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CORRESPONDENCE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor STEVEN M. SEIBERT Secretary May 15 2000 tr,fO' n cll---rT'--;: '-r , -; /fDJr --. 11' I ~ , ~ ., I f- .'1- r' d MAY I 8 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Julie Finch Quantum Community Development District 1401 Forum Way Suite 101 West Palm Beach, FL 33401 Re Quantum Community Development District Noncompliance Notice - Annual Financial Audit Report Covering Fiscal Year 1997-1998 FIRST AND ONLY NOTICE - RESPONSE REQUIRED BY AUGUST 18, 2000 Dear Ms Finch In a letter dated May 5 2000 the Auditor General notified the Department of Community Affairs that the special district referenced above failed to file a fiscal year 1997-1998 Annual Financial Audit Report with the Office of the Auditor General. This requirement is set forth in Sections 189418 and 11 45 Florida Statutes The purpose of this letter is to help special districts comply with annual financial audit requirements. It is not intended to intimidate or embarrass special district staff With more than 1 000 special districts in Florida, we understand that special district staff turnover is a reality and financial reporting can be confusing even for experienced staff This letter answers questions about the Annual Financial Audit Report requirement, how to comply with the requirement by a new "second chance" deadline and the consequences of not making a good faith effort to comply with the requirement. Why have we received a letter from the Department of Community Affairs, when this issue involves failure to file an Annual Financial Audit Report with the Office of the Auditor General? Florida's Local Government Financial Reporting System has a process to help each special district in noncompliance with its requirement to file an Annual Financial Audit Report with the Office of the Auditor General Sections 11 45(3)(a)11 b 189412(1) and 189419(3) Florida Statutes set forth this process. In summary the Office of the Auditor General and the Special District Information Program, within the Department of Community Affairs work together to provide technical assistance to special districts This includes establishing a new "second chance" deadline, approving additional time extensions when necessary and even offering other suggestions that may be appropriate The Special District Information Program must determine whether the special district's board made a good faith effort to meet its requirement. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399 2100 Phone 850488 8466/Suncom 278 8466 FAX 850 921 0781/Sunconi 2910781 Internet address hllp Ilwww dca state fl us CRITICAL STATE CONCERN fiElD OffiCE 2796 Overseas Highway Su;'e 212 Marathon, fL 33050-2227 (305) 289-2402 COMMUNITY PlANNING 2555 5humard Oak Boulevard Tallahassee, fL 32399-2100 (850) 488-2356 EMERCENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, fL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 255S Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 G L A -- 00' 00 I Page Two To demonstrate a good faith effort, and to be removed from the noncompliance list, simply comply with the appropriate requirement by the "second chance deadline. Special districts not complying with the appropriate requirement by this deadline will have failed to demonstrate a good faith effort. It then becomes the Special District Information Program's role to initiate enforcement provisions. The remainder of this letter provides more detail about the Annual Financial Audit Report, how to comply with the requirement, the "second chance deadline and consequences for not demonstrating a good faith effort to comply What is the Annual Financial Audit Report? The Annual Financial Audit Report is a report that contains the conclusions of a financial audit. An independent certified public accountant must conduct the audit and prepare the report in accordance with generally accepted government auditing standards. During a financial audit, the certified public accountant examines financial statements and expresses an opinion on the fairness with which they present the special district's financial position and changes in its financial position. Additionally, the certified public accountant determines whether the special district is properly conducting its operations in accordance with legal and regulatory requirements. The Annual Financial Audit Report includes financial statements with related notes, reports concerning internal controls and compliance other reports or disclosures (as required by applicable Federal Guidelines) a statement of the auditor's findings comments and recommendations and the special district's response to the auditor's findings Be careful not to confuse the Annual Financial Audit Report with the Annual Financial Report that certain special districts must file with the Department of Banking and Finance Which special districts must file an Annual Financial Audit Report with the Office of the Auditor General? . Each independent special district with revenues or expenditures greater than $50,000 00 . Each dependent special district budgeted separately and not included in the financial audit of its governing authority and with revenues or expenditures greater than $50 000 00 In such instances, the governing authority must certify to the Department of Banking and Finance that the special district is in compliance with the auditing requirements of Section 11 45 Florida Statutes. If the dependent special district's proposed budget is contained within the general budget of its governing authority and clearly stated as the budget of the dependent special district, it must be included in the audit of its governing authority . Any other special district with a charter requiring annual financial audits regardless of total revenues or expenditures (for example, pursuant to Section 243 36, Florida Statutes, each dependent educational facilities authority must provide for an annual financial audit made by a Certified Public Accountant at the expense of the authority) According to information provided by the Department of Banking and Finance to the Office of the Auditor General the special district referenced in this letter should have filed with the Office of the Auditor General an Annual Financial Audit Report covering fiscal year 1997-1998 Page Three When is the deadline for filing the Annual Financial Audit Report with the Office of the Auditor General? The deadline for filing the Annual Financial Audit Report with the Office of the Auditor General is within 45 days after the certified public accountant completes the financial audit, but no later than 12 months after the end of the special district's fiscal year For most special districts, fiscal year 1997-1998 was October 1 1997 through September 3D, 1998 Therefore, the special district should have arranged for a financial audit to occur after September 3D, 1998 but well before . September 3D, 1999 This would have allowed time for the special district to file its Annual Financial Audit Report with the Office of the Auditor General by September 30 1999 at the latest. What must we do to remedy this situation and demonstrate a good faith effort to comply? By AU!:Just 18, 2000, ("second chance deadline) do one of the following as appropriate 1 Arrange for a financial audit, (if not yet done) and file a copy of the Annual Financial Audit Report for fiscal year 1997-1998 with Mr Ted Sauerbeck, Auditor General, State of Florida, G74 Claude Pepper Building 111 West Madison Street, Room 574 Tallahassee, Florida 32399-1450 Mr Sauerbeck is available to answer questions about audits at (850) 487-9031 (Suncom 277-9031) 2 Request a reasonable time extension to complete the Annual Financial Audit Report and file it with the Office of the Auditor General, onlv if you are unable to meet the August 18 2000 deadline. You may request a time extension by writing to me, Mr Jack Gaskins, Department of Community Affairs, Special District Information Program, 2555 Shumard Oak Boulevard Tallahassee Florida 32399-2100 You may also request a time extension by sending an E-mail tomeatiack.qaskinslaldca.state.fJ.us. or calling me at (850) 922-1457 (Suncom 292-1457) I will approve reasonable time extension requests in writing and will notify the Office of the Auditor General of the new deadline. I am also available to answer questions about special districts. 3 Send dissolution documents to me if the special district has been dissolved 4 Notify me in writin!:J if the special district is inactive within the meaning of Section 1894044(1 )(a)1 -2. Florida Statutes and therefore appropriate for legislative dissolution (applicable ONLY to special districts created bv Special Act of the Florida Le!:Jislature and therefore must be dissolved bv the Florida Le!:Jislature) The Special District Information Program will initiate a legislative dissolution of the special district when funds are available to publish the required newspaper notices What will occur if we do not comply with the requirements of this letter by August 18, 2000? The special district's board will have failed to demonstrate a good faith effort to file its fiscal year 1997 -1998 Annual Financial Audit Report with the Office of the Auditor General. The special district will be subject to the enforcement provisions contained in Sections 189 4044 189 419(3) 189 421 (3) and 189 422, Florida Statutes, and initiated by the Department of Community Affairs. These enforcement provisions include monetary fines, an injunction or writ of mandamus to compel production of the reports in the circuit court, andlor a declaration of inactive status authorizing a leaislative dissolution of the special district. In addition, the Joint Legislative Auditing Committee of the Florida Legislature may direct the Department of Community Affairs to initiate enforcement provisions Carrying out enforcement provisions is a very time consuming and Page Four expensive process Florida taxpayers must pay these costs. Responding appropriately to this letter will save taxpayer resources! When is that "second chance" deadline again? The "second chance deadline is August 18 2000 Remember, if you cannot meet this deadline, call me at (850) 922-1457 (Suncom 292-1457) for a time extension. If I am unavailable, you will automatically be transferred to voice mail. You may also send E-mail to me at iack.qaskins@dca.state.f1.us. How can we avoid this noncompliance issue in the future? Please make sure you understand the requirements. Do not hesitate to call me at (850) 922-1457 (Suncom 292-1457) if you have any questions about special districts. Call Mr Ted Sauerbeck at (850) 487-9031 (Suncom 277-9031) if you have specific questions about the Annual Financial Audit Report. Additionally please begin preparing for the fiscal year 1998-1999 (October 1, 1998 through September 30 1999) financial audit, if applicable. . Well before September 30, 2000, arrange for a certified public accountant to complete the financial audit and prepare the fiscal year 1998-1999 Annual Financial Audit Report. . Within 45 days after the certified public accountant delivers the Annual Financial Audit Report to the special district, provide a copy of it to the Office of the Auditor General. At the absolute latest, make certain the Office of the Auditor General receives a copy of the fiscal year 1998-1999 Annual Financial Audit Report by September 30,2000 For more information about special districts and audit requirements, please refer to Chapter 11 in the Florida Special District Handbook (July 1999) You may also view the handbook online at www.dca.state.fl.us/fhcd/proqrams/sdip. Thank you in advance for your prompt attention to this important matter SinCere,IY ~ . _ ack Gaskins Jr ~ Operations and Management Consultant II SPECIAL DISTRICT INFORMATION PROGRAM Ijg cc: Local General-Purpose Government or Governing Authority Ted Sauerbeck, Office of the Auditor General Steven M Seibert, Secretary, Department of Community Affairs STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" May 1 0, 2000 STEVEN M. SEIBERT ~ecreta _., ~. " ;? r-"', \ .......... r-\ P \, ..., \..... < , . R n \c" - '\1", \~ \' \( _--. -- \ ~ -~.~~---- \ \J \ i <.. \ \n\\ \5 uW\ ~--~- 7' . r- __----- - IEB BUSH Governor Mr Michael Rumpf, Manager Planmng and Zomng Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re Quantum Park DRI DCA Project FIle No ADA-1084-048 RevIew of Tenth Adopted Amendment to the Development Order Dear Mr Rumpf' The Department has completed the reVIew of the adopted amendment to the development order (D 0 ) for the Quantum Park Development of RegIOnal Impact (DRI), located In SectIOns 16, 17,20 & 21, TownshIP 45 South, Range 43 East, CIty of Boynton Beach, Palm Beach County, Flonda. The amendment to the D 0 was rendered to the Department on Apn13, 2000 ThIS IS the tenth amendment to the D 0 and was adopted by the CIty CouncIl of the CIty of Boynton Beach on February 29, 2000 by OrdInances No 0-00-02 and No 0-00-03 The adopted amendment to the D 0 for the Quantum Park DRI authonzes the folloWIng changes to the proJect. 1 RedesIgnatIOn of Lots 3 and 6 from OfficelIndustnalland use to Industnalland use, 2 RedesIgnatIOn of Lots 39 and 40 from GovernmentlIndustnalland use to Office/Industnalland use, 3 RedesIgnatIOn of Lot 50B from Office/Industnalland use to Industnalland use, 4 RedesIgnatIOn of Lots 59, 60, 61, and 62 from Office/Industnal1and use to Mixed-Use land use to Include office, commercial and reSIdentIal uses, 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399 2100 Phone 850 488 8466/Suncom 278 8466 FAX 850 921 0781/Suncom 2910781 Internet address http //www dca state fl us CRITICAL STATE CONCERN FiElD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050-2227 (05) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVElOPME~T 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 \)l:-!.A 00- 00 \ Mr Michael Rumpf Quantum Park DR! May 10, 2000 Page Three The Department dIscussed the matter wIth the planmng staff of the CIty of Boynton Beach. The Department receIved a certIfied copy of an adopted "conformed ordInance" from the CIty on May 5, 2000 (OrdInance No 0-00-02), replacIng the eXIstIng OrdInance No 0-00-02 for the Quantum Park DR!. The Department has revIewed the conformed ordInance and has concluded that It adequately addresses the Department's concerns. As a result, and consIdenng that the adopted changes to the DR! would not create any addItIOnal regIOnal Impacts beyond those prevIously revIewed, the Department has no further comments and wIll not appeal the amendment to the D 0 If you have any questIOns or comments regardIng thIS matter, please call Roger Wilburn, CommunIty Program AdmInIstrator, or Joseph Addae-Mensa, Planner IV, at (850) 487-4545 Sincerely, ~V~~ Bob Cambnc, AICP Growth Management AdmInIstrator BC/jam cc James Snyder, DR! CoordInator, Treasure Coast RegIOnal PlannIng CouncIl Eugene A. Gerhca, P.E., Mock, Roos & ASSOCiates, Inc Douglas MacDonald, MFT Development, Inc. The City of Boynton Beach Ciry Clerk s Office 100 E. BlljInton Beach Boulevard PO Box31O Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX. (561) 742.6090 -~ ~ ~ ff \l ~7-~---1:~-- 1 l..... J) J ,~ \~""'11.;!: I\-~-----.& d !l May 10, 2000 I ! I , ...-1 MCMAHON ASSOCIATES,INC 2240 WOOLBRINGT ROAD, SUITE 204 BOYNTON BEACH FL 33426 RE RESOLUTION #ROO-59 and FULLY EXECUTED AGREEMENT Dear Representative Attached please find Resolution #ROO-59 which was approved by the City of Boynton Beach Commission on May 2, 2000 and the fully executed agreement. If you have any questions pertaining to this, please do not hesitate to contact me Sincerely, CITY OF BOYNTON BEACH \L..., ~N ./ Sue Kruse, C/AAE City Clerk C Planning Finance "An Equal Opportumty/Alf,rmatlVe Action/ADA Employer" 9{~ ~ 2)"'" ---? --<-- --<.- ~ c:> "" .'\ Ll /f-; ~. 00 -001 RESOLUTION NO ROO-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND McMAHON ASSOCIATES, INC, PROVIDING FOR TRAFFIC CONSULTING SERVICES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve a Consultant Agreement for professional services between the City and McMahon Associates, Inc , to provide traffic consulting services, pursuant to the Quantum Park Development Order; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT Section 1 The City Commission of the City of Boynton Beach, Florida oes hereby approve, and authorizes and directs the Mayor and City Clerk to xecute a Consultant Agreement between the City of Boynton Beach and McMahon Associates, Inc , providing for traffic consulting services, a copy of aid Agreement is attached hereto as Exhibit "A" Section 2 This Resolution shall become effective immediately upon assage PASS~D AND ADOPTED this ~ day of May, 2000 \\\\ \ \ 111"""1/ ~\\\ N rIll/. ~" 0'< 0,'1 ~ C.s~~;'~'~)~ % CflICl)J .~- .. ~ ...- .:= " v ~~ '. 7 -::. - ,). .~ ;;j. " - :: J- :- ~ = =_: EX: ~<.)\ j ~ ~ . 1920' ;::: -.-.. -'. .Ie;:: ~ -I. ..- .;::. a\'es~reeme;i~~'~"..- M~on T,effic - Quantum 041800 ""/,I/. l. 0 R \ \\~ 11111/1/1111 \ \\\\\'\ CITY O~ BOYNTO B~CH, FLORlDA .' " ./ l L 'i~ )Z?/ ~ Vice Mayor ... l! lt~hJl &A--' - Mayor Pro Tem ~ z= Commissioner ~ , , '1 { f?()a-5? CONSULTANT AGREEMENT TffiS AGREEMENT, made and entered mto the ~ day of /JINt,/ , 2000 by and between City of Boynton Beach, Flonda, (hereinafter called "CITY"), McMahon Associates, Inc., a Corporation, with offices at 2240 Woolbnght Road, Suite 204, Boynton Beach, FL 33426, (heremafter called "CONSULTANTS"). WITNESSETH. WHEREAS, the CITY wishes to engage CONSULTANTS to provIde certain servIces WIth regard to the PROJECT as set forth by Paragraph I, DESCRIPTION OF WORK AND SERVICES, and WHEREAS, the CONSULTANTS represents that they have the expertIse to provIde such work and services; NOW, THEREFORE, in consideratIon of the mutual covenants contained herein and intending to be legally bound, it is agreed that CONSULTANTS are hereby employed, authonzed, and instructed by the CITY to perform such servIces as are specifically described herein accordance WIth the following covenants and conditIons, which both CONSULTANTS and the CITY have agreed upon. 1. DESCRIPTION OF WORK AND SERVICES A. The CITY desIres to complete a traffic analysis for the Quantum Park DRI NOPC, Amendment No lOin such a manner that WIll help protect the health, safety, welfare and qUalIty of hfe of the residents of the CITY In furtherance of these goals, the CITY desires that the CONSULTANTS provide professIonal services within present technological knowledge and accepted standards and consistent with the current requirement of law Upon all parties signing this Agreement, CONSULTANTS shall provide such consultation work and services as stipulated by this Agreement, later presented In EXHIBIT A. B The work and services involved shall mclude review of all pertinent data, studies and plans which the CITY has in its possession relating to the DRI, and previous NOPC amendments and agrees to provide for CONSULTANTS. Unless otherwise agreed upon by both the CITY and the CONSULTANTS, municipal staff will provide the CONSULTANTS with the Quantum Park Development Order and supporting documents. C. The CONSULTANTS shall work closely with the CITY on all aspects of the work and services. The work will include cooperatIve working sessions with CITY and pubhc OffiCIalS, CITY departments, other CITY representatives, and with other entities contributIng to the amendment as indicated in the project schedule in EXHIBIT B, hereto attached and made a part thereof. The CITY reserves the right to make minor modifications to, or add or delete elements of the project, as set forth in EXHIBIT A. D The CONSULTANTS agree to provide, at a minimum, weekly oral or telephone status reports (to include a description of specific tasks and percent of specific tasks and project completed) and weekly verbal reports (via telephone or facsimile when telephone contact is not possible) which also CONSULTANTAGRE~NT ~ ., ...,. Page 2 descnbes all work completed during such penods throughout the term of this Agreement, and further agree to provIde any additional informatIon or status reports as reasonably requested by the CITY II MANNER OF PERFORMANCE. A. The CONSULTANTS agree, as an mdependent contractor, to undertake work and/or perform such servIces as may be specified m this Agreement, or any addendum executed by the parties or m any authonzed wntten work order by the CITY Issued in connectIOn WIth thIS Agreement. B All work as described herem, shall be performed to the satIsfaction of the Plannmg and Zomng Manager and/or hIs designee m a neat and workmanlike manner All dehverables shall be provided to the CITY m a timely manner allowing sufficIent reVIew tIme pnor to forwardmg for further review by the CITY C. Should any work and/or servIces be required whIch are not specified in the Agreement or any addenda, but which IS nevertheless necessary for the proper completion of the Job, such work or services shall be performed as fully as If described and delmeated herem, but CONSULTANTS shall first obtain permission from the CITY before starting such work and CITY shall provide payments for such addItional work and/or services at CITY'S expense in accordance with Paragraph III (B) of this Agreement. D The CITY may request that CONSULTANTS make addItions, deletions and changes m the work or services only by written notice m accordance with the procedures heremafter set forth. Such shall be at the CITY'S expense and shall not be bindmg until agreed upon by the parties and such agreement is reduced to writing and signed by both parties. E. The CONSULTANTS agree that the CITY shall not be liable for payment for any work or services unless the CITY, through an authorized representative of the CITY, authorizes the CONSULTANTS to perform said work. III. COMPENSATION. A. As compensation for CONSULTANTS' services, the CITY agrees to pay CONSULTANTS in accordance with the terms and conditions set forth herein. The CITY shall pay a sum of $7,43000 for the work and services to be performed under this Agreement pursuant to EXHIBIT C, hereto attached, and made a part thereof. Payment of said fee shall be due and payable monthly within thirty (30) days of invoice as long as said invoice is accompanied by the respective status report on project progress and includes respective deliverab1es. B. If the CITY should desire additional work or services and CONSULTANTS agree to undertake same, the parties shall agree, in writing, to an addendum or addenda to this Agreement. The CONSULTANTS shall be compensated for such agreed additional work and services based upon a payment amount acceptable to the partIes. C. The CONSULTANTS shall maintain records conforming to usual accounting practices which shall be available to CITY or its authorized representative at all times throughout the term of this Agreement. The CONSULTANTS further agree to render requests for payment to the CITY, in wnting, setting forth Information on actual costs including hourly rates, hours consumed by CONSULTANT AGREEMENT Page 3 CONSULTANT, travel expenses, and matenals, whIch shall be submItted sImultaneously WIth the prOVISIon of monthly-status reports. All requests for payment are due and payable wIthm thIrty (30) days of the date of mVOIce. The amount of each monthly request shall be based upon tIme, matenals, and other expenses. IV USE AND OWNERSHIP A. All ongmal matenals, reports, documents, drawings, specIficatIons, computatIons, sketches, test data, photographs, and renderings related to the servIces and work performed hereunder shall be the property of the CITY, once the CITY has paId CONSULTANTS m full for servIces rendered to date. The CITY shall be entItled to one (1) reproducible set of any of the aforesaId dehverables WhICh are prepared by CONSULTANTS and fifteen (15) copIes of the DR! NOPC final reVIew B The CONSULTANTS agree that the CITY is not required in its development activities to use any plan, report, draWIng, advice, map, document, or study prepared by CONSULTANTS Further, CONSULTANTS agree that the CITY in Its sole dIscretion, may utilize the aforesaid, or any part thereof, or in any modIfied or amended form and CONSULTANTS waive any right of amendment to any of CONSULTANTS' work by the CITY or any person, firm or corporatIon other than CONSULTANTS shall release CONSULTANTS from any and all liabIlity In connection with such work thereafter and the CITY shall not use CONSULTANTS' name thereon. V INDEMNIFICATION A. The CONSULTANTS shall promptly notify the Accounting Department and Legal Department of the CITY of all damage to property of the CITY or others and of injuries sustaIned by any persons, mcluding employees of the CONSULTANTS, in any manner relating directly or indIrectly to the work WIthIn the scope of this Agreement. B The CONSULTANTS agree to and do hereby indemnify and save the CITY harmless from and against any and all losses, damage, claims, actions, liability, attorney's fees, and expense in contract or in tort, in connection with loss of life, bodily injury and/or property damage occurring on or about or arising out of those portions of the work under CONSULTANTS' control or wherever ansing If occasioned wholly by negligence of CONSULTANTS, or by them or their agents, servants, employees, should the same arise during the progress of the work. C. NotwithstandIng anything to the contrary herein contained, each party hereby waives all claIms for the recovery from the other party for any loss or damage to its property caused by fire or other insured casualty This walver shall apply, however, only where the Insurance covering the loss or damage will not be prejudiced by any reason of such waiver VI. INSURANCE. A. The CONSULTANTS shall secure and maintain in effect at all times, at theIr expense, insurance of the following kinds and limits to cover all locations of the CONSULTANTS' operations in connection WIth work on the PROJECT CONSULTANTAGRE~NT .., ., ., Page 4 1 Worker's CompensatIon and Employer's LIability covenng employees of the C6NStJL T ANTS a. Worker's CompensatIOn up to statutory hmIts. b Employer's LIabIhty wIth a lImIt of habIlIty of at least $1,000,000 00 2. Pubhc LIabihty Insurance covenng the CONSULTANTS' legal lIabIlIty for bodily mJUrIes in hmIts of not less than $1,000,00000 per person and $1,000,00000 per occurrence and for property damage of not less than $100,000 00 per accIdent and $200,00000 aggregate. 3 Automobde LIabIhty Insurance for boddy mJUrIes m hmIts of not less than $1,000,00000 per person and $1,000,00000 per accIdent and for property damages of not less than $200,000 00 per accIdent, provIdmg coverage for any aCCIdent arIsmg out of or resultmg from the operation, mamtenance or use by CONSULTANTS of any owned, non-owned or lured automobiles, trailers or other equipment required to be lIcensed. 4 Professional. Liability Insurance for all facets of CONSULTANTS' operations and work, mcludmg errors, omiSSIOn and negligent acts covenng this Agreement With minImum hmIts of $1,000,00000 liability per occurrence and $1,000,00000 aggregate errors and omIssions. VII. COMPLIANCE WITH GOVERNMENTAL REGULATIONS The partIes shall keep and perform all requIrements of apphcable Federal, State and local laws, rules, regulations or ordmances. VIII. LIENS AND CLAIMS The CONSULTANTS shall promptly and properly pay for all labor employed, materials purchased and eqwpment lured by them m connection With the work, shall keep the CITY'S property free from any matenalism' s or mechamcs' hens and claims or notices in respect thereto arising by reason of the CONSULTANTS' work and shall discharge the same. In the event that the CONSULTANTS do not payor satISfy such chum or lien within ten (10) busmess days after the filing of notIce thereof, the CITY, m addItIon to any and all other remedies, may forthWith termInate thIs Agreement, effective immediately IX. DEFAULT. A. The occurrence of any of the following, by either party, shall constItute an event of default hereunder. 1 The filmg of a petItIOn by or against or for adjudIcatIon as a bankrupt or msolvent, or for reorganization, for the appointment of a receiver or trustee of the property 2. An asSIgnment for the benefit of creditors. CONSULTANT AGREEMENT Page 5 3 The taking of posseSSIOn of the property by any governmental officer or agency pursuant to statutory authonty for the dISsolutIOn or hqUldatIon of the business. 4 Non-payment of compensanons due hereunder for CONSULTANTS' services. B Upon the occurrence of any of the foregOIng, or if eIther party shall fail to discharge and perform the oblIgatIons under thIS Agreement after having receIved five (5) days wntten notice from the non-defaulting party of Its faIlure to perform, the non-defaulting party shall have the nght, WIthout prejUdICe to any nght or remedy afforded by law or eqUlty, to terminate theIr performance of the Agreement. C. If the defaulting party is the CONSULTANTS and the CITY elects to term mate the Agreement, the CONSULTANTS shall remove themselves from the premIses and turn over to the CITY as the CITY's property, all matenals, reports, maps, documents, plans, and other wntten documents prepared or obtamed by the CONSULTANTS Incident to theIr work under thIs Agreement upon payment in full by the CITY of all amounts due and owmg to the CONSULTANTS D If the defaulting party IS the CITY, CONSULTANTS shall not be requIred to delIver any work product performed under thIS Agreement, Including but not lImited to materials, reports, maps, documents, plans or other wntten documents prepared or obtained by CONSULTANTS inCIdent to Its work under this Agreement unless and untIl all defaults or CITY have been cured and all payments due CONSULTANTS have been made. E. If it should become necessary for eIther of the parties to resort to legal action because of a default by the other party, then each shall pay Its own legal fees, mcluding appellate proceedIngs. x. WARRANTIES AND CONFLICT OF INTEREST The CONSULTANTS represent and warrant that they have every legal right to enter mto this Agreement and the CONSULTANTS will not be restricted in providing the performance hereunder by any prior commitments. The CONSULTANTS hereby warrant that there is no COnflIct of interest In CONSULTANTS present employment, if any, with the activities to be performed hereunder and shall advise the CITY if a conflict of interest arises in the future. XI. SUCCESSORS This Agreement shall insure to the benefit of and be binding upon the heirs, executor, administrators, successors and asSIgns of the partIes hereto, except as expressly limited herem. XII. PERMITS AND LICENSES. All pemuts and licenses required by any governmental agency shall be paid for by the CITY, and reimbursed by the applicant. XIII. ASSIGNMENT. This Agreement and the services hereunder are non-asSIgnable by CONSULTANTS unless the CITY has given wntten consent. This Agreement and the obligatIons hereunder are not assignable by CONSULTANTAGRE~NT ... .., .., Page 6 CITY unless CONSULTANTS have gIven wntten consent to such assIgnment. Any attempted assIgnment wIthoufsuch -wntten consent shall be vOId. XIV SCHEDULE. The work and servIces set forth m this Agreement shall be completed as provIded on the Schedule contamed m the aforemenuoned EXHIBIT B, m Paragraph I (C), or m accordance with any other date agreed upon m wntmg by both partIes. XV INDEPENDENT CONTRACTOR. In all matters relatmg to tlus Agreement, the CONSULTANTS shall be actmg as an mdependent contractor NeIther the CONSULTANTS nor employees of the CONSULTANTS, If any, are employees of the CITY under the meanmg or applicatIon of any Federal or State Unemployment or Insurance laws or Old Age laws, or otheIWlse. The CONSULTANTS agree to assume allliabihties or obligations Imposed by anyone or more of such laws with respect to employees of the CONSULTANTS, If any, m the performance oftlus Agreement. The CONSULTANTS shall not have any authonty to assume or create any obligatIon, express or Imphed, on behalf of the CITY and the CONSULTANTS shall have no authority to represent as agent, employee, or m any other capacity than as hereinbefore set forth. XVI. HEADINGS The headings used in this Agreement are for reference only and shall not be relied upon nor used m the mterpretatlOn of same. XVII. INTERPRETATION A. If the CONSULTANTS be a partnerslup or corporauon, all words m this Agreement referring to the CONSULTANTS shall be read as though written in the plural or in the neuter gender, as the case may be. B. This Agreement and all of the terms and proVIsions shall be mterpreted and construed accordmg to the law of the State of Florida Should any clause, paragraph, or other part of this Agreement be held or declared to be void or illegal, for any reason, by any Court having competent jurisdiction, all other clauses, paragraphs or parts of this Agreement shall, nevertheless, remain in full force and effect. C. Tlus Agreement between the parties shall be deemed to mclude this Agreement and any addendum pertaming hereto as may be executed by the partles. The CITY shall not be bound by an addendum or change order hereto unless it is signed by an executive officer or such other authorized representative of the CITY The CONSULTANTS shall not be bound by any addendum or change order hereto unless it is signed by an officer of the CONSULTANTS XVIII. MISCELLANEOUS A. LIugation. It is understood that the fixed sum payment amount set forth 10 Paragraph III (A) does not include compensation to CONSULTANTS for assIsung the CITY m hugation in which CONSULTANT AGREEMENT Page 7 the CITY may be Involved. If the CITY desIres assistance from the CONSULTANT In htigatIOn, the parties shall agree ui wntlng on the compensatIOn. B Records. All records relating to the work performed and reimbursable expenses incurred, mcludmg reports of accounts, shall be maIntaIned by CONSULTANTS on generally accepted accountIng pnnciples and shall be aVaIlable to the CITY or its authorized representatIves. XIX. NOTICE Any notice provIded by thIS Agreement to be served m wntmg upon eIther of the partIes shall be deemed sufficient If delIvered to an authorIzed representatIve of eIther of the partIes, or If mailed by regIstered or certIfied mall, return receIpt requested, to the address of the party above wrItten or to such other addresses as the partIes hereto may deSignate m wnting. Such notIce shall be effective from the date the same IS deposIted m the maIls, regIstered or certIfied mad, return receIpt requested, first class postage prepaid and addressed, whether or not received. xx. TERMINATION It is hereby agreed that thIs Agreement IS for a term commencing on the date first above wntten, and endIng 30-calendar days followmg approval by the City of the fmal report hence, and may be extended for a specIfic penod of tIme and for mutually agreed upon compensation. It IS understood, however, that future extensIOns may be made only if fully executed m wntmg by the parties hereto NotwIthstandmg the foregomg, eIther party can termmate tIns Agreement upon thIrty (30) days wntten notIce. XXI. ENTIRE UNDERSTANDING This Agreement contains the entire understanding between the partIes and no modificatIon or alteration of thIs Agreement shall be bindmg unless endorsed m wntmg by the parties hereto XXII. BINDING EFFECT This Agreement shall not be binding until executed by all parties. IN WITNESS WHEREOF, the parties hereto have executed thIs Agreement by their duly authorized representatIves on the date first above written. ..., CONSULTANT AGREEMENT .., -- - - <>,..