AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI-LEGAL
ITEM 8.3
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 November 21 2000
0 December 5 2000
0 December 19 2000
0 January 2, 2001
NATURE OF
AGENDA ITEM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
November 9 2000 (5:00 p.m,) 0 January 16,2001
November 22, 2000 (5:00 p.m.) 0 February 6, 2001
December 6,2000 (5:00 p.m.) 181 February 20, 2001
December 20, 2000 (5:00 p,m.) 0 March 6, 2001
January 3 2001 (5'00 p.m.)
January 17 2001 (5'00 p.rn.)
February 7 2001 (5'00 p.rn,)
February 21 2001 (5:00 p.m.)
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Busmess
[8J Legal
o Unfmished Business
o Presentation
RECOMMENDATION Please place this request for Amendment #11 - Quantum Park DRIA on the February 20, 2001
City Commission Agenda under Legal- Ordinance - First Reading. The Planning and Development Board with a 6-1 vote
recommended that the subject request be approved, including amendment of the previously approved Pill master plan in
connection with an amendment to the DR!. The Planning and Development Board recommends that the City Conunission
reject staff comments # 1 through # 11, and that the approval be conditioned on the classification of Lot 34C for "Industrial"
use to offset the decrease in this use category The land use for Lot 34C has always been designated as a 659 acre
"detention" area. It is questionable as to the feasibility of development on this site without further review
Staff continues to recommend that the subject request be denied, as indicated in the attached Department of Development
Memorandum No. PZ 01-017
EXPLANATION
PROJECT NAME.
AGENT
OWNER.
LOCA nON
DESCRIPTION
QUANTUM PARK DRIA Amendment #11
Eugene Gerlica, P .E./ A Quantum Group of Companies
MFT Development Inc., A Florida Corporation as General Partner to Quantum Limited Partners,
LC.
On the west side ofI-95 between Miner Road extended and the Boynton Canal
Change in the master plan designation oflots 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.
Change in the master plan designation oflots 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.
PROGRAM IMPACT NtA
FISCAL IMP ACT Nt A
City Attorney t Finance t Human Resources
l\SHRDA T A\Planning\SHARED\ WP\PROJECTS\Quantum Parle Amend. #11 \Agenda Item Request February 20, 200I.dot
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XI-LEGAL
ITEM B.3
ORDINANCENO 0-01-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROVIDING FOR A
DETERMINATION WHETHER CHANGES TO THE
COMPREHENSIVE DEVELOPMENT OF REGIONAL
IMPACT APPROVED IN ORDINANCE NO 84-51, AND
AMENDED IN ORDINANCES NOS 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-05, AND 00-02
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 38006, FLORIDA STATUTES, 1996, AND
WHETHER FURTHER DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS 84-51, 86-11, 86-37, 88-3,
94-10,94-51,96-33,96-65,97-20,99-05 AND 00-02) FOR
PURPOSES OF INCORPORATING THE APPROVED
CHANGES, AND PROVIDING AN EFFECTIVE DATE.
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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,
,
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1984, regarding that certaIn 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 Ordinance No. 84-51 (the "Development
Order'') , and
WHEREAS, Riteco subsequently conveyed its right, title and interest m and to the
Property to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"),
and, Boynton Park, m turn, subsequently conveyed Its right, tItle and mterest in and to the
Property to Quantum Associates, a Florida general partnership (the "Developer"); and
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Page 1 of 5
WHEREAS, the CIty approved prevIous applIcatIons to amend the Development
Order whIch applIcatIons were approved by the City m Ordmance No 86-11, Ordmance
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 goverrnng
body havmg JunsdIction, IS authonzed and empowered to consIder appltcations for
amendments to development orders approvmg developments of regIonal Impact pursuant
to Chapter 38006, Florida Statutes (1996); and
WHEREAS, the City COIllIll1ssion has consIdered the testimony, reports and other
documentary evidence subnutted as said public hearing by Quantum, the City staff and
the public, and the CIty Planmng and Development Board's recommendatton of the 13th
day of February, 2001, and
WHEREAS, satd 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 25th day of
February, 2001, in the Palm Beach Post. a newspaper of general cIrculatton In Boynton
Beach, Florida, pursuant to Chapter 38006, Florida Statutes, and proof of satd
publicatIon has been duly filed.
Section 2. The Development Order shall be amended to include the following proviSIOns.
Page 2 of 5
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Lots 7. 8.9. 10. and 11
These lots were prevIOusly desIgnated as OfficelIndustnal (On Land Use. The Land Use
has been revIsed to "Mixed Use" (MU) The proposed MIxed Use DesIgnatIOn mcludes
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 mcludes office, commercIal and
reSIdentIal uses..
SectIon 3 Master SIte Development Plan Amendment No 11 as subnutted 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 in the Development
Order
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Section 4.
The Development Order shall also be amended to mclude the
ConditIons of Approval, attached and incorporated herein as ExhibIt "C"
Section 5. Upon consideratIon of all matters described in SectIon 380 06, Flonda
Statutes (1996), it is hereby determined 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 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 outl1Oed above.
D The amendments proposed by Quantum do not create any
add1tIOnal regIonal Impacts and therefore do not constItute a substantIal
deVIatIon under Chapter 380 06, Flonda Statutes (1996)
SectIon 6 The CIty Comnusslon has concluded as a matter of law that these
proceed1Ogs have been duly conducted pursuant to the provisions of Chapter 38006,
Flonda Statutes (1996), that Quantum. IS entitled to the rehefprayed and applied for, and
that the Development Order is hereby amended incorporating the amendments proposed
by Developer as set forth 10 SectIon 2 above.
SectIon 7 Except as otherwise amended herem, the Development Order shall
remain in full force and effect.
SectIon 8 All ordinances or parts of ordinances 10 conflict herewith are hereby
repealed.
Section 9 Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent Junsd1ctIon to be
Invalid, such deciSIon shall not affect the remainder of this ordInance.
Section 10. Authonty is hereby granted to codify smd ordinance.
Section 11. TIns ordinance shall become effective unmediately upon passage.
FIRST READlNG this
day of
, 2001
Page 4 of 5
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SECOND READING and FINAL PASSAGE tlus
,2001
day of
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
ComnussIoner
Commissioner
ComnussIoner
ATTEST
i
CIty Clerk
S,ca\OrdlQuG1lm DRl- 2001 - No. 11021%01
Page 5 of 5
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 00-023
TO'
Jim Cherof
CIty Attorney
Michael W Rumpf (1~
Planning an:JZO . g Director
Lusia Galav
PrincIpal PI
THROUGH.
FROM.
DATE.
