~1AA r..... '130V.u~1:JA:' ~A&.:I I I 1111111111111 ~ 1;:: II II II ~ c.............. . ,I-- _ . '~.-1".,.-_...... l- I l\- .....: I R "- '- ~ '\- 1-: I I = ! ;t::\~1 E ; =: - .. ~ vi.C.~: - ... ..~~ -~ .. 't"'"'}! ~ ~ 'CA.,-' - ..~ ........... "j 'g~\1 Jf " . . -... : Illlill ~ l t:7t:1 ...:. LO I 11111 ~ "-;.- I-'~ . - ~~ 0 1 /8 -J; II1I II ~'O 400 aGe &Ju1td- " It If . I I . -/ ~ PL .j 1" I ~ .1. __ IJ . . ,--' m WIIITT _ j ri I if III ),IILESV- ~ '~ IT U ,( I: r 02.. -ZoOO ~ =E~T -... L.CUI\L. UC~~RI'" IIV... A rract of I. j lying partially In Sections 17,20 ;:and 21, Township 45 South, Range 43 East, Palm Beach County, Flor 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 O.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 1E44'39" East, a distance of 1247.06 feet to the South right of way line of l.W.D.D lateral 21, thence North 89E08'49" East along the South right of way line l.W.D.D lateral 21, as recorded In O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635.93 feet to the centerline of the loW.D.D 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'S2" East, a radius of 750.00 feet, a central angle of 4E04'17", and a~ arc length of 53.29 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 6500.00, a central angle of 3E28'30", and an arc length of 394.23 feet; thence North 9E06'30" East, a distance of 1979.16 feet to a point on the North Line of Section 17, thence with a bearing of North 89E 16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" East, a distance of 2625.18 feet; thence North 89E08'49" East, a distance of 368.96 feet to a point on the North right of way line of N.W 22nd Avenue as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida; thence South 19E27'31" East, a distance of 50.00 feet to the centerline of N.W 22nd Avenue; thence with a curve to the right having a chord bearing of North 7SE29'49" 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 399 70 feet; thence North 89E 12'37" 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 22nd Avenue; thence North 88E27'31" West, along the centerline of N.W 22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a distance of 1306.69 feet; thence South 88E4S'31" East, a distance of 333 51 feet to a point on the West right of way of the Seaboard Coastline Railroad; thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26.69 feet; thence South 13E15'22" West, a distance of 920.57 feet; thence North 88E50'Q4" West, a distance of 18760 feet; thence with a bearing North OE49'21" West, a distance of 200.00 feet; thence North 88E50'Q4" West, a distance of 218.00 feet; thence South OE49'21" East, a distance of 200.00 feet; thence North 88E50'04" West, a distance of 4000 feet; thence South OE49'21" East, a distance of 556.84 feet; thence North 88E50'Q4" West, a distance of 3617.26 feet to a point on the centerline of the above described centerline of the E-4 Canal; thence with a bearing of North 5E18'14" West, a distance of 153.13 feet, thence with a curve to the right having a radius of 450.00 feet, a central angle of 1SE36'44", and an arc length of 122.62 feet; thence North 10E18'30" East, a distance of 988.60 feet to a point of curve; thence with a curve to the left having a radius of 450.00 feet, a central angle of 18E20'OO", and an arc length of 143.99 feet; thence with a bearing of North 8E01'30" West, a distance of 1255.14 feet to a point on the centerline of N.W 22nd Avenue; thence with a bearing of South 89E04'32" West, along the centerline of N.W 22nd Avenue a distance of 817.85 feet more or less to the Point of Beginning. Containing 591.55 acres more or less and subject to easements and rights of way of record. 591.55 AC 51 70 AC GROSS LAND AREA OF QUANTUM PARK lESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 539 85 AC Together with the addition IJf all land (lots 80, 81 and 82) lying within the plat of the P C 0 Center, containing 13.17 acres, as recorded in Plat Book 60, Pages 106 and 107, of the Public Records of Palm Beach County, Florida, for a total proposed net 'and area of 553.02 acres. ~ w L ~ 1 Cl ~ (iq on ~ ~ ~ : i .... a.. . II ~~ ! ~ ~ ::::Ez i ;~n I B B BiB i i 8 i i i 8 z~ !!ii i a.. oE! . Ip ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ 8 = ~o ~NI >- ~ -I; S a:: I ~ ~ ~ I : = ~ : . ; , i w- ~ i ~~Ii !--!l !l ~ h-n ~ci~ ..J.Id z 1~llllltiti ~ gZa.. ::J ; ____B ~ ~ I 0 0 _ m.; i ~"'::::E '" lD ~ ! i 0 . ; ai' I J ~ i ; ~ o~~ ,..: ~ ~ ~i!' u, D i =~Z~~ ~~~ iii a:: _oooioi! 0- .', _._ c( r ~ II Z::J '-. Q. ~ ~ (II~O Z ::::E i! ct:c( 0 >= ::J ~ UJ I- ~ U Z W c( (II ::J ::::E 0 lDJ"~""""" 014: sn OW' Sl:1 0 z . ! . 0 o ~ II: ; :z I";~ ~ . 0 t S ~ l ~ i ~ ~ ~ ~ ~ II : . U II H il t e * 5!l~ I e ~ il~ M !!. 3~ r ;1 U ~ i I. l~ ~ I ~ !!!I i I i <il 3^Y SS311:lNOO iI U~~ 1!Un ~ , ~ ~ I :! ; ~~ 4;~ · 'J g-~b ~I' I oJ I .. z 1 ~ .. j" ~ u ~ "- III . . i! i Ii; ~ i !! ~ ; ; ~ e ~ t ~ 8 ~ i a ~ l ! ~ i ~ ~ I ~ ~ l! ~ ~~~I~ - X X K ; ~ I , = o ,. ! ! ~ l! I ~Bli 88 :::3 hi 10] ,.... It.~l OL <l!l .! . I)()/o~/"o 6..p tQx...onb\f>"P\Jonb II"'" lIw\:'ll , i CGtAZicf 1'8 {( EXHIBIT "C" CondItions of Aooroval Project name: QUANTUM PARK DR! File number MPMD 00-00 I Reference: REVISED 1st ReVIew. New Site Plan. File WIth. January 11. 2000 Planning and Zomng D d b enartment ate stamn mar mr. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments. NONE X UTILITIES 1 The master plan Indicates a signIficant change in usage from office/ X commercial/industrial to mixed use in several locations. Adding a residential component will require a re-review of the water and sanItary sewer demands to be placed on our systems. Please have the applIcant provide estimated demands for all of the proposed changes. FIRE Comments. NONE X POLICE Comments: NONE X BUILDING DMSION Comments. 2. Subrmt a letter describing the proposed changes. X 3 To venfy compliance 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 categonze them In the land uses that are identified in note two. ENGINEERING DMSION Comments: NONE X PARKS AND RECREATION Comments. NONE X FORESTER/ENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Page 2 Quantum Park DR! File No. MPMD 00-001 DEPARTMENTS INCLUDE REJECT Comments: 4 The Notice of Proposed Change (NOPe) document which accompanies this X Master Plan revision does not account for Quantum Lots 83-88 in the narrative provided for QuestIon #5 Add these lots to the list as 5 11 changing the use from "01 or AR" to"MU" 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 8th Amendment was adopted by the city on June 3, 1997 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 0 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 deterrmning 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 peak 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 # 1 0 This traffic analysIS will be reviewed by an independent traffic consultant as reqUired by Quantum D 0 Amendment #8. 