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LEGAL APPROVAL DEVELOPME - - ORDER OF THE CITY COMMlsr -"N OF THE CII ., OF BOYNTON BEACH, FLORIDJ-\ PROJECT NAME Quantum Park NOPC/Master Plan Amend #11 APPLICANT'S AGENT Eugene Gerlica/Quantum Group of Companies APPLICANT'S ADDRESS 2500 Quantum Lakes Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION February 20,2001 TYPE OF RELIEF SOUGHT Notice of Proposed Change (NOPC) to the Quantum Park DRI Development Order to change the Master Plan land use designations on Lots 7, 8, 9, 10, 11, 23, 24, 25,26,27,28,29,30 and 31 LOCATION OF PROPERTY Quantum Park DRI DRAWING(S) SEE EXHIBIT "C" ATTACHED HERETO THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida 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 conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof .lL DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. DATED All further development on the property shall be made in accordance with the ~W\mRf1I! and conditions of this order '#\\\'or 80 :III/~ .;$!- ,L ~ .......... IV... % s '" .' CO"',,', 'o~ ~ Oth .:::' '" ",,~ ....,..0... ~ er ::::: (,) l ~"'. "t- :::. . '"-y.-- i :..\1 OJ :: m: m = :. \. vo:c)~ g ~ .-(\ .... ~ -~;: . v ,~ ;:: ~ 0 1:/...... ~ ~/II: IDA ~\\~ 1111111/111\\\\\\'\ 6 7 -01 - '" " EXHlBlT lie' \ I!: . - ;.IlIlIlIi a:''1 b \ ! I I \ \ \ t i i i i i i i i i i i i i ~ t l i;; s u i ~!.!. ~ I - ~t~ ~,. , 1;; II" ~~11n i l ~ ll!l1111lili!- 'I ! ~ 8i1mi~i! 1 ttl .. I '.. ; = s : = : : : I : a ~ ~ i : ~ = = ~ : · i i i 0. ~~ %!i ~... . ~~l .;J.Id & ~ vi - b~.S~~i ~ s- 0 \-rr1 I ! 3 . s ~ 1 i ~ , 1 t 1 ! I ~ V 'II r. I ! " 11 1 \ \ ~ 0. 2 ~ 5 .~ uw"--=-~ ~ a.: cc.~ 7l ~ . , .. . .. ~ . : j ! J : . i ~ It ]; IS Ill' _Iia .t .' :tH " , 0 t . .. 1 , . , ~ t , :s I ~ "3/1" ~ ,\ I Ii I 11 i I it 1 ~ I II i ;: \\\\ i \\ \ , 11'1\ \ 1 u t il it t. !: ~ , 1 \. n i', ~ ~ i i \ ~ lI!lIt"' \1\ \ ' I i\\\~\hnH ~ ,. il' . . &IJ" ..... .".,,,. ...u........'" ,...... . i I ~ ---------- ~-------- Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 the Comprehensive Plan by adopting the proper land use from Local Retail Commercial (LCR) to High Density Residential (HDR) Attorney Cherof read Proposed Ordinance No 01-11 by title only Mr Herb Suss feels that this project is going to result in traffic havoc and is opposed to the project. Mr Suss stated that every time the City wants to do anything, the zoning is changed Perhaps it is time to have new zoning standards in the City Motion Commissioner Ferguson moved to approve Proposed Ordinance No. Weiland seconded the motion City Clerk Kruse polled the vote. (Commissioner Black dissenting) 01-11 Vice Mayor The vote was 4-1 B Ordinances - 1st Reading 1 Proposed Ordinance No. 01-12 Re Amending the City of Boynton Beach Code of Ordinances to change the Senior Advisory Board meeting schedule from monthly to quarterly Attorney Cherof read Proposed Ordinance No 01-12 by title only Motion Commissioner Black moved to approve Proposed Ordinance No 01-12. Vice Mayor Weiland seconded the motion City Clerk Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 01-13 Re Amending the City of Boynton Beach Code of Ordinances for Planning & Development Board meetings regarding the fourth Tuesday of each month Attorney Cherof read Proposed Ordinance No. 01-13 by title only Commissioner Ferguson noted that the intent of the ordinance is to reduce the Planning and Development Board meetings from twice monthly to once a month, however, the Chairman has the ability to call a meeting anytime he sees fit. Commissioner Ferguson questioned the rationale of the ordinance. Motion Commissioner Black moved to approve Proposed Ordinance No 01-13 Motion seconded by Commissioner Ferguson City Clerk Kruse polled the vote The vote was unanimous. 3 Proposed Ordinance No. 01-14 Re Providing for a determination whether changes to the Comprehensive Development of Regional Impact approved in Ordinance No 84-51, and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05 and 00-02 constitute a substantial deviation under Chapter 380 06, 17 , ,., .., Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 Florida Statutes, 1996 and whether further development of Regional Impact review is necessary regarding such changes, approving such ...",., changes and amending the Development Order for purposes of incorporating the approved changes Attorney Cherof read Proposed Ordinance No 01-14 by title only Commissioner Fisher asked if staff had any updates on this item Mr Quintus Greene, Director of Development and CRA Director, took the podium and said that staff was prepared to discuss the technical merits of this case. In August 2000 the City Commission held a goals' retreat where 55 strategic initiatives in eight broad categories were developed One category was entitled "guiding appropriate development and redevelopment in Boynton Beach" Within this category were two high priority initiatives, one to develop an outline and action plan the Federal Highway/Martin Luther King/Boynton Beach Corridor The second high initiative was for promotion of development in the City that would contribute to the diversification of the City's economy Staff feels that issues in this case go against the strategic goals outlined by the Commission less than one year ago. Mr Greene pointed out that the representatives from Quantum Park are on record that they are proposing a new downtown for Boynton Beach in Quantum Park. This is in conflict with the Commission's goal of revitalizing downtown along Federal Highway It is the opinion of the City's professional staff that Quantum's proposal is not only inconsistent with the goals of the Commission, but has the potential to actually damage existing and future revitalization efforts by diluting the multi-family residential market necessary to support the commercial rebirth of downtown Boynton Beach ., Also, Mr Greene pointed out that Quantum's proposal is inconsistent with the goal of promoting development that would contribute to the diversification of the City's economy This proposal removes 23 acres of land from an industrial land use category and converts it to residential development. This would be in addition to the more than 60 acres that were removed from an industrial category in the same area for essentially the same purpose just one year ago. Staff recommends that the proposed modification of the Quantum Master Plan be denied Commissioner Fisher pointed out that Boynton Beach currently has 6,000 apartments, Delray Beach has 4,000 and Boca Raton has 4,000 and questioned if a new analysis should be undertaken from an apartment point of view on how much the City could absorb Commissioner Fisher said that he did not see enough commercial construction in Quantum to support additional apartments at this time Vice Mayor Weiland noted that last March the Commission was asked to approve 500 residential units in Quantum Park and this was agreed to by all parties. Now Quantum is coming back asking for an additional 500 apartments before the first shovel of dirt has been turned Vice Mayor Weiland felt that 500 additional apartments was not warranted in Quantum Park. Commissioner Black felt that the Commission should follow staffs recommendation Commissioner Black noted that when the first project was approved last March, there is still no permit waiting in City Hall to build the mixed-use offices, the movie theater, the 76,650 square ,... 