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CORRESPONDENCE DEPARTMENT OF DEVELOPMENT DIvision of Planning and Zoning Building Planning &: Zoning Engineering Occupational License Community Redevelopment November 5, 1999 BGI Industries, Inc. C/O Ms. Susan Delegal Holland & KnIght One E. Broward Boulevard, SUIte 1300 Ft. Lauderdale, Florida 33301 Re: Quantum Park Lots #32 through #38, (BGI Lots) "Office" Use Option Dear Ms. Delegal. As requested, I am provIdmg you with a statement of our posItion as it relates to the above-referenced lots. Although I am sure you would have preferred a summary of this information, I was able to prepare thIS letter more qUIckly usmg this text that had been prevIously prepared for a sImilar purpose. However, please note that I have provided you with the significant facts m bold text. Amendment #7 Ordmance No 96-65, representing the seventh amendment to the DR!, adds both the "IndustrIal" and "Research and Development" (R&D) use options to lots #32 through #38. At the time of the amendment, those lots already included "Office" use. At the time when Amendment #8 was filed, the use options for lots #32 through #38 included "Office" Amendment #8 The staff report (Memo No 97-213) for Amendment #8 listed all requested lot use modIficatIOns mcluding the deletion of the "Office" use from lots #32 through #38. The same report contamed a staff recommendation that the "Office" use should be retained on lots #32 through #38. The minutes of both the May 13, 1997 Plannmg and Development Board Meetmg, and May 20, 1997 City CommIssion meeting, and the mItIal draft of Ordinance No 97-20 all confIrm that the request mcluded the deletion of the "Office" use option on lots #32 through #38 Amendment #8 originally included the request to omit "Office" from the list of use options for lots # 32 through #38, and the staff opposed this modification. The turning point in thIS process occurred between first reading and second reading of Ordinance No. 97- 20, when a decision was made by the applIcant to accept certain staff recommendations including retaining the "Office" use option on the subject lots. ThIS deciSIOn IS supported by a document prepared by the applicant consenting to changes to the application, handwritten revisions to the original draft Ordmance No 97-20, the final Ordmance No 97-20, and correspondence from the applicant accepting the reVISIons made to, and the fmal verSIOn of Ordinance No 97-20 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 Ordinance No. 97-20 was amended between first and final readings to revise, in part, the amendment to omit the revision to lots # 32 through #38, therefore leaving them with the "Office" and "Industrial" use options. "Industrial" use is now a broader designation and includes "Research and Development" as indicated in the NOpe, filed on March 17'1997 Amendment #9 NeIther the NOPC, staff report, nor Ordmance No. 99-005 proposed, described or affected lots #32 through #38. The master plan submItted with the application for Amendment #9 was in error by showing only the "Industrial" use optIOn on lots #32 through #38 Your client error in this regard cannot take the place of the formal amendment process. The facts stated herem provIde clear evidence that the "Office" use option was not omitted from the subject lots by Amendment #8 to the Quantum Park DR!, despite what may be represented by data tables whIch may not be consIstently mamtamed. The master plan, WIthout a proper NOPC application, legal notice, and ordinance, was changed to show lots #32 through #38 without the "Office" use optIOn. Therefore, without the legal steps taken to offiCIally amend the master plan, the use options currently available on lots #32 through #38 remam "Office" and "Industrial" The city is therefore obligated to reVIse the current master plan to reflect ItS offiCIal status, and represent It accordingly to those who inqUIre. Please do not heSItate to contact me if you have any further questIons or need further clarification. Smcerely, /tcLJ_C/ Michael W Rumpf DIrector of Plannmg and Zonmg MWR/nl 1:\SHRDATAIPlanning\SHARED\WP\PROIECTSIBGI Amendment! 2.doc ~ 111\ {'f,,1l1 ~tw'~~1 If ( ,I , I ~fI@fInJ AN ORDINANCE OF THE CITY COMMISSION OF H CITY OF BOYNTON BEACH, FLORIDA, PROVI IN FOR A DETERMINATION THAT CHANGES TO E ~~t1~WgfAND COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT- PI_ APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCE NOS. 86-11, 86-37, 88-3, 94-10, 94-51 AND 96-33, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380 06, FLORIDA STATUTES, 1996, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86- 11, 86-37, 88-3, 94-10, 94-51 AND 96-33) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ORDINANCE NO. 096-~~ .1 I I II 'I :1 I I WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "C1ty") 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 Exhl.bit "All, attached hereto and made a part hereof; and WHEREAS, the ADA was approved and the Development Order for I the Property was granted December 18, 1984 and pursuant to Ord1nance No 84-51 (the "Development Order"): and WHEREAS, Riteco subsequently conveyed its right, titles and I 1nterest in and to the Property to Boynton Park of Commerce, \ Inc , a Florida corporation ("Boynton Park II ), and, Boynton Park, I in turn, subsequently conveyed its right, title and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"): and WHBREAS, Developer filed with the City respective applications to amend the Development Order, which applications were approved by the City in Ordinance No 86-11, Ordinance No 86-37, Ordinance No 88-3, Ordinance No 94-10, Ordinance No i I i :1 i CODING Words in from existing law; additions ;:)L4U.,-k Llu..vu.':::fli. type are deletion Words in underscored type are Page 1 of 4 --------------~----- .1' 94-51 and Ordinance No 96-33; and 11 WHEREAS, the term "Development Order" includes all Iii amendments thereto; and WHEREAS, Quantum Associates, a Florida general partnership II ("Developer") 1S the current owner and developer of the I, remaining vacant land within the project commonly known as I Quantum Corporate Park at Boynton Beach Development of Regional Impact (sometimes hereinafter called the "Quantum Park DRI"); and WHEREAS, Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC") requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan to include industrial and research and development, together with office use, as a permitted land use for Lots 32, 33, 34A, 34B, 35, 36, 37, and 38 within Quantum Park and to change lots 80, 81 an d82 from office use to industrial/commercial use (see Exhibit B - Master Plan Amendment No 7 to the Master Site Development Plan for Quantum Park, dated December 6, 1996; and WHEREAS, the City Commission 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, said City Commission has considered the testimony, I reports and other documentary evidence submitted by Developer, Ii the City staff and the public, and the City Planning and I Development Boards' recommendation of the 10th day of December, I 1996; and WHEREAS, said City Commission has considered all of the foregoing NOW, THEREFORE, BB IT ORDAINBD BY THB CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CODING Words in from existing law; additions ;:)L.l..I.l.\.k Lll.1..Ul.l.gh type are deletion Words in underscored type are Page 2 of 4 ! Ii I " " ,I --------- ji , !i Section 1. A notice of public hearing was duly published on the 6th day of December, 1996, in the Palm Beach Post, a newspaper of general circulation in Boynton Beach, II Florida, pursuant to Florida Statutes, and proof of said I I publication has been duly filed Section 2. The Development Order shall be amended to include the following provisions 1 Master Plan Amendment No 7 Development Plan for Quantum Park, dated hereby approved Section 3. 1n Section 380 06, to the Master Site December 6, 1996, is Upon consideration of all matters described Florida Statutes (1996), it is hereby I determined that A The amendments proposed by Developer do not unreasonably 1nterfere with the achievement of objectives of the adopted state land development applicable to this area B The amendments proposed by Developer are consistent with the local comprehensive plan and local land development regulations C The amendments proposed by Developer do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380 06, Florida Statutes (1996) II Section 4 The City Commission has concluded as a ,I matter of law that these proceedings have been duly conducted I pursuant to the provisions of Chapter Florida Statutes (1996), that Developer is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating I the amendments set forth in Section 2 above II" Section 5 Except as otherwise amended herein, the I Development Order shall remain in full force and effect I II confl ~:~t ~::e:~ th be A~~d ot:~n::eeSar:r h:::;; r::e:~:~nances in " II \ the plan I Ii ,I ., CODING Words in from existing law; additions i:)L.L.I.I.""k Lh.L.()1.I.':411 type are deletion Words in underscored type are Page 3 of 4 Section 7. 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, q such decision shall not affect the remainder of this ordinance I 'I II Section 8. Authority 1S hereby granted to codify said ordinance Section 9. This ordinance shall become effective immediately upon passage FIRST READING this ~ day of -;j)ceeH?~~ 1996 n,. _ _. SEAC_OND, PINAL I ~, 1996 READING AND PASSAGB thi s DtIJ. day of CITY OF " I , Mayor ATTEST ~:1~~~/ cily Clerk (CORPORATE SEAL) EXHIBITS "A" - Legal Description "B" - Amended Master Site Development Plan IJ , I ,i ;1 " " CODING Words in from existing law; additions ~LL l,.u..h, Llu..vl.l'::fll type are deletion Words in underscored type are I, i! " .. II d ;I Page 4 of 4 EXHIBIT II [} Yb J J )} - - OVBRALL BOUNDARY LEGAL DBSCRIPTIO~ 7f'Of? ~c, ~ /;2-/7-$ A Tract of land lY1n9 partially in ..ction. 1', 17, 30 .nd al. Town.hip 41 .outh, Ran,e 43 8..t, 'al. Beaeh County, rlorida, aaid Traat betnv aore particularll d..a~jb.d .. 10110w.. co...nGin. .. ~h. 8ouehwe.e Gorn.r 0 .aid ..ctton 171 thance North 1....39" I..t, .long the ....t line of 'actton 17,8 diatanoe 01 1311.10 te.t to . point in the inter.ectton with tha aente~11n. oe H.", 22nd Avanue, .. ~.ao~ded in O.R. aook 1138, P8;e 1"', of the public Recorda 01 ,.1. '.ach County, rlorida; thence with a be.rtn; of North 8'.0.'32" laat, along the centerline of N.M. 22nd Avenue, a dietance of 118.31 feet to the Point of Beginning, thence North 10."39" laat, a dietance of 1241.06 feet to the South rlqht of Nay line of L.W.D.o. Lateral 21; thence North 89008'49" Bast along the South right of way line L.W.D.D. Lateral 21, aa recorded in O.R. Book 1132, Page 612, of the public Recorda of Palm Beach County, Florida, a distance of 63'.93 f.et to the centerline of the L W.D 0 EqualiZing canal B-4, .a recorded in O.R. Book 1132, P89. 612, of the public Recorda of Palm Beach Countv, Florida; thence along the centerline of the above described 1-4 Canal with a curve to the ri9ht havln9 a chord be.rlo9 oe Horth 10032'~2" Baat, a radius of 750.00 feet, a central .n91e of tOOt'17". and an arc len9th of 53.29 feet, the nee continue along the centerline of the 1-4 canal, with a bearlng of North 12035'00" East, a distance of 320.69 feet to a point of curve, thence ~ith a curve to the left having a radius of 6500.00, a central angle of 3028'30", and an are length of 39'.23 feet; thence Horth 9006' 30" Baat, a diltance of 1919.16 feet to a point on thi! lIorth Line of Section 11; thence with a bearing of Horth 89016'39" Bait, along the Horth 11ne of Sectlon 11, a distance of 1964.50 feet, thence south 0002'11" Baet, a distance of 2625.18 feet, thence Harth 89008"9" Baat, a distance of 368 96 'feet to a point on the North right of way line of N W 22nd Avenue .e recorded in O.H. Book 1138, 'sV. 1686 of the public .Recorda of 'sl. Beach county, Florida, thence South 19021'31" ,Bast. a dietance of 50 00 feet to the centerline of H.H. 22nd Avenue, tbane. "'lith a curve to the right having. chard bearing of North 75029"9" Ba.t, a radiu8 of 1631.02 feet, a central angl. of 9.'3'58", and an arc length of 282.85 feet to a point, thence north 12002'41" Bast, ~ diatance of 915.72 feet; thence tlorth 0031' 11" laat, a dietance of 399.10 feet; thence tlorth 89012'31" Bast, a distance of '13.21 fe.t,then South 88022'56" EaBt, a dletance of 13'9.10 feet to a point on the WeBt right of way line of the Seaboard Coastline Railroad: thence South 0028'21" Ba.t, along the West right of way line of the Railroad, a distance of 1309.09 feet to a point on the centerline of " W 22nd Avenue, thence North 88.21'31" We.t, along the cent.rline of N. W 22nd Avenue a dietance oe .72." feet, thance South 0033'53" Baet, a distance of 1301..' I.et, thence South 88045'31" Baat, a diatance of 333.51 f..t to . point on the Welt right oe "'.Y of tha se.board co..tlln. Railroad, thence with I bearinv of Soucb 1.00S'23" W.et. alobg the H.lt rivht of way of the railroad, a dietanca ot 1312.t' I,.t, theae. South 00J3'53" East, a diatance of 21.19 feet, thlnee louth 13015'22" W.lt, . dietanca ot 120.11 ee.t, thence north ".50'0'. Wa.t, . dietance of 181.60 ee.t, thence with a b..ring North 0049'21" West, a diatf.nee of 200.00 feet, thence North 88050'ot" West, a distance of 218 00 feet; thence South 0049'21" Sa.t, a distance of 200 00 feet; thence North 88050'04" West, a distance of 40 00 feet; thence south 0049'21" Sast, . di.