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
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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
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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
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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
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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
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Sue Kruse, C/AAE
City Clerk
C Planning
Finance
"An Equal Opportumty/Alf,rmatlVe Action/ADA Employer"
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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
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CITY O~ BOYNTO B~CH, FLORlDA
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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 ~
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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
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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
...
..,
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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.
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CONSULTANT AGREEMENT
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McMahon Associates, Inc.
By'
(CONSULT ANTS)
Title:
CITY OF BOYNTON BEACH
By'
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Title:
AfIl-ilQVED AS 1'0 fQRal '
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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
.....
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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
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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
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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
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,2000
ATTEST
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CITY Of BOYNTO B~CH, FLORIDA
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Mayor
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'Vice Mayor
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Mayor Pro Tern
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Page 6 of 6
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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 ________
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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;"
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II CurL{ D~H\fct tI {)rl~Yl'D'Y14 ;' ND DO -- 002/ f?h~a{. t&ut-f>U: _
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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
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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
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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
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NO. PAGES INCL. COVER:4- TELECOPYNO
INSTRUCTIONS!
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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
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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
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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'
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.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$.
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Apr-Z7-00 113:u,.a Fr.-tOlElt "'...~IS SOEEt ilEl--..f.!D
i-208 l' 05/1>. Fo-tOS
!iG1S-4Zl 104
Lots 76. 81 and 82:
Tl~ lob ere currently dC31gnated itS Officellndustrral (01). The previous
Office/lndustriaUCommercial (OIC) Land Use Designation was amended by Notice of
ProPQM Change No. 9 and the revised Masler Plan submitted in support of that
cJtal1ge It is propQSed ~o ~ the designation to OKrcelJndustriaVCommercial
{Ole}
lots 83. 84 85 86. tr7 and 88
The lAnd l,;se of these lots was prev:ously dftsignated as Offlce/!ndU$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
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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$SlOO.
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PACE
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50184241 Q.4
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l"dT-DO U]:44Jll&t ~rllll-(tlfft NOlItl$ 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....
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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
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TELECOPIER TRANSMISSION REj}CjpS1..'
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PROM: DA VID B. NORRIS. ES{}..
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TELEL,,()PYNO.~2f) - &~s-.f
DATE.
FILE NO
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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
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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
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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 $ajd publk: nearing 0)' Quant~m, the City staff
and the public, end the City Planning and Oevelopment Board's recommendations of the
22r1d of Februaf(, 2000; and
WHEREAS, said City Comm.!sslon has considered all of the forgOll1g.
NOW THEREFORE. BE IT ORDAiNED eY THe CITY COMMISSION OF THE
elTY OF BOYNTON BEACH, FLOs:tIDA, THAT
Section j Ii.. notice of public neanng was duly published on the 26th day ot
,
February 2000. in the palm 8eactl POSt a newspaper 0{ general Clrcu'ation in Boynton
Beach. Florida, pursuar.t to Chapter 38006, Flor:da Statl.ltes. and proof Of said
,
publication has been auI)' fr~d.
..
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APR-28-00 12 00 FROM
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if;ction 2. The Development Order. shall be amende\1 to inClude the fOllowing proVisions.
LotS 3 and 6:
The lot 3 and Lot 6 Land Use,Designati()ll$ 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$tfial (Or). The previous
Officellndustrial/CommeTCiM (Ole) l~nd Usa DesitmatJon was amended by Notice of
Proposed Cnange No. 9 and the rfMsed Master Plan submitted in suppo'1 of that
change it \S p':oposed to change t.~ "esignation to Office/lndl.lsbiatiCommerl,..laI (Ole).
,Lots 113. 84. 65. 86. 87 and 8&.