SUBJECT
February 9,2001
Quantum Park DR! NOPC Amendment #11
The Chapter 380 F.S. public hearing for the Quantum Park NOPC Amendment #111s scheduled for the
March 6, 200 1 City Commission meeting. That meeting will be the second reading of the ordmance. The
first reading is scheduled for February 11), 2001 The Planning and Development Board will hear the
application on February 13,2001
The draft ordinance will be required for the first reading. I have attached a copy of the legal
advertisement, the application and the staff report with exhibits. Also attached is a clean copy of Exhibit
"A" Location Map and the Master Plan which will be Amendment "B" of the ordinance. The Conditions
of Approval attached to the staff report will be Exhibit "C" but they will not be finalized until after the
second reading to accommodate additional comments/changes from the Cormnission. A legal description
is included with the legal advertisement package attached.
Please prepare the ordinance for this NOPe amendment. If possible, please provide me a draft copy to
review prior to the City Commission meeting.
Thank you for your assistance.
MWR/LG:
S:~WPIPIOJIICI'S'o'AUAWJIND. .1 IIWBMO 10 1. OIDOP.DOC
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EXHIBIT "C"
Conditions of Approval
MASTER PLAN MODIFICATION
PrOject name' Quantum Park - Amendment #11
FIle number' MPMD 00-007
Reference' 2nd reVIew olans IdentIfied as Master Plan ModificatIOn... FIle # MPMD 00-007 wIth a January 24.
2001 PI d Z 0 d
anmnlZ an omnlZ eoartment ate stamD marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments. NONE X
PUBLIC WORKS - Traffic
Comments.
1 The petItIoner should endeavor to conduct a traffic arIalysis of eXIstIng X
mommg and afternoon peak hour condItIons at the Quantum Blvd.lCongress
Ave. arId Quantum Blvd.lGateway Blvd. mtersectIons. (This is ongomg as
of thIS reoort date)
2. The petItIOner's traffic engmeer should evaluate warrarIt cnteria for the X
mstallation of traffic actuated signals at the referenced mtersections
consIdenng the following traffic volume parameters.
a. Existing traffic volumes (2001)
b AddItIon of dIstributed traffic generated by all preVIously approved
development usmg the latest ITE trIp generatIon cntena.
c AddItion of dIstributed traffic generatIon by development proposed m
NOPC #11, usmg the latest ITE tno generatIon cnteria.
3 Should warrant arIalysIs prove that traffic actuated SIgnals would not be X
required accordmg to condItIon #2 above, then staff finds that no additional
traffic related analysis or diSCUSSIon IS reauIred for NOPC #11
4 Should warrant analysis prove that any warrant cntena set forth in the most X
current editIon of the Manual on Uniform Traffic Control Devices are
realized, then the petitioner shall prOVIde the City With an rrrevocable letter
of credIt, m an amoWlt commensurate With costs assocIated With the deSIgn
arId construction of traffic and pedestrian actuated signals, for one or both
mtersectIons that have met warrant cntena. This letter of credit shall be
prOVIded to the CIty by the petItIoner pnor to the Issuance of building
permIts for any facility proposed in NOPC #11 The detennmation of traffic
SIgnal warrant analysIs is therefore not a conditIon of approval of NO PC
#11 Rather, evaluation arId potential implementation of the traffic SIgnal
arIalysis will be a conditIon olaced uoon Issuance of future buildinlZ oermits.
UTILITIES
Comments:
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Conditions of Approval
02/14/01
2
DEPARTMENTS INCLUDE REJECT
5 Any upgrades reqUIred to the water and sewer systems wIthin the PID due to X
the intensificatIOn of land use proposed wIth thiS application must be
performed, at the apphcant's expense
FIRE
Comments NONE X
POLICE
Comments. NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments. NONE X
P ARKS AND RECREA nON
Comments.
6. The CIty CommIssion dId exempt from the RecreatIon DedicatIon X
ReqUIrement, 272 units of the 1,000 units requIred In the most recent master
plan reVlSlon. The developer did pledge, however, to discuss public
recreatIon facilitIes for these units. (To be determined in conjunctIon with
the Parks DiVIsIon.)
At a minimum the developer is required to provide:
1,000 unIts - 272 units = 728 D U
728 DUX .015 acres = 10.92 acres
assummg Y1 credit for pnvate recreation = 5 46 acres
assummlZ Y. credit for natural reserve = 2.73 acres
7 Natural resource credit, if approved by the commIssion, is subtracted off the X
10 92 acre Recreation Dedication ReqUIrement.
8 According to Chapter 1, Article V Section 3 of the Land Development X
RegulatIons, the developer must prOVIde five (5) park elements In order to
quahfy for Y1 credit for private recreation provided. This is based on the total
reaUIrement of 10 92 acres.
9 If the property IS not further platted, Recreation Fees or DedIcations for the X
728 non-exempt dwelhng units are due prior to the ISSUing of theIr
residentIal building permIts.
FORESTER/ENVIRONMENTALIST
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Conditions of Approval
02/14/01
3
DEPARTMENTS INCLUDE REJECT
Comments. NONE X
PLANNING AND ZONING
Comments.
10 ThIS NOPC/Master Plan submIttal dId not Include a prelImInary sIte plan or X
JustIficatIOn for the requested change. ProvIde a wntten justIficatIOn for the
proposed change, and Include a descnptlon of the mIxed use pod (i.e. use
locatIons, cIrculatIon systems, conceptual desIgn concepts, etc ) SInce It
represents a change In pnncipalland uses (or potential land uses), IndIcate
whether the proposed change' would be consIstent WIth comprehensIve plan
polIcIes; IS contrary to the eXIstIng land use pattern, IS based on change or
changing conditIOns; and whether the proposed change IS of a scale WhICh IS
reasonably related to the needs of the ImmedIate area and the CIty as a
whole. Also IndIcate If the property IS developable under the eXIstIng
categones and whether there are adequate SItes elsewhere in the city for the
proposed use, In areas where the use IS already allowed. JustIficatIon and
data shall support elimInation of the land available for Industnal uses based
on cIty-wide needs and supply
11 The CIty approved the MIxed Use designatIOn when it adopted Amendment X
#10 III March, 2000 To date, no development has been proposed whIch
combInes all the uses as requIred by the Land Development Regulations In
the defInItIon of a Mixed Use Pod In a PID The only plans submitted and
approved to date are for Grotto Bay, a multi-family residential portIon of the
Mixed Use Pod. The applicant should demonstrate the viabilIty of the Mixed
Use desIgnatIon. Staff recommends that the NOPC/Master Plan approval for
Amendment #11 include a condition which requires a minImum of 20 acres
of land designated as Mixed Use be developed with the full mix of
commercial/retail/and office uses before the additional 500 umts of
residential may be constructed.