7 Quantum Park DR! development is dehnquent in providing the required X annual report for the year 1998. In addition, the 1999 annual report is due February 15, 2000 Annual reports must be provided in order to maintain the existence of the DO and the vested nghts 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 Zonin2 Department no later than May 1, 2000. 8. Industrial tracts #47-A and #47-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 determination of no substantial deVIatIOn is made. The additional information includes. - Traffic analysIS data requested by the City and McMahon and Associates which analYSIS is found by McMahon and Associates not to create additional remonal impacts. Page 3 Quantum Park DR! File No. MPMD 00-001 DEPARTMENTS 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(19)(e) S.c. 10 Approval of the Master Plan is contmgent 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 cateJ;!;ory 11 Approval of the Master Plan IS contingent upon the approval of the X applicant's code revision request to pernut residential development for large scale projects in a PID zoninJ;!; 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 dwellinJ;!; units. ADDITIONAL CITY COMMISSION COMMENTS 19 Change comment #5 to be included, not rejected. X J:ISHRDATAIPl.ANNJNGISHAREDlWP\PROJECTS\QUANTUM 2000\DRI MPMD OO-OOllCONDITIONS OF APPROVAL CC 3-7-OO.DOC MAV-02-00 16 05 FROM 10 PAGE 2/7 CONFORMED ORDINANCE NO 0 - 00 rnoo&~u AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FlORIDA, PROVIDING FOR A DETERMINATION WHETHER CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAl IMPA.CT 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 CONSTtTUTE A SUBSTANTIAl DEVIATION UND~ CHAPTER 38006. FlORIDA. STAnJTES, 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, ~10. 94-51 96-33.96-65,97-20 AND 99-O5) FOR PURPOSES OF INCORPORA. TlNG THE APPROVED CHANGES, AND PROVIDING AN EFFECTJVE DATE. WHEREAS,Riteoo OevelOpritent CorporatiOn. a Florida ootporation ("Riteco-) :" ,. - . filed with the City of"8oynt~lr~ (the -City.) an Application for Development ApprO'tltJl of Comprehensive Deve'~nt of Aegiol1aJ rmpaCt (the MADAj on May 21 1984, , ~ regarding that certain property (the- 'Propeity") c;tCsc:ribed in Exhibit -A" attached n8l8to . I and made a part of hereof; and or WHEREAS, the ADA ~ approved <fi1d- the OeveJopment Order for the Property - ~ } was granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Oevelopment Order") , and j WHEREAS, Riteco su~uenUy conveyed its right, title and interest in and to , the Property to Boynton Part<:-of ComrMlCC, Inc. a Florida corporation ("'Boynton Par\-), _ > _i and, Boyn1On Park, in turn, $Lib5eqUe~Y conveyed its right. title and interest in and 10 "), the Property to Quantum Assoc.ate&. a Flonda ~ par1nership (the "Developer"); 1\ t I and p WHEREAS. the CIty approv9d 'prev\ous applicationS to amend the Development Order which applications were ~pproved by the City in Ordinance No. 86-11 Ordinance .... _. 4 f' ~ 'P'ttf< ~ 00-00/ ------.----- -----~----. MAV-02-00 16 0S FROM 10 86-37 Ordinance No. 88-3. Ordinanc:e No. 94-10. Ordinam;e No. ~51 Ordinance 96- 33, Ordinance No., 96-$5, Ofdinanoe No. 97-20, and Ordinance No. ~ ~~ ~.,.~ l'ha proposed change is requested without an inoruasG in the total vested trip generation of 65,752 trips; No Change to the DR! 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 authori7.ed and empowered to contider applK;ations for amendments to develOpment. orders approving developments of reglOO8J impact . pursuant to ChaplBf 380.06, Florida Statutes (1996); and WHEREAS, !he City CommIssion has considered the testimOny reportS and other documentary evidence submitted as said publ~ heanng by Quantum, the City $taft and the public, and the City Planning and Devefppment Soard's letOllvnendatiOn of the ~ cay of FebnlalY 2000; and WHEREAS. said City Commission haS COl\$lcSered the testimony, lepo\1$ and other doaJmentary evidence slJbmrtted at said public hearing by Quantum, the City staff and the publiC, and the City Planning and Development Board's recommendations of tI1e 22nd of February 2000; and WHEREAS. said City CommlSSlon hilS considered all of the forgoing. . NOW THEREFOR~, BE rr OROAINED BY THf: CITY COMMISSION OF THE CITY Of BOVNTON BEACH. FLORIDA, THAT Section :t A notlce of public heat1ng was duly published on the 26th day of February, 2000, in the Palm Beach POSt, a newspaper of general circulation in Boynton Beach, Flonda, pursuant to Chapter 380.06 Flortda Stat&.rt~. and proof of said I publication .". been duly fjl~. ^-- "" PACE 3/7 MAV-02-00 16 05 FROM IO Section 2. The Development Order shall be amended to include the fotlowing provisions: Lotli 3 and 6 The lot 3 and Lot 6 Land Use Designations have been changed to Industrial (INO) from Offieellndustrlal (01). The change is made to be consistent with t"e 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 S'hool District has purChased thlN08 Jots for parking and scnool related purposes. LQLSOB: The Land Use Designation has been changed from Officenndustrlal (IND} to Industrial. lots 59. 60. 61. 62: These Jots were previously deSignated as Office/lndustriaJ (01) land Use. The Land Use has been revised to -Mixed Use (MU)" The proposed Mixed Use Land Use DesignatIOn includes office. commercia! and reSidential uses~ ~ Lots 63.64. 65AJ66. 67A. 678 and 67C: These lots were previously designated as Office/Industrial/Commercial (DIC) land Use. The Land Use has bsen reVised to "Mixed Use (MUt 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 (Ot). The previous Office/lndustrial/Commeraal (OIC) Land Use Designation was amended by Notice of Propgsed Change No. 9 and the revised Master Plan submitted II'l support of ttlat change It Is proposed to change the CleSignation to OfficeilndustriallCommercJat (Ole). lots 83. 84. 85. as. 87 and 88: "'_ - "'..I ~ PAGE 4/7 PAGE S/? 10 MAY-02-00 16 06 FROM The Land Use of these lots was preVIously designated as Officellndu$1rial (01) or Attraction and Recreatron (AR) Land Use. The Land Use nas been revised to "Mixed Use (MUr The prOpOSed Mixed Use land Use Designation Inetudes office col1"lfnef'Cial and residential uses. ADD NEW SEC!ION 3 - ~ee last page SectiOn 14 The Development Order shall also be amendecl to include the D~, 5, 7. 8. 