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!'!.
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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
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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.
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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.
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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.
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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.
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