18 Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 feet of restaurants, and the 82,000 square feet of office space Mr Black has concerns that the projects will remain strictly residential and the mixed-use will never come to fruition Commissioner Ferguson pointed out that the Commission is not being asked to approve any more apartments and this is merely a conceptual design being presented tonight. Commissioner Ferguson pointed out that the Planning & Development Board voted 6-1 in favor of the project, as well as it being approved by the Treasure Coast Regional Planning Council Commissioner Fisher felt it was an issue of timing and if this particular piece of property was difficult to build on, perhaps the City and representatives of Quantum could sit down and discuss the issue. Commissioner Fisher feels that the City should cooperate with Quantum and sit down and discuss with them what the City would like to see go up on this land Mayor Broening did not feel that this project would compete with a downtown project and that in staff's report it states that the demand for apartments for Palm Beach County is great and Mayor Broening feels the demand is there. Mayor Broening also pointed out that the development is essentially built out except for a relatively few acres. He stated that he supports the project conceptually, but also feels that the Commission should listen to staff Because this is first reading of an ordinance, there is no public input. However, Mayor Broening asked Mr Wische, Chairman of the Planning and Development Board to make any comments if he so wished. Mr. Lee Wische, 1302 SW 18th Street noted that the project came before the Planning and Development Board as a conceptual project and would not be built tomorrow The other phase must be built first, but the applicant needs the go ahead in order to make future plans. Mayor Broening asked Attorney David Norris to comment on behalf of the applicant. Mr Norris disagreed that not much has been accomplished since the applicant's first mixed-use project had been approved last March Mr Norris pointed out that after that approval, it was necessary for them to request a change in the code to permit a mixed-use development, which took a great deal of time. The applicant then went through the site plan process for Grotto Bay, the residential component of the project. Mr Norris stated they were close to having the building permits issued to begin development. After that, they plan on coming into the City with their Master Plan for the entire development. Mr Norris also pointed out that they offered their staff to assist the City staff with the City's park project. Further, Mr Norris said there was a demand for apartments and they would not be building apartments if the demand was not there. Also, the area being proposed for the project is a prime area for residential mixed-use component. Mr Norris also stated that they were required by Code to do the mixed-use, but staff previously indicated that that they did not want to get into the timing and that this was the developer's decision. Mr Norris requested that the project be allowed Vice Mayor Weiland said that Mr McDonald told him last March that the project would begin in July or August of 2000 To date nothing has happened. Vice Mayor Weiland suggested that after the 62-acre project is completed, that the applicant come back to the Commission if the need for more residential surfaces. Vice Mayor Weiland saw no urgency tonight to approve the conceptual idea 19 t ,., ." Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 Mr Norris reiterated that it has taken this long to get started with the first project due to the '" newness of the mixed-use designation to the City and they are on the verge of getting their permits. Mr Bressner pointed out that the City worked with Quantum to change the Code to assist them in process and the City recognized that the zoning ordinance was not applicable to what Quantum wanted and the City accommodated them Mayor Broening reported that the Commission was here tonight to consider the applicant's concept for this particular piece of property Mayor Broening did not feel that the 55 initiatives set by the City applied to this application. Mr Greene felt the issue is where the City wants to focus its efforts in terms of development. Mr Greene said that in order for Boynton Beach to have a viable commercial downtown it is absolutely essential that the City has a strong residential base to support it. Mr Rumpf, Director of Planning, pointed out that there is a need for rental units, but questioned how long the need would last. Mr Rumpf also noted that it will take a greater effort to develop the downtown than placing units in Quantum Park. Mr Rumpf felt if units went up elsewhere in the City, it could weaken the efforts being made in the downtown Mr Eugene Gerlica, representing the Quantum Group, said that many of the facts stated by Mr Greene are wrong Mr Gerlica stated that the initiative was done in August 2000 and the mixed-use project of 62 acres was approved in March 2000 He stated that they have been working aggressively in both the planning and permitting stages. With regard to the loss of 23 acres of industrial land, Mr Gerlica pointed out that only seven acres have office or industrial use designation and there has been very little interest for industrial use in this land Of the 62 acres in the first project, 22 1/2 acres was designated attraction and recreation and on the south side, 22 acres was commercial Mr Gerlica stated that it takes 120 days to get a South Florida Water