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AGENDA DOCUMENTS ( .. '7 - r /./ PLANNING AND ZONING DEPARTMENT ME~ORANDUM NO 94-098 Agenda Memorandum for April 19, 1994 City Commission Meeting FROM J Scott Miller Ci)1' Mana.~r r-7t~ ~1A / Y!m~Zte.~ Acting Planning and Zoning Director TO DATE April 14, 1994 SUBJECT Quantum Park - #MPMD 94-001 Master Plan Modification No 4 for high school (Amendment to Development Order) Please place the above-referenced item on the City commission agenda for April 19, 1994 under Legal, Ordinances - Second Reading The attached ordinance was approved, at first reading, by the City Commission at the April 5, 1994 meeting As was discussed at the meeting, the following changes have been made to the ordinance 1 Section 2 Incorporation of language required by the Department of Community Affairs (DCA), regarding the redistribution of acres by land use, as well as the option on lots 40 and 41A for additional school acreage, reflected on the most recent master plan submitted after the original application was made, 2 Section 4 - Inclusion of the requirement for installation of a traffic signal at the intersection of Gateway Boulevard and Park Ridge Boulevard, north of the school site Said signal to be operational by the opening date of the school and the cost of which shall be shared equally by the developer, the School Board and the City, and 3 Section 5 - Addition of language that would require the level of service problem at the intersection of Gateway Boulevard and High Ridge Road, created by the closure of Park Ridge Boulevard, to be mitigated by either turn lane improvements at the intersection or, preferably, the addition of an internal connector between Gateway Boulevard and Park Ridge Boulevard Both City staff and the Treasure Coast Regional Planning Council staff believed that the applicant had agreed at the meeting to provide an internal connector with their substantial deviation application, due within one year of approval of this ordinance Based on that understanding, City staff represented to the Commission at the meeting, that they would amend the ordinance to include this requirement However, the applicant has stated that this was a misunderstanding and now agrees to either make turn lane improvements at the in1;ersection of Gateway Boulevard and High Ridge Road, or construct an additional connector I have been informed that written comments from the Treasure Coast Regional Planning council regarding their review of the applicant's traffic analysis submitted April 5, 1994, will be received prior to the April 19, 1994, city commission meeting tjh Encs xc Central File A QPkD040r ORDINANCE 094-10 I I I AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES 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 WHEREAS, Ri teco Development Corporation, a Florida corporation ("Ri teco") 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 in Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the ADA was approved and the Development Order for I the Property was granted December 18, 1984 and pursuant to I Ordinance No 84-51 (the "Development Order"); and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the Property to Boynton Park of Commerce, Inc , a Florida corporation ("Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"); and WHEREAS, Developer filed with the City respective applications to amend the Development Order, which applications were approved by the City in Ordinance No 86-11, Ordinance No 86-37, and Ordinance No 88-3; and WHEREAS, the term "Development Order" includes all amendments thereto; and WHEREAS, Quantum Associates, a Florida general partnership ("Developer") is the current owner and developer of the remaining vacant land wi thin the project commonly known as Quantum Corporate Park at Boynton Beach Development of Regional Impact (sometimes hereinafter called the "Quantum Park DR!"); and WHEREAS, Developer has submitted to the 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 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 I' I I ! I I i ~ II " II ! I WHEREAS, upon publication and furnishing of due notice, a II public hearing on these proceedings was held the 5th day of I April, 1994, before the City commission of Boynton Beach; and I WHEREAS, said city Commission has considered the testimony, I reports and other documentary evidence submitted at said public I hearing by Developer, the City staff and the public, and the I City Planning and Development Board's recommendations of the 8th I day of March, 1994; and I 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: Section 1 A notice of public hearing in the proceedings was duly published on