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LEGAL APPROVAL 4It.~ .. . I I - ORDINANCE NO 094-.61 AN ORDINANCE OF THE CITY COMMISSION 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 AND 94-10, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006, FLORIDA STATUTES, 1994, 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 AND 94-10) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Quantum Associates, a Florida general partnership ("Developer") is the current owner and developer of the remaining vacant land within the project commonly known as Quantum Corporate Park at Boynton Beach Development of I Regional Impact (sometimes hereinafter called the "Quantum Park DRI"), and I WHEREAS, the original Development Order for the Quantum Park DRI was approved by the City of Boynton Beach (the "City") by Ordinance No. 84-51 and amended by Ordinance Nos. 86-11, 86-37, 88-3 and 94-10 (hereinafter collectively called the "Development Order"), and WHEREAS, the land subject to the Development Order is described therein as the "Property" and is incorporated herein by reference, and WHEREAS, Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan to reflect the use of a portion of the Property previously designated for office use to be redesignated for office/research and development use,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 (1994), 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 15th day of November, 1994, and ,.,u~n~aLl' __:-1 "':.... "'___ __ __ L__ ____ -'___ -1 _II _1.aL _ .1_ _ _ _. .. ~ r; I ~ I I - !, I I Section 3. Upon consideration of all matters described in Section 380 06, Florida Statutes (1994), it is hereby determined that. A. The amendment proposed by Developer does not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendment proposed by Developer is consistent with the local comprehensive plan and local land development regulations. C The amendment proposed by Developer is consistent with the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings. D The amendment proposed by Developer does not constitute a substantial deviation under Chapter 380 06, Florida Statutes (1994) 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 (1994), 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. FIRST READING this / day of November, 1994 SECOND READING and FINAL PASSAGE this /0 day of November, 1994 CITY OF BOYN ON BEACH ~ \ ~'l Mayor U ~f~ ~- Mayo P Commissioner ATTEST ,-./ - ~~(~ . ~ ... 'f \,. .~ ~ E><. >>I~' -r A ~ oq~/s1 I ~ ==",," ~.bI' . 0)\1 . :" I r I~ I11J 00;' -0'; ~ .\ f-' - .-... ) MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1994 a vised that one was put out about a month ago. City Manager Parker will check n this matter. 5. Proposed Ordinance No. 094-51 Re Amending Development Order for Quantum Park City Attorney Cherof read Proposed Ordinance No. 094-51 by title only. Motion Commi~sioner Aguila moved to approve Proposed Ordinance No. 094-51 on first reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. C. Resolutions 1. Proposed Resolution No. R94-157 Re Authorize execution of agreement between the City of Boynton Beach and the Boynton Beach Association of Firefighters. Local 1891, I.A.F.F. for 1993 through 1995...............................................TABLED City Attorney Cherof advised that this item is ready to be removed from the table. Motion Commissioner Aguila moved to remove this item from the table. Vice Mayor Matson seconded the motion, which carried 5-0. City Attorney Cherof read Proposed Resolution No. R94-157 by title only. He advised that this collective bargaining agreement is essentially in the same fonn that was provided to the Commission when this item was first on the agenda, and is consistent will all the items discussed in the Executive Session with the following exception The duration clause provides that the agreement will con- tinue on, in effect, beyond September JO. 1995. This is the language that we have had in the contract from year to year. We could not reach an agreement to fix the expiration date of the contract as of September JO, 1995. However, as he has previously told the Commission, he does not think that makes any differ- ence under the current status of the case law in Florida. The Commission will have the power to appropriate funds for the monetary portions of the contract beyond that point. or not to appropriate funds after that particular point in time. He recommended that the Commission ratify the collective bargaining agreement as signed off on by the parties. .. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-157. Commissioner Aguila seconded the motion. Commissioner Katz asked if the firefighters have any problem with this agree- ment. City Attorney Cherof advised that this last provision regarding duration - 12 - ....',... MINUTES - CITY COMMISSION MEETING BOYNTON BEACHt FLORIDA NOVEMBER It 1994 has been taken care of over the last several days. All of the other provisions of the contract were reviewed and agreed to. This was confinmed late this afternoon. The motion carried 5-0. 2. Proposed Resolution No. R94-185 ~thorize execution of lease between the City of Boynton aeith and Association for Retarded Citizens of Palm Beach Cou~ to use two classrooms in the old high school building ,~ .( ,. , City Attorney Cherof read Proposed, ae"sol uti on y , Motion .- issioner Katz moved to~pprove Proposed Resolu n No. R94-185. 'fssioner Aguila seconded the motion, which c ied 5-0. AY " 3. Propo~d Resolution No. R94- Re Authorize execution of annexation agreement betwe the City of Boynton Beach and Palm Bea'th Groves ." City Attorney",ch'erof read. (..oposed ~utlon Motion .. ./ /. ,{i'. r " Vice M~r Matson m~d to~rove Prop ed Resolution No. R94- Comm~oner A9U~;;rSeco~~the moti ,which carried 5-0. 4. &topose' esolution o. R94-187 Re Aorize execution of Adden" I to Conc tua 1 Agreement f the Rosemary Scrub or Acqu' it ion proj Motion Commiss Matson 5. City Attorney Che 0 Motion Commissioner Katz moved to approve Pr ose Matson seconded the motion, which ca R94-188. Vice Mayor - 13 -