Management permit in order to move the dirt and that permit application was made in December 1999 After the approval came through to clear the land and move the dirt, application was made to the City Also, they redesigned the Clubhouse. ...." Mr Gerlica stated that they have joint ventured the entire development with Owen Development that builds apartments throughout the County and is now focusing upon the Palm Beach County market. They have built in Delray Beach and Manatee Bay in Boynton Beach. It is anticipated that the Master Site Plan will be submitted in mid-April Mr Bressner said that staff proceeds based upon a number of information points, technical review; impact; various merits of a development; and a great deal of consideration is given to what staff has directed as priorities in the City Mr Bressner pointed out that staff has taken a great deal of credence of the 55 initiatives adopted by resolution by the Commission and as Mr Greene indicated, those two directives are prime directives. Staff has determined that this particular project is out of sync with those priorities. Further, the Intracoastal and Federal Highway Corridor were viewed as prime directives by this Commission Also, Mr Bressner stated that the proposal by the Planning and Development Board to add an additional six acres of industrial classification was not presented to the Regional Planning Agencies. Therefore, staff does not know if the addition of those six acres has to be remanded back to the Planning Agencies. ~ 20 Meeting Minutes Regular City Commission Boynton Beach, Florida February 20,2001 Attorney Cherof felt that at some point the Planning Councils will insist upon having the opportunity to review this, either by the applicant resubmitting it or alternatively via an appeal Mr Norris replied that they did not ask for the additional six acres of industrial classification, but it was a condition of the Planning and Development Board They would be agreeable to deleting this condition as it was put in merely to address a concern of staff Mayor Broening felt that the downtown area would be market driven as other areas in the City are improved Vice Mayor Weiland also was not certain if this would dilute the downtown and he has always shown his support for Quantum in the past. However, at this present time there is nothing that would show there is a need for this conceptual idea tonight. Commissioner Black would like to see the first development move along and the City be shown a sign of good faith by proceeding with the mixed-use portion of the project. Commissioner Black did not see the need for any additional apartments in the City and that Manatee Bay is over 50% vacant. Commissioner Black suggested that this project could come back to the Commission at a future date. Mr Bressner also stated that the City needs jobs and that by bringing in a mixed-use project, some jobs have been eliminated, which staff also pointed out to the Planning & Development Board Also, the cost for providing services for residential development is more costly than those provided to employment-based development. Motion Commissioner Ferguson moved to approve No. 01-14 Mayor Broening passed the gavel and seconded the motion. City Clerk Kruse polled the vote. l71e motion fiJiled 2-3 (Commissioner fisher, Wce Mayor Weiland and Commissioner Black dissenting). C. Resolutions. None D Other' 1 Ratification of Code Compliance Board action a Rescind the fine in Case #96-5124 (2216 NE 3rd Street) The original fine totaled $31,650 plus $922 21 in administrative costs. Commissioner Fisher noted that he was questioning the finding in this case. Commissioner Fisher felt that the administrative costs should have at least been covered Mr Scott Blasie, Code Compliance Administrator, responded that there was no hardship in this case, but the party that applied for the reduction was a third party and is removed from the case because the applicant was trying to purchase property in Delray Beach, and not the property in Boynton Beach Mr Blasie reported that notification was good and it was noted that the person who received notice of the violations back in 1996 was deemed mentally incompetent shortly thereafter and lost the property in foreclosure. The Boynton Beach property was eventually purchased at foreclosure and has been brought into compliance. 21 .~ ...., Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 The Boynton Beach lien attached to the property in Delray Beach, which necessitated the applicant coming in to apply for a lien reduction Mayor Broening inquired if the administrative costs were incurred by the new owner or the previous owner and Mr Blasie stated it was the previous owner Commissioner Fisher replied that he felt the City should recover its administrative costs and did not feel that the fine should be assessed ~ Mr Vince Zabik took the podium and stated that he purchased the property in Delray Beach and when he purchased the property, he did do a title search However, it was the Boynton Beach property that had the original lien and the lien attached to both properties Mr Zabik stated that when he appeared before the Code Compliance Board he was told that the lien would be released and subsequently closed on the Dekay Beach property Now, Mr Zabik said he is back before the City and that he purchased the property because he was told that the lien would be released Commissioner Fisher felt that the person who purchased the Boynton Beach property should pay the administrative costs and asked if that person was present? There was no response. Mayor Broening asked what the actual costs to the City were and Mr Blasie responded it was man hours and the cost for recording the documents, which was $250 00 Motion Commissioner Ferguson moved to rescind the fine in Case #96-5124 except for $250 00, which represents the out-of-pocket costs to record the documents. Vice Mayor Weiland seconded the motion Motion carried 4-1 (Commissioner Rsher dissenting). ..""", Vice Mayor Weiland requested that if Mr Blasie comes before the Commission in the future with any lien reduction cases, he would like to have his item placed at the beginning of the meeting because Mr Blasie waited three hours to be heard Mr Bressner said he could add these cases under Manager's Report. - 2. Status Report of Orbits Conditional Use Approval (February 20, 2001) Police Chief Marshall Gage reported on the following ./ The Commission granted the Orbit Nightclub a conditional use license on October 17, 2000 and