~ance of 556.8. feet; thence North 88050'0." W..t, a distance of 3611.26 f.et to a point on the centerline of the above describad center! tne of the E-4 c~nal; thanc& with a baaring of North 5.1.'14" W..t, a dl.tance ot 153.13 feet, thence with a curve to the right having a radius of 450.00 f.et, a central angle of 15036"'", and an arc length -- --------_._-~ ---.- -- IlLEGAL D~qCRIPTIOH (Continued, I!of 122.12 .feet, thence North 10018'30" S..t, e di.tence ( ,988.60 f.i\ to a point of curve, thence with a curv. to the 1. IIhevin9 a radiu. of,tIO.OO fe.t, . G.nt~al angle of 1'.20'06 and an ara length of It'." f.et, thenc. with a b..ring of Nort ,'8001-130" We.c, a di8tanca of 1255.1t feet to . point on thl Ilcenterline of N.W. 22nd Avenue, thence with. bearing of soutl ;.89004' 32" We.t, along the centerline of H.W. 22nd Avenue I Idi.tance of 817.15 fe.t .or. O~ 1... to thl Point o! ..g1nning Containing 5'1.55 acr.. .or. or 1... and .ubj.ct to ......nt. and right. of Nay of record. Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P C D Centel. containing 13 17 acres, as recorded in Plat Book 60 Pages 106 and 107. of tHe Public Records of Palm Beach County, Florida I, , . ~iI.~.__~.4lI_.u........-u. l..l.:~~- EAHIBIT "B-' ...., IT '--1 ~(~ , -. -- =-1' t. r " l.J ') I \ ~, -p;:, ~ ? \ '.l;1 '1"'/'L) I . 1:6' I IJ~ I r' ,\"J" :r~ - I ' 0 \ II ~ :il~.~. ~... I; I I_' )jl' I '. .~...::/ ., __" It. ~1 ~ :;:c:. _. __ _ '- :.. .... ,-".J -"'-'--~ L..I I I !1?~_4 - -;~~YJ 11:::l1Ir,l~~ 5{'iJ\J1/.1r I! __ ' ,., ..:, I" . - :.::. I I :-':J": I' : ~ ;"1 t'd , \:_f ~ !:i:- ~ , l ':'f I L - ~.., 1 -~--I ~~....., I I , , .... ,.,~,...., j i ~ I " -=:- , \_-- il ! ! I .. ~ .. -- -- .. .. t' I -iiT ~~ ~:;:e' ..~.. _1--..\ ~ ..- ... "':n" oezl!":' .~~~~::=-_.~=~~~JIJ=== ~~ _ -:or "":r.:'. .. -:r:- - , =:-::'.:.-=-~\~~,. I =:.::.=:,~_..-:,~~ ,..n.'~ _ __. J.&' I.a::-.... n::' .... - ~~r=......i · c.. ...- "UIlV\'_ .......... .... "'cc . .......... Ie .. .... "... .,.. .. ... _ . .. . n ..... ."........ ... ,....~. I Nt. ",.1 .... ... ... ........ ~ ..- ntH ... . ~~=~.g..=-.=.:';.:_............ DEVELOPMENT PLAl' UASTER PLAN "UENOIol[NT NO. 7 DECOAS[A e. '996 MASTER - SITE 'br~ ~ ,__I -= LEGEND KEY PLAN Dirt.. ollico/e-m..,1aI Ollie' Ie., Oln..,/It.,oI/Comm...1aI OUiCe,/tiot. OIl".fIn....',...'" " 0 Ofll../R.O "'du.".../C-...... ....du.'rIDl R"D UD/GtI co...IUTt......"".t........... .,..\10'\4_ Sort" PlIW A........ Roode '1 11 A".. I '5' A'... Z 11 A".. ,).I! Acr.. "_5' ..,.,.. .l11 '-4:,Ct.. . 0' AC'" 40 41 &CI" tllI.)'lI A"U 32''' .".. 2 40 A"" ). SIlO ",... . 00 Ae..' 40 OQ Ael e. .. U Act., QUANTUM ASSOCIA H Natlone' Clly Center , '5 West Washlnglu1 IndIanapolis. IN 4621 (317) 636-1600 e 01"" sPAC' ~ 90 6' A.... PO.1I1 L..e. 0.'.1\"01\ QUANTUM PARK w ~')) t) ",r., ---- ------- --------------- ----.--.-" 1D'Al 'r .yt.oJ. '(\ II!- ~\ ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA tr" - /...... ';'.' .:;- 9{--1~ I~/ ~ ~ t::;d-i B/b 4li!-~#i / ----- ll" APPLICANT Quantum AssocIates APPLICANT'S AGENT James G. Willard, ESQ. HEARING BEFORE CITY COMMISSION May 20. 1997 ~-' TYPE OF RELIEF SOUGHT Request for Master Plan Amendment - Maior Plan Modification LOCATION OF PROPERTY the West side of 1-95 between Miner Road extended and the Boynton (C-16) Canal DRAWING(S) SEE EXHIBIT "A" ATTACHED HERETO TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florrda on the date of hearing stated above The City Commission haVIng considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows' 1 Application for the relief sought was made by the Applicant In a manner consistent WIth the requirements of the City's Land Development Regulations 2 The Applicant // HAS HAS NOT established by substantial competent evidence a baSIS for the relief requested 3 The Applicant's application for relief is hereby ...!.. GRANTED subject to the conditions marked as "include" in Exhibit F' hereto DENIED 4 This Order shall take effect immediately upon issuance by the City Clerk. 5 All further development on the property shall be made in accordance with the terms and conditions of this order 6 Other" i j Z ". .f ;. !O,l (~ . Ci;~ At~~Y ^ ) t Iv / / iY'" I -<:<e. / /L _ / I : ~ .t. /;I<{ /(-'--' c.,{ , DATED Mav 20, 1997 ." L__ j/ ~-kW~' Crt Clerk \ Ili III/JIIII ., N III ~\'-' 8r- /~ .~ " A'1 'l. 'a p-A7"_T(1 ~ -2 ~ ~o t::o -'5- ~ ?l.l. 8' ~ =QU :: ::::z \). = -... .- :;:.,.. X::: - g.- ~Y"" ..;: ~ ~"'\. ~ ... ~ ~ ~",," .'^~ ~ """-..... d'V :::::- ~ o~ ~ ~/II. F\.. '!.,\\,,, ~/"/f111l\\\\\\\\ s wo\Oeot.s.\PI~nrung\aua"tum Panr. Oev Order -- ------------------------ ~~-- . .:>CAT\ON t::.P QUANTUM CORPORATE PARK '~~(' :....~ ~t\ . . I I' ~~~~ ,~~~7 ~511~~~ ~~'I ~0-.. '. '\ L-'- h~ ~r-a:H ~ ~;. . ,,'T:- .(/;;'tfI.3' \~ ,'" ". ..), \\" 1_ \.)~ ""ii AI- R ::::RJ~I i .. _. 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".,! ....'"",.,,, ..".".,.,.fi,~)\j. ~,'i", '''~'.''''_:'; ~i:. ~l" '-:; If l J , ::Jr!,1- ~ Ai ;i)~t:;';l.(#:;:;~';:;~:i,;;;~i;iii; lih; ~ '-^- ^~~:;.: ...."~:t;'4:" _ " : . .,\ T == ~&Jim':;;ili !\,~,.~:Hi,r12.;('~,~i ~::,/;,~"".:'\"!~;..1~~4 . ~ ~~~.l~f ..!i:~~j~{~!t;fi\~~it:;;;,~~iiJt:;~:;.."" ..""_..,;;'/i:"ifE;,,,,:;f~~:,g"il"~{:'~:_:'0i \ n . fj Wl .. .' L-l~ ..,..,....""" .' '- - \~ U ' .,," " \. ~~:,'i;:.:";(;fG:f;~'i ~:'~;}Q~~~2~1!~1.~~~!;' t <. .:::. ._ ;.'. : . ':" .:.:"." i:U' :,:a Iilla;........ .1. -.::-. ~:::":ft.:'I.tii.:ft&liJ. ,'-'. :.,.:':,::..::::......::.riil/~ I _ -PtG- \. ,i"i: \c:',.'" . .'.: .".. .-....,. ""'~~\;,;,~rr?....,}1 i;('iiiffjNJ1~i tlilj~\1." I I ..MOTOROL:r.'F...~~ii:.. .'''' ,- . iwgei{\~ifJif1~! Ii li~i~~~~-" ,,;JrJrirltt":,t~g~M I ORDINANCE NO 097- 20 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA, PROVIDING FOR A DETERMINATION THAT 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 AND 96-65 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006 FLORIDA STATUTES, 1996, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51 86-11, 86-37 88-3,94-10 94- 51 96-33 AND 96-65) 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 Page 1 of6 WHEREAS, Developer filed with the City respective applications to amend the Development Order which applications were approved by the City in Ordinance No 86- 11 Ordinance No 86-37 Ordinance No 88-3 Ordinance No 94-10 Ordinance No 94- 51 Ordinance No 96-33 and Ordinance No 96-65 and WHEREAS the term Development Order Includes all amendments thereto and WHEREAS Developer is the current owner and developer of the remaining vacant land within the Property (commonly known as the Quantum Corporate Park at Boynton Beach Development of Regional Impact, or the Quantum Park DRI) and WHEREAS Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC") requesting a further amendment to the Development Order for the purpose of revisrng the Master Site Development Plan as follows Change in the master plan designation of lots 6 7 8 9 10 11 2. 15 16 17 18 19 21 39 40A. 52 83 84 and 85 from office to office/industrial use change in the master plan designation of lot 1 from office/hotel use to office/industrial/commercial use change in the master plan designation of lots 12 13 and 14 from office/research and development to office/industrial use change In the master plan designation of lots 76 81 and 82 from industrial/commercial to office/industrial/ commercial use, change in the master plan designation of Jot 40 from office/government and institutional to government and institutional use change in the master plan designation of lots 58 59 60, 61 and 62 from industrial/research and development to office/industrial use change in the master plan designation of lots 86 87 88 89A, 89B and 908 from research and development to office/industrial use change in the master plan designation of lots 65A, 65B 678 and 91 from office/hotel/commercial to office/industrial/commercial use, change in the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use Page 2 of 6 change in the master plan designation of lot 90A from research and development to government and institutional use change in the master plan designation of lots 68A and 68B from research and development to office/industrial use change in the master plan designation of lots 46A, 48A, 48B 48C 50A, 508 518 510 56 57 69, 70 72 73A, 73B 74 and 75 from industrial to office/industrial use, change in the master plan designation of lots 77 78 79 and 80 from industrial/commercial to commercial use and change in the master plan designation of lots 66 67 A and 67C from office/hotel use to office/hotel/industrial use (see Exhibit "B" - Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park, dated May 20 1997) and WHEREAS the City Commission of Boynton Beach as the governing body having jurisdiction is authorized and empowered to consider applications for amendments to development orders approving developments of regional Impact pursuant to Chapter 38006 Florida Statutes (1996) and WHEREAS said City Commission has considered the testimony reports and other documentary evidence submitted at said public hearing by Developer the CIty staff and the public, and the City Planning and Development Board's recommendations of the 13th day of May, 1997 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 5th day of May 1997 in the Palm Beach Post, a newspaper of general circulation in Boynton Beach Florida pursuant to Chapter 380 06 Florida Statutes and proof of said publication has been duly filed. Page 3 of 6 ..... Section 2. The Development Order shall be amended to include the following provisions. 1 Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park. dated May 20 1997 is hereby approved subject to the following conditions a) A traffic study shall be submitted with any future application requesting a change in the use designation of any lot. The City shall hire at the applicant's expense, an Independent traffic consultant to review the traffic study b) Any upgrades required to the water and sewer systems within the PIO due to the intensification of land use proposed with this application must be performed at the applicant's expense Section 3 Upon consideration of all matters described in Section 380 06 Florida Statutes (1996) It is hereby determined that A. The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. S The amendments proposed by Developer are consistent with the local comprehensive plan and local land development regulations subject to the conditions outlined above C The amendments proposed by Developer 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 Developer do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 38006 Florida Statutes (1996) Section 4 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 Developer 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 5 Except as otherwise amended herein the Development Order shall remain in full force and effect. Section 6 All ordinances or parts of ordinances in conflict herewith are hereby repealed Section 7 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 8 Authority is hereby granted to codify said ordinance Section 9 This ordinance shall become effective immediately upon passage FIRST READING this df<!; day of ~v ,1997 Page 5of6 SECOND READING and FINAL PASSAGE this ~ day of - vaA/e .1997 CITY OF BOYNTON BEACH FLORIDA ( --. / / / / --....., , ",' ~-~---- MAYOR I I ,/ / ./ ~~~~ VIce MAYOR ,/ , , \'.... / -; COMM StONER A:L ATTEST \\" .--=-- ,{--- COMMISSIONER '" c.~ ~~-J~~~~~ CI CLERK ~"\\,,m""1111 (C~~'-~~ ~ 0 ..o.~oJ:tq:;:.. (to ~ .:: ....., ~..., ~ :: .).. :~ 0 (")::. =.... i i % = ::-~ : = au 1 : ~ 1920.... ~ ~ ...;: ~ .......... ~ ~Jj J:'LOR\O '!oo.