11 and 18 Conditions of ApprOval,l attached and incorporated herain as Emibit _ "en SectIon ~5 Upon ~nslderatJOfI of aft maners aesertbed in SectIon 380.06 Flonda Statutes (1996), it is hereby deterrnned that A.. The amendments proposed by Quantum do not unreasonably .lntetfere WIth the actlleveme!'t Of the objectives of the adopted state land development plan app~ble to this area. 8. The amendments proposed Oy Quantum ate COl'\$lstent with the loca! comprehensiVe plan and are, or wilt be. consistent 'Mth the local J land development regulations. subject to tho conditions outfined above. C The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast RegIOnal PlaMing Counal. subject to the conditions outlined above. r r D. The amendmenlS proposed by auantum do not aeate any additional regional impacts and therefore do not constitute a substantial daviation undet Chapter ~O.06 Florida StatufBs (1996). Section I.6The eity Commission has conduded as a maber of Jaw that these proceedings have been duly conducted pursuant to the prov;sions of Chapter 380.06, Florida Statutes (1996)~that Quantum IS entitled to the relief prayed and applied for and that the Development Order is hereby amended incorporating the amendments proPOSed by Developer as set forth in Section 2 above. MAV-02-00 18 08 FROM to Section :17 Except as otherwise amended herein. the Developmenr Order shall remain In full force and effect. Section %BAli ordinances or parts of ordinances in conftict herewith are herebY repealed. SeetiOO igShould any sectiOl1 or prOVISion Of thl$ ordinance or portton hereof, any paragraph. sentence or werd be declared by a court of competent jurisdiction 10 be invalid, such deei$iori shall not affect the remainder of this OrcJtnance. ADD SECTION il Section ~'i\uthorl1y is hereby granted to codify said ordinante. - S\'R~~~ ordinance shall become effediw immediately upon passage- " -- "- FIRST READING this __ day of , 2000. _ - ~. ;_ J ,.,.1:'" SECONO READING and FINAL PASSAGE Ihis day of , I. t _ .2000. Cl TY OF BOYNTON BEACH. FLORIDA t- Mayor Vice Mayor ) i :Mayor Pro Tem Comm18s.ioner I Commissioner ATTEST Ci.ty Clerk $;OlI\Orv'Cuanfum ORI- 2000 a...,.,^ t: ... ,. PAGE 8/7 MAY-02-00 16 06 FROM ID PAGE 7/7 ADD NEW SECTION 3' NMasrer Site Dl!'tJtlopmtnt Plan Amendment No 10 as submitted to th~ City. a copy of which is attached bereto and mo.4e a part hereof as 1!.xbi1nt '7r yeplaces and supersedes tbe Mastn- Sire De'CJelopment Plan currently appr()IIJeJ in "t1;~ IH-Pelopment Order" NEW SECTION 11 "This ConfMm<<l Ordinance Tep~es the eristing Ordinance No 0-00- 02 to COTRct C~ln scriveners errors so as to conform the Ordinance to the matter as passed Jq10rt by the City Commmion," ) l]f@...lJ w ~/n): J P APR I I 2GCG ' @ -J ~. ORDINANCE NO O-OO-~ I 1 l ~._-- J 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. ~ :i} r-..... '. WHEREAS, Riteco Development Corporation, a Florida corporation rRiteco") led with the City of Boynton Beach (the "City") an Application for D~velopment 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 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 he Property to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"), and, Boynton Park, in tum, subsequently conveyed its right, title and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Deve/oper"); 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 33, Ordinance No, 96-65, Ordinance No. 97-20, and Ordinance No. 99-05, and Recreation (AR) land use designation for this lot to reflect the approved development as a dual ice rink-~kating 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 rec;ommendation 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 380 06, Florida Statutes, and proof of said publication has been duly filed. S tion . The Development Order shall be amended to include the following provisions: Page 2 of 5 The lot 3 and lot 6 land Use Designations have been changed to Industrial (IND) from Office/lndustrial (01). The change is made to be consistent with the approved Site Plans for warehouser 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/lndustrial (Ol). 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 Office/lndustrial (IND} to Industrial.. lots 59. 60. 61. 62: These lots were previously designated as Office/lndustrial (Ol) land Use. The Land Use has been revised to "Mixed Use {MUr The proposed Mixed Use land Use Designation includes office, commercial and residential uses.. hese lots were previously designated as Office/lndustriaVCommercial (OIC) land Use. he land Use has been revised to "Mixed Use {MU}" The proposed Mixed Use land Use Designation includes office, commercial and residential uses. lot 76 81 and 8 . ese lots are currently designated as Office/Industrial (Ol). The previous Office/lndustriaVCommercial {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/lndustriaVCommercial (OIC). lots 83 The land Use of these lots was previously designated as Office/lndustrial {Ol} or ttraction 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 Section 3. The Development Order shall also be amended to include the 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), 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 hat 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 .dt9 day of ~~~UA,q, Y .2000. SECOND READING and FINAL PASSAGE this -.7 _ day of /l1/p~a'" . 2000. , FLORIDA '-- M or 4 ~/~~ Vice Mayor _ Mayor Pro T~ ~ Cormnl.ss~oner ~ Commissioner TTEST ~\\\"\l1I """'l ~,\'\ :-(~TON ;/~ ._~~~o ..... ~_~_ s.~ J~~ ~ i(, .~o " ~ ::: 0 ICJ ~ ~ => ~ :: %~ l:S \9'2.~ J ~ ~ _.... ^'r' ~ ~ . \.Y ~ ~ FLO~ ~ ~1. \\" 1111'''"11 \I \\\\\'\ Page 5 of 5 ~\!N~I ~'Tl JiI-- "~ 'i'"Gl ,1 ,."\'f"~ L ;; I 'L. 'i l'I~: · ....,." i' .,.;,I"',.... . -r" ....,;;.,.~~I'"! ~ ~ _~.= : . c:' ,.....~rrr)- ~ . t:J-d~ .\:::: :--" 1- '\ UJ.. \:- " _ r.t ~_ \ \ \ -:. · ,iff. ~ Gl i"I.\I J..!- . ::, ,\~id" " .. ~ T ~ ' ;:, 't"ZI __ >.. T ,~ W~ "'",: ~ rf~-V~ ...-\ A'\.AA~~~ ~ ~n~ d7i" ~ -, n. ~ ~ ~ ~ '-:5.. - '- -}. 9 --.................... ,~ ~ : "V ~l L I J- \ If:\ ,,_ ~r.; ... ,_ ' I _\ r. ~ .!r~ \UTi ,,' 1 .,. -- :.-c..... ~,I ~o . ~~ :....; 11 ~ L./;WJ.' J ',,\ - - > . (~. '\ ' ~ -1/ ' \ 0/ ~ 1- ~ , ;J . ~ \' \ " \~ ';Ii ~ . '. ~ ~ ~/ -; . ...... .'.' ". , '. . \ ::. . =:-- I " \ ~ ~, ' ~ 7. 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J' '-. ./ t~:' i ~ r .1, . .1 , ~ l. .! , ~ ., " ~ .. i a '::: j-l"1 !