~1 ~II.(,- . n t' Helen S v..,eIUOCI *.* My ComnA.i:>>n cc519017 , '"' exp." AuIJ. 25. 2000 ~ ~ ~VU( 1~'),Y1~ eseal) J../ ATIEST A TrEST ~~Ch~ (Se ~\\\\\"""""l' ~\'\ J N 1"/1.: .# ~O' TO", ~ ~~~.~~~ ~ 0 ..."o~OFt1~... ~ ~ :: ~ ij ~\ b ~ =...: ):1::= \ 0 '..... 192.0,. ~ ~ ............. ~ ~/I" ~LO~\Q~\\# I'III/tlll 11\\\\\\\\'\ F'\MOO037 _O\OOCUMEN1\ConsUltA~~t.DOC ~ wi Page 8 McMahon Associates, Inc. By' (CONSULT ANTS) Title: CITY OF BOYNTON BEACH By' ~ (CITY) r Title: AfIl-ilQVED AS 1'0 fQRal ' ~.'" ^ n < ,,.:~t"'~ I '---.A..A. ~. .~_... ~ . CONSULTANT AGREEMENT Page 9 EXHIBIT A SCOPE OF SERVICES. Task 1- Inventory/Agency Coordination We will initiate a project scoping meeting with the CITY, at the outset of the project. This meeting will discuss the scope of the review and refine the aspects of all work and deliverables to be produced by the CONSULTANT for the proJect. 2 Obtam and review all applicable documentation. mcluding the orlgmal DRI and the nme (9) subsequent amendments of the Quantum Park DR!. We are assuming that 10 cooperation with the CITY, they will produce all eXlstmg available mformatlOn, and make this mformatlOn available to the CONSULTANT 3 We will field review the study area and conduct windshield surveys, as required, of the surrounding roads and intersections of the Quantum Park, noting pertinent physical features and traffic control deVices. 4 Secure all appropriate existing and future land use data for the study area, as available from the CITY Task 2 - Review of NOPC - Amendment No. 10 Evaluate the transportation elements of the previous nine (9) amendments. Cross-examme the findings of transportatIon elements with the original DRI and Development Order (DO). 2. Separately review the transportation elements of the proposed Amendment No. 10. Cross-examme the findings from this review with the original DRI and DO, and determine consistencies/inconsistencies with the plan. 3 Evaluate the proposed Amendment No 10 against the criteria stipulated by the Treasure Coast Regional Planning Council. Determine if the NOPC meets the established requirements or is clasSIfied as a substantial deviation. 4 Evaluate the number of vested trips for the original DRI. Determine ifthe NOPC Amendment No.1 0 meets the vested trips, or exceeds, thereby resulting in a substantial deviation. 5 Evaluate the land uses. Determine if the land uses proposed in the NOPC, Amendment No.1 0 match those consistent with the CITY and the DRI. Task 3 - Reports, Meetings and Project Administration We will prepare a draft report from our review/analysis, and submit to the CITY for review and comment. The report will contain the information collected from Task 1, the basis for the review Appropriate graphics will be included in the report. We will provide five (5) copies of thIS draft report. 2. We will meet with CITY staff to discuss the draft report and address comments. Also, each meeting will be documented and included in the report to support the consensus for the plan. We assume that three (3) meetings, following execution of the contract, will be required during this process. The first meeting will be project initiation, and the second meeting will be to review the draft report, and the CONSULTANT AGREElrENT ..... 'WI' ". Page 1 0 third meeti9g ~Ith the CITY Planning and Zoning Board. Each meeting will be documented and mcluded in the report. 3 A final report will be submitted to the CITY incorporating all of the comments received to date. This report will be utihzed for the CITY to coord mate With the DRI applicant. 4 The final report wIll be fonnally presented at one City Planning and Zoning Board meeting. 5 The final report will be modified by the CONSULTANT and resubmitted for final review by the CITY based on the comments receIVed from the City Planning and Zonmg Board. We will resubmit fifteen (15) copies of the final report once approved by the Planning and Zoning Manager, and/or the Manager's designee. F"\MOOO37 ]\DOCUMENT\ConsultAgrecment.DOC CONSULTANT AG........:.EMENl Page 11 EXHIBIT B PROJECT SCHEDULE. The CONSULTANT agrees to complete the work and services, as stIpulated by thIs Agreement, presented In EXHIBIT A, m fourteen (14) calendar days, from receipt of the traffic analysIs and existing DR! and Development Order data, provIded by the CITY The CITY agrees to provIde saId traffic analysis and DR! data from the apphcant of the Quantum Park DRI. Upon receIpt of the traffic analysIs and DRI data, the CONSULTANT WIll expedIte the reqUIred review The CONSULT ANT WIll notIfy the CITY of any delay In the reVIew, or lack of any InfOrmatIon necessary to complete the review Should any time extensIon be necessary, the CITY and the CONSULTANT WIll agree, and asSIgn to each In wntIng. The schedule for completlOn may also be affected by outside agencIes, whIch are beyond the control of the CONSULTANT The CONSULTANT IS antIcIpatIng that a meeting or telephone Interview may be required WIth the Treasure Coast RegIonal Planning Council. The avaIlabihty of the representative of this agency may affect the project inventory of data and, thereby affect the antICIpated schedule. .., .. CONSULTANT AGREEMENT .." ~ Page 12 EXHIBIT C FEE - LUMP SUM (Including Expenses) Task 1 Inventory/Agency Coordmation ProJect Manager 2 Hrs x $10500 = 210 00 TransportatiOn Engmeer/Planner 16 Hrs x $70 00 = 1.12000 Sub-Total 18 Hrs $1,33000 Task 2. RevIew of NO PC - Amendment No. 10 PnncIpal-m-Charge 2Hrs x $13000 = 260 00 Transportation SpecIalist 2 Hrs x $150 00 = 300 00 Project Manager 8 Hrs x $10500 = 840 00 TransportatIon Engmeer/Planner 16 Hrs x $70 00 = 1.12000 Sub-Total 28 Hrs $2,520 00 Task 3 Reports, Meetings and Project AdministratIon Principle-m-Charge 2Hrs x $13000 = 260 00 TransportatIon SpecialIst 2Hrs x $150 00 = 300 00 Project Manager 16 Hrs x $10500 = 1,680 00 TransportatIon Engineer/Planner 12 Hrs x $70 00 = 840 00 Clerical 4Hrs x $4500 = 180 00 Sub-Total 36 Hrs $3,26000 Sub-Total Direct/Indrrect Labor, including overhead and profit $7,11000 Drrect Expenses Photocopy (b/w & color), mileage, report reproductIon $320.00 Total Contract Costs $7,43000 F-\MOO037 _O\DOCUMENT\ConsultAgrccmenLDOC ffWi6Wl'f'N.. - CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX: (561) 742-6259 ~VIC6 ~ f/~ PIANNING AND ZONING DMSION to: fax #" date: {rom re: /.( or tv d/;l.letU / J)c,q oS' - 0'1-06 Cx!u&-1A- g~vJ ~ 1f;;'<'~1G 3bJ- 17'2- &2&2 tJ V?Jv1v..u f2t~<.. D-ie-r - /!n1-e/1d m~d HI 0 pages: _, including cover sheet. AHaa,kd ~ ~ ~ci t! ~ ~ (}u~hA-tJA- ())lcLuw"CYle.JL /!/tJ {/ -00 -CJZ tv kl/t...- &d/o LJL)11~~ jx-I;u ~- ~,,(VOL fY'~rf-U:' ~ (1(j~L ~21"ce- LJ{U) O-J2f?;26Wd h!j C/k ~ Cill}y) nz.u0 iUlt- 6h Chlod d ' }It:2, dcxxJ 4 ~ YZP~. 2cldJIdn-J)} ^l6't~ <- L/jW-aJ-l celk.. ~, a ~ r:- ~8f f ..~ )~~ P!lh !?v,w, !1lifLlw>8 i-;t~ d)lruufo.w Pfanning and Zoning Division Cicy of Boynton Beach Boynton Beach. Ronda 33425 742-6260 Fax: 742-6259 1)llA ~ .00-00 I The City of Boynton Beach ~.." . //1;" ~.- . _ 11 \ 4.. ~~ . Ciry Clerk s Office 100 E B'!}'1lton Beach Boulevard PO Box310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FA-X. (561) 742-6090 CERTIFICATION I, SUZANNE M. KRUSE, CITY CLERK, of the City of Boynton Beach, Florida, do hereby certify that the attached Ordinance No 000-02 consisting of six (6) pages with six (6) additional pages of attachments, is a true and correct copy as it appears in the records of the City of Bovnton Beach. Florida. ., ,"VITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 3rd day of May 2000 \\\\\\\11111///// ,\\\ 0 11/ ~, .~ ~ i N e ij'i: ~ 0 I$' ~ ~ <0 ~ORA"'~ -<1('1 ~ 2 i.t. 0<<' 0 ~ ~ -00 ,- =.z : = => - :- ~ .... ,...n() l :::: ~ -0 4 ~ v... '" ~ ., \ .... ~ ~ ~ .......... \<> ~ ~ o~ ~ "-'1/ FL \\,,, II/III/III" \\ \ \\\'\ JJA~~~.LJ SU~NNE M. KRUS'E;cMC/AAE CITY CLERK May 3, 2000 An Equal Opportundy/..vfirmatn';! ActIOn/ADA. Employer ORDINANCE NO 0 - 00 - oi 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 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. 67 A. 67B and 67C. These lots were previously designated as Office/Industrial/Commercial (OIC) Land Use The Land Use has been revised to "Mixed Use (MU)" The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. Lots 76.81 and 82: These Lots are currently designated as Office/Industrial (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/lndustrial (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 "8" 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 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 380 06, Florida Statutes (1996) Section 6 The City Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Chapter 380 06, Florida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above Section 7 Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 8 All ordinances or parts of ordinances in conflict herewith are hereby repealed Section 9 Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 10 Authority is hereby granted to codify said ordinance Section 11. This Conformed Ordinance replaces the existing Ordinance No 0- 00-02 to correct certain scrivener's errors so as to conform the Ordinance to the matter as passed upon by the City Commission Section 12. This ordinance shall become effective immediately upon passage FIRST READING this cfZ9 day of n-i3RuARY ,2000 Page 5 of 6 SECOND READING and FINAL PASSAGE this 41,.t;~ tV/ 7 ,2000 ATTEST .~~~<:)<-. Cl Clerk \\\\\ \\1 II 1I/111,/, ~\\\ ~,. 0 N 1'110 S:ca\Ord\~IlO;\ ~~~lf'~~oo Clean :::: c;o ....:QO 7"~.2>" Cl ;.:, ~ l(. ...o~ -\ --s. ~ :: 0 10 .::: -.z .- ~ >- i- nO j ~ -:;:. ~ \ \n.;" ~ ~ ~ ":J., ~ c.)... ..... ~ ~ ~ ......... ,<:) ~ ~ FLO~ ~~ "1/ \\\'\ 1'111111 1111\\\\\\ day of CITY Of BOYNTO B~CH, FLORIDA (,/ ~ L: ~/('; )t<I!"YJ~ Mayor -7 ditdC f?~ ' 'Vice Mayor \. Utl/Vtrk~ Mayor Pro Tern ~ ~lSSlW ~ner Page 6 of 6 --- LCU,",L UC~"" IIV.'<I A Tract of land lying partially in Sections 16, 17, 20 and ,Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows: Commencing at the Southwest comer of said Section 17, thence North 1 E44'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point In the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R. Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida; thence with a bearing of North 89E04'32" East, along the centerline of N W 22nd Avenue, a distance of 778.37 feet to the Point of Beginning; thence North 1 E44'39" East, a distance of 1247 06 feet to the South right of way line of L.W 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 635.93 feet to the centerline of the L.W.C.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 4EQ4'17", and an arc length of 53.29 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'00" 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 50 00 feet to the centerline of N W 22nd Avenue; thence with a curve to the right having a chord bearing of North 75E29'49" East, a radius of 163702 feet, a central angle of 9E53'58", and an arc length of 282.85 feet to a point; thence north 12E02'41" East, a distance of 915 72 feet; thence NorthOE31'11" East, a distance of 39970 feet; thence North 89E12'37" East, a distance of 413.21 feet; thence South 88E22'56" East, a distance of 1349 70 feet to a point on the West right of way line of the Seaboard Coastline Railroad; thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N.W 22nd Avenue; thence North 88E27'31" West, along the centerline of N W 22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a distance of 1306.69 feet; thence South 88E45'31" East, a distance of 333.51 feet to a point on the West right of way of the Seaboard Coastline Railroad; thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 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 20000 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 88E50'04" 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 122.62 feet; thence North 10E18'30" East, a distance of 98860 feet to a point of curve; thence with a curve to the left h~ving 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 1255.14 feet to a point on the centerline of N W 22nd Avenue; thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 81785 feet more or less to the Point of Beginning. Containing 591 55 acres more or less and subject to easements and rights of way of record. 591 55 AC 51 70 AC 539 85 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 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. ---- r ________ 3 G. 'iO ....-~ ~ .~ ~tj.G. ~ 't!'i~ "....? O~~ ....~? \:;(;)0 VI '2, It:~ .... '0. ~ ~ ~\ \ \ >g 1 i ~ ..a ~ \\\\\\\\\~\~ ~ - , ~ ~ ~ ~ ~ ! ~ ~ ~ ;~,,;i."~; ~ l \~ \ l~~ \ \ , \\~ i t ~ ',99 . e ~!'i \-:.1... ~ - a \~l~!~!~ '1' '\ ~ \~\"...".... 'I" .'i" o. [) R~.oOOO ~ It> ... G. ~J:, ~i I 5~ , ~~' ~~ ~. t;- oO - \Ill . _ u . i 1 ~ t ~ \ ~ ~ ~ 1 , a 0 GOO . I ~ ~ ~ ~ ~ s - ~ ~ \ ~ i ..~ ~ 'i ~ ? o lO ~ 'i 0- , ? ~ ? o i ~ z o t 'M \-tu...~~O CiIU"",..dI>'C ~ y~ ~ ~ , ~ . . ~ - ~ s ,.) " " " '-' '" , '-' Ii ,~ .- J ~jH ~\\ i ~ ~ .. ~ ';7, \~ \ , t"\ ,l\ ~ ;\ \ ~ \~ \ ~ p 1 ~ \ \\ \\ . \ ~ \ \ II" ~~ \ . ~ ~ \ r'\'\\~~e \~~\t \ \ ~ i ~ ! ~ ~ % ~ t~\~\ ~ \\~i \ \ \ l\\ ~\ \\\ tl11 : ~ \ ~t -01 ..a r-,N/ourO LO) 'f('t \{ c;\ 0\ b"f' 'O~.UQ"'b\to.P'uO'."c ~ "e " ------ .------- -------- ---------- EXHIBIT "C" Conditions of Approval Project name' QUANTUM PARK DR! File number' MPMD 00-001 Reference REVISED 1st Review. New SIte Plan. File with. January 11. 2000 Plannmg and Zomng D d 1a eoartment ate stamo mar nlZ. : DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES 1 The master plan mdicates a SIgnificant change in usage from office/ X commercIal/industrial to nuxed use in several locations. Addmg a reSIdentIal component will reqUIre a re-review of the water and sanitary sewer demands to be placed on our systems. Please have the apphcant proVIde estImated demands for all of the proposed changes. FIRE Comments. NONE X POLICE Comments. NONE X BUILDING DIVISION Comments. 2. Subnut a letter describin2 the proposed changes. X 3 To verify compliance WIth the maxImum intensities that are described withm X note number two, submit square footage computatlOns of the gross floor area of the eXIsting SItes that have development order approval. Identify the lot number and total floor area square footage of all sites with development order approval. Total the floor area and categorize them in the land uses that are Identified in note two. ENGINEERING DIVISION Comments. NONE X PARKS AND RECREATION Comments NONE X FORESTERJENVIRONMENT ALIST Comments. NONE X PLANNING AND ZONING Page 2 Quantum Park ORI 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 0 0 and X Chapter 3, Article N 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 #10, particularly the 500 resIdential units, - Trip distribution and assignment for the proposed use changes, - Comparative trip generation table providing data for the uses originally approved, those recently approved (Amendment #9) and those uses proposed for Amendment #10 This traffic analysis will be reviewed by an independent traffic consultant as required by Quantum D 0 Amendment #8. 7 Quantum Park ORI 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 Zonin!! Department no later than Mav 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 regionallmnacts. Page 3 Quantum Park DR! File No. MPMD 00-001 DEPARTMENTS INCLUDE REJECT - The Substantial DeVIation Detemunation Chart shOWIng that the mcreases 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 contingent upon the applicant filmg for and X receIving approval for a text amendment to the Comprehensive Plan to pemut resIdentIal use m the Industnalland 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 m a PID zonmg 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 # 1 0 X 18 The Quantum Park PID master plan shall be limited to a maximum of 500 X dwelhng units. ADDITIONAL CITY COMMISSION COMMENTS 19 Change comment #5 to be included, not rejected. X J:\SHRDATA\Pl.ANNlNG\SHARED\WP\PROlECTS\QUANTUM 2000\DRl MPMD OO-OOI\CONDITIONS OF APPROV AL CC J-7-00.DOC Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD POBOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to: fax #- date: from: re: pages: Cc. 9t;" n~ ~ oIk - ;jen"",- (J ~ - i-~8 - 3309 O'f- ;) g- 00 (}t u ~ l/Jo # cJev/ J ~ ~f/I- 1'-12- &2&L J)CA /...ICUA-i2iL. aU211-fv~1 fave /lJOPe.. - A1/1t?/1elfYtl!lf--t -"10 {lcyfJiUJ'Jd ({)/lc& ~ cflU!- 7, mcluding cover sheet. Mackel.. .M ~ ch.~ "ltld-ll1tP~" VQ~ldYI 0 ~ II CurL{ D~H\fct tI {)rl~Yl'D'Y14 ;' ND DO -- 002/ f?h~a{. t&ut-f>U: _ aYlcL ~UVYl~ M4r t4t)2~uU-_Y3 ~ ~tf-W4~~ Ef. y~ tfr2- cLuvt'Gv1 tQ r:x1 Lv ill ~ (Vl LI4. ~ u (,.l vJ;J 5" DO ll-i ~C1 a /JCjCJ-dv""~1 ~ .Q}Lt~-hrlCj Dr2cUl12-ft~ DO --DDL LuL.~ 'd~U- a~ raAYlelA.)~~q,!, stlLlf N1 D,- Y-u- ?pI ~ ltud- J1:- dtJ.l!.s IrJ -lad- /2UHn J LJt.L '(1 v2dv,H DfLL to bOD cL<< bj \, j ~tL ~)-, ~ ~VlU. -fo fy h i ~-i I (B it {'CiVl dvt-'h Cil,.0 D; ArJ)yt)i-Li {trvt~l&f -fJ-t8 ~dldxaJ1 ~{) e-r--e ~() tYi2dzrnvd ~ Sf cftC/tl, { fit- ~ OylcU.,-J1'Utc.L wL. Ch Planning and Zoning Division _ J , (.~ _. . City of Boynton Beach CVUJ<--Ilt~ 7 ~ Gv-U<J i (1 c~vLt d I J'I Boynton Beach, Florida 33425 ~ 'J;fIUrJ Uk" O~r'-'h6'" 742-6260 011 rho", 2 L ,,,I ~Ul{; / ".,It I^ A Fax: 742-6259 ....:t/, v VL ~ d' Odfl'vC r YNV<x-. La., y~ 0.UDIf' ~ )J1VlLK-l't UY2 i/.-- 50 -c...? t I- I L I TRANSMlS~ VERIFICATION F '-iPTJ DATE. TH1E F A.'\ t'lO / HAME DURATION PAGE(3) F!::SULT MCiDE TIME 04/28/2000 15 07 NAME BOYNTON BEACH P & Z FAX 5613755259 TEL 5513756250 l I I I I J 1214'28 15.04 91850488330985885 121121 1213 14 07 Ok. STANDARD ECM APR-2S-Q0 \1 53 FROM D CONFORMED ORDINANCE NO 0 - 00 AN ORDINANCE OF THE CITY Of: BOYNTON BEACH. FlORlOA. PROVIDING FOR A OETERMINA TiON WHETHER CHANGES TO THE COMPREHENSIVE DEVELOFMENT OF REGIONAL IMPACT APPROveO IN ORDINANCE NO 84-51 AND AMENDED IN ORDINANCES NOS. 86-11 36-37 88-3, 94-10, 94-51, ~33, 96-65. 97.20 AND 99-05 CONSTITUTE A SUBSTANTIAl DEVIATION UNOER CHAPTER 380.06 FLORIDA. STA:ruTCS. 19S6. AND WHETHER FURTHER DE\/ELOPMENT OF REGIONAl IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVlNG SUCH" CHANGES P..MENDING THE DevELOPMENT ORDER (ORDINANCE NOS 84-5~ 86- ., 1 86-37, 88--3, 94-10 94-51 96-33. 96-65. 97-20 AND 99-05) FOR PURPOSES OF iNCORPORA TrNG THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE OATE- WHEREAS Rjte~ Qeve!opment COrporation, a Florida ocrpcration rRiteoo") filed Wlttl the. City Qf-aoynt~:~?JC*r (the -City") an Application for Development Approval ~ . of Comprehensive DevelO".J'!11erU bf Regiorlal Impact (the ~ADA1 on May 21 lS64, ! t... "" - regarding that certain properyy ("*,,-Propetty"') Cjlescribed in Exhibit 'W', attached hereto . J and made a part of hereof; and .,. , WHEREAS. the ADA ~as aPP,t:OVed and' the 'pevfitlopment Order for the Properl'( ~ , was granted December "18. 1984~ot to O",inance No. 84-51 (the -Development , . Orcte~) . and WHEREAS, Riteco $ubsequentty conveytld its right. title and interest j."1 and to , the Property to Boyntcn Park:""of CQmmerce. Inc. a Florida corporation (MBoyt"lton Parl(), ~ - }_2 and, Boynton Park, in turn. stibsequ~n~ QOrtVeyed rts right, <<tie a~ intentS1 in and to -} ,.: . the Property to Qllatttu~. As~ it Florida get'leral partnership (the "Oev9Ioper"); , 1" . I and p WHER.EAS, the Clty app(Qv'&d previous appllcation$ to amend the Development Order whICh applications ~re ~pproved by the City, in Ordirst\O$ No. 86-11 Ordinance ..._ _ _ ~ f'''' FAGE 10 1S ------------~._-----.~~---~ --------~ APR-28-00 12 00 FROM 10 PAGE \1/15 86-37, Orc1inar1C& No. 88-3, Ordinance No. 94-10 Ordinance N,-,. 94-51 Ordinance 96. 33. Ordinance No.. 96.:65 Ordinance No. 97-20. and Ordinance No 99.o~ ~~ The proposed change is requested without an increase in the total vested trip generation of 65 752 trips: Nc: ~nge to the OR! IS propOHd Q~her than as set forth herein. WHEREAS, the City Ccmmi:ssion 01 the City of Boy.'lron Beaa... as tM govemng body having jurisdk:Uon, is au~onzea and errpovrered tc <x)l"lsider appCcations for amendmenf5 to development or(kjrs approvirlg devetopments of reglOnal impact . , pursuant to Chapter 380.06. Fk>rida Statutes (1996); and WHEREAS, tn6! City Commi~iO" has COI'lsic1ered the testimony, reports and other documentary evidence submittel.1 as said public hearing by Quantum. tOe City staff and the pubJic, and t."Ie Cirl Plannmg and Development Soard's recorrYl1endation of the 22M day of February, 2000; and WHEREAS said Cit'! Commission has considored the testimony reports and ocher aocumentary evidence submitted at $aid publi<: neiiring by Quantum, the City buff and the ptlblic, and the City PlannlOg and DliWelopment Board's recommendatlon:; of ~e 22ild of Fetruar( 2000; arid WHEREAS. said !;ity Comm!sslon has considered all of the forgoing NOW THEREFORE.. BE IT ORDAiNED BY THE CITY COMMISSJON OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT Section 1 A rh".>tJce Or public neanng was d:-,Iy published on the Wth day of I February 2000, in the ?,alm 5each Post, a newspaper of general cIrculation in Boynton Beach. FlOrida, pursl.lar.t to Chapter 38006, F!orioa St.1t/Jtes. and proof Of said pubhcation has been duly fried. .. f"'\__ ..... ,,- APR-28-0e 12 0~ FROM 10 Section 2. Tne Development Order. shall be amended to il'ldude the folloWIng provlslor.s. LotS 3 and 6: The lot 3 and Lot 6 L2nd Use. Designation, have been changed to IndustrIal (JNO) from OffieeJlndustrtal (Oli. The chan~ is made to be conSlStAnt with the appr'OVed Site Plans for WarehQUse, storage and distriblrtion developments. lots 39 and 40: Ttte land Use Designation for the lots has been cMnge<J to Governmental and Institutional (G&J) from Officallndus'!rial (Of). The Palm Beach County SchoQI District has purchased these lots for psrkir.g and schoO: related purpOse:s. lot 5OB. The Land Use Oes.gnation has been changed from Offlce/lndUstrial (JND} ~ Industrial.:. . Lots 59. 60. 61. 62: These lots were previ~sly desl9nated as Office/Industria! (01) Land Use. The Land Use has been rOVlsed to "Mixed Us-e (!\AU)" The proposed Mixed Use land Use DesignatIOn indude$ office, commercial and r~<1entia[ uses~ ~ Lots 63.64. 65A'66. 67A. 678 and 87e: These lots were previously d96igt'lated as Offic:e/lndtJstriaVCommerclal (Ole) laM Use The Land Use has been reVISed to "Mixed Use (MU)" The PrQf,')OSed MIXed Use Land USlJ O~i9nation lI\CIudes office, commercial and residential uses. Lots 76. 81 and 82: These Lots are currently da~i9t'late.d 88 Officellnd..'$tfial (O:). The previoU$ Office!lndustrial/CommerciM (OIC) l~nd Usa DE$9fl3tJon was amended by Notice of Proposed Cnange No. ~ and the revised Master Plan submitted in suppo!'t of that change It is p:oposed tv change t.~ dl:Slgnation to Office1lr.dlJstriaIlCommerr.;1a1 (Ole), lots 83. 84. 85. 86. 87 and ~ ^---"'" ~~ P,c,CE 12;15 AFR-28-00 12 01 FROM tD The Land Use of these I~ts ,^,'as prevtOUSty designated as Office/Industrial (Ol) or Attraction and Reeraaflon (AR} land Use. The Land Use nas been revISed to -Mixed Use (MU)" The proposed Mixed Use Land Use oesignation Indude5 office. comrnertia! and resldentiallJses. ACe NEW SECTION 3 - see last page Section a4 The Development Order shaii also be amende<1 to include the Ol, " 7, 8, 11 and 18 Conditions of Approval) attad1ed and incorporated herein as Exhibit" "C" Section ~5 Upon oonsk!eratiOn 01 all matters described in SectIon 380.06 Florida St3tutes ('996). it is hereby de1ermined that A. 1M a~ments proposed by auantum do not unreasonably lrlterf&re wi~ the. achievement of the objactives of the adopted S1ate ~d development plan applicab~ to this arEl8. 8. The amendments proposed by Ouantum are consistent wiltl the locaJ compre.hensive plan and are, or will be. oonsisfent With the local land de~1ent regu[atians Subject to the conditions outlined , above. C The Bmef'dments proposed by Quantum are COO$islent With the recommendation~ of the Treasure Coast Regional Planning Council, subject to the conditiorls outlined above. {-: . o The amendments proposed by Quantt.T1I do not create any additional regional Impacts and therefore do not constitute a ;-..... Sl.Ibstantial daviaborl under Chapter ~O.06 Florida Statutss (1996). , ~ Section Ie The Cio/ CommiSsion has condudea as a matter of law that these proceedtngs have been duly conducted pursc.tant to the provisions of Chapter 380.06, Aorida Statutes (1996), that Quantum IS entitred to lr,e relief prayed and applied for, and that the Development Order IS hereby amended incorporating me amendment& proposed by Deve.loper as set forth in Section 2 above. ... -~~---_._---_.- ----~-~_.-_._- PAGE 13/15 APR-2S-00 12 01 FROM 10 PAGE 1"1/15 Section .7 Exce~t as ott\elWise amended hel'ein. (he Devefopment Order shall remain in full force and e1fer;t. SectionJ8AlI Old"ances or parts of Ofdinances in comrtCt herewith aTe hereby repeaie4. ~--i9Should any section or provision of this ordinance or portJon hereof, any paragraph, sentence or \Nerd be declared by a eoW't of eompeter..t jurlstfldicn to be ADO SECTION il " invalid, such decisiorl shall not affect the remaInder of this ordinance. Section r: q,.uthari1y is het'eby' granted to codify saic1 ordinance. - S~4t~ord~n,a~~ shall become effective im~'y upon passage. FIRST READING tt.ljs day of . 2000 , ., __ ~,...a;~ SECOND R~ING and FINAL PASSAGE this day of _ ''- " 1. l .;, ~. .2000. CITY OF BOYNTON' BEACH, FLORIDA ..I -i. .;,. Mayor V~ce Mayor .( l' . 'l-fAyor"Pro 'rem - ,0. ~ Commis~ioner I ~ Commi8sioner ATTEST City Clerk S',ca\O~ 0Rl-2000 .0....,.,., t: -I C APR-28-00 12 01 FROM -- 10 PAGE 15/15 ADD NEW SECTION J HMaster Sit~ Devtlopm~nl Plan Amendm~nt No. Ie as submitud co Ibe City, a copy of which is atttZ4:hed bereto rznd 7Tf4dc a part h~of {IS E:xbibiz ."... -replaces and 5Up~tkS tht: Masur Sire Development Plan c:-~rr~nlly rzpprOfJed zn the De1lelopment Order N NEW' SECTION 11 <<]'his Confoml~ Ordinance replaces the existing Ordinance No. 0-00- 02 co CO'fT'e(;: certain scri'()ener's (7f'Ors sO as 10 conform the Ordinance 10 the matter as pass~d tlpon by the Ciry Communcm.1' ENGINEERS ' April 28, 2000 Mr Nicholas I. Igwe AssIstant City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 SubJect: Dear Mr Igwe Quantum Park Master Plan Amendment No 10 (Our Ref No 99004 11) As requested I have enclosed VarIOUS SIze copIes of the Master SIte Development Plan, Amendment No 10, at Quantum Park. The Plan IS reVIsed pursuant to the adoptIon of the Ordmance approvmg the Development Order Amendment and the reVIew of the adopted ordmance by the Treasure Coast RegIOnal Plannmg CouncIl and the Department of Commumty AffaIrS. Attached are: 10 f1 d ~vl'JiDO '\. OS"'u<'- )2. ~lU~ }3 'V-~ One (1) 8-1/2" x 11" copy of the Master SIte Development Plan, Amendment No 10 One (1) 11" x 17" copy of the Master SIte Development Plan Amendment No 10 EIght (8) 24" x 36" copIes of the Master SIte Development Plan, Amendment No. 10 The varIOUS SIze copIes of the Master SIte Development Plan are MockeRoos Dwg No 45- 43-17-29, m 1 sheet, dated January 2000 and revIsed Apnl 20, 2000 These copIes are proVIded to be mcluded m the corrected Ordmance and attached as an ExhibIt to that corrected Ordmance. If you need addItIOnal copIes or reqUIre any addItIonal mformatIon, please contact me at extenSIOn 215 EAG]eh Enclosure CopIes CIATES, INe. DaVId Noms, Cohen, Noms, Scherer, Wemberger & HarrIS (w/encl.) Douglas MacDonald, Quantum Group of Companies (w/encl ) James Synder, Treasure Coast RegIOnal Planmng Council (w/encl.) Joseph Addae-Mensa, State of Flonda, Department of Commumty Affairs (w/encl.) Letters.qlpl:qlplgncs:99004 I I.1020egjh.doc Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, Florida 33407 2066, (561) 683-3113, fax 478-7248 APR-28-00 11 56 FROM 10 PAGE 1/15 JOSIAS, GOREN, CHEROF, DOODY & EZROL, P A 3099 East Commercial Boulevard SUite 200 Fort Lauderdale Florida 33308 (954) 771-4500 Facslmde No (954) 771-4923 DATE April 28, 2000 RECIPIENTS FAX NO 1-561-742-6259 TO Lusia ~~ FROM Jim Cherof This transmission contains sixteen (16) page(s) including this cover FILE NO 900182 FILE REFERENCE. Boynton Beach/Quantum COMMENTS Attached is the conformed ordinance and a manually rediined version Tl'Je il'lformation cO:ltained in this facsimile message a:ld the paggs following are attorney priv'leged ar;d confidential ,nfcrmation Intended o,;ly for the use of tne indiviClual of entity named above If the reader 01 this messaQe is not tile intended recipient. you are hereoy notified that any dissemination. distribJhcr., or copy of this eomm"':1ication is strictly prollibited. If you have r.eceived this ~l'l'omlJ"Iieation in error please inmediately notify us by telepnOfle aro return the ongina! message to us at t:'le Dbo~ address .ria the U S. Postal ServIce fha'lk you. If any prob1ems occur in receiving this message, please call this offICe at (954) 171-4500 Thank you. )r: A DO 00 I APR-28-00 1 56 FROM 10 ~r ?'!-O~ OUlP!' FrOll-tOiEH f(U, SCHEREt 1E11I.. .f !it.mla4 .zoe p wv -J05 LA W OFFICES OF COHEN~ NORRIS, SCHERER. WEINBERGER & WOLMER 112 U ~ HIGHWAY ONE, FOUIrTH FLOOR NOR)' d PALM BEACH, FLORIDA 33408 TELEPHONE (561) 844-3600 TELECOPlBR (561) 842-4104 BLECOPIEJl TRANSMISSION RE.(JUEST ~~4 9lt 1/ r FROM: DA ltlD B. NQRJUS, ESQ. ~. ~Z--';Y~ ~ ~ 7'/; - (PQsy DAn: FILE NQ.: CLIENT. NO. PAGES INCL. COVER:4- TELECOPYNO INSTRUCTIONS! ~~_. 7b-~--J.- tA/~~ ~. - ~~~~ Th~ 1nton>>l:.~0t!. eOD~aine~ 1Jl tit).. -C;lC'..n'tIl1$~1cn is; 4et~ncy i'ct'1v11~..d 0:1<2 <;Qn::~\;h:n:;.i.al :c: is iZ2cena.-d for l:h~ \lse of the ltu:livici"A.. 01;" en't~t.y na124:d abovt It r.he t'1t&:1ex 0% ~~ia me5e..~e ;e not l:be i,t)-::enc:eci reci~1enc; )'Q\l ..;-c ho:roby M'1:~~;i.CQ ~~, ~ny ~i.u:",itlilt:io~ di5Uibut i~ ~r copyir.g (If ~hia cQllIIllU&oi".tton U 8t:ictl.y prol\.1~i,c~ If YO;ll:tceive this ~~uft1C.l:ion In e~~or p\e&20 no~ify ~= ~j~~e.ly by ~el~phon. \c~ll~\l .n~ ~etu~ c~e ori9i~1 meeeage ~o U3 at thb abov~ ~dds~8a V~4 ~~e 0 S ~tal Se~viee N& ~111 ~eimbur.e yo~ to. PQ.ta~e ~~/or r.~lephone <<xpen$~$ T~ you PAGE 2/15 APR-2e-00 11 57 FROM 10 All:-ZT-DU 03.411lll FrClll-al1fH NO ~ SC1€iEt i1t1N&t....d! 56 i ~Z4! 04 -tBl ,. OZIGl -!;5 CONFORMED OROfNANCE NO 0 - 00 IW ORDINANce OF THe C/'TY OF BOYNTON BEACH, FlMlOA. PROVIDING FOR A DETERMINA TlON WHETHER CHANGES TO TI1E COMPREHENSNE cevaOPMENT OF REGlONAlIMF'ACT APPROVED IN ORDINANCE NO 84-51, AND AU ENDED IN ORDINANCes NOS. ~11 86-37 83-3 9-t..10 94-51 96-33 96-65, 97-20 ANO 99-05 CONSffiuTE A SUBSTANTIAL DEVIATION UNDER CHAPtER 3-e006 FL.ORIDA STATUTES, 1996, AND \NHETHER FURTHER DEVELOPMENT OF REGIONAL IMFACT REVfEW 1$ NECESSARY REGAROING SUCH CHANGES, APPROVING SUCH CHANGES. AMENOfNG THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51 00-, l' 86-37,88'3. 94-iC 94-51, S6-33, 96-QS 91-20 A."IiO 99-(5) FOR PURPOSES OF INCORPORATING THE A?PROVEO CHANGES AND PROVIDING AN EFfECTive DATE. \IVHEREAS, Riteco De'''elo~nt CorporaLoo a Florida corporat:9I'I rR~W) filed with the City of Boyo1on Beach (the wCityj an Appl~on for Development ApproV3f of Comprehensive Development of Regionai Impact (the -ADAj on May 21. 1984 regaraing that certain ~ (the .Prop~rty>>) de=ihed In Exhibit "A'. attac::hed hereto aM made a part of hereof; an(1 \!lHEREAS the ADA was approved and tne Development Order fQr the Property was granted December 18, 1984 pursuant to Ordinanee No, 84-51 (the "Development Order") and WHe~EAS Riteco subsequel11!y conwyed it:) nght title and interest In C1nd to the Property to Boynton Pan of Commerce. Inc. a Florida c:orporation ("Boynton ?arq. and, 6oynron Parf<, in tum. sUbsequently comre~ it..<; right, title and Interest in and to the Property to Quantum Associates, a Rorida general partr:ership (the ~Dew/opet'); and ----~---- ---- -- --~ --------~--_._- PAGE 3/15 . APR-28-00 11 S7 FROM ID f... ,a........... ~ r: v "V c '1--- -::J ::. V .."c Apr.,H!i C3.44PII ~ID11-COHEN ~ S SCIfl1ER ftilli......lR T.Z~9 ~ 1l3/~ F'-laS sm4W 04 WHEREAS, the City approved previous applioatlons to amend the Oe\/ebpment Order which applications were appro",cd by the City i1 Ordinance No 66-11, Ordinance 86-37 Ordinance No. 88-3, Ordinllilre No- 94-10. Ordinance No. 94-51r Ordinance 96-33, OrdinaTKe No 96-65 Ol'dinartee No. 91-20, and Ordit\anc:e No. 99-05 The prcposed change Is requested Without an increase in the total vested trip generation of 65.752 tnP5; No c;hange to the DR, is proposed other tnan as set forth herem. \NHEREAS the City Commission of the City of Boynton Beech, as the governing body having jurisdiction. i$ aut~rized and empowered to consider appications for amendments 10 developrmmt orders ~pprov;ng develOpme"ts of regional impact pursuant to Chapter 38006. Ronda Statutes (1996): and 'MieREAS. the Ctty ComnUssian has considered the testImOny reports and other documentaJy evideflCe submitted as said public heanng 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 !'\as oonGidered the testimony reports and other documentary eVidence submitted at said pubUc hearing by Quantum, the City staff and the public. ana the City Planrung and DevelOpment Board's recommendations of the 22nd of February 2000; and WHEREAS, said City Comm~jon haS consIdered all of l"e forgoing. NOW THEREFORE. BE IT QRQA,NEO BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOf'{IDA. THAT' PAGE 4/1 S ~PR-2e-00 11 57 FROM 10 PAGE 5/15 i- v .AIJl-21-QO 03;4'Pll FrarCOIlEN ,,_.~!S S~'-ER WEIIII.....lGER 581E4Z41D4 1-20; l ~4/0t f:-I05 Section 1 A notice ot plJblie he3ring was duly published on the 26th day of February 2000 in tt1e Palm Beach Pm a ne'WSl>aper of genet3f eilWlation in Boynton 8each. Frorida, pursuant 10 Chapter 380.06. Aooda $taMes. and proof of said publiCMion "as been duly filed. Sediol'l 2. TI'Ie Deve{gpment Order shall be amande<! to indudft the fOllowing pt~visions: l..9ts 3 and 6 itle Lot 3 and tot 6 Land Use Designations have been charrged to Industrial (INOj from Offioellr.dustrial (01), The change IS made ta te consistent with the approved Site Plamo for warci'\ouse. ~ and distribution developments. Lets 3& and ~O. The land U5e Designation for the /Qts has been changed 10 Governmental and Institutional (G&J) from Qffi~lnd~1riaJ (OJ) The Palm Beach County School District h~ pun;:l'lased the$li! lots for par1<lng and 5<:.hoo: ~/ateO PUfPOSes. lot 5OB: The Land Use Designation I'IaS been changed from Officellndustnal (INO) to Industrial lots 59 ero 61. 62; These lots were previously designated as Office/Industrial {Ol} Land lM:. Tne Land Use J"IaS been rev~ to .Uixed Use (MUr The prcpoied MiXed Use Land the Oesignab~ IncJudes office. <:ommetdal and residential uses. Lots 63. 64. 55A 658. 66. 57A. 678 and 67e.. These lots were previously designated az OfficellndustriallCommarOal (OIC) Land Use. The.:lancL~ .~been :n;viscd to "Mixed: U$e {MVr1The'ptt>posed MixvQ f' 1 of Use Land U50 Designation .n~s offiu, commerc&al and residCl'ltial U$e$. -, .&.. -'-'~"""" . ~'..' _"I .... ... ~ ~~....,-.: .~~.:.:, .. ,.' . ,~....., it. .~ APR-28-e0 11 S8 FROM 10 Apr-Z7-00 113:u,.a Fr.-tOlElt "'...~IS SOEEt ilEl--..f.!D i-208 l' 05/1>. Fo-tOS !iG1S-4Zl 104 Lots 76. 81 and 82: Tl~ lob ere currently dC31gnated itS Officellndustrral (01). The previous Office/lndustriaUCommercial (OIC) Land Use Designation was amended by Notice of ProPQM Change No. 9 and the revised Masler Plan submitted in support of that cJtal1ge It is propQSed ~o ~ the designation to OKrcelJndustriaVCommercial {Ole} lots 83. 