the 21st day of March, 1994, in The Post, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380 06, Florida Statutes, and proof of said publication has been duly filed in these proceedings 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 Exhibit "B" and made a part hereof, which reflects the siting of a 46 38 acre school site and a reduction of 30.29 acres of industrial, 12.54 acres of research and development, and 3 55 acres of roadway, as well as the redesignation of Tract 40 as 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 B. That Section 4(1) of the Development Order be amended i by adding the following subparagraph (f)" II I (f) Quantum Corporate Park Amended 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 Section 3 Upon consideration of all matters described 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 B The amendments proposed by Developer are consistent 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 ,I 2 I I! II I' I ,. II II II I I a substantial deviation under Chapter 380 06, Florida statutes II (1994) I E The amendments proposed by Developer do not require i further development of regional impact review I II i I I 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 (1994), that Developer is entitled to the relief prayed and 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 II' with which the Developer agrees to comply (1) Satisfaction of the conditions set forth in the I Development Order I' (2) Compliance with Utilities Department Memorandum Nos I 94-055 and 94-068, Public Works Department No. 94-059 I (Comment No 2), Recreation and Parks Department Memorandum I No 94-074, and Planning and Zoning Department Memorandum I, No 94-057 (attached hereto as composite Exhibit "c" and I made a part hereof) (3) Implementation of the emergency access management I plan, dated February 28, 1994, presented by the School I! Board to the City at the City Commission meeting on April II 5, 1994 (attached hereto as Exhibit "0" and made a part I' 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 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 I I II I I i Section 5 Within one (1) year from the effective date Ii of this ordinance, the Developer shall submit an application to II further amend the Development Order for the purpose of including within the Quantum Park DRI Lots 80, 81 and 82 consisting of I, approximately fourteen (14) acres and situated in the southeast II quadrant of the intersection of Gateway Boulevard and Park Ridge Boulevard and for the further purpose of addressing additional I 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 Planning Council and the Department of Community Affairs If the transportation analysis projects a deficient level of service at said intersection, the Developer 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 II II I II II 'I Section 6. Except as otherwise amended herein, the Development Order shall remain in full force and effect I I Section 7 A copy of this Ordinance shall be I transmitted by first class U S Mail, certified return receipt I requested, to the Bureau of Land and Water Management, the /' Department of Community Affairs, Quantum Associates (the I' owner/developer) and the Treasure Coast Regional Planning I Council I Section 8 This Ordinance and the terms herein set I forth shall not be effective until the recording of a deed in the Palm Beach County Public Records transferring title to the I proposed high school site, as set forth in the Amended Master II Site Development Plan, from the Developer to the Palm Beach II County School Board Upon the recording of such deed, this Ordinance and the amendments to the Development Order described I herein shall automatically take effect and be operative without further action by the City or any other party. In the event a I deed conveying the school site from Developer to the Palm Beach , County School Board is not recorded within six (6) months from the date of final adoption of this Ordinance, this Ordinance shall automatically expire and be thereafter null and void for all purposes Section 9 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 10 Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance SECOND, FINAL READING AND PASSAGE this April, 1994 day of i I I I I I I I I I I I I I , 1 i I i I I I I I I I i i I I , I I ! Section 11 This ordinance shall become effective pursuant to Section 8 above FIRST READING this day of April, 1994 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern ,I '1 II , I ATTEST Commissioner Commissioner City Clerk (Corporate Seal) Dev.Ord 3/28/94 Rev 4/15/94 4 Ii EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTI~N A Tract