~~ --~ ..I''::~ ~~: -'>I~ ~~3 ~~ - ;: ~ . I , III I~~l'; !. f"r;. !. I..,. J i if~: ~:IJ if; I , , . ~ r ! I 'II IIII I 'I \' I I i I ! I I! I' ,i! II I: ,I EXHIBIT "B'" CondItIOns of Approval Project name. QUANTUM PARK DR! File number. MPMD 00-001 Reference. REVISED I st RevIew. New Site Plan. Department date stamp marking. File wIth. Januarv II. 2000 Plannmg and Zonmg DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments NONE X UTILITIES 1 The master plan indIcates a sIgmficant change m usage from office/ X commercIal/industrial to mixed use in several locations. Adding a resIdentIal component WIll reqUIre are-reVIew of the water and sanitary sewer demands to be placed on our systems. Please have the applicant provide estimated demands for all of the proposed changes. FIRE Comments. NONE X POLICE Comments. NONE X BUILDING DIVISION Comments. 2. SubmIt a letter describing the proposed changes. X 3 To verIfy complIance with the maxImum intensItIes that are described X within note number two, submit square footage computations of the gross floor area of the eXIstmg 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 m the land uses that are Identified in note two. ENGINEERING DIVISION Comments. NONE X PARKS AND RECREATION Comments NONE X FORESTERlENVIRONMENT ALIST Comments. NONE X PLANNING AND ZONING Page 2 Quantum Park DR! File No MPMD 00-001 DEPARTMENTS INCLUDE REJECT Comments. 4 The Notice of Proposed Change (NOPC) document whIch accompames this X Master Plan revision does not account for Quantum Lots 83-88 In the narratIve provIded for QuestIon #5 Add these lots to the lIst as 5 11 changing the use from "01 or AR" to"MU" 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 8th Amendment was adopted by the CIty on June 3, 1997 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 # 1 0 6 Under the condItIOns of Amendment #8 to the Quantum Park D 0 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 determining If the proposed changes will generate addItional regional Impacts pursuant to Chapter 38006 (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 peak analysis for uses proposed In Amendment # 1 0, partIcularly the 500 residentIal umts, - 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 # 1 0 ThIS traffic analysis WIll be reviewed by an independent traffic consultant as requIred by Quantum D 0 Amendment #8. 7 Quantum Park DR! development IS delinquent in provIding the reqUired X annual report for the year 1998 In addItion, the 1999 annual report is due 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 Zoning Department no later than May 1, 2000. 8 Industrial tracts #47-A and #47-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 determination of no substantial deVIatIOn IS made The addItional informatIon includes. - Traffic analysIs data requested by the CIty and McMahon and Associates which analysis is found by McMahon and Associates not Page 3 Quantum Park DR! File No. MPMD 00-001 DEPARTMENTS INCLUDE REJECT to create addItional regIonal Impacts. - The SubstantIal Deviation Determmation Chart showmg that the increases and decreases in the Quantum Park DR! meet the threshold requirements of Florida Statutes Chapter 380 06(19)(e) 5.c 10 Approval of the Master Plan IS contmgent upon the applIcant filing for and X receIvmg approval for a text amendment to the Comprehensive Plan to permIt resIdential use m the Industrial land use category 11 Approval of the Master Plan is contingent upon the approval of the X applicant's code reviSIOn request to permIt resIdential development for large scale projects in a PID zoning dIstnct. 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 # I 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 mcluded, not rejected. X 1:\SHRDA T AIPLAN!IolNGISHAREDlWPIPROlECTSIQUANTUM 2000IDRI MPMD 00-00 IICONDITIONS OF APPROVAL CC J-7-00.DOC ORDINANCE NO 0 - Oo-d,A 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 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 he 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 he 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 6 ~ -- ORDINANCE NO 0 OO-?!" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2. ZONING, BY AMENDING SECTION 7 E. USES PERMnlED TO ALLOW RECREATIONAL AND ATTRACTIONS AS DEFINED FOR THE INDUSTRIAL LAND USE CLASSIFICATION, MULTI-FAMILY RESIDENTIAL, AND MIXED USE RESIDENTIAL/COMMERCIAL USES IN P I.D.S TOTAUNG A MINIMUM OF 500 ACRES, BY AMENDING SECTION 7 F 1 USES PROHIBITED TO EXCLUDE MULTI-FAMILY FROM PROHIBITED USES, PROVIDING FOR CODIFICATION, CON FUcr5, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida :has determined that it is in the best interests of the citizens and residents of the ~a #UlAl/H(/:, 4.?f#t::I City to amend certain c;ections of the Code of Ordinances to allow Recreational ined for the Industrial Land Use Classification in the Multi-Family Residential, and Mixed Use 'ses in PID's totaling a minimum of 500 Acres; and .E, BE IT ORDAINED BY THE CITY COMMISSION "ON BEACH, FLORIDA, THAT: ~r 2, Zoning, Section 7E, is hereby amended by adding 1derlined type, and by deleting the words and figures )lIows. , In the PID, a building and its customary ancillary Ises may be erected, altered and occupied for any __, 1-'1 ulessional, business (wholesale or retail), educational institution, adult entertainment, in accordance with Section l1.M., recreational and attractions as defined for the industrial land use classification. multi-familv residential. and mixed use residential I commercial uses in PID's totalinG a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and development board Rumpf, Michael From. Sent: To Cc. Subject: Cherof James Monday March 06 2000 2:58 PM Kruse Sue Rumpf Michael, Galav Lusia Hawkins, Wilfred Greene, Quintus Quantum Please recall our discussions regarding the need for a second public hearing on Ordinance 00-03 That public hearing must be advertised as set forth in F S 166041 (3)(c)2a. and b The second public hearing and third reading of the ordinance will be 3/21/00 Please confirm that notice is being published and following publication provide me with a copy of the proof of publication. Thanks 1 Facsimile TRANSM/7TAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD PO BOX310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION c%J j-OSA-CUJ /~~ dd &"" ~6ff' Cury.P:tDf!n~ ; 9~L/- 1-'r)~ i923 . 0:2-J.>-00 ~ \ . Ot'~ mav, ~ f!i4-i<-A.b<- (507) 7-'1.2 - ~ ;L(",z ~m Note!) ;J/c.I ()~t1zn~ , to: fax #- date: from re: pages: 6, mcluding cover sheet. ?n-- ( ~ockd ~ n;;{-- C!dYYLf'KJJ~ ~ '+t..t- cI.:eof+ m-1.{./h2/n~ fhMk &2 -zdl/'it,cL l.!:fAd- Jr+ q / tvla;/- I2.Qlrr2J./~ ak ~ CuN-eJ- (QIC.) ~~nc-fzc1-. ~ Rl?(l cI~ ~ ~.J2~ l/1-al- ~ lee fQLL '1o.ds f.)..Vlch--r ~ /4f-JyaC-::/?{/j-D I~u.ec-ho..- C V Jtt"DI Luu. cwe~~ CUJ chf-'~ t:t I!.h"-f'h 380 Db 41>0 I ~ lkdu",- ~ }Aodd!xJs. nl'J.4 mdicded!o ~_ ~+ ~ .ll-~ t~lb~ ~od- Lofs l~/g/ard8) tuiil /lM ch2I"hjL t:lt0f- fY\~ 0J4l..2:J.e S~ ~1nl;vef<:s<t , wJ '!i'-2~~. ~ C!h~ ..)/J Y1of-~~ oJ (j J j I cL (lD rRJ-~tJJ ~ .--ft ~, );:kVL LudJ. ~o t%2- u pd2le1:1 }<-Je... Lvcdecl f)( ~ ~ _ L >>J- YOu kMl.