84 85 86. tr7 and 88 The lAnd l,;se of these lots was prev:ously dftsignated as Offlce/!ndU$trillll (01) or Attraction and Recreation (AR) Land use ~ Lar.d \J$e haS been revisltd to .Mixed Use (MUr The proposed Mixed Use Land Use Designation !ncludes office. commercial and lr..ldentia! uses. SectiDfl 3. Master Site DevelQpment Plan Amendment No 10 as suDmitted to the City a copy of which is attached hereto and made a pal't hereof as Exhibit "8" replaces and supersedes the Master Site Development Plan ClllTent!y approved in the Oevelop.nlml Order Sect&on 4 The Development Order Shall :il1$o be amen~~d to include the Conditions of Approval #1, 5. 7 e. 11 and 18, attached and incorporated he~n ii5 Exhibit "C" seetion S Upon consideration of aU mat!ers described in Section 380.06, Florida Statutes (1996). it is hereb}l determin@d tltat A. The am~ndmor\ts ptopo.ed by Qu;antum dt) not unreasonably inte:fera with the achievement of the objectives of the adopted state land development plan ap~1itable to this area B. The ~endrr.enfS J)ro~d by Quantum are COO$~tent with tf'le local compIehel1$IVe plan and are. or will be PAGE 6/1S APR-28-00 11 58 FROM 10 l. &. ---., It"" y v ~,-Z1.;V IIN!pIl ~r..atD IlOt!IS SOEJa &III!EJriJ Ull4t41D& .J p OSlO! consistent wittl1he local land dev~lopmel1t regulations. subJCGt to t~ oonditions olJfined above C The ameMmems ~d by Quantum are- cg~nt with the recommendations of tM Tre4Isule Coast RegIOnal Pfanning Council. subject to the conditions MIineCS above o The arn~t\<tmems proposed by au.nlUm do not create any additional regIOnal impacts and tl'lerefore dO not constitute a substantial deviation under Chapter 380 06. Florida Starures (1996). Section 6, The City Commission has COf1cluclcd as a matt.. of law that these proceedings havct oeen duly cxmducted pwsuant W the provisiollS of Chapter 380,06 Frocida Statutes (1996). that QUaJ'1turn is entitled to the relief pr4t~ and applied for and that ih@ Deve-fopment Order is herebY amended i~tpOr.ildn9 the amendments propQ$ed by Developer as set forth in SectlOtl 2 above. Section 7 except as otherwt3e amended herein, t:'le Devef~pment Order shall ~main in full force-~ !' ~on 8. Ait ordinanc:e$ or parts Qf ordinances In con1rtCt here~ are nereby repealed. Se,l;;1ion 9 Should any section or provisIOn of this ordir\anee or portioll hereof any paragraph, $entence or word ~ decl:Jred by a court 01 ~ompeteTlt jUrisdICtion to be invalid, such decision shan not affect 1he remaInder of this ordinance. SeetiOI'I , Q. Autt'lority is 'hereby granted' to cocIify'~id 'ordinance. Section l' ThIS Conformed Ordinanc:e repta<;e$ the ~ Ordinance No. 0- 00-02 to correct ee~in scrivener's errors so as to conform the Ordinant;e to the matter as pa~sed upon by the City ComrJ1l$SlOO. ~~~---~----~-- PACE 7/15 5 APR-28-00 11 55 FROM 10 50184241 Q.4 ,pZtll P 0111 ~.ID5 l"dT-DO U]:44Jll&t ~rllll-(tlfft NOlItl$ SCilERElll(l.llfi!i S"c:tioo 12. ~ ordinance shaB become effective unmediately- upon passage FIRST READING this _ day of _ _' 2000 SECOND ReADING and FINAL PASSAGE thIS day of ,j 2000 ATTEST CITY' OF BOYNTON BEACH, FLORCDA Mayor ViCe Mayer Mayor Pro Tern Commiss;ooer Commissioner CjtyC&erk S:Cll1C'rcS'(l\lsnlYm DFtI 2000 ~:.~'."" :'~'.l~_~~J..Wcl.~W 1 ur:\;\~- __,.i.... PAGE 8/15 .;.."",. .. APR-28-00 11 59 FROM ID PAGE 9 r 15 L V OFFJC~J OF COHEN, NORR.. SCHERER. WEINBERGER & WOLMER 712 c,. S. HIGHWAY ONE, FOURTH FLOOR NORTH PALM BEACH, FLORIDA 33408 TELEPHONE (561) 844-3600 TELECOPIER (561) 842-4104 .,. ,/ ,.. TELECOPIER TRANSMISSION REj}CjpS1..' 4.,... ~ \,~ g~ ~~ - '"'"'~" ~ C--" ~ 1--"-;: ~;7~- ro'ff~4 l/ PROM: DA VID B. NORRIS. ES{}.. ~ .)-7 c- :cr~__ CUENT Y~J'?V " ~- TELEL,,()PYNO.~2f) - &~s-.f DATE. FILE NO 9LJ c(; r NO P.4.GES INCL. COVER:+- INSTRUCTIONS The _nfo=.t.l.on :::Qntiu."Ad ~n thia t.:tansmission i. attorney p~~vne'ied an<1 conf;.({e~l1;lal I. .8 .inte~.~lIl<;l for t;l'L", '\/.~ of the i:~c:l.i.vidual Qr .tlt~ty named ;abQve U: :nc ~e..':er c.t; th.i.~ ~e...~e l. not the ~nte~~ed rec1~ient y~ are ~ereby Aot~f.~o c~At any. ~i.Bemi~.t Q~ lOl.illltll:ihut:l.on ~r copyillg of tt\i~ eoftIM~nl.ea~io:\ i$ s:rietly p~ohibi~~d If you ree.h'. ~hi~ com~~~~catl~~ In errc~ ?leaee no~~fy us imme4ia~ely oy celep~one col:eet) and ree~rT. :~. orl~~na_ ~~sage ;~ ~. at ~he ~Qve a4~~e.e via ~ne U S P06~a~ Serv.ce We w11 ~e~~~r.e you for po.~.ge &ft~/or telepAofte e~en.e. Th&n~ you APR-2S-Q0 11 59 FROM D PAGE 10 1 S CONFORM~D ORDINANCE NO 0 - 00 AN ORD1NANCE OF THE erN Of: BOYNTON BEACH. FLORIDA. PROVIDING FOR A OETERMINA liON WHETHER CHANGeS TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL. IMPACT APPROveO IN ORDINANCE NO 84-51 AND Al\fENOED iN ORDINANCeS NOS. 86-11 86-37 88-3. 94-10, 94-51, 96-33. 96-65. 97..20 AND QQ-OS CONSTITUTE A SUBSTANTIAl DEVIATION UNDER CHAPTER 380.06 FLORIDA.STA:t'U1"ES.19S6. AND WHETHER FlJRTHER DEvELOPMENT OF REGIONAl IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES. APPROVING sUCH" CHANGES. ~.MENOfNG THe DevELOPMENT ORDER (ORDINANCE NOS 84-5~ 86- 11 86-37, 88--3. ~4-10 94-51 96-33. 96-65. 97-20 AND 99-05) FOR PURPOSES OF lNcORPORA TlNG THE APPROVED CHANGES. ANO PROVIDING AN EFFECTIVE DATE WHEREAS, Rite~ Q8Ite!opment COrporation. a FlOrida eorporation ("Riteoo") filed WItt1 the. City of'Boynt~.~ (U'le ..City~) an ~plication for Development Approval of Comprehensive Development of Regional Impact (the ~ADA1 on May 21. 1854, , I., ... . . regarding that certain property (~,"ropetty") Q~c:r;bed if' Exhibit "AU, attached hefeto .' , and made a part of nereof; and .r . , WHEREAS, the ADA ~as *CWed and the -Qevelopment Order for the Property .~ , was granted Oeeember 18. 1984 ~ant to Ordinance No. 84-51 (the -Development Orcter'") , and WHEREAS. Rit~ subSequently conveyed its right, tiUe and interest in and to , the Property to Boyntcn Park:-of Commerce. Inc... a Florida corporCltion r60ynton Parin. ~ - ) i'e and. Boynton Park. in turn, subsequen~ QOrtVeyed ItS right, tttle s!\d interest in ana to ... -) 1" . . the Property to Qllatttum Associates. il Florida ge~ ~!'tip (the "Dev9Ioper'"); .~ , : 1 and );' WHER.EAS. 1he Clty app(Qv8d previous a~llcation$ to amend the Development y .. OntQr which applieations were ~pproved by the Cil)( in Ordina11C& No. 86-11 Ordinance ..._ _ _.. t-,. AFR-28-00 12 00 FROM 10 PAGE 11/15 80-37, Ordl(tanaf No. 88-3, Ordinance No. 94-10 Ordinance Ni}. 94-51 Ordinance ea. 33. Ordina0C6 No.. 96-65. Ordinance No. 97-20, and Ordinance No. 99~ ~~~ ~ The proposed change is requestea withOut an incmaae in the total vested trip generation of 65 752 trips~ No Change to :he OR) IS proposed aTher ~ as set forth herei/'l. WHE~S, the City Ccmmisssoo of the City of Boynton Beach. as the goverNng body having ju~, as au':hori2ea and empowEred tc co"siaer appUcations for amendmen~ to development Ol'ders approving develOpments of regJOnal impact , pursuant to Chapter 380.06. Florida statutes (1996); and , WHEREAS. ttMl City commiSsion has con$i(2ered the testimony, ~ports and other documentary eVYOeI'\<;e submitted as said public hearing by Quantum. tne City staff and the pu~ic, and the Citi Plann;"g and Development 6oard's recomn1endiiltion of the 22M day of' February, 2000; and WHEREAS said City CommiSSion has coosi$r&d the testimony repe>rt$ and od'1er aocumentary evidenoe submitted al $ajd publk: nearing 0)' Quant~m, the City staff and the public, end the City Planning and Oevelopment Board's recommendations of the 22r1d of Februaf(, 2000; and WHEREAS, said City Comm.!sslon has considered all of the forgOll1g. NOW THEREFORE. BE IT ORDAiNED eY THe CITY COMMISSION OF THE elTY OF BOYNTON BEACH, FLOs:tIDA, THAT Section j Ii.. notice of public neanng was duly published on the 26th day ot , February 2000. in the palm 8eactl POSt a newspaper 0{ general Clrcu'ation in Boynton Beach. Florida, pursuar.t to Chapter 38006, Flor:da Statl.ltes. and proof Of said , publication has been auI)' fr~d. .. f"\_ _ _,. ..... ~-----------~-------_.__.~--- APR-28-00 12 00 FROM 10 if;ction 2. The Development Order. shall be amende\1 to inClude the fOllowing proVisions. LotS 3 and 6: The lot 3 and Lot 6 Land Use,Designati()ll$ have been changed to IndustrIal ((NO) from Office/Industria! (Ol}. The change is made to be consistAnt with the approved Site Plans fOr warahQUse, storage and distribution developments. lots 39 and 40: TNt land Use Designation for the 10l.5 has been chan~ to Govemmental and 1nstitutional (G&J) 'rom Office/Industrial (01). The Palm Beach County SchoOl District haS purchased these lots for parkir.g and ~ocr related purposes. lot 5OB. The Land Use Oe51gnation has been changed from Office/lndlstrial {IND} to Indl4tlial.:, . lots 5S, 60. 61. 62: These lots were previoYsly de$l9nated as Office/lndustrial (01) Land Use. The Land use has been rOVlsed to "Mixed Use (!\AU)" Tne proposed Mixed Use land Use DesignatIOn includes Office. commercial and residential uses~ Rl'R lQls 63. 64. 6SAJ~. 67A. 678 and 67C: These lots were previol..lSly de5igrwttEd u Off~lIndt1striaVCommerCiaf (Ole) Land USe. The Lolnd U$e has been reVISed to "Mixed Use (MU)" The prooosed Mixed Use land Use OlJSignation .ncIudes office, commerCial and residential uses. ~ttl 76. 81 and 82: These Lots are currenUy d8stgnated 8S Offic:eltndU$tfial (Or). The previous Officellndustrial/CommeTCiM (Ole) l~nd Usa DesitmatJon was amended by Notice of Proposed Cnange No. 9 and the rfMsed Master Plan submitted in suppo'1 of that change it \S p':oposed to change t.~ "esignation to Office/lndl.lsbiatiCommerl,..laI (Ole). ,Lots 113. 84. 65. 86. 87 and 8&. ,,---....-.1,- PP.GE 12"15 AFR-28-00 .2 01 FROM 10 The Land Use of these lots was previously designated as Office/Industrial (01) or Attraction and RecreatIOn (AR) Land Use. The Land Use nas been reviSed to PMixed Use (MU)" The proposed Mixed Use land Use Designation rnclude& gffice. commercia.! and residential uses. bOO NEW SECTION 3 - see last page Section S4 The Development Order 'shall also be amendeC1 to include the nt, 5, 7, 8, 11 and 18 Conditions of Approval.1 attached and in<:arporated herein as EXhibit _ "C41 Sec;t~ .!5 Upon consIQera1ion 01 an matters described in ~ 380.06, Florida Statutes ('996). it is hereby de1erminecf that A.. 1'he atT}8lldments proposed by Quanfum do not unreasonably )nterfere wi~ the achievemeot of the objectives of U. adopted S1ate I~ development plan applicable to this area. B. The amendments proposed by Quantum are consistent with the local comprehensiVe plan and are, or will be. consiStent With the local land de~"ent regulations, suble~ to the conditions outlined , abOve. C The ame"dments propo$ed by Quantum are consistent With the recommenda~ of the Treasure Coast RegiOnal PlanniflQ Council. subject to the cond!tiOf'Is outlined above. (. O. The amendments proposed by Quantum do not create any aOditionat regional Impacts afld therefore do not constitute a ':"..... sl.lb$tantiaJ deviation under Chapter ~O.06. Florida Statutes (1996). SectioQ 36l'h& City CommiSsion has cona~ded as a matter of law that the$e proceedings have been duly conducted pu\"$U8nt to the provi$ions of Chapter' 380.06, Acrida Statutes ('I 996)"that Quantum is entitled to the relief prayed and applied for. and that the Devefopment Order IS hereby amended inCOfPO/'ating tne 3tnGndm.nt& proposed by Develop&r as set forth in Section 2 above. ... PAGE 13/15 10 PAGE 14/15 APR-28-00 12 01 FRQM Sedicn .7 Exctl't as otherwise amended herein, 1he Development Order shall remain in full force and e1'f~. Section..I8AiI ordinances or parts of ordinances in eon1rlCt herewith are hereby repeaiea. ADD SECTION 11 Sec!!9n 19ShouJd any sectiOfl or provision oftnis ordinancie or port!on hereolt any paragraph. sentence or word be declared by a court of eompeter.t jurisdicticn 10 b& invalid. such decision shalll'lot atfeet the ~inder of U'\ia ordinance. Section i ~uthcrl1y is hereby granted to codify said ordinat)c;e. - st\eWit~ ord~~~ shan beclme effective immecfrately upon passage. FIRST READING this day of . 2000 ~ ...._ ";j"..:6-;"~ SECOND READING and FINAL PASSAGE U\JS _ day of _ r' L ,2000. CITY OF B01NTON' BEACH, FLORIDA _ .' oJ Mayor ~ Vj,ce Mayor ~. J. .r~.. 'MayoJ:' ~ PrQ 'rem ~ j .;, .~ COlTlQ'li8~i.oner I ~ COmrrU.ss.i.oner A'rTBST c.ty Clerk S:CI\O~ 0Rl-2ODO .0,...,......... t: -I C -~---~_._------- APR-28-00 12 01 FROM 10 PAGE 1 S/ 1 6 ADD NE.W SECTION J 'Uaster Site Dewlopm~nl Plan Amendmeont No. to as submirre-d fO tbe Ciry. a copy of which is attad1ed hereto IInd 17Ultk a part hereof flj Exhibit ? teplaces and supnsetks th~ MaJtn- Site De'I.1elopment Plan currently IIpprO'CJed in the De'tIelopment Order '" NEW,' SECnON 11 'This CtJnformed artliltance rep!ai:es the existing Ordinance No. ~O. 02 to CO~ cma:uI scri~ener's f1TQTS SO as f() conform the Or-dinance to the matter as passed upon by the Ciry Commission. ~ APR-26-00 14 27 FROM 10 PAGE 1/3 JOSIAS, GOREN, CHEROF, DOODY & ~ZROL, P A 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 (954) 771-4500 Facsimile No (954) 771-4923 DATE. April 26, 2000 RECIPIENT'S FAX NO 1-561-742-6259 TO Lusia Golov, Sr Planner Curr FROM James A. Cherof, City Attomey This transmiSSion contains thr~e (3) page(s) Including this cover FilE NO' 900182 FILE REFERENCE. Boynton Beach/Genreal/Quantum village COMMENTS Attached IS a copy of a fax I received today from David Norris I will need your input regarding each of the number items addressed by David Norris ~riil ~ 1? r- I~~L ~~-2 6 ~;f -'7-'~.,'-'-_,.....l t.,L~ 'J!PJ(, D 0!....,;._: 12 EPI " I I Tl'ie informatior1 contained in this facslmilg mQ$sage a!'\Cl the pages foll('iN,ng are attorney \:ltiv,lesed a~d conficential information intended only fOf the use of the !'1dividual of entity named abova. :f lhe reader of ttlis message is not the intended r~cipienl, yov are nereby notified that any diss4!:71inaticn distl ibutior: or cop') cf this com:nl.:nica.ion ,s strictly prOhibited, If you have received this communication In error pleasemrn"diately notify us by telephone and return me original message tQ us ;at the 3:l0Ve address via the U S. Postal Service. Thank YOIJ If any p:-oolems OC<Nr in receiving this message please call this office at (954) 77 -4500 Thank you APR-26-00 1~ 27 FROM ID PAGE 2/3 ,,. .. ....... IRED C. c:oII/iN.,JI,.- QlGlOlD''' CDDEN N:RNJI/(f}.1. ~ Qltvm"'~"A IEJZII Jl Ritr OUCM. ~ I'.A.. ~/..llCIIMllK "/1, nuA.$ll:."~ lNft:SJ. ~ I!.oun.. W'U~I.A. >>D!NI'G.1POUID.PA. COHE1\t AORlUS, SCh..6RER, WEINBEJ ~..", (I/,~ .4 ,...illlt-'t' ~~ af.A...lll'. f '" m " WOLJ.~R 112 U.s. HIGHWAY ONe. Sl/l'U. f1I>> , 0. BOX 131.- NOIrrH PM.14 BEACH, FLORIDA 3340"71* 1'El.DHONE (Ul) """~ PACSDIILE (JG1) 142-1104 . OI"OO~ MKiIIIfN) J. MQW.v,. r..... .vaz.ua>s.~ oma:l'QPaa:R 'lI'. XUUO.U -~~ Ci'IIil7'riM .w.-;. eO[ c..-i -..,., Ctrd/itIl R.l EJI<B -...,.,~~~ April 19. 2000 Jamfi A. Cheroff, City Attorney The City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 RE. Quantum Village Pa~ Ordinance Via Facsimile; (561) 742-6054 and (954) 711--4923 Dear Jim. I write you concerning the form of the OrdinanCE' relative to the Master Plan Amendment and Notice of Proposed Change for tile above referenced project. The Ordinance number in question was Ordinance #0-00-02 In re'./Jewmg the form of the Ordinance ( find a few problems still remaining 0$ follows: 1 No mention is made of the amendment to the Master Site Development Plan Amendment No. 2 Which was submitted with the application. whereas historicaly, Section 2 of th~ ordinances have proVided an approval of the particular master plan amendment. 2. lot 658 was inadvertently left out of the Ordinance in both the \^Jhereas clauses as weU as in Section 2. 3. The Exhibit A is very confusing and should simply be the fegal description as is attached to all prior ordinances relative to tr.IS DRI 4 As previOusly stated. the Master Site Development Plan Amendment should be referenced in the On:Iinance. and historically, has been attached as an Exhibit to 1he Ordinance. I would appreciate you r help in correcting and finalizing t,ese ordinances as quickly as possible. The Treasure Coast has noted these problems as wen and is looking for a revised Ordinance as soon as possible. Of course. as you know, 'fl'A \ '" _ 1 _ 00-00 APR-26-00 14 27 FROM ID PAGE 3/3 finalizing and correcting this Ordinance causes us a delay in commencing the start-up of this project. Theretore. your prompt assistance would be greatly appreciated- Once the corrections are made I do need to get a certified copy of the Ordinance 1rom the Clerk so that I can record the same in accordance with Florida statutes. Thank you for your help. Please contact me as soon as possible so that we can coordinate our efforts. Very truly yours. cc; Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD PO BOX310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to: fax #. date: from re: 9~ AoIdtU--4el?sa.- J)CA 9s-o - t-{g'g - ~309 Dlf- (~Z;--Oo LU~/A ~cJai/ / ~h'CJW..., rltLfLMt-L 5~/~ 7'12-&2.102- Qu 1ttVr(J..vf I~ !Vo,)(! - A mey,d J'he.d #- /0 ).111 ~ Ie lot fJ aN pages. ~ , including cover sheet. ,~"'--, 0" ~ U-WL ~CL)((hj l/~x.hdu.::f' e. I' M ~ -^-O ~(/t~d ~ Iv,~ cot; 9;- W D;t-eUna1(Jl N6 00 -oJ ---L A2ve ~v '2:/;t:odfcL fA rx-!Jr- ~ f)Lhtb-t-J Lrud, wM.J & -tcuu.~L- sjo t?iZzd (~h~) J+ ~tL- }2QO~ cJ.-dcJ...uhU1ttt.R .J.-~LYY~~, yl'{U2 eW ~~. So 1CLfL . ~ h'b~ ch-~2nu~d ~ CJie. OVh~11L q, A.1J, {/5B Uv tW avt .e-JLfL(Jx J.-.t- ~?f 2;tLJ In Yu... CLyf2h CWu~ (), VIr). 21..1 'vtnC;1 C:;~f1- fV- r(JJ.::f\;. f F4a~ning and Zoning Division n ' ' (u.. City of Boynton Beach ~ 2rYl S-fJ// ~c"~'1J 'j'.t-L Boynton Beach. Florida 33425 (2w. dl A-V afJ clw..eJh~ l)../'Vtd I S:S~ 742-6260 Fax: 742-6259 i)fL.. A - 00 - 00 I I .- j :ANSMISSION VERIFICAT~ DinE, TH'oE FAX t~o. I t~AME DUPATIOt--l PAGE(S) RESULT '-lODE I REPORT i- I I TIME 04/25/2000 15 54 NAME EOYt-nON BEACH P & z FAX 5513755259 TEL 5513755260 04/25 15 52 91850488330985085 00 02 33 03 Or, STANDARD EC~~ I I I ----' - 0 I, - . .. - ,e I f- --. ... ~ - - .J.. X W :, ~ &0 4 '" EXHIBIT "c" J' '. ., II i. i ~ l' .', . . t , ~ J'. l ! . : j 2 1 -' f t ! Iff j ftr~ j 1 r :!ZW : J ,t;i' . ; !!l tn,,,, ! ell .,~ l ~ f'J!!!Zl: t i. ...! ,...~. . i i ~II . . ~; . ~ !~ -ii -:::=,> :.= I < - . .. .:.~ i .. .. y 1 ; ; ; ; r r , , . ; ; ~~i~.II\" ~ c: t~;:~~ .. .1; .." Po I . . . i I' .~ =: , '" 'P. i~ =..-- ~;= ~;~ _\a~ ~~3 .x~ :; ~ i~ i ':II : ~ a ':!I --! ~ ~ .... '- - :i!H' ~ ' ll".,f ~ I , , : ! i! ~ 1;" h:..1l.. ,. I ~. ; .! '- .., ~ i .~ I ...-- --...,. II I . I . III 1~~1 ,; ~ 1'11;. !, I-~IJ .;~~;:. =11----- i st.: ~:Il ifi I , I : Ii I I I I I ~-------------------. :::D' ..... Ul_:a I I I ! 1'1' I1II ! I' I:' , I. I I II II! 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I ~ t ~ ~ ~ ! a ~~~~ n ~~ ! i ~ . z "'5~ E 8ot! d ~l i ~ i ~ n a6 ~ ~ a a 1 w~~.! m~~~ ei~i r ~aail ~... l:~i~ s~~~~= a ~ ~~h~i~I~~~ i~ :c ~ ~ aN. ~ ~ iI ~;r. :; ;) ~ ... ~ I: a'a~N~~~~i~ z~.i i~~:~~ hH!~~:~~~ ~~g~~.8a .; ~ . Q ~~ <EI .~ ~~ ~ a& g. ~! ~ t 00/510/tO bU""\ Ijw\:>t 6.p.J.Ollalolonb\6.p\uo,. ENGINEERS Mr Joseph Addae-Mensa State of Flonda Department of Commumty Affarrs Bureau of Local Plannmg 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 SubJect: Master SIte Development Plan Amendment No 10 (Our Ref No 99004 10) Dear Mr Mensa. As per your request, enclosed please find one (1) copy of MockeRoos Dwg. No 45-43-17- 29, Sheet 1 of 1, revIsed March 7, 2000 Should you have any questIons, please contact me at extensIOn 215 Very truly yours, EAG'Jeh MOCK, ROOS & ASSOCIATES, INC. , f-b-~ 1 ' J!r2 E\1 ene A. Gerhca, P.E. () ^--Sernor Project Manager Enclosure CopIes. Douglas MacDonald, Quantum LimIted Partners DavId Noms, Cohen, Noms, Scherer, Wemberger & HarrIS (w/encl.) Jim Snyder, Treasure Coast RegIOnal Planmng Council (w/encl.) Mr Michael Rumpf, City of Boynton Beach (w/encl.) \ t i Letters:qlpl.qlplgncs:99004 Il.l0lgegjh.doc Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, Florida 33407 2066, (561) 683-3113, fax 478-7248 Department of Engineering and Public Works PO Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 wwwco palm-beach. fl. us . Palm Beach County Board of County Commissioners Maude Ford Lee, Chair Warren H. Newell, Vice Chairman Karen T Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony Masilotti County Administrator Robert Weisman An Equal Opporruniry Affirmative Action Employer @ printed on recycled paper April 18,2000 Mrs. Hanna Matras City of Boynton Beach Planning and Zoning Department 100 East Boynton Beach POBox 310 Boynton Beach, FL 33425-0310 RE QUANTUM PARK NOPC # 10 TRAFFIC PERFORMANCE STANDARDS REVIEW Mrs. Hanna Matras. The Palm Beach County Traffic Division has reviewed the trip generation comparisons for the project entitled Quantum Part NOPC # 10 pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code There have been several trip generation comparisons They are listed as follows' - ADA approval compared to the proposed NOPC #10 (daily, AM, and PM) - approved NOPC #9 compared to proposed NOPC #10 (AM and PM) Our files from NOPC # 9 show the following proposed land uses Industrial Commercial Office Warehouse Hotel School Park and Ride Auto Dealership Movie Theater Restaurant Convenience Store/Gas 2,482,654 sq. ft. 296,162 sq. ft. 1,685,772 sq ft. 22,700 sq. ft. 20 rooms 2,500 students 53,072 sq. ft. 4,500 seats 21,000 sq. ft. 3,054 sq ft. In all of these recent analyses, the list of approved land uses for NOPC #9 includes all of the land uses listed above, with the exception of the high school. Similarly, the list of proposed land uses for NOPC # 10 does not include the high school. According to our records, the high school was approved as part of NOPC # 4 It is presently under construction and the land is shown on the i,..,Q.Ht [).) 00\ Mrs Hanna Matras QUANTUM PARK NOPC# 10 April 18,2000 Page 2 of 2 Quantum Park master plans. It should be included in all trip generation comparisons for NOPC #9, NOPC #10, and any subsequent amendments All of the comparison tables identify the change between the approved project and the proposed project as net new external trips. Net new external trips consider pass-by traffic and internal traffic which do not appear to be part of the analyses These tables are actually comparing change in total traffic. If you have any questions regarding these comments, please contact me at 684-4030 Sincerely, OFFICE OF THE COUNTY ENGINEER cfL- Y-~ Dan Weisberg, P E. Assistant Director - Traffic Division pc: Andrea Troutman, P E. Pinder Troutman Consulting, Inc, File: TPS -Mun - Traffic Study Review F \TRAFFIC\apf\tps\00025app doc DEPARTMENT OF DEVELOPMENT Building - Planning & Zoning - Neighborhood Services - Occupational Licenses - Community Redevelopment April 13, 2000 Tom McGillicuddy Quantum MFT Development 1401 Forum Way, SUite 101 West Palm Beach, Florida 33401 Re Quantum Park DRIA (MPMD 00-001) Payment of consulting fee for traffic consultmg services Dear Mr McGIllIcuddy' As mdicated m my prevIous letter to you, I would forward to you the invoices from McMahon & Associates, Inc for traffic consulting work done as reqUired for review and processing of the recent DRI/NOPC applIcatIOn. As reqUired by the Quantum Park Development Order, thiS outSide traffic consultmg would be paid for by the applicant of the DRI/NOPC Please remit payment for the total amount calculated at $5,817.50 If you have any questIOns, please do not hesitate to contact me. Smcerely, 7'L<-/(:::~ Michael W Rumpf Director of Plannmg and Zonmg MWR/nl Attachments J \SHRDA T A\Planning\SHARED\WP\PROJECTS\QUAJ'TUM 2000\DRI MPMD 00-00 I \Invoice lener-Trallic.doc City of Boynton Beach - 100 East Boynton Beach Blvd., POBox 310 - Boynton Beach, Florida 33425~310 Phone: (561) 742-6350 - www.ci.boynton-beach.fl.us 04 11,00 14 ~1 FAX 1 561 3~4 0990 ){CMAHO~ .4SS0C ~Ol/003 ~~~~~~~.It;JF... RESPONSIVE TRANSPORTATION SOLUTIONS Facsimile Cover o Plea$G comment By. boR I> - A:r 'f () vfL 2eQ-<lC:> r ..c A M ~ CirAtA4 I ~G- 2 JIJUOfce. ~f2- ~ GtlAlJru.v; PlQl~ ~ /U3JJ, f!;1A} t;jJ U t:7I ce tf-. q f ~ 30 WA.>.>-avr TV ~ C,r'-1 0-,.) MA(2.(;(4 ~ , f.1,.) D DJVl)1CC If- 9 ( C? 7S wA-5 / ~ JU5T f)~ 'tOM"'!, 4..ND S~f.)lJ;) ().CPa.es:c7Jr ~ IOO?,? ~ rn6 f}1J..;~-. rr=- YOu 1dAf./E- {4o/ ~no;V'J /PC-t3A>6 /)0 lJor d~{r~ IV ?t?~ IM5 Oate: APJ:? It-II 1 2000 I"unber of pages incluang cover s!1ee1:" 3 TO: Pt?~ /7 MA;;{T/(....t..A- ~~y,()rvN e?/-f~ Ctrct , !'hone: 7 C,.( 2- - ~ 2"8 7c.;Z- ~ z..S9 F!~ i AE ~()A~7VM N OP~~~ ;.aM... llllr r V"".III I1r1J.l11R"""" '" I Remarks; o Urgent >>As you requested I Hard copy to follow: 0 Yes KNo From: ..j() HN cePA'U4-A- . ~ ~ it Fax Operator Phone: 1561 \ 3st. I 666 (;;6 II ~fi4-OQQ() i Fax.: I I~:~~~~~~~__=J ~ :.!;\ E ,., !~ C ~ o Foe' your I'Qview ~ .:11'. " :~ li .~~f :~ .~l l;.":: .",' ,f'" ,~~ It yov flave any Cj\ln!IQns Of I)ltlblern& with I1I8lerials rec:e ed ~RM conlact QUif ~ opeAIlor U $QQl'IQ& poeell1le. . '~~~ l" .,~ :~ ~ ::.1 \~ .. ,~; Ii' . .. - ~.~WJti..8.':I~~~ ' :':i~ 2240 Woolorighl Road, Suite 20+ &ynton Beach, F1o~ida 33426 fax (561) 364.0990 e'AI:!!\; tncmt;ran5@gate.net pho,,~ (561) 3~1.1666 Dv'2l A 0) 00 I 04/11,00 14 32 FAX 1 561 3~4 0990 MC~~HON AS~OC 04/11/00 11~ 10 ~AI 215: 9446 HcMAHON AS rATES ~Sl!:~~W>.N.. ..t;~~gS~4..11.~'. !~.S. KIiSI'ONSIVE TtL'N!WUR'fA-l'IOt'ol lion TrC"l!>lS @ 003 003 ~_.. l1CM FLORIDA .' iu2 ill t\ ~ iI' '\I .11 \1 "t }ll"lli, r Jl~"l.' }.."".II J II ,.... Invoice .",~:-:;l~l. L-\J I'" ;..h, (). Jill. .\1 ~\ t:JI,",: "'l TERMS NET 30 Michael Rumpf, Planning &Zoning Director City of Boynton Beach Department of Development 100 e.Boynton Beaeh Blvd. PO Box 310 Boynton Beach Fl. 3342S-QJ'O April 10 2000 Project No: M00037.0 Invoice No. 0091978 Project: M00037.0 QUANTUM PA,~K NOpe REVIEW For RevIew trcffic ana[ysis methodology for proposed amendment to add 500 resident l.Jnits to DRI iillina Defiod: Februarv 26. 2000 through March 31. 2000 Services Totals Total Labor Hours 7.5:> 4.50 1.50 13.50 Rate' 130.00 11000 50.00 Amount 975.00 495.00 7500 1,545.00 Associate Sr Trans Eng IV TeehnicianNVP III 1,545 ('10 Total this inlroic:e $' .54~ OC ~ "1'; <.....n"h.n.; t"d,,',: SUit\: !.l'1.1 l"''\rl \\o.a.1l"i.n....lpl'. I) .nnt'\' \;.u,1:r 1'J~"j4 ~ 1 oS i ~....- , :-.. _I ~ _~) j"4lj"" u,..liI ~\ j,;~ .'\.. ....;l1,: dl, ~(jc;.r\r lill\-' S.;t.;!t "I~'.t l. :,1 "....w ".\~~I R,,~l(,,1) Dt IP )() - 00 ~~st!:P.-.~.?~~!:~29~S~I~2'.:~~S. RESPO'\ S1\ E TRA '\'iPORTATION SOLL TIO'\S PRI:\CIPALS: Joseph ~~ MLMahon, P.E, Rodnn- P Plol/rde, Ph,D P.E, ASSOCIATES Joseph J DeSantis, P.E. John S. DePalma Cas,,' A, Mour P.E. February 17,2000 Revised March 27, 2000 VIA HAND DELIVERY Mr MIchael W Rumpf CIty of Boynton Beach Director of Plal1lung and Zonmg CIty Hall 100 East Boynton Beach Boulevard POBox 3 10 Boynton Beach, FL 33425-0310 A TTN LucIa Galav, Senior Planner RE. Agreement For ReVIew of Traffic AnalysIs for Quantum Park DR! NOPC - Amendment #10 McM Project No M000370 Dear Ms. Galav' In accordance with a faCSImIle dated March 23, 2000, revIsions requested by the City, McMahon ASSOCIates, Inc. herewIth resubmits one origmal and three (3) copies of the revised Agreement for the Quantum Park DR!, NOPC Amendment # 1 0 for executIOn. The reVISIOns m the agreement mclude the followmg: 1 The reporting frequency of status reports. 2. The payment of any required permits and lIcenses. 3 TypographIc error 4 TernllnatIOn penod. We trust the enclosed meets wIth the satisfaction of your attorney If you should have any further requirements, please do not hesItate to contact our office. Jon S. DePalma, Associate neral Manager, Southeast RegIOn JSD!hsv Attachments cc Accounting F'\M00037.0\DOCUMENTS\ltrMR032700.DOC 2240 Woolbright Road Suite 204 Boynton Beach, Florida 33426 561 364 1666 fax 561 3640990 e-mail: memtrans(iigate.net Serving the Mid Alantic Southeast and Neu' England Regions ~c A ,j) 6J DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 00-83 TO' NICk Igwe AssIstant CIty Attorney \ \ ~~ '- ~ .... " " FROM. Michael W Rumpf Planmng and Zoning Director DATE March 30, 2000 SUBJECT Traffic Review contract Please find attached hereto the contact for traffic consultmg servIces m connectIOn With the amendment to the Quantum Park DRI, revIsed, pursuant to your comments. MWRlbw Please reVIew, and If your comments have been adequately addressed, process the contracts for corrurussIOn reVIew You will recall that an outSIde traffic analYSIS would be reqUIred, as establIshed by a former development order for the DRI, and would be at the cost of the applIcant of the Quantum Park DR! NOPC. All work reqwred by tIus contract has been completed. .;fi~ 00 ~ c/"~ . \ ~ \ >-~ ~ ..1" a/"' S ~ VC . ~ C:.:P'- ~ "'" t:..i'-' ~ ..,... ~~ c.p if ~71T ~Y V- ~ ~~<Y- .~ v;,~'\ ~Vl{ /i"- ~ u-I l/ ~ \ ~ \fJV \"" ]'\SHRDAT A\PLANNING\SHARED\WP\CORRESP\NICK IGWE.DOC ! ,_.;;..,-...,=,,,----- .;/ Nt i i . '. bi J ~~f1ifn .. 't.Vv\,; L n-'~ < .-LA! i(l.'r: h.n--i Zr,'''j:,klJ Ii[\;D _u,v..\,.) DEPl CONSULTANT AGREEMENT /s-/- Da./<" THIS AGREEMENT, made and entered mto the _ day of ,2000 by and between City of Boynton Beach, Flonda, (heremafter called "CITY"), McMahon Associates, Inc., a Corporation, wIth offices at 2240 Woolbnght Road, SUIte 204, Boynton Beach, FL 33426, (heremafter called "CONSULTANTS"). WITNESSETH WHEREAS, the CITY wIshes to engage CONSULTANTS to provIde certam servIces WIth regard to the PROJECT as set forth by Paragraph I, DESCRIPTION OF WORK AND SERVICES, and WHEREAS, the CONSULTANTS represents that they have the expertIse to provIde such work and servIces; NOW, THEREFORE, in consideratIon of the mutual covenants contamed herem and mtending to be legally bound, It is agreed that CONSULTANTS are hereby employed, authorized, and mstructeQ by the CITY to perform such services as are speCIfically described herein accordance with the following covenants and conditions, whIch both CONSULTANTS and the CITY have agreed upon. 1. DESCRIPTION OF WORK AND SERVICES A. The CITY desires to complete a traffic analysIs for the Quantum Park DRI NOPC, Amendment No lOin such a manner that will help protect the health, safety, welfare and quality of life of the resIdents of the CITY In furtherance of these goals, the CITY desIres that the CONSULTANTS provide professional servIces WIthm present technologIcal knowledge and accepted standards and consistent with the current reqUIrement of law Upon all partIes sIgnmg this Agreement, CONSULTANTS shall provide such consultatIOn work and servIces as stIpulated by tins Agreement, later presented m EXHIBIT A. B The work and services involved shall mclude reVIew of all pertment data, studIes and plans whIch the CITY has m its possessIOn relating to the DRI, and previous NOPC amendments and agrees to provide for CONSULTANTS. Unless otherwise agreed upon by both the CITY and the CONSULTANTS, municipal staff will prOVIde the CONSULTANTS WIth the Quantum Park Development Order and supporting documents. C. The CONSULTANTS shall work closely with the CITY on all aspects of the work and servIces. The work will include cooperatIve working seSSIOns WIth CITY and publIc OffiCIalS, CITY departments, other CITY representatIves, and WIth other entities contributing to the amendment as indicated m the project schedule in EXHIBIT B, hereto attached and made a part thereof. The CITY reserves the nght to make minor modifications to, or add or delete elements of the proJect, as set forth in EXHIBIT A. D The CONSULTANTS agree to provide, at a mmimum, nthly written status reports (to include a description of specific tasks and percent of speCIfic tasks an project completed) and weekly verbal reports (VIa telephone or facsImile when telephone contact IS n t possible) whIch also describes c..~r--e.L-~ &- GW tt> G;- 14, _ ~ 0-./. ~ ~ t'~ ~~--"> ~ ~ ,,-k~ CONSULTANT AGREEMENT Page 2 all work completed during such periods throughout the term of thIS Agreement, and further agree to provide any addItIonal mformatIOn or status reports as reasonably requested by the CITY ~ II. MANNER OF PERFORMANCE A. The CONSULTANTS agree, as an mdependent contractor, to undertake work and/or perform such services as may be specIfied m thIS Agreement, or any addendum executed by the partIes or m any authorized written work order by the CITY Issued m connection WIth this Agreement. B All work as described herem, shall be performed to the satIsfactIon of the Planmng and ZOnIng Manager and/or hIs desIgnee m a neat and workmanlike manner All dehverables shall be provided to the CITY m a tImely manner allowmg sufficIent reVIew tIme prior to forwarding for further reVIew by the CITY C. Should any work and/or servIces be reqUIred whIch are not specIfied m the Agreement or any addenda, but whIch IS nevertheless necessary for the proper completIon of the Job, such work or services shall be performed as fully as If described and delineated herein, but CONSULTANTS shall first obtam permission from the CITY before starting such work and CITY shall provide payments for such additional work and/or servIces at CITY'S expense m accordance with Paragraph III (B) of thIs Agreement. D The CITY may request that CONSULTANTS make addItIOns, deletIons and changes m the work or servIces only by wntten notIce m accordance WIth the procedures heremafter set forth. Such shall be at the CITY'S expense and shall not be binding until agreed upon by the parties and such agreement is reduced to wnting and sIgned by both partIes. E. The CONSULTANTS agree that the CITY shall not be liable for payment for any work or servIces unless the CITY, through an authonzed representative of the CITY, authonzes the CONSULTANTS to perform saId work. III. COMPENSATION ~ A. As compensatIOn for CONSULTANTS' servIces, the CITY agrees to pay CONSULTANTS in accordance WIth the terms and condItions set forth herem. The CITY shall pay a sum of $7,430 00 for the work and servIces to be performed under thIs Agreement pursuant to EXHIBIT C, hereto attached, and made a part thereof. Payment of SaId fee shall be due and payable monthly within thirty (30) days of invoice as long as SaId mVOIce IS accompanied by the respective status report on project progress and includes respective deliverables. B If the CITY should deSIre addItional work or services and CONSULTANTS agree to undertake same, the parties shall agree, m writmg, to an addendum or addenda to thIS Agreement. The CONSULTANTS shall be compensated for such agreed addItional work and services based upon a payment amount acceptable to the parties. C. The CONSULTANTS shall maintain records conforming to usual accounting practIces which shall be available to CITY or its authonzed representative at all tunes throughout the term of thIs Agreement. The CONSULTANTS further agree to render requests for payment to the CITY, m wnting, setting forth informatIon on actual costs mcluding hourly rates, hours consumed by CONSULTANT AGREEMENT Page 3 CONSULTANT, travel expenses, and matenals, whIch shall be submitted sImultaneously WIth the provisIOn of monthly status reports. All requests for payment are due and payable wIthin thIrty (30) days of the date of mVOIce. The amount of each monthly request shall be based upon time, matenals, and other expenses. IV USE AND OWNERSHIP A. All onginal matenals, reports, documents, drawings, specIficatIons, computatIons, sketches, test data, photographs, and rendenngs related to the servIces and work performed hereunder shall be the property of the CITY, once the CITY has paId CONSULTANTS m full for servIces rendered to date. The CITY shall be entItled to one (I) reproducible set of any of the aforesaId dehverables WhICh are prepared by CONSULTANTS and fifteen (15) copIes of the DR! NOPC final reVIew B The CONSULTANTS agree that the CITY is not reqUIred in Its development actIvitIes to use any plan, report, drawmg, advice, map, docwnent, or study prepared by CONSULTANTS. Further, CONSULTANTS agree that the CITY in its sole discretIOn, may utIhze the aforesaId, or any part thereof, or in any modIfied or amended form and CONSULTANTS waIve any nght of amendment to any of CONSULTANTS' work by the CITY or any person, firm or corporatIOn other than CONSULTANTS shall release CONSULTANTS from any and all liabihty m connectIOn WIth such work thereafter and the CITY shall not use CONSULTANTS' name thereon. V INDEMNIFICATION A. The CONSULTANTS shall promptly notify the Accountmg Department and Legal Department of the CITY of all damage to property of the CITY or others and of mJUrIes sustaIned by any persons, mcluding employees of the CONSULTANTS, m any manner relating dIrectly or mdirectly to the work WIthin the scope of thIS Agreement. B The CONSULTANTS agree to and do hereby mdemnIfy and save the CITY harmless from and agaInst any and all losses, damage, claIms, actIOns, liability, attorney's fees, and expense m contract or in tort, in connectIon with loss of life, bodily mjury and/or property damage occurring on or about or arising out of those portIOns of the work under CONSULTANTS' control or wherever ansmg if occasioned wholly by neglIgence of CONSULTANTS, or by them or theIr agents, servants, employees, should the same anse dUrIng the progress of the work. C. NotwIthstanding anythmg to the contrary herem contaIned, each party hereby WaIves all claIms for the recovery from the other party for any loss or damage to Its property caused by fire or other Insured casualty This waiver shall apply, however, only where the msurance covenng the loss or damage will not be prejudIced by any reason of such WaIver VI. INSURANCE. A. The CONSULTANTS shall secure and maintain in effect at all tImes, at theIr expense, Insurance of the following kinds and limits to cover all locations of the CONSULTANTS' operatIons in connection with work on the PROJECT CONSULTANT AGREEMENT Page 4 1 Worker's CompensatIon and Employer's LIability covering employees of the CONSULTANTS. a. Worker's CompensatIOn up to statutory limIts. b Employer's LIabIhty wIth a lImIt of lIabIlity of at least $1,000,000 00 2. Pubhc LIability Insurance covenng the CONSULTANTS' legal habIlIty for bodily InJunes m limIts of not less than $1,000,00000 per person and $1,000,000.00 per occurrence and for property damage of not less than $100,000 00 per accIdent and $200,000 00 aggregate. 