of land lY1ng partially in Sections 16, 17, 20 and 21, To~nship 45 South, Range 43 East, Palm Beach County, Florida, sa1d 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 ot Section 17, a distance ot 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 w1th 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 Beg1nning, thence North 1044'39" East, a distance of 1247 06 feet to the South right ot way line of L W D D Lateral 21, thence North 8qo08' 49" East along the South right ot way line L W D D Lateral 21, as recorded in 0 R Book 1732, Page 612, of the Publ ic pecords of Palm Beach County, Florida, a d1stance 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 b12, 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 with a curve to the lett having a radius of 6500 00, a central angle of 3028' 30", and an arc length of 394 23 teet, thence North 9006' 30" East, a distance of 1979 16 teet 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 ot 2625 18 feet, thence North 89008'49" East, a distance of 368 q6 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" East, a distance ot 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 1637 02 feet, a central angle of 9053'58", 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 d1stance of 672 97 feet, thence South 0033'53" East, a .distance of 1306 69 feet, thence South 88045'31" East, a d1stance 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 ra11road, a distance of 1312 49 feet, thence South 0033'53" East, a distance of 26 69 feet, thence South 13015'22" West, a distance ot 920 57 feet, thence North 88050'04" West, a distance of 18760 feet, thence with a bear1ng North 0049'21" West, a distance ot 200 00 feet, thence North 88050'04" West, a distance ot 218 00 teet, thence South 0049'21" East, a distance ot 200 00 feet, thence North 88050' 04" West, a distance of 4 0 00 teet, thence South 0049'21" East, a distance of 556 84 feet, thence North 88050'C4" West, a distance ot 3617 26 feet to a point on th'= centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5018'14" West, a distance of 15~ 13 feet, thence with a curve to the right having a radius of 450 00 teet, a central angle of 15036'44", and an arc length LEGAL DESCRIPTION (Cont1nuedl of 122 62 teet, thence North 10018 '30" East, a distance of 988 60 feet to a p01nt ot curve, thence with a curve to the lett having a radius ot Ii 50 00 feet, a central angle of 18020 I 00" , and 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 centerline ot N W 22nd Avenue, thence with a bearing of South 89004'32" West, along the centerline of N W 22nd Avenue a distance of 817 85 feet more or less to the Point of Beginning containing 591 55 acres more or less and subject to easements and rights of way of record -r.:XHIBIT B t~ :::""0. ~:tfl' . .. ~ ) ..... ...-.. ._. .-......-..--- MAStER PIAN AMENDMENT NO. 4 (Rl'VI5EOI MARCH 28. 1994 I r-' --" l{ _. 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Quantum Associates "'ClCJ 43.$oc 1J.1ClC 6.DCIC QUANTUM EXHIBIT C 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" Milor Peter Mazzella ~ File ,. ( 1 \ ~ J ~~. I 0, f i.":.,. .... . J I I 1. L ~ l)'NC<< .:. , . /.tJ....... · ,...\\ . , ! I t ,,'" ~ _ _ 01 t a ~ ~ .. :, , ( I J \ l:.- ~'1 .. ~~ . '- .; , .,..! EXHIBIT C 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 , 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 C PUBLIC WORKS DEPAFTMENT Memorandum No 94-059 TO Tambri Hayden, Senior planner Robert Eichorst, Director ~ VIA FROl-1 Bill DeBeck, Project Manager 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 hiah 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 aHA vehicles k~ A/" ffl'll r. _T"> - ~k uo::::~o::::'- BDD/pl EXHIBIT C- RECREATION & PARK MEMORANDUM '94-074 FROM: Tambri Heyden, Acting Planning & Zoning Director Kevin J. Hallahan, Forester/Environmdntalis~~~) Palm Beach County High School Site ~ Quantum Park PID February 24, 1994 TO: RE: DATE: Please have a cross section of the perimeter landscape plan prepared to ensure: 1. aesthetic buffering 2 light buffering 3. sound buffering 4. DRI requirement fulfillment KH: ad m EXHIBIT C PLANNING AND ZONING DEPARTMENT MEMORANDU~ NO 94-057 FROM Chairman and Members planping and Development Board ...//L"<{'L~ ) d ,{ t. .... Tambri J 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 second 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 parcels 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 EXHIBIT 0 --, LOT . 41C \ _1 --- - \ ..- . ,"" \ \ , I , SOF1'8ALL I -- \ -~ S:,<- -- " -,:- J ~ - P' .~ I I ~~t'ALLpLA Y =1::: =t: FIELD I \ i \ (LOTI ~ \ I \ \ ~ >-~ _ ...0:: \ ~~ z 0 ~~~ git \ ~04 (.) .. '-000 :1:' .. ~ X (.) I ~:J:S CJ < Ao(.)O < W ~ CI):Z: W CD III ~ CD :I Z:Cw2~ ,,:z:~4 _"4~ :c D. ~ LOT . 