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LEGAL APPROVAL ORDINANCE 094-10 I I' 11 ii I AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHAlmES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-51 AND AMENDED IN ORDINANCES NOS 86-11, 86-37 AND 88-3, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380 06, FLORIDA STATUTES, 1994, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCES NOS 84-51, 86-11, 86-37 AND 88- 3) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE " i 'i WHEREAS, Riteco Development Corporation, a Florida i corporation ("Ri teco") filed with the City of Boynton Beach (the i "City") an Application for Development Approval of Comprehensive "Development of Regional Impact (the "ADA") on May 21, 1984, II regarding that certain property (the "Property") described in ,I Exhibit "A", attached hereto and made a part hereof; and , , ! 1 WHEREAS, I , the Property " Ordinance No I ,r I !i WHEREAS, Riteco subsequently conveyed its right, title and , interest in and to the Property to Boynton Park of Commerce, :1 Inc , a Florida corporation ("Boynton Park"), and, Boynton Park, II in turn, subsequently conveyed its right, title and interest in i and to the Property to Quantum Associates, a Florida general I i partnership (the "Developer"); and II WHEREAS, Developer filed with the City respective Ii applications to amend the Development Order, which applications I were approved by the City in Ordinance No 86-11, Ordinance No 1\ 86-37, and Ordinance No 88-3; and I " :1'1 WHEREAS, the term "Development Order" includes all amendments thereto; and !I I WHEREAS, Quantum Associates, a Florida general partnership 11 ("Developer") is the current owner and developer of the I, 'I remaining vacant land within the project commonly known as I Quantum Corporate Park at Boynton Beach Development of Regional Impact (sometimes hereinafter called the "Quantum Park DRI"); and the ADA was approved and the Development Order for was granted December 18, 1984 and pursuant to 84-51 (the "Development Oruer"); and WHEREAS, Developer has submitted to ~he City a Notification of Proposed Change to a Previously Approved Development of Regional Impact requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan to reflect the use of a portion of the Property previously designated for industrial, research and development and roadway purposes for a public high school operated by the r Palm Beach County School Board; and WHEREAS, the City Commission of the City of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380 06, Florida Statues (1994); and 1 WHEREAS, upon publication and furnishing of due notice, a public hearing on these proceedings was held the 5th day of April, 1994, before the City Commission of Boynton Beach; and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Developer, the City staff and the public, and the City Planning and Development Board's recommendations of the 8th day of March, 1994; and WHEREAS, said City Commission has considered all of the foregoing NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE i CITY OF BOYNTON BEACH, FLORIDA, THAT i Section 1 A notice of public hearing in the !i proceedings was duly published on the 21st day of March, 1994, I in The Post, a newspaper of general c_rculation in Boynton 'I Beach, Florida, pursuant to Chapter 380 06, Florida Statutes, I and proof of said publication has been duly filed in these : I proceedings Ii Section 2 Developer has requested that the Development Order be amended as follows A That the Amended Master Site Development Plan ("Amended Master Site Development Plan"), attached hereto as I Exhibit "B" and made a part hereof, which reflects the siting of I a 46 38 acre school site and a reduction of 30 29 acres of i industrial, 12 54 acres of research and development, and 3 55 I acres of roadway, as well as the redesignation of Tract 40 as I office/governmental and institutional and Tract 41-A as research and development/governmental and institutional, and which plan reflects the location of the public high school site in the southwest portion of the Quantum Park DRI, replace and supersede the Master Site Development Plan currently