#' '11'""" ""\\\\\ \ ,,~ EXHIBITS "A" - Legal Description "S" - Amended Master Site Development Plan S \Planning\SHARED\WP\PROJECTS\QUANTUM\ORDINANC\ORI 1997doc.doc Page 6 of 6 ( I /L1 ~ {;t 0 hww4 .:/.t 1 II , ' I ORDINANCE NO~9-~5 " I' , I I' II , , i: AN ORDINANCE OF THE CITY OF BOYNTON BEACH , FLORIDA, PROVIDING FOR A DETERMINATION THAT 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 AND 97-20 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006, FLORIDA STATUTES 1996 DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51,86-11, 86-37, 88-3, 94-10 94- 51, 96-33, 96-65 AND 97-20) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE i' I i filed with the City of Boynton Beach (the "City") an Application for Development Approval ! I of Comprehensive Development of Regional Impact (the "ADA") on May 21 1984 ,I regarding that certain property (the "Property") described in Exhibit "A", attached hereto I , WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco") and made a part of hereof; and WHEREAS, the ADA was approved and the Development Order for the Property II 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, Developer filed with the City respective applications to amend the ! I I Development Order, which applications were approved by the City in Ordinance No 86- I: ,; II I! I Page 1 of 6 Ii II 11, Ordinance No 86-37, Ordinance No 88-3, Ordinance No 94-10, Ordinance No 94- ! I I i! 51, Ordinance No 96-33, Ordinance No 96-65 and Ordinance No 97-20; and I ! j WHEREAS, the term "Development Order" includes all amendments thereto, and WHEREAS, Developer is the current owner and developer of the remaining vacant land within the Property (commonly known as the Quantum Corporate Park at Boynton Beach Development of Regional Impact, or the Quantum Park DRI), and WHEREAS, Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NO PC") requesting a further amendment to the Development Order for the purpose of revising the Master I i Site Development Plan as follows. Lot 2: The use designation has been changed from "office/industrial" to "office/industrial/hotel" to accommodate the development of additional rooms adjacent the existing Hampton Inn The additional rooms are planned to be within the current allowable thresholds and development order conditions, Lots 66 67 -A and 67 -C The use designation is changed from "office/industrial/hotel" to "office/industrial/commercial" This use designation change is proposed to accommodate a complementary commercial development adjacent the proposed multi- screen stadium seating movie theater complex upon Lots 83 through 88, inclusive, Lots 76, 81 and 82: The use designation has been changed from "office/industrial/commercial" to "office/industrial" This change reduces the acreage designated for commercial uses These properties were purchased with deed restrictions prohibiting commercial developments. The "office/industrial" developments upon these lots will be in accordance with the current thresholds for gross floor areas for these uses Lots 83, 84, 85, 86, 87 and 88 The use designation "Attrraction and Recreation" (AR) has been added to the current designation of "office/industrial" for these lots These lots total 22.50 acres The use designation is added to allow for a II II I. Ii II II , I Page 2 of 6 I: II multi-screen, stadium seating movie theater complex. The proposed change is " I requested without an increase in the total vested trip generation of 63,752 trips. The commutative changes in the use designations have reduced the land area available for commercial development from 33 24 acres to 31.24 acres, the "office/industrial/hotel" use designation has been reduced from 8 01 acres to 3 78 acres and the "office/industrial" use designation has been reduced from 150 73 acres to 134 28 No change to the DRI is proposed other than as set forth herein Because of the multiple I land use designations on many of the lots within the DRI project, the applicants submits i that completion of the Substantial Deviation Determination Chart would not be i' 'I productive I ! WHEREAS, the City Commission of Boynton Beach, as the governing body I having jurisdiction, is authorized and empowered to consider applications for I I I I i , I I! I I I amendments to development orders approving developments of regional impact pursuant to Chapter 380 06, Florida Statutes (1996), and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Developer, the City staff and the public, and the City Planning and Development Board's recommendations of the 23rd of February, 1999; 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 18th day of January, 1999, 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. Page 3 of 6 i I I II, provisions. Section 2. The Development Order shall be amended to include the following Lot 2: The use designation has been changed from "office/industrial" to ! i "office/industrial/hotel" to accommodate the development of additional rooms adjacent the existing Hampton Inn The additional rooms are planned to be within the current allowable thresholds and development order conditions; Lots 66, 67-A and 67-C The use designation is changed from "office/industrial/hotel" to "office/industrial/commercial" i This use designation change is proposed to accommodate a complementary commercial development adjacent the proposed multi-screen stadium seating movie theater complex upon Lots 83 through 88, inclusive, Lots 76, 81 and 82: The use designation has been changed from "office/industrial/commercial" to "office/industrial" This change reduces the acreage designated for commercial uses. These properties were purchased with deed restrictions prohibiting commercial developments The "office/industrial" developments upon these lots will be in accordance with the current thresholds for gross floor areas for these uses. Lots 83,84,85, 86, 87 and 88. The use designation "Attraction and Recreation" (AR) has been added to the current designation of "office/industrial" for these lots. These lots total 22.50 acres. The use designation is added to allow for a proposed multi-screen, stadium seating movie theater complex. Twenty (20) screens are proposed The proposed change is requested without an increase in the total vested trip generation of 63,752 trips. The comulative changes in the use designations have reduced the land area available for commercial development from 33.24 acres to 31 24 acres, the "office/industrial/hotel" use designation has been reduced from 8.01 acres to 3.78 acres and the "office/industrial" use designation has been reduced from 150 73 acres to 134 28. No change to the DRI is proposed other than as set forth herein. Because of the multiple land use designations on many of the Page 4 of 6 II lots within the DRI project, the applicants submits that completion of the Substantial , I, i Deviation Determination Chart would not be productive. Section 3 The Development Order shall also be amended to include the Conditions of Approval, attached and incorporated herein as Exhibit "A" Section 4. Upon consideration of all matters described in Section 38006, Florida Statutes (1996), it is hereby determined that A. The amendments proposed by Developer 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 Developer are consistent with the I I' I : local comprehensive plan and local land development regulations, . , subject to the conditions outlined above. C The amendments proposed by Developer are consistent with the II recommendations of the Treasure Coast Regional Planning Council subject to the conditions outlined above. D The amendments proposed by Developer do not create any I I ! i I additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380 06, Florida Statutes (1996) Ii I! I' proceedings have been duly conducted pursuant to the provisions of Chapter 380 06, Section 5 The City Commission has concluded as a matter of law that these Florida Statutes (1996) that Developer is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above. Section 6 Except as otherwise amended herein, the Development Order shall remain in full force and effect. I I ~ I: , I I' I i! II I' Page 5 of 6 Section 7 All ordinances or parts of ordinances in conflict herewith are hereby repealed Section 8 Should any section or provision of this ordinance or portion hereof I any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance Section 9 Authority is hereby granted to codify said ordinance. I ,i I: Section 10 This ordinance shall become effective immediately upon passage FIRST READING this.?1 day of rE8RuA~SI ,1999 SECOND READING and FINAL PASSAGE this .d1 day of /1/.-9~e# ,1999 : I I: I CITY OF BOYNT~H, FLORIDA /~ Yu//~ Mayor f - (~~ -~ Co iSSiO~ _ (} _ ~\uuU ~, Commissioner ATTEST ~~aJG~~~ C., C;L.lr Y \\'i~ftrf't!1111 -rO^' III/. ", . 'v 1::1 ~/. ~ ~'1 ~ " _i)F,.l\1""..:.- (\ ~ ,(' ":; -:s:. ~ l.i. ...) I ~ s:~\~rQ\guantum DRI-'999g .:: ?- :- ,,: == -:; 'r" \ .... 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IS t:::?- c:'c....(e.~r /9'l d G TTcC ~ uSe:::.... ~f-;"~ ~ 3'.2.. - .3 g "'~ c,mf tc~ti' . rc:Jo ar mere ~rLrs;C-Y1--s @pf;r~e.~/l1<=-~t ""''I ek't".sr-~ dt2. l YJo/ e.. k h ( 6, T 6--I-h.c: t ~cC rb ~ c- ,J;.. //c. t:, ,P p7c ~ f OycC~\ ~r~O June 3,7? :S'hcrV-J 5 t<c(frcc / ..z"1&,-ryM~/' Ak~ ~=- -I-~6<.jr;t.1 dO--f~S-r;,. ~ t'Yl;-~rV ckl/J~fYI~",--f on (y : C"-l1nOT /c~ he .;: ""- ( / c t;.,.cfc.v/ c--hL,'~s o/, "77"" oJ. A c/'~a CQ< ~ -L ",,/,[ L~( ~rd{JC- --d~ )")0US5 = A d-(cc(/- CJrL. 9'7 2<::' )G..cY hc..r.V(,..r<-r-f-eYj Gh~~ ::ekP';f ;ic- /: r cj,,,y> &0 J-i'-3? fr- 'Ofrc..; .+~~.s, frf q..J -tf:, -? ncP", s ~ 6..( ;~-- st. tude martin treQlure w~ ~ co~t ~~Y;' regional planniQg council ~' ~ ~, ~+ I' .,. l. J -..IV"'" ;J '"' October 21, 1999 , l 11 c;i j CI I;; tJ0- -~~,....- ..J Ms KolIeen O.P Cobb Hughes Hubbard & Reed 20 I South Biscayne Boulevard MIamI, Flonda 33131-4332 oJ t Subject. Quantum Park Development of Regional Impact k to. l< f:: , , r' h~~ 14 r i~ r Dear Ms. Cobb ThIS letter IS wntten In response to your letter of October 12, 1999, requesting interpretatIOn of the development order for the Quantum Park development of regIOnal Impact (DRI) The development order or ordinance allOWing the development of the Quantum Park DRI was approved and is presently being momtored and enforced by the CIty of Boynton Beach. Therefore, any interpretation of the condItions of approval within the development order for the Quantum Park DR! should be sought from the CIty of Boynton Beach. Council understands that you have sent the same request to the CIty of Boynton Beach. Therefore, CouncIl wIll not be responding to your request. ~ If you have any questIons please call I smcerelYtr:LrJ " b Snyder DRI Coordinator I , Cc Roger Saberson Mike Rumpf, CIty of Boynton Beach '" \?~~~. .. '<:;.-':""'~.~ ~-'i:"""t>t~.. 301 east ocean boulevard suite 300 stuart, florida 34994 phone (561) 221-4060 sc 269-4060 fox (561) 221-4067 DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment October 19, 1999 David B Noms Cohen, Norris, Scherer, Wemberger & Wolmer 712 U S Highway 1, SUIte 400 P 0 13146 North Palm Beach, Flonda 33408-7146 Re' Quantum Park Lots #32 through #38, (BGI Lots) "Office" Use OptIOn Dear Mr Noms. In follow-up to my prevIous letter prepared to indicate the City'S position relative to the current use optIOns eXlstmg on lots #32 through #38 of the Quantum Park PID, and in response to your letter dated September 28, 1999, I am providing you with additional facts which Justify our posItion. Amendment #7 Ordmance No 96-65, representing the seventh amendment to the DRI, adds both the "Industnal" and "Research and Development" (R&D) use optIOns to lots #32 through #38. At the time of the amendment, those lots already mcluded "Office" use. At the time when Amendment #8 was filed, the use options for lots #32 through #38 included "Office" Amendment #8 The staff report (Memo No 97-213) for Amendment #8 listed all requested lot use modificatIOns mcludmg the deletion of the "Office" use from lots #32 through #38. The same report contamed a staff recommendation that the "Office" use should be retamed on lots #32 through #38 The mmutes of both the May 13, 1997 Planning and Development Board Meetmg, and May 20, 1997 City CommiSSIOn meeting, and the InItial draft of Ordinance No 97-20 all confirm that the request mcluded the deletion of the "Office" use optIOn on lots #32 through #38 Amendment #8 originally included the request to omit "Office" from the list of use options for lots # 32 through #38, and the staff opposed this modification. The turnmg point in this process occurred between first reading and second reading ofOrdmance No 97- 20, when a declSlon was made by the applIcant to accept certain staff recommendations mcluding retaming the "Office" use option on the subject lots. This decision is supported by a document prepared by the applicant consenting to changes to the application, handwntten revIsions to the original draft Ordmance No 97-20, the final Ordinance No. 97-20, and correspondence from the applicant acceptmg the reVISIOns made to, and the final versIOn ofOrdmance No 97-20 America's Gateway to the Gulfstream 100 East Boynton Beacb Blvd., P.O. Box 310 Boynton Beacb, Florida 33425-0310 Pbone: (561) 375-6260 FAX: (561) 375-6259 Ordinance No. 97-20 was amended between first and final readings to revise, in part, the amendment to omit the revision to lots # 32 through #38, therefore leaving them with the "Office" and "Industrial" use options. "Industrial" use is now a broader designation and includes "Research and Development" as indicated in the NOpe, filed on March 17'1997 Amendment #9 Neither the NOPC, staffreport, nor Ordinance No 99-005 proposed, described or affected lots #32 through #38. The master plan submItted WIth the application for Amendment #9 was in error by showing only the "Industrial" use option on lots #32 through #38. Your client error in this regard cannot take the place of the formal amendment process. The facts stated herem provide clear eVIdence that the "Office" use optIon was not omitted from the subject lots by Amendment #8 to the Quantum Park DRI, despIte what may be represented by data tables which may not be conSIstently maintamed. The master plan, without a proper NOPC application, legal notIce, and ordinance, was changed to show lots #32 through #38 wIthout the "Office" use optIOn. Therefore, without the legal steps taken to offiCially amend the master plan, the use options currently avaIlable on lots #32 through #38 remain "Office" and "IndustrIal" The CIty is therefore oblIgated to reVIse the current master plan to reflect its offiCIal status. All documents referenced herem are attached for your review and records. Please do not hesItate to contact me if you have any further questIons or need further clanfication. Smcerely, '--~~ Michael W Rumpf Director of Planning and Zoning MWR/nl CC James Cherof, CIty Attorney Wilfred Hawkins, Interim CIty Manager Gordon Lunt, Tambone Real Estate Development Corporation Eugene Gerlica, Mock-Roos & ASSOCiates Susan Delegal, Holland, and Knight Attachments J:\SHRDA T A IPlanninglSHARED\ WPlPROJECTSlBGI Amendments 2.doc DEPARTMENT OF DEVELOPMENT DIvision of Planning and Zoning Building Planning & Zoning Engineering Occupalional License Community Redevelopment October 18, 1999 Kolleen O.P Cobb Hughes, Hubbard, & Reed LLP 201 South Biscayne Boulevard MiamI, Florida 33131-4332 Re: Lots #32 through #38, Quantum Park at Boynton Beach, P.I.D., Plat No 3, according to the plat thereof as recorded in Plat Book 60, Page 29, of the Pubhc Records ofPaIm Beach County, FlOrIda ( the" Property") Dear Ms. Cobb' In response to your letter sent to Mr Jim Nguyen of this office, dated October 7, 1999, please be adVIsed that the property identified as Lots #32 through #38, Quantum Park at Boynton Beach, P.LD., Plat No 3, is currently zoned Planned Industrial Development, P.LD., according to the Official Zoning Map for the City of Boynton Beach. Also, please be adVIsed that the Land Development Regulations for the City of Boynton Beach require that uses within the P.LD zoning distrIct be approved by the City CommIssIon. In fact, the City Commission approved Amendment No.8 to the Quantum Park Master Site Development Plan by adopting the Ordinance No. 97-20 on May 29, 1997, whIch maIntaIned the "OFFICE" and "INDUSTRIAL" use options for the subject property Subsequently, the City CommIssion approved Amendment No 9 to the Quantum Park Master Site Development Plan by adopting the Ordinance No 99-05 on March 2, 1999, which did not affect the previously approved use options for the subject lots. Please find copies of applicable ordInances attached hereto. If! can be of any further asSistance, please contact me at (561) 742-6260 Fe::> Ichael W Rumpf Director of Planning and Zomng MWR/nl J:ISHRDATAIPlanningISHAREDlWPlCORRESPlZONlNG VERIFICATION LElTERSlQuanlUm Park Lots 32-38.