3 AutomobIle LIabIhty Insurance for bodily mJurIes m hmIts of not less than $1,000,00000 per person and $1,000,00000 per accIdent and for property damages of not less than $200,000 00 per accIdent, provIdmg coverage for any accIdent arIsmg out of or resultmg from the operatIOn, mamtenance or use by CONSULTANTS of any owned, non-owned or hIred automobIles, trailers or other eqUIpment requIred to be lIcensed. 4 Professional Liability Insurance for all facets of CONSULTANTS' operatIOns and work, mcluding errors, omISSIOn and neghgent acts coverIng thIS Agreement WIth mInImum lImIts of $1,000,00000 lIabIhty per occurrence and $1,000,00000 aggregate errors and omIssions. VII. COMPLIANCE WITH GOVERNMENTAL REGULATIONS The partIes shall keep and perform all reqUIrements of applIcable Federal, State and local laws, rules, regulations or ordmances. VIII. LIENS AND CLAIMS The CONSULTANTS shall promptly and properly pay for all labor employed, matenals purchased and eqUIpment hIred by them m connectIon WIth the work, shall keep the CITY'S property free from any materialism's or mechanICS' hens and clauns or notIces m respect thereto arIsmg by reason of the CONSULTANTS' work and shall dIscharge the same. In the event that the CONSULTANTS do not payor satIsfy such claIm or hen WIthm ten (10) busmess days after the filing of notIce thereof, the CITY, in additIon to any and all other remedies, may fOrthWIth terminate thIS Agreement, effectIve lInmedIately IX. DEFAULT A. The occurrence of any of the follOWIng, by eIther party, shall constItute an event of default hereunder' 1 The fihng of a petItIon by or agaInst or for adjudicatIon as a bankrupt or insolvent, or for reorganizatIon, for the appointment of a receIver or trustee of the property 2. An asSIgnment for the benefit of creditors. CONSULTANT AGREEMENT Page 5 3 The talang of possessIOn of the property by any governmental officer or agency pursuant to statutory authority for the dISsolutIon or lIqUIdatIOn of the busmess. 4 Non-payment of compensatIOns due hereunder for CONSULTANTS' servIces. B Upon the occurrence of any of the foregomg, or If eIther party shall fall to discharge and perform the obligatIons under thiS Agreement after havmg receIved five (5) days wntten notIce from the non-defaultmg party of Its faIlure to perform, the non-defaultmg party shall have the nght, WIthout prejUdICe to any fight or remedy afforded by law or eqUIty, to termmate theIr performance of the Agreement. c. If the defaultmg party IS the CONSULTANTS and the CITY elects to termmate the Agreement, the CONSULTANTS shall remove themselves from the premises and turn over to the CITY as the CITY's property, all matenals, reports, maps, documents, plans, and other wntten documents prepared or obtamed by the CONSULTANTS mCldent to theIr work under thIs Agreement upon payment m full by the CITY of all amounts due and OWIng to the CONSULTANTS. D If the defaultmg party is the CITY, CONSULTANTS shall not be reqUIred to deliver any work product performed under thIs Agreement, mcludmg but not hmited to materials, reports, maps, documents, plans or other written documents prepared or obtamed by CONSULTANTS Incident to Its work under this Agreement unless and until all defaults or CITY have been cured and all payments due CONSULTANTS have been made. E. If it should become necessary for eIther of the partIes to resort to legal actIon because of a default by the other party, then each shall pay Its own legal fees, mdudmg appellate proceedmgs. x. WARRANTIES AND CONFLICT OF INTEREST The CONSULT ANTS represent and warrant that they have every legal nght to enter mto thIs Agreement and the CONSULTANTS will not be restrIcted m providing the performance hereunder by any prior commitments. The CONSULT ANTS hereby warrant that there IS no conflict of mterest m CONSULTANTS present employment, If any, WIth the actIvItIes to be performed hereunder and shall adVIse the CITY If a COnflICt of mterest arises m the future. XI. SUCCESSORS This Agreement shall msure to the benefit of and be binding upon the heIrs, executor, admmistrators, successors and assigns of the partIes hereto, except as expressly limited herem. 2. XII PERMITS AND LICENSES ../ -=0 b-e. 5: All pennits and licenses required by any governmental agency shall be paid for by the CITY t7 XIII. ASSIGNMENT ~S ~ c-~~ ~r~ .... ~S ~~ ~C.Q.... { WL; ~~ \J 4-tq w ~ (1- r~ W p~-(,~ 7 This Agreement and the servides hereunder are non-assignable by CONSULTANTS unless the CITY has given written consent. TIns Agreement and the obligatIons hereunder are not assignable by CITY unless CONSULTANTS have gIven wntten consent to such asSIgnment. Any attempted asSIgnment WIthOUt such wntten consent shall be VOId. CONSULTANT A<.:.-.<EEMEN'.. Page 6 XIV SCHEDULE The work and servIces set forth In thIS Agreement shall be completed as provIded on the Schedule contaIned m the aforementIOned EXHIBIT B, m Paragraph I (C), or In accordance wIth any other date agreed upon m wntmg by both partIes. xv INDEPENDENT CONTRACTOR. ~r~ v\' In all matters relatmg to thIS Agree , the CONSULTANTS shall be actIng as an Independent contractor NeIther the CONSULT S nor employees of the CONSULTANTS, If any, are employees of the CITY under th eanmg or apphcatIOn of any Federal or State Unemployment or Insurance laws or Old Age , or otherwIse. The CONSULTANTS agree to assume all habIhties or obhgatIons Imposed one or more of such laws WIth respect to employees of the CONSULTANTS, If he performance of thIS Agreement. The CONSULTANTS shall not have any authonty to assume or create any obhgatIOn, express or Imphed, on behalf of the CITY and the CONSULTANTS shall have no authonty to represent as agent, employee, or m .any other capacIty than as herembefore set forth. XVI. HEADINGS The headings used in tlns Agreement are for reference only and shall not be rehed upon nor used m the mterpretatIon of same. XVII. INTERPRETATION A. If the CONSULTANTS be a partnerslup or corporation, all words in tlns Agreement refemng to the CONSULTANTS shall be read as though wntten m the plural or 10 the neuter gender, as the case may be. B. This Agreement and all of the terms and provISIons shall be Interpreted and construed according to the law of the State of Florida. Should any clause, paragraph, or other part of thIS Agreement be held or declared to be VOId or illegal, for any reason, by any Court havmg competent Jurisdiction, all other clauses, paragraphs or parts of this Agreement shall, nevertheless, remam In full force and effect. C. ThIS Agreement between the parties shall be deemed to mclude this Agreement and any addendum pertaimng hereto as may be executed by the partIes. The CITY shall not be bound by an addendum or change order hereto unless It IS sIgned by an executive officer or such other authOrIzed representative of the CITY The CONSULTANTS shall not be bound by any addendum or change order hereto unless It IS signed by an officer of the CONSULTANTS XVIII. MISCELLANEOUS A. LitIgation. It is understood that the fixed sum payment amount set forth m Paragraph III (A) does not include compensation to CONSULT ANTS for asSIStIng the CITY m htIgatIon m whIch the CITY may be 1Ovolved. If the CITY deSIres assistance from the CONSULTANT m htIgatIon, the partIes shall agree in wnting on the compensatIon. CONSULTANT AGREEMENT Page 7 B Records: All records relatmg to the work performed and reimbursable expenses incurred, mcluding reports of accounts, shall be mamtamed by CONSULTANTS on generally accepted accountmg pnncIples and shall be avaIlable to the CITY or Its authonzed representatIves. XIX. NOTICE. Any notice provIded by thiS Agreement to be served m wntmg upon either of the parties shall be deemed sufficIent If dehvered to an authonzed representatIve of eIther of the parties, or if mailed by regIstered or certIfied mall, return receIpt requested, to the address of the party above wntten or to such other addresses as the parties hereto may desIgnate m wntmg. Such notice shall be effective from the date the same IS deposIted m the malls, registered or certIfied mall, return recei uested, first class postage prepaId and addressed, whether or not receIved. TERMINATION ~\..lA~ ~ \oc> ~1te:::...-t ~1. -e.-~\ ~--u- g It is hereby agreed that this Agreement IS for a term commencmg on the date first above wntten, and ending one year hence, and may be extended for a specific penod of time and for mutually agreed upon compensation. It is understood, however, that future extensions may be made only If fully m writing by the parties hereto >- Notwithstandmg the foregomg, eIther party can termma e written notice. XXI. ENTIRE UNDERSTANDING TIns Agreement contaIns the entIre understandmg between the parties and no modification or alteration of this Agreement shall be binding unless endorsed m wnting by the parties hereto XXII. BINDING EFFECT This Agreement shall not be bmdmg untIl executed by all parties. IN WI1NESS WHEREOF, the parties hereto have executed thiS Agreement by theIr duly authorized representatives on the date first above wntten. CONSULTANT AGREEMENT ATTEST (Seal) ATTEST (Seal) F'\MOO037 _O\OOCUMEN1iConsultAgrecmcntDOC Page 8 McMahon Associates, Inc. (CONSULTANTS) By Title Associate CITY OF BOYNTON BEACH (CITY) By- Title: CONSULTANT A~llliEMENl Page 9 EXHIBIT A SCOPE OF SERVICES Task 1- Inventory/Agency Coordination We will initiate a project scoping meeting With the CITY, at the outset of the project. This meeting will discuss the scope of the review and refine the aspects of all work and deliverables to be produced by the CONSULTANT for the proJect. 2. Obtain and review all apphcable documentation, including the original DRI and the nine (9) subsequent amendments of the Quantum Park DR! We are assummg that m cooperation with the CITY, they wIll produce all eXisting available information, and make this information avaIlable to the CONSULTANT 3 We wIll field review the study area and conduct windshield surveys, as required, of the surrounding roads and intersections of the Quantum Park, noting pertinent phYSical features and traffic control devices. 4 Secure all appropriate eXlstmg and future land use data for the study area, as available from the CITY Task 2 - Review of NOPC - Amendment No. 10 1 Evaluale the transportation elements of the prevIous nine (9) amendments. Cross-examine the findings of transportation elements with the original DRI and Development Order (DO). 2. Separately review the transportation elements of the proposed Amendment No. 10 Cross-examine the findings from this review with the original DRI and DO, and determine consistencies/inconsistencies with the plan. 3 Evaluate the proposed Amendment No. 10 against the criteria stipulated by the Treasure Coast Regional Planmng Council. Determine if the NOPC meets the established requirements or IS classified as a substantial devIatIon. 4 Evaluate the number of vested tripS for the original DRI. Determine if the NOPC Amendment No. 10 meets the vested trips, or exceeds, thereby resulting in a substantial deviation. 5 Evaluate.the land uses. Determme if the land uses proposed in the NOPC, Amendment No to match those consistent with the CITY and the DRI. Task 3 - Reports, Meetings and Project Administration 1 We will prepare a draft report from our review/analysis, and submit to the CITY for review and comment. The report will contam the information collected from Task 1, the basis for the review /" Appropriate graphics will be included in the report. We will provide five (5) copies of this draft 1) report. 2. We will meet with CITY staff to discuss the draft report and address comments. Also, each meeting will be documented and included in the report to support the consensus for the plan. We assume that three (3) meetings, following execution of the contract, will be required during this process. The first meetmg Will be project initiation, and the second meeting will be to review the draft report, and the CONSULTANT Au-REEMEI\1 Page 10 third meeting with the CITY Planmng and Zoning Board. Each meeting will be documented and included in the report. 3 A final report will be submitted to the CITY incorporating all of the comments received to date. This report will be utilized for the CITY to coord mate with the DRI applicant. 4 The final report will be formally presented at one City Planning and Zoning Board meeting. 5 The final report will be modified by the CONSULTANT and resubmitted for final review by the CITY based on the comments received from the City Planning and Zoning Board. We will resubmit fifteen (15) copies of the final report once approved by the Planning and Zonmg Manager, and/or the Manager's deSignee. F'\M98335 ]\OOCUMENT\M9833507.DOC FROM: NICK IGWE .~~ ~\ 11?SJfJ '.':.; \\ ~. \'j ~~ .--l .' ,\,.. \ -- '..... . \ , -~~\) \ \...- '-?~i-\\~\~\\~~t.?1. -",'1'1' u v . LVi'll'" RE: M' k KLUM pr; "'51 at I DO R~\J~ ~ Qu.dLU\^ P ~ Ie. ~~r-c.. c c;tu ~ G~"\c;t- Please review attached and see me to discuss. TO: DATE: a a Please review attached and handle it. Keep me updated. See me if there are problems. a Please review and file. a Please return this call for me. a Calendar this meeting/hearing. ~ Other: P~Su,* l~ ",\'U'-W" ~) \~ ye~l~~ liv-, eJo'1)~ 'Y<-~ ~ ~~ h~ ~ ~~~c;j ~ ~ ~ ~~~W ck~s ~ ?CZ~ 'J 5) ~ ~d l' ~. l\;v. ~ dye, \ r:- l.\ ~ 'VQA ~~ ~vk>~ Priority: a High a Medium a Low Deadline: Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD PO BOX310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to. fax #. date. from re: 9&-N'V 7:k-~l/h~, JAC.L-I4-hdY/ 4' A-ooc.Gi zb2/J I ~ 5 tvl- 3 ~i- 091() 03 - ::2 3 .-00 (>fIA $.-1...4 .J!a.f!o,;) ~A--l6}<"- f1 t.U..--i1i2 u-- 1 'i J - & 2. ~ 2 QU2-n.:11.M {~11~1zM- AO~d- pages ~ mcludmg cover sheet. 1t+b[~6 {ltJ2.. ('Xl? ') /, SI ~ OY1cl '4 tJ~ ~ dr~ \ lUtrY1suJJ un.i ~r-U' 'f1w.d;; 'I ~u ~ ~L.1u-\-1 'tr~ ~+u. 4 r'2QvV4u L~{}'h1 Ylrll< J~ (}y\ ~ po ~ Cl~O *CfM Vi< ~t~ ~ ~1iM't of:,i ~ Y't:---- fZ1 C UYVI~ lA rbd ~00{f~ ~ ~ h~_ ~ (1 j0itVV>) phaJ em./hL: 6rL (v1c.A&-fM T(J~ ('-,&1-142 -00<;:;.) erA 'JtJs -- ,-C u~JY CTr Planning and Zoning DiviSIOn City of Boynton Beach Boynton Beach, Florida 33425 742-6260 Fox: 742-6259 ~ I--'~ANSMISSION VERIFlcr--ON REPORT '-- I TIME 03/23/2000 13 07 NAME BOVNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE,TIME FAA NO INAME DURATION PAGE(S) RESULT MODE 03/23 13 04 93640990 00 03 11 05 OK STANDARD ~M"l!.:61j9!'!..~,'~.~lli..l~.~. RESPOl\. 51\ E TRAl\.SPORTATlO'\1 SOLl TlO'\1S PRINCIPALS Joseph W: McMahon, P.E. Rodney P Plourde, Ph.D P.E. Joseph J DeSantis, P.E. Invoice ASSOCIATES: John S. DePalma Case" A. Moore, P.E. William T Steffens TERMS. NET 30 Michael Rumpf Planning &Zoning Director City of Boynton Beach Department of Development 100 E. Boynton Beach Blvd PO Box 310 Boynton Beach FL 33425-0310 March 20 2000 Project No M00037 0 Invoice No 0091930 Project: M00037 0 QUANATUM PARK NOPC REVIEW For' Review traffic analysis methodology for proposed amendment to add 500 resident units to DRI Billina period. January 29. 2000 throuah February 25. 2000 Services Totals Total Labor Hours 400 11 50 750 3000 400 5700 Rate 130 00 11 0 00 6500 6000 5000 Amount 520 00 1,265 00 487 50 1 800 00 200 00 4,272.50 Associate Sr Trans Eng IV TransEngineer III TransEngineer II Technician/WP III 4,272.50 Total this invoice $4,272.50 425 Commerce Drive Suite 200 Fort Washington. Pennsylvania 19034 215 283 9444 fax 215 283 9445 e-mail mcm0'mcmahontrans.com Serdng the Mid Atlantic Southeast and New England Regions DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 00-074 hi1' TO' Nicholas Igwe Assistant CIty Attorney Michael Rumpf Ji> ~IV DIrector of Plang~g a~d Zomng FROM. DATE. March 16, 2000 SUBJECT Quantum Park Traffic Study As dIscussed, I am forwardmg for your reVIew and processmg the contract for traffic consultmg WIth McMahon Associates, Inc, as reqmred for the reVIew of traffic analysIs submItted for the Quantum Park NOPC apphcatIOn. You wIll recall that an outsIde traffic analysIs would be required, as established by a former development order for the DR!, and would be at the cost of the apphcant of the Quantum Park DR! NOPC All work promIsed by thIS contract has been completed to date Please conduct your reVIew of the attached contract and process for CommISSIOn reVIew and approval. Please contact me If you have any questIOns concernmg thIS matter J,\sHRDAT A\Planning\sHARED\WP\PROJECTs\QL"ANTUM 2000\DRf\Quantum Park DRI-NOPC.doc ~0.~;'f.~~.~):;,,~;,\~,S~~~~. ~;:;. RESPO'\[SI\ E TRAl\SPORTATIO'\ SOll TIO'\[S PRI:\CIPALS JosefJh \\ .\IL.\lahon. P.E. Rodne\' P Plourde Ph.D Pl. ASSOCIATES Joseph J DeSantis. P.E, John S. DePalma Cast''\" A. ..\--1oor P.E. Mr MIchael W Rumpf City of Boynton Beach DIrector of Plann1l1g and ZonIng City Hall 100 East Boynton Beach Boulevard POBox 310 Boynton Reach, FL 33425-0310 Febru~~O ~j If' ~ i'f~ ~:t iru i:1 - 'l : ;,... 1::' ,7 N , .~< _', " 117 R ",-"" I, 1/.,Jt; r-,I . '~" '0/ ! FEB 2 2 ' ! ii / j , 1 RE. RC"lew of Traffic AnalYSIS for Quantum Park DRI NOPC - Amendment #10 McM Project No M000370 Dear Mr Rumpf Based on direction and authonzatlOn by Lusla Galav of the City of Boynton Beach Plannmg Department, McMahon ASSOCiates, Inc. has commenced With the project review of the Quantum Park DR! Notice of Proposed Change (NOPC) for Amendment #10 TIllS wnttcn authOrIzatIOn IS attached for your reference. Also attached IS three copies of the agreement to be executed benveen McMahon ASSOCiates, Inc and the City of Boynton Beach. This agreement has been prepared consistent WIth the City'S format and includes Exhibit A - Scope of Services, Exhibit B - Project Schedule, and Exhibit C - Fee Schedule. As you can see by the wntten authonzatlOn from Ms. Lusla Galav, the project is to be completed Within 10 days. McMahon ASSOCiates has already transmitted a draft and a final draft of the review of the Quantum Park DR! NOPC, to Ms. Lusla Galav's office. Based on the submittal of thIS draft, we would expect the City to commence with the execution of thiS agreement, so that McMahon Associates can submIt the appropriate Invoices for services, payable III 30 days from receipt of invoice. We thank you again for the opportunity to work with your office and look forward to future opportunities. ~uiW~ A John S DePalma, Associate \.j' Geoeral Manager, Southeast Region JSDlhsv Attachments F'\M0003 7.0\DOCUMENTS\ltrBB021700.DOC 2240 Woolbright Road Suite 204 Boynton Beach Florida 33426 561 364 1666 fax 561 364 0990 e-mail: mcmtrans@gate.net Serdng the Mid Alantic Southeast and Neu' England Regions ~~:~t::;.~,?,~,P;;IS~,~r:~~. ~~+ RESP01'<SI\ E TRA '<SPORTATIOl'. SOLlJTIO'<S PRI:\CIPALS Joseph W '\ldl"hon, P E. Rodne" P PI",,,,k Ph.D P.E. ASSOCIATES: Joseph J DeSantis, P.E. John S. DePalma Cas,\' ... .\luor< P.E. LUSla Gala\, Semor Planner Plannmg and Zomng DIVISIOn Clt) of Boynton Beach I 00 ~3St B"ynton Beach Boulevard POBox 310 BO)'''ltcn Beach, FL 33425-0310 February 16,2000 ~@L_ uU/ FEB I 7 iLUU L. ;)1 "/ J _I j,G AND ?');I' 'J DEPr RE RevIew of Traffic AnalYSIS for Quantum Park DRl NOPC - Amendment #10 McM Project No M000370 Dear Ms. Galav McMahon ASSOCIates, Inc. has reVIewed the "NotIficatIOn of a Proposed Change to a PrevIously Apprnved Dev,~lopment of RegIOnal Impact (DRl)" (NOPC) for the Quantum Park DR!, dated February 2,2000 11' :::!udcd are our comlnents regardmg thIs submIttal. In general, It IS our finding that the apphcant's submIttal lacked suffiCIent InformatIOn for a proper and thorough reVIew We understand It IS theIr pOSItIOn that no supportmg mformatIOn IS reqUIred because they beheve the proposed change does not qualify as a Substantial DeViatIOn. GIven the proposed changes, we beheve adequate documentatIOn must be presented to substantiate theIr claIm that the proposed changes will not sIgruficantly Impact the regIOn. Based upon our reVIew, It appears that the proposed changes do constItute a SubstantIal DevlatIOn. Accordmgly, we have IdentIfied speCIfic areas of concern for which we beheve addItIOnal analYSIS is appropnate. If you have any questions concerning the above matter, please do not heSItate to call me. Walter W BertschInger, AICP Senior Transportation Planner WWB CAT Attachment F'\M00037 _O\DOCUMENTS\ltrLG021600.DOC 22~0 Woolbright Road Suite 20~ Boynton Beach Florida 33~26 561 36~ 1666 fax 561 36~ 0990 e mail: mcmtrans@gate.net Saving the Mid Alantic, Southeast and New England Regions Quantum Park DR! NOpe Amendment #10 Review The apphcant, MTF Development, Inc, a Flonda CorporatIOn, has submItted a NotIficatIOn ofa Proposed Change (NOPC) to the CIty of Boynton Beach regardmg the Quantum Park DR! The DR! was ongmally approved m 1984 Smce the ongmal approval, there have been nIne amendments. The NOPC request by MTF Development, Inc represents the 10th amendment. ThIS amendment proposes land use changes that dIffer from the ongmal DR! and subsequent amendments. The pnmary dIfferences mclude the mtroductIOn of multI-famIly housmg and mIxed-use development. The proposed changes also mtend to mcrease the amount of commercial square footage by 44 5 percent versus the amount that was approved m NOPC Amendment #9 Altogether, the changes raIse concerns regardmg traffic Impacts upon adJacent roadways, whIch could result m addItIOnal regIOnal Impact. Therefore, the CIty of Boynton Beach requested an exammatIOn of any potentIal problems m NOPC Amendment #10 McMahon Associates, Inc has revIewed NOPC Amendment # 10 to determme If the land use changes constItute a substantIal deViatIOn from the most recently approved NOPC Amendment #9, March 1999 The reVIew mcluded an exammatIOn of 9J-2 and Chapter 380 rules regardmg substantIal deViatIOns. The results mdIcate a few areas of concern, WhICh are presented m the followmg analysIs. Rule 9J-2, "Rules of Procedure and PractIce Pertammg to Developments of RegIOnal Impact", contams Subpart B "Development of RegIOnal Impact Procedures" subsectIon 9J-2 025, "Local Government Development Orders," sub-subsectIOn (11) (d) WhICh states that "Any change to a prevIOusly approved DR! WhICh the developer beheves meets the cntena of Subparagraph 380 06(19)(e)2, Flonda Statutes, shall be submItted to the DIVIsIOn, the local government, and the regIOnal p1annmg agency usmg Form RPM-BSP-PROPCHANGE-1 " Such changes are conSIdered cumulatIvely WIth all other preVIOUS changes to the DR! m determmmg whether the condItIons of Subparagraph 380 06(19)(e)2 , Flonda Statutes, are met. An exammatIOn of the condItIOns of Subparagraph 38006(19)(e)2., Flonda Statues, determmed that the apphcant's NotIficatIOn of a Proposed Change Amendment #10 has not met all of the condItIons of Subparagraph 38006(19)(e)2., Flonda Statutes In partIcular, Subparagraph 380 06( 19)( e )2., Flonda Statues, states that "Except for a development order rendered pursuant to subsectIOn (22) or subsectIOn (25), a proposed change to a development order that mdIvIdually or cumulatIvely wIth any prevIOUS change IS less than 40 percent of any numencal cntenon contamed m subparagraphs (b) 1-15 and does not exceed any other cntenon, IS not subJect to the pubhc heanng reqUIrements of subparagraph (f)3, and IS not subJect to a determmatIOn pursuant to subparagraph (f)5 " As stated m Subparagraph 380 06(19)(e)2, Flonda Statutes, a NotIficatIOn ofa Proposed Change that meets the cntenon m subparagraphs (b) 1-15, does not reqUIre further actIOn. However, If the cntena are not met, as stated m Subparagraph (b), further development reVIew IS requIred. Subparagraph (b), stIpulates that "Any proposed change to a prevIOusly approved development of regIOnal Impact or development order condItIOn whIch, eIther mdIvIdually or cumulatively WIth other changes, exceeds any of the followmg cntena shall constItute a substantIal devIatIOn and shall cause the development to be subJect to further development-of- regIOnal-Impact reVIew wIthout the necessIty for a findmg of same by the local government." Durmg the reVIew of NOPC Amendment # 1 0, It was determmed that two of the fifteen cnterIa of subparagraph 380 06(19)(b) were not met. The cntena mclude 9 An mcrease m the number of dwellmg UnIts by 5 percent or 50 dwellmg UnIts, whIchever IS greater lOAn mcrease m commercial development by 6 acres of land area or by 50,000 square feet of gross floor area, or of parkmg spaces provIded for customers for 300 cars or a 5-percent mcrease of any of these, whIchever IS greater The number of dwelhng UnIts and commercIal square footage presented m the CrItenon of Subparagraph 380 06(19)(b)1 -15 may be reduced to 40 percent of the ongmal numbers. The 40 percent reductIon m dwellmg umts from 50 to 20 and commercial square footage from 50,000 to 20,000 dId not enable NOPC Amendment #10 to fall wIthm the cntenon reqUIrements. NOPC Amendment # 10 proposes to buIld 500 dwellmg UnIts and provIde an addItIonal 131,000 square feet of commercial land use as compared to NOPC Amendment #9, see ExhibIt 3 Based on the results of tills reVIew, m accordance WIth Rule 9J-2 and Chapter 380 reqUIrements, It appears that specIfic land use changes m NOPC Amendment #10 have created a substantIal deVIatIOn from the ongmal DR! and subsequent amendments. Subparagraph 380 06(19)(a) stIpulates that "Any proposed change to a prevIOusly approved development WhICh creates a reasonable hkelihood of addItIOnal regIOnal Impact, or any type of regional Impact created by the change not prevIOusly revIewed by the regIOnal plannmg agency, shall constItute a substantial deViatIOn and shall cause the development to be subJect to further development-of- regIOnal-Impact revIew" The ongmal DR! and prevIous amendments dId not contam resIdential and mIxed-use development. Smce these two land uses were not mcluded m the ongmal DR! revIewed by the Treasure Coast RegIOnal Plannmg CouncIl nor in any subsequent amendments to the DR!, the Treasure Coast RegIOnal Plannmg CouncIl should have the opportUnIty to reVIew NOPC Amendment # 1 0 for the potential regIOnal Impact. In addItIon to the concerns already addressed regardmg the substantIal deViatIOn, there are a few other questIOns that were raised durmg the reVIew of NOPC Amendment #10 They are as follows In completmg form RPM-BSP-PROPCHANGE-1, MFT Development, Inc opted not to provIde the SubstantIal DeVIatIOn DeterminatIOn Chart as stIpulated m part 6 of the form. Instead, they rephed 6 1 The SubstantIal DeViatIOn DetermmatIOn Chart has not been completed m support of thIS NotIce of Proposed Change The chart has not been prepared or updated smce the Second Amendment to the Development Order ThIS NotIce of Proposed Change IS submItted to effect the Tenth Amendment to the Development Order 6.2 No change to the DR! IS proposed other than as set forth m paragraph 5, above Because of the multIple land use desIgnatIOns on many of the lots wIthm the DR! proJect, the Apphcant submIts that completIOn of the SubstantIal DeViatIOn DetermmatIOn Chart would not be productIve There are over 100 lots wIthm the DR! consIstmg of several land uses The development of a SubstantIal DevIation DetermmatIOn Chart would not be a sImple matter However, the fact that It has not been prepared for Amendments 3 - 9, does not warrant Its exclusIOn m the NOPC Amendment #10 ThIS IS especIally true smce the land use changes in NOPC Amendment #10 have constItuted a substantIal deViatIOn from the ongmal DR! and subsequent amendments Another area of concern mvolves the tnp generatIOn compansons m ExhIbItS 1-4 that were mcluded m a letter to Ms. LUSIa Galav, dated February 2,2000 Upon further reVIew of the tnp generatIOn numbers, we dIscovered some dIscrepancIes whIch are hsted below 1 Lots 83 through 89 were not mcluded m sub-paragraph number 5 of form RPM-BSP- PROPCHANGE-1 2 In ExhibIts 1-4, the reported tnp generatIOn rate for AM and PM Land Use Code 710 (InstItute of TransportatIOn Engmeers' Trip Generation, 6th EdItIOn) underestImated the total tnps due to mcorrect tnp rates. For example . Reported AM Tnp Rate of 1.346 per 1,000 Gross Floor Area (GFA) ITE 6th EdItion. Actual AM Peak Hour Tnp Rate (ITE 6th EdItion) is 1.56 per 1,000 GF A. The dIfference equals 171 addItIOnal tnps usmg the correct tnp rate . Reported PM Tnp Rate of 1.28 per 1,000 Gross Floor Area (GF A) ITE 6th EdItIOn. Actual PM Peak Hour Tnp Rate (ITE 6th EdItion) IS 1 49 per 1,000 GF A. The dIfference equals 168 addItIOnal tnps using the correct tnp rate. . The reported AM and PM tnp rates m Exhibits 1-4 could not be located in ITE 6th, 5th, 4th and 3rd Trip Generation. 3 In ExhibIts 1-4, the Park and Ride total tnps are unsubstantIated. ITE Land Use Code 90 IS used m all four exhibIts wIthout a descnptIOn of the varIable used or mtensIty ITE Trip Generation, 6th EdItIOn prOVIdes three varIables mcludmg parkmg spaces, occupIed parkmg spaces, and the number of acres It IS unknown WhIch was used. Also, the source of the percentage of dally tnps was not found m eIther the ITE 6th or 5th EdItIons. It IS unsure where the percentage was denved. ThIS omISSIon could Impact the actual number of tnps that the Park and RIde lot generates. 4 ExhIbItS 1-4 include a Convemence Store usmg ITE Land Use Code 853 under the Land Use column. Accordmg to the SIte plan, a MobIl Gas StatIOn wIth a convenIence store WIll be part of the development. The ITE Land Use Code for thIS land use IS 845 An exammation of the number of tnps generated by a Convemence Store wIth Gas Pumps (853) versus a Gas StatIOn wIth a Convemence Store (845) results m an mcrease m AM and PM peak-hour tnps of 100 percent for the Convemence Store wIth Gas Pumps, gIven that both land uses have a sImilar number of gas pumps. It IS suggested that ITE Land Use Code 845 be used mstead of 853 to bnng the tnp generatIOn analysIs of the proposed NOPC Amendment #10 mto agreement wIth the sIte plan. Conclusions The land use changes m NOPC Amendment #10 exhibIt a substantIal deViatIOn from NOPC Amendment #9, wIth the addItIon of multI-famIly resIdential UnIts and mIxed-use development. ThIS wIll reqUIre addItIOnal reVIew With the advent of the aforementIOned land use changes, a Substantial DeViatIOn DetermmatIOn Chart should have been provIded. Tnp generatIOn rates and land use code dIscrepanCIes m ExhibIts 1-4 need to be clanfied because the correct ITE 6th EdItIOn rates mdicate a larger number of net new external tnps As noted prevIOusly, there IS some uncertamty concernmg the actual number of Park and Ride tnps. ThIS needs to be resolved to arrIve at the actual number of net new external tnps. In addItIOn, It IS our mItIal findmg that at a mmImum, the followmg analysIs be provIded. . Analyze the operatIOn of Gateway Boulevard between Congress Avenue and 1-95 for the eXIstmg (currently approved) and proposed development scenarIO dunng the AM and PM peak-hours. ThIS analysIs should focus on peak-season condItIons and should be based on actual count mformation. It IS recommended that the analysIs tool be the Flonda Department of TransportatIOn's ART PLAN spreadsheet program. . All mtersectIOns of roadways whIch provIde access to the DR! wIth Gateway Boulevard must be analyzed for both the currently approved and proposed development scenano for the AM and PM peak-hours . Analyze the operatIOn of the 1-95/Gateway Boulevard mterchange/ramps dunng the AM and PM peak-hours. . Analyze the mtersectIOn of Congress A venue and Gateway Boulevard dunng the AM and PM peak-hours, for both the eXIsting and proposed development scenarIOS. . Analyze the mtersectIOns of High Ridge Road and Hypoluxo Road and High RIdge Road and Minor Road for both the AM and PM peak-hours, for both the eXIstmg and proposed development scenarIOS. . Analyze the AM and PM peak-hour operatmg conditions for the mtersectIOn of Congress A venue and Quantum Boulevard for both development scenanos. All of the above analyses should be performed for two hOrIzon years, the total bUIldout of the DR! and Year 2000 F'\M00037 _O\DOCUMENTS\ltrLG02I 600.DOC DRAFT Quantum Park DR! NOPC #10 Substantial Deviation Recommendations The applIcant, MTF Development, Inc., A Flonda CorporatiOn, has submItted a NotIficatIOn of a Proposed Change (NOPC) to the CIty of Boynton Beach regardIng the Quantum Park DR! The DR! was ongmally approved m 1984 Smce the ongInal approval, there have been nIne amendments. The NOPC request by MTF Development, Inc represents the 10th amendment. ThIS amendment proposes land use changes that dIffer from the ongmal DR! and subsequent amendments The pnmary dIfferences Include the mtroductIOn of Multi-FamIly housmg and Mixed-Use development. The proposed changes also Intend to mcrease the amount of commercIal square footage by 44 5 percent versus the amount that was approved m NOPC #9 Altogether, the changes raise concerns regardmg traffic Impacts upon adJacent roadways, WhICh could result In addItIOnal regIOnal Impact. Therefore, the CIty of Boynton Beach requested an eXamInatIOn of any potentIal problems m NOPC # 1 0 McMahon ASSOCiates, Inc. has revIewed NOPC #10 to determIne If the land use changes constItute a substantIal deViatIon from the most recently approved NOPC #9 amendment, March 1999 The reVIew mcluded an eXamInatIOn of 9J-2 and Chapter 380 rules regardIng substantial deViatIOns. The results IndIcate a few areas of concern, WhICh are presented m the followmg analYSIS. Rule 9J-2, "Rules of Procedure and PractIce Pertammg to Developments of RegIOnal Impact", contains Subpart B "Development of RegIOnal Impact Procedures" subsectIon 9J-2025, "Local Government Development Orders", sub-subsectIOn (11) (d) whIch states that "Any change to a prevIOusly approved DR! whIch the developer beheves meets the cntena of Subparagraph 380 06(19)(e)2., Flonda Statutes, shall be submItted to the DIVISIOn, the local government, and the regIOnal plannmg agency usmg Form RPM-BSP-PROPCHANGE-1 Such changes are conSIdered cumulatIvely WIth all other preVIOUS changes to the DR! m determmmg whether the condItIOns of Subparagraph 380 06(19)(e)2., Flonda Statutes, are met. An exammatIOn of the condItIOns of Subparagraph 380 06(19)(e)2., Flonda Sta Y- apphcant's NotIce of Proposed Changes (NOPC) #10 has not met all of the co chtIons of Subparagraph 1\;{1.?