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
12. Staff conditions #1 through #11 shall be omitted. X
13 Lot 34C shall be classified for "Industrial" Use. X
ADDmONAL CITY COMMISSION CONDmONS
13 To be determined.
MWRJarw
J:\SHRDATAIPlANNING\SHAREDIWPIPROJECTS\OUANTlJM PARK AMEND. lt11\QUANTUM PARK AMENDMENT lt11. MPM0\1ST REVIEW COMMENTS. DOC
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QUANTUM PARK DRIA
AMENDMENT #11
NOTICE OF PROPOSED
CHANGEIMASTER PLAN
MODIFICATION
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO PZ 01-017
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TO
Chairman and Members
Planning and Development Board
Michael Rumpf M ~
Planning and Zoning Director
THROUGH
FROM'
Lusia Galav
Principal Planner
Dick Hudson I
Senior Planner,;/
DATE.
February 1,2001
Quantum Park - DRIA 00-002/MPMD 00-007
Master Plan Amendment #11
SUBJECT
NATURE OF REQUEST
Quantum Park of Commerce is a partially built-out Development of Regional Impact (DRI)
comprised of 553 13 acres, zoned Planned Industrial Development (PI D) It is located on the t~,.;
west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (See
attached Exhibit "'A" - Location Map). The applicant, MFT Development, Inc. is requesting an
amendment to the Quantum Park DRI Development Order (D 0 ) adopted December 4, 1984 by
Ordinance No 84-51 The original DO was subsequently amended 10 times by Ordinance
Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05 and 00-02. The current
Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment
#11 proposes to change the existing use designations on 14 lots in the Master Plan to the
"Mixed Use" designation. The proposed changes to the Master Plan, which would potentially
represent the second Mixed Use Pod within the PID, are depicted in Exhibit "'c" - Proposed
Master Plan and described as follows.
1 ) Change in the Master Plan designation of Lots 7, 8, 9, 10, and 11 from Officellndustrial
(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 designation
includes office, commercial and residential uses, and
3) Increase the maximum number of dwelling units permitted from 500 to 1000
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by t
Florida Statutes Chapter 380 06 (19) - Substantial Deviations. The applicant has submitted a
Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
Notice of Proposed Change (NO PC) in accordance with the statutory requirements The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (RPC) and the City The DCA and the RPC review the proposed
NOPC and provide comments following the procedures outlined in Chapter 380 06 (19)
The City's Land Development Regulations Chapter 1 5, Sec. 4 3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI Chapter 380 06 F S
requires that the local governing body hold a public hearing to review and approve the NOPC
The City Commission is required to determine whether the proposed change to the Quantum
Park DRI is or is not a substantial deviation as defined in Chapter 380 06 (19) If it is determined
that the requested change is a substantial deviation then further review will be required pursuant
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the latest change being approved on March 7, 2000
The proposed Amendment #11 alters the approved land uses for that Master Plan Therefore
the review of the DRI amendment also constitutes a review of the changes to the Master Plan
for Quantum Park. In addition to the state statutes, staff has reviewed the Master Plan in
accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial
Development and Chapter 3, Master Plan Approval First review comments were generated and
the Technical Review Committee (TRC) reviewed the Master Plan change on January 23,2001
ANAL YSIS
Notice of ProDosed Chanae (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 38006 (19) In reviewing the statute section staff determined that at least three of the
criteria apply to the proposed change for Quantum Park DRI The first criterion falls under
subsection (b) which reads as follows. "Any proposed change to a previously approved
development of regional impact or development order condition which, either individually or
cumulatively with other changes, exceeds any of the following criteria shall constitute a
substantial deviation and cause the development to be subject to further development-of-
regional-impact review without the necessity for a finding of same by the local
government:"
1 Chapter 380.06(19)(b)9., An increase In the number of dwelling units by 5 percent
or 50 dwelling units, whichever is greater
The proposed change includes an addition of 500 residential dwelling units to the 500
currently permitted for a total of 1000 dwelling units. The proposed change exceeds this
threshold. However, the proposed change also decreases the permitted industrial and
office square footage totals. In this case, the criterion outlined in Chapter
380 06(19)(e)5 c. applies. That criterion is discussed below and would over ride the
determination above.
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Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
The second criterion for review of this NOPC relates to a change not specified in the statute
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2 Chapter 380 06(19) (e) 3., Except for the change authorized by sub-paragraph 2.f.,
any addition of land not previously reviewed or any change not specified in
paragraph (b) or paragraph (c) shall be presumed to create a substantial deviation.
This presumption may be rebutted by clear and convincing evidence.
The changes as proposed do not fall into any category specified in the statutory criteria either
assuming a substantial deviation or indicating that it is not a substantial deviation The burden is
on the applicant to provide clear and convincing evidence that it is not a substantial deviation
and subject to further development-of-regional-impact review The information provided by the
applicant. including the Substantial Deviation Determination Chart and the traffic study present
evidence that the increases proposed for residential use, allowed in the Mixed Use designation
is offset by the decreases in the permitted Industrial and Office square footage totals
The third criterion, which is applicable for review of this proposed change is provided in Chapter
380 06(19)(e)5 , which states "The following changes to an approved development of regional
impact shall be presumed to create a substantial deviation. Such presumption may be
rebutted by clear and convincing evidence"
3.
Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within a authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651 (3)(c), (d), (f) and (g) and residential use.
f
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart" The applicant has provided an updated chart. Amendment #11
involves changes to three land use categories. Industrial, Office and Residential. As
stated above, the number of residential dwelling units is proposed to increase by 500
units. The permitted Industrial use is proposed to decrease by 375,354 square feet and
office use is proposed to decrease by 72,922 square feet. These changes are reflected
in the "Notes" section on the Master Plan. The proposed increase and decreases
maintain the vested traffic generation level of 63,752 average daily trips (ADT)
Conclusion
The proposed change delineated in Amendment #11 is determined not to be a substantial
deviation per Chapter 38006 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, which provide clear and convincing evidence of
a non-substantial deviation finding. Letters from the State of Florida Department of Community
Affairs (DCA) and Treasure Coast Regional Planning Council concurring with this determination
are attached as Exhibits "0" and "E "
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DRI The changes relate to the development of a second Mixed Use Pod in the northwest
comer of Quantum Corporate Park. This Mixed Use Pod encompasses 14 lots for a total of
23.26 acres. The lots are currently vacant. A descriptive summary of these changes is provided
below
3
Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
Lots 7, 8, 9, 10, and 11
These lots were previously designated as Office/Industrial (01) Land Use The Land Use has
been revised to "Mixed Use (MU)" The proposed Mixed Use Land Use Designation includes
office, commercial and residential uses.
Lots 23,24,25,26,27.28,29.30 and 31
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The Land Use of these lots was 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.
In addition to the changes described above, the applicant proposes to add 500 dwelling units to
the 500 currently permitted for a total of 1000 multi-family residential units The Land Use
Acreage Table provided on the Master Plan will be changed as shown below
Land Use AcreaQe
Land Use DesiQnation Proposed AcreaQe ExistinQ AcreaQe ChanQe
Office (0) 12.96 2824 (15.28)
Officellndustrial (01) 7975 8774 (7 99)
Mixed Use (MU) 8564 62.38 + 23.26
All other categories on the Land Use Acreage Table remain the same as approved in
Amendment #10 The Quantum Park DRI acreage total of 553 13 remains unchanged.