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 ( Hughe~ IIlilibard&Ri =l LLP L- . ( ~Ol South B,sc.avne Boul"..-ard Miami. FlorIda HI3I 4332 Telephone: 305-358-[666 Facsunile: 305-371-8-'59 October 7 I 1999 VIA FEDERAL EXPRESS Mr Jim Nguyen Planning and Zoning Division City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Re Lots 32 - 38, Quantum Park at Boynton Beach, P I D Plat No 3, according to the plat thereof as recorded in Plat Book 60, Page 29, of the Public Records of Palm Beach County, Florida (the "Property") Dear Mr Nguyen In connection with the contemplated purchase of the Property, this letter requests written confirmation from your department on the following Items with respect to the referenced Property' 1 Please state the present zoning classification of the Property under the City of Boynton Beach Zoning Code 2 Please confirm that the zoning classification allows for office use and industnal use In addition, please provide copies of the applicable ordinances or resolutions relating to the property Please call me regarding any cost of zoning letter or the above-referenced copies Thank you for your assistance in this matter Please call me with any questions As soon as you have prepared your response, call our office and we will arrange to have a courier pick it up and deliver any monies required for the zoning letter and copies cc Mr Gordon Lunt Mr James Stifel ( ~ W6 MI992790 049 One Banerv Park Plaza ~ew York. NY ] 0004- 1482 r Avenue Georges Mandel -5II6 Pans. France I, ) (I) 44.0\.80.00 1--'5 I Srreet. 1'<' W WashIngton. D C 20000- 2.401 202 ....11 4600 )50 South Grand ""venue Los Angeles. CA qoo-'I-~442 211-61)-2800 1 g,--I)ooo Hughes Hubbard & Rt,vd ILP 201 South Biscayne Boulevard Miami, Florida 33131-4332 Telephone: 305-358-1666 Facsimile: 305-371-8759 October 18, 1999 VIA FEDEX Mr Jose Alfaro Zomng VenficatIOn Letter CIty of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Lots 32 - 38, Quantum Park at Boynton Beach, P.I.D. Plat No.3, according to the plat thereof as recorded in Plat Book 60, Page 29, of the Public Records of Palm Beach County, Florida (the "Property") Dear Mr Alfara. Enclosed is this finn's check m the amount of $25 00 made payable to the CIty of Boyton Beach representmg payment for the zomng venfication letter request (copy attached) dated October 7, 1999 Also enclosed IS a self-addressed FedEx package for your convemence m returning the venficatIOn letter Thank you for your assistance m thIS matter Please call me wIth any questIOns. KOPC/ik Enclosures W6-MI992910 013 One Battery Park Plaza New York, NY 10004-1482 212-837-6000 47 Avenue Georges Mandel 75II6 Paris, France (33) (I) 44.05.80.00 1775 I Srreet, N.W Washingron, D C. 20006-2401 202-721-4600 350 South Grand Avenue Los Angeles, CA 90071-3442 213-613-2800 CITY OF BOYNTON BEACH *** CUSTOMER RECEIPT *** BATCH ID MARTTILAD 10/19/99 01 RECEIPT 0001327 DESCRIPTION QTY AMOUNT PAYMENT DESC PT SV 1 $25 00 * ZONING VERIFICAT Zl CK ZONING LTR - QTUM #32-38 FEES / TEXT ADMENDMENT 00100003419102 TOTAL CHECK Tender Details CK Amount Tendered DATE 10/19/99 $25 00 $25 00 $25 00 TIME 12 11 03 THANK YOU FOR YOUR PROMPT PAYMENT Hughes Hubbard &Rt 1 UP lOI SOUIh BlScavne Boulevard :Vfiaml. Florida 33I)1-431~ Telephone: 30\-1\8-1666 FacsImile: 305-3-,-8-\9 October 12, 1999 VIA FEDERAL EXPRESS Mr Michael Rumpf City of Boynton Beach Planning & Zoning 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Re Lots 32 - 38, Quantum Park at Boynton Beach, P I D Plat No 3, according to the plat thereof as recorded in Plat Book 60, Page 29, of the Public Records of Palm Beach County, Florida (the "Property") Dear Mr Rumpf' As you are aware, the Property is subject to the terms of Development of Regional Impact Order Ordinance No 84-51, as amended (the "Development Order"), notice of which is recorded in the Public Records of Palm Beach County, Florida. The Development Order allows the Quantum Associates, a Florida general partnership or its assigns to develop the real property subject to the Development Order project known as Quantum Corporate Park at Boynton Beach Development of Regional Impact (the "Project") in accordance with the terms and requirements of the Development Order The purpose of this letter is request written confirmation to The Benenson Capital Company and/or assigns, the proposed buyer of the Property, as to the following 1 That the Development Order has only been amended by Ordinance Nos 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20 and 99-05 and no other amendment have been approved 2 As to the Property, that the Master Site Development Plan attached to Ordinance No 96-65 is the site plan in effect. 3 That the Property land use designation is office/industrial/R & D and the Buyer of Property is entitled to develop office, industrial or research and development buildings on the Property 4 That the Developer has complied with the terms of the Development Order that apply to the Project, including, but not limited to, (i) the preservation of a Sand Pine Scrub canopy of no less than forty (40) acres, (ii) a vegetated littoral zone of hardwood swamp/fresh water marsh habitat of no less than eleven (11) acres, (iii) maintenance of a buffer zone of native upland edge vegetation around wetland and deepwater habitats, (iv) the construction of the required roadways, signalization, W6-MI992660 070 One Battery Park Plaza New York. NY 10004-1482 212-837-6000 47 Avenue Georges Mandel 75II6 Paris. France (33) (1) 44.05.80.00 1775 I Street, N W Washington. 0 C. 20006-2401 202 721-4600 350 South Grand Avenue Los Angeles. CA 90071-3442 213-6IJ-2800 flu ahe-., I lubbard & Rel LLP <:""' Mr Michael Rumpf October 12, 1999 Page 2 restriping, and turn lanes, (v) dedication of rights of ways, (vi) the contribution of the $141,000 to Palm Beach County in connection therewith, and the additional $900 000 contribution required under Condition 27 of the Development Order, and (vii) construction of the water mains, except for Please call me if you have any questions or need any additional information cc. Mr Gordon Lunt Mr James Stifel The undersigned acknowledges and certifies to The Benenson Capital Company, its successors and assigns and Hughes Hubbard & Reed LLP that the statements referenced as items 1, 2, 3 and 4 are true and correct. Boynton Beach Planning & Zoning / Print Name --, '---- I. c . ~ .c ~ 1'1_)f- i I With regard to terms 4(i) through 4(vii) of the Development Order that apply to the Project There are no further dedications for preservation of land for the subject lots over and above those complied with through dedications on common areas, and We are in the process of confirming that the contributions to Palm Beach County in connection with the required rights of way improvements as specified under Conditions 24 and 27 have been submitted W6-MI992660 070 Sep-30-ii 04 36prn F Oil-eo tEN NQ.gR s SCtER:~ !l'E NBERGEP 561342.1 C4 T-173 P C1/03 F-lil '" LAW OFFICES OF COHEN, NO~.3, SCHERER, WEINBERGER & WOLMER 712 U. S. HIGHWAY ONE, FOURTH FLOOR NORTH PALM BEACH, FLORIDA 33408 TELEPHONE (561) 844..3600 TELECOPIER (561) 842-4104 TELECOPIEB TR4NSMlSSION REQUeST TO ~A4- ~ FROM: DAVID B. NORRIS, ESQ DATE. 9 - $-1) -' f J CUHNT. ~~ TELECOPYNO J 7 ~ c2 - c;, '- 5" '7 q~~/I' t1 ')..- r 3 FlLE NO NO PAGES INCL. COllER: INSTRUCTIONS: The information contained in th~s transmia;1on is atco~~y privileged and confidenti~l Ie ~. inr.enc!ed ~:)r tl".e us. of ~be individua... or entity named ,;above rf the re~der of this ~~ssag. is n~e the in~end.d recipient you are hereby no~ified that any d1ssemin&tion d:i.llt.r1.but::.on:)r CO-pYJ.nS of thi. ~ommunica::ion is st.ictly prohibit.ed It you J:ece;.v.. ehi~ ccmm~nic.tien in errOr please notify us irn~ed1ately by telephone (cQll.c~) anc reeurn :hc .,ci$'inal me.sag<e eo U~ at the dDove 5dc..e~~ v;i.Q ehe \] $ POilt_l Se:rvic.. We wil~. reimburae you for p08tase and/or telepho~ expen.es Thar.k yQ~ S,p-30-9i 04 3Spm Fron-COHEN NORRIS SCHERER WEINBERGER 56JB4Z410. T-173 P 02/03 F-191 ~. Q.4RY A. CJ41VJA,.. I'fUD c coHtN. p A." GlU:CORY It COIIlN R1fJof1!AD A. COMfO. 1U ".7D.. NORJUf. I'.A. 1l0UJa I. /I.U1N l'k7fjR Jl MY l1UC M. UVUlIJlG, P.A. XSNNJ.TH I. SCHElWl, P.A. ,(YU A. SIl. VERMAN" }AMES s. nLL1'MNJotO" JCOIEJl.T.'rf. 'fI1!!NU/l(;tJl. PA- IMWlG. \VOlMOl,?"" -Of CDII_J "'14,d Cwtifi~d RI4/ I!sUIU ..*&111"4 CwrIfietl ~ Litittlriotf COHEN, NORlUS, SCHERER, WEINBERGE-. & WOLMER ~ 012'_ ..4 .9__~ 'I "'t-r" io filii .,;.~ flr;,""; "... 712 U.S. HIGHWA.Y ONl!. sum ~o P O. BOX 13146 NORTH pAJj4 BEACH. FLORIDA 3340S.?146 TELEPHONE. (161) 8#Jf()O FACSIMILE. (561) 84204104 . OFCO(JNm.: NCRAJID f. MCHaN. J'A. /lIC1SJUW So MClfUrr LA"""" Eo NWOH .JIud artifi<<l OWl 'l'rU1 A".......,. September 28 1999 Michael W Rumpf Director of Planning and Zoning City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, Florida 33425 RE. Quantum Park Lots 32 through 38, "BGl Lots" Dear Mr Rumpf' This firm represents Quantum limited Partners, Ltd and MFT Development, Inc. We have received a copy of your August 23, 1999 letter relative to the BGI Lands and have been asked to respond to the same First and foremost, our client disagrees with your analysis of prior Amendments and the current use designation for said lots Prior to their purchase of the balance of Quantum Park, Amendment No 8 was reviewed. which Amendment included the Master Plan with the BGI Lands depicted as "industrial" only The Acreage Table for Amendment No 8 also depicted such lots as "industrial" only This is also consistent with the Acreage Tables and the approved site plan for the BGI Lands that existed at the time of Amendment No 8 From all of the foregoing, it is clear that these lots were intended to be designated as "industriar' only This is the basis upon which our client purchased the balance of Quantum Park. As we have subsequently discussed, "'",f'.:~.' ... apparently, there may exist two versions of Amendment No 8, one IS described above.../' which our clients reviewed and relied upon, and another version which depicts the BGI...... 1"'\.1'1.'