approved in the Development Order Ii B That Section 4(1) of the Development Order be amended Ii by adding the following subparagraph (f)" :1 I I! I Ii (f) Quantum Corporate Park Am~nded Master Site Development Plan dated March 28, 1994 C That references throughout the Development Order be revised to conform to the Amended Master Site Development Plan I il Section 3 Upon consideration of all matters described I in Section 380 06, Florida Statutes (1994), it is hereby determined that A The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area Ii I I I B The amendments proposed by Developer are consistent i with the local comprehensive plan and local land development regulations C The amendments proposed by Developer are consistent with the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings D The amendments proposed by Developer do not constitute 2 ! ! a substantial deviation under Chapter 380 06, Florida Statutes (1994) E The amendments proposed by Developer do not require further development of regional impact review F The use of that portion of the Property described in the Amended Master Site Development Plan as a public high school site is permitted educational/institutional use allowed under the current Planned Industrial District zoning classification of the Property Section 4 The City Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Chapter 380 06, Florida Statutes I (1994), that Developer is entitled to the relief prayed and I applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth I in Section 2 above, subject to the following special conditions I with which the Developer agrees to comply , ,I , i' ,I I " II I !' i " ,I i I , , I! " I! " " 1 (1) Satisfaction of the conditions set forth in the Development Order (2) Compliance with Utilities Department Memorandum Nos. 94-055 and 94-068, Public Works Department No 94-059 (Comment No 2), Recreation and Parks Department Memorandum No 94-074, and Planning and Zoning Department Memorandum No 94-057 (attached hereto as composite Exhibit "c" and made a part hereof) (3) Implementation of the emergency access management plan, dated February 28, 1994, presented by the School Board to the City at the City Commission meeting on April 5, 1994 (attached hereto as Exhibit "D" and made a part hereof) (4) Installation of a traffic signal at the intersection of Gateway Boulevard and Park Ridge Boulevard, approximately 500 feet east of the L W D D E-4 Canal Said traffic signal shall be operational by the opening date of the proposed school within Quantum Park and the cost of which shall be shared equally by the Developer, the Palm Beach County School Board and the City of Boynton Beach Section 5. Within one (1) year from the effective date of this ordinance, the Developer shall submit an application to I further amend the Development Order for the purpose of including !' within the Quantum Park DRI Lots 80, 81 and 82 consisting of approximately fourteen (14) acres and situated in the southeast i quadrant of the intersection of Gateway Boulevard and Park Ridge !i Boulevard and for the further purpose of addressing additional land use and acreage changes As part of the next DRI amendment, the Developer agrees to perform a transportation analysis of the intersection of Gateway Boulevard and High Ridge Road Said analysis shall be based upon the most recently proposed land uses within the DRI and shall be acceptable to the City, the Treasure Coast Regional i Planning Council and the Department of Community Affairs If the transportation analysis projects a deficient level of I service at said intersection, the Develorer shall perform such mitigation as necessary to bring the intersection operation up to an acceptable level of service Such mitigation may include intersection improvements or preferably, additional roadway access to Gateway Boulevard for the lots in the southeast portion of the project 3 Section 6 Except as otherwise amended herein, the I Development Order shall remain in full force and effect Section 7 A copy of this Ordinance shall be i transmitted by first class U S Mail, certified return receipt requested, to the Bureau of Land and Water