the permit was issued on October 20th The applicant at that time did not get a business license. ./ The Club opening took place on November 3rd through the 5th ./ On November 4th a large party took place and they were issued a notice to appear for operating without a license. ./ After another large party on November 11th, another notice to appear for operating without a license was issued ./ The Manager was issued the notice on one occasion and Carl Brockdoff, the owner, was issued a notice to appear on the second occasion ./ A business license was issued on November 22nd ./ On December 14th the owner and manager failed to appear in court and were arrested that evening for failure to appear Those charges have subsequently been resolved and both charges resulted in a $75 00 fine. ~ 22 XI-LEGAL ITEM 8.3 ORDINANCE NO 0 - 01- 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMlNA TION WHETHER CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL Th1P ACT APPROVED IN ORDINANCE NO 84-51, AND AMENDED IN ORDINANCES NOS 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, AND 00-02 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006, FLORIDA STATUTES, 1996, AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMP ACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51, 86-11, 86-37, 88-3, 94-10,94-51,96-33,96-65,97-20,99-05 AND 00-02) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE. - " . i WHEREAS, Riteco Development Corporation, a Flonda corporatlon ("RIteco'') filed WIth the City of Boynton Beach (the "City'') an Applicatlon for Development (-, ~ ,,,.,, Approval of ComprehensIve Development of RegIonal Impact (the "ADA") on May 21, 1984, regardmg that certam 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 nght, title and interest m and to the Property to Boynton Park of Commerce, Inc., a Florida corporatIon ("Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its nght, tltle and mterest in and to the Property to Quantum AsSOCIates, a Florida general partnership (the "Developer''), and '-- t____ Page 1 of 5 WHEREAS, the CIty approved preVIOUS apphcatIons to amend the Development Order wluch apphcatlOns were approved by the City m Ordmance No 86-11, Ordinance 86-37, Ordmance No 88-3, Ordmance No 94-10, Ordmance No 94-51, Ordmance 96- 33, Ordmance No, 96-65, Ordmance No 97-20, Ordmance No 99-05 and 00-02, The proposed change IS requested wIthout an mcrease m the total vested tnp generatIon of 63,752 tnps. No change to the DR! is proposed other than as set forth herem. WHEREAS, the CIty CommISSIon of the CIty of Boynton Beach, as the goverrung body havmg junsdICtIOn, is authonzed and empowered to consIder applIcatIOns for amendments to development orders approving developments of regIOnaIlmpact pursuant to Chapter 38006, Flonda Statutes (1996); and WHEREAS, the City CormmssIon has considered the testimony, reports and other documentary evidence submitted as said pubhc hearing by Quantum, the CIty staff and the public, and the CIty Plannmg and Development Board's recommendatIon of the 13th day of February, 2001, and WHEREAS, s3.1d 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 pubhshed on the 25th day of February, 2001, in the Palm Beach Post. a newspaper of general CIrculatIon m Boynton Beach, Florida, pursuant to Chapter 38006, Florida Statutes, and proof of SaId publicatIon has been duly filed. SectIon 2. The Development Order shall be amended to Include the following proVISIOns. Page 2 of 5 Lots 7. 8.9. 10. and 11 These lots were preVIously desIgnated as OfficelIndustnal (Of) Land Use. The Land Use has been revIsed to "Mixed Use" (MU) The proposed Mixed Use DesignatiOn Includes office, commerCial and residential uses. ...- Lots 23. 24. 25. 26. 27. 28. 29.30. and 31. The Land Use DesIgnation for these lots has been changed to "Mixed Use" (MU) from Office (0). The proposed Mixed Use DesIgnation Includes office, commerCial and resIdentIal uses.. Section 3 Master Site Development Plan Amendment No 11 as submItted to the City, a copy of wluch is attached hereto and made a part hereof as ExhibIt "B" replaces and supersedes the Master Site Development Plan currently approved in the Development Order (; ~ Section 4. The Development Order shall also be amended to include the Conditions of Approval, attached and mcorporated herem as Exhibit "C" Section 5. Upon consideration of all matters described m Section 380 06, Flonda Statutes (1996), it is hereby determined that A. The amendments proposed by Quantum do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan apphcable to this area. B. The amendments proposed by Quantum are consistent With the local comprehensive plan and are, or will be, consistent with the local land development regulatIons, subject to the conditions outlined above. Page 3 of 5 C The amendments proposed by Quantum are consIstent With the recommendatIons of the Treasure Coast RegIonal Planrung CouncIl, subject to the condItions outhned above. D The amendments proposed by Quantum do not create any adchtIonal regIonal Impacts and therefore do not constItute a substantIal deVIatIOn under Chapter 380 06, Flonda Statutes (1996) SectIon 6 The CIty Cormmssion has concluded as a matter of law that these proceedmgs have been duly conducted pursuant to the prOVIsIons of Chapter 380 06, Flonda Statutes (1996), that Quantum IS entItled to the rehefprayed and apphed for, and that the Development Order is hereby amended incorporatIng the amendments proposed by Developer as set forth In Section 2 above. Section 7 Except as otherwtse amended here~ the Development Order shall remam in full force and effect. SectIon 8 All ordinances or parts of ordinances m conflIct hereWIth are hereby repealed. Section 9 Should any section or prOVISion of this ordmance or portion hereof, any paragraph, sentence or word be declared by a court of competent JunschctIon to be Invahd, such decision shall not affect the remamder of this ordinance. Section 10. Authonty is hereby granted to cochfy said ordinance. Section 11. Thts ordinance shall become effective unmed1ately upon passage. FIRST READING this _ day of .2001 Page 4 of 5 SECOND READING and FINAL PASSAGE tills day of ,2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Comnussioner CommissIoner ComnussIoner ATTEST CIty Clerk S.ca~DR.l-1OOI-No, 11021201 Page 5 of 5 (""-., '- j t,' .J rnrn&~u ORDINANCE NO 0 - 01- ftMWttlV!J,.i I )v1 '1 (}om~..i!