The Quantum Park DRI has been amended 10 times over the years, which is not unusual for a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380 06(19), provides
for and anticipates amendments stating that uThere are a variety of reasons why a developer
may wish to propose changes to an approved development of regional impact, including
changed market conditions"
This proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed change with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
Reaional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
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Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
identified and mitigated In the case of the Quantum park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/redesignation
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A provision in Amendment #8 to the Quantum Park development order requires that If A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. The City shall hire, at the applicant's expense, an independent traffic consultant to
review the study" In lieu of an independent traffic consultant, the city's Public Works
Department Director, a designated TRC member, conducted the review of the traffic study The
cost of the review will be charged back to the applicant as part of the DRI review fee. The
applicant has also transmitted the traffic study to the Palm Beacl1 County Traffic Division for
their customary review and approval
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The vested number of trips, 63,752 remains unchanged due to the
balancing of increases and decreases in the intensities of the proposed changes to the land use
designations. The Department of Community Affairs and the Treasure Coast Regional Planning
Council focus their review of the amendment on regional issues exclusively Staff has received
a formal written response from both agencies stating that the proposed changes will not create
additional regional impacts.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested changes is within the jurisdiction
of the city As such, the city's main focus is local issues and impacts. Besides compatibility with
the Comprehensive Plan and Land Development Regulations, to be described later, three local
issues were identified during the review process.
The first issue relates to local traffic concerns Jeff Livergood, Public Works Director, reviewed
the Applicant's traffic report, prepared by Pinder Troutman Consulting, Inc. Mr Livergood
acknowledges that the proposed amendment does not increase the trip generation level beyond
the 63,752 trips vested for the Quantum DRI He does assert however, that the characteristics
of those trips may have changed. The applicant was requested to provide additional data
regarding signalized intersections and peak hour analysis. City staff met with the applicant to
discuss the data request and the necessity of a detailed study at this time. An agreement was
reached regarding an analysis of traffic signal warrants. This analysis would focus on the
intersections of Quantum Boulevard/Gateway Boulevard and Quantum Boulevard/Congress
Avenue. It was agreed that traffic signals, if warranted, would benefit the city and the existing
and future tenants and residents of Quantum Park. The Conditions of Approval - Exhibit "I "
provide the requirements regarding additional traffic analysis necessary to address local traffic
concerns. The full text of this traffic analysis is attached as Exhibit "F "
Adequate utility service is the second local issue of concern regarding the proposed change to
the Quantum Park DRI The Utilities Department expressed this concern in first review TRC
comments. The fact is that the original DRI for the total park was designed for commercial,
industrial and office uses. Both the water and wastewater systems were designed to support
these types of uses. Four (4) lift stations were configured to handle the wastewater generation
for the 553.13 acre park. Residential uses were not calculated into the design and may tax the
existing facilities to their limits. The conditions of approval include a requirement that any
upgrade to the water and wastewater system within Quantum Park, due to the intensification of
land use proposed with this application, must be performed at the applicant's expense.
5
Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
The third local issue is related to school facilities In accordance with Comprehensive Plan
Policy 8.22.1 a copy of the Quantum DRI Notice of Proposed Change (NOPe) was sent to the
School District of Palm Beach County This policy requires the city to notify the School Board of
any residential development over 20 units The School Board reviewed the NOPC and provided
their response in a letter attached as Exhibit "G" The letter indicates that "a concurrency
determination shall not be required at this time However, they do include two provisions which
they request be applied to the development. The first provision is for the location of a bus
stop/turnaround and shelter at the front gate if the development is a gated community The
second provision is for the notification of buyers and tenants regarding school district
boundaries These provisions are most appropriately applied at time of individual site plan
approval for the residential portions of the Mixed Use Pods
Consistency and Compatibility with City Policies
Comorehensive Plan
The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article
2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments.
Rezonings. These criteria are required to be part of a staff analysis when the proposed change
includes an amendment to the Comprehensive Plan Future Land Use Map Staff has relied on
the criteria as a guide for review of this proposed amendment to the Quantum Park
Development.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager The planning department sha.ll also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
According to the Comprehensive Plan Future Land Use Support Document, under the
"Discussion of Supply and Demand for Commercial Land" the following is recommended.
"The Future Land Use Plan which is proposed for the City and area to be annexed by
the City will accommodate all of the anticipated demand for commercial land through
build-out. Therefore, the City should not change the land use to commercial categories,
beyond that which is shown on the proposed Future Land Use Plan, except for minor
boundary adjustments, small infill parcels, or commercial uses of a highly specialized
nature, which have special location or site requirements, and therefore cannot, be easily
accommodated on already designated commercial areas."
Policy 1 19 6 of the Land Use Element restates this recommendation.
"The City shall not allow commercial acreage which is greater than the demand which
has been projected, unless it can be demonstrated that the additional commercial
acreage would not require the proportion of commercial acreage on the City's Future
Land Use Map to exceed the proportion of commercial acreage on the Palm Beach
County Future Land Use Map The City shall not allow commercial unless a particular
property is unsuitable for other uses, or a geographic need exists which cannot be
6
..,
.,
Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
fulfilled by existing commercially-zoned property and the commercial use would comply (-
with all other applicable comprehensive plan policies"
Two policies in the Land Use Element addressing the provision of lands for Industrial
development include
Policy 1 192:
"The City shall provide continued effort to allow for industrial acreage which can
accommodate the approximate industrial employment which has been projected in the
Future Land Use Element, and prohibit conversion of landaesignated "Industrial" on the
currently adopted Future Land Use Map unless such conversion would generate a range
of employment choices for current and future residents, provide goods and services of
regional importance, and retain regional fiscal and economic significance"
and,
Policy 1 194
"The City shall continue to encourage and enforce the development of industrial land as
industrial parks or concentrated industrial areas in order to maximize the linkage
between complementary industries."
At the time of adoption of the 1989 City of Boynton Beach Comprehensive Plan, approximate
acreage for each of the various land use designations included 269 acres for Office
Commercial, 695 acres for Local Retail Commercial and 745 acres for Industrial. Quantum's
contribution to these totaled 133 acres for Office Commercial, 30 acres for Local Retail and 199 ..
acres for Industrial. ~ ,~
The DRI Amendment allowing the developers to combine the use categories and permit
Office/Industrial, OfficellndustriallCommercial and Mixed Use (Commercial/Office/Multi-family)
provides the developers with a great deal of flexibility Based on estimates provided by the
developer, "Industrial" development can reach as much as 20772 acres (assuming that all
parcels which can be developed as "Industrial", are so developed). It can also be as low as
101.25 acres, since this is the acreage that cannot be developed for any other use.