Management, the Department of Community Affairs, Quantum Associates (the owner/developer) and the Treasure Coast Regional Planning Council Section 8 This Ordinance and the terms herein set forth shall not be effective until the recording of a deed in Ii the Palm Beach County Public Records transferring title to the proposed high school site, as set forth in the Amended Master Site Development Plan, from the Developer to the Palm Beach County School Board Upon the recording of such deed, this ii Ordinance and the amendments to the Development Order described : herein shall automatically take effect and be operative without 'i further action by the City or any other party. In the event a II deed conveying the school site from Developer to the Palm Beach I County School Board is not recorded within six (6) months from i the date of final adoption of this Ordinance, this Ordinance i shall automatically expire and be thereafter null and void for ! all purposes I: II i! Section 9 That all ordinances or parts of ordinances iI in conflict herewith be and the same are hereby repealed '! Section 10 Should any section or provision of this I ordinance or portion hereof, any paragraph, sentence, or word be I declared by a court of competent jurisdiction to be invalid, I such decision shall not affect the remainder of this ordinance I I Section 11 This ordinance I ii pursuant to Section 8 above Ii II I shall become effective FIRST READING this .f day of April, 1994 SECOND, April, 1994 FINAL READING AND PASSAGE this /~ day of ,1 I FLORIDA II L/ ayor , '~- \7i$( MayO~ p~o ~- _ _ _ __ Comm~ss~one Commissioner ATTEST ~Ao'/lO'~ ~/~/~ Ci Clerk (Corporate Seal) Dev Ord 3/28/94 Rev 4/15/94 4 EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION A Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17, thence North 1044'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89004'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1044'39" East, a distance of 1247 06 feet to the South right of way line of L W D D Lateral 21, thence North 89008'49" East along the South right of way line L W D D Lateral 21, as recorded in 0 R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635 93 feet to the centerline of the L W D D Equalizing Canal E-4, as recorded in 0 R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10032'52" East, a radius of 750 00 feet, a central angle of 4004'17", and an arc length of 53 29 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12035'00" East, a distance of 320 69 feet to a point of curve, thence ~ith a curve to the left having a radius of 6500 00, a central angle of 3028' 30", and an arc length of 394 23 feet, thence North 9006' 30" East, a distance of 1979 16 feet to a point on the North Line of Section 17, thence with a bearing of North 89016'39" East, along the North line of Section 17, a distance of 1964 50 feet, thence South 0002' 11" East, a distance of 2625 18 feet, thence North 89008'49" East, a distance ot 368 96 feet to a point on the North right of way l1ne of N W 22nd Avenue as recorded in 0 R Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19027'31" lEast, a distance of 50 00 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of North 75029'49" East, a radius of 163/02 teet, a central angle of 905J'58", and an arc length of 282 85 feet to a point, thence north 12002'41" East, a distance of 915 72 feet, thence North 0031'11" East, a distance of 399 70 feet, thence North 89012'37" East, a distance of 413 21 feet, then South 88022'56" East, a distance of 1349 70 feet to a point on the West right of way line of the Seaboard Coastline Railroad, thence South 0028'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline ot N W 22nd Avenue, thence North 88027'31" West, along the centerline of N W 22nd Avenue a distance of 672 97 feet; thence South 0033'53" East, a distance of 1306 69 feet, thence South 88045' 31" East, a distance of 333 51 feet to a point on the West right of way of the Seaboard Coastline Railroad, thence with a bearing of South 14008'23" West, along the West right of way of the railroad, a distance of 1312 49 feet, thence South 0033'53" East, a distance of 26 69 feet, thence