- ;A' ,~ ~Jt-Ol AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION WHETHER CHANGES TO THE COMPREHENSNE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-51, AND AMENDED IN ORDINANCES NOS 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, AND 00-02 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006, FLORIDA STATUTES, 1996, AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMP ACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51, 86-11, 86-37, 88-3, 94-10,94-51,96-33,96-65,97-20,99-05 AND 00-02) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTNE DATE. WHEREAS, RIteco Development CorporatIOn, a Flonda 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, regardmg that certam property (the "Property") described m 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 Ordmance No 84-51 (the "Development Order") , and WHEREAS, RIteco subsequently conveyed ItS nght, title and mterest m and to the Property to Boynton Park of Commerce, Inc., a Flonda corporatIOn ("Boynton Park"), and, Boynton Park, m turn, subsequently conveyed ItS nght, title and mterest m and to the Property to Quantum AssocIates, a Flonda general partnershIp (the "Developer"), and WHEREAS, the CIty approved preVIOUS applIcatIOns to amend the Development Order wlnch applIcatIOns were approved by the CIty m Ordmance No 86-11,Ordmance Page 1 of 6 86-37, Ordmance No 88-3, Ordmance No 94-10, Ordmance No 94-51, Ordmance 96- 33, Ordmance No., 96-65, Ordmance No 97-20, Ordmance No 99-05 and 00-02, The proposed change IS requested wIthout an mcrease m the total vested tnp generatIon of (~I W52 tnps No change to the DR! IS proposed other than as set forth herem. WHEREAS, the CIty ComrmssIOn of the CIty of Boynton Beach, as the governmg body havmg junsdICtIon, IS authonzed and empowered to consIder applIcatIOns for amendments to development orders approvmg developments of regIOnal Impact pursuant to Chapter 38006, Flonda Statutes (1996), and WHEREAS, the CIty CormmssIOn has consIdered the testImony, reports and other documentary eVIdence submItted as saId publIc heanng by Quantum, the CIty staff and the publIc, and the CIty Plannmg and Development Board's recommendatIOn of the 13th day of February, 2001, and 1 v?O# \r eVIdence submItted at sa. publIc heanng by Quan , the CIty staff WHEREAS, saId CIty CommIssIon has consIdered all of the forgomg. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT SectIon 1 A notIce of publIc heanng was duly publIshed on the 25th day of February, 2001, m the Palm Beach Post, a newspaper of general CIrculatIOn m Boynton Beach, Flonda, pursuant to Chapter 38006, Flonda Statutes, and proof of SaId publIcatIon has been duly filed. SectIOn 2. The Development Order shall be amended to mclude the followmg proVISIons Page 2 of 6 Page 3 of 6 r I tJ Lots 7. 8. 9. 10. and 11 tr~ lo-k Gv~ fre.Jlcw,1u ~~J~'/2kJ a1 fJf-~ 1~~I?.!)rPti /.c1nc1. ~ ~ LAnd lIJR... hM J:iien rWlseCl +c /I ml~d lLa.L (MU) . The Let J and Lot 6 Land Use DesIgnatIOns ha'le bl;;l;;ll changed to Mi.ll..l;;d U::.t: (MU) from Offio8lInd1lstnal (OI). The proposed MIxed Use DesIgnatIon mcludes office, commercIal and reSIdentIal uses. Lots 23. 24. 25. 26. 27. 28. 29.30. and 31. _ '-fhese II I' Th~d Use DesIgnatIOn for the lots has been changed to Mixed Use (MU) from Office~~ (OJ) The proposed Mixed Use DesIgnatIon mcludes office, commercIal and reSIdentIal uses. SectIon 3 Master SIte Development Plan Amendment No 11 as submItted to the CIty, a copy of whIch IS attached hereto and made a part hereof as ExhibIt "B" replaces and supersedes the Master SIte Development Plan currently approved m the Development Order SectIon 4. The Development Order shall also be amended to mclude the CondItIons of Approval, attached and mcorporated herem as ExhibIt "C" SectIOn 5. Upon conSIderatIOn of all matters described m SectIon 380 06, Flonda Statutes (1996), It IS hereby detemllned that A. The amendments proposed by Quantum do not unreasonably mterfere WIth the achIevement of the ObjectIves of the adopted state land development plan applIcable to thIs area. B The amendments proposed by Quantum are conSIstent WIth the local comprehensIve plan and are, or WIll be, conSIstent WIth the local land development regulatIOns, subject to the condItIons outlmed above Page 4 of 6 C The amendments proposed by Quantum are consIstent wIth the recommendatIOns of the Treasure Coast RegIOnal Planmng Council, subject to the condItIons outlmed above. D The amendments proposed by Quantum do not create any addItIonal regIonal Impacts and therefore do not constItute a substantIal deVIatIOn under Chapter 38006, Flonda Statutes (1996) SectIon 6 The CIty CommISSIon has concluded as a matter of law that these proceedmgs have been duly conducted pursuant to the proVIsIons of Chapter 38006, Flonda Statutes (1996), that Quantum IS entItled to the rehefprayed and apphed for, and that the Development Order IS hereby amended mcorporatmg the amendments proposed by Developer as set forth m SectIOn 2 above. SectIOn 7 Except as otherwIse amended herem, the Development Order shall remam m full force and effect. SectIon 8 All ordmances or parts of ordmances m conflIct herewIth are hereby repealed. SectIon 9 Should any sectIon or proVISIOn of tills ordmance or portIon hereof, any paragraph, sentence or word be declared by a court of competent JunsdIctIOn to be mvahd, such deCISIon shall not affect the remaInder of tills ordmance SectIOn 10 Authonty IS hereby granted to COdIfy saId ordmance. SectIon 11. Tills ordmance shall become effectIve ImmedIately upon passage. FIRST READING thIs _ day of ,2001e Page 5 of 6 SECOND READING and FINAL PASSAGE thIS ,2001 day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor CornrmSSlOner CornrmSSlOner CornnnSSlOner ATTEST CIty Clerk S:caIOrd\Quan.um DRI- 2001 - No, 11021201 Page 6 of 6 / CAr~CELL~D NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a Public Hearing at 7'00 P M. or as soon thereafter as the agenda permits on Tuesday, March 6, 2001, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The purpose of this public hearing is to consider a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No 84-51) as amended by Ordinances Nos 86-11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05 and 00-02 and determination as to whether or not the proposed change constitutes a substantial deviation to the approved development order with respect to the property described below located within the corporate limits of said City, pursuant to the request of the parties. in interest and in compliance with Chapter 380, Florida Statutes. REQUEST Notice of Proposed Change QUANTUM PARK DRI at