Similarly, Commercial development can range from a low of 13.53 acres to a high of 1259
acres, and Office development can range from 12.96 acres to 205 1 acres.
In providing the developers with this high degree of flexibility, the City has reduced any degree
of certainty that the land use allocations within the City will be sufficient to accommodate the
future population of the City and produce the jobslhousing balance that the City hopes to
achieve.
b. Whether the proposed rezoning would be contrary to the established land use pattern,
or would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted with
the protection of the public welfare.
The proposed rezoning could create an isolated district that would not relate to the adjacent
lands under the same ownership, given the range of uses that could be developed on these
7
Quantum Park - DRIA 00-002lMPMD 00-007
Memorandum No. PZ 01-017
parcels. However, since designations for these parcels remain nebulous, any synergism is
difficult to determine.
The previously approved Mixed Use Pod is located adjacent to roads that are a part of the City's
Thoroughfare System and are provided with easy access from 1-95 and is within a five-minute
walk of the local Tri-Rail station The area for which the additional mixed use designation is now
being requested is isolated from all of these components of the transportation network.
c. Whether changed or changing conditions make the prcposed rezoning desirable
The applicant has provided no indication that there are changing conditions that make the
proposed change desirable. There are some changing conditions that may indicate a contrary
and lessening need for future residential development. Population projections included in the
1989 City of Boynton Beach Comprehensive Plan showed an anticipated permanent population
of 63,373 persons for the year 2000 The 1996 Evaluation and Appraisal Report (EAR)
acknowledged the optimism of the original projections and lowered the projected 2000
population to 59,393. While preliminary census figures for 2000 are not yet available, the most
recent estimates provided to the city show a current permanent City population of 55,400
In calculating the supply and demand for land for rental apartments, the 1989 Comprehensive
Plan indicated that the land designated for multi-family housing at that time could provide up to
7,330 units. It also projected a demand for multi-family rental units at 4,437 at buildout
(projected to be the year 2010 at that time) This estimate, based on the historic development
trends of housing by type for the city, indicated that 28 7% of the future housing demand would
be for multi-family rental units. At the same time, the demand for all housing was projected to
be 39,365 units to accommodate a 2010 year-round population of 78,232 persons. The
projected supply, based on land use designations. was 39,424 units; providing a slight surplus
at buildout. There is no indication that any additional housing units will be ultimately needed or
any reason warranted for placing 500 additional units in the potential housing supply at this
time
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The Utilities Department has indicated that any unforeseen impacts to the water and sewer
systems and related levels of service will be borne by the developer The updated Traffic Impact
Analysis submitted with the request for amendment indicates that the traffic generated will be
within the limits for which the DRI is vested With respect to solid waste, the Solid Waste
Authority has stated. within a letter dated January 8, 2001, that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period Drainage will
also be reviewed in detail as part of the site plan approvals. and must satisfy all requirements of
the city and local drainage permitting authorities. Lastly, the Parks and Recreation Department
has detailed the requirements that must be met in order for its levels of service standards to be
maintained
e. Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent or
nearby properties.
The 1989 Comprehensive Plan contains policies dealing with the general incompatibilities
between "Industrial" and "Residential" land uses and recommends physical separation and
8
....
~
Quantum Park - DRJA 00-002/MPMD 00-007
Memorandum No PZ 01-017
buffering to ameliorate those effects The proposed location for the additional multi-family units r
is adjacent to properties developed for industrial and office uses and is bisected by Quantum
Boulevard On the east the property is buffered from existing development by a water
management tract and on the west by the E-4 Canal The development of an additional 500
multi-family units in this portion of the DRI will likely hinder the use of adjacent lands for their
originally intended purpose and therefore further change the overall nature of the entire
development.
Recent studies, both within Florida and at the national/evel comparing government revenues to
expenses for various land uses, indicate that residential development creates deficits while
commercial and industrial development creates surpluses. An increase in residential uses and
the attendant increase in demands on services without accompanying increases in revenues
from other sources, i e. employment-based development, can create operating deficits for local
government.
f Whether the property is physically and economically developable under the existing
zoning.
On February 29, 2000, a representative of the Quantum development stated to the City
Commission that the property could be sold and developed for industrial uses at that time.
There is no indication that conditions have changed to the extent that the same would not be
true only one year later
g Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole. I.:"'
t ~
As discussed above, there is no justification provided by the applicant to convert lands
earmarked for development as an employment center to residential development. If one of the
goals of the City is to maintain a jobs/housing balance, as lands designated for employment-
based development are reduced, a corresponding need for housing diminishes. Otherwise, the
City becomes merely a bedroom community for other, more successful, employment centers in
the County
The applicant offered as a justification for the proposed change, the argument that, "the
preferred form of development that would result is the creation of a new village" (Exhibit "H") It
also offers an opportunity for residents to be able to satisfy some of their retail Shopping and
service needs without placing additional transportation demands on an already burdened
network.
