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LEGAL APPROVAL DEVELopr \jT ORDER OF THE CITY COMM ~ION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME Quantum Park NOPC/Master Plan Amend #11 (C(Q)?W APPLICANT'S AGENT Eugene Gerlica/Quantum Group of Companies APPLICANT'S ADDRESS 2500 Quantum Lakes Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION February 20,2001 TYPE OF RELIEF SOUGHT Notice of Proposed Change (NOPC) to the Quantum Park DRI Development Order to change the Master Plan land use designations on Lots 7, 8, 9, 10, 11, 23 24, 25,26 27,28 29 30 and 31 LOCATION OF PROPERTY Quantum Park DRI DRAWING(S) SEE EXHIBIT "C" ATTACHED HERETO THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations 2 The Applicant HAS --X- HAS NOT established by substantial competent evidence a basis for the relief requested 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof l DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk, DATED All further development on the property shall be made in accordance with the ~WimRf!'!. and conditions of this order ""'\\\\\Of So. 1IIIij.l': ,... 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Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 the Comprehensive Plan by adopting the proper land use from Local Retail Commercial (LCR) to High Density Residential (HDR) Attorney Cherof read Proposed Ordinance No. 01-11 by title only Mr Herb Suss feels that this project is going to result in traffic havoc and is opposed to the project. Mr Suss stated that every time the City wants to do anything, the zoning is changed Perhaps it is time to have new zoning standards in the City Motion Commissioner Ferguson moved to approve Proposed Ordinance No Weiland seconded the motion City Clerk Kruse polled the vote. (Commissioner Black dissenting) B. Ordinances - 1st Reading 01-11 Vice Mayor The vote was 4-1 1 Proposed Ordinance No. 01-12 Re Amending the City of Boynton Beach Code of Ordinances to change the Senior Advisory Board meeting schedule from monthly to quarterly Attorney Cherof read Proposed Ordinance No. 01-12 by title only Motion Commissioner Black moved to approve Proposed Ordinance No. 01-12. Vice Mayor Weiland seconded the motion City Clerk Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 01-13 Re' Amending the City of Boynton Beach Code of Ordinances for Planning & Development Board meetings regarding the fourth Tuesday of each month Attorney Cherof read Proposed Ordinance No. 01-13 by title only Commissioner Ferguson noted that the intent of the ordinance is to reduce the Planning and Development Board meetings from twice monthly to once a month, however, the Chairman has the ability to call a meeting anytime he sees fit. Commissioner Ferguson questioned the rationale of the ordinance. Motion Commissioner Black moved to approve Proposed Ordinance No. 01-13. Motion seconded by Commissioner Ferguson City Clerk Kruse polled the vote. The vote was unanimous. 3 Proposed Ordinance No. 01-14 Re Providing for a determination whether changes to the Comprehensive Development of Regional Impact approved in Ordinance No. 84-51, and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05 and 00-02 constitute a substantial deviation under Chapter 380 06, 17 ,., ~ Meeting Minutes Regular City Commission Boynton Beach, Florida February 20,2001 Florida Statutes, 1996 and whether further development of Regional Impact review is necessary regarding such changes, approving such changes and amending the Development Order for purposes of incorporating the approved changes Attorney Cherof read Proposed Ordinance No 01-14 by title only Commissioner Fisher asked if staff had any updates on this item Mr Quintus Greene, Director of Development and CRA Director, took the podium and said that staff was prepared to discuss the technical merits of this case. In August 2000 the City Commission held a goals' retreat where 55 strategic initiatives in eight broad categories were developed One category was entitled "guiding appropriate development and redevelopment in Boynton Beach" Within this category were two high priority initiatives, one to develop an outline and action plan the Federal Highway/Martin Luther King/Boynton Beach Corridor The second high initiative was for promotion of development in the City that would contribute to the diversification of the City's economy Staff feels that issues in this case go against the strategic goals outlined by the Commission less than one year ago. Mr Greene pointed out that the representatives from Quantum Park are on record that they are proposing a new downtown for Boynton Beach in Quantum Park. This is in conflict with the Commission's goal of revitalizing downtown along Federal Highway It is the opinion of the City's professional staff that Quantum's proposal is not only inconsistent with the goals of the Commission, but has the potential to