{.: Planning and Zoning Division r ~ . \0C\.:2 - Ztllf.J2.-' ;z> f ( I A City of Boynton Beach ~ '(n~ Boynton Beach, Florida 33425 ,? cJ~ {l L' ~I~ rZlM1rll-rJ. j)'12Rc:ku 742-6260 Fax: 742-6259 ~ANSM ISSION VER I FICA TI Ot~PORT TIME 02/25/2000 15 50 NAME BOVNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/25 15 47 91954771492385085 00 03 33 06 OK STANDARD ECM Fab-17-00 09 Ohm From-~pHEN NORRIS S"--~ER WEINBERGER 561UW04 T-383 P 02/07 F-919 tit'( lJ~4f:r AN ORDINANCE OF THE OF BOYNTON BEACH, FLORIDA, PROVIDING ETERMINATION THAT CHANGES TO THE CO SIVE DEVELOPMENT OF REGIONAL IMPACT VED L~ ORDINANCE NO 84-51.ANDt\MEND ORDINANCES NOS 86- 11,86-37,88-3 94-10.94-51,96-33.96-65,97-20 and 99-05 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1996, DETERMINL~G THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES. APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51,86-11,86-37.88-3.94-10,94- 51.96-33,96-65,97-20 and 99-05) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES. AND PROVIDL'IG AN EFFECTIVE DATE. WHEREA~ Rlteco Development Corporauon, a Flonda corporation ("RITECO") filed with the City of Boynton Beach (the 'City") an Apphcation for Development Approval of Comprehensive Development of Regional Impact (the ADA") on May 21, 1984, regardmg that certain propeny (the "Propeny") described m Exhibit "Au, attached hereto and made a pan of hereof; and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18. 1984 pursuant to Ordmance No. 84-51 (the "Development Order"). and WHEREAS, Riteco subsequently conveyed Its right, utle and interest in and to the Property to Boynton Park of Commerce, Inc. a Florida corporauon ("Boynton Park"), and. Boynton Park, in turn, subsequently conveyed lIs nght, title and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"), and WHEREAS, The City approved preViOUS apphcations to amend the Development Order, which apphcations were approved by the City in Ordinance No 86-11. Ordinance No 86-37, Ordinance 1\0 88-3, Ordmance No. 94-10, OrdInance No. 94-51, Ordinance No. 96-33, Ordinance No. 96-65, Ordinance No. 97-20 and Ordmance No. 99-05. and WHEREAS, the term "Development Order" lOcludes all amendments thereto; and Letters;qlpl:qlplgncs:99004 11.J009c:gjh.doc 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- 33, Ordinance No , 96-65, Ordinance No 97-20, and Ordinance No 99-05, and WHEREAS, the term "Development Order" includes all amendments thereto, and WHEREAS, on or about July 20, 1998 Developer conveyed the remaining land owned by the Developer at that time within the Property to Quantum Limited Partners, Ltd , (Quantum), and WHEREAS, Quantum has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC") requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan as follows 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 Industrial (G&I) from Office/Industrial (01) The Palm Beach County School District has purchased these lots for parking and school related purposes Lots SOB The Land Use Designation has been changed from Office/Industrial (IND) 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 propsoed 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 Page 2 of 6 Flb-I 7-00 DR Dla. From-COHEN NORRIS r~RER WEINBERGER 56184Z41 04 T-383 P 04/07 F-R19 RecreatIon (AR) land use designation for tlus lot to reflect the approved development as a dual ice rink - skating facility The proposed change is requested wIthout an mcrease m the total vested mp generation of 63,752 trips. No change to the DRI IS proposed other than as set forth herem~cause of the multiple land use deSIgnations on many of the lots withln the DR! project, the applicant submits that ,-::7 vrt()~;t- 0' v/J e completion of the Substantial Devlauon Detenninatlon Charge would not be producnv~ NO :tu 1aL:> (e WHEREAS, the City Commission of Boynton Beach, as the governmg body having ~ f~ jwisdicuon, is authorized and empowered [0 consider applications for amendments to development ~ orders approving developments of regiona11mpact pursuant to Chapter 380.06, Flonda Statures (1996); and WHEREAS, SaId City Conunission bas considered the testimony, reportS and other documentary eVJdence submItted at said public hearing by Quantum, the City staff and the public, and the City Plannmg and Development Board's recommendations of the 22nd of February, 2000' and WHEREAS, said City Cormmsslon has consldereci all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMlSSIONOF THE CITY OF BOYNTON BEACH. FLORIDA, THAT, Section 1 Anotice of public hearing was duly published on the day of February 2000, in the Palm Beach Po~t, 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. Tbe Development Order shall be amended to include the followmg provisions. Lots 3 and 6 The Lot 3 and Lot 6 Land Use DesignatIons have been changed to Industrial (IND) from Office/IndusUiaJ (01) The change is made to be consistent WIth the approved Site Plans for warehouse, storage and distribution developments. Lettets:qlpJ;qiplgnc!;99004 II I00gegjh.doc Flb-1T-00 DB DBa. From-COHEN NORRIS ~~~ER WEINBERGER 56184 Z41 04 T-3B3 P 05/0T F-BJB \ t1s-hh -hVhJ The Land Use Designation for the lots has been changed to Governmental and Innstfutl I,.ots 39 and 40 (G&l) from OfficelIndustrial (01). The Palm Beach County School District has purchased these lots for parking and school related purposes; (f~ts SOB The Land Use Designation has been changed frum OfficellndusUlal (01) to Indusuial (IND9 _ ~E!d-2l:t.. ~ ~ Lots 59 60.61.62 These Jots were prevIously desIgnated as OfficelIndustnal (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. Lars 63. 64. 65A. 65B. 66. 67 A. 67B and 67C Tbese lots were previously desIgnated as OfficeJIndusmallCommercial (OIC) Land Use. The Land Use has been reVised to "Mixed Use (MU)" The proposed Mixed Use Land Use DeSignation includes office, cormnerclal and residential uses. LoLc; 76. R 1 and R2 These lots are currently deSIgnated as OfficeJIndustnal (Ol). The previous OfticelIndusmallCommercial (OIC) Land Use Designation was amended by Notice of Proposed Change No.9 and the revised Master Plan submitted In suppon of that change. It is proposed to change the deSignation to OfficelIndu~tna1lCommercial (OIC). Lots 83. 84. 85. 87. 