However, the creation of a "new village" in this location is in direct opposition to the City's goal
of revitalizing its traditional urban core. Moreover, the proposed residential units would be
competing for the same market as those in the downtown core area, and again, the location of
the proposed Mixed Use Pod would not be supported by optimal access and visibility from a
major traffic corridor
h Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed
With the recent approval of apartment developments, there are now more than 1,500 approved
but unbuilt multi-family housing units within the City Five hundred of those are approved for
development in the Quantum DR/. At the time of their approval, the developers of Quantum
9
Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
agreed to a limitation of 500 total residential units within the development. The addition of
another 500 units seems highly unnecessary without some understanding of the rate at which
the market will absorb the approved units
Land Development ReQulations
The Quantum Park DRI is zoned Planned Industrial Development (PID) Coincident with the
approval of Quantum Amendment #10, the PID district regulations were amended per
Ordinance No 000-03 to allow' "mixed use residential/commercial uses in PID's totaling a
minimum of 500 acres." Subsequent to the adoption of Quantu-m Amendment #10 the land
Development regulations were amended to allow mixed use pods of commercial, retail, multi-
family residential and office/professional use in a PID This Ordinance No 000-52 also provided
for design guidelines, submission requirements, review and waiver provisions related to a Mixed
Use Pod Master Plan. As provided in the ordinance the definition of a Mixed Use Pod is as
follows
"Ch.2, Sec. 7 P1.A. - For the purpose of this subsection, a Mixed Use Pod is defined as a
development project located entirely within a previously approved PID which, when complete,
will have all the following uses:
1 multi-family residential
2. commerciallretail
3. office and professional
The residential component of the Mixed Use Pod may include fee simple and rental dwelling
units. A Mixed Use Pod is the aggregate of all land within the PID consolidated and designated
for mixed uses"
The NOPC for amendment #11 as proposed will create a second Mixed Use Pod as defined
above. If approved, the second Mixed Use Pod would be regulated consistent with the
requirements as adopted in Ordinance No 000-52 described above
Conclusion
As indicated herein, the impacts of the proposed development on the utility systems, roadways
and public facilities are either within the existing capacities or additional provisions will be
required of the developer to ensure that levels of service standards are not compromised
Additionally, the physical location of the proposed change could be buffered to lessen the
impacts of the development on existing and future surrounding development. However, there
has been no justification presented by the applicant that would refute the findings contained
herein, nor specifically justify its conflict with the Comprehensive Plan or its disadvantages
regarding location and fiscal impact.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380 06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review
Regarding the modification to the Quantum Park Master Plan staff recommends denial of the
request for the following reasons:
10
,.,
'l111/li1
Quantum Park - DRIA 00-002/MPMD 00-007
Memorandum No PZ 01-017
· The reduction in land available for industrial uses, without satisfying the provisions in r
Policy 1 19.2, is in conflict with the Comprehensive Plan, and specifically Policies
1 19.2 and 1 194,
. The conversion of lands to residential use reduces the City's employment base,
. The cost of providing services to residential development is more costly than the
revenue provided, whereas employment-based development more than pays for the
services it requires,
. The development of an additional 500 dwelling units in this location is in direct
opposition to goals for the revitalization of the downtown as embodied in the Vision
20/20 Master Redevelopment Plan, and, -
. A mixed use project is not appropriate at the proposed location
If the City Commission makes a decision to approve the Master Plan for Amendment #11, staff
recommends the Conditions of Approval be included as provided in Exhibit "I" attached
S:\PLANNINGISHARED\WPlPROJECTs\QUANTUM PARK AMENO. #11\STAFF REPORT #11 ,DOC
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EXHIBIT "0"
f'
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Flortda a better place to call home
IEB BUSH
Governor
STEVEN M. SEIBERT
Secretary
~
February 2,2001
Mr MIchael Rumpf, Manager
Planning and ZOning Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re Quantum Park DRI DCA Project Flle No ADA-l 084-048
RevIew of NotIfication of Proposed Change
Dear Mr Rumpf:
The Department has completed Its reVIew of the notIce of proposed change (NOPC) to
the Development Order (D 0) for the Quantum Park Development of RegIonal Impact (DRI),
located m the CIty of Boynton Beach. The NOPC was rendered by Mr Eugene GerlIca, the
authorIzed agent for Quantum LImIted Partners, L.C., the developer of the DRI.
f=
The applIcant IS requestmg that the D 0 be amended m order to
change the land use desIgnatIons for Lots 7 through 11 from Office/Industnal to Mixed
Use and Lots 23 through 31 from Office to Mixed Use;
2. revise the D 0 language to establish development thresholds for each land use approved
Within the project that should not be exceeded Without further approvai from the City of
Boynton Beach, and
3 revise the Master SIte Development Plan to reflect the proposed land use modIficatIOns.
The Department has determmed that the proposed changes described above are presumed
to create substantIal deviatIons pursuant to SectIons 380 06(19)(e)3 & 5 c., F.S The applIcant
has rebutted these presumptions by clear and convmcmg eVIdence through a traffic lmpact
analYSIS Therefore, the Department raIses no ObjectIon to the NOPC However, the applIcant
should reVIse the development mtensIty mformatIon on the proposed Master SIte Development
Plan to be conSIstent with the proposed revised DO language.
.-----
(
" ' ---.-.. --,1
2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORiDA 32399 2100 .
Phone 850488 8466/Suncom 278 8466 FAX 850 921 0781/Suncom 2910781 i 'j
Internet address hltp I/WWWdcastaleifusr-__j"'li
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: '. ,
EMERGENCY "''''NAGE.\.\ENl HOUSING. COMMUNITY DEVElOPM(Nr
2555 Shumard O.Jk Boulevar4 2555 Shumard O~k Boull!VJrd '
COMMUNITY PlANNINC
2555 Shumard Oak Boule'iJitlJ
CRITICAL Sf... TE CONCERN FiElD OFFICE
2 "'96 OY~r~~JS Hilil:hwolv 5uil~ 212
EXHIBIT "0"
Mr Michael Rumpf
February 2, 2001
Page Two
If you have any questiOns concermng thIS matter, please contact me, or Joseph Addae-
Mensa, Planner IV, at (850) 487-4545
SIncerely,
;;'I(/~
Roger Wilburn
Commuruty Program AdmmIstrator
Bureau of Local Plannmg
R W Ijam
cc James Snyder, DRl CoordInator, Treasure Coast RegIOnal Plannmg CouncIL
Eugene A. Gerhca, P.E., Mock, Roos & ASSOCIates, Inc
~
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treOlure
co~t
regional
planning
council
EXHIBIT "E"
,r-
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January 31,2001
Mr Michael W Rumpf
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Flonda 33435
Subject: Quantum Park Development of Regional Impact
Notification of Proposed Change
Dear Mr Rumpf'
<"',
t~
In accordance with the requIrements of Section 38006(19), Florida Statutes (F.S ), we have
revIewed the "NotIfication of a Proposed Change to a PrevIOusly Approved Development of
RegIonal Impact (DRI)" (NOPC) for the Quantum Park DR! dated December 19,2000
The NOPC proposes the following revisions to the master plan.
I) Lots 7,8,9,10, and 11 land use designation is to be changed from office/industrial to
IIllxed use, which allows office, commercial, and residential uses.
2) Lots 23, 24, 25, 26, 27, 28, 29, 30, and 31 land use designatIon IS to be changed from
office to mixed use, which allows office, commercial, and residential uses.
The applicant proposes to decrease office and industnal square footage to allow additional
commercial square footage and dwelling umts. The proposed changes are presumed to create
a substantial deviation pursuant to Section 38006(l9)(e)3 and 38006(19)(e)5.c, Florida
Statutes. Council has reviewed the information and determined that the proposed changes
WIll not create any additional regional impacts
Council recognizes and appreciates the applicant's efforts to create a good mIX of land uses
and provide for a more sustainable form of development for a portIon of the proJect. CounCil
would be interested in reviewing the proposed site plan and discussing possible revisions that
would further the goals and policies of Council's Strategic Regional Policy Plan.
.!fiDJ & ~ ~ n ~7 ~ m
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301 east ocean boulevard
suite 300
stuart, 'Iorida 34994
EXHIBIT "E"
Mr MIchael W Rumpf
January 31, 2001
Page 2
Please call If you have any questions
SIncerely,
J=T qYder
DR! CoordInator
cc. Roger Wilburn, FDCA
Eugene Gerlica, ApplIcant
~
.."