actually damage existing and future revitalization efforts by diluting the multi-family residential market necessary to support the commercial rebirth of downtown Boynton Beach Also, Mr Greene pointed out that Quantum's proposal is inconsistent with the goal of promoting development that would contribute to the diversification of the City's economy This proposal removes 23 acres of land from an Industrial land use category and converts it to residential development. This would be in addition to the more than 60 acres that were removed from an industrial category in the same area for essentially the same purpose just one year ago. Staff recommends that the proposed modification of the Quantum Master Plan be denied. Commissioner Rsher pointed out that Boynton Beach currently has 6,000 apartments, Dekay Beach has 4,000 and Boca Raton has 4,000 and questioned if a new analysis should be undertaken from an apartment point of view on how much the City could absorb. Commissioner Rsher said that he did not see enough commercial construction in Quantum to support additional apartments at this time. Vice Mayor Weiland noted that last March the Commission was asked to approve 500 residential units in Quantum Park and this was agreed to by all parties. Now Quantum is coming back asking for an additional 500 apartments before the first shovel of dirt has been turned. Vice Mayor Weiland felt that 500 additional apartments was not warranted in Quantum Park. Commissioner Black felt that the Commission should follow staff's recommendation Commissioner Black noted that when the first project was approved last March, there is still no permit waiting in City Hall to build the mixed-use offices, the movie theater, the 76,650 square 18 Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 feet of restaurants, and the 82,000 square feet of office space. Mr Black has concerns that the projects will remain strictly residential and the mixed-use will never come to fruition Commissioner Ferguson pointed out that the Commission is not being asked to approve any more apartments and this is merely a conceptual design being presented tonight. Commissioner Ferguson pointed out that the Planning & Development Board voted 6-1 in favor of the project, as well as it being approved by the Treasure Coast Regional Planning Council Commissioner Fisher felt it was an issue of timing and if this particular piece of property was difficult to build on, perhaps the City and representatives of Quantum could sit down and discuss the issue. Commissioner Fisher feels that the City should cooperate with Quantum and sit down and discuss with them what the City would like to see go up on this land. Mayor Broening did not feel that this project would compete with a downtown project and that in staff's report it states that the demand for apartments for Palm Beach County is great and Mayor Broening feels the demand is there. Mayor Broening also pointed out that the development is essentially built out except for a relatively few acres. He stated that he supports the project conceptually, but also feels that the Commission should listen to staff Because this is first reading of an ordinance, there is no public input. However, Mayor Broening asked Mr Wische, Chairman of the Planning and Development Board to make any comments if he so wished. Mr. Lee Wische, 1302 SW 18th Street noted that the project came before the Planning and Development Board as a conceptual project and would not be built tomorrow The other phase must be built first, but the applicant needs the go ahead in order to make future plans. Mayor Broening asked Attorney David Norris to comment on behalf of the applicant. Mr Norris disagreed that not much has been accomplished since the applicant's first mixed-use project had been approved last March Mr Norris pointed out that after that approval, it was necessary for them to request a change in the code to permit a mixed-use development, which took a great deal of time. The applicant then went through the site plan process for Grotto Bay, the residential component of the project. Mr Norris stated they were close to having the building permits issued to begin development. After that, they plan on coming into the City with their Master Plan for the entire development. Mr Norris also pointed out that they offered their staff to assist the City staff with the City's park project. Further, Mr Norris said there was a demand for apartments and they would not be building apartments if the demand was not there. Also, the area being proposed for the project is a prime area for residential mixed-use component. Mr Norris also stated that they were required by Code to do the mixed-use, but staff previously indicated that that they did not want to get into the timing and that this was the developer's decision Mr Norris requested that the project be allowed Vice Mayor Weiland