,,---....-.1,-
PP.GE 12"15
AFR-28-00 .2 01 FROM
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The Land Use of these lots was previously designated as Office/Industrial (01) or
Attraction and RecreatIOn (AR) Land Use. The Land Use nas been reviSed to PMixed
Use (MU)" The proposed Mixed Use land Use Designation rnclude& gffice. commercia.!
and residential uses.
bOO NEW SECTION 3 - see last page
Section S4 The Development Order 'shall also be amendeC1 to include the
nt, 5, 7, 8, 11 and 18
Conditions of Approval.1 attached and in<:arporated herein as EXhibit _ "C41
Sec;t~ .!5 Upon consIQera1ion 01 an matters described in ~ 380.06,
Florida Statutes ('996). it is hereby de1erminecf that
A.. 1'he atT}8lldments proposed by Quanfum do not unreasonably
)nterfere wi~ the achievemeot of the objectives of U. adopted S1ate
I~ development plan applicable to this area.
B. The amendments proposed by Quantum are consistent with the
local comprehensiVe plan and are, or will be. consiStent With the local
land de~"ent regulations, suble~ to the conditions outlined
,
abOve.
C The ame"dments propo$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.
...
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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
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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
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Tl'ie informatior1 contained in this facslmilg mQ$sage a!'\Cl the pages foll('iN,ng are attorney \:ltiv,lesed a~d conficential
information intended only fOf the use of the !'1dividual of entity named abova. :f lhe reader of ttlis message is not the intended
r~cipienl, yov are nereby notified that any diss4!:71inaticn distl ibutior: or cop') cf this com:nl.:nica.ion ,s strictly prOhibited, If
you have received this communication In error pleasemrn"diately notify us by telephone and return me original message tQ
us ;at the 3:l0Ve address via the U S. Postal Service. Thank YOIJ
If any p:-oolems OC<Nr in receiving this message please call this office at (954) 77 -4500 Thank you
APR-26-00 1~ 27 FROM
ID
PAGE
2/3
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April 19. 2000
Jamfi A. Cheroff, City Attorney
The City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
RE. Quantum Village Pa~ Ordinance
Via Facsimile;
(561) 742-6054 and
(954) 711--4923
Dear Jim.
I write you concerning the form of the OrdinanCE' relative to the Master Plan
Amendment and Notice of Proposed Change for tile above referenced project. The
Ordinance number in question was Ordinance #0-00-02 In re'./Jewmg the form of the
Ordinance ( find a few problems still remaining 0$ 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:
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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
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RESPONSIVE
TRANSPORTATION
SOLUTIONS
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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.
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Invoice
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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
~
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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~
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CONSULTANT AGREEMENT
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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
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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 ../
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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
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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.
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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.
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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
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TO:
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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.
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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.
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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
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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
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fa) rn @ r;
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.Ii
! \'
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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 (..
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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
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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~
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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
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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
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L(~ttt'r Schmidl OO-()(, 'l-'l-()()
03 03 00
12 45 FAX 1 561 364 0990
MCMAHO~ ASSOC
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RESPONSIVE.
TRANSPORTATION
SOLUTIONS
FacsimIle Cover
Date: ._~ _
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Fax Operator:
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Phone:
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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.
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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
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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
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~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/
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!_ 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; ~~.
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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
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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.
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Project:
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Commeuts:
FEB-25-2000 16 01
TCRPC
II treOlurc- ~
coQ(t I
reglona
plannlog
council
5612214067 P 02
February 24, 2000
'"
~;
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)'.:
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
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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!
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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;(
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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.:
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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
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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
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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
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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:
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PINDER TROU"T"M~
PAGE 01
PI"DER TROaTHfI" CoNSGLnftCi, I ftC.
TrlllIpuIWIon AII"leIS'" Enfneen
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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
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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
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!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.
Cc: Eugene Gerlica
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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:
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Je- 26fC'A chcl- /lA~o
Planning and Zoning Division
City of Boynton Beach
Boynton Beach. Florida 33425
742-6260
Fax: 742-6259
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~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
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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
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..~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
,~
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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
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I Ulwi FEB I 7 iuuU
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!
GANO
. ,DEPT.
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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
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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
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Quantum Limited Partners
1401 Forum Way, Suite 101
West Palm Beach, FL 33401
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RE:
QUANTUM PARK DEVELOPMENT CHANGES
JAN 21
......
Gtl"'{
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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.
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-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