BOYNTON BEACH Formerly Boynton Beach Park of Commerce Comprehensive Development of Regional Impact lEGAl DESCRIPTION A Tract of land lying partially in Sections 16, 17,20 and 21, Township 45 South, Range 43 East, Palm Beach County, Flo' , 'd Tract being more particularly described as fOllOWS:~ Cm g a e Southwest comer of said Section 17, thence North 1 "t ong the West line of Section 17, a distance of 1318.10 ~ i the intersection with the centerline of N W 22nd Ave , as ct in 0 R. Book 1738, Page 1686, of the Public Records 0 County, Florida; thence with a bearing of North 89E 2" Ea ong the centerline of N W North 1 E44'39" East, 7 06 feet to the South right of way line of L.W D 0 ~2 h North 89E08'49" East along the South right of way line .W D. eral 21, as recorded in O.R. Book 1732, Page 612, t ub' Records of Palm Beach County, Florida, a distan 0 the centerline of the L.W 0.0 Equalizing Canal E-4!!e O.R. Book 1732, Page 612, of the Public Records of <i!' ounty, Florida; thence along the centerline of the above s ~ Canal with a curve to the right having a chord bearing of No OE32'52" East, a radius of 750.00 feet, a central angle of 4 '17", and an arc length of 53.29 feet; thence continue along the nterline of the E-4 Canal, with a bearing of North 12E35'00" East, a distance of 320.69 feet to a point of curve; thence with a curve to the left having a radius of 650000, a central angle of 3E28'30", and an arc length of 394.23 feet; thence North 9E06'30" East, a distance of 1979 16 feet to a point on the North Line of Section 17, thence with a bearing of North 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 O.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 PALM BEACH NEWSPAPERS, INC The Palm Beach Post 2751 S Dixie Hwy , West Palm Beach, FL 33405 Phone (561) 820-3106 Fax: (561) 820-4340 Legal Advertising Invoice Do Not Pay from this invoice For your records only 241582 Advertising Deadlines Accou nt # Ad# 794025 Publish Monday Tuesday Wednesday Thursday Friday Saturday Sunday Description Notice Public Hearing Size 2x16=32" Amou nt: $1013 12 Published February 25, 2001 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH FL 33435 Deadline Friday 3PM Friday 3PM Monday 3PM Monday 3PM Wednesday 3PM Thursday 3PM Thursday 3PM DEVELOPMENT DEPARTMENT MEMORANDUMNO PZOI-013 TO Sue Kruse CIty Clerk FROM 1'7 tr1Z-- MIchael W Rumpf Plannmg and Zomng DIrector DATE January 26,2001 SUBJECT QUANTUM PARK DRI at Boynton Beach DRIA-00-002 Accompanymg thIS memorandum you wIll find a copy of a request for a legal advertIsement prepared for the March 6,2001 Boynton Beach CIty COnUTIlSSIOn meetmg for the above- referenced DRI amendment applIcatIOn. The applIcatIOn fee for staff processmg and reVIew has been forwarded to the Finance Department. The legal advertIsement WIll be forwarded to your office after reVIew by the CIty Attorney MWR.dIm S.IPLANNINGISHAREDlWPIPROJECTS\QUANTUM PARK AMEND, #ll\MEMO-LEGAL 002,DQC fiLL REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below ORIGINATING DEPARTMENT Planninq and Zoninq Division PREPARED BY Michael W. Rumpf DATE PREPARED January 26.2001 BRIEF DESCRIPTION OF NOTICE OR AD Quantum Park notice of proposed chanqe to the DRI development order to chanqe the master plan land use desiqnation of lots 7. 8. 9, 10. 11, 23,24,25. 26,27.28,29,30,and31 SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section Placement, Black Border, etc.) Pursuant to Chapter 380.06 (19) (f) of Florida Statues. there appears to be no special requirements. SEND COPIES OF AD TO Planninq & Zoninq Division, Euqene Gerlica for MFT Development Inc.. Aqent: David B. Norris Esq" Newspaper. City Attornev NEWSPAPER(S) TO PUBLISH The Post (newspaper of qeneral circulation), since this is a proiect of reqional impact. DATE(S) TO BE PUBLISHED February 25,2001 APPROVED BY (1) d!A id.J"'v (Division Head) Ol/SI/OI (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a Public Hearing at 7.00 P M. or as soon thereafter as the agenda permits on Tuesday, March 6, 2001, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida The purpose of this public hearing is to consider a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No 84-51) as amended by Ordinances Nos 86-11,86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05 and 00-02 and determination as to whether or not the proposed change constitutes a substantial deviation to the approved development order with respect to the property described below located within the corporate limits of said City, pursuant to the request of the parties in interest and in compliance with Chapter 380, Florida Statutes REQUEST Notice of Proposed Change QUANTUM PARK DRI at BOYNTON BEACH Formerly Boynton Beach Park of Commerce Comprehensive Development of Regional Impact LEGAL DESCRIPTION A Tract of land lying partially in Sections 16, 17,20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17, thence North 1 E44'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R. Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89E04'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1 E44'39" East, a distance of 1247 06 feet to the South right of way line of L.W D D Lateral 21, thence North 89E08'49" East along the South right of way line L.W D D Lateral 21, as recorded in 0 R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 63593 feet to the centerline of the L.W D D Equalizing Canal E-4, as recorded in 0 R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750 00 feet, a central angle of 4E04'17", and an arc length of 5329 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'OO" East, a distance of 320 69 feet to a point of curve, thence with a curve to the left having a radius of 650000, a central angle of 3E28'30", and an arc length of 394.23 feet; thence North 9E06'30" East, a distance of 1979 16 feet to a point on the North Line of Section 17, thence with a bearing of North 89E16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" East, a distance of 2625 18 feet; thence North 89E08'49" East, a distance of 368 96 feet to a point on the North right of way line of N W 22nd Avenue as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19E27'31" East, a distance of 50 00 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of Page 2 Quantum Park - Notice of Public Hearing North 75E29'49" East, a radius of 1637 02 feet, a central angle of 9E53'58", and an arc length of 282.85 feet to a point; thence north 12E02'41" East, a distance of 915 72 feet; thence NorthOE31'11" East, a distance of 