87 and 88 The Land Use ofthese lots was preViously designated as OfficelIndusmal (OJ) 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 Leners:qlpl:qlplgncs:99004 11 J009cgjhdoc ..... F.b-J7-00 08 08am From-COHEN NORRIS . --'~ER WEINBERGER T-383 P 06/07 F-818 Lot 91 ) /' t'f\ e OfficelIndusmallCommercla1 (OIC) designanon has been changed to AttractJon and Recreation (AR) land use designation for this Jot to reflect the approved development as a dual ice rink - skating facility The proposed change is requested wllhout an mcrease In the total vested trip generation of 63,752 tripS No change to the DRI IS proposed other than as set forth herein Because of the multiple land use designations on many of the lots Within the DR! proJect, the applicants subIIUt that completion of the Substantial Deviation Detennination Chart would not be productive. S~ction 3 The Development Order shall also be amended to include the Condil1ons of Approval, auached and incorporated herein as Exhibll B" S,sctlon 4 Upon consideration of all maners descnbed in Section 380.06, Florida StatUtes 561 84Z41 04 (1996), It IS hereby determined that: OW ~ D QIJr \~ 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. (~ The amendment proposed by Quantu~~slsten( with the ~ocaJ comprehensive plan an~d develop~( 1!&.-u1~SUbject to the :nditions outhned above ~ Lode (CQ.V/S10Y\ 2f'P~ ~~1ZPCJ '1'--"';;" The amendments proposed by Quantum are conSIStent with the \J ~d~~ In '2d\l~q recommendatIons of the Treasure Coast RegIonal Plannmg Council. subject ,-J B c. to the conditions outlined above. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constItute a substantial deVIation under Chapter 380.06, Flonda Statutes (1996). Section 5 The Cny Commission has concluded as 11 matter of law that these proceedings have heen duly conducted pursuant to the provisions of Chapter 380 06, Lenen:qlpl:qlplgncs:99004 11 :l009~&ih.doc F.b-17-00 DB OBam From-COHEN NORRIS ~RER WEINBERGER 561 B4W D4 T-383 P 07/07 F-BIB Flonda Statutes (1996), that Quantum is entitled to the rehefpr.lyed and applied for, and that the Development Order 15 hereby amended incorporanng the amendments proposed by Quantum as set fonh in Secuon 2 above. Section 6. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 7 All ordmances or parts of ordinances in conflict herewith are hereby repealed. SectIOn 8 Should any section or proviSIOn of thIS ordinance or ponion hereof. any paragraph, sentence or word be declared by a coun of competent jW'isdiction to be invalid. such decision shall not affect the remainder of this ordmance. , Section 9 Authority IS hereby granted to codify said ordinance. Segron 10. This ordmance shall become effective immedIately upon passage. FIRST READING lilb day of Febroary, 20QQ SECOND READING and FINAL PASSAGE this 71b day of March, 2000, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Comnussioner CommisSJoner ATIEST City Clerk Lerrers:qJpl:qlpJsncs:99004 ] J I00gegih.doc -.----- -- ---.---- -- --~~---------.._.- Fib-IT-DO 09 01im From' ~~N NORRIS ~RER WEINBERGER 561 B4Z~J 04 T-383 P 01/0T F-919 CC'1?_~ ~iJwl ~ LA W ",PFICES OF COHEN, NORRIS, SCHERER, WEINBERGER & WOLMER 712 U. S. HIGHWAY ONE, FOURTH FLOOR NORTH PALM BEACH, FLORIDA 33408 TELEPHONE (561) 844-3600 TELECOPIER (561) 842-4104 TELECOPIER TRANSMISSION REOUEST Ftc Loao "\ TO'~~ FILE NO 9c./c//r NO. PAGES INCL. COVER. '1 INSTRUCTIONS. .6..,.. \. ~.,--J FROM. DA VID B. NORRIS, ESQ DATE. ~ /1- ~ CUENT ~~~ C/ TELECOPY NO :; ~r'" ~ t7 5" t./ I - cf~ ~ ~ ~,-., ~7~ ~ f{ FyI tJ [~ The ~nforma~ion containea in ~h15 ~] ~denti51 :e ia in~ended for the use of the .nc er of thi.e me8Bage 18 not ~he intended recipient yu~ ~_~ .~-~-J ,mination, a~stribu~ion or copying of this cormnunicaeion is strictly prohibi~ed If you rec~ive ~his communicat1on in error please notify us immea1ately by telephone (collect) ~nd return the or.ginal message to ua at the above addre&s via the U S Postal Serv~ce We will reimburse you for postage andlor telephone expenses Thank you r,....... fl -- ,- I' , l ! - I .. ! ..-!---- .. __ I 8 r- I L---------~ i [ ~ -. _-~____.~ -~ -.:. _=-:\ '-- ~ ~ , ~ DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 00-065 TO Sue Kruse CIty Clerk FROM {1t.J~ Michael W Rumpf Plannmg and Zomng DIrector DATE March 10, 2000 SUBJECT QUANTUM PARK DRI at Boynton Beach DRIA-OOl and CDRV 00-001 Accompanymg thIS memorandum you Will find a copy of a request for a legal advertIsement prepared for the March 21, 2000 Boynton Beach CIty COIrumssIOn meetmg for the above- referenced DRI amendment and code reVlSlon applIcatIOns. The legal advertIsement wIll be forwarded to your office after reVIew by the CIty Attorney MWR.dIm ~11'tL J.\SHRDA T AIPLANNING\SHARED\WPIPROlECTS\QUANTUM 2000\DRI MPMD OO-OOI\MEMO-LEGAL.DOC REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below ORIGINATING DEPARTMENT Planning and Zoning Division PREPARED BY Michael W. Rumpf DATE PREPARED March 10. 2000 BRIEF DESCRIPTION OF NOTICE OR AD' Quantum Park notice of proposed change to the DRI development order to change the master plan land use designation of lots 3. 6. 39. 40. SOB 59. 60. 61. 62. 63. 64, 65A. 65B. 66. 67A. 67B. 67C. 76. 81. 82. 83. 84, 85. 86. 87. 88. (Ordinance No. 000-02 ) and zoning code text change for the prD district as described in Ordinance No 000-03. SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section Placement, Black Border, etc.) Pursuant to Chapter 166.041 of Florida Statues. (COpy of requirements attached) SEND COPIES OF AD TO Planning & Zoning Division. MFT Development Inc.. Agent: Eugene A. Gerlica. Mock. Roos and Assocites. Inc.. Newspaper, City Attorney NEWSPAPER(S) TO PUBLISH The Post (newspaper of general circulation), since this is a proiect of regional impact and zoning code text change. DA TE(S) TO BE PUBLISHED March 16. 2000 APPROVED BY (1) ~O~~ (Division Head) <-3/;0;;0 (Dafe) / (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED' / ~ NOTICE OF PUBLIC HEARING FORA DEVELOPMENT ORDER AMENDMENT AND A ZONING CODE TEXT CHANGE NOTICE IS HEREBY GIVEN that the CIty Commission of THE CITY OF BOYNTON BEACH, FLORIDA, wIll conduct a PublIc Hearmg at 7'00 P.M. or as soon thereafter as the agenda permIts on Tuesday, March 21, 2000, m the CIty Hall CommIssIOn Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Flonda. The purpose of the publIc hearing IS to adopt the followmg ordmances ORDINANCE NO 000-02 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. REQUEST NotIce of Proposed Change (NOPC) QUAN~PARKATBOYNTONBEACH Formerly Boynton Beach Park of Commerce ComprehensIve Development of RegIOnal Impact LEGAL. Complete legal descriptIOn on file in the Planmng and Zonmg DIVIsion, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. PROPOSED CHANGES 1) Change m the master plan deSIgnation of lots 3 and 6 from Office/IndustrIal to Industnal use; 2) Change m the master plan deSIgnatIOn of lots 39 and 40 from Office/Industrial to Governmental and Institutional use; 3) Change m the master plan deSIgnatIOn of lot 50B from Office/Industrial to IndustrIal 4) Change m the master plan deSIgnatIOn of lots 