~ 380 06(19)(e)2., Flonda Statutes. In partIcular, Subparagraph 380 06(19)(e) ., Flonda Statues, st~~{'I0\iTll that "Except for a development order rendered pursuant to subsectIon (2 ) or subsectIOn (I5 J, a proposed change to a development order that mdIvidually or cumulatively WIth any previous change IS less than 40 percent of any numencal cntenon contamed in subparagraphs (b) 1-15 and does not exceed any other cnterion, IS not subJect to the pubhc hearmg reqwrements of subparagraph (f)3, and IS not subJect to a determmatIOn pursuant to subparagraph (f)5" As stated m Subparagraph 380 06(19)(e)2., Flonda Statutes, a NotIficatIOn Of Proposed Change that meets the cntenon m subparagraphs (b) 1-15, does not reqwre further actIOn. However, if the cntena are not met, as stated in Subparagraph (b), further development reVIew IS reqwred. Subparagraph (b), stIpulates that "Any proposed change to a prevIOusly approved development of regIOnal impact or development order condItion whIch, eIther mdIvIdually or cumulatIvely WIth other changes, exceeds any of the follOWIng cntena shall constItute a substantIal deViatIOn and shall cause the development to be subject to further development-of-regIOnal-Impact reVIew without the neceSSIty for a findmg of same by the local government." _'.______..___ ~IID -.J fa) rn @ r; o ~-~'" -'- .Ii ! \' j; ,:. FE8 I rJ.JLO I"l.< ~< ,,'oiGAND , ~. ~ DEPT. "------ ~_._- DRAFT Dunng the reVIew of NOPC #10, It was determmed that two of the fifteen cntena of subparagraph 380 06(19)(b) were not met. The cntena mclude 79 An mcrease m the number of dwelImg umts by 5 percent or 50 dwelhng umts, whIchever IS greater lOAn mcrease m commercIal development by 6 acres of land area or by 50,000 square feet of gross floor area, , whIchever IS greater The number of dwelhng umts and commercial square footage presented m the cntenon of Subparagraph 380 06(19)(b) 1 -15 may be reduced to 40 percent of the ongmal numbers. The 40 percent reduction m dwellmg UnIts from 50 to 20 and commercial square footage from 50,000 to 20,000 dId not enable NOPC #10 to fall WIthm the cntenon reqUIrements. NOPC #10 proposes to buIld 500 dwellmg umts and provIde an addItIonal 131,000 square feet of commercIal land use as compared to NOPC #9, see ExhibIt 3 Based on the results of thIS revIew, m accordance WIth Rule 9J-2 and Chapter 380 reqUIrements, It appears that speCIfic land use changes m NOPC #10 have created a substantIal deViatIOn from the onginal DR! and subsequent amendments. Subparagraph 380 06(19)(a) stIpulates that "any proposed change to a prevIOusly approved development whIch creates a reasonable likelihood of addItIonal regIOnal Impact, or any type of regIOnal Impact created by the change not prevIOusly revIewed by the regIOnal planmng agency, shall constItute a substantIal devIatIOn and shall cause the development to be subject to further development-of-regIOnal-Impact revIew" PrevIOus amendments and the ongmal DRl dId not contam resIdential and mIxed-use development. Smce these two land uses were not included m the ongmal DR! revIewed by the regIOnal plannmg agency nor m any subsequent amendments to the DRl, the regIOnal planmng agency should have the opportunIty to review NOPC #10 for potentIal regIOnallIDpact. In addItIOn to the concerns already addressed regardmg the substantIal devIation, there are a few other questIOns that were raised dunng the reVIew of NO PC #10 They are listed in the followmg. In completmg form RPM-BSP-PROPCHANGE-1, MFT Development, Inc. opted to not prOVIde the SubstantIal DeviatIOn DeterminatIOn Chart as stIpulated m part 6 of the form. Instead, they rephed. 6 1 The chart has not been prepared or updated since the Second Amendment to the Development Order ThIs NotIce of Proposed Change IS submItted to effect the Tenth Amendment to the Development Order 6.2 No change to the DR! IS proposed other than as set forth m paragraph 5, above. Because of the multIple land use desIgnatIOns on many of the lots WIthIn the DR! project, the ApplIcant submIts that completIOn of the SubstantIal Deviation DeterminatIon Chart would not be productive. There are over 100 lots WIthIn the DRl consistmg of several land uses. The development of a Substantial DeVIation Determination Chart would not be a simple matter However, the fact that it has not been prepared for amendments 3 - 9, does not warrant its exclUSIOn in the proposed amendment #10 DRAFT especIally smce the land use changes m NOPC #10 have constItuted a substantIal devIatIon from the ongmal DR! and subsequent amendments. Another area of concern mvolves the tnp generatIOn compansons m ExhibIts 1-4 that were mcluded m a letter to Ms. LUSIa Galav dated February 2,2000 An exammatIOn of the tnp generatIOn numbers turned up some dIscrepancIes, which are hsted below Lots 83 through 89 were not mcluded m sub-paragraph number 5 of form RPM-BSP- PROPCHANGE-1 2 In ExhIbIts 1-4, the reported tnp generatIOn rate for AM and PM office (ITE Land Use Code 710, 6th EdItIOn) underestImated the total tnps due to mcorrect tnp rates. Reported AM Tnp Rate of 1 346 per 1,000 Gross Floor Area (GF A) ITE 6th EdItIon. Actual AM Peak Hour Tnp Rate (ITE 6th EdItIon) IS 1.56 per 1,000 GF A. The dIfference equals 171 addItIOnal tnps usmg the correct tnp rate. Reported PM Tnp Rate of 1.28 per 1,000 Gross Floor Area (GF A) ITE 6th EdItIon. Actual AM Peak Hour Tnp Rate (ITE 6th EdItIOn) IS 1 49 per 1,000 GFA. The dIfference equals 168 addItIOnal trIps usmg the correct tnp rate. The r7f.orted AM and PM tnp rates m ExhibIts 1-4 could not be located mITE 6th, 5th, 4th and 3 r GeneratIon GUIdelmes. 3 In ExhibIts 1-4, the Park and Ride Total tnps IS unsubstantIated. ITE land Use Code 90 IS used m all four exhibIts WIthout a descnptIOn of the IntensIty ITE 6th EdItIon provIdes three intensItIes mcludmg parkmg spaces, occupIed parkmg spaces, and the number of acres. It IS unknown which was used. Also, the source of the percentage of dally trIpS was not found m eIther the ITE 6th or 5th EdItIOn. It is unsure where the percentage was denved. ThIs omISSIon could Impact the actual number of trIpS that the Park and Ride lot generates. Smce the Park and Ride lot is located adjacent to 1-95 and Gateway Boulevard, It could be attractIve to Park and Ride patrons and subsequently generate more tnps than were reported. 4 The letter and ExhibIt 4 report Net New External Tnps equals 40 ThIs IS a mmuTIal number of new trips. However, by usmg the correct tnp rates from the ITE 6th EdItIOn, the actual number of Net New External Tnps mcreases to 208 That is a substantial number of new tnps. 5 If the Park and Ride trIp generatIOn IS mdeed underestImated as suggested m reply number 3, then It IS possible that the actual number of Net New External Tnps could be hIgher than 208 tnps. 6 ExhibIts 1-4 mclude a ConvenIence Store usmg ITE Land Use Code 853 under the Land Use column. Accordmg to the SIte Plan, a MobIl Gas StatIon WIth a convenience store WIll be part of the development. The ITE Land Use Code for thIs land use is 845 An examinatIOn of the number of trips generated by a Convemence Store with Gas Pumps (853) versus a Gas StatIOn WIth a Convemence Store (845) results in an increase in AM and PM tnps of 100 percent for the ConvenIence Store WIth Gas Pumps, gIven that both land uses have a SImilar DRAFl number of gas pumps. It IS suggested that ITE Land Use Code 845 be used mstead of 853 to brmg the tnp generatIon analYSIs of the proposed NOPC #10 mto agreement WIth the sIte plan. Conclusions The land use changes m NOPC #10 exhIbIt a SubstantIal DevIatIOn from NOPC #9 wIth the addItIon of MultI-FamIly resIdential umts and Mixed-Use development. ThIS wIll reqUIre addItIonal reVIew With the advent of the aforementIOned land use changes, a SubstantIal DevIatIOn DetermInatIOn Chart should have been prOVIded. Tnp generatIOn rates and land use code dIscrepancIes m ExhibIts 1-4 need to be clarIfied because the correct ITE 6th EdItIon rates IndIcate a larger number of Net New External Tnps (208 versus 40) ThIS number could be hIgher As noted prevIOusly, there IS some uncertamty concernIng the actual number of Park and Ride tnps. ThIS needs to be resolved to arrIve at the actual number of Net New External Tnps. In addItIOn, It IS our mItIal findIng that at a mInImum, the follOWIng analYSIS be provIded. . Analyze the operatIon of Gateway Boulevard between Congress Avenue and 1-95 for the eXIstmg (currently approved) and proposed development scenarIO dunng the AM and PM peak hours. ThIS analYSIS should focus on peak season condItIOns and should be based on actual count mformatIOn. It IS recommended that the analYSIS tool be the Flonda Department of TransportatIOn's ART_PLAN spreadsheet program. . All mtersectIOns WIth roadways whIch prOVIde access to the DR! WIth Gateway Boulevard must be analyzed for both the currently approved and proposed development scenarIO for the AM and PM peak hours. . Analyze the 1-95/Gateway Boulevard interchange ramps durIng the AM and PM peak hours. . Analyze the mtersectIOn of Congress A venue and Gateway Boulevard dunng the AM and PM peak pen ods, for both the eXIstmg and proposed development scenarIOS. . Analyze the intersectIOns of High Ridge Road and Hypoluxo Road and Minor Road for both the AM and PM peak hours, for both the existmg and proposed development scenarios. . Analyze the AM and PM peak hour operatmg condItIOns for the mtersectIOn of Congress A venue and Quantum Boulevard for both development scenanos. All of the above analyses should be performed for two honzon years, the total bUIldout of the DR! and F.\00037m_ O\Documents\Deviation2.doc As requested, please find the accompanying documents submitted in fulfillment of traffic consulting services required under the contract for same and delivered in connection with the Quantum Park DR! NOPC Your intuition was correct in that this document is only a contract for services, not an invoice (nor does it accurately represent the actual cost of services). We have recently received an invoice for approximately $4,000 and was told by the finn that this was approximately 80% of the project. Copies of the invoices are forthcoming. Once the contract is acceptable by city legal staff, it will be processed for commission approval. I will keep you infonned. 02/~1/2000 13 0~ / TO' FROM. DATE. SUBJECT 5613756259 BOYNTON BEACH P ~ Z PAGE 02 Waiter Bertschinger. McMahon and Associates. Inc. Lusia Galav, Senior Planner JW City of Boynton Beach ~ February 1.2000 Request for Review of Traffic Analysis Quantum Park DRl NOpe - Amendment # 10 Pursuant to our telephone conversatton yesterday. this is a fonnal equest to have McMahon and Associates conduct a review of the traffic analysis to be ubmitted by the applicant regarding the above referenced project. I will transmit the traffi analYSIS to you as soon as it is received from the applicant within the next several days. e city requests that the time frame for your review be 10 days to two weeks. Additional information will be provided to you with the transmittal of the traffic analysis. This independent analysis is required by amenclment No.8 of the Quan will be done at the applicant's expense. Thank you for your cooperation. Ce. Mike Rwnpf, Planning and Zoning Director /.Jcr eXec c..--k-c(/ CONSULTANT AGREEMENT THIS AGREEMENT, made and entered mto the _ day of , 2000 by and between City of Boynton Beach, Flonda, (heremafter called "CITY"), McMahon Associates, Inc., a CorporatIOn, wIth offices at 2240 Woolbnght Road, SUIte 204, Boynton Beach, FL 33426, (heremafter called "CONSULTANTS"). WITNESSETH. WHEREAS, the CITY WIshes to engage CONSULTANTS to provIde certam servIces WIth regard to the PROJECT as set forth by Paragraph I, DESCRIPTION OF WORK AND SERVICES, and WHEREAS, the CONSULTANTS represents that they have the expertIse to proVIde such work and servIces, NOW, THEREFORE, m consIderatIon of the mutual covenants contamed herem and mtendmg to be legally bound, It is agreed that CONSULTANTS are hereby employed, authorized, and mstructeq by the CITY to perform such servIces as are specifically described herem accordance with the following covenants and conditions, which both CONSULTANTS and the CITY have agreed upon. 1. DESCRIPTION OF WORK AND SERVICES A. The CITY deSIres to complete a traffic analYSIS for the Quantum Park DRI NOPC, Amendment No. lOIn such a manner that will help protect the health, safety, welfare and quahty of lIfe of the reSIdents of the CITY In furtherance of these goals, the CITY deSIres that the CONSULTANTS prOVIde professional servIces withm present technologIcal knowledge and accepted standards and conSIstent WIth the current reqUIrement of law Upon all partIes SIgnIng thIs Agreement, CONSULTANTS shall prOVIde such consultatIOn work and servIces as stIpulated by thIs Agreement, later presented In EXHIBIT A. B The work and servIces involved shall mclude reVIew of all pertment data, studIes and plans which the CITY has In Its possession relating to the DRI, and previous NOPC amendments and agrees to provide for CONSULTANTS Unless otherWIse agreed upon by both the CITY and the CONSULTANTS, mumcipal staff will proVIde the CONSULTANTS WIth the Quantum Park Development Order and supportIng documents. C. The CONSULTANTS shall work closely WIth the CITY on all aspects of the work and servIces. The work will include cooperatIve workmg seSSIOns WIth CITY and publIc offiCIals, CITY departments, other CITY representatives, and with other entities contributmg to the amendment as indicated in the project schedule In EXHIBIT B, hereto attached and made a part thereof. The CITY reserves the nght to make mInor modIfications to, or add or delete elements of the project, as set forth In EXHIBIT A. D The CONSULTANTS agree to provide, at a mInImum, nthly written status reports (to include a description of specific tasks and percent of specific tasks an project completed) and weekly verbal reports (VIa telephone or facsImile when telephone contact IS n t possible) whIch also describes C ~r-e..-'-'~ &- f'" / - t 1..--, . J (.. ~l) 0 '-tl 4:- '- ~~k/(f ~ c-/ t' ~ r-e-p CY'L --<; <;;L<-&-., ~ c-k ~ ~ CONSUL T ANT A(;.REEMENl Page 2 all work completed dunng such penods throughout the term of thIS Agreement, and further agree to provIde any additIonal mformatIOn or status reports as reasonably requested by the CITY - II MANNER OF PERFORMANCE A. The CONSULTANTS agree, as an Independent contractor, to undertake work and/or perform such servIces as may be specIfied m thIS Agreement, or any addendum executed by the partIes or In any authonzed wntten work order by the CITY Issued m connectIon WIth thIs Agreement. B All work as described herem, shall be performed to the satIsfactIOn of the PlannIng and Zomng Manager and/or hIS deSIgnee In a neat and workmanlike manner All dehverables shall be provIded to the CITY In a tImely manner allowmg suffiCient reVIew tIme pnor to forwardmg for further review by the CITY C Should any work and/or servIces be reqUired wluch are not specIfied In the Agreement or any addenda, but whIch IS nevertheless necessary for the proper completIon of the Job, such work or servIces shall be performed as fully as If described and dehneated herem, but CONSULTANTS shall first obtaIn perrmssIon from the CITY before startmg such work and CITY shall provIde payments for such additional work and/or servIces at CITY'S expense m accordance WIth Paragraph III (B) of thIS Agreement. D The CITY may request that CONSULTANTS make addItIons, deletIOns and changes m the work or services only by wntten notIce m accordance WIth the procedures heremafter set forth. Such shall be at the CITY'S expense and shall not be bIndIng until agreed upon by the partIes and such agreement is reduced to wntmg and sIgned by both partIes. E. The CONSULTANTS agree that the CITY shall not be lIable for payment for any work or servIces unless the CITY, through an authonzed representatIve of the CITY, authonzes the CONSULTANTS to perform saId work. III. COMPENSATION ~ A. As compensation for CONSULTANTS' servIces, the CITY agrees to pay CONSULTANTS in accordance WIth the terms andcondItlons set forth herem. The CITY shall pay a sum of $7,430 00 for the work and servIces to be performed under tlus Agreement pursuant to EXHIBIT C, hereto attached, and made a part thereof. Payment of SaId fee shall be due and payable monthly WIthin thIrty (30) days of inVOIce as long as said inVOIce IS accompanied by the respective status report on project progress and Includes respectIve dehverables. B If the CITY should desire additional work or servIces and CONSULTANTS agree to undertake same, the parties shall agree, m wntIng, to an addendum or addenda to thIs Agreement. The CONSULTANTS shall be compensated for such agreed addItional work and services based upon a payment amount acceptable to the partIes. C. The CONSULTANTS shall maIntain records conforming to usual accounting practices which shall be available to CITY or Its authonzed representatIve at all times throughout the term of tlus Agreement. The CONSULTANTS further agree to render requests for payment to the CITY, In writing, settmg forth InformatIon on actual costs mcludmg hourly rates, hours consumed by CONSULTANT A~REEMEN. Page 3 CONSULTANT, travel expenses, and matenals, whIch shall be submItted sImultaneously WIth the provisIOn of monthly status reports. All requests for payment are due and payable withm thIrty (30) days of the date of mVOIce. The amount of each monthly request shall be based upon time, matenals, and other expenses. IV USE AND OWNERSHIP A. All ongmal matenals, reports, documents, drawmgs, specIficatIons, computatIOns, sketches, test data, photographs, and rendermgs related to the servIces and work performed hereunder shall be the property of the CITY, once the CITY has paId CONSULTANTS m full for servIces rendered to date. The CITY shall be entItled to one (1) reproducible set of any of the aforesaid dehverables whIch are prepared by CONSULTANTS and fifteen (15) copIes of the DR! NOpe final reVIew B The CONSULTANTS agree that the CITY IS not reqUIred in Its development actiVIties to use any plan, report, drawmg, advIce, map, document, or study prepared by CONSULTANTS. Further, CONSULTANTS agree that the CITY III Its sole dIscretIOn, may utlhze the aforesaid, or any part thereof, or in any modIfied or amended form and CONSULTANTS waIve any nght of amendment to any of CONSULTANTS' work by the CITY or any person, firm or corporatIOn other than CONSULTANTS shall release CONSULTANTS from any and all habihty m connectIOn WIth such work thereafter and the CITY shall not use CONSULTANTS' name thereon. V INDEMNIFICATION A. The CONSULTANTS shall promptly notIfy the Accountmg Department and Legal Department of the CITY of all damage to property of the CITY or others and of mJUrIes sustained by any persons, mcludmg employees of the CONSULTANTS, m any manner relatmg dIrectly or mdirectly to the work wIthm the scope of thIS Agreement. B The CONSULTANTS agree to and do hereby mdemmfy and save the CITY harmless from and agamst any and all losses, damage, claIms, actIOns, hability, attorney's fees, and expense in contract or In tort, m connection with loss of life, bodily mjury and/or property damage occumng on or about or arising out of those pOrtIOns of the work under CONSULTANTS' control or wherever arIsmg if occasioned wholly by neglIgence of CONSULTANTS, or by them or theIr agents, servants, employees, should the same arIse dunng the progress of the work. C. NotWIthstandmg anything to the contrary herem contaIned, each party hereby waIves all claims for the recovery from the other party for any loss or damage to ItS property caused by fire or other insured casualty ThIS waiver shall apply, however, only where the msurance covenng the loss or damage will not be prejUdICed by any reason of such Waiver VI. INSURANCE. A. The CONSULTANTS shall secure and maintain m effect at all times, at theIr expense, insurance of the following kinds and limIts to cover all locations of the CONSULTANTS' operatIOns in connection WIth work on the PROJECT CONSULTANT AGREEMENl Page 4 1 Worker's CompensatIOn and Employer's LIabilIty covenng employees of the CONSULTANTS a. Worker's CompensatIOn up to statutory lImIts. b Employer's LIabIlIty WIth a hmIt of lIabIlIty of at least $1,000,00000 2. Pubhc LIabilIty Insurance coverIng the CONSULTANTS' legal lIabIlIty for bodIly InjUrIes In lImIts of not less than $1,000,00000 per person and $1,000,00000 per occurrence and for property damage of not less than $100,000 00 per aCCIdent and $200,000 00 aggregate. 3 AutomobIle LIabIlIty Insurance for bodIly InjUrIes In lImIts of not less than $1,000,000 00 per person and $1,000,000 00 per aCCIdent and for property damages of not less than $200,000 00 per aCCIdent, proVIdIng coverage for any aCCIdent arIsmg out of or resultmg from the operatIon, mamtenance or use by CONSULTANTS of any owned, non-owned or hIred automobIles, traIlers or other equipment reqUired to be lIcensed. 4 ProfeSSIonal LIability Insurance for all facets of CONSULTANTS' operatIOns and work, Including errors, omISSIon and neglIgent acts covenng thIS Agreement WIth mImmUffi lImIts of $1,000,00000 lIabIlIty per occurrence and $1,000,00000 aggregate errors and omIssions. VII. COMPLIANCE WITH GOVERNMENTAL REGULATIONS The partIes shall keep and perform all reqUIrements of applIcable Federal, State and local laws, rules, regulations or ordinances. VIII. LIENS AND CLAIMS The CONSULTANTS shall promptly and properly pay for all labor employed, materIals purchased and eqUIpment hired by them In connectIOn WIth the work, shall keep the CITY'S property free from any matenalIsm' s or mechanIcs' hens and claIms or notIces m respect thereto arIsing by reason of the CONSULTANTS' work and shall dIscharge the same. In the event that the CONSULTANTS do not payor satisfy such claIm or lIen WIthIn ten (I 0) busmess days after the filIng of notIce thereof, the CITY, In addItIOn to any and all other remedies, may forthWIth termmate thIS Agreement, effectIve ImmedIately IX. DEFAULT A. The occurrence of any of the follOWIng, by eIther party, shall constItute an event of default hereunder' 1 The filing of a petItion by or agaInst or for adjudication as a bankrupt or insolvent, or for reorganization, for the appoIntment of a receiver or trustee of the property 2. An asSIgnment for the benefit of creditors. -~------------_. CONSULTANT ~_";;REEMEl\ Page 5 3 The talong of posseSSIon of the property by any governmental officer or agency pursuant to statutory authonty for the dISsolutIon or lIqUIdatIOn of the busIness. 4 Non-payment of compensatIons due hereunder for CONSULTANTS' servIces. B Upon the occurrence of any of the foregoIng, or If eIther party shall faIl to dIscharge and perform the obligations under thIS Agreement after haVIng receIved five (5) days wntten notIce from the non-defaultIng party of Its faIlure to perform, the non-defaultIng party shall have the rIght, WIthout prejUdICe to any nght or remedy afforded by law or eqUIty, to termInate theIr performance of the Agreement. C If the defaultmg party IS the CONSULTANTS and the CITY elects to termInate the Agreement, the CONSULTANTS shall remove themselves from the premIses and turn over to the CITY as the CITY's property, all matenals, reports, maps, documents, plans, and other wntten documents prepared or obtaIned by the CONSULTANTS mCIdent to theIr work under thIs Agreement upon payment In full by the CITY of all amounts due and OWIng to the CONSULTANTS D If the defaulting party is the CITY, CONSULT ANTS shall not be required to deliver any work product performed under thIS Agreement, mcludmg but not lImIted to matenals, reports, maps, documents, plans or other wntten documents prepared or obtaIned by CONSULTANTS Incident to Its work under thIS Agreement unless and until all defaults or CITY have been cured and all payments due CONSULTANTS have been made. E. Ifit should become necessary for eIther of the partIes to resort to legal actIOn because ofa default by the other party, then each shall pay Its own legal fees, Includmg appellate proceedIngs. x. WARRANTIES AND CONFLICT OF INTEREST The CONSULTANTS represent and warrant that they have every legal nght to enter mto thIs Agreement and the CONSULTANTS will not be restncted In providing the performance hereunder by any prior commItments. The CONSULTANTS hereby warrant that there IS no confltct of mterest m CONSULTANTS present employment, If any, With the actIVIties to be performed hereunder and shall adVIse the CITY If a COnflIct of mterest anses In the future. XI. SUCCESSORS This Agreement shall Insure to the benefit of and be bindIng upon the heIrs, executor, admInistrators, successors and asSIgnS of the partIes hereto, except as expressly lIrmted herem. :2 ..i -1)c-e ~ All permits and licenses required by any governmental agency shall be paid for by the CITY t5=- XIII. ASSIGNMENT ~5 <;.-c- c-~~ G..-p?~ "'" FS ~~ \-e-.c..e.... '( WL; ""QI..t \J c~ w ~ 6.- ?~ \b/ f~-G~ 7 Tlus Agreement and the serviCes hereunder are non-assignable by CONSULTANTS unless the CITY has given wntten consent. Tlus Agreement and the oblIgatIons hereunder are not assignable by CITY unless CONSULTANTS have gIven wntten consent to such asSIgnment. Any attempted asSIgnment WithOut such wntten consent shall be VOId. XII PERMITS AND LICENSES CONSULTANT 1- REEMEN Page 6 XIV SCHEDULE The work and servIces set forth In thIS Agreement shall be completed as provided on the Schedule contaIned In the aforementIoned EXHIBIT B, In Paragraph I (C), or In accordance WIth any other date agreed upon In WrItIng by both partIes. xv INDEPENDENT CONTRACTOR. J' In all matters relatIng to thIS Agreem , the CONSULTANTS shall be actIng as an mdependent contractor NeIther the CONSULT S nor employees of the CONSULTANTS, If any, are employees of the CITY under th eanmg or apphcatIOn of any Federal or State Unemployment or Insurance laws or Old Age " or othelWIse. The CONSULTANTS agree to assume all habIlItIes or obhgatIOns Imposed Yi one or more of such laws WIth respect to employees of the CONSULTANTS, If he performance of thIS Agreement. The CONSULTANTS shall not have any authonty to assume or create any obhgatIOn, express or Imphed, on behalf of the CITY and the CONSULTANTS shall have no authonty to represent as agent, employee, or In .any other capaCIty than as hereInbefore set forth. XVI. HEADINGS The headmgs used m thIs Agreement are for reference only and shall not be relIed upon nor used In the mterpretation of same. XVII. INTERPRETATION A. If the CONSULTANTS be a partnerslup or corporatIon, all words In thIS Agreement refemng to the CONSULTANTS shall be read as though wntten In the plural or In the neuter gender, as the case may be. B ThIs Agreement and all of the terms and provISIons shall be Interpreted and construed according to the law of the State of Flonda. Should any clause, paragraph, or other part of thIS Agreement be held or declared to be VOId or Illegal, for any reason, by any Court haVIng competent jurisdictIon, all other clauses, paragraphs or parts of thIs Agreement shall, nevertheless, remaIn In full force and effect. C. ThIS Agreement between the partIes shall be deemed to Include thlS Agreement and any addendum pertaImng hereto as may be executed by the partIes. The CITY shall not be bound by an addendum or change order hereto unless It IS SIgned by an executIve officer or such other authOrIzed representatIve of the CITY The CONSULTANTS shall not be bound by any addendum or change order hereto unless It is signed by an officer of the CONSULTANTS XVIII. MISCELLANEOUS A. LItIgation. It IS understood that the fixed sum payment amount set forth in Paragraph III (A) does not include compensatIon to CONSULTANTS for asSIstIng the CITY m lItIgatIon In which the CITY may be Involved. If the CITY deSIres asSIstance from the CONSULTANT in htIgatIOn, the partIes shall agree In wnting on the compensatIon. CONSULTANT h.~REEME~ & Page 7 B Records. All records relatmg to the work performed and reImbursable expenses incurred, Including reports of accounts, shall be mamtaIned by CONSULTANTS on generally accepted accounting pnncIples and shall be available to the CITY or Its authonzed representatIves. XIX. NOTICE Any notice proVIded by this Agreement to be served In wnting upon eIther of the partIes shall be deemed suffiCIent If delIvered to an authonzed representatIve of eIther of the partIes, or If maIled by regIstered or certIfied mall, return receIpt requested, to the address of the party above wrItten or to such other addresses as the partIes hereto may deSIgnate In wntIng. Such notIce shall be effective from the date the same IS deposIted In the malls, regIstered or certIfied mall, return recelpLre uested, first class postage prepaId and addressed, whether or not receIved. RruA-~ ~ ~ C~~1,~t- t.0l ~~\ l:Jc-u- g It IS hereby agreed that thIs Agreement IS for a term commenCIng on the date first above wntten, and endmg one year hence, and may be extended for a specIfic penod of tIme and for mutually agreed upon compensation. It IS understood, however, that future extensIons may be made only If fully In wnting by the partIes hereto >- NotwIthstandIng the foregOIng, eIther party can termIna e written notice. XXI. ENTIRE UNDERSTANDING This Agreement contaIns the entIre understandmg between the parties and no modIficatIon or alteratIon of thIs Agreement shall be bIndmg unless endorsed in wntIng by the partIes hereto XXII. BINDING EFFECT ThIS Agreement shall not be bIndIng untIl executed by all partIes. IN WITNESS WHEREOF, the partIes hereto have executed thIs Agreement by theIr duly authorized representatIves on the date first above wntten. CONSUL T ANT ';REEMEl ATTEST (Seal) ATTEST (Seal) F"\M00037 _O\OOCUMEN1\ConsultAgreementDOC Page 8 McMahon Associates, Inc. (CONSULTANTS) By' Title AssocIate CITY OF BOYNTON BEACH (CITY) By' Title. CONSULTANT A"REEMEN'.l Page 9 EXHIBIT A SCOPE OF SERVICES Task 1- Inventory/Agency Coordination We will imtIate a project scoplng meeting with the CITY, at the outset of the proJect. This meeting will discuss the scope of the review and refine the aspects of all work and dehverables to be produced by the CONSULTANT for the project. 2. Obtain and review all applicable documentation, including the onginal DRI and the mne (9) subsequent amendments of the Quantum Park DRl We are assuming that in cooperatIOn With the CITY, they WIll produce all existing available information, and make this informatIOn available to the CONSULTANT 3 We will field review the study area and conduct Windshield surveys, as reqUired, of the surrounding roads and intersectIOns of the Quantum Park, noting pertinent phYSIcal features and traffic control devices. 4 Secure all appropnate eXisting and future land use data for the study area, as available from the CITY Task 2 - Review of NOPC - Amendment No. 10 Evalua~e the transportation elements of the prevIous nine (9) amendments. Cross-exam me the findings of transportatIon elements With the original DR! and Development Order (DO). 2. Separately review the transportation elements of the proposed Amendment No. 10 Cross-examine the findings from this review with the original DR! and DO, and determine consistencies/inconsistencIes With the plan. 3 Evaluate the proposed Amendment No 10 against the criteria stipulated by the Treasure Coast RegIonal Planning Council. Determine if the NOPC meets the establIshed reqUIrements or is classified as a substantial deviation. 4 Evaluate the number of vested trIpS for the onginal DR!. Determine if the NOpe Amendment No. 10 meets the vested trips, or exceeds, thereby resultmg m a substantial deVIatIon. 5 Evaluate. the land uses. Determine If the land uses proposed in the NOPC, Amendment No 10 match those consistent with the CITY and the DR!. Task 3 - Reports, Meetings and Project Administration 1 We will prepare a draft report from our review/analysis, and submit to the CITY for review and comment. The report will contain the information collected from Task 1, the basis for the review r Appropriate graphics will be included m the report. We will provide five (5) copIes of this draft b report. 2. We will meet with CITY staff to discuss the draft report and address comments. Also, each meeting will be documented and included in the report to support the consensus for the plan. We assume that three (3) meetings, following execution of the contract, will be required during this process. The first meeting wIll be project initiation, and the second meeting will be to review the draft report, and the CONSULTANT ;REEMEl" Page 1 0 third meeting wIth the CITY Planning and Zomng Board. Each meeting will be documented and included in the report. 3 A final report will be submitted to the CITY incorporating all of the comments receIved to date. ThIS report will be utilized for the CITY to coordmate with the DR! applicant. 4 The final report Will be formally presented at one City Planning and Zoning Board meeting. 5 The final report Will be modified by the CONSULTANT and resubmitted for final reVIew by the CITY based on the comments received from the City Planmng and Zonmg Board. We will resubmit fifteen (15) copies of the final report once approved by the Planmng and Zonmg Manager, and/or the Manager's designee. F.\M9833S ]\DOCUMENnM9833S07.DOC ----~~---~- CONSULTANT AuREEMEN1- Page 11 EXHIBIT B PROJECT SCHEDULE. The CONSULTANT agrees to complete the work and servIces, as stIpulated by thIS Agreement, presented In EXHIBIT A, In fourteen (14) calendar days, from receipt of the traffic analysIs and eXlstmg DR! and Development Order data, provIded by the CITY The CITY agrees to provIde saId traffic analysis and DR! data from the applIcant of the Quantum Park DR!. Upon receIpt of the traffic analysis and DR! data, the CONSULTANT will expedIte the required review The CONSULTANT wIll notIfy the CITY of any delay m the reVIew, or lack of any mformatlon necessary to complete the reVIew Should any time extensIon be necessary, the CITY and the CONSULTANT wIll agree, and asSIgn to each m wnting. The schedule for completIon may also be affected by outsIde agencIes, WhIch are beyond the control of the CONSULTANT The CONSULTANT IS anticIpatIng that a meetmg or telephone interview may be reqUIred WIth the Treasure Coast RegIOnal Planning Council. The aVaIlabIlIty of the representative of thIS agency may affect the proJect inventory of data and, thereby affect the antIcIpated schedule. 04(11/00 14 31 FAX 1 561 364 0990 HC~AHO~ AS~O( U'V.1.J..fUU u..J:. 08 1 -.AX US ;r - H46 MdiAHON .\5 1 ~~~U9!:.~~m\ \t:JS.. RUP~NSIVl! TR"t'1$l"O~T'" TI0N SOJ.l.'"flOl':S Mich..' Rumpf, Planning &Zonfng Direetor City of Boynton Beach Department of Development 100 E.Boynton Beach Blvd. PO Box 310 Boynton Beach Fl. 33425-0310 Invoice TERMS: NET 30 Project M00037.0 QUANATVM PARK Nope REVIEW r1c ;11 ~ 1; 40<'" -f- @ 5/7 f~ r6jP1~~f 0 ':Y ~J v~h~ \ry 0 .