said that Mr McDonald told him last March that the project would begin in July or August of 2000. To date nothing has happened. Vice Mayor Weiland suggested that after the 62-acre project is completed, that the applicant come back to the Commission if the need for more residential surfaces. Vice Mayor Weiland saw no urgency tonight to approve the conceptual idea. 19 ,., 'W' Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 Mr Norris reiterated that it has taken this long to get started with the first project due to the newness of the mixed-use designation to the City and they are on the verge of getting their permits. Mr Bressner pointed out that the City worked with Quantum to change the Code to assist them in process and the City recognized that the zoning ordinance was not applicable to what Quantum wanted and the City accommodated them Mayor Broening reported that the Commission was here tonight to consider the applican~s concept for this particular piece of property Mayor Broening did not feel that the 55 initiatives set by the City applied to this application. Mr Greene felt the issue is where the City wants to focus its efforts in terms of development. Mr Greene said that in order for Boynton Beach to have a viable commercial downtown it is absolutely essential that the City has a strong residential base to support it. Mr Rumpf, Director of Planning, pointed out that there is a need for rental units, but questioned how long the need would last. Mr Rumpf also noted that it will take a greater effort to develop the downtown than placing units in Quantum Park. Mr Rumpf felt if units went up elsewhere in the City, it could weaken the efforts being made in the downtown Mr Eugene Gerlica, representing the Quantum Group, said that many of the facts stated by Mr Greene are wrong Mr Gerlica stated that the initiative was done in August 2000 and the mixed-use project of 62 acres was approved in March 2000. He stated that they have been working aggressively in both the planning and permitting stages. With regard to the loss of 23 acres of industrial land, Mr Gerlica pointed out that only seven acres have office or industrial use designation and there has been very little interest for industrial use in this land. Of the 62 acres in the first project, 22 1/2 acres was designated attraction and recreation and on the south side, 22 acres was commercial Mr Gerlica stated that it takes 120 days to get a South Florida Water Management permit in order to move the dirt and that permit application was made in December 1999 After the approval came through to clear the land and move the dirt, application was made to the City Also, they redesigned the Clubhouse. Mr Gerlica stated that they have joint ventured the entire development with Owen Development that builds apartments throughout the County and is now focusing upon the Palm Beach County market. They have built in Delray Beach and Manatee Bay in Boynton Beach It is anticipated that the Master Site Plan will be submitted in mid-April. Mr Bressner said that staff proceeds based upon a number of information points, technical review; impact; various merits of a development; and a great deal of consideration is given to what staff has directed as priorities in the City Mr Bressner pointed out that staff has taken a great deal of credence of the 55 initiatives adopted by resolution by the Commission and as Mr Greene indicated, those two directives are prime directives. Staff has determined that this particular project is out of sync with those priorities. Further, the Intracoastal and Federal Highway Corridor were viewed as prime directives by this Commission Also, Mr Bressner stated that the proposal by the Planning and Development Board to add an additional six acres of industrial classification was not presented to the Regional Planning Agencies. Therefore, staff does not know if the addition of those six acres has to be remanded back to the Planning Agencies. 20 Meeting Minutes Regular City Commission Boynton Beach, Florida February 20, 2001 Attorney Cherof felt that at some point the Planning Councils will insist upon having the opportunity to review this, either by the applicant resubmitting it or alternatively via an appeal Mr Norris replied that they did not ask for the additional six acres of industrial classification, but it was a condition of the Planning and Development Board. They would be agreeable to deleting this condition as it was put in merely to address a concern of staff Mayor Broening felt that the downtown area would be market driven as other areas in the City are improved. Vice Mayor Weiland also was not certain if this would dilute the downtown and he has always shown his support for Quantum in the past. However, at this present time there is nothing that would show there is a need for this conceptual idea tonight. Commissioner Black would like to see the