EXHIBIT "F"
CITY OF BOYNTON BEACH
PUBLIC WORKS DEP ARTl\'lENT
INTEROFFICE i\'lEMORA.J."IDUM
r
TO
Mike Rumpf, Dlfector of Plannmg and Zonmg
Jeffrey R. Livergood, Dlfector ofPubhc Works.j(lL-
FROM.
DATE
January 16,2001, Amended February 6,2001
SUBJECT
Quantum NOPC #11
I have revIewed the petItlOner's request to modIfy the overall sIte plan for Quantum Park and
offer my traffic-related comments. It is apparent that there IS a long history of cooperatIOn
between the developer and the CIty and It is deSIrable to continue buildmg upon thIS spmt.
I:Iowever, traffic Impact from this development will affect many thousands of people each day
Therefore, It IS in both the CIty'S and developer's best mterest to insure that traffic generated by
the development can be reasonably accommodated both mternal and external to the SIte.
Based upon my bnef reVIew of the many development documents, It appears that the Quantum
Park DR! has been vested WIth a total of63,752 daily vehicle trIps. However, each subsequent
reVISIon of the DR! has suggested a new allowance for daily velucle trIps and the assocIated peak
hour generated traffic Agam, all allowances are based upon the total trIps denved m 1984 based
upon vanous use types as well as generatIon rates m effect at that time Although I have not had
the opportunity to review the mItial traffic report developed m 1984, I can only assume that the
report consIdered off SIte traffic growth and other development m the Boynton Beach area.
It IS qUIte common for local governments to "vest" certam developments WIth allowable traffic
generation because often times development build out occurs over multiple years. It IS
ImpractIcal to analyze traffic generation as part of each construction phase. TIus would Impart a
sigmficant burden upon a developer who must secure funding and tenant commItments.
However, local government and the developer must also recognize that development extended
over long, and unexpected, periods will cause many of the ongmal assumptions to be changed,
often large in scale. Assumptions related to types ofland use as well as regional traffic growth
are all unknown variables when projectmg many years into the future.
The developer IS now requesting further modIficatIons to the various land uses .m the approved
DR!. These changes, while not sigruficantly altering the overall traffic generated in a 24-hour
period, will most certainly change the peak hour traffic flows. Thus, concerns about the capacIty
of both the internal and external roadway networks arise.
I belIeve It prudent to requlfe the developer to address traffic issues as a result of Plan
Amendment #11 It is mcumbent upon both the City and developer to msure that traffic related
assumptions developed nearly 17 years ago remain valId. The developer should proVlde further
detail about the various land uses in the DR! and then allocate generated traffic to known
conditions on the surrounding artenal roadway network instead of traffic conditions that were
prOjected In 1984
F.!:-OJ-JI II 44~ F CII-CCffN ,~ORRI$ SCI-ER:R 1!'EI1l6EPGCR 56134Z41C4 T-92Z P 02/03 F-166
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W E I N B ERG E R & W 0 L MER EXHIBIT "H"
ATTORNEYS AT LAW
F1'll!:l C. COME,.., P."'."
CRiOORY R. COHIiN
BeRNAROA.CCI\KC'
CAIIlD S. NO""IS, F>,...,
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RCBERTN. IM::IN!lERGE~ ".A.
BRE"IT G. WOLMER, P,A.
01' COUNSEL.
RICHAkO S. FV.CHLI'Ij, ::>.....
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February 1, 2001
Lusia Galav, Principal Planner
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach I Florida 33425
via facsimile 561-742-6259
RE Quantum Park - Amendment/NOpe #11
Dear Ms. Galav
As you know, this firm represents the Quantum Group of Companies with respElct to the Notice
Of Proposed Change #11 previously submitted I write you this letter with respect to the staffs request
as set forth in Comment No 20 for a written Justification for the proposed change.
The Notice of Proposed Change Number 11 centers on the addition of residential and
commercial usage being added to an existing office, creating a furtherance of mixed usage.
Strong market demand for residential mixed use discourages suburban spr;3wl by creating
compact urban areas within the City and its utility service area. The preferred form of development
which would result is the creation of a new village. As a mixed use project. innovative methods of
regulating land development can be used to custcmize the master plan based on the surrounding land
uses.
Adjacent land uses currently include residential, City park land, a water management tract,
office, industrial, commercial and a hotel. A new high school is now within walking distance of the
proposed mixed use The mixed use area is immediately adjacent to a footbridge across the lake to
existing employment opportunities. The pedestrian and bicycle systems within the park will connect
this mixed use area to other developments throughout Quantum Park, as well as OJnnections to a
regional TriRail facility encouraging alternate methods cf transportation
A PARTNERSHIP OF PROFESSIONAL ^SSOCIA lIONS
71:! lJ $. HIGHW^Y O,"If. sum 400. PO. BOX 13J'H.. "'ORTH I'A:'M BEACH, FLORIDA 33-1015-714'
TELEPHONE: (.561l 84403600 . F....CSIMILE: (561) 842.4104
~
,..,
EXHIBIT "G"
y If this site plan is to be a gated community please provide a bus stop/turnaround and
shelter in front of the gate This will be shown on the Plan as a turnaround designed to
accommodate a school bus at a minimum radIus of 55' AddItionally a bus shelter should
be provided at the bus pick-up point The District requests as a condition of approval the
proviSion of a bus turnaround and shelter at the gate concurrent with the first C 0
.-
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t
,. The property owner shall post a notice of annual boundary school assignments for students
from this development The District will provide an 11" X 17" sign to be posted in a clear
and visible location in all sales offices and models with the following
"NOTICE TO HOME BUYERSITENANTS"
School age children may not be assigned to the public school closest
to their residences School Board policies regarding overcrowding or
other boundary policy decisions affect school boundaries Please
contact the Palm Beach County School District Boundary Office at
(561) 434-8100 for the most current school assignment(s)
If there are any questions, please call me at your convenience at (561) 434-8028
Si~erely,
/ I /~~~ 'r/
( /1(/2'/ /. ,A '{d~
nV"l. (,& /
Jeanne Mills, AICP
/ Senior Planner, Concurrency
v
i:
cc. Angela Usher, Manager Intergovernmental Relations
H, \DA TA\CONCRNC2\REGREV\DRC\LETTERS\WPB\ 12901
EXHIBIT "G"
THE SCHOOL DISTRICT
OF PALM BEACH COUNTY FLORIDA
FACILITIES PLANNING
3320 FOREST HILL BOULEVARD, C-331
WEST PALM BEACH, FL 33406-5813
(561) 434-8020 FAX (561) 434-8187
DR. H. BENJAMIN MARLIN
SUPERINTEt()EN'T
January 29, 2001
Michael W Rumpf
Director of Planning and Zoning
Department of Development
City of Boynton Beach
100 East Boynton Beach Blvd - POBox 310
Boynton Beach, FL 33425-0310
RE Quantum Park - DRIA 00-002lMPMD 00-007
Notice of Proposed Change - Master Plan Amendment #11 - Quantum Park
Dear Mr Rumpf
The School District staff has evaluated the impacts of the proposed amendment to the
Development Order Master Plan on the school system
The School District, Palm Beach County and local governments, including Boynton Beach
have adopted public school concurrency for the coordinated planning of schools to meet student
growth from residential development. Concurrency will be implemented upon the final local
government adopting its Public School Facility Element and the amendment to the Capital
Improvement Element and adopting its implementing ordinance A concurrency determination
shall not be required at this time
Through concurrency, the county will be geographically divided into Concurrency Service Areas
(CSA) for better planning of school utilization. This proposed development in located in CSA 17
The schools serving that portion of CSA 17 and adjacent CSA's 14 15 18 and 19, may be
subject to annual adjustments of boundaries to accommodate new schools equalize utilization
and provide capacity for the new student growth.