- lots as Koffice/industrial" despite the clear intention to the contrary as previously described Second I you have suggested that the approval of Amendment No 9 was improper and due to an oversight on the part of the City Staff based upon the fad that the application for such Amendment did not contain a narrative discussion relative to amending fhe use designations for the BGJ Lands. Again. we disagree with this S,p-30-99 04 37pm Fran-COHEN MORRIS SCHERER 'NEINSERGER 56i34Z410" T-173 P 03/03 F-191 ..) suggestion Based upon the discussion above. any narrative omission in any application did not occur in the application for Amendment No 9 but would have occurred in the application for Amendment No.8 Notwithstanding, however, this was not an oversight on the part of the City In fact, extensive and detailed discussions occurred with City Staff relative to this particular issue. The Master Plan for Amendment No 9 specifICally designated the lots as industrial only so that the Acreage Table correctly reflected the tolal acreage of industrial only lots (i.e 90 69 acres) consistent with such table for Amendment No 8. Furthermore, based upon the discussions with the City Staff, such Staff had in fact recommended a condition on the approval of Amendment No. 9 requesting that not only the office designation be dropped to eliminate the pnor discrepancy, but also that the industrial use be restricted to uses other than warehouse and distribution That condition was rejected by our client because it was felt to be Inappropriate to further restrict the use of the land beyond the prior Amendment to reduce the designation to only "industrial" However, if you require this further restriction now. our client would consider the same. Therefore, based upon the foregoing, it is clear that Ordinance 97-20 approving Amendment No 9 was not an error and neither City Staff or City Council overlooked anything Any confusion that may exist results from the fact that apparently two versions of the Master Plan attached to Amendment No 8 eXists in the City files However as stated, such confusion is easily overcome by review of the other related documentation As such. the BGt Lots are correctly depicted as "Industrial" only That IS the basis upon which our client purchased theIr properties in Quantum Park, and is the basis upon which their properties are being sold and developed As such. any deviation from such designations on the part of your office or the City in general cannot be tolerated as it will directly impact our client's property Please Immediately confirm your agreement to avoid the necessity of our client taking actIon to protect their interest. I look forward to your prompt response Very truly yours, ce. client ce. Wilfred HawkIns, Acting Managern42-6011 ce' Jerry Broenlng, Mayorn42-6011 LANNERS ENGINEERS February 12, 1999 Mr Charles PattIson, DIrector DIV of Resource Plannmg & Management Bureau of State Planmng 2740 Centervlew Dnve Tallahassee, FL 32399 AttentIon. Mr Tallal Benothman Subject: NotIficatIon of a Proposed Change Quantum Park - DR! (Our Ref No 9801902) Dear Mr PattIson. On behalf of our Client, MFf Development, Inc , enclosed please find a NotIficatIon of a Proposed Change for the Quantum Park - DR!. Included IS the reVIsed Master Site Development Plan, Amendment No 9, MockeRoos Drawmg No 45-43-17-23, Sheet 1 of 1, reVIsed February 10, 1999 ThIS ExhibIt was prepared usmg the eXlstmg Master Plan of Record, prepared by others, as a baSIS for the Exhlblt. Also enclosed IS a Traffic Statement prepared by Pinder, Troutman Consultmg, Inc , dated February 10, 1999 OCIATES, INC ~. .--- / /,/' ."-... Eugen A. Gerhca, P.E. Semor Project Manager EAG]eh Enclosure Ms. Kerry WillIS, CIty of Boynton Beach Mr James Synder, Treasure Coast RegIOnal Plannmg CouncIl (w/encl.) Douglas MacDonald, MFf Development (w/encl.) Mr DaVId B NorrIS, Esq , Cohen, Chemay , NorrIS, et al. (w/encl.) Mr Michael Rhumpf, Acting DIrector Plannmg and Zonmg, City of Boynton Beach (w/encl.) Mr Allan Fedenco, PBC Traffic DIvISIon (w/encl.) Letters:mft _ quan:980 19 02.l006egjh.doc CopIes. Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach. Florida 334072066. (561) 683-3113. fax 478-7248 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Flonda 32399 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380 06(19), FLORIDA STATUES Subsection 380.06(19), Florida Statues, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form 1 I, Douglas MacDonald, PresIdent of MFf Development, Inc., hereby gIve notIce of a proposed change to a previously approved Development of RegIOnal Impact In accordance wIth SubsectIon 380 06( 19), Flonda Statues In support thereof, I subrrut the follOWIng InformatIon concermng the Quantum Park Development, wluch InformatIon IS true and correct to the best of my knowledge I have subrrutted today, under separate cover, copIes of tlus completed notificatIon to the CIty of Boynton Beach, to the Treasure Coast RegIOnal PlannIng CouncIl, and to the Bureau of State PlannIng, Department of CommunIty Affarrs "'), J&6 \0 I ctq (Date) . Letters:mft_ quan:980 19.02.1007egjh.doc 1 RevIsed 2/1 0/99 2 Applicant. MFT Development, Inc , AFIonda CorporatIon 1401 Forum Way SUIte 101 West Palm Beach, FL 33401 Phone (561) 686-6959 Fax (561) 686-8863 3 Authorized Agent. N/A 4 Location Quantum Park DR!, CIty of Boynton Beach, County of Palm Beach, Townslup 45 South, Range 43 East, SectIOns 16, 17, 20, and 21 5 Provide a complete description of the proposed change. Include any proposed changes to the Plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements or to the representations contained in either the development order or the Application for Development Approval AdoptIOn of Master SIte Development Plan Amendment No 9 attached hereto Lot 2 The use desIgnatIOn has been changed from "office/industrIal" to "office/industrIa1/hotel" to accommodate the development of addItIOnal rooms adjacent the eXistIng Hampton Inn. The addItIOnal rooms are planned to be wItlun the current allowable thresholds and development order condItIOns. Lots 66, 67-A and 67-C. The use desIgnation is changed from "office/industrIa1/hotel" to "office/industnal/commercIal" Tlus use desIgnatIOn change IS proposed to accommodate a complementary commercIal development adjacent the proposed multi-screen stadmm seating mOVIe theater complex upon Lots 83 through 88, inclusIve Lots 76,81 and 82 The use desIgnatIOn has been changed from "office/industrIal/commercIal" to "office/industrial" This change reduces the acreage deSIgnated for commercIal uses. These propertIes were purchased with deed restrIctIons prohibItIng commercIal developments. The "office/industrIal" developments upon these lots will be In accordance wIth the current thresholds for gross floor areas for these uses. Lots 83, 84, 85, 86, 87 and 88 The use desIgnatIOn "Attractions and Recreation" (AR) has been added to the current desIgnatIOn of "office/industrial" for these lots. These lots total 22.50 acres. The use desIgnatIOn IS added to allow for the proposed multI screen, stadmm seatIng movIe theater complex. The property is currently under contract wIth the Letters:mft _ quan:980 19 02.l007egjh.doc 2 Revised 2/1 0/99 theater developer MUVICO Twenty (20) screens are proposed. The proposed change is requested wIthout an mcrease m the total vested tnp generation of 63,752 tnps. The commutatIve changes m the use desIgnatIOnS have reduced the land area available for commercIal development from 33.24 acres to 31.24 acres, the "office/industnallhotel" use desIgnatiOn has been reduced from 8 0 1 acres to 3 78 acres and the "office/industrial" use desIgnatiOn has been reduced from 15073 acres to 134.28 acres. The attached Quantum Park Master Plan mdIcates the changes reqUired. 6 Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. 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 wltrun the DR! project, the ApplIcant sublll1ts that completIon of the Substantial DeViatIOn DetermmatIOn Chart would not be productive. 7 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart) Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Ongmal Development Order December 18,1984 June 3, 1986 First Amendment to Development Order Second Amendment to Development Order Trurd Amendment to Development Order October 21, 1986 February 2, 1988 Fourth Amendment to Development Order Fifth Amendment to Development Order April 19, 1994 November 15, 1994 Letters:mft _ quan:980 19.02.1007 egjh.doc 3 ReVIsed 2/10/99 SIxth Amendment to Development Order July 16, 1996 Seventh Amendment to Development Order EIghth Amendment to Development Order 8 Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval of issuance of the DRI development order Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map December 17, 1996 March 17, 1997 No addttionallands were purchased or optioned since the approval of the Imtial Development Order 9 Indicate if the proposed change is less than 40 % (cumulatively with other previous changes) of any of the criteria listed in Paragraph 38006(19)(b), Florida Statues. Proposed change IS less than 40% (cumulatively wIth pnor changes) of any of the cntena I1sted m paragraph 380 06( 19)(b) Do you beheve tills notification of change proposes a change wluch meets the cntena of Subparagraph 38006(19) (e) 2, F S YES NO x We beheve the proposed change does not create addItIOnal regIOnal Impact. The proposed change described m No 5 above decreases the land area available for commercIal, office and mdustnal development. The proposed change allows for the development of an attractIOn and recreational land use on 22.5 acres of land prevIously desIgnated for only office and/or mdustnal use. The proposed change does not mcrease the thresholds for traffic generatIOn, land use or buildmg area currently established by the development order and subsequent amendments. The revised master SIte development plan and supportmg traffic statement provIde for an eqUivalence formula m the event Lots 83 through 88, mcluslve are developed as a multl- screen, stadmm seatmg mOVIe theater complex. In the event the lots are not developed as such, the only IdentIfiable proposed change IS the office, commerCIal and/or mdustrlalland use desIgnations of the lots described m No 5 above Letters:mft _ quan:980 19 02.1007egjh.doc 4 RevIsed 2/1 0/99 10 Does the proposed change result in a change to the build-out date or any phasing data of the project? If so, indicate the proposed new build-out or phasing date. Proposed change WIll not change the build-out date. 11 Will the proposed change require an amendment to the local government comprehensive plan? The proposed change WIll not reqUire an amendment to the local government comprehensIve plan. Please reference the attached letter dated November 13, 1998 from the City of Boynton Beach expressmg support of the proposed changes. Provide the following for incorporation in to such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9j-2.025, Florida Administrative Code 12 An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. ProVIded IS an updated Master Plan prepared by Mock, Roos & Associates (Dwg. No 45- 43-17 - 23) dated December 1998, revIsed February 10, 1999 13 Pursuant to Subsection 380 06(19) (f), F S., include the precise language that is being proposed to be deleted or added as an amendment to the development order This language should address and quantify a All proposed specific changes to the nature, phasing, and build-out date of the development, to development order conditions and requirements, to commitments and representations in the Application for Development approval, to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts, to structures or to other improvements including locations, square footage, number of units, and other major characteristics or components of the proposed change, It IS requested the development order language be amended to mclude the followlDg provISIons. 1 Master Plan Amendment No 9 to the Master SIte Development Plan for Quantum Park, Dated February 10, 1999, IS hereby approved. Letters:mft _ quan:980 19.02.1007 egjh.doc 5 Revised 2/10/99 b An update legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development, The Project Total Acreage and Legal Descnpnon remams unchanged. c A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable, A deadlme IS not proposed. d A proposed amended development order termination date that reasonably reflects the time required to complete the development, The terminatIOn data remains unchanged. Letters:mft _ quan:980 19 .02:1007egjh.doc 6 ReVIsed 2/10/99 JUN -03 9itTLEl 11 08 SHdTTS 1;. BOWE~ TEL 40': 423 3200 ( ;> 001 SHUTTS & BOWEN I\TIOllNI::YS AND COUNSF-I-T.OJiS AT LAW (A l'An'I''''~II~..I~ INl:l.lIn1Nr; rl" '''''SSlClN^~ ASS'lC'''110N:;i ~n NOrrrH OKAI\;Gl! AVtNUr SVlTr 1fJrl(\ Om...\N[\l) FlO/l;:>A 321101 .!t;Lti~HUN[ 1~117ll1H.J;!I1" FM'SIMILE foHl71"!S.n~1ft June 3, 1991 VIA PACS+K~~~ 407/375-6351 ill Me 'l'ambri Heyden Planning and Zoning Director City of Boynton Beach 10C East Boynton Beach Boynton Beach, Florida BUILDING DIVISiON Boulevard 33425-0310 Re Quantum Park DRX Amendment (Ordinance No. 09'-20) Dear Tambri I have afternoon action on reviewed the draft Ordinance faxed to me yesterday It appears to accurately reflect the city Commission May 20, and therefore I have no further comments Upon adoption of the Ordinance, plea.se send me a fully executed copy as well as a copy of the City's letter transmitting the final Ordinance to the DCA and the Treasure Coast Regional Planning Council pursuant to Florida statute 380 07(2) JGw/emw cc Arthur Fe1sher (Telecopy 311/685-7303) OR~H 52074.1 ~MW Atr.srF.po,,"10fi1lt:U I~L 'HJI".A \lO\:~I"'^nD.!l li,^.\ "p ""~Sr~R(;A"". ".I~ NF.rllr;nr,,\I<JO~ 11'(_I~nHnJllf.(I~ .H~n.'~l'i.lV...~ l'."'SIM;1.: n11.~1~I.Hi'.l+l~ l"'I'I.4n!;.J t)"fo1C~ If 'UA"" II I: I:. f Cl.UJl :1'': ''''~f.AN lice.. UJilV~ SlIlre "a... (J(:F.~N l,ce,' rl.A~A ..:11..... ...'\"C;~. FI n.nr-A ;l:leI;'7 1 ILLI.'HON&H1D'IJGi ~"'" U)ldlUN UWI(;~ " MOUNT ~.'I1I1'.P,'r I ""Or.IN ""1~ ~rili Y.NC;I....NI'l "bi.oLt'IIUN~ DII."171.4(U1~1 lilll SI...1I1.1.: UII "" 111.U~.4. :.' "''''MIO'I'lCE 1!iMMljI"..,.lc.Lsfl'Il:K llJl :aUUlll UUiCAYSF-lJllnVI..[VAItU MIAMI. Fl.nllll.... .111. MIAMl 'C~) :15".II:)lkI ~"n~"nL'IU:nI~~7 10," 1!^::5IMILF.I:'lu~, :t~l U1IU;': Wt!Sf ~"LM .....AG,. i."'1;I<';C IIN~ 1,1.1V\liLAK.E CJ":WT'A~. ~llIrn !ii.o !':n ^,l1r"!''''''II~~ ^Y~NU~ !ii,)IITt". Wr:~T r"'I.M ~J1!^l:lJ. :I.ORIO.\ i-l!'l MAU (~ ~\Ijllnr.~~, U UO~ l~~ w(j~ I "Al"'1 Ull^l.:~. "'r.l,I\II~~ ;n"'}4":J;):,~ Tr.l.~rllnNL Ir~:II!~.II;.OO r:^C!\I""tt.f I,ifll: 1;:10 u::O ;.. iTY OF BOYNTON BEACtI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimz Dates in to Citv Manal!er's Office Meetinl! Dates in to Citv Manaeer's Office 0 May 6, 1997 April2S 1997 (noon) 0 July 1 1997 June 20, 1997 (noon) 0 May 20, 1997 May 9 1997 {noon I 0 July IS, 1997 July 3, 1997 (Thursday noon) I2J June 3. 