39970 feet; thence North 89E12'37" East, a distance of 413.21 feet; thence South 88E22'56" East, a distance of 1349 70 feet to a point on the West right of way line of the Seaboard Coastline Railroad, thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue, thence North 88E27'31" West, along the centerline of N W 22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a distance of 1306 69 feet; thence South 88E45'31" East, a distance of 33351 feet to a point on the West right of way of the Seaboard Coastline Railroad, thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E15'22" West, a distance of 920 57 feet; thence North 88E50'04" West, a distance of 18760 feet; thence with a bearing North OE49'21" West, a distance of 20000 feet; thence North 88E50'04" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 4000 feet; thence South OE49'21" East, a distance of 556 84 feet; thence North 88E50'04" West, a distance of 3617.26 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5E18'14" West, a distance of 15313 feet, thence with a curve to the right having a radius of 45000 feet, a central angle of 15E36'44", and an arc length of 122.62 feet; thence North 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 125514 feet to a point on the centerline of N W 22nd Avenue, thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 81785 feet more or less to the Point of Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record 591 55 AC 51 70 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 539 85 AC Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P C D Center, containing 13 17 acres, as recorded in Plat Book 60, Pages 106 and 107, of the Public Records of Palm Beach County, Florida, for a total proposed net land area of 553 02 acres PROPOSED CHANGES The Master Site Development Plan Amendment No 11, has been revised to reflect the changes described below The revised Master Site Development Plan is incorporated into this Notice of Proposed change by reference and has been submitted to the City of Boynton Beach for consideration by the city council for amendment and approval 1) Change in the master plan designation of lots 7, 8, 9, 10, and 11 from Office/ Industrial (01) Land Use to Mixed Use (MU) The proposed Mixed Use Designation includes office, commercial and residential uses 2) Change in the master plan designation of lots 23, 24, 25, 26, 27 28, 29, 30, and 31 from Office (0) Land Use to Mixed Use (MU) The proposed Mixed Use Land Use Designation includes office commercial and residential uses APPLICANT MFT Development, Inc., A Florida Corporation as General Partner to Quantum Limited partners, L.C All interested parties are notified to appear at said hearing in person or by attorney and be heard Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561)742-6260 PUBLISH Palm Beach Post February 25, 2001 S:IPlannlngISHAREDIWPIPROJECTSIQuantum Park Amend. #111DRIA 002 Legal.doc ,~1~D ~ ~ ~ n , ,..", If fs j 'J t(, I' n , II i ~\ 00 2 -:> STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Flonda 32399 (850) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO APREVIOUSL Y APPROVED DEVELOPMENT OF REGIONAL IMPACT (DR!) SUBSECTION 380.06(19), FLORIDA STATUES PLANNING AND ZONING DEPT Subsection 380.06(19), Florida Statues, requires that submittal of a proposed change to a previously approved DR! 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., the Quantum LImited Partners, Ltd., a Flonda LlImted Partnerslup, General Partner, hereby give notice of a proposed change to a prevIously approved Development of RegIOnal Impact m accordance WIth SubsectIon 38006(19), Florida Statues. In support thereof, I subrmt the followmg informatIOn concerning the Quantum Park Development, wluch mformatIon IS true and correct to the best of my knowledge I have subrmtted today, under separate cover, copIes of tlus completed notIficatIon to the CIty of Boynton Beach, to the Treasure Coast RegIOnal Plannmg Council, and to the Bureau of State Plannmg, Department of Commumty Mfarrs. '"Lce> Letters.qlpl.qlplgncs'99004 12.IOO2egjh.doc 1 December 18, 2000 ReVIsed January 23, 2001 rn ~~D ~ @ : ~ w ~ 001 .-- STATE OF FLORIDA DEP ARTNlENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLAl'mING BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Honda 32399 (850) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IJ.\IIPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUES PLANNING AND ZONING DEPT --".~ 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 MFT Development, Inc., the Quantum Lmuted Partners, Ltd., a Honda LlImted PartnershIp, General Partner, hereby gIve notice of a proposed change to a preVIOusly approved Development of RegIOnal Impact m accordance WIth SubsectIon 380 06(19), Honda Statues In support thereof, I subrmt the followmg mformatIOn concermng the Quantum Park Development, whIch informatIon IS true and correct to the best of my knowledge. I have subrmtted today, under separate cover, copIes of this completed notIficatIon to the CIty of Boynton Beach, to the Treasure Coast RegIOnal Planmng Council, and to the Bureau of State Plannmg, Department of Community Affarrs. \ ~~ 2. S . 6 (Date) , "2-00 { " Letters.qlpl.q IpIgncs:99004 12.l002egjh.doc 1 December 18,2000 Revised January 23, 2001 /~ ( 2. Applicant MFT Development, Inc., A Ronda CorporatIon as General Partner to Quantum LlIruted Partners, L.c. 2500 Quantum Lakes Dnve SUIte 101 Boynton Beach, FL 33426 Phone (561) 740-2447 Fax. (561) 740-2429 3 Authorized Agent: Mr DavId B Noms, Esq Cohen, Noms, Scherer, Wemberger & Hams 712 U.S Highway One North Palm Beach, FL 33408 Phone (561) 844-3600 Fax. (561) 842-4104 4 Location. Quantum Park DR!, City of Boynton Beach, County of Palm Beach, TownshIp 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. 5 1 The Master SIte Development Plan, Amendment No 11, has been revIsed to reflect the changes described below The ReVIsed Master SIte Development Plan IS Incorporated into thIs Notice of Proposed Change by reference and has been submitted to the CIty of Boynton Beach for consIderatIOn by the City Council for amendment and approval. 5.2 Lots 7.8.9. 10. and 11 These lots were prevIOusly deSIgnated as Office/Industnal (01) Land Use. The Land Use has been revIsed to "Mixed Use (MU)" The proposed Mixed Use Land Use DeSIgnatIOn mcludes office, commercIal and reSIdentIal uses. Letters.qlpl qlplgncs'99004 12.1002egjh.doc 2 December 18,2000 ReVIsed January 23, 2001 5.3 Lots 23. 24. 25. 26. 27. 28. 29. 