\ {~ '1 March 20, 2000 Prcjecl No. MOC037 0 InvQice No. 0091930 Fer' Review traffic analysis methodo/cgy for proposed amendment to add 5.:)0 resident units to ORI Billina Deriod: JanUlrv 29. 2000 throuah Februarv 25. 2000 Services Associate Sr Trans eng tv T~n.Engineer 111 TransEngineer " TechnidanIVVP III T otal$ Total Labor Hours 400 11.50 7.50 30.00 4.00 57.00 Rate 130.00. 110.00 65.00 &l.OO !SC.OO Amount 520.00 1,2&5.00 487 50 1,80000 200.00 4,272.50 4,272.50 Total this Invoice $4,272.50 (Gt) H~ (;.""",~r~:,, Drl,,\,. Sl,ic.. 100. F("Irl W..,l1i'\lItc,,' P....".ylya,lip 1903~ ':lS.~~U.'J4.H f:", 110; ~,,; q+H :>;...../111: I"." MIc/ Allaftl/~ So..(h~,ul ,,,,01 f\:,.... F."~ltlTI.r R~I[ICJ".' ~ ,~.mcl,il: nlcmC,u Jllcln..nn,)I ;1 ." )O~oo! DEPARTMENT OF DEVELOPMENT Building - Planning & Zoning - Neighborhood Services - Occupational Licenses - Community Redevelopment March 17, 2000 Mr Douglas MacDonald MFT Development Inc. Quantum LImited Partners 1401 Forum Way, Suite 101 West Palm Beach, Florida 33401 Re Quantum Park - Independent Traffic Study DRIA 00-001 /MPMD 00-001 Dear Mr MacDonald. Attached please fmd a copy of the consultant contract from McMahon and Assoclates,Inc for the mdependent reVIew of the Quantum Park NOPC/Master Plan traffic study The independent traffic review was a requirement of Amendment No 8 to the development order for the Quantum Park of Commerce Development of ReglOnal Impact. The applicant is responsible for the cost of the study All work promised in the consultant contract has been completed. Please remIt a payment of $7,430 00 to cover the cost of this contract for semces Thank you for your coopera1:1on. Smcerely, ~G2- Michael Rumpf DIrector of Plannmg and Zoning Attachment Cc JIm Cheroff, CIty Attomey City of Boynton Beach - 100 East Boynton Beach Blvd., P.O. Box 310 - Boynton Beach, Florida 33425~310 Phone: (561) 742~350 - www.ci.boynton-beach.f1.us DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 00-074 TO. Nicholas Igwe ASSIstant CIty Attorney Michael Rumpf Jt> ~ Director of Plamg~g and ZonlOg FROM. DATE. March 16, 2000 SUBJECT Quantum Park Traffic Study As dIscussed, I am forwardmg for your reVIew and processmg the contract for traffic consultmg WIth McMahon ASsocIates, Inc, as reqUIred for the reVIew of traffic analysIs submitted for the Quantum Park NOPC applIcatIOn. You wIll recaII that an outsIde traffic analYSIS would be reqUIred, as estabhshed by a former development order for the DR!, and would be at the cost of the applIcant of the Quantum Park DR! NOPC All work promIsed by thIs contract has been completed to date. Please conduct your reVIew of the attached contract and process for CommISSIOn reVIew and approval. Please contact me If you have any questions concermng thIS matter J:\SHRDA T AIPlanning\SHAREDlWP\PROJECTS\QUANTUM 2000IDRl\Quantum Park DRI-NOPC.doc LANNERS ENGINEERS March 7, 2000 Mr Michael Rumpf City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Subject: Quantum Park DR! - NOpe Master Site Development Plan -Amendment No 10 (Our Ref. No 99004 11) Dear Mike. We have revIsed the Master SIte Development Plan subnntted wIth the NotIce of Proposed Change referenced above pursuant to the reVIew comments of the Department of Community AffaIrs, the Treasure Coast RegIOnal Planning Council, and the City of Boynton Beach. The revIsed Master SIte Development Plan is identified as MockeRoos Drawmg No 45-43-17-29, dated January 2000 revIsed March 7, 2000, tItled "Master Site Development Plan - Amendment NolO - Quantum Park" Enclosed are SIX (6) copIes each of the revIsed Master SIte Development Plan m three SIzes. 24" X 36", 11" X 17" and 8-112" X 11" AdditIonal copIes will be provided upon request. Please prOVIde the City Clerk CertIfied Approved Ordinance with Exhibits and Attachments at your earlIest convemence for our recordIng m the PublIc Records of Palm Beach County Should you have any questIons, please contact me at extenSIOn 215 OCIATES, INe. EAG'Jeh Enclosure CopIes. Douglas MacDonald, Quantum Group of CompanIes (w/encl.) DaVId B Noms, Esq., Cohen, Noms, Scherer, Wemberger & HarrIS (w/encl.) Letters:qlpl.qlplgncs:99004 1l.l017egjh.doc Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, Florida 334072066, (561) 683-3113, fax 478-7248 PlrtDER TROUTMfiti (OrtSULTlrtG. Irtc. Transportation Planners Jnd Engineers 2124 South rongress Avenue, Suite 1 H West Palm Beal h, FL 33-l06 (561) 434-1644 Fax 434-1663 Email pindertroutman@msn com March 3, 2000 Mr Gus Schmidt FOOT, Dlstnct 4 3400 W Commercial Boulevard Ft. lauderdale, Fl 33309 Re Quantum Park NOPC - #PTCOo-06 Dear Mr Schmidt: The following information responds to a comment In your letter of February 28, 2000 regarding the trip generation data for the above referenced project. The trip generation rate for the Auto Dealership use is a special rate applied to CarMax. ThiS rate was first used in a report, dated April 9, 1996, that presented an analysis of High Ridge Road and Gateway Boulevard For your Information, I have attached a page from that report which discusses the daily trip generation rate of 23 0 tnps/1,OOO SF GFA. As you stated, use of the ITE, 6th Edition daily rate does not change the results of our study If you have any questions please do not heSitate to contact this office. cc: Bill Cross Annette Lapkowski Jim Snyder Mark II ppert Eugene Gerlica Doug Mac Donald Lusia Galav ! , I oJ jj,ft~. ~-J L(~ttt'r Schmidl OO-()(, 'l-'l-()() 03 03 00 12 45 FAX 1 561 364 0990 MCMAHO~ ASSOC ~ 0011002 ~~S.~.9..lj.l~~~.c;~..l~c;. RESPONSIVE. TRANSPORTATION SOLUTIONS FacsimIle Cover Date: ._~ _ '\lumber or I='agcs including cover sneer _~._2=--_ Hard COpy to foligw' ~ 01\0 nlfl?';~,;.'-":;:{' :~',"'~h~,~....: . ..,.. ;"i!or,l...Iij..-'~'~~',":".~:"_Ot.."i.:,:~:..'.~I;~~i:.-iIH:.l" jg..... "-",:,."' Jr.:.: .!_;.i~lb.;..~ :~~.~':';~J.;..l;;i .10;';. ';~~.i<I~'j_.'!~~c.\if' it::..: .I...i:\,-jt.:' 1/.;' ,l;il:li n'.l~~..;:~.,~{. ',.~"'t~IH :..;' >, TO. !-JSrk!- GAr-et/_: Fro~: n&rB2 7fi:~~ Fax Operator: P'lone: 7r~ ~20Z 7'12 bZSY Phone: (56 11 364-1666 .':: Fax: 156J l 3G-1,.Q9.90 Fax: ~S~l:,-w.~~-:-~g.:r.a..~liI:~:r..~::..~"'i.j:1t.oJ!"~U..:.)t~,~?li~~~~ir.~~-:':'>>':::"lr:1'Lif.Q-_'~L~;~~;';",~;,~:": it<.1~f'" "~~"'~.V!:'~~j:ii.l:~~W:~ .. 'It;J~.r:."; ..~ IRe;: 2v'4?JVVVU P ~ I;: I ~ J_~~~1~_,"Jj",iil:....~~~.,-;~zt1.~~liHI~.:...~ti.I':;~~~~~~....a~~~ Project It. A{~~oSr . .' ~ ; ;.~; j;; Remarks; CJ UrgcMt o As you ~ueated , ;, ~ti By: "! :'\ ,~ If you I1aII8 any qtJe8lIcns 0' problems w.th ma:....lalS reoejvl!<l please contact our fax operator as soon as posslbiC. .~ ~i Ii; i;: f~i ~~ .N :~~ r~ I~ 4~ ~f ~~ f~ ~ 2240 Woolbright Road. Suite 204 BoyntQl'I Bead:, Florida 33426 phone (561) 36'H666 l!-mail: r:\C~mtrans@gate.net fax (561) 364.0990 03 03 00 12 46 FAX 1 561 36~ 0990 MCMAHON ASSOC III 002/002 RK1~c,~~.?!'!..!i~2;:~T!;~~:;. RESl'OSSIVE TRANSl'ORTATION SOLUTIONS PRINCIPALS: lo'.IIh W. McMaI..". P.Il. Red..-) P P!m.rdc. Ph.D Pt:. ASSOCIATES; Jowph 1 PcSa.,;.. P.I<. Jo.~. S. OcPoTo.o c".:~ A. MoOT" RE. March 2, 2000 Lusia Galav, Senior Planner Planning and Zoning Division City of Boynton Beach 100 East Boynton Beach Boulevard POBox. 3 10 Boynton Beach, FL 33425-0310 RE. Quantum Park DRJ NOpe - Amendment # 1 0 McM Project No. M00037 0 Dear Ms. Gala". Based on our review of new mfonnation that was provIded by the Department of Commumty Affaus (DCA), the Department of Transportation and Pmder Troutman Consulting, Inc., it is apparent that the proposed Amendment #10 to the Quantum Park Development Order does not constitute a substantial deviation from the original Development Order In particular, the review by DCA determined that the changes presented in NOpe Amendment #10 are not expected to exceed the criteria established in Chapter 380.06 (19), Flonda Statutes. Also. revised tables presented by Pinder Troutman Consulting, Inc. resolved several questions that were raised by McMahon Associates during our review In light of this new mformatlon, McMahon, Associates ~ncurs that the proposed development does not constitute a substantial deviation. However, while we also agree that the proposed change should not result in a significant increase in traffic from the development mix approved through Amendment #9) we still feel that it is prudent for the City to require an analysis of traffic conditions in the immediate area of the site, and the impacts of this proposed NOPC. During our review of Amendment # 1 0, It became apparent that traffic impacts associated with changes to the original Development Order have not been subjected to scrutiny As an example, none of the amendments. since Amendment #3. have provided a Substantia! DeViatIOn DeterminatIon Chart. It is our opinion that NOpe Amendment #10 provides an opportunity to re-visit the premises that were adopted by the original Developm.ent Order (which is almost 16 years old), and to determine the current and anticipated future operation of key roadways and intersections adjacent to the DR!. We are available to consult you on this issue, and provide further clarification, should you rand it necessary If you have any questions concerning the above matter, please do not hesitate to call me. WWB:J.JM/hsv f:\M00037 _O\OOC1JMENJ'$\ItrL0030JOO.DOC 2240 WooIl>ricnt Road. Suite 204 Boynton Buch. Florid;;} H416 S61.364.1666 fax 561.364.0990 e'IZ\;Iil: mcmIUl\S@ll:ate.t1ct SnvinJ th~ Mid-AlaMic. So"rh~ur Gild New a"glGnd RClrioJl$ . ----- ~----- _'~ANSMISSION VERIFICATI _ REPORT TIME 133/131/2131313 139 57 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 56137562613 DATE, TH~E FAX NO./NAME DURATION PAGE(S) RESULT MODE 03/01 139 55 9364139913 1313 131 29 133 OK STANDARD I --~ANSMISSION VERIFICAT I- I REPORT TIME 03/01/2000 15 25 NAME BOVNTm~ BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIfvlE FAY NO. It~AME DURA TI ON PAGE(S) RESULT MODE 03/01 15 17 93640990 00 07 40 1~ OK STANDARD Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BOULEVARD PO BOX310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to: fax # date: from re: pages. jJafJeJz &uls~. )I10Ja.AC7h 'I- ~c f)0/- 310 '1- 0 Cj() I Q:;L- ~6 ~~.v4 UV / JeLLf5YL> /!Iai'V'J<Qf0 {}UI/1JTl/V/ - ~I!t ~ /{a hcd t/rid= ~ ~IL<J__~ ~. r.. including cover sheet. ~ Me M'!f ~ k~ ~aJj rf~ ./ Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 742-6260 Fax: 742-6259 1- -9At.jSMISSION VERIFICATIO~ 'EPORT TIME 02/29/2000 10 21 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAA NO./NAME DURATION PAGE(S) RESULT MODE 02/29 10 17 93640990 130 04 01 07 OK STANDARD PlttDER TRCI,JTMflr; COttSULTlttCi. ~ttC. Transportation Planners and Engineers 1314 South Congress Avenue, Suite 1 H West Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 ._~_._- Email pindertroutman@msn.com February 28, 2000 Ms. Lusia Galav City of Boynton Beach Planning Department 100 E. Boynton Beach Blvd POBox 310 Boynton Beach, FL 33452 11& ~a2Uu\.- .........-.--::- IGANO } OEPl ~ .....1. Re' Quantum Park NOPC #10 - #PTCOO-06 Dear Ms. Galav' Attached are revised peak hour trip generation tables dated ~ebruary 28, 2000 Revisions to the tables, originally submitted to your office on February 2, 2000, have been made based on comments contained in a letter from McMahon Associates, Inc. dated February 16, 2000 In particular, this letter addresses items 2, 3 and 4 on page 4 of the McMahon letter As in our previous correspondence, two (2) trip generation scenarios have been provided as you requested ReVised Exhibits 1 and 2 provide the AM and PM peak hour trip generation comparison of the ADA approved land uses and the proposed land uses for NOPC # 10 Revised Exhibits 3 and 4 present the AM and PM peak hour trip generation comparison of the most recent NOPC land use (NOPC #9) and NOPC # 10 land uses. For your information I have also provided an Exhibit 5 which documents the daily Tri-Rail trip generation The results of correcting all the "discrepancies" identified in the McMahon letter is that the reduction In trip generation of the proposed land uses compared to the ADA land uses is greater than previously reported, during both the AM peak hour and the PM peak hour Exhibit 1 shows a reduction of 2,131 AM peak hour trips and Exhibit 2 shows a reduction of 834 PM peak hour trips. These reductions in peak hour traffic were previously reported as 1,979 and 697 for the AM peak hour and the PM peak hour respectively Do not hesitate to contact this office if you have any questions. Cc: Eugene Gerlica Doug MacDonald ~88.:: 8~~~ ~"NN~ I>- "'.. ,., 01>- 8 o ~ o Z 011 < o .0( a. 8 i c:: o III .;: rQ c.. E o U c:: o 60 .~ c,.... ~ c;o'll:ffi ~UO N 0.. Q. O~ aiz.-- III .. .;;: ~ :::I Q; ~ 0 Qo::Q..::c :::E~ ... :::I III :Cc:~ ~~~ ~O'< ]> e < < o < .9- 0'1 ,.... 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In N\.O C'I ?J OOOONO,-..,.Nr-lI"Itr.C ::l ~~;:::~MO'\~~~g~~~ -g~ '" ...J J ~ ~ g 'E ~ ~~;-><j ::l l:;;:9!gJv><::::: "0 eJ::IOSii!:E ; ill ~.,9,!al~~c:Ol-; ..... _ ~ -...~ ~ ~ c c: .~_ .~ .~ -~ :-:: 0 ~ ~ ~ ~ ~ ~] ~ ~ ~ ~ .~ e B ~ .9 '> r9 ~ ~ V) :g ~ -g~'O~~&~~~~88~8 ~ &r. .. <t ~ ,.= -; c $ )( UJ ~ <:I Z ~ Z ~ .<: ,z g i II lj ~ - ~ - !:: ~ c ..: ~ .g "@ .~ :?- ~ ~ o 0 ~ - ~ ~ .~ <;i > j o ~ 6 >- c: o o ~ ~ ~ .~ ~ -: 5 ~ 1( o '" '" "" s fl 5 ~ANSMISSION VERIFICAT j REPORT L TIME 02/28/2000 11 59 NAME BOYNTON BEACH P & Z FAX 5513755259 TEL 5513755250 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/28 11 55 94787248 00 02 22 05 OK STANDARD ECM Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD PO BOX310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION pages: Wcdlee eUj-[;~ ' )JlcMatwv. '/- ~OC ~G,/~ 301- 01_ D'J - I- ~ -OC> C>flAMA .)jdcu/I cfe ~ JfIa Lf<.Q/ t1 U A-A)TlJ0 ( PDor ~L ddkci 0:2-0/--()O J k. r?\vfcl2r Y2ls~ clQAtJet O)-2~ ~()O !_ s DCA- ~.fIeJt- Cld:/eO< 0;2-2S--0<J !::fl., includmg cover sheet. to: fax #. date: from re: Planning and Zoning DIVision City of Boynton Beach Boynton Beach, Florida 33425 742-6260 Fax: 742-6259 'ANSMISSION VERIFICAT I REPORT TIME 02/28/2000 12 13 NAME BOVNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE,TIME FAX NO. INAME DURATION PAGE(S) RESULT MODE 02/28 12 10 93640990 00 03 13 06 OK STANDARD THE SCHwL DISTRICT OF PALM BEACH COUNTY, FLORIDA PLANNING & REAL ESTATE 3320 FOREST HILL BOULEVARD, C-331 WEST PALM BEACH, FL 33406-5813 (561) 434-8020 FAX (561) 434-8187 Dr H. Benjamin Marlin, Superintendent February 28 2000 \", m F ~ I --~ : Mr Michael W Rumpf Director of Planning and Zoning City of Boynton Beach 100 East Boynton Beach Blvd POBox 310 Boynton Beach, FL 33425-0310 RE. Quantum Park - DRIA 00-001/ MPMD 00-001 MAR - 2 200l ND ~COT _ _~ l ~ J Dear Mr Rumpf" The School District of Palm Beach County Planning and Real Estate Department reviewed the proposed amendment to Quantum DRI This request to allow for a mixed-use development called 'Quantum Park and Village plans to include 500 multi family residential units The schools presently serving this area are. Schools Capacity Rolling Green Elementary School 602 Congress Middle School 1318 Santaluces High School 2518 Enrollment 848 1247 3331 The School Board adopted Five Year Plan shows that New Elementary School M scheduled to open in August 2001 will provide enrollment relief to Rolling Green Elementary School New Middle School BB scheduled to open in August 2001 will provide enrollment relief to Congress Middle School and new High School III scheduled to open in August 2001 will provide enrollment relief to Santaluces High School Based on School District's adopted multiplier for an average multi family house 500 units may generated 25 elementary school children 80 middle school children and 80 high school children If this is to be a gated community the School District is requesting that a condition of approval includes a bus stop pull off completely out of the right-of-way or bus stop turn around in front of any access control points These bus stops shall be sufficient enough in size to accommodate a school bus The size and location of all such school bus stops shall be coordinated with the City of Boynton Beach Planning and Engineering Departments as well as the School District Planning Department. The property Owner shall post a notice of annual boundary school assignments for students from this development. The District will provide an 11 X 17" sign to be posted in a clear and visible location in all sales offices and models with the following. "NOTICE TO HOME BUYERSITENANTS" School age children may not be assigned to the public school closest to their residences. School Board policies regarding overcrowding racial balance or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for the most current school assignment(s) If there are any questions, please call me at 434-8800 ecialist (Educational) c: Linda H Hines An Equal Education Opportunity Provider and Affinnative Action Employer VEPT JF COMM AFFAIRS ~ax 8504883309 Feb 25 2000 16 46 P 01 . [. ':.:. f; ~~. ~. .(;i~_~ri\.'f . .....~~ .~ ' ...)v "'.: .~ /:J~ ~~ "': _ "'\,',~~I ';.:"~')~:~~;A,. P \: y'1J. ,. / '.-:'" '.-~/.. .;"~,'7:~' . r_ __,. .tf-.- Florida ~epartment of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Flonda 32399-2100 Steven 11 SeIbert, Secretary Division of Community Planning Division Director's Office (850) 488-2356, Suncom. 278-2356 Bureau of State Plannmg (850) 488-4925, Suncom. 278-4925 Bureau of Local Planning (850) 487-4545, Suncom. 277-4545 Fax. (850) 488-3309, Suncom. 278-3309 FACSIMILE 2..!?J;! 00 I f LitS;I-.. Gt A..(AV '5b r( 7'f.:7.--bz5i ~M-J.. fOST ~ I q 7-2.. -it(3 1 + 1-_=---3- Total Pages Date: To. FacSimile Telephone Number. From. Office Telephone Number. Cover Sheet; Comments or Special Instructions: PrinlCcl J/I DEPT OF ro"'t! AFFAIR~ ~ Fax 8504883309 Feb 25 2000 16 46 P02 . STATl: OF flORIDA DEPARTMENT OF COMMUNITY AFFAIRS -Dedicaced to makinc Florida a better place to call homew III ,USH Co".rnu( sn'<fN M. smUT S.".l.ry February 25,2000 Mr Michael Rumpf, Manager Planning and Zoning Department 100 E. Boynton Beach Boulevard Boynton Beach, FlorIda 33425-0310 RE: The Quantum Park NOpe (DCA Projeet No. ADA-l084-048) Dear Mr Rumpf: The Department has completed Its review of the Notice of Proposed Change (NOpe) for the Quantum Park Development of Regional Impact (DRl), located in the City of Boynton Beach, Palm Beach County, Florida. The NOPC was rendered to the Department on January 14,2000 The applicant is requestIng that the Development Order (D 0 ) for Quantum Park be am~nded to allow the following changes to the project: 1) Lot Switch~s-switch Lots 3, 6, and 50B from OfficelIndustrlal (all) to Industrial (I); switch Lots 39 and 40 from Oil to Governmental and Industrial (0&1); switch Lots 59,60, 61.62, 63,64, 65A, 65B, 66,67 A, 67B. 67C, 83, 84, 85, 86,' 87,and 88 from. 011 to Mixed Use (MU); switch Lots 76,81, and 82 back to Office/IndustriaIlCommercial (OIC) from 011, andswltch Lot 91 from OIC to Attraction and Recreation (AR) for approved skating rink; 2) Addition of New Use-adding 500 residential units on 62.38 acres; 3) Simultaneous Increase/Decrease of Land Uses. Regarding item l) Lot S'\\itches, these changes are presumed to be a substantial deviation under the provisions of Section 380.06(19Xe)3., F.S. Regarding item 2) the addition of 62.38 acres of new mUl;ed use (residential), not alread) in the development order, comprises only 11 percent of the acreage and is presumed not to create a substantial deviation under Section 380.06(19)(e)5.a, F.S The simultaneous increase/decrease ofland uses (item 3) are presumed to be a substantial deviation under SectIon 380.06(l9)(e)5.c, F.S 255.5 ~HUMARO OAK 80ULEVAltD . TAt.l.AHASSEE. flORIO... 3:l399 2100 Phone (850] 488.8466/Sunc:o/T1 278-8466 FAX (850) 9Z1 0781/Suncom 2910781 Internet .dd .u hl{p Ilwww state II us/comaffl 'lOIlIO.. ICIVS "rIa 01 Criliell Stile CO'c"" Field 0If1ct 2196 ClYtIWti ~lahwlY, 5u;~ ZU Mor_. FIoI~ 3~OS~2Z27 DEPT OF CO~ AFFAIFS Fax R50488330Q Fee 25 2000 16 47 P03 Mr Michael Rumpf, Manager Februal}' 25,2000 Page Two The Department has reviewed the proposed changes on the basis of the criteria estabhshed in Section 380 06(19), Florida Statutes. The modifications concerning the Lot SWltches and the Simultaneous Increase/Decrease or Uses are presumed to be substantial deVIations under the following Section 380 06(19), F.S., subparagraphs, (e)3, and (e)5 c. The addition of a residential use that does not involve more than 15% change In the acreage to a land use not previously approved is presumed not to be a substantial deviation under subparagraph (e)5.a. These presumptions may be rebutted by clear and convmcing evidence. In response to this, the applicant submitt~d informatIOn and traffic data that adequately rebut the presumptions. Additionally, these changes do not create a reasonable likelihood of any additional regional impacts. Therefore, the Department does not raise any objections regardm~ the modifications contained In this NOPC. If you questions concernmg thl5 matter, please contact Roger Wilburn, CommWlity Program Administrator, or Mark LIppert, Planner II, in the Bureau of Local Planning at (850) 487-4545 Sincerely, ~ ~ Growth Management Administrator CO/mg! cc Douglas MacDonald, Pre5ident, MFT Development, Inc. Jim Snyder, DRI Coordinator, Treasure Coast RegIOnal Planning Council Eugene Gerlica, Principal Engineer, Moos Roes Associates DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" IEB BUSH Governor STEVEN M. SEIBERT Secretary February 25, 2000 Mr Michael Rumpf, Manager Plannmg and Zomng Department 100 E. Boynton Beach Boulevard Boynton Beach, Flonda 33425-0310 00 muwrn @ .. 2 "'{"\"'l {~ , PlANNING AND ZONING DEPI RE The Quantum Park NOpe (DCA Project No. ADA-I084-048) Dear Mr Rumpf. The Department has completed Its reVIew of the NotIce of Proposed Change (NOPC) for the Quantum Park Development of RegIOnal Impact (DRI), located m the CIty of Boynton Beach, Palm Beach County, Florida. The NOPC was rendered to the Department on January 14,2000 The applIcant IS requestmg that the Development Order (D 0 ) for Quantum Park be amended to allow the followmg changes to the proJect: 1) Lot SWItches-swItch Lots 3, 6, and 50B from Officellndustnal (Oil) to Industnal (I), sWItch Lots 39 and 40 from O/I to Governmental and IndustrIal (G&I), SWitch Lots 59, 60, 61, 62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C, 83, 84, 85, 86, 87, and 88 from Oil to Mixed Use (MU), SWItch Lots 76,81, and 82 back to Officellndustnal/Commerclal (OIC) from Oil, and SWItch Lot 91 from OIC to AttractIOn and RecreatIon (AR) for approved skatIng nnk; 2) AddItIOn of New Use-addmg 500 reSIdentIal unItS on 62.38 acres, 3) SImultaneous Increase/Decrease of Land Uses. Regardmg Item 1) Lot SWItches, these changes are presumed to be a substantIal deVIatIOn under the proVISIons of SectIOn 380 06(19)(e)3 , F S Regarding Item 2) the addItion of62.38 acres of new mIxed use (reSIdentIal), not already In the development order, comprises only 11 percent of the acreage and IS presumed not to create a substantIal deVIation under SectIOn 380 06(19)(e)5.a, F S The SImultaneous mcrease/decrease ofland uses (item 3) are presumed to be a substantial deVIatIOn under SectIOn 380 06(19)(e)5 c, F S 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399 2100 Phone (850) 488 8466/Suncom 278 8466 FAX (850) 921 0781/Suncom 2910781 Internet address http //www state fl us/comaff/ FLORIDA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway. Suite 212 Marathon. Florida 33050-2227 Mr Michael Rumpf, Manager February 25, 2000 Page Two The Department has revIewed the proposed changes on the basIs of the cntena establIshed m SectIOn 380 06(19), Flonda Statutes. The modIficatIOns concernmg the Lot SWItches and the SImultaneous Increase/Decrease of Uses are presumed to be substantial devIatIOns under the followmg SectIOn 38006(19), F S., subparagraphs, (e)3, and (e)5.c. The addItion of a reSIdential use that does not mvolve more than 15% change m the acreage to a land use not prevIOusly approved IS presumed not to be a substantial deVIatIOn under subparagraph (e)5.a. These presumptIOns may be rebutted by clear and convmcmg eVIdence. In response to thIS, the applIcant submItted mformatIon and traffic data that adequately rebut the presumptIOns. AddItIonally these changes do not create a reasonable likelihood of any addItional regIonal Impacts. Therefore, the Department does not raIse any ObjectIOns regardIng the modIficatIOns contamed m thIS NOPC If you questIOns concernIng thIS matter, please contact Roger Wilburn, CommunIty Program Admlmstrator, or Mark LIppert, Planner II, m the Bureau of Local Plannmg at (850) 487-4545 Smcerely, ~ g~~ Growth Management Admlmstrator CG/mgl cc Douglas MacDonald, PreSIdent, MFT Development, Inc. Jim Snyder, DR! Coordmator, Treasure Coast RegIOnal Planmng CouncIl Eugene GerlIca, Pnnclpal Engmeer, Moos Roos ASSOCIates FEB-2~-2000 16 01 TCRP: 5612214067 p 01 .. TREASURE COAST REGIONAL PLANNING COUNCIL 301 EAST OCEAN BOULEVARD SUITE 300 STUART, FLORIDA 34994 PHONE: 561-221-4060 FAX: 561-221-4067 FAX TRANS1\fiSSION Date. -:t. - ::l. S - CO 0 Fax Number: S'\o \ ,,'-\ "".). - c, ~SC1 Number of Pages (including cover sheet): 4 Operator: 1'e. V1. n 'i To: L ~ S \ ~ Cko..\~v From. l-, ., Project: ~\J..A~--\\,\.~ t'~\,- Commeuts: FEB-25-2000 16 01 TCRPC II treOlurc- ~ coQ(t I reglona plannlog council 5612214067 P 02 February 24, 2000 '" ~; ~\.: )'.: Mr M1chael W Rumpf Planmng and Zoning D1rector City of Boynton Beach 100 E. Boynton Beach Boulcvard Boynton Beach, Rorida 33435 ~~. :l~;, tl, ~,;~ t'.'< Subject. Quantum Park Development of RegIonal Impact Substantial Deviation Detemnnation Dear Mr Rumpf: In accordance With the requ1rements of Sectlon 380 06( 19), Florida Statutes (F S ), we have reviewed the "NotIficatIon of a Proposed Change to a Previously Approved Development of ,.. Regional Impact (DRI)" (NOPC) for the Quantum Park DRl dated January 11 2000 and additional information submitted on January 20, 2000. ~: t~: .. The NOPC proposes the followmg revisions to the master plan. '" 1) Lots 3 and 6 land use deSignatIon 1S to be, changed from otticelindustrial to Industr1al. 2) Lots 39 and 40 land use designation i~ to be changed from office/industrial to governmental/institutional. ~ 3) 4) t~. . 5) 6) ~, Lot SOB land use desIgnatlon is to be changed from office/industnal to mdustrial. Lots 59, 60, 6 L, 62 land W)e desIgnatIOn is to be changed from office/industnal to mIxed use. Lots 63 64, 65A, 6~B, 66. 67 A, 67B, and 67C land use desIgnatIOn 1S to be changed from office/industrial/commercial to mixed use Lots 76, 81, and 82 land use deSIgnatIOn IS to be changed fonn office/industrial to office/industrial/commercIal 301 eOI! ocean bo"levord IlIit~ JOO lewart. f1oridc. 14994 pholle (16') If 1-4060 I< &69.4060 'CWI (561) 111-4067 FEB-25-2000 16 02 TCRP: 5612214067 0 03 ~ Mr MIchael W Rumpf February 24, 2000 Page 2. 7) Lot 91 land use deSignatIon IS to be changed from office/industrial/commercial to attraction and recreatIon to reflect the approved development of a dual ice rink-skating facihty The applicant proposes to decrease office and industrial square footage to allow additional commercial square footage and 500 dwelling umts. The proposed changes are presumed to create a substantial deviation pursuant to Section 38006(19)(e)3., 380.06(19)(e)S.a and c. Flonda Statutes. Additional mformation as requested by the Flonda Department of Transportation (see attached letter) is required to determine whether the proposed changes will or will not create allY additIonal regional impacts A revised notice of proposed change was received on February 21, 2000 The apphcant submltted addItIonal traffic mformatIon to address FOOT concerns and reVIsed the land uses on lots 83. 84, 85. 86 87 and 88 from OfficelIndustrial or Attraction and Recreation to mixed use to be consistent with the revised master plan. Council has reviewed the addItional mformatIOn and determined that the proposed changes Will not create any addItional regIonal impacts. Council recognizes and appreciates the applIcant' s efforts to create a good mix and arrangement of land uses and to prOVIde for a more sustainable form of development for a portion of the project. Given the direction prOVIded m the Strategic RegIonal Pol1cy Plan, perhaps the new plan of development for the proposed Quantum Park and ViHage portion of the prOject could be perfected further b} clearly defining the commercia) and reSIdentIal distncts and improving these districts by' 1) COMMERC~ DISTRICT . Create a Network of Streets . Minimize the use of roundabouts Keep them only where they are necessary (Gateway & Mam or Gatewa) & High Ridge) . Move the Mixed-Lse Complex (Theatres, restaurant. book store) closer to the street. Keep parkmg In rear · Place buildings in such a way that in the future, they Will be hning [he streets and parking can be acconunodated In the core of the blocks. m parkmg ~troctures whenever necessary . RedeSIgn the boulevard's section for Main Street. One 11' lane 10 each dIrection and one Ston-street parking lane on either side · Create well-defined publIc spaces/plaza that WIll gIve Quantum Park CIvic pnde. . Review High Ridge and Gateway Contmuous parking flanks them. . Allow for residential uses above shops. FEB-25-2000 16 03 TCRPC 5612214067 P 04 ... ~ Mr Michael W Rumpf February 24, 2000 Page 3 2) RESIDENTIAL DISTRICT . Create a Network of Streets · Create Blocks that are defined by bUlldmgs · Rearrange parking Council staff will be meeting with the applicant to discuss possible revisJOns to the site plan that would further the goals and policies of Council's SRPP Please call if you have any questions. SlnCe~qr ~ 0.,= T Snyder (] - ~i;~oordinator cc Roger Wilburn, FDCA Eugene Gerhca, Applicant TOTAL P 04 PltlDER JROUTMfih <:OtlStlLTltlG. ~"C. 2324 South Congress Avenue, Suite 1 H 'vVest Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 _ rnmai' pindertroutman@msn.com I, \' Transportation Planners and Engineers February 25, 2000 ~-:\ ~ if-- n1r"'.= _-2 Mr Gus Schmidt FDOT, Dlstnct 4 3400 W Commercial Boulevard Ft. Lauderdale, FL 33309 Re' Quantum Park NOPe - #PTCOO-06 Dear Mr Schmidt: The following information is provided to supplement the trip generation data forwarded to your office on February 17,2000 Proposed changes to the approved Quantum Park land uses affect the land areas located north and south of Gateway Boulevard west of High Ridge Road. From a traffic perspective, the greatest change occurs south of Gateway Boulevard with the introduction of 500 multi-family residential units. Residential uses provide a better land use balance and also create a greater opportunity for the internalization of trips. Regardless, there is a projected increase in the number of outbound AM peak hour trips and inbound PM peak hour trips. This increase is more than offset by the substantial decrease in the number of AM peak hour inbound trips (2,231) and PM peak hour outbound trips (1,092) "rhe increase in the number of AM peak hour outbound trips and PM peak hour inbound trips is not anticipated to have a substantial impact on the adjacent roadway network. The land area north of Gateway Boulevard has four (4) full median openings from Gateway Boulevard and High Ridge Road, the arterials serving the project. The land area south of Gateway Boulevard has five (5) full median openings from Gateway Boulevard and High Ridge Road It is important to note that the peak direction of traffic in the AM peak hour is westbound and is eastbound during the PM peak hour It is projected that a majority of the AM outbound residential traffic will be eastbound toward 1-95 and the reverse will occur during the PM peak hour Therefore, the peak direction of flow on the adjacent arterial will not be affected. Also, the increase in project directional traffic will not have a substantial impact on 1- 95, the only FIHS road serving the site. If you have any questions please do not hesitate to contact this office. Very truly YOl)jX ~ ...-, 7,-/7 /'/, -! ~."""~/ ". ~,. (,k:/~" /~ ." ./<;/7/~f~" , Kahart M. ~er, AICP / Pri nci pal cc: Bill Cross Annette Lapkowski Jim Snyder Mark Lippert Eugene Gerlica Doug Mac Donald 0-11sia Galav 1 ..ll1or ""hlnil~1 nl)J)1 ') 17_cln DEPARTMENT OF DEVELOPMENT DIVISIon of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment February 24,2000 Angela D Usher Plannmg SpecIalIst The School DIstnct of Palm Beach County, Flonda PlannIng & Real Estate 3320 Forest Hill Boulvard, C-331 West Palm Beach, FL 33406-5813 RE Quantum Park - DRIA 00-001/MPMD 00-001 Notice of Proposed Change - Master Plan Amendment #10 - Quantum Park and VIllage Dear Ms. Usher, In accordance WIth ComprehenSIve Plan PolIcy 8.22.1, the CIty IS to notIfy the Palm Beach County School DIstnct of all Incommg applIcatIOns for housmg developments that exceed 20 dwellmg umts The CIty IS currently processmg an applIcatIOn for an amendment to the Quantum Park DRI Development Order, WhICh meets thIS cntenon. Quantum Park of Commerce IS located on the west SIde ofI-95, between Miner Road extended and the Boynton Canal (C-16) Thts amendment proposes to change the approved uses on several lots In the Master Plan, and partIcularly to allow for a mIxed use development called "Quantum Park and VIllage" Under the proposed change, the Mix Use category Includes an addItIon of 500 multI- famIly reSIdentIal dwellIng unItS, With an estImate of 91 0 reSIdents. The current Master Plan contaInS no resIdential land use deSIgnatIOns. We respectfully request a statement WhICh Will evaluate the Impact of the proposed amendment on the publIc school system and venfy that the educatIOnal needs of potentIal school- aged chIldren lIVIng In the project can be met through eXIstIng or planned faCIlItIes. Please contact me at 561-742-6263 If you have any questIOns. Smcerely, ~CJ<c~ Michael W Rumpf DIrector of PlannIng and ZOnIng America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 FAX: (561) 742-6259 Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD PO BOX 310 BOYNTON BEACH, FLORI DA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to: fax #. date: from. re: Angela Usher 561-434-8187 2/24/00 Michael W Rumpf Quantum Park DRIA -NOpe pages: includmg cover sheet. Planning and Zoning Division City of Boynton Beach Boynton Beach. Florida 33425 742-6260 Fax: 742-6259 Boynton Beach City Manager's Office Memorandum From Mike Rumpf, Director of Planning & Zoning Wilfred J Hawkins rf4} Interim City Manager To Date February 24, 2000 Re NOPC - Quantum Park DRI Please advise no later than February 29th, if any plans that are pending for review are relative to the lots indicated in the attached letter Thank you Contact me if you have any questions ,. (..,u5/o- /7 ('lc<::::M J&r~ p~ p "^ dq<,F~ ~ J..; ~{~> F'I/L JA~ 1, MOCK,.'RUOS ENGINEERS · SURYEY~:~LANNERS 10) rECCrE~WrE~ ru FEB?? 200l l!:!l CITY MANAGER'S OFFICE February 18,2000 VIA FEDERAL EXPRESS Mr Charles Gauthier, AICP Growth Management Admmlstrator DIVIsion of Commumty Plannmg 2555 Shumard Oak Boulevard Tallahassee, PL 32399-2100 Subject: NotificatIOn of a Proposed Change - (Letter dated January 11,2000) Quantum Park - DRI - Amendment No 10 (Our Ref No 99004 11) Dear Mr GauthIer Enclosed IS a reVIsed NotIficatIon of a Proposed Change (NOpe) ApplIcatIOn and additIonal traffic mformatIon. The applIcatIon was reVIsed to mclude Lots 83, 84, 85, 86, 87 and 88 In the narratIve of the ApplIcatIon to match the proposed change shown on the reVIsed Master Plan and to mclude a preCIse language recommendatIOn for the requested development order amendment. The addItIOnal traffic mformatIon IS a copy of the a.m. and p.m. peak hour tnp generatIOn tables prepared by Pinder, Troutman Consultmg, Inc., dated February 2, 2000 ThIS informatIon was transmItted to the City on February 2, 2000 VIa faCSImIle. Also included IS Mr PInder's response dated February 17, 2000 to the comments proVIded by Mr Gus SchmIdt, FDOT Should you have any questIons, please contact me at extenSIon 215 EAG"Jeh Enclosure CopIes. Mr Wilfred Hawkms, City Manager, City of Boynton Beach Mr James Synder, Treasure Coast RegIOnal Planning CouncIl (w/encl.) Douglas MacDonald, Quantum LImIted Partners, L.C. (w/encl.) Mr DaVId B Noms, Esq, Cohen, Chemay, Noms, et al. (w/encl.) Mr Michael Rumpf, DIrector Planmng and Zomng, City of Boynton Beach (w/encl.) Mr Allan Fedenco, PBC Traffic DIVISIon (w/encl.) Letters.qlpl qlplgncs:99004 11.1015egjh.doc Mock, Roos & Associates, Inc. 5720 Corpora-e Way West Pclm Beach, Florida 334072066, (561) 683-3113, fax 478-7248 treQlure co~t regional planniQg council G~~ ffi ~ ~ n \fl ~r).