1997 May 23 1997 (noon I 0 August 5 1997 July 25, 1997 (noon) o June 17 1997 June 6, 1997 (noon) 0 August 19 1997 August 8, 1997 (noon) RECOMMENDATION Please place the request below on the June 3, 1997 City Commission meeting under Legal, Ordinances, Second Reading for approval as wntten. EXPLANA nON An ordinance amending the Quantum Park DR! development order was approved on first reading at the May 20 1997 City Commission meeting with revisions. The revisions have been incorporated in the attached ordinance. The DR! amendment application, necessitating this ordinance, was submitted by James Willard on behalf of Quantum Associates to request the following master plan changes in lot use (this list reflects the commercial, industrial and Quantum Boulevard adjustments [0 the application Mr Willard requested at the last City Commission meeting)' Change in the master plan designation of lots 6, 7 8, 9 10, 11 2. 15 16, 17 18, 19, 21, 39 40A, 52, 83, 84 and 85 from office to office/industrial use; change in the master plan designation of lot I from officelbotel use to office/industriaVcommercial use; change in the master plan designation of lots 12, 13 and 14 from office/research and development to office/industrial use; change in the master plan designation of lots 76, 81 and 82 from industriaVcommercial to office/industriaV commercial use; change in the master plan designation of lot 40 from office/government and institutional to government and institutional use; change in the master plan designation of lots 58, 59 60. 61 and 62 from industriaVresearch and development to office/industrial use; change in the master plan designation of lots 86, 87 88, 89A, 89B and 90B from research and development to office/industrial use; change in the master plan designation of lots 65A, 65B, 67B and 91 from officelhoteVcommercial to office/industriaVcommercial use; change in the master plan designation of lots 63 and 64 from office/commercial to office/industriaVcommercial use; change In the master plan designation of lot 90A from research and development to government and institutional use; change in the master plan deSignation of lots 68A and 68B from research and development to office/industrial use; change in the master plan designation of lots 46A, 48A, 48B, 48C, 50A, SOB, SIB, SID, 56, 57, 69, 70, 72, 73A, 73B, 74, and 7S from industrial to office/industrial use: change in the master plan designation of lots 77, 78, 79 and 80 from industriaVcommercial to commercial use, and change in the master plan designation of lots 66, 67 A and 67C from officelbotel use to officelboteVindustrial use, PROGRAM IMPACT N/A FISCAL IMPACT N/A ALTERNATIVES N/A <; \Planning\SHAREDI\vP\;\GENDc\SICITITOMl\1\Agc:nda Item Requesl Ordinance Quantum DRLdoc ~ITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Depamnent Head's Signature City Manager's Signature Development Services Depamnent Name -<J~,-t't<' 9 ~G;~ Plannmg and Zoningitrrector V S\Planning\SHAREO\\Vp\ \GENDAS\CITYCOMM\Agenda Item Request Ordinance Quantum DRl.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cit)' Commission Dale Final Form Must be Turned Requesled Cily Commission Date Final Form Must be Turned Meelin~ Dales in 10 Cily Manager s Oflice Mcelin~ Dales in to CilY Mana~er s Oflice 0 May 6, 1997 April 25 1997 (noon) 0 July 1 1997 June 20, 1997 (noon) 181 May 20, 1997 May 9 1997 (noon) 0 Jul)' 15 1997 July 3, 1997 (Thursday noon) o Junl:3, 1997 May 23,1997 (noon) 0 August 5, 1997 July 25 1997 (noon) o June 17 1997 June 6, 1997 (noon) 0 August 19 1997 August 8, 1997 (noon) RECOMMENDATION Please place the request below on the May 20, 1997 City Commission meeting under Public Ilearing. The Planning and Developmenl Board, with a 6-1 vote, recommends approval of the Quantum Park DRI amendment and master plan modification, subject to all staff comments in Exhibit "F" - Conditions of Approval with the exception of comments 7, 8, 9,10, I 1,12,13,17 and 19 and revisions to comments I and 16 relative to incomplete utility system analysis and deleting commercial use on various lots. Regarding comment 8 (lack of maintenance of the sand pine preserve and other landscape areas), staff agrees to delete this comment and wtll refer this lack of compliance to Code Enforcement. Regarding comments 9-13 (traffic), staff has received the attached rebuttal from the RPC. They area holding fast to comments 9-13 therefore staff recommends that they not be deleted. Regarding comments 16 and 19 (commercial use option on additional lots), statfstrongly maintains that no additional commercial lots be allowed. Regarding comment 19 staff agrees to delete this cO'1'metll and add it as a condition of future site plan approval for industrial lots along Gateway Lastly, an ordinance is scheduled for first reading at the May 20th City Commission meeting as well, which is necessary to amend the Quantum Park DRI development order The recommended conditions of approval are inserted in the ordinance and are recommended for approval For further details pertaining to this request, see attached Planning and Zoning Department Memorandum No. 97-2 I 3 EXPLANATION Project: Quantum Park PID Agent: James G Willard and Bowen LLP Owner' Quantum Associates Location West side of the intersection of Interstate 95 and Gateway Boulevard DESCRIPTION Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change in traffic distribution due to possible future severing of Quantum Boulevard between lots 22 and 31 and lots 6 through II, and change in the master plan designation of lots 6, 7, 8, 9, 10, II, 22, 23, 24, 25, 26, 27, 28, 29,30,31,2,3, 15, 16 and 40A from office to office/industrial use, of lots I, 66, 67 A and 67C from officelhotel use to office/industrial/ commercial use, of lots 12, 13 and 14 from office/research and development to office use; lots 32, 33, 34A, 34B, 35, 36, 37 and 38 from office/industrial to industrial use, of lots 17 18, 19, 21, 39 52, 81, 82, 83, 84 and 85 from office to office/industrial/ commercial use; of lot 40 from office/government and institutional to government and institutional use; change in the master plan designation of lots 58, 59 60 61 and 62 from industrial/research and development to office/industrial use change in the master plan designation of lots 86, 87, 88, 89A, 89B and 90B from research and development to office/industrial use; change III the master plan designation of lots 65A, 65B, 67B and 91 from oftice/hotel/commercialto office/industrial/commercial use, change in the master plan designation of lots 63 and 64 from office/commerciallo office/industrial/ commercial use, change in the master plan designation of lot 90A from research and development to government and institutional use; change in the master plan designation of lots 68A and 68B from research and developmentlO office/industrial/ wmmercial use; change in the master plan designation of lots 56, 57,69, 70, 72, 73A, S\Il11I.LETIN\FOltMS\A<.ENDA ITEM REQUEST FORM DOC .. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 73B, 74 and 75 from industrial to office/industrial/commercial use, change in the master plan designation of lots 46A, 48A, 48B, 48C, 50A, SOB, 51 Band 51 D from industrial to office/industrial use, change in the master plan designation of lots 76, 77, 78 and 79 from industrial/commercial to commercial use, and change in the master plan designation of lot 80 from office to commercial use. PROGRAM IMPACT N/A FISCAL IMPACT N/A ALTERNATIVES: N/A ,....--, - ~h--rrlt./?..-( Department Head' City Manager's Signature Department Name Page 2 of2 S:\BlJI.I.ETIN\FORMS\AGENnA ITEM REQUEST FORM DOC PROPOSAL OF QUANTUM ASSOCIATES FOR MAY 20TH BOYNTON BEACH CITY COMMISSION MEETING Quantum Associates hereby amends its master plan modification and proposes the following conditions be adopted by the City Commission in addition to the recommendations of the Planning and Development Board / {1 K 33 {u{ 34 I o!J/-<- I 1~ 36 '-t '- / --. I <.Cl \ \ \ ..... ~ czlo( /1 ORL95 51005.1 SMW 05120/97 32 Delete commercial from Lots 83, 84, 85, 68A, 68B, 69, 70, 72, 57, 56, 73B, 73A, 74, 75 and 76 (The result of this deletion will be to expand potential commercial use only to lots ~evious~ ap~~oved for hotel use, i e Lots 1, ('~ ]~~J.I~ Delete condition 20 of Exhibit "F" (no longer needed since virtually all of the commercial expansion has been eliminated) Delete note Amendment No 5 on the proposed March 8 6 Master Plan 35 Replace "club" with "restaurant" on note 2 of the Master Plan ~~ ./ / Create a revised Master Site Development Plan Amendment No 8 dated today, May 20, 1997, consistent with tonight's City Commission action and direct staff to generate a new proposed Ordinance incorporating the revis~d May 20 Master Plan Amendment ------- :.~~ /hl-/lL5~l() (1t f~~~?~ vy~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 97-213 TO Chamnan and Members Planrung and Development Board FROM Tambn J Heyden, AlCP 7J ~ Plannmg and Zorung DIrector DA IE May 8, 1997 SUBJECT Quantum Park - MPMD 97-0011DRIA 97-001 Master Plan Amendment No 8 (combine land uses, add optIOnal uses to lots. sever Quantum Boulevard) NA TIJRE OF REOUEST Quantum Park of Commerce, a partially bullt-out Development of Regional Impact (DR!) comprised of 539 9 acres, zoned PID (Planned Industnal Development), IS located on the west side of 1-95, between Mmer Road extended and the Boynton (C-16) Canal (see attached locatIon map - ~xhiblt "A"). james G Willard, EsqUire and agent for Quantum Associates, property owner of the Quantum Park of Commerce, has requested an amendment to their DRI development order, Ordinance No. 84-51 as amended by Ordinance No. 86-11, 86-37, 88-3, 94- 10,94-51,96-33 and 96-65 The proposed amendments which revise the master plan (master site development plan) are as follows. 1) Change in traffic distribution due to possible future severing of Quantum Boulevard between lots 22 and 31 and lots 6 through 11 2) Change in the master plan designation of lots 6, 7. 8. 9. 10. 11. 22, 23. 24, 25 26.27,28,29.30.31.2,3, 15, 16 and 40A from office to offlcelindustrial use, 3) Change in the master plan designation of lots 1, 66. 67 A and 67C from offtcelhotel use to officelindustriaVcommercial use; 4) c;w,g. in the master plan designation of lots 12, 13 and 14 from office/research Ind development to office use; 5) CMnge in the master plan designation of lots 32. 33, 34A. 348, 35, 36, 37 and ' 38 from offtcelindustrial to industrial use; 6) Change in the master plan designation of lots 17.18.19,21.39. 52.83,84 and 85 from offtce to officelindustrial/commercial use; 7) Change in the master plan designation of lot 40 from offtc:elgovemment and institutional to government and institutional use; 8) Change in the master plan designation of Iota 58. 59. 80. 61 and 62 from industrial/research and development to offtcelindustrial use; 9) Change in the master plan designation of lots 88. 87. 88. 8eA, 898 and 90B from research and development to officelindustrial u..; 10) Change in tM meeter plan deslgmliion of Iota 8!A. 858. 678 and 91 from officeJhotel/commercial to office/industrial/commercial UN; 11) Change in the master plan designation of Iota 83 and 84 from otftcelcommercial to offtcelindustriallcommercial use; 12) Change in the master plan designation of lot 90A from research and development to government and institutional use; I Pace 2 Memorandum No. 97-213 Quantum - MPMD 97-001/DRIA 97-001 13) Change in the master plan designation of lots 68A and 68B from research and development to office/industrial/commercial use, 14) Change In the master plan designation of lots 56, 57, 69. 70, 72, 73A, 73B 74 and 75 from industrial to office/industrial/commercial use, 15) Change in the master plan designation of lots 46A, 48A, 48B 48C, 50A, SOB 51 Band 510 from industrial to office/industrial use, 16) Change in the master plan designation of lots 76, 77. 78 and 79 from industrial/commercial to commercial use, 17) Change in the master plan designation of lot 80 from industriaVcommercial to commercial use, and T8) Change In the master plan designation of lots 81 and 82 from industrial/commercial to office/industrial/commercial use. BACKGROUND . The amendment request IS governed by Section 7 of Appendix A. Zoning, City of Boynton Beach Code of Ordinances, which establishes Planned Industrial Development Districts and by Chapter 38006 (19) (e) (2), Florida Statutes. Developments of Regional Impact - Substantial Deviations. This amendment is submitted In connection WIth a request from the applicant that: I) the city make a determination that the master plan amendment is not substantial in nature and 2) the proposed change to the Quantum Park DRI development order a) is not a substantial deviation and b) does not require further Development of Regional Impact review A public hearing must be conducted by the City Commission prior to making a detemunation as to whether the proposed change is substantial in nature and whether further development of regional unpact review is required. If no further reVIew is required, the City Commission shall ISSue an amended development order which, m this mstance, requires the passage of an ordinance which amends the original development order If a determination is made that the proposed change requires further development of regional impact review, the review shall be conducted only on those aspects of the development order requited to be changed. The required public hearing shall receive a fifteen (IS) day public notice, following the passage of thirty (30) days, but not more than fony-five (45) days after receipt of the amendment mateiia1s. The City Commission will conduct its hearing on May 20, 1997, as advertised. and If the City Commission determines the proposed changes to be non-substantial, with no further review required, first mIrliol of the amended Quantum Park development order (an ordinance) will occur on May 20, 1997 as well. On December 17, 1996, the City Commission approved an amendment to the Quantum Park master plan 1D connection with the seventh amendment to the Quantum Park DR! development order At this time, the Commission agreed to retain note 4 on the master plan in exchange for Quantum Park preparing a revised master plan having a "use trading matrix", prior to any future change to a lot designated commercial on the Quantum Park master plan. Note 4 reads, "Lots ~ Page 3 Memorandum No. 97-213 Quantum - MPMD 97-001/DRIA 97-001 WithIn the project may be changed/relocated by approval of the City Commission without funher DRI review or amendment." The subject request has been submitted to address the Commlsslon's December 17, 1996 duectlon to the applicant which IS necessary now to allow approval of a restaurant (commercial) on the recently approved Hampton Inn parcel (lot I). ANAL YSIS 7 Exhibit B contains the proposed master site development plan. Added to each lot Impacted by '-) tJus request are the current approved land use deSignations for ease of comparison Wlthm tJus exhibit. The chan below swnmanzes the number of lots Impacted by this request. .. '\.. \ -" \ \. -- -,-- _ -l_ -------L.. .