59, 60, 61, and 62 from Office/Industrlal to Mixed Use; 5) Change m the master plan deSIgnatIOn of lots 63, 64, 65A, 65B, 66, 67 A, 67B, and 67C from Office/IndustriaVCommercIaI to Mixed Use; 6) Change m the master plan designation of lots 76, 81, 82 from Office/Industrial to Office/IndustrIaVCommerclal use; 7) Change in the master plan deSignation of lots 83, 84, 85, 86, 87, and 88 from Office/industnaVattractlOn and RecreatIOn to Mixed Use. APPLICANT MFT Development, Inc. ORDINANCE NO 000-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2. ZONING, BY AMENDING SECTION 7 E. USES PERMITTED TO ALLOW RECREATIONAL AND A TTRACTIONS AS DEFINED FOR THE INDUSTRIAL LAND USE CLASSIFICATION, MULTI-FAMILY RESIDENTIAL AND MIXED USE RESIDENTIAL/COMMERCIAL USES IN P.LD S TOTALING A MINIMUM OF 500 ACRES, BY AMENDING SECTION 7 F 1 USES PROIDBITED TO EXCLUDE MUL TI-F AMIL Y FROM PROIDBITED USES, PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. APPLICANT MFT Development Inc. The area affected by these ordmances IS depicted in the map shown below. (INSERT MAP) A copy of these applicatIOns and correspondmg legal descnptIOn are available for review 10 the Planning and Zoning DiviSIOn, Monday through Fnday, 8.00 A.M. to 5.30 P.M. All interested parties are notified to appear at said hearmg in person or by attorney and be heard. Any person who deCides to appeal any deCISIOn of the CIty CommiSSIOn WIth respect to any matter considered at this meeting will need a record of the proceedmgs and for such purpose may need to ensure that a verbatim record of the proceed1Ogs IS made, whIch record includes the testimony and evidence upon whIch the appeal IS to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH. Palm Beach Post March 16, 2000 \\CH\MAIN\SHRDATAIPlanningISHAREDlWJ'Il'ROJECTS\QUANTUM 2000\DRI MPl\lD OO-OOI\Quantum Legal Ad2.doc IHYPOLUXO I ~ --t= --r-"'I " " , 1 I )J \~\fc ' ,lJ 10111. '-'I (' N r rr-=- _ "0 ~~. -e ': r; /1,ITI;r:;:o!:-f, T ~~" /I J :'~~~--I-' ~,~flk l I {) $ ~ rl I ~:.J l ;J;~ )~ I '2f r H" V ~U)< t 'f j. LW & ~!J J ~"~ ,~~ I · ~ ! -,-" i --') ~~ .[I JIll f--I ~ I~(! I :rrJ tAl', Ill.. r 'TTE ~~ ' I;9: J r.==..; ! ',:'. 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I "'~: ,.",1", W ~ REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below ORIGINATING DEPARTMENT Plannina and Zonina Division PREPARED BY Michael W. Rumpf DATE PREPARED' February 14. 2000 BRIEF DESCRIPTION OF NOTICE OR AD' Quantum Park notice of proposed chanoe to the DRI development order to chanoe the master plan land use desionation of lots 3. 6. 39. 40. SOB 59.60.61.62.63. 64. 65A. 65B. 66. 67A. 67B. 67C. 76. 81. 82. 83. 84. 85.86. 87. 88. 91. SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section Placement, Black Border, etc.) Pursuant to Chapter 380.06 (19) (f) of Florida Statues. there appears to be no special reauirements. SEND COPIES OF AD TO' Plan nino & Zonina Division. MFT Development Inc.. Aoent: Euoene A. Gerlica. Mock. Roos and Assocites. Inc.. Newspaper. City Attornev NEWSPAPER(S) TO PUBLISH The Post (newspaper of aeneral circulation). since this is a proiect of reoional impact. DA TE(S) TO BE PUBLISHED' February 26. 2000 APPROVED BY (1 ) (Division Head) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a Public Hearing at 7 00 P M or as soon thereafter as the agenda permits on Tuesday, March 7,2000, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida The purpose of this public hearing is to consider a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No 84-51) as amended by Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20 and 99-05 and determination as to whether or not the proposed change constitutes a substantial deviation to the approved development order with respect to the property described below located within the corporate limits of said City, pursuant to the request of the parties in interest and in compliance with Chapter 380, Florida Statutes REQUEST Notice of Proposed Change QUANTUM PARK DRI at BOYNTON BEACH Formerly Boynton Beach Park of Commerce Comprehensive Development of Regional Impact LEGAL DESCRIPTION A Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17, thence North 1 E44'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R. Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89E04'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1E44'39" East, a distance of 1247 06 feet to the South right of way line of L.W D D Lateral 21, thence North 89E08'49" East along the South right of way line L.W D D 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 D D Equalizing Canal E-4, as recorded in 0 R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750 00 feet, a central angle of 4E04'17", and an arc length of 53 29 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 89E16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" East, a distance of 2625 18 feet; thence North 89E08'49" East, a distance of 368 96 feet to a point on the North right of way line of N W 22nd Avenue as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19E27'31" East, a distance of 50 00 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of Page 2 Quantum Park - Notice of Public Hearing 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 41321 feet; thence South 88E22'56" East, a distance of 134970 feet to a point on the West right of way line of the Seaboard Coastline Railroad, thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue, thence North 88E27'31" West, along the centerline of N W 22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a distance of 130669 feet; thence South 88E45'31" East, a distance of 33351 feet to a point on the West right of way of the Seaboard Coastline Railroad, thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E 15'22" West, a distance of 920 57 feet; thence North 88E50'04" West, a distance of 18760 feet; thence with a bearing North OE49'21" West, a distance of 200 00 feet; thence North 88E50'04" West, a distance of 218 00 feet; thence South OE49'21" East, a distance of 200 00 feet; thence North 88E50'04" West, a distance of 4000 feet; thence South OE49'21" East, a distance of 556 84 feet; thence North 88E50'04" West, a distance of 3617.26 feet to a point on the centerline of the above described centerline of the E-4 Canal; thence with a bearing of North 5E18'14" West, a distance of 153 13 feet, thence with a curve to the right having a radius of 45000 feet, a central angle of 15E36'44", and an arc length of 12262 feet; thence North 10E18'30" East, a distance of 98860 feet to a point of curve, thence with a curve to the left having a radius of 450 00 feet, a central angle of 18E20'OO", and an arc length of 143 99 