first development move along and the City be shown a sign of good faith by proceeding with the mixed-use portion of the project. Commissioner Black did not see the need for any additional apartments in the City and that Manatee Bay is over 50% vacant. Commissioner Black suggested that this project could come back to the Commission at a future date. Mr Bressner also stated that the City needs jobs and that by bringing in a mixed-use project, some jobs have been eliminated, which staff also pointed out to the Planning & Development Board Also, the cost for providing services for residential development is more costly than those provided to employment-based development. Motion Commissioner Ferguson moved to approve No. 01-14 Mayor Broening passed the gavel and seconded the motion. City Clerk Kruse polled the vote. The motion failed 2-3 (Commissioner fisher, Wce Mayor Weiland and Commissioner Black dissenting). C. Resolutions. None D Other' 1 Ratification of Code Compliance Board action a Rescind the fine in Case #96-5124 (2216 NE 3rd Street) The original fine totaled $31,650 plus $922.21 in administrative costs. Commissioner Rsher noted that he was questioning the finding in this case. Commissioner Rsher felt that the administrative costs should have at least been covered. Mr Scott Blasie, Code Compliance Administrator, responded that there was no hardship in this case, but the party that applied for the reduction was a third party and is removed from the case because the applicant was trying to purchase property in Delray Beach, and not the property in Boynton Beach Mr Blasie reported that notification was good and it was noted that the person who received notice of the violations back in 1996 was deemed mentally incompetent shortly thereafter and lost the property in foreclosure. The Boynton Beach property was eventually purchased at foreclosure and has been brought into compliance. 21 ~ ....- Meeting Minutes Regular City Commission Boynton Beach, Florida February 20,2001 The Boynton Beach lien attached to the property in Delray Beach, which necessitated the applicant coming in to apply for a lien reduction Mayor Broening inquired if the administrative costs were incurred by the new owner or the previous owner and Mr Blasie stated it was the previous owner Commissioner Fisher replied that he felt the City should recover its administrative costs and did not feel that the fine should be assessed Mr Vince Zabik took the podium and stated that he purchased the property in Delray Beach and when he purchased the property, he did do a title search However, it was the Boynton Beach property that had the original lien and the lien attached to both properties Mr Zabik stated that when he appeared before the Code Compliance Board he was told that the lien would be released and subsequently closed on the Delray Beach property Now, Mr Zabik said he is back before the City and that he purchased the property because he was told that the lien would be released Commissioner Rsher felt that the person who purchased the Boynton Beach property should pay the administrative costs and asked if that person was present? There was no response. Mayor Broening asked what the actual costs to the City were and Mr Blasie responded it was man hours and the cost for recording the documents, which was $250 00 Motion Commissioner Ferguson moved to rescind the fine in Case #96-5124 except for $250 00, which represents the out-of-pocket costs to record the documents. Vice Mayor Weiland seconded the motion. Motion carried 4-1 (Commissioner fisher dissenting). Vice Mayor Weiland requested that if Mr Blasie comes before the Commission in the future with any lien reduction cases, he would like to have his item placed at the beginning of the meeting because Mr Blasie waited three hours to be heard Mr Bressner said he could add these cases under Manager's Report. . 2. Status Report of Orbit's Conditional Use Approval (February 20, 2001) Police Chief Marshall Gage reported on the following ./ The Commission granted the Orbit Nightclub a conditional use license on October 17, 2000 and the permit was issued on October 20th The applicant at that time did not get a business license. ./ The Club opening took place on November 3m through the 5th ./ On November 4th a large party took place and they were issued a notice to appear for operating without a license. ./ After another large party on November 11th, another notice to appear for operating without a license was issued. ./ The Manager was issued the notice on one occasion and Carl Brockdoff, the owner, was issued a notice to appear on the second occasion. ./ A business license was issued on November 22nd ./ On December 14th the owner and manager failed to appear in court and were arrested that evening for failure to appear Those charges have subsequently been resolved and both charges resulted in a $75 00 fine. 22