South 13015'22" West, a distance of 920 57 feet, thence North 88050'04" West, a distance of 187 60 feet, thence with a bearing North 0049'21" West, a distance of 200 00 feet, thence North 88050'04" West, a distance of 218 00 feet, thence South 0049'21" East, a distance of 200 00 feet, thence North 88050 '04" West, a distance of 40 00 teet, thence South 0049'21" East, a distance of 556 84 feet, thence North 88050'04" West, a distance ot 3617 26 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5018'14" West, a distance of 153 13 feet, thence with a curve to the right haVing a radius of 450 00 feet, a central angle of 15036'44", and an arc length II i' I II I ilLEGAL DESCRIPTION (Continued) I i. I I i: of 122 62 feet, thence North 10018' 30" East, a distance of 1988 60 feet to a point of curve, thence with a curve to the left l~ having a radius of 450 00 feet, a central angle of 18020 I 00", !land an arc length of 143 99 feet, thence with a bearing of North .8001' 30" West, a distance of 1255 14 feet to a point on the icenterline ot N W 22nd Avenue, thence with a bearing of South 89004 I 32" West, along the centerline of N W 22nd Avenue a distance of 817 85 feet more or less to th~ Point of Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record II II I II I II I II I I I I I EXHIBIT B .. t~ =:t.ulDQ C:..."&;IIO . " tJ J woo PIN( I PIlU(A.( 15.1 .c MASTER PlAN AMENDMENT NO. 4 [RLV1SEDI MARCH 28,1994 MASTER SITE DEV]~LOPMENT PLAN . KEY PLAN LEGEND IUO' 200 ,..... ,.... - I 1101' tooa" ~.~ h'. ..... ~,., ..... Lr"'" ....... ..... /I ....., ..... / J ........ , 'i'j ..... ..... 'fi'?'''' ..." I..j..... ..... .!. t.......... ~I~ '-' CU> ~ 0.. ~ ......... ~. ~ndlAMClI AUVGAI ~ Opon ..,.... 3" OCJ ~ ~:~: ~ ~O~ 5<rO__ AoaaI :U~J 26.3 a= 29.7 ac IV1SP-l l-:~ ~-- ~:=-~ ~--- ...- 'OO.2ac Quantum Associates 129.ac Hoc 12$.2 ac ),t.oac UOC 36.9 ac 1'0"". ......, -.-.,.. "1IlCIl ."'1 .. ....el '0 ~ ..'.. to """II ~"". ,.... ''''u CQNf....,...'OiI .to.Oc .J7.oac L .~. _.c QU^NTUM , \ \ \ cY c,,\ ' - - \ \ \~ ~o \ 8J$E8"\'\' \ ~';\ \ _-_J / -----:-.,..:. 1~ ---->,~~~~-~------ \'\~ j \\ / \ ~.-- '\\ --- -- \\ '\ \~''f.8''\.\. \t_~J J -- \~::i;--\~~- --~' .. ' --- ft ' ') , _u - :llioJ1'~\.\.pv '( ! :11 \ .1EU> I \ ,I ~ \ III V----- ---- I'f __'_' --' . _f\Rf.-' -," .._\.-"N6 ij I r- I _! ,4 J ii' i I I . j.' : ! ~ ( , 1. " I ~ r -; 8 ..&'<J;t81-\.~ ,"i:1 q, ~\ \ , , ii' n Ii! ,,11 ~ ~I I j U ;11- ' 1 -~ L I I'~-~ R~! l:~1~\.\. \ \\ ~R ~~hn' p~ --- -~----:":'- , , \ , ---------- (-~~ - - E.~H\6\" C I / \' \ \ \ \ , , \ ~ \ '\ \ \ \ \ \ \ \- , \ \ \ \ \ \ \ \ \ I \ \ \ \ 1...1 '~ ~ \ \ I I I \ I \ \ 1 \ \ I \',\ \ \ \% \\1\\\\\\ ill;\" \ \' . \. ;\~ \ .- I \ \ \ f\Rl; ,\...NE. \ \ '- '- '- '- '- p\." 'I f\f\..D - -----------------------. _ .-r'" - .---' - ~ - -.- I I - ..-.- -------- .- S\lE PLAN j ~ ~ ~ ... ~ \ ~ " :: ,..~ ::: t- c, -'6 : ( :: ':). \&I~i 0' ~040 to- 0 . eOUl":s:\ o:C.J 0" lO'6 4 \ (I)~ ~ l ~ od1. \&I CD ~':CUlS. 1ft 'x: ~. ~to- '4.' ';S: 0- u ~~ ~~ ';t:~ l~ ~ ~ , ~ . <f' ;00'.0. EXHIBIT "e" MEMORANDUM Utilities #94-055 TO Tambri J Heyden, Acting Planning & DATE February 23, 1994 tor FROM John A Guidry, Director of Utilities SUBJECT Quantum Park P I D . Master Plan Modification Staff has reviewed the above referenced project and offer the following comments 1 Utility Department will require 24 hour a day access and control of existing water and sanitary sewer mains, Se c 26 33 (a ) 2 Existing sanitary sewer not utilized in construction will need to be properly abandoned under Utility Department inspection 3 Twin reduced pressure zone backflow preventors are recommended on the domestic water supplies and backflow preventors, in accordance with our current ordinance, and will be required on the new fire lines, Sec 26 107 4 City water will not be supplied for irrigation, City Comp Plan, Policy 3C 3 4 It is our recommendation that the plan proceed through the review process If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404 19b xc Clyde "Skip" Mll~oy Peter Mazzella ~ File f?e~. ~. ~~:l1 : 1. 1>>~",Jt'ACLE ~11~ 8 .e. 2.. ~u~~.tJ,c..LL1 c~~J Aa~. ~ ;';.:. 