30 and 31 The Land Use of these lots were prevIOusly desIgnated as Office (0) Land Use. The Land Use has been revIsed to "Mixed Use (MU)" The proposed Mixed Use Land Use DesIgnation includes office, commercial, and reSIdential uses. 5 4 The attached Quantum Park Master Site Development Plan, Amendment No 11, dated December 2000, Mock-Roos Drawings No 45-43-17-52, Sheet 1 of 1, mdIcates the proposed changes. 5.5 The Land Use Acreage Table shown m the Master Site Development Plan has been revIsed to reflect the changes described above. Shown below IS the proposed Land Use Acreage and the previous Land Use Acreage shown on the Master Plan for Amendment No 10 Land Use Acreage Table Proposed Acreage Land Use Designation Amendment No. 11 Existing Acreage Amendment No.tO CommercIal (COM) 13.53 Acres Industnal (IND) 101.25 Acres 13.53 Acres 101.25 Acres Govemmental/InstItutional (G&I) 55 90 Acres 55.90 Acres Office (0) 12.96 Acres OfficelIndustrIal (01) 7975 Acres OfficelIndustnallCommercial (OlC) 22 94 Acres OfficelIndustnallHotel (Olli) 378 Acres Mixed Use (MU) 8564Acres Wetlands 6 00 Acres 28.24 Acres 87 74Acres 22.94 Acres 378 Acres 62.38Acres 6 00 Acres Roads 41 13 Acres 41 13 Acres Sand Pme Reserve 40 00 Acres 40 00 Acres Open Space 90.25 Acres Total 553 13 Acres 90.25 Acres 553 13 Acres Letters.qlp1.qlplgncs:99004 12.1002egjh.doc 3 December 18, 2000 ReVIsed January 23, 2001 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. 6 1 The SubstantIal DevIation Determmat:J.on Chart has been completed in support of tills NotIce of Proposed Change This Notice of Proposed Change IS submitted to effect the Eleventh Amendment to the Development Order 7 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DR! 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 First Amendment to Development Order Second Amendment to Development Order December 18, 1984 June 3, 1986 October 21, 1986 Tlnrd Amendment to Development Order February 2, 1988 Fourth Amendment to Development Order April 19, 1994 Fifth Amendment to Development Order SIxth Amendment to Development Order Seventh Amendment to Development Order November 15, 1994 July 16, 1996 December 17, 1996 Eighth Amendment to Development Order June 3, 1997 Ninth Amendment to Development Order March 2, 1999 Letters.qlpl.qlplgncs:99004 12.l002egjh.doc 4 December 18,2000 ReVIsed January 23, 2001 f Tenth Amendment to Development Order March 7, 2000 8 Describe any lands purchased or optioned within 1/4 mile of the original DR! site subsequent to the original approval of issuance of the DR! 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. No addItional lands were purchased or optIoned SInce the approval of the IrutIal 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 Statues. 9 1 Proposed change IS more than 40% (cumulatIvely WIth pnor changes) of some of the critena lIsted m paragraph 380 06(19)(b) Do you belIeve tills notification of change proposes a change, willch meets the cntena of Subparagraph 38006(19) (e) 2 ,F S YES NO x 9.2 We belIeve the proposed change does not create addItIonal regIonal Impact. The proposed changes described In No 5 above decreases the land area available for industrIal development and Increases the land area available for commercIal and reSIdential development. 9.3 The proposed change does not Increase the thresholds for traffic generatIon, land area or buildIng areas establIshed by the current development order Includmg preVIOUS amendments. The revised master site development plan and supporting traffic analYSIS demonstrate the proposed addItIOnal area WIth the Mixed-Use Land Use DeSIgnatiOn will not generate any addItIonal traffic and thus will not create any addItIonal regIonal rmpact. 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 Letters qlpl.qlplgncs:99004 12.l002egjh.doc 5 December 18,2000 ReVIsed January 23, 2001 -'" 11 Will the proposed change require an amendment to the local government comprehensive plan? 11 1 The proposed change will not reqwre an amendment to the local government comprehensIve plan. 11.2 The request IS consIstent WIth numerous other ComprehenSIve Plan ObjectIves for encouragement of ITllXed usage, mtegratIon of pedestrian, bIcycle, and mass transIt cIrculatIon systems between resIdences and employment centers/commercIal uses, reductIOn of sprawl and encouragement of mfIlI, and lesserung the dependency upon the automobile. 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 DR! or development order conditions. ProVIded IS an updated Master Plan prepared by Mock, Roos & AssocIates (Dwg. No 45- 43-17-52) dated December 2000 tItled "Master SIte Development Plan, Amendment No. II" 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 mc1ude the followmg proVISIOns 1 Master Plan Amendment No 11 to the Master SIte Development Plan for Quantum Park, dated December 2000 is hereby approved. 2 Development of the followmg Land Use ClaSSIficatIOns should not exceed the followmg mtensItIes WIthOut further City approval. Industnal Letters qlpl.qlpIgncs:99004 12.1002egjh.doc 6 1,900,000 Square Feet December 18,2000 ReVIsed January 23, 2001 ,- { CommercIal (includmg Hotel & Restaurant) 728,768 Square Feet Office 885,850 Square Feet One Hotel Room =268 Square Feet of Gross Leasable CommercIal Area One Movie Theatre Seat =40 Square Feet of Office Gross Floor Area One MOVIe Theatre Seat =60 Square Feet of IndustrIal Gross Floor Area One ReSIdentIal Urut =929 Square Feet of IndustrIal Gross Floor Area One ReSIdentIal Urut =725 Square Feet of Office Gross Floor Area ReSIdentIal 1,000 Dwellmg Umts 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; The Project Total Acreage and Legal Description 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 termmatIon data remams unchanged. Letters qlpl.qlplgncs:99004 12.1002egjh.doc 7 December 18,2000 ReVIsed January 23,2001 ,"\~-(j \t-3 OOM1 \~ \ \ \\ \ l t \ 1 ~ L ~ \~. ~ ~: \\\\\1 \ . \ \ \ IIi ~ ~.... ~ ~~ ~ q \ ~ ~ I! \ " \l~c ~~i; 'tj i$1! S ~'i i..~ ~ i q H % ! !'i'i~,\il ~lI~t. ..1.. ' I \ i l - ! ~~ \\ t j i III \ j \ \ ~\ .} I \i i " \ ~ i> ~ !"1 ~iJ.~ ,~ ~ e >l - j,! i i H ~-:.!~ \\ \ , \ l \ \ b\i\\ ,., . \ 'tA i ~ ~ 9= \~ zi' 01- ' ~~' ;;l~ ~ .;: iii - ~ ~ ~i:' -~=, ~ a- 0 5_,",0000]1 .. ~ ~ ~ \ \ \ ~ \ ~ ~ ~ ~ ~ lilt l\\t , ~ i \ 1;< _ !Ii ~ -~~ . '2 ~ ~"It - ~-l~ ~ \"" ~ \ ~ _\\ ~ 'II ~~'i ~--s ~ ~ w~l~~i~o l> ~ ~ U~~~;;~ i ~ \ ; ~ ~ ; ; ; : ; ~ ; ~ ; \-Tn ~ ~ 3 0 a ~ ~ . i ~ t i \ i ~ ~ a ~~':l,'-' - .. ~ ~ ~ j !" 'II \ ,,., ..... ~ o :z g ,.: '2 a. 2 ? 'i ? o , . 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