The proposed addition of 500 multi-family units to the Quantum Park DRI located at Miner Road
between the Boynton Canal, west of 1-95, is in Concurrency Service Area (CSA) 17 and may
generate up to 30 elementary, 80 middle and 80 high school students Upon build-out, the
District anticipates there will be capacity in CSA 17 and adjacent CSA s to accommodate the
student growth from this development.
Please provide the phasing for the development so that we may better plan for the students
through build-out.
Additionally the School District requests that the City review the Plan for the inclusion of the
following prO.L1i
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EXHIBIT "F"
2. The petItIoner's traffic engIneer should evaluate warrant cntena for the InstallatIon of
traffic actuated SIgnals at the referenced IntersectIons consIdenng the follOWIng traffic
volume parameters.
a. EXIsting traffic volumes (2001)
b AddItIon of distributed traffic generated by all prevIously approved development
USIng the latest ITE trIp generatIOn cntena.
c AddItIon of distributed traffic generated by development proposed In NOPC
#11,uSIng the latest ITE trIp generatIon cntena.
3 Should warrant analYSIS prove that traffic actuated SIgnals would not be reqUired
accordIng to condItions #2 above, then staff finds that no addItional traffic related
analYSIS or dIScuSSIon IS reqUIred for NOPC #11
4 Should warrant analYSIS prove that any warrant cntena set forth In the most current
edItIon of the Manual on Uniform Traffic Control DeVIces are realIzed, then the
petItIoner shall provide the CIty WIth an Irrevocable letter of credIt, In an amount
commensurate WIth costs assocIated WIth the deSIgn and construction of traffic and
pedestnan actuated SIgnals, for one or both intersectIons that have met warrant cntena.
ThIS letter of credIt shall be prOVIded the CIty by the petItIoner pnor to the Issuance of
buIldmg permIts for any facihty proposed m NOPC #11 The determInatIon of traffic
SIgnal warrant analYSIS IS therefore not a condItIon of approval of NOPC #11 Rather,
evaluatIon and potentIal implementatIon of the traffic SIgnal analysis will be a condItIon
placed upon Issuance of future buIldIng permIts.
r
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,
EXHIBIT "F"
I recommend that the developer prOVIde the following addItional mformatIOn.
Measurement of eXIsting traffic condItIOns (2001) on Gateway Blvd. between 1-95 and
Congress Avenue
2 Evaluation of eXIsting (2001) Level of ServIce (LOS) at all slgnalIzed intersectIOns between,
and including, 1-95 and Congress Avenue.
3 Identlfication of traffic generatIon from all development WIth pnor Clty approval
4 IdentificatIOn of future traffic generation from antiCIpated build out of Quantum Park.
S Assessment of background traffic growth on Gateway Blvd between 2001 and the antiCIpated
bUlld out date of the entIre Quantum Park development.
6 Evaluation of LOS along Gateway Blvd. and at all SIgnalized intersectIOns gIven full build
out of Quantum Park and assuming normal growth m background traffic.
7 The traffic report should detail traffic conditIons 10 both the morn1Og and afternoon peak
hours. LOS for each penod should be clearly ldentIfied at all referenced locatIOns.
8 The traffic report should determme if addItIonal on slte or off SIte Improvements are
necessary to support the proposed development.
Summary
The traffic reports presented thus far by the developer have done a satIsfactory Job, if one
assumes that the current mix of land use IS consistent with the vanous land uses as approved m
1984 However, as would be expected, a changing economIC climate has brought modIficatIOns
to the development mIX. We would expect thts of any quality developer such as Quantum.
However, m addItion to realIzing that economic demands are forcing development modIfication,
we must assume that other changes to traffic conditions on the surroundmg roadway network
have occurred, or will occur, as well. Thus, it IS only logical to fully evaluate the changed traffic
conditIons as we evaluate the modified land uses. They are interrelated.
Report Amendment
February 6, 2001
Based upon the mformatIon contamed m the above staff report, City staff have met on two
separate occasions With Quantum officials to discuss the merits of additional traffic data
collection m order to address local, not regional, concerns related to traffic impact from the
development to the local roadway system. Upon completion of these meetIngs, it was determined
that the eight conditions referenced above are, perhaps, too stnngent gIven the proposal contained
In NOPC #11 Therefore, the City does not require the completion of all eight traffic-related
Issues at t1us time. Staff does retain the right to request reVIew of the referenced items in the
future as further build out of Quantum Park proceeds in order to Insure that responsible attentIon
IS gIven traffic congestion.
However, Quantum has agreed that certain limited traffic analysis may not only be in the Interest
of the City but in the interest of their tenants and future residents as well. Therefore, staff and
Quantum officials agree that analYSIS of traffic signal warrants is desirable at the intersections of
Quantum Blvd. with Congress Avenue and Quantum Blvd. with Gateway Blvd. Therefore, staff
prOVIdes the follOWIng amended conditions of approval for NOPC #11
1
The petitioner should endeavor to conduct a traffic analysis of existing mornmg and
afternoon peak hour conditions at the above two referenced intersections. (This is
ongoing as of this report date)
..,
=.b-Ol-OJ 11 45am Fron-COHE" "O~RIS SCHERER NEINBERGER
..,
5613424104
T-822 P 03/03 F-766
EXHIBIT "Hit
This should satisfy Comment No 20 so that the same will be removed from your revised ri~,
of comments. It is my understanding that you are plannmg on providing us wIth that revised list C
comments by tomorrow and that we will meet one more time next week to discuss the same.
As always, we appreciate your prompt attention
Very truly yours,
cc: cl ient
COHEN, NORRIS, SCHERER,
ZJN~:b~ -
F DAVID B NORR,!
f---
--
^ P\RTNERSHIP OF PROFESSIONAL ASSOCIATIONS
7t2 U S. )ot(CHWAY ON€. SU!Te ~. P.O. BOX 131~6. NORTH PALM BEACH, FlORIOA 33-408-1146
'l'ELEPHONE: (561) ~"""'J600 . '~CSIMII.!: "611 &42-410.