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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 W' ~ 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. ;.'~ i WHEREAS, RIteco Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21, , , ./ 1984, regarding that certaIn property (the "Property") described 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 ( OJ --- 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 ., ..,., 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 ! , - / 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 .., ., SECOND READING and FINAL PASSAGE tlus ,2001 day of (~ 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 --- ... 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: (- { 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 ~ .."", 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 ..,.-- ( t:: 6.A.2 QUANTUM PARK DRIA AMENDMENT #11 NOTICE OF PROPOSED CHANGEIMASTER PLAN MODIFICATION .., ., DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 01-017 ( 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. 2 'IW' .." 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 r . 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 - 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 4 ~ ,., 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 (- \ 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 (>'-<. ,.r,'" 11 LOCATION MAP _'I,arlli'iililll ,~~UANTUM PARK - ~ I ~ j;Jk1 '~I~7A ,: ~ -IPlt:J. ~ '=~ I ;/ ~ ~ (;) 1.J<~- ~ ~ ~ ~ ~ .fl\fJ r ~ ~( I? l!'J "~I 1 .IT (Sr l~ ~~ 7/J J Cl,( r-:'1 l2J",/ g ~ ~ ~'.~.J= 16 :)v ......, U f1]lv~ ~~JJ~r-- I _ ~~- ~111" ,~ ~'" ~ lO I~ [P3 ,- L ,.--.J - r- \ 1.. ! . -- ,- '- ~ ~ ~ .,..' 1""-': -n.. I I I--~ ~ -1:~ ~ ~ ~^4 \\ ,J .. tl iJilf <> L :;:. t .1\ I ~ 71 NOT I IN CITY l-- EXHIBIT "AI ,.. . 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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 rt..- ,,-l.. i' j : '. , 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 ~ .., treOlure co~t regional planning council EXHIBIT "E" ,r- ( 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 I _ ~ 1 \ I ~ I ~ ___ __."'::_.. oJ 'n;, ---~"'l J ,. I I., C'C'Q ., .. -I' 'I - I, 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 '- V H t: 1"4 I ~ U K. K. I::> .J l.. H t K t K 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>,..., ~T~"" MY E!'liC 101. SA..JERBERG. K~ J SCHJ!/lfR, P ,A. KY\.E.... SH.Vi.:t'M.'Ij' ."'loIin. riLiPMAN- RCBERTN. IM::IN!lERGE~ ".A. BRE"IT G. WOLMER, P,A. 01' COUNSEL. RICHAkO S. FV.CHLI'Ij, ::>..... "'CMAI:t: S. AACMI./,'Ij. OWS1 O"Hi!~ w ,o(AI.1MEFlI!~ -a.:...... I riIM C""l Tnol All""'..... "0( C""n,,,' .11....., eo.cni"" Po_ 1""10 ."8.e.." CMfied !!"'if\6U liti~"IOt' 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 .- r 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 ~ ' _ Z U .--l ) An Eaual ClnnortfJnilv !=mnlnVAr ...,. ~ 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 j , 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.