__-'-_ 'R FROM TO NUMBER OF LOTS I LOT NUMBERS Office Office IndusO'ial 21 6.7.8,9,10,11.22.23 24,25,26,27.28.29 30,31,2,3,1 S 16,40A OfficeMotel Office lndustrial Commercial 4 1 66, 67 A, 67C OfficeIResearch &: Development Office 3 12,13 14 Officellndustrial Industrial 8 32,33, 34A, 348, 3S 36,37 38 Office- Office lndustrial Commercial 9 17.18, 19,21 39 52, U, 84, 8S Officel Government &: lDstitulional Government &: lnstiturional I 40 IndustriaVResarc:b A OIYelopmCDl Office lndustrial S S8,S9,6O,6162 Research . Dl_ I ...... Office lndustrial 6 86, 87, 88, 89A. 898. 90B OfficcIHoeeue_L..~'" Office Industrial Commercial 4 6'sA. 6,SB, 67B. 91 Office/Commercial Office Industrial Commercial 2 63,64 Resem:h &: Development Government &: Institutional 1 90A Research &: DevelopmeDt Office Industrial Commercial 2 68A. 68B Indusaial Office Industrial Commercial 9 S6, 57, 69, 70. 72. 73A. 73B, 74, 7S Industrial Office Industrial I 46A, 41A, 488, -ISC. 'sOA, SOB, ,s 18, S 10 IndusviallCommercial Commercial 4 76, 77, 78, 79 lDduslrialICommercial Commercial 1 10 IndusviallCommercial OtBc:eIIndustria1/Commercial 2 81,12 As shown in the chart above, the option of industrial is being added to a net of 34 lots; the option of commercial is being added to a net of 24 lots; and the option of office is being added to a net of2110ts. Exhibit C graphically illustrates the lot locations of the optional land uses of primary 3 Page 4 Memorandum No. 97-213 Quantum - MPMD 97-0011DRlA 97-001 Interest. In general terms, Industnalls beIng added to the northwest comer of the PID (adjacent to the Dos Lagos PUD), at the northeast comer of Gateway Boulevard and High RIdge Road and on the south side of Gateway Boulevard, between Quantum Lakes Dnve and Park RIdge Boulevard. Commercial IS bemg added to the lots along the eastern segment of Park RIdge Boulevard (mcludmg four lots the back up to 1-95). Both commercial and mdustnal are bemg added along Gateway Boulevard. The effect of tlus. If approved. would be to allow commercial uses along the entire stretch of Gateway Boulevard (excludmg three BGllots) and abuttIng 1-95 With any redistribution or redeslgnatlon of land use WlUun the master plan, the followmg local Issues are evaluated. Does the redistribution/redeslgnation of land use result in a change in concept for the Quantum Park of Commerce or the ability of the Park to develop in a quahty manner? 2. What Impact Will the land use redlstribution/redesignation have on projected expenditures which will be spent WlthIn the regIon? . 3 Does the Impact of the land use redistribution/redesignation result in a conflict with the nwnber, type and payroll level of jobs projected m Quantum Park's Application for Development Approval (ADA)? 4 What impact will the land use redistributionlredesignation have on adjacent property? 5 Will there be an increase m traffic resulting from the land use redistributionlredesignation? Regardina issue-oae above, last summer, the applicant submitted a master plan amendmentIDRI amendmCllt.. allow, among other things. the option of commercial on all 1-95 abutting lots, most of .. ... side of the eastern segment of Park Ridge Boulevard, as well as along the Gateway 8GaIIvard corridor east of Quantum Lakes Drive. As a condition of approval, the applicant was required by the Commission to not only limit the total Kl'eS of commercial, but designate the exact location of those 47 acres. This was in response to the following concerns which city staff believe apply to the subject request as well. a. The "option" of commercial on such a large number of lots defeats the purpose of master planning and will lead to spotty locating of commercial uses with no consideration of adjacent uses. b. Commercial uses, which draw customers, pedestrians and vehicles, haphazardly mixed with industrial uses, which require greater tractor trailer traffic, is potentially unsafe and is not recommended by transportation plannen. c. Adding the option of commercial use on lots alona Qatcway Boulevard and High Ridge Road and along the railroad trKb and 1-95 will impect the type of commercial ventures interested in locating in Qwmtum Park. This shift will attract commercial uses such u service stations, fast food restaunIIIS, oil change garages, and S1rip commercial that will be interested in the 1-95 visibility and capturing external project traffic, with little relation to the planned industrial park. d. In the vicuuty of Boynton Beach Boulevard and Old Boynton Road, west of Congress Avenue alone, there IS already 500,000 square feet of commercial square 4 Page 5 Memorandum No. 97-213 Quantum - MPMD 97-0011DRlA 97-001 footage approved. unbuIlt and vested smce 1990 These approvals, as well as the VIsions 20/20 commercial revttahzauon efforts planned for Federal Highway, ~111 be compeung With the pnme visibihty, lugh traffic commercial lots proposed In Quantum Park. due to the type of commercial uses that wtll now be mterested In locatmg m Quantum Park. Smce the demand for commercial land use is firute, some eXlstmg commercial uses WithIn the City may migrate to Quantum Park. e. Strip commercIal and the types of commercIal uses that will be interested m locatmg close to the 1-95 interchange Will lead to re-subdiVlsion of the majority of the proposed commercial parcels along Gateway Boulevard into smaller parcels and the creation of outbwldmgs, whIch wIll increase the appearance of more commerCial use in the PID This IS because, although the land area would not mcrease, more commercial buildings would result smce the types of commercial referenced reqwre. smaller parcels than IS currently platted along Gateway Boulevard. Also. there would be the potential for stacking of bwldings and signage; all competing for Visibility and access to remam Viable; factors less important for office and manufacturing uses. f. As stated in the zoning code. "The purpose of the pm district is to proVIde a zorung classIfication for hght industnal development that win better satisfy current demands for bght mdustrial zoned lands by encouraging development which Will reflect chanWes in the technolo~ of land develo!,ment and relate the development of land to the specific site and to conserve narura1 amenities." The increased opnon of commercial space causes a shift in the image of the pm, especially as viewed from the 1-95 interchange; one of the major gateways to the city This shift has no connection to any change in industrial technology and the demand for industrial land. Rather than creating unique opportunities for development not provided elsewbae in the city, the shift competes with other areas ofthc city g. Ja ... been argued by the applicant that the city can control undesirable commercial ... tbroup the use approval process. The use approval process is the method devised for a PID to establish uses permitted for a specific PID district, rather than establish in the zoning code a ngld list of permitted uses. This method was deVIsed for flexibility and to keep up with technology as new usa are created in the marketplace. However, to allow blanket approval of commercial. without considering locational impacts. defeats the purpose of master planning and weakens the city's ability to deny a specific commercial use at the time of use approval if a parcel bas already been designated for commercial use. h. The proposed commmial option of all the lots south of Gateway Boulevard that back up to the railroad tracks and 1-95 win encourage further conflicts with the PID peripheral greenbelt required to be installed along the railroad tracks and the approved Quantum Park sign program. This is due to the desire of these uses. more so than other uses. to have unobstructed visibility of buildings, signage and exterior storage and display areas from 1-95. examples of wbich can be seen within other cities alooa 1-95. This was the reason thN ttw! majority of thA commerciallot~ are located intemally to the park on the approved muter plan. i. Over the past two years, there has been increasing interest in loc.ti"g manufacturing uses within Quantum Park. In recognition of the city's need to attract research and development and light mdustrial uses to diversify its economic base, the city aggressively pursued BOI to locate m Qumtum Park. The city also identified economic development as one of its visioning goals. Towards that end an economic /'" .:::J -~----------- Page 6 Memorandum No. 97-213 Quantum - MPMD 97-0011DRIA 97-001 -aggressively purSUed -SGlto-locate....ln QuantllQ:1 ~af~e--i*ty-aliO-1dentlfied economJe--de-vrlo-pment as one oftls--\llswrung goali. Towards that end an econonuc development dlfector was lured last September and an economic 1Ocenl1ve program for Quantum Park was adopted applicable to developments bringmg m a certain nwnber of Jobs. The Jobs however, also needed to pay a certain minimwn salary Also, as one of the City'S recently adopted "quick victory" vislOnmg proJects, a fonnal marketIng program Will be developed withm 90 days to further promote Quantwn Park as an 10dustnal park. As a point of 1Oterest, Boca Raton IS currently processing a DR! for the vacant IBM bwlding and 500 acres m the vIClruty for a 5 rmllion square foot light mdustnal park! This action signals further compel1tion, and also indicates a strong market at t1us time for hght tndustnal uses. Regarding issue two above, It IS anticipated that the proposed master plan changes Will have no effect on the projected expendItures wruch wdl be spent within the region. Regarding issue three above, It 15 believed that the proposed master plan changes will have an effect on the nwnber, type. and payroll level of Jobs projected 10 Quantum Park's ongmal application for Development Approval (ADA). This is because allowing the option of commercial on lots with high visiblhty, and high pass-by traffic will encourage development of these lots as commercial over industrial. The pay range for service sector Jobs is smaller and industrial acreage provides a greater ownber of Jobs than commercial acreage. Jobs salanes are, in turn, hnked to home prices. Attracting rugher priced residential developments was also a Visions 20120 objective. Regarding issue 4 (impact on adjacent property), there is a concern with locating industrial uses adjacent to the Dos Lagos PUD. This is based 00 the experience the city has had with complaints from the residents soUlh of Quantum Park regarding truck, radio and voice noise and early hours of operation of the iDduItrial uses along the south border of the Park and as far away as the Publix Distributioo C J . 1be buffering proposed wiU only provide visual, and not auditory, mitigation due to the inll.&J..A iDcompatibility of these uses. RegardiDa i-. 5 (1rIfIic), the city does not have a traffic engineer or traffic planner on board and does not budget for outside review of submitted traffic studies, ~fore the city must rely on the regional plsmning council's (RPC) review of Quantum Park's traffic study Exhibit "0" contains the RPe's comments on the study It also contains FOOT's traffic comments (OD state roads only) and the project traffic engineer's response to the RPC's co1DlDCJltS. The RPC, nor Palm Beach County, had sufficient time to review the traffic engineer's response prior to the writing of this report. Therefore, traffic concerns will have to be resolved prior to Commi$SiOD approval of ttus request. As a point of information, staff has also asked the RPC to make a recommendation regarding the timing of the wideDinl of Gateway Boulevard. The development order indicates that this was to be done by the end of 1994 Since build out of the project bas occurred more slowly than e~ this timeframe needs to be adjusted accordingly , In addition to the redesignation of lots for greater flexibility, Qtpmtum Park Boulevard is proposed to be severed. This would allow consolidation of lots in this area for development by ODe industrial user. Althoup this will require a future abandorunent application to be processecl it \'.