feet; thence with a bearing of North 8E01'30" West, a distance of 125514 feet to a point on the centerline of N W 22nd Avenue, thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 81785 feet more or less to the Point of Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record 591 55 AC 51 70 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 539 85 AC Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P C D Center, containing 13 17 acres, as recorded in Plat Book 60, Pages 106 and 107, of the Public Records of Palm Beach County, Florida, for a total proposed net land area of 553 02 acres. PROPOSED CHANGES 1) Change in the master plan designation of lots 3 and 6 from Office/Industrial to Industrial use, 2) Change in the master plan designation of lots 39 and 40 from Office/Industrial to Governmental and Institutional use, 3) Change in the master plan designation of lot 50B from Office/Industrial to Industrial; 4) Change in the master plan designation of lots 59,60,61, and 62 from Office/Industrial to Mixed Use, 5) Change in the master plan designation of lots 63, 64, 65A, 65B, 66, 67 A, 67B, and 67C from Office/Industrial/Commercial to Mixed Use, 6) Change in the master plan designation of lots 76,81 and 82 from Officellndustrial to Office/Industrial/Commercial use, 7) Change in the master plan designation of lots 83, 84, 85, 86, 87 and 88 from Office/Industrial/Attraction and Recreation to Mixed Use, and 8) Change in the master plan designation of lot 91from Office/Industrial/Commercial to Attraction and Recreation use APPLICANT MFT Development, Inc. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561)742-6260 PUBLISH Palm Beach Post NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a Public Hearing at 7 00 P M or as soon thereafter as the agenda permits on Tuesday, March 7 2000, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The purpose of this public hearing is to consider a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No 84-51) as amended by Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20 and 99-05 and determination as to whether or not the proposed change constitutes a substantial deviation to the approved development order with respect to the property described below located within the corporate limits of said City, pursuant to the request of the parties in interest and in compliance with Chapter 380, Florida Statutes REQUEST Notice of Proposed Change QUANTUM PARK DRI at BOYNTON BEACH Formerly Boynton Beach Park of Commerce Comprehensive Development of Regional Impact LEGAL DESCRIPTION rn1 ~- ~ l' ffi'1 r.n;t I . '. II .1 III , ,-' FE82 3 2000 ,,' j ) i',NCl . l)~PT. - A Tract of land lying partially in Sections 16, 17,20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows. Commencing at the Southwest corner of said Section 17, thence North 1 E44'39" East, along the West line of Section 17, a distance of 1318 10 feet ~o 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 0 0 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 635 93 feet to the centerline of the L.W 0 0 Equalizing Canal E-4, as recorded in 0 R. Book 1732, Page 612, of the Public Records of Palm Beach County Florida; thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750 00 feet, a central angle of 4E04'17", and an arc length of 5329 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'OO" East, a distance of 320 69 feet to a point of curve, thence with a curve to the left having a radius of 6500 00, 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 262518 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 Page 2 Quantum Park - Notice of Public Hearing 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 41321 feet; thence South 88E22'56" East, a distance of 134970 feet to a point on the West right of way line of the Seaboard Coastline Railroad; thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue, thence North 88E27'31" West, along the centerline of N W 22nd Avenue a distance of 672 97 feet; thence South OE33'53" East, a distance of 130669 feet; thence South 88E45'31" East, a distance of 33351 feet to a point on the West right of way of the Seaboard Coastline Railroad; thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E15'22" West, a distance of 920 57 feet; thence North 88E50'04" West, a distance of 187 60 feet; thence with a bearing North OE49'21" West, a distance of 20000 feet; thence North 88E50'04" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 4000 feet; thence South OE49'21" East, a distance of 556 84 feet; thence North 88E50'04" West, a distance of 3617 26 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5E18'14" West, a distance of 153 13 feet, thence with a curve to the right having a radius of 450 00 feet, a central angle of 15E36'44" and an arc length of 122.62 feet; thence North 10E18'30" East, a distance of 988 60 feet to a point of curve, thence with a curve to the left having a radius of 450 00 feet, a central angle of 18E20'OO", and an arc length of 14399 feet; thence with a bearing of North 8E01'30" West, a distance of 125514 feet to a point on the centerline of N W 22nd Avenue, thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 81785 feet more or less to the Point of Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record 539 85 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 591 55 AC 51 70 AC Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P C D Center, containing 13 17 acres, as recorded in Plat Book 60, Pages 106 and 107, of the Public Records of Palm Beach County, Florida, for a total proposed net land area of 55302 acres. PROPOSED CHANGES 1) Change in the master plan designation of lots 3 and 6 from Office/Industrial to Industrial use, 2) Change in the master plan designation of lots 39 and 40 from Officellndustrial to Governmental and Institutional use, 3) Change in the master plan designation of lot 50B from Office/Industrial to Industrial, 4) Change in the master plan designation of lots 59,60,61, and 62 from Officellndustrial to Mixed Use, 5) Change in the master plan designation of lots 63, 64, 65A, 65B, 66, 67 A, 67B, and 67C from Office/Industrial/Commercial to Mixed Use, 6) Change in the master plan designation of lots 76 81 and 82 from Office/Industrial to Officellndustrial/Commercial use, 7) Change in the master plan designation of lots 83, 84, 85, 86, 87 and 88 from Officellndustrial/Attraction and Recreation to Mixed Use, and 8) Change in the master plan designation of lot 91from Officellndustrial/Commercial to Attraction and Recreation use. APPLICANT MFT Development, Inc. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561)742-6260 PUBLISH Palm Beach Post February 26, 2000