\\ \iO P ------,111~1 1\ I i U I! \U ~EB25 -1 'l-:JI i I ! . - I ! PLAN!~iNG AND ' t ZON!NG DEPT. J February 24, 2000 Mr Michael W Rumpf Planmng and Zoning Director CIty of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Flonda 33435 Subject: Quantum Park Development of Regional Impact Substantial DeVIatIOn DeterminatIOn Dear Mr Rumpf' In accordance with the reqUIrements of SectIon 380 06( 19), Flonda Statutes (F S ), we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of RegIOnal Impact (DRI)" (NOpe) for the Quantum Park DRI dated January 11, 2000 and additional InfOrmatIOn submItted on January 20, 2000 The NOpe proposes the followmg revIsions to the master plan. 1) Lots 3 and 6 land use deSIgnatIon IS to be changed from office/industnal to mdustnaL 2) Lots 39 and 40 land use deSIgnation IS to be changed from office/industnal to governmental/institutional. 3) Lot 50B land use deSIgnatiOn IS to be changed from office/industrial to IndustnaL 4) Lots 59, 60, 61, 62 land use designation IS to be changed from office/industnal to mIxed use. 5) Lots 63, 64, 65A, 65B, 66, 67 A, 67B, and 67C land use designation IS to be changed from office/industrial/commercIal to mixed use. 6) Lots 76, 81, and 82 land use designatIOn is to be changed form office/industrial to office/industrial/commercial 301 east ocean boulevard suite 300 stuart, florida 34994 phone (561) 221-4060 sc 269-4060 fax (561) 221-4067 Mr Michael W Rumpf February 24, 2000 Page 2. 7) Lot 91' land use deSIgnatIOn is to be changed from office/industrial/commercIal to attraction and recreatIOn to reflect the approved development of a dual Ice rink-skatIng facility The applIcant proposes to decrease office and mdustnal square footage to allow addItIOnal commerCIal square footage and 500 dwellIng uruts. The proposed changes are presumed to create a substantIal deviation pursuant to SectIOn 380 06(19)(e)3 , 38006(19)(e)5.a and c, Flonda Statutes. AddItIonal Information as requested by the Flonda Department of TransportatIon (see attached letter) IS reqUIred to determme whether the proposed changes WIll or wiil not create any additional regIOnal impacts A reVIsed notice of proposed change was received on February 21, 2000 The applicant submitted additional traffic information to address FDOT concerns and reVIsed the land uses on lots 83, 84, 85, 86, 87, and 88 from OfficelIndustnal or Attraction and Recreation to mixed use to be consistent WIth the revised master plan. Council has reVIewed the additIOnal information and determined that the proposed changes will not create any addItIOnal regional impacts. Council recogruzes and appreCIates the applicant's efforts to create a good mIX and arrangement of land uses and to proVIde for a more sustamable form of development for a portIOn of the proJect. GIven the dIreCtion proVIded In the StrategIC RegIOnal Policy Plan, perhaps the new plan of development for the proposed Quantum Park and Village portion of the project could be perfected further by clearly definIng the commercial and residentIal districts and improVIng these dIstncts by' 1) COMMERCIAL DISTRICT . Create a Network of Streets . Minimize the use of roundabouts. Keep them only where they are necessary (Gateway & MaIn or Gateway & High RIdge) . Move the MIxed-Use Complex (Theatres, restaurant, book store) closer to the street. Keep parking in rear . Place buildings in such a way that in the future, they WIll be lining the streets and parkIng can be accommodated in the core of the blocks, In parkIng structures whenever necessary . Redesign the boulevard's section for MaIn Street: One 11' lane in each direction and one 8' on-street parking lane on either SIde . Create well-defined public spaces/plaza that wIll gIve Quantum Park CIVic pride. . ReVIew High RIdge and Gateway ContInUOUS parking flanks them. . Allow for residential uses above shops. .ANSMISSION I,/ERIFICP- IN REPORT TIME 02/23/2000 13 08 NAME BOYNTON BEACH P & Z FAY 5613756259 TEL 5613756260 DATE, TIME FAX NO. It~AME DURATIOt'-l PAGE(S) RESULT MODE 02/23 13 05 91850488330985085 00 03 25 06 Ok STANDARD ECM Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD POBOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to: fax #. date: from re: pages. J ames Snyder 561-221-4067 2/22/00 ~j~\~QL d .J.)J~.JJ) I d~ Quantum Park NOPC'Notice ~A\j _, including cover sheet LU({)'r"\O ?dd~ - G1U~ Y&+v.I'2J..;c;( tLv-eJ ~ ~ C~J- 2c1d~ Corv€c..:J- 2J.drfSS 7 ~o/ -E CJc.sarr-J avD H ~ 0 SIVA-'4J FL 5l-/19tf Planning and Zoning Division City of Boynton Beach Boynton Beach Florida 33425 742-6260 Fax: 742-6259 ~ANSMISSION VERIFIC~ 'N REPORT TIME 02/22/2000 17 43 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/22 17 42 91551221406724085 00 00 48 02 Of< STAHDARD ECM DEPARTMENT OF DEVELOPMENT DIvision of PlannIng and ZonIng February 22, 2000 Building Planning & Zoning Engineering Occupational License Community Redevelopment Mr James Snyder Treasure Coast RegIOnal Plannmg CouncIl 3228 SW M~ Downs Boulevard, SUIte 205 P 0 Box-f529 Palm CIty, Flonda 34990 Re Notification of a Proposed Change Quantum Park - DRI - Amendment No.tO (Our Ref. No DRIA 00-00 I) Dear Mr Snyder' Please be advIsed that m accordance WIth Chapter 38006 F.S the City of Boynton Beach has scheduled a PublIc Heanng regardmg the above referenced NotIce of Proposed Change for Tuesday, March 7, 2000 at 700 PM. The PublIc Heanng WIll be held In CIty CommISSIon Chambers located at 100 East Boynton Beach Boulevard, Boynton Beach, Flonda. Smcerely, /L0~ Michael W Rumpf cc Eugene A. Gerhca, P .E. Mock, Roos and ASSOCIates, Inc ]-\SHRDA T A\PlanningISHAREDlWP\PROJECTSIQuanrum NOPC Leiter J .doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEPARTMENT OF DEVELOPMENT DIvIsion of Planning and Zoning Building Planning & Zoning Engineering OccupaJional License Community Redevelopment February 22, 2000 Mr James Snyder Treasure Coast ReglOnal Planmng Council 3228 SW MartIn Downs Boulevard, SUIte 205 POBox 1529 Palm CIty, Flonda 34990 Re' Notification of a Proposed Change Quantum Park - DR! - Amendment No.tO (Our Ref. No DRIA 00-001) Dear Mr Snyder Please be advIsed that In accordance With Chapter 38006 F S the CIty of Boynton Beach has scheduled a PublIc Heanng regardmg the above referenced Notice of Proposed Change for Tuesday, March 7, 2000 at 7'00 PM. The PublIc Heanng will be held m City CommISSIOn Chambers located at 100 East Boynton Beach Boulevard, Boynton Beach, Flonda. SIncerely, /LG.J2- Michael W Rumpf cc Eugene A. GerlIca, P .E. Mock, Roos and ASSOCIates, Inc. I:ISHRDA T A\PlanningISHAREDlWP\PROIECTSIQuanlUm NOPC Lenerl.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEPARTMENT OF DEVELOPMENT DIvIsion of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment February 22,2000 Mr Thomas A. McGIllIcuddy MFT Development, Inc., a Flonda CorporatIOn As General Partner to Quantum LImIted Partners, L.C 1401 Forum Way West Palm Beach, Flonda 33401 Re Notification of a Proposed Change Quantum Park - DR! - Amendment No.tO (Our Ref. No DRIA 00-001) Dear Mr McGIllIcuddy' Please be adVIsed that In accordance With Chapter 380 06 F S the City of Boynton Beach has scheduled a PublIc Hearing regarding the above referenced Notice of Proposed Change for Tuesday, March 7, 2000 at 7 00 PM. The PublIc Hearmg WIll be held m CIty CommissIon Chambers located at 100 East Boynton Beach Boulevard, Boynton Beach, Flonda. Smcerely, ---;U~12- Michael W Rumpf cc Eugene A. GerlIca, P .E. Mock, Roos and AssocIates, Inc. j-ISHRDA T A IPlanninglSHAREOI WPIPROJECTSIQuanlUm NOPC Leller2.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment February 22, 2000 Mr Charles GauthIer, AICP Growth Management Admlmstrator State of Flonda Department of CommunIty AffaIrs DivISIOn of CommunIty Plannmg 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re Notification of a Proposed Change Quantum Park - DRI - Amendment No.tO (Our Ref. No DRIA 00-001) Mr GauthIer Please be advIsed that In accordance with Chapter 38006 F.S the CIty of Boynton Beach has scheduled a PublIc Heanng regardIng the above referenced NotIce of Proposed Change for Tuesday, March 7, 2000 at 7'00 PM. The PublIc Heanng wIll be held In CIty CommISSIOn Chambers located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Smcerely, ""/L C~ Michael W Rumpf cc Eugene A. GerlIca, P.E. Mock, Roos and ASSOCIates, Inc. J:\SHRDA T AIPlanningISHAREDlWP\PROJECTSIQuanrum Park NOPC letter-3.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 PII'iDER TROll (MAti ':OtiSOLTltiG. I~C. Transportation Planners and Engineers 2324 South Congress Avenue, Suite 1 H West Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 Email pindertroutman@msn.com February 17, 2000 ~ J .,_L~~lJt~ \ , Mr Gus Schmidt FOOT, District 4 3400 W Commercial Boulevard Ft. Lauderdale, FL 33309 ! fEB 2,2 ( - \ L_~----- --- - _._~.._."_.. ~->-.-~.-..--,~~...",,- Reo Quantum Park NOPC - #PTCOO-06 Dear Mr Schmidt. The attached trip generation data is provided in response to comments contained in your letter of February 1, 2000 Trip generation comparisons are provided on Attachments 1 A, 1 Band 1 C for the daily, AM peak hour and PM peak hour respectively Each Attachment also mcludes the appropnate ITE land use codes. Please note that the trip generation rate for office is based on the ITE 6th Edition equation for an average size of 500,000 SF However the total trips are for the mtensity of office use shown on table If you have any questions please do not heSitate to contact this office cc Bill Cross Jim Snyder Mark Lippert Eugene Gerlica Doug Mac Donald Lusia Galav letler Schmidt OlHJ6 :.1 1 7-00 #PTCoo-06 2/17/00 tripgen copm :\Ot\&NOPC10 00-06 2.01-00 Pag" 1 of 1 Attachment 1 A Quantum Park NOPC #10 Daily Trip Generation Comparison ADA Approved land Use land Use Code Intensity Trip Generation Rate (1) Total Trips Industrial 110 4,183,7 50 SF(2) T=7468(X)-101.921 31,142 Commercial 820 300,000 SF(3) lnm =0.643ln(X) + 5.866 13,815 Office 710 1,969,500 SF(4) 914 11000 SF (5) 18,001 Hotel 312 200 Rms 8.7 IRm. 1 ,740 64,698 Proposed land Use land Use Code Intensity Trip Generation Rate (1) Total Trips Industrial 110 2,252,654 SF T=746800-101.921 16,721 Commercial 820 427,962 SF lnm=0.643lnO() + 5.866 17,361 om ce 710 798,772 SF 914 11000 SF (5) 7,301 Warehouse 150 22,700 SF 496 11000 SF 113 Hotel 312 200 Rms 8.7 IRm. 1 ,740 Park N Ride 90 633 Auto Dealership 841 53,072 SF 23 11000 SF 1,221 Movie Theatre 444 4,000 Seats 0.43 ISeat (6) 1,720 Restaurant-High Turnover 832 28,400 SF 130.34 11000 SF 3,702 Restaurant-Quality 831 69,250 SF 8995 11000 SF 6,229 Conven ienceStoreJGas 853 3,054 SF 845.6 11 000 SF 2,582 Ice Skating Rink (7) 465 93,430 SF 549.5 lRink 1,099 Residential 220 500 Dus 6.63 IDU 3,315 63,737 Net New External Tripsl (961)1 (1) Source: Institute ofTransportation Engineers (lTE), Trip Generation, 6th Edition. (2) Based on 12,500 SF per :\cre for 334.7 :\c'es. (3) Based on 10,000 SF per Acre for 30 Acres. (4) Based on 15,000 SF per Acre for 164.9 :\cres. (5) Based on trip rate for 500,000 SF from 6th Edition Equation.. (6) Palm Beach County Rate for Multi-Screen Theatre (7) 2 Rinks and 8,500 SF of Reslaurant. Trip generation from Palm Beach Gardens facility '" 88.: 0 8 ;::: 0 0 u N ..:. il'<, >- a.. <0 .. "" c c.. g 0 ~ c z ~ c ~ 8- 8 co f c o ot: ra c.. E o U c .2 ~ ;: C; 'II: g ULJ c... C- O '0;: z~ CXl.:.::; ~ rc 0 'Cc...:I: ~ g ~ -5c~ ~ ~ ~ < 0< ! .9- 0'\ t-. ~ 1.0 M "'iij V 0 lI'l ~ N 0 co M 1.0 ~ 0'\ to- ~ M' N 1.0' N 0 co co co "5 1.0 C"I ~ V V '" V ~ M 0'\ .9- 0 ~ ~ t-. t-. M co '" co co M 1.0 t-. ;:: E ~ ~ M 0'\ N <r, S N a; N ~ .c::. ~ co ... S9. ;e. S9. .::t ~ u. '" u. 0'\ '" '" '" !!} r: g ,., 0 E ~ N 0 8 c: +0 ,51 ~ 8.c:. D:: ~ -- -- N .:; 1.0 co <l; 0'\ ~ ;; lI'l c: ci '" ci <l; lI'l 0 0 ~ .9- II ~ E co ..... 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C"')N~O"'lOC'\C'lMM_("'f"'Jr-'N""1" N ~~~~ ~~ro~~~~~~~ ~ I~Or- v q .~ ~ I- ~ ~- LI"\"MMVOO""'COMO'CON \Ccoco "N\CO'o::vO'O\ON Nt-..Lfi N_C"'1 NO M 5 ~~~~- g ~~~~ _"N~"',;;?o c_o~o~ c"-~~c:!~_.::!.!;;~~~~M !~8:7it};~~~~~~~t7i~ &o":ooc;:::o~oooo\C OMOO::::.",.O.....oooo- cO,+oo <:5"""'0 "'0000::::> ..g ~ 8~~f! 8~~~~.c~Q. ~CCS-,.....NoC:O~"'OO"lS~N cO'o.~~ln~~N-~'ll:T ~~ Q; ;or-OO!5 ~O"ONO CJ 0 ~ r- \C .; 11 ;! ,:: E c -' ~ 'in c CJ E ~ ~t};t};~~ "<TNNOO "''''''00 "'0' " " N N..........- r::;:;'" N ~NC"lN "!.v" N .:!! t})~ ~ ~:15t};~6 NO "0 00 ~"f::t'''' LI"\ OOvOO OLl"\"'MO "<TNOV,'" a:;;' C1'\- M.... M N\C 0' ~ ~~~~~gq:~~;;:;~~~ :>~.-CO"""'_M CO-.::ra:;;COCC"l::tN ~8 '" ....J 1~ e 0.. CJ VI ::::> "0 c '" -1~ V; .g .~ c~ ~ ~ ..c .~ 2-! 1J 83:f ,9 ..c CJ ~ J2 CJ a!~ zO ~.9 '" ::l 0..< Qj - > .,f g E '" ~ I~ o~ ~ -f,"'-~-= ~ .~ ::l V'l C ~ to:;q~ii2~ lcc~~~ ~ ~ c: 'c 'Z c: ~ QJ ::: ::l CJ ~ Cl: < '> ~ ~ > V'l J2 I- o III II' g dJ !/) 0 ~~~UU~I- r:::: 0\ ~ ~ VI ~ ;:ij c Qj X w ~ CJ Z C:l z ~ ::; '.:i~ u ~ cO .12 ... " S ~ ~ ...Q ,..Q .,g t: ~ !! .;f ~ .;f 8. 8. 8. ~ g No.. 0" .=EB Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD PO BOX310 BOYNTON BEACH, flORI DA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION To: Fax #. Date: From. Re: pages. Kayhart Pinder @ Pinder,Troutman Consulting, Inc. 561-434-1663 2/1 7/00 Lusia Galav, Senior Planner Attached is the letter received late yesterday from McMahon & Associates -Please reVIew theIr request for addItIOnal mformatlOn on page 4 of letter- Please call Fnday 2/18/00 I WIll be out of the office all day today including cover sheet. Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 742-6260 Fax: 742-6259 -~ANSMISSION VERIFICA~ 1- ~ REPORT TIME 02/17/2000 11 05 NAME BOYNTON BEACH P & Z FAX 5513755259 TEL 5513755250 DATE. TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/17 11 02 94341653 00 04 07 07 OK STANDARD ECM .. ~0.~~~.?!".!;;;~'~~~" ~~S+ RESPONSIVE TRA "ISPORTATlO"I SOU.., nONS PRI:\CIPALS: Joseph \\ McMahon, PE. Rodnev P Plourde. Ph.D PE. ASSOCL-\TES: Joseph J DeSantis, PE. John S. DePalma Cas",' A. Moore, PE. Mr MIchael W Rumpf City of Boynton Beach Director of Planmng and Zonmg CIty Hall 100 East Boynton Beach Boulevard POBox 310 Boynton Beach, FL 33425-0310 ....--..'--...-- -....~ --._~~ .--........-.-......... RE. Review of Traffic AnalysIs for Quantum Park DR! NOPC - Amendment #10 McM Project No M000370 Dear Mr Rumpf Based on dIrection and authorizatIon by Lusla Galav of the CIty of Boynton Beach Plannmg Department, McMahon Associates, Inc. has commenced wIth the project revIew of the Quantum Park DR! NotIce of Proposed Change (NOPC) for Amendment #10 ThIS wntten authorIzation is attached for your reference. Also attached IS three copies of the agreement to be executed benveen McMahon AssocIates, Inc. and the CIty of Boynton Beach. This agreement has been prepared consIstent with the CIty'S format and includes Exhibit A - Scope of Services, ExhibIt B - Project Schedule, and Exhibit C - Fee Schedule. As you can see by the written authorizatIon from Ms. Lusla Galav, the project is to be completed wlthm 10 days. McMahon AssocIates has already transmitted a draft and a final draft of the reVIew of the Quantum Park DR! NOPC, to Ms. LusIa Galav's office. Based on the submittal of this draft, we would expect the City to commence with the executIOn of thIS agreement, so that McMahon ASSOCIates can submit the appropriate mvoices for services, payable in 30 days from receipt of mvoice. We thank you again for the opportunity to work with your office and look forward to future opportunities. 2PUtw~ A John S DePalma, Associate ~' General Manager, Southeast Region JSD/hsv Attachments F-\M0003 7.0\DOCUMENTS\ltrBB021700.00C 2240 Woolbright Road Suite 204 Boynton Beach. Florida 33426 561 364 1666 fax 561.364 0990 e-mail: mcmtrans@gate.net Serving the Mid Alantic Southeast and New England Regions CONSULTANT AGREEMENT THIS AGREEMENT, made and entered mto the _ day of , 2000 by and between City of Boynton Beach, Flonda, (heremafter called "CITY"), McMahon Associates, Inc., a CorporatIon, wIth offices at 2240 Woolbnght Road, SUIte 204, Boynton Beach, FL 33426, (hereInafter called "CONSULTANTS") WITNESSETH WHEREAS, the CITY WIshes to engage CONSULTANTS to prOVIde certam servIces WIth regard to the PROJECT as set forth by Paragraph I, DESCRIPTION OF WORK AND SERVICES, and WHEREAS, the CONSULTANTS represents that they have the expertIse to prOVide such work and servIces, NOW, THEREFORE, m conSIderatIOn of the mutual covenants contaIned herem and Intendmg to be legally bound, It IS agreed that CONSULTANTS are hereby employed, authonzed, and mstructed by the CITY to perform such servIces as are speCIfically described herem accordance WIth the follOWIng covenants and conditIons, whIch both CONSULTANTS and the CITY have agreed upon. 1. DESCRIPTION OF WORK AND SERVICES A. The CITY deSIres to complete a traffic analYSIS for the Quantum Park DRI NOpe, Amendment No 10m such a manner that WIll help protect the health, safety, welfare and qualIty of lIfe of the reSIdents of the CITY In furtherance of these goals, the CITY deSIres that the CONSULTANTS proVIde profeSSIOnal servIces WIthIn present technologIcal knowledge and accepted standards and conSIstent WIth the current reqUIrement of law Upon all partIes SIgnIng thIS Agreement, CONSULTANTS shall prOVIde such consultatIOn work and servIces as stIpulated by thIS Agreement, later presented m EXHIBIT A. B The work and servIces mvolved shall Include reVIew of all pertment data, studIes and plans whIch the CITY has m ItS posseSSIOn relatmg to the DRI, and previous NOPC amendments and agrees to provide for CONSULTANTS Unless otherWIse agreed upon by both the CITY and the CONSULTANTS, munICIpal staff WIll proVIde the CONSULTANTS WIth the Quantum Park Development Order and supportmg documents. C The CONSULTANTS shall work closely WIth the CITY on all aspects of the work and services. The work WIll mclude cooperatIve workmg seSSIOns WIth CITY and publIc offiCIals, CITY departments, other CITY representatIves, and WIth other entities contributmg to the amendment as mdIcated in the project schedule In EXHIBIT B, hereto attached and made a part thereof. The CITY reserves the nght to make mmor modIficatIons to, or add or delete elements of the proJect, as set forth In EXHIBIT A. D The CONSULTANTS agree to provide, at a mimmum, monthly wntten status reports (to Include a descnptIOn of speCIfic tasks and percent of speCIfic tasks and proJect completed) and weekly verbal reports (VIa telephone or faCSImIle when telephone contact is not possible) which also describes CONSULTANT AGREEMENT Page 2 all work completed durmg such perIods throughout the term of thIS Agreement, and further agree to provIde any addItIOnal mformatIOn or status reports as reasonably requested by the CITY II MANNER OF PERFORMANCE A. The CONSULTANTS agree, as an Independent contractor, to undertake work and/or perform such servIces as may be speCIfied In thIS Agreement, or any addendum executed by the partIes or m any authonzed WrItten work order by the CITY Issued m connectIOn WIth thIS Agreement. B All work as deSCrIbed herem, shall be performed to the satIsfactIOn of the Plannmg and ZOnIng Manager and/or hIS deSIgnee m a neat and workmanhke manner All dehverables shall be prOVIded to the CITY In a tImely manner allOWIng suffiCIent reVIew tIme prIor to forwardmg for further reVIew by the CITY C Should any work and/or servIces be reqUired WhICh are not speCIfied In the Agreement or any addenda, but whIch IS nevertheless necessary for the proper completIOn of the Job, such work or servIces shall be performed as fully as If described and delmeated herem, but CONSULT ANTS shall first obtam permISSIOn from the CITY before startIng such work and CITY shall prOVIde payments for such addItIonal work and/or servIces at CITY'S expense m accordance WIth Paragraph III (B) of thIS Agreement. D The CITY may request that CONSULTANTS make addItIOns, deletIOns and changes m the work or servIces only by wrItten notIce m accordance WIth the procedures hereInafter set forth. Such shall be at the CITY'S expense and shall not be bIndIng untIl agreed upon by the partIes and such agreement IS reduced to wrItmg and SIgned by both partIes. E. The CONSULT ANTS agree that the CITY shall not be lIable for payment for any work or servIces unless the CITY, through an authOrIzed representatIve of the CITY, authOrIzes the CONSUL T ANTS to perform SaId work. III. COMPENSATION A. As compensatIon for CONSULTANTS' servIces, the CITY agrees to pay CONSULTANTS in accordance WIth the terms and condItIons set forth herem. The CITY shall pay a sum of$7,430 00 for the work and servIces to be performed under thIS Agreement pursuant to EXHIBIT C, hereto attached, and made a part thereof. Payment of saId fee shall be due and payable monthly WIthin thIrty (30) days of InVOICe as long as saId mVOlce is accompanIed by the respectIve status report on proJect progress and mcludes respectIve delIverables. B If the CITY should deSIre addItIonal work or servIces and CONSULTANTS agree to undertake same, the partIes shall agree, m wrltmg, to an addendum or addenda to thIS Agreement. The CONSULTANTS shall be compensated for such agreed additional work and servIces based upon a payment amount acceptable to the partIes. C The CONSULT ANTS shall mamtam records conforming to usual accountIng practIces whIch shall be avaIlable to CITY or its authonzed representatIve at all times throughout the term of thIS Agreement. The CONSULTANTS further agree to render requests for payment to the CITY, In writing, setting forth mformation on actual costs Includmg hourly rates, hours consumed by CONSULTANT AGREEMENT Page 3 CONSULTANT, travel expenses, and matenals, whIch shall be submItted SImultaneously WIth the prOVISIOn of monthly status reports. All requests for payment are due and payable withm thIrty (30) days of the date of InVOICe The amount of each monthly request shall be based upon tIme, matenals, and other expenses. IV USE AND OWNERSHIP A. All ongmal matenals, reports, documents, draWIngs, speCIficatIOns, computatIOns, sketches, test data, photographs, and rendenngs related to the servIces and work performed hereunder shall be the property of the CITY, once the CITY has paId CONSULTANTS In full for services rendered to date The CITY shall be entitled to one (I) reprodUCIble set of any of the aforesard dehverables whIch are prepared by CONSULTANTS and fifteen (15) copIes of the DRI NOPC final reVIew B The CONSULTANTS agree that the CITY IS not reqUIred m ItS development actIVItIes to use any plan, report, draWIng, adVIce, map, document, or study prepared by CONSULTANTS Further, CONSULTANTS agree that the CITY In ItS sole dIscretIOn, may utilIze the aforesard, or any part thereof, or In any modIfied or amended form and CONSULTANTS warve any nght of amendment to any of CONSULTANTS' work by the CITY or any person, firm or corporatIOn other than CONSULTANTS shall release CONSULTANTS from any and all habIlIty m connectIOn With such work thereafter and the CITY shall not use CONSULTANTS' name thereon. V INDEMNIFICATION A. The CONSULTANTS shall promptly notIfy the Accountmg Department and Legal Department of the CITY of all damage to property of the CITY or others and of mJurIes sustaIned by any persons, mcludIng employees of the CONSULTANTS, In any manner relatmg dIrectly or mdIrectly to the work WIthIn the scope of thIS Agreement. B The CONSULTANTS agree to and do hereby mdemnIfy and save the CITY harmless from and agamst any and all losses, damage, claIms, actIOns, lIabIlIty, attorney's fees, and expense m contract or m tort, m connectIon WIth loss of lIfe, bodIly mJury and/or property damage occurrIng on or about or ansing out of those portIOns of the work under CONSULTANTS' control or wherever arIsmg If occasIOned wholly by neglIgence of CONSULTANTS, or by them or theIr agents, servants, employees, should the same anse durmg the progress of the work. C NotWIthstandIng anythmg to the contrary herem contamed, each party hereby waIves all claIms for the recovery from the other party for any loss or damage to ItS property caused by fire or other msured casualty ThIS WaIver shall apply, however, only where the Insurance covermg the loss or damage WIll not be preJudIced by any reason of such WaIver VI. INSURANCE A. The CONSULTANTS shall secure and maIntam m effect at all times, at theIr expense, insurance of the foIlowmg kinds and lImIts to cover all locatIons of the CONSULTANTS' operatIons m connection with work on the PROJECT CONSULTANT AGREEMENT Page 4 1 Worker's CompensatIOn and Employer's LIabIlIty covenng employees of the CONSUL T ANTS a. Worker's CompensatIOn up to statutory hmIts. b Employer's LiabIlIty with a hmIt of habIlIty of at least $1,000,000 00 2. PublIc LIabIlIty Insurance covenng the CONSULTANTS' legal lIabIhty for bodIly InJunes In lImIts of not less than $1,000,000 00 per person and $1,000,000 00 per occurrence and for property damage of not less than $100,000 00 per aCCIdent and $200,000 00 aggregate 3 AutomobIle LIabIlIty Insurance for bodIly InJunes In lImIts of not less than $1,000,000 00 per person and $1,000,000 00 per aCCIdent and for property damages of not less than $200,000 00 per aCCIdent, prOVIdIng coverage for any aCCident ansIng out of or resultmg from the operatIOn, maIntenance or use by CONSULTANTS of any owned, non-owned or hIred automobIles, traIlers or other eqUIpment reqUIred to be hcensed. 4 ProfeSSIOnal LIabIhty Insurance for all facets of CONSULTANTS' operatIOns and work, IncludIng errors, omISSIOn and neghgent acts covenng thIS Agreement WIth mImmum hmIts of $1,000,000 00 lIabIhty per occurrence and $1,000,000 00 aggregate errors and omiSSIOns VII. COMPLIANCE 'WITH GOVERNMENTAL REGULATIONS The partIes shall keep and perform all reqUIrements of apphcable Federal, State and local laws, rules, regulatIOns or ordInances. VIII. LIENS AND CLAIMS The CONSULTANTS shall promptly and properly pay for all labor employed, matenals purchased and eqUIpment hIred by them In connectIOn WIth the work, shall keep the CITY'S property free from any matenalIsm's or mechamcs' hens and claIms or notIces m respect thereto arISIng by reason of the CONSULTANTS' work and shall dIscharge the same. In the event that the CONSULTANTS do not payor satISfy such claIm or lIen WIthIn ten (10) bus mess days after the fihng of notice thereof, the CITY, In addItIOn to any and all other remedIes, may forthWIth termInate thIS Agreement, effectIve ImmedIately IX. DEFAULT A. The occurrence of any of the follOWIng, by eIther party, shall constItute an event of default hereunder' 1 The filIng of a petItIon by or agamst or for adJudicatIOn as a bankrupt or Insolvent, or for reorganIzatIOn, for the appoIntment of a receIver or trustee of the property 2 An asSIgnment for the benefit of credItors. CONSUL T ANT AGREEMENT Page 5 3 The takIng of posseSSIOn of the property by any governmental officer or agency pursuant to statutory authonty for the dIssolutlOn or hqUldatlOn of the busIness. 4 Non-payment ofcompensatlOns due hereunder for CONSULTANTS' servIces. B Upon the occurrence of any of the foregomg, or If elther party shall fall to dIscharge and perform the oblIgatIOns under thIS Agreement after havmg receIved five (5) days wntten notIce from the non-defaultIng party of ItS failure to perform, the non-defaultmg party shall have the nght, WIthout preJudIce to any nght or remedy afforded by law or eqUIty, to termInate theIr performance of the Agreement. C If the defaultmg party IS the CONSULTANTS and the CITY elects to term mate the Agreement, the CONSULTANTS shall remove themselves from the premIses and turn over to the CITY as the CITY's property, all matenals, reports, maps, documents, plans, and other wntten documents prepared or obtaIned by the CONSULTANTS mCIdent to theIr work under thIS Agreement upon payment m full by the CITY of all amounts due and owmg to the CONSULTANTS D If the defaultmg party IS the CITY, CONSULTANTS shall not be reqUlred to delIver any work product performed under thIS Agreement, Includmg but not lImIted to matenals, reports, maps, documents, plans or other wntten documents prepared or obtaIned by CONSULTANTS mCIdent to ItS work under thIS Agreement unless and untIl all defaults or CITY have been cured and all payments due CONSULTANTS have been made E. If It should become necessary for eIther of the partIes to resort to legal actIon because of a default by the other party, then each shall pay ItS O\vTI legal fees, Includmg appellate proceedIngs. x. WARRANTIES AND CONFLICT OF INTEREST The CONSULTANTS represent and warrant that they have every legal nght to enter Into thIS Agreement and the CONSULTANTS w1l1 not be restncted m prOVIdIng the performance hereunder by any pnor commItments. The CONSULTANTS hereby warrant that there IS no conflIct of Interest In CONSULTANTS present employment, If any, WIth the actIVItIes to be performed hereunder and shall adVIse the CITY If a conflIct of mterest arIses In the future. XI. SUCCESSORS ThIS Agreement shall msure to the benefit of and be bIndmg upon the heIrs, executor, admmIstrators, successors and asSIgns of the partIes hereto, except as expressly lImIted herem. XII. PERMITS AND LICENSES All permIts and lIcenses reqUIred by any governmental agency shall be paId for by the CITY XIII. ASSIGNMENT ThIS Agreement and the servIces hereunder are non-assIgnable by CONSULTANTS unless the CITY has gIven wntten consent. ThIS Agreement and the oblIgatIOns hereunder are not aSSIgnable by CITY unless CONSULT ANTS have gIven wntten consent to such asSIgnment. Any attempted aSSIgnment Without such wntten consent shall be VOId. CONSULTANT AGlu.,EMEN'l Page 6 XIV SCHEDULE The work and servIces set forth In thIS Agreement shall be completed as provIded on the Schedule contamed In the aforementIOned EXHIBIT B, In Paragraph I (C), or In accordance WIth any other date agreed upon In wntIng by both partIes XV INDEPENDENT CONTRACTOR. In all matters relatIng to thIS Agreement, the CONSULTANTS shall be actIng as an Independent contractor NeIther the CONSULTANTS nor employees of the CONSULTANTS If any, are employees of the CITY under the meanIng or applIcatIOn of any Federal or State Unemployment or Insurance laws or Old Age laws, or otherwIse The CONSULTANTS agree to assume all lIabIlItIes or oblIgatIons Imposed by nay one or more of such laws WIth respect to employees of the CONSULTANTS, If any, In the performance of thIS Agreement. The CONSULTANTS shall not have any authOrIty to assume or create any oblIgatIOn, express or Imphed, on behalf of the CITY and the CONSULTANTS shall have no authonty to represent as agent, employee, or m .any other capaCIty than as hereInbefore set forth. XVI. HEADINGS The headmgs used In thIS Agreement are for reference only and shall not be relIed upon nor used In the mterpretatIon of same. XVII INTERPRETATION A. If the CONSULTANTS be a partnershIp or corporatIOn, all words In thIS Agreement refemng to the CONSULTANTS shall be read as though wntten m the plural or m the neuter gender, as the case may be. B ThIS Agreement and all of the terms and prOVISIOns shall be mterpreted and construed accordmg to the law of the State of Flonda. Should any clause, paragraph, or other part of thIS Agreement be held or declared to be VOId or Illegal, for any reason, by any Court haVIng competent JurIsdIctIOn, all other clauses, paragraphs or parts of thIS Agreement shall, nevertheless, remaIn In full force and effect. C ThIS Agreement between the partIes shall be deemed to mclude thIS Agreement and any addendum pertammg hereto as may be executed by the partIes. The CITY shall not be bound by an addendum or change order hereto unless It IS SIgned by an executIve officer or such other authOrIzed representatIve of the CITY The CONSULTANTS shall not be bound by any addendum or change order hereto unless It IS SIgned by an officer of the CONSULTANTS XVIII. MISCELLANEOUS A. LItIgatIOn. It IS understood that the fixed sum payment amount set forth In Paragraph III (A) does not mclude compensatIon to CONSULTANTS for assIstmg the CITY In lItIgatIOn m whIch the CITY may be mvolved. If the CITY deSIres aSSIstance from the CONSULTANT In lItIgatIOn, the partIes shall agree In wntIng on the compensatIOn. CONSULTANT AGREEMENT Page 7 B Records All records relatmg to the work performed and reImbursable expenses mcurred, IncludIng reports of accounts, shall be maIntamed by CONSULTANTS on generally accepted accountIng prmcIples and shall be avaIlable to the CITY or Its authonzed representatives. XIX. NOTICE Any notIce prOVIded by thIS Agreement to be served In wntmg upon eIther of the partIes shall be deemed suffiCIent If delIvered to an authonzed representative of eIther of the partIes, or If maIled by regIstered or certIfied mall, return receIpt requested, to the address of the party above wntten or to such other addresses as the partIes hereto may deSIgnate m wntmg. Such notIce shall be effectIve from the date the same IS deposIted m the marls, regIstered or certIfied marl, return receIpt requested, first class postage prepaId and addressed, whether or not receIved. XX. TERMINATION It IS hereby agreed that thIS Agreement IS for a term commencmg on the date first above wntten, and endmg one year hence, and may be extended for a speCIfic penod of tIme and for mutually agreed upon compensatIOn. It IS understood, however, that future extenSIons may be made only If fully executed m wntmg by the partIes hereto NotwIthstandmg the foregomg, eIther party can termmate thIS Agreement upon thIrty (30) days wntten notice XXI. ENTIRE UNDERSTANDING ThIS Agreement contams the entIre understandIng between the partIes and no modIficatIon or alteratIOn of thIS Agreement shall be bmdIng unless endorsed m wntmg by the partIes hereto XXII BINDING EFFECT ThIS Agreement shall not be bIndIng untIl executed by all partIes. IN WITNESS WHEREOF, the partIes hereto have executed thIS Agreement by theIr duly authonzed representatIves on the date first above wntten. CONSULTANT AGREEMENT ATTEST (Seal) ATTEST (Seal) F'\M0003 7_ O\DOCUMENT\ConsultAgreement.DOC Page 8 McMahon Associates, Inc. (CONSULT ANTS) By Title ASSOCIate CITY OF BOYNTON BEACH ( CITY) By' Title CONSULT ANT AGREEMENT Page 9 EXHIBIT A SCOPE OF SERVICES Task 1 - Inventory/Agency Coordination We will Initiate a project scoplng meeting with the CITY, at the outset of the project. This meetmg wIll dIscuss the scope of the revIew and refine the aspects of all work and deliverables to be produced by the CONSULT ANT for the project. 