= included at this time bee8use it is a regioaal issue and potentially implCtl the ORl's road system due to redistribution of trips. Staff concerns from En~, Recration and Pub, Utilities and Fire Departments regardins this severm, are included in Exhibit up" . Conditions of Approval. c Page 7 Memorandum No 97-213 Quantum - MPMD 97-00 liD RIA 97-001 RECOMMENDATION To address the cOnflIcts staff has raIsed w1th thIs request's 1mpact on the CIty'S objective of actIvely promot1Og Quantum Park as an 10dustrial park, staff recommends the land use designat10n changes 11lustrated on ExhibIt "E" These changes mclude the followmg. deletion of industrIal on lots 3 and 22-31, 2 addmon of industrIal on lots 12-14, 3 deletIon of commercIal on lots 17-19,21,39,52,56,57,72,70,69, 73A, 738, 74, 75, 83-85, 68A and 68B, 4 deletion of commercIal, but retam10g hotel use on lots 66, 67 A and 67C, 5 addition of office to lots 32, 33, 34A, 348, 35, 36, 37 and 38. Pursuant to Florida Statutes, Chapter 38006(19) Substantial Deviations, the submitted amendment IS conSIdered to be an (e)(3) type change (a change not speCIfically clasSIfied elsewhere under state law). Under (e)(3) changes, the applicant must provide "clear and convincmg evidence" supporting that his requested changes do not constitute a substantial deVIatIon. The only aspect of tlus request that might poSSibly constitute a substantial deviation 1S the redIstribution of traffic caused by the large fleXibilIty of land use allocation m the project. Therefore, staff recommends approval of tlus request, subject to staff comments 10 Exhibit "F" - CondItions of Approval, which must be addressed prioe to adoptIOn of the ordinance amend10g the developmeot order Staff further recommends that the commission determine that thiS application doa DOt constitute a substantial master plan change pursuant to local codes and does not constitute a substantial deviation under state law TJH.dim Attachments xc. Applicant Central File S:\P1anninl\SHARED\WP\PROJECfS\QUAN11JM\MPMD\staffrcport.doc 7 EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION A Tract of land lying partially in Sections 16, 17,20 and 21, Township 45 South Range 43 East, Palm Beach .County Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17, thence North 1 E44'39" East. along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R. Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89E04'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1 E44'39" East, a distance of 124706 teet to the South right of way line of L.W 0 D Lateral 21, thence North 89E08'49" East along the South right of way line L.W DO Lateral 21, as recorded in o R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635 93 feet to the centerline of the L.W DO Equalizing Canal E-4, as recorded In 0 R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750 00 feet. a central angle of 4E04'17", and an arc length of 53 29 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'00" East, a distance of 32069 feet to a point of curve, thence with a curve to the left having a radius of 6500 00, a central angle of 3E28'30" and an arc length of 39423 feet; thence North 9E06'30" East, a distance of 1979 16 feet to a point on the North Line of Section 17, thence with a bearing of North 89E16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" East, a distance of 2625 18 feet; thence North 89E08'49" East, a distance of 368 96 feet to a point on the North right of way line of N W 22nd Avenue as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19E27'31" East, a distance of 50 00 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of 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 91572 feet; thence North OE31'11" East, a distance of 399 70 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 130909 feet to :l point on the centerline of N W 22nd Avenue, thence North 88E27'31II West, along the centerline of N W 22nd Avenue a distance of 672 97 feet; thence South OE33'S3" 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 13E1S'22" West, a distance of 920 57 feet; thence North 88E50'04" West, a distance of 187 60 feet; thence with a bearing North OE49'21II West, a distance of 200 00 feet; thence North 88E50'04" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 40 00 feet; thence South OE49'21" East, a distance of 55684 feet; thence North 88E50'04" West, a distance of 361726 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5E18'14" West, a distance of 153 13 feet, thence with a curve to the right having a radius of 450 00 feet, a central angle of 15E36'44", and an arc length of 122 62 feet; thence North 1 OE18'30" East, a distance of 988 60 feet to a point of curve, thence with a curve to the left having a radius of 450 00 feet, a central angle of 18E20'00", and an arc length of 143 99 feet; thence with a bearing of North 8E01'30" West, a distance of 1255 14 feet to a point on the centerline of N W 22nd Avenue, thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 817 85 feet more or less to the Point of Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record S \PROJECTS\QUANTUM\OVERALL BOUNDARY LEGAL DESC .W1 ~ -= ~ .-. ... tI'W ., i ~ ~.. I I _I 1 , iI. r. '\l \ . 'i - I . I ill il{ jil . ({ ----, I ( \\ ~,- 1- .1_ -,r i l r- ! p R[VISED YASTt1I !'UN .1IENDlIENT NO. , ... T 20. It" &......._~c-.. = :-:r.:. -=-~~:=.:.-:. ---.-.,- --._~_...-------_.. ~~.:.::~:.~..-:..-. :.~ .:::I'...",-:.-=-_ ===-..:-.::=~-===-- ~ ----...----..... 0- MASTER SITE DEVELOPMENT PLAN KEY PLAN LEGEND ~ L-- ..- ---- ecMI cc--.... 111J ... ... ~. .... ..... O.I(~~ __.... o (~J 21.,.,... CI (01IIII.......... 'IAn .... ex (....~~ nl..... CIIlI (.......,.....~J .... ... --- I.. .... ... .... ..... 40.. ..... ... 41.IJ .... ...- Q OUANTUM ASSOCIATES Nallonal Cf Con'or I '5 Wo81 ~a.hlnlllan 51. Indlanapoll.. IN .IZ04 (317) 131-1100 ~tCI==f ,- f ;;, fuD li4dr(/' J~td.>> J ,fL1Q I II FORM RPM-BSP-PROPCHANGE-1 mrn@rnowrnf':1 If' . ," n I : II i, ! ,I i' ..! to.. ! L__._-.--_ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive. Tallahassee, Florida 32399 904/488-4925 ... Zt;.; ~J J~.. QUANTUM PARK NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES APPROVED Subsection 380 06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form 1 I, JAMES G WILLARD, the undersigned authorized representative of QUANTUM ASSOCIATES, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380 06(19), Florida Statutes In support thereof, I submit the following information concerning the QUANTUM CORPORATE PARK (formerly known as BOYnton Beach Park of Commerce) development, which information is true and correct to the best of my knowledge I have submitted today, under separate cover, copies of this completed notification to City of BOYnton Beach, to the Treasure Coast Regional Planning Council, and to the Bureau of ~ 17,11'7 (Date) , State Planning, Department 2 Applicant (name, address, phone) Quantum Associates, a Florida general partnership Attn Arthur Felsher National City Center 15th Floor, East Tower 115 West Washington Street Indianapolis, Indiana 46204 317/263-7035 (Office) 317/263-7303 (Fax) 3 Authorized Agent (name, address, phone). James G Willard, Esquire Shutts & Bowen 20 North Orange Avenue, Suite 1000 Orlando, Florida 32801 407/423-3200 (Office) 407/425-8316 (Fax) 4 Location (City, County, Township/Range/Section) of approved DRI and proposed change The Quantum Corporate Park DRI is located in Sections 17 and 20, Township 45 South, Range 43 East, Palm Beach County, Florida 5 Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. -2- Applicant proposes the following changes to the Development Order A Adoption of Master Site Development Plan Amendment No 8, attached hereto as Exhibit "A" This Amendment accomplishes two objectives First, it simplifies the land use designations on lots within Quantum Park by reducing the number of categories of approved uses For example, we propose eliminating separate designations for "Club" and "Hotel" use These would be permitted uses within the more generic "Commercial" designation Similarly, we propose eliminating the term "Research and Development" which would now be a permitted use under the broader designation ot "lndustr~al" The second objective is to increase marketing flexibility for the remaining unsold lots by providing multiple land use designations on the lots which are appropriate for such potential land uses Although many lots would now carry multiple use designations, the overall intensity of development within each category would still be subject to the originally approved maximum levels Because of the wholly developed infrastructure of the project, i e all land is platted with completed roads, drainage and utility infrastructure, applicant contends there is no adverse impact from the potential relocation of land uses within the project As a result of the pre- application meeting with the City of Boynton Beach and Treasure Coast Regional Planning Council, the applicant was directed to focus on transportation impacts In accordance with the analysis performed by the applicant's transportation consultant, Kimley-Horn and Associates, attached hereto as Exhibit "B", it is submitted that no adverse traffic impacts would result from the proposed change B Provide for the potential redevelopment of Lots 22 through 31 and 6 through 11 (located in the northwest portion of the project) in conjunction with the abandonment of Quantum Boulevard contiguous to said lots Marketing efforts over the last twelve years have confirmed that there is little, if any, interest in the -3- acquisition or development of the subject lots because of their small size and substandard dimensions However, several prospects have indicated interest in combining these lots into a custom development site, provided Quantum Boulevard could also be vacated through this area Because of the limited transportation function served by Quantum Boulevard, the applicant contends that such a reconfiguration and partial vacation of the road can be accommodated without adverse traffic or other impacts to the balance of the project Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting ~pacts. 6 Complete Chart for no change the attached Substantial Deviation Determination all land use types approved in the development. If is proposed or has occurred, indicate no change No change to the DRI is proposed other than as set forth in paragraph 5, above Because of the multiple land use designations on many of the lots within the DRI project, the Applicant submits that completion of the Substantial Deviation Determination Chart would not be productive 7 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i e, any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Original Development Order December 18, 1984 First Amendment to Development Order June 3, 1986 -4- Second Amendment to Development Order October 21, 1986 Third Amendment to Development Order February 2, 1988 Fourth Amendment to Development Order April 19, 1994 Fifth Amendment to Development Order November 15, 1994 Sixth Amendment to Development Order July 16, 1996 Seventh Amendment to Development Order December 17, 1996 The purpose of each amendment was to change the Master Site Development Plan to achieve more flexible land use approval There has been no change in local government jurisdiction for any portion of the development 8 Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within ~ mile on a project master site plan or other map No additional lands were purchased or optioned since the approval of the initial Development Order 9 Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380 06(19) (b), Florida Statutes Because the proposed change does not seek to add any development intensity to the DRI, Applicant contends that the -5- proposed change is therefore less than 40% of any of the criteria listed in paragraph 380 06(~9} (b), Florida Statutes Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e)2., P.S. YES x NO 10 Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates The proposed change does not result in a change to the buildout date or any phasing date of the Project 11 Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require an amendment to the local government comprehensive plan 12 An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions The proposed Amended Master Site Development Plan is attached hereto as Exhibit "An 13 Pursuant to Subsection 380.06(1) (f), F.A , include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify a All proposed specific changes to the nature, phasing, and build-out date of the development; to development order -6- representations in the Application for Development Approval, to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts, to structures or to other improvements including locations, square footage, number of units, and other major characteristics or components of the proposed change, b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development, c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable, d. A proposed amended development order termination date that reasonably reflects the time required to complete the development, e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable, and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), P.A.C. The proposed Amended Development Order is attached hereto as Exhibit .e. -7-