3 ;g~~ EXHIBIT "e" MEMORANDUM Utilities #94-068 FROM John A Guidry, Director of Utilities TO Tambri J Heyden, Acting Planning & DATE March 4, 1994 SUBJECT Quantum Park P I D I Master Plan Modification Staff has reviewed the above referenced project and offer the following comments Clarification for Utility Memo #94-055, Item #1 The following are suggested as options for securing 24-hour accessibility to utilities in the abandoned roadway 1 Mountable curb to access road 2 Electronically controlled arm with access code available to central dispatch It is our recommendation that the plan proceed through the review process If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404 19b xc Clyde "Skip" Milor Peter Mazzella File EXHIBIT "e" PUBLIC WORKS DEPARTMENT Memorandum No 94-059 TO Tambri Heyden, Senior planner VIA Robert Eichorst, Director ~ Bill DeBeck, Project Manager FROl-1 DATE February 25, 1994 SUBJECT Technical Review Committee Meeting Tuesday, February 22, 1994 Our comments on the two projects reviewed are as follows 1) WHIPOWILL ARMS - The site plan does not allow any space for a garbage truck to turn around and the alternate idea of backing into the main highway is unacceptable 2) The new hiqh school site needs to have an adequate 4J'ft radius area for turn around for a garbage truck at the service area We also want them to consider planning for recycling of any materials possible and access to those containers by the City of SWA vehicles ~~A/ BOB/pI EXHIBIT "e" PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-057 FROM Chairman and Members PlaQning and Development Board --://<'-'H{L-Ll ) d ~,~ (.., L_ Tambri JJ"Heyaen Acting Planning and Zoning Director TO DATE March 3, 1994 SUBJECT Quantum Park of Commerce - File No 813 Master Plan Amendment #4 (high school) Please be advised of the following planning and zoning comments with respect to the above-referenced request otherwise stated, it is recommended that these comments satisfied within 90 days of City Commission approval of amended development order related Unless be the 1 Application fee shall be paid prior to se~ond reading of the ordinance to amend the development order Applicant will be notified of the amount of the fee which will be determined after receipt of the bill for advertising the required public hearings 2 A cross-section of the required peripheral greenbelt (40 feet in width along the south property line where the PID abuts residential zoning and 25 feet in width along the west property line where the PID abuts nonresidential zoning) shall be prepared and submitted to the City for comment or shall be submitted to Quantum Associates for inclusion in Quantum's near future master plan modification application for approval of all greenbelts within the PID 3 For courtesy comments, it is recommended that the School Board provide the city a copy of the high school site plan prior to it being finalized subsequent to this, a final copy, for record keeping purposes, would also be appreciated to include the location, type and quantity of all hazardous materials used and stored 4 If a portion of Park Ridge Boulevard is closed and no longer used for private road purposes, a separate instrument shall be recorded to delete the plat dedication of that portion of Park Ridge Boulevard A recorded copy of the legal instrument shall be prOVided to the City 5 The amended master site development plan, dated February 15, 1994 shall be revised and submitted to the City to include a graphic scale, reconfiguration of parce's that has occurred for the Motor Vehicle Inspection Station and the Tri-Rail expansion and adjustment of all parcel acreages (and land use totals) to correspond with the tax maps prepared by the Palm Beach County Property Appraiser's office tjh xc Applicant Central File A QPkMPMCm TO: FROM RE: DATE: '" EXHIBIT "e" RECREATION & PARK MEMORANDUM '94-074 Tambri Heyden, Acting Planning & Zoning Director Kevin J. Hallahan, Forester/Environmentalis~~~ Palm Beach County High School Site ~ Quantum Park PID February 24, 1994 Please have a cross section of the perimeter landscape plan prepared to ensure: KH ad 1. aesthetic buffering 2 light buffering 3 sound buffering 4 DRI requirement fulfillment ~