2 Obtain and revIew all applicable documentation, including the ongmal DRI and the nme (9) subsequent amendments of the Quantum Park DR! We are assummg that m cooperatIOn with the CITY, they WIll produce all eXIsting available mformatlOn, and make thIs mformatlOn available to the CONSULTANT 3 We will field revIew the study area and conduct windshIeld surveys, as reqUIred, of the surrounding roads and intersections of the Quantum Park, noting pertinent physIcal features and traffic control devIces. 4 Secure all appropnate eXIsting and future land use data for the study area, as available from the CITY Task 2 - Review of NOPC - Amendment No. 10 Evaluate the transportatIOn elements of the previous nine (9) amendments. Cross-examine the findings of transportatIon elements WIth the onglnal DR! and Development Order (DO). 2. Separately revIew the transportation elements of the proposed Amendment No. 10 Cross-examine the findings from this review with the origmal DRI and DO, and determme consIstencies/inconsIstencIes WIth the plan 3 Evaluate the proposed Amendment No 10 against the cnterIa stIpulated by the Treasure Coast Regional Plannmg Council. Determine If the NOPC meets the establtshed reqUIrements or IS classified as a substantIal devIatIOn. 4 Evaluate the number of vested trIpS for the onginal DR!. Determme if the NOPC Amendment No 10 meets the vested trIpS, or exceeds, thereby resultmg m a substantial deVIatIOn. 5 Evaluate the land uses. Determme If the land uses proposed m the NOPC, Amendment No 10 match those consIstent WIth the CITY and the DR! Task 3 - Reports, Meetings and Project Administration We wiII prepare a draft report from our review/analysis, and submit to the CITY for revIew and comment. The report WIll contam the informatIOn collected from Task 1, the baSIS for the review ApproprIate graphICS will be included in the report. We wiII proVIde five (5) copIes of this draft report. 2. We wiII meet with CITY staff to dISCUSS the draft report and address comments. Also, each meeting will be documented and included m the report to support the consensus for the plan. We assume that three (3) meetmgs, following execution of the contract, will be required during this process. The first meetmg WIll be project InitIatIon, and the second meetmg will be to review the draft report, and the CONSULTANT AGliliEMEN"l Page 10 thIrd meetmg wIth the CITY Plannmg and Zonmg Board. Each meetmg will be documented and Included in the report. 3 A final report wIll be submItted to the CITY incorporatIng all of the comments receIved to date. ThIs report wIll be utilIzed for the CITY to coordinate wIth the DRI applicant. 4 The final report wIll be formally presented at one CIty PlannIng and Zonmg Board meeting 5 The final report wIll be modified by the CONSULTANT and resubmItted for final review by the CITY based on the comments receIved from the CIty Planning and ZonIng Board. We wIll resubmIt fifteen (15) copies of the final report once approved by the PlannIng and Zonmg Manager, and/or the Manager's deSignee F.\M98335 ]\DOCUMENT\M9833507.DOC CONSULTANT AGREEMENT Page 11 EXHIBIT B PROJECT SCHEDULE The CONSULTANT agrees to complete the work and serVIces, as stIpulated by thIS Agreement, presented m EXHIBIT A, m fourteen (14) calendar days, from receIpt of the traffic analYSIS and eXIstIng DR! and Development Order data, proVIded by the CITY The CITY agrees to proVIde sard traffic analYSIS and DR! data from the applIcant of the Quantum Park DR!. Upon receIpt of the traffic analysIs and DR! data, the CONSULTANT WIll expedIte the reqUIred reVIew The CONSULTANT WIll notIfy the CITY of any delay m the reView, or lack of any mformatIon necessary to complete the reVIew Should any time extenSIon be necessary, the CITY and the CONSULT ANT will agree, and aSSIgn to each In wntIng. The schedule for completIon may also be affected by outSIde agenCIes, whIch are beyond the control of the CONSULTANT The CONSULTANT IS antIcIpatmg that a meetmg or telephone mtervlew may be reqUIred WIth the Treasure Coast RegIOnal Planmng CounCIl. The availabIlIty of the representatIve of thIS agency may affect the proJect Inventory of data and, thereby affect the antICIpated schedule. CONSUL T ANT AGIlliEMENl Page 12 EXHIBIT C FEE - LUMP SUM (Including Expenses) Task 1 Inventoryl Agency CoordmatIOn Project Manager 2 Hrs x $10500 = 210 00 TransportatIOn Engmeer/Planner 16 Hrs x $70 00 1,12000 Sub- Total 1 8 Hrs $1,33000 Task 2 ReVIew of NO PC - Amendment No 10 PnncIpal-m-Charge 2 Hrs x $13000 26000 TransportatIon SpecIalIst 2 Hrs x $150 00 300 00 Project Manager 8 Hrs x $10500 840 00 TransportatIOn Engmeer/Planner 16 Hrs x $70 00 = 1,12000 Sub-Total 28 Hrs $2,520 00 Task 3 Reports, Meetmgs and ProJect AdmInIstratIOn PnncIple-m-Charge 2 Hrs x $13000 = 260 00 TransportatIOn SpecIalIst 2 Hrs x $15000 = 300 00 ProJect Manager 16 Hrs x $10500 1,680 00 TransportatIOn EngIneerlPlanner 12 Hrs x $70 00 = 840 00 Clencal 4 Hrs x $45 00 = 18000 Sub-Total 36 Hrs $3,260 00 Sub-Total DIrect/IndIrect Labor, mcludmg overhead and profit $7,11000 DIrect Expenses Photocopy (b/w & color), mIleage, report reproductIOn $320 00 Total Contract Costs $7,43000 F-\M00037 _ O\DOCUMENl\ConsultAgreement.DOC I, , .:. t ; ~ .. ... --':'~-I ,," ~,/~;.;;i:;~\, ' ..::k'ml'I~1 . -. ~ }: :". '", . '. ,-..,. _ ,1. ~ \/~- ';:: ~-:" ,,"II, "'\~:~-.l" '1-, 'J'~. , ,.." ,"40..~/ " '.;~;;;,~; . .. -rt ,- Florida Department of Co-mmunity Affairs 2555 Shumard Oak Boulevard Tallahassee, FIonda 32399-2100 Steven M. Selbelt, Secretary Division of Community Planning Division Director's Office (850) 488-2356, Suncom. 278--2356 Bureau of State Planning' (850) 488-49:25, Suncom. 278,,4925 Bureau of Local Planning (850) 487-4~45, Suncom. 277-4545 Fax. (850) 488-3309, Suncom: 278-3309 FAcSIMILE , , Date. 7,Al-f::. StA.~t;..~M ~,J Z.111I(00 ski - "14-'2- - &0 tI lv1l1z/ L. ~ (r tZ-1z.:r-- '8.;-0 -4.(4- - (4-7/ / Cover Sheet: 1 + 1--- == 2> Total Pages Comments or Special Instructions: I ~ -l.Jl/lr!.fJv-Yl-+-)' 0>" qu~~ p~ To FacSImile Telephone Number' From Office Telephone Number- Printccll, 02/16/00 16 24 FAX 1 561 364 0990 MCMAHON ASSOC ~ 001/006 ~~'r}S2N.~~g~jtJ.c:+ RESPONSIVE TRANSPORTATlON SOLUTIONS ~ R fii) IS U I ~J_..t'" wi 1 fi -6 1'\ fER' FaCSImIle Cover Oate: J(P :-.Jurnbcr d p~CS i!lCluoirlg CCi\'Cr SilC'Cl. o :'1<. ~;ll;O;J. t '.... .:,,::. +:~_:/.: "I..I:~:'t' 1'11~.:; t.;: :..,'."~ ii '....~.:', ..... v,Al;;;'ot-.:.r...~..., :f~-."'~Gl..l.:i.l' .; *ir..S~ ... . l~:': : I To k ~\~ ~ ~ V ~\~ 6 ~ -~ ~-b(\ Phone: ~/-{~a-&&6'9 Fax: tIw't:...ti:.Z'~~~tiI&I:~~li!" .:.;:::t.:.~if:i'~':;~~:;w.,;:i ",." ,j.,{< . ~r.;-:~..' '. .~ RE: ~~~:':~~~_~I.!fJr...i~iMMitf.<<_<<~-''1.>iI;'' !t~,:.. ',' DYes :J No : ~ ':f Hard coPy to follow: j. '.r.ltl~~i."!C.;)'oJ...' oJ..... .lil.';JW..Io".....:~~._','... ;I<..~...."I:....~.:- (c. IJ.:Ji ,..;' k'~:~',,~;....t...:.:,,:*,:..iArilj~4'ii" . '~~;Jjj..J'~~ . L, il From: (. ') A,/ ~ !32r+s--h ~; l (;1; ;~ Fax Ope"3t:),. ,~ t 11. ;, Phone: L"iG j 1 ~64.1666 (56 I ) 364.()9Q\.'1 , " 7~ f ~-!:; 1t Fax: tl: ;t. ~ ~)Ia:' " . ....~..... "1 :!ttlWiMii-';' :~~ ;"'i .. bd .,--.-J'~......."'J.,.t - 3 ':" .:':r, ll: . ''''~'''''C,1'.,..'.''''-- IV' ~ Remal1q;: o Urgent o As you requested o For your review o Plnse comment By' :,;~ 1~1 :;], " ~ .~ ~: ;:~ .~ jri ":.' ~ ,',j .~ ~ ,I ~ ~ ,~ ~ .1 ~. If rou Ira~ any quettlom or ~ wilt! mat~s reeelved plqse contact 016 fax opetata' U tQOI'I as IX"8ib19. 2240 Woo:bnghc Road, S~i(e 204 &ynton BcaGh, FIori<b 33426 fax (561) 364.0990 e-mail: mCl'l'ltrans@gatc:.I'U!( phone (561) 364-1666 TRANS, ~tf 1TAL - CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD PO. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 t-IPrtvD lEu V'GrU- 0 PIANNING AND ZONING DMSION to: fax #: date: from re: pages: !j)~ &dsdLvr.~ / )J/afi,/ahd'K- ~ ~o~ (J , ~~~ /!ICb~ tOu241rf;r: Jlt,J:.. Va /NOI"C AfNJd~ #/0 Of~ &-u d.a, ifevz~ (] _, including cover sheet. l!ffacJ1}'n.4. r-h I 1~l\dMrt.. ~~ufl112J'1({ ~~ Anr " dYed- {III 106 2 (;f\cUnL C;-r(rvfm~ r~ f(rv~ ckkoe :2-/ ~/DO J Ou~ VaJ-L b12-TJ tV()P~ ,l}rr-erc1nuzd.1J (0 /J-;:?~Wzc;r..) 7 QUu.:/uM;/utA::: 1ue;c ) )/l~ IluYJ )Jlod - % 0- ~ ~Pah /~ ;f1A/I-evU t!drv1~ -0' .. . FxCUf{Jf ~ ()flo/ No iY1J. <LO rle ~ Sk13 ~D''''''"d Q;~m r1z~ Mado--I(~ f1 {f0f~ A>>vzrd~d-- -r.L / 9J {i(}h./'OAvYu. z.2 ~ f~ - Qu4t-fulYl r~J:::. P!anningand Zoning Division ~ r City of Boynton Beech a hd- V..Jl? Boynton Beach. Ronda 33425 . I 742-6260 cvl /IYtL Oh ;LI(/I,1~ (m2 - D1- - QO.; c+-o Fax: 742-6259 ~ ~ ftk Sc f!J-- you-~ /2af/(Q;:u ~ ~c fJ.1 cL ode . oJ:cJ I 'YO;lbwz./? tA-- cd ~ VA4J~ cYP 5" to '1 \J ~1t" ) (htW2 1)L..IA 00- 001 -- ~--~ ------ -----~--------- 02/B2/20B~ 15 ~7 55143'-1553 PINDER TROU"T"M~ PAGE 01 PI"DER TROaTHfI" CoNSGLnftCi, I ftC. TrlllIpuIWIon AII"leIS'" Enfneen ,":'<, \fT\~~ ~ '~1 fl' n'I' \ \ ~, \ r--- . n .~,. fEB-32OOO ;~, -~ .IG l\NI> I OEPl. Fax Transmittal Form DATE February 2, 2000 TIME: 4:41 PM TO: LUlia Galav COMPANY: City of Boynton Beach Planning Department FAX NUMBER: (561) 142-6259 PHONE NUMBER. (561) 742-6260 PROJECT NAME: Quantum Park NOPC .10 . #PTCD0-06 PROJECT NUMBER: PTCOO-06 NUMBER OF PAGES INCLUDING COVER. 2 Copies to: OWl Enclolures o o o o o Urgent 181 As Requested 18I For Review 181 Please Reply 181 Original Will Follow Me5sage: Attached are Tnp GenerationTables fOf the captioned project, From the desk of Kahart M. Pinder, Alep Principal ..... T...... (.......... Inc. 2324 $outh Co~ess A\'enue, Suite 1 H ! West Palm Beach, Fl 33406 PTC 561-434-1644 Fax 561 -434-1663 ~mail pindertroutman@msn.com ; r _ ._ PlriDER I RO,-- fMflr; ':OfiSOL1.IiG. ~fiC. Transportation Planners and Engineers 2324 South Congress Avenue, Suite 1 H West Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 Email pindertroutman@msn.com February 2, 2000 Re: Quantum Park NOPC #10 - #PTCOO-06 ~ ~ @ ~ 0 vlj m m--'!' IID'r:-~ n ~L~ - 4200J J'~/I !G AND J L---- OEPI Ms. Lusia Galav City of Boynton Beach Planning Department 100 E Boynton Beach Blvd POBox 31 0 Boynton Beach, FL 33452 Dear Ms. Galav' Attached are the peak hour trip generation tables as we discussed at our meeting on Monday, January 31, 2000 Two scenarios have been provided as you requested Exhibits 1 and 2 provide the AM and PM peak hour trip generation comparison of the ADA approved land uses and the proposed land uses for the current NOPC. The proposed land uses represent a substantial decrease in both the AM and PM peak hour trip generation In both the AM and the PM peak hours, there are substantial reductions in the peak direction of project traffic. During the AM peak hour, the inbound volume is reduced by 2,231 trips, and during the PM peak hour, the outbound volume is reduced by 1,092 trips. Exhibits 3 and 4 present the AM and PM peak hour trip generation comparison of the most recent NOPC land use scenario (NOPC #9) and the current NOPC land uses. The proposed land use scenario has a minor decrease in total traffic during the AM peak hour, and minor increase in total traffic during the PM peak hour However, there is a reduction in project peak direction traffic during both the AM and PM peak hours. The increase of 40 trips during the PM represents an increase of less than one-tenth (1/10) of one (1) percent. This responds to your request. 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'2j'J,c,l:o.W O'IO.l:;.,l:o. t..,) '" ~ ~~~;j~ ,b. !..,) N -t ;::'I ~~~~~o~~~25~:i'[ Q"II.CU10'J0'.O'\Ol.Q'J,l:o. z o " n .., ~ >- "0 "0 a < ~ ~~; '" -. ,,=,0- ~ E ;:,: :0<"3"" ::C" o '" ~ ~ -1Z :l. 0 "0 " on ~ .., (';) ... ~o o' =' g 3 ~ ~. =' ~ ~. ::> -8 3 ~ ~ '" Il" ;:) l;l ;y~ '" '!@.., ::!l 2:~~~ ~8g," Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD POBOX 310 BOYNTON BEACH, FLORI DA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to: fax #. date: from re: WaVu &J&~ S7., 1- S(P,/ - 09 c c:2 - I - 06 I~U~~ 4-ta t/ &g~7 r Y7A ~ pages: ~, including cover sheet. Je- 26fC'A chcl- /lA~o Planning and Zoning Division City of Boynton Beach Boynton Beach. Florida 33425 742-6260 Fax: 742-6259 a r 0)->> g .... '" g ~ - Q,. Iil g .. c: 5' -i:j' ~. ; tt !D !2. ~ .... '" 0: 8 " ~1 ~ g" ~ ~ <l!l. ~ " '" 3 ~ ~ g ? f~ ~. ~ J. ~ l -t~gg~~ SEv>::l~~ > '" ~ i1i c: _ ~ ~" g" ~" ~ ~ :=... 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'" 0:> ~ "" '" 0- '" 0 C7' '" 0 ..0 ..0 ... 0:> ..0 Cl'I '" .... 0:>0:> Cl'I Er Cl'I ..0"" "" C7' '" ..... "" '" ..0 Er '" 0:> ..0 "" 0:> 1.11 .... 0 0 ... "" "" .... 1.11 Cl'I "" .... ... 0 0 ... "" 0 "" '" -t -t ~ ... ~ ~~. ... '" ~~. ~ "" ~ ~ ~ '" ... 0:> ..0 ... '" ..0 Cl'I ~ ~ '" '" '" ..0 :::i '" Cl'I 00 Cl'I 1.11 "" 1.11 ... ... ..0..0 ..0 0:: Cl'I \.n '" ..... ~ ... ~ "" "" "" <.:J ..0 0 \D ..0'" "" 0 "" ~ Cl'I 1.0 <.:J 0 ..0 0:> ... ..... ~ ~ '" -t-t .... ~ ~ '" -t -t W w '" ~ 1.11 "" 1.11 ~ ~ oa. "" i' ~ w ~ '" Cl'I ~ ~ "'.....~. 0 ... ... ~ '" cc ~ 0 Cl'I ... CXl '" ~ "" "" 0 0 0:>'" "" ... 00 '" ~ 1.11 ..0"" ~ 0 "', 0 0 1.11 ..0 cc 0 ..0 ..0 ... '" "'<.:J 0:> '.n '-"0:> 0 ..!) ..0 ... "'0:> ....."" c: ~. " ~ z 0 ~ '" ll' 0 8 ;j'g .. ." 'li'" rl ;;s~~ ::88... ~ANSMISSION VERIFICr-TON REPOPT TIME 02/01/2000 13 02 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02 01 13 01 93640990 00 00 50 02 Ok. STANDARD ........, '-.....,...__ ....., . '11 '.1 """'-' I ............. V....."....". ~.. ~.a. I~..... .l.V V'J .LV.L'" 11 f.!"~iI~ ~- .hi~JL~'1 r- , !1{.'Ji ~" 'If I .. , 'lll, I --. , ~. ~ .JUJ}=t:B '1 ~ , I. Flonda Department of T ransportatU)f1 ~ ,{}[]{/ j ~ ~ r...-. ; ~ An: "PA. ~ ~PRiit;'f!.8:'p __ lk.\NSPORTA1"JON J'LANI\olNG OFFICE DISlllICT. .~.,.,.iR'. HCO WIt$t CommerQal "Iyd.. 3rd Floor. FI. LoIU~.nI&k, ilL 33'1J9.)&21 SEe . 'OJ!:! "'e1ephQlJe: (9504) ?n.460l: Fax: (954\ 777.467\ JED BUSH GOVERNOH February I, 2000 Mr D Ray Eubanks Planning Manager Department of Community Affairs 2SSS Shumard Oak BoulevllTd TaUahaa.... FL 32399-2100 Dear Mr Eubanks: SUBJECT Qaantum Park Developmeat of Regional ~p.ct (DRI) City of BoflltoltBeach, ~Beach County Notification orPropO.ed CbaDp (NOpc) A.ucqucstcdin the lettec from Mr James ~yderofthe Treasure Coast R.egional PlUming COWlcil. the Department has reviewed the QuantumiP~kDevdopment ~fRegionalImpact (DRI) Notification of Proposed Cbange (NOPC) dated JanulrY 14,2000 The Quantum Corporate Park DRI w~ ,originally approved on December 18, 1984 as a mixed-use development. 'fhrouab amendments, the ~elopment order now approves the following land uses: commercial. mdu~ govemmenllinstt~nal, office, recreatlon aod hotel. The applicant proposes revisions to the DIU Master Plan to create a roi,ted-usedevelopmem that includes office, commercial, lAd resldeatial-:UIOS. The applicant has proposed the fonowing chan8es to the Master Plan: I i i I . ModitYing Lots 3 and 6 tiom Offi~sttial to Industrial to be consistent with approved site plans. . ModifYing Lots 39 and 40 from ~Q6IIndustnaJ to Goyenunentalllndustnal :since they were purcbued by Palm Beach County School District. . ModifYing Lot SOB from Offi~ to Industrial. . Amending Lots 59, 60,91,. and 62 from Office/Industrial to Mixed-Use to be developed as part of the "'Quintum Park am V~e." . Amending Lots 63,64, 65(A, B). 66. 6:7(A, B). and 67C from OfficelIndustJjallCommercial to Mixed-Useto be developed u part ofthe "Quantum Park and Village." WVJW dot.state.tl.u5. e (~S(;YC~o ",,1'$0 ....UA. '-'. u.a.. ..~aDllC Mr D Ray Eubanks Febnwy I, 2000 Paae 2 . Modifymg Lots 76, 81, and 82 from Oflicellnduatrial to Office/IndustriaVCommercial reversing the cbanse made m the previous NOpe , Moditying Aot 91 tram OfficelIodUstriallCommercial ~o Attraction and Recreation to reflect the approvod ice rink and skatinafaciJity The following are our comments: · The applicant provides only the,prbpoHddaily trip ~on chart. TheapplicaQt should also include the approved daily triP pneration chart, ~ approved peak hour trip generation chart, and tile proposed trip generatIOn chart. · The applicant should include theITE Trip Gon.eration Code for referenee in future submittals. It is unclear,whicllland use codes and trip rates are ~ng used. · The appHcam indicates in. Exhibit 11 that thehttensity o(the Office use IS 798,772 square, not 500,000 square feet. Therefbre, the applicant should ~ the trip rate used for Office and explain the fOotnote that states, 'Thp rate for 500,000 square feet." In c:onclusioD, the Ql,aantum Perk NOPe provided to the Department does not have suffiaent information to detemili1e whether the proposed development; negatively lInpacts the surrounding roadway network. I The applicant should; provide a revised traffic study addressing the above- mentioned issues. If you have any questions. please contact~. at (954) 777-460~ GS al Sinoerel}\ ! ---~ I /-AtM=~t~-r-- 4~o Schmid P.E. ~~wr PI . Mauser ec: fun Snyder, TCRPC Bob ROlDl8 Joe Yesbeck .~ Bill Cross ,~ ~l!.g~~~.?!'..!::.;;;;.~~~~,,~~~. RESPO'\SI\ E TRA'\ SPORTATIO'\! SOiL TIO!\S PRI'\CIPALS Joseph W \/,:>'lahon. P E Rodne"y P Plourdl' Ph.D P.E. ASSOCIATES: Joseph] DeSantis, P.E. John S. DePalma Cust'v A. ?\-loor fl.E. LUSla (]"Ia'v SemOf PlaImer Planmng and Zonmg DIVISIOn eH) of Boynton Beach I au naSI Ik):,vTlton Beach Boulevard POBox 3] 0 February 16,2000 {;--_hO'_ IIP~-@ . I Ulwi FEB I 7 iuuU I ! GANO . ,DEPT. l~i J J30,; ~tQ~ Beach, FL 33425.0310 RE ReView of Traffic AnalYSIS for Quantum Park DRI NOPC - Amendment # 10 McM Project No M000370 Dear Ms. Gala\ McMahon ASSOCiates, Inc. has revIewed the "NotIficatIOn of a Proposed Change to a PrevIOusly Apprnved Development of RegIOnal Impact (DRI)" (Nope) for the QUaIltum Park DRI, dated February '1 2000 lr !udcd are our comnlents regardmg thIS submIttal. In general, It IS our findmg that the applIcant's submIttal lacked suffiCIent mformatIOn for a proper and thorough reVIew We understand It IS theIr pOSItIOn that no supportmg mformatIOn IS reqUIred because they belIeve the proposed change does not qualIfy as a SubstantIal DeVIatIOn. GIven the proposed changes, we belIeve adequate documentatIOn must be presented to SubstaIltIate theIr claIm that the proposed changes WIll not sIgruficantly Impact the regIon. Based upon our reVIew, It appears that the proposed changes do constItute a Substantial DeVlatIOIl. Accordmgly, we have IdentIfied specIfic areas of concern for whIch we belIeve additIOnal analYSIS IS appropnate. If you have any questIOns concernmg the above matter, please do not hesitate to call me. Walter W Bertschmger, AICP Senior Transportation Planner wwn'CAT l\.ttachment F'\M00037 _ O\DOCUMENTS\ltrLG02I 600.DOC 2240 \\oolbright Road. Suite 204 Boynton Beach. Florida 33426 561 364 1666 fax 561 364 0990 e-mail: mcmtrans~ gate.net Sen';ng the Mid Alantic Southeast and Nett' England Regions Quantum Park DR! NOPC Amendment #10 Review The applIcant, MTF Development, Inc, a Flonda CorporatIOn, has submItted a NotIficatIOn of a Proposed Change (NOPC) to the CIty of Boynton Beach regardmg the Quantum Park DRI The DRI was ongmally approved m 1984 Smce the ongmal approval, there have been nme amendments. The NOPC request by MTF Development, Inc represents the 10th amendment. ThIS amendment proposes land use changes that dIffer from the ongmal DRI and subsequent amendments. The pnmary dIfferences Include the mtroductIOn of multI-famIly housmg and mIxed-use development. The proposed changes also mtend to Increase the amount of commercIal square footage by 445 percent versus the amount that was approved m NOPC Amendment #9 Altogether, the changes raIse concerns regardmg traffic Impacts upon adJacent roadways, whIch could result In addItional regIOnal Impact. Therefore, the CIty of Boynton Beach requested an exammatIOn of any potentIal problems m NOPC Amendment #10 McMahon ASSOCIates, Inc has reVIewed NOPC Amendment #10 to determIne If the land use changes constItute a substantIal deVIatIOn from the most recently approved NOPC Amendment #9, March 1999 The reVIew mcluded an eXamInatIOn of 91-2 and Chapter 380 rules regardIng substantIal deVIatIOns. The results mdIcate a few areas of concern, which are presented In the followmg analYSIS. Rule 91-2, "Rules of Procedure and PractIce Pertammg to Developments of Regional Impact", contams Subpart B "Development of RegIOnal Impact Procedures" subsectIOn 91-2025, "Local Government Development Orders," sub-subsectIOn (11) (d) WhICh states that "Any change to a preVIously approved DRI whIch the developer belIeves meets the cntena of Subparagraph 380 06(19)(e)2, Flonda Statutes, shall be submItted to the DIVISIOn, the local government, and the regIOnal plannmg agency USIng Form RPM-BSP-PROPCHANGE-l " Such changes are conSIdered cumulatIvely WIth all other prevIOUS changes to the DRI m determming whether the condItIOns of Subparagraph 380 06(19)( e)2 , Flonda Statutes, are met. An exammatIOn of the condItIOns of Subparagraph 380 06(19)(e)2, Flonda Statues, determmed that the applIcant's NotIficatIOn of a Proposed Change Amendment #10 has not met all of the condItions of Subparagraph 38006(19)(e)2., Flonda Statutes. In partIcular, Subparagraph 380 06( 19)( e)2, Flonda Statues, states that "Except for a development order rendered pursuant to subsectIOn (22) or subsectIOn (25), a proposed change to a development order that mdIvIdually or cumulatIvely WIth any prevIOUS change IS less than 40 percent of any numencal cntenon contamed m subparagraphs (b) 1-15 and does not exceed any other cntenon, IS not subJect to the publIc hearIng reqUIrements of subparagraph (f)3, and IS not subJect to a determmatIOn pursuant to subparagraph (f)5 " As stated In Subparagraph 380 06(19)(e)2., Flonda Statutes, a NotIficatIOn of a Proposed Change that meets the cntenon In subparagraphs (b) 1-15, does not reqUIre further actIOn. However, If the cntena are not met, as stated In Subparagraph (b), further development reVIew IS reqUIred. Subparagraph (b), stIpulates that "Any proposed change to a previously approved development of regIOnal Impact or development order condItion whIch, eIther IndIVIdually or cumulatIvely with other changes, exceeds any of the follOWIng cntena shall constItute a substantial deviatIOn and shall cause the development to be subject to further development-of- regIOnal-impact reVIew WIthout the neceSSIty for a findmg of same by the local government." DUrIng the reVIew of NOPC Amendment #10, It was determIned that two of the fifteen CrIterIa of subparagraph 380 06(19)(b) were not met. The CrIterIa Include 9 An Increase In the number of dwellmg umts by 5 percent or 50 dwellIng umts, whIchever IS greater 10 An Increase In commercIal development by 6 acres of land area or by 50,000 square feet of gross floor area, or of parkIng spaces prOVIded for customers for 300 cars or a 5-percent Increase of any of these, whIchever IS greater The number of dwellmg umts and commerCIal square footage presented m the criterIon of Subparagraph 380 06(19)(b)1 -15 may be reduced to 40 percent of the OrIginal numbers. The 40 percent reduction m dwellIng unItS from 50 to 20 and commercial square footage from 50,000 to 20,000 dId not enable NOPC Amendment #10 to fall wIthm the CrIterIon reqUIrements. NOPC Amendment #10 proposes to buIld 500 dwelhng umts and prOVIde an addItional 131,000 square feet of commercial land use as compared to NOPC Amendment #9, see ExhIbit 3 Based on the results of thIS reVIew, In accordance WIth Rule 9J-2 and Chapter 380 reqUIrements, It appears that speCIfic land use changes In NOPC Amendment #10 have created a substantial deVIatIOn from the orIgmal DR! and subsequent amendments. Subparagraph 380 06(19)(a) stIpulates that "Any proposed change to a preVIOusly approved development whIch creates a reasonable likelihood of addItIOnal regIOnal Impact, or any type of regIOnal impact created by the change not preVIOusly reVIewed by the regIOnal plannIng agency, shall constItute a substantial deVIatIOn and shall cause the development to be subject to further development-of- regIonal-Impact reVIew" The orIgmal DR! and prevIOUS amendments did not contam reSIdential and mIxed-use development. Smce these two land uses were not mcluded m the orIgmal DR! reVIewed by the Treasure Coast RegIOnal Plannmg CounCIl nor in any subsequent amendments to the DR!, the Treasure Coast RegIOnal Plannmg CouncIl should have the opportumty to reVIew NOPC Amendment #10 for the potential regIOnal Impact. In addItion to the concerns already addressed regardmg the substantial deVIation, there are a few other questIOns that were raIsed dUrIng the reVIew of NOPC Amendment #10 They are as follows. In completIng form RPM-BSP-PROPCHANGE-l, MFT Development, Inc. opted not to proVIde the SubstantIal DeViatIOn DetermInatIOn Chart as stIpulated m part 6 of the form. Instead, they replIed 6 1 The SubstantIal DeviatIOn DetermInatIOn Chart has not been completed m support of thIS NotIce of Proposed Change. The chart has not been prepared or updated SInce the Second Amendment to the Development Order ThIS NotIce of Proposed Change IS submItted to effect the Tenth Amendment to the Development Order 6.2 No change to the DR! IS proposed other than as set forth m paragraph 5, above. Because of the multIple land use desIgnatIOns on many of the lots wIthIn the DR! proJect, the ApplIcant submIts that completIOn of the SubstantIal DevIatIOn DetermmatIOn Chart would not be productIve. There are over 100 lots wIthm the DR! consIstmg of several land uses. The development of a SubstantIal DeVIatIOn DetermmatIOn Chart would not be a sImple matter However, the fact that It has not been prepared for Amendments 3 - 9, does not warrant ItS exclUSIOn m the NOPC Amendment #10 ThIS IS espeCIally true smce the land use changes m NOPC Amendment #10 have constItuted a substantIal deVIatIOn from the ongmal DR! and subsequent amendments. Another area of concern mvolves the tnp generatIOn compansons In ExhibIts 1-4 that were mcluded m a letter to Ms. LUSIa Galav, dated February 2, 2000 Upon further reVIew of the tnp generatIOn numbers, we dIscovered some dIscrepancIes whIch are lIsted below 1 Lots 83 through 89 were not Included m sub-paragraph number 5 of form RPM-BSP- PROPCHANGE-l 2 In ExhibIts 1-4, the reported tnp generatIOn rate for AM and PM Land Use Code 710 (InstItute of Transportation Engmeers' Trip Generation, 6th EdItion) underestimated the total tnps due to mcorrect tnp rates. For example . Reported AM Tnp Rate of 1.346 per 1,000 Gross Floor Area (GFA) ITE 6th EdItion. Actual AM Peak Hour Tnp Rate (ITE 6th EdItion) IS 1 56 per 1,000 GFA. The dIfference equals 171 addItIonal tnps USIng the correct tnp rate. . Reported PM Tnp Rate of 1.28 per 1,000 Gross Floor Area (GFA) ITE 6th EdItIOn. Actual PM Peak Hour Tnp Rate (ITE 6th EdItIOn) IS 1 49 per 1,000 GF A. The dIfference equals 168 addItional tnps using the correct trip rate. . The reported AM and PM tnp rates m ExhibIts 1-4 could not be located m ITE 6t\ 5th, 4th and 3rd Trip Generation. 3 In ExhibIts 1-4, the Park and RIde total tnps are unsubstantIated. ITE Land Use Code 90 IS used m all four exhibIts WIthout a descnptIOn of the varIable used or mtensIty ITE Trip Generation, 6th EdItIon proVIdes three varIables Includmg parkmg spaces, occupIed parkmg spaces, and the number of acres. It IS unknown whIch was used. Also, the source of the percentage of dally tnps was not found m eIther the ITE 6th or 5th EdItIOns. It IS unsure where the percentage was denved. ThIS omISSIOn could Impact the actual number of tnps that the Park and RIde lot generates. 4 ExhibIts 1-4 mclude a Convemence Store USIng ITE Land Use Code 853 under the Land Use column. AccordIng to the SIte plan, a MobIl Gas Station WIth a convemence store wIll be part of the development. The ITE Land Use Code for thIS land use IS 845 An exammatIOn of the number of tnps generated by a Convemence Store WIth Gas Pumps (853) versus a Gas StatIOn WIth a Convemence Store (845) results m an mcrease In AM and PM peak-hour tnps of 100 percent for the Convemence Store WIth Gas Pumps, gIven that both land uses have a SImIlar number of gas pumps. It IS suggested that ITE Land Use Code 845 be used Instead of 853 to bnng the tnp generatIon analYSIS of the proposed NOPC Amendment #10 mto agreement wIth the SIte plan. Conclusions The land use changes m NOPC Amendment #10 exhibIt a substantial devIatIOn from NOPC Amendment #9, wIth the addItIOn of multI-famIly resIdential umts and mIxed-use development. ThIS wIll reqUIre addItional reVIew With the advent of the aforementioned land use changes, a SubstantIal DeVIatIOn DetermmatIOn Chart should have been prOVIded. Tnp generatIOn rates and land use code dIscrepanCIes m ExhibIts 1-4 need to be clanfied because the correct ITE 6th EdItion rates mdlcate a larger number of net new external tnps. As noted preVIously, there IS some uncertaInty concernIng the actual number of Park and RIde tnps. ThIS needs to be resolved to amve at the actual number of net new external tnps. In addItIon, It IS our mItIal findmg that at a mImmum, the followmg analYSIS be prOVIded. . Analyze the operatIOn of Gateway Boulevard between Congress Avenue and 1-95 for the eXIstIng (currently approved) and proposed development scenarIO durIng the AM and PM peak-hours. ThIS analYSIS should focus on peak-season condItIOns and should be based on actual count InfOrmatIOn. It IS recommended that the analYSIS tool be the Flonda Department of TransportatIOn's ART_PLAN spreadsheet program. . All IntersectIOns of roadways whIch prOVIde access to the DR! WIth Gateway Boulevard must be analyzed for both the currently approved and proposed development scenarIO for the AM and PM peak-hours. . Analyze the operatIOn of the 1-95/Gateway Boulevard mterchange/ramps durmg the AM and PM peak-hours. . Analyze the IntersectIOn of Congress Avenue and Gateway Boulevard during the AM and PM peak-hours, for both the eXIstmg and proposed development scenanos. . Analyze the mtersections of High RIdge Road and Hypoluxo Road and High RIdge Road and Minor Road for both the AM and PM peak-hours, for both the eXIstmg and proposed development scenarIOS. . Analyze the AM and PM peak-hour operatmg condItIOns for the mtersectIOn of Congress Avenue and Quantum Boulevard for both development scenanos. All of the above analyses should be performed for two honzon years, the total bmldout of the DR! and Year 2000 F'\M00037 _O\DOCUMENTS\ltrLG02I600.DOC :~L4~~ ENGINEERS January 20, 2000 Mr Charles GauthIer, AICP Growth Management Adrmmstrator DIVISIon of Community Planmng 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Subject: NotIficatIon of a Proposed Change - Letter dated January 11,2000 Quantum Park - DR! - Amendment No 10 (Our Ref No 99004 11) Dear Mr GauthIer Attached are the proposed ModIficatIOns to the Notes shown on the Master SIte Development Plan submitted m support of the NotIce of Proposed Change Upon reVIew of the Traffic AnalYSIS the Land Use IntenSItIes wIll reqUIre modIficatIOn. The Proposed ModIficatIOns to the Notes are attached for mclusIOn m the NOPC ApplIcatIon referenced above Should you have any questIons, please contact me at extenSIOn 215 EAG"Jeh Enclosure CopIes. Mr WIlfred Hawkms, City Manager, CIty of Boynton Beach Mr James Synder, Treasure Coast RegIOnal Planmng CouncIl (w/encl ) Douglas MacDonald, Quantum LImIted Partners, L.C (w/encl.) Mr DaVId B Noms, Esq , Cohen, Chernay , Norns, et al. (w/encl.) Mr Michael Rumpf, DIrector Plannmg and Zonmg, CIty of Boynton Beach (w/encl.) Mr Allan Fedenco, PBC Traffic DIVISIon (w/encl.) Letters.qlpl.qlplgncs:99004 11 lOO6egjh.doc Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach. Florida 33407 2066. (561) 683-3113. fax 478-7248 1.500 NORTH HIGH RIDGE ROAD PO Box 1360 BOY'TO~ BEACH FL 33425-1360 USA PRom"ONA' ENG:~!.~!z.~!~:::UFAcrURER' (.UkT G. JOA~ lite. PHONE (561) 732-7177 FAX (561) 736-3947 E-MAIL joa@joa.com '--- January 14,2000 ----- City Commissioners Boynton Beach City Hall POBox 310 Boynton Beach, FL 33425-0310 tJt; /f"Y!1"/T!t J4~ ~ 1. ,I I ./ ~ < (,~t; '-y1(~r/'(/' /-!,.;t(J-, /_ " Co /-:). r- Mayor Gerald Broening Boynton Beach City Hall PO Box310 Boynton Beach, FL 33425-0310 Boynton Beach Chamber of Commerce 639 East Ocean Avenue, Suite 108 Boynton Beach, FL 33435 r'-"'- .- . ! fDJ r~~j~ r 1 . FEB 7 ,Ii"." . : ,~ '- . hi~j) 0EPT. Quantum Limited Partners 1401 Forum Way, Suite 101 West Palm Beach, FL 33401 RE' 4"""l"""-"T""~_ ~ .. ~ ,. "'I" 'l ~ J' '.'...J 1L" ..~. . L ~ RE: QUANTUM PARK DEVELOPMENT CHANGES JAN 21 ...... Gtl"'{ ~t'l t^l'''~f_!:'"':'~~''!o ..' .-~ .t,.- ~.:"'"1...4.~~ ~ vr~c " '"'~ Dear Sir/Madam. ,- I took notice of the article in the Palm Beach Post on January 13 (attached) regarding the proposed change In development of Quantum Park. The substance of the article requires that I give my input directly to each of you from the perspective of a company established here over 35 years ago, doing business during that time and now potentially being impacted negatively by your actions. Curt G Joa, Inc. has been in Boynton Beach since 1965. Over that period of time, we have asked little of the City We have willingly paid our taxes and supported the community without question. Before the existence of Quantum Park, due to our isolated location, our needs were pretty much overlooked by the City Although our property is not actually part of Quantum Park, we have been surrounded by the Park and assimilated into it for all practical purposes. That has resulted in both a positive and negative impact on Curt G Joa, Inc. My understanding is that Quantum Park was conceptualized, designed and ultimately zoned as an industrial area. Of course, that zoning was apparently altered or overlooked when the property for the high school was sold to the County School Board. That change in use of the Park diluted the tax base significantly, resulting In lost revenue to the City More significantly to the pre-existing businesses in the Park, having Park Ridge Road blocked off to through traffic and lJ.aving only one entrance into the Park has resulted in lost time, efficienc), increased traffic and a safety question to the businesses in the Park. This disregard for these businesses is a significant negative to doing business in the Park and in the City of Boynton Beach. Now according to the latest proposal, there will be even additional lost revenue from a change in use of the land. I am not an expert on the zoning situation, but I have always been under the impreSSIOn that the philosophy was that once the zoning board zoned in a certain way, the changing of that zoning was intentionally a difficult process. The newspaper artIcle indIcated that there will be less traffic than for which toe Park was originally designed. That is totally ludicrous and, I am certain, cannot be substantiated with am traffic study or projection. SINCE 1932 - - - LEADERSHIP THROUGH INNOVATIVE ENGINEERING URT G. .lOA. Inc. (JJ summary, Curt G , ..., Inc. tJ,tJposes this change in desl&1ation of the Park and development plan. Quantum Park needs to remain an industrial area. The owners of the Park need to do their job to make the land marketable for that use, not to change plans to suit their needs. If this change is made. I can see the possible result being businesses, such as ours, moving out of the area and. in turn, the loss of even more revenue to the City TJK/bjp Attachment Best regards. CURT G. JOA, INC. d y~~~~ \ 4 1~:l;' .I / ,<<~".~ -e:-_ 7.J;!?i" I ,,'1t-J'WI- Timo~y Ji~ _ney / Vice President & General Manager L / ( // ,./ cc: CarMax, 2000 High Ridge Road, Boynton Beach, FL 33426 The Ice Cream Club Inc., 1580 High Ridge Road, Boynton Beach, FL 33426 Publix Super Markets, Inc. Distribution Center, 5500 Park Ridge Road, Boynton Beach, FL 33426 Safety Kleen Systems, 5610 Alpha Drive, Boynton Beach, FL 33426-8329 Southeast-Atlantic Corp., 4895 Park Ridge Blvd., Boynton Beach, FL 33426 Duncan Black, Trammel Crow Company, 1515 South Federal Highway, Suite 113, Boca Raton, FL 33432