40 LOT' 418 LOT . 428 LOT S ,. ; :r. '! \",J ~ d ...... ,-"-- ~. ~ "35 Q.)~~ ~ ~ ....::]~ .", ':f:. r.-" o2g ';:C sg-.) bng~ ~ r.f.:J C) r.f.:J.S ~~ ~C1J ~ 00 ~~~ V _,.- .!::$ [ ] ~~ LOT , 42A LOT 1 I tENNIS / ,/ ;;/ ,/ z \~ t: II) i 8 II t .. ~ I i Z I U u 0 I \ u ~ ~ " ~ .. Ii i! ~ I ... CJ LOT , 43A f;ROlO'f"ft"{ ..... 1,\o')iOO CD SITE PLAN GM . _H -$ ~ -------------- '-'-N~ '- d -rJ '-- PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-080 Agenda Memorandum for April 5, 1994 city Commission Meeting FR0l1 J Scott Miller C~ Mana(jr 1) ~ ~~hMe)1 Acting Planning and Zoning Director TO DATE March 31, 1994 SUBJECT Quantum Park - File No 813 Master Plan Modificationt No 4 for high school (amendment to development order) Please place the above-referenced item on the city Commission agenda for April 5, 1994 under Legal, ordinances - First Reading An amended Quantum Park development order is necessary if, after conducting a public hearing, also scheduled for the April 5, 1994 City Commission meeting (see separate Planning and Zoning Department Memorandum No 94-079 regarding the Quantum Park master plan amendment no 4 for the high school), the City commission makes a determination that the proposed amendments to the Quantum Park development order are not substantial in nature and do not require further development of regional impact review since the original development order was approved by ordinance, amendments to the development order also require passage of an ordinance tjh Attachment xc Central File A QPkRVD04 ORDINANCE 094- AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPPOVED 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 FURTHEP 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 WHEREAS, Ri teco Development Corporation, a Florlda corporatlon ("Riteco") filed with the City of Boynton Beach (the "City") an Appl1cation for Development Approval of Comprehens1ve Development of Regional Impact (the "ADA") on May 21, 1984, regarding that certa1n property (the "Property") described in Exhibit "A", attached hereto and made a part hereof, and \ \ \ \ WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 and pursuant to Ordinance No 84-51 (the "Development Order"), and WHEREAS, R1teco subsequently conveyed 1tS right, t1tle and 1nterest in and to the Property to Boynton Park of Commerce, Inc , a Florida corporat1on ("Boynton Park"), 3.nd, Boynton Park, in turn, subsequently conveyed its r1ght, title and interest in and to the Property to Quantum Associates, a Florida general partnersh1p (the "Developer") I and WHEREAS, Developer filed W1 th the Ci ty respective applications to amend the Development Order, which applications were approved by the City in Ordlnance No 86-11, Ordinance No ~ 86-37, and Ordinance No 88-3, and WHEREAS, the term "Development Order" includes all amendments thereto and WHEREAS, Quantum Associates, a Florida general partnership ("Developer") is the current owner and developer of the remain1ng vacant 1 and wi thin the pro) ect commonly known as Quantum Corporate Park at Boynton Beach Development of Regional Impact (solT.etimes hereinafter called the "Quantum Park DRI"), and WHEREAS, Developer has subm1tted to the 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 rev1s1ng the Master Site Development Plan to reflect the use of a portion of the Property previiusly des1gnated for industrial, research and development and roadway purposes for a public high school operated by the Palm Beach County School Board, and WHEREAS, the City Commission of the City of Boynton Beach, as the governlng body having ) urisdict10n, 1S author1zed and 1 empowered to consider appllcations for amendments to development orders approvlng devalopments of regional lmpact pursuant to Chapter 380 06, Florlda Statues (1994), and WHEREAS, upon publication and furnishing ot due notice, a public hearing on these pr::>ceedings was held the 5th day of Aprll, 1994, before the City Commission of Boynton Beach, and WHEREAS, sald City CommiSSlon 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 ot March, 1994, and WHEREAS, said City Commission has consl.dered all of the foregoIng NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT SectIon 1. A notIce at publIC hearing in the proceedings was duly pUbll.shed on the 21st day of March, 1994, in The Post, a newspaper of general cIrculation In Boynton Beach, Florida, pursuant to Chapter 380 06, Florida Statutes, and proof of said publlcatl.on has been duly filed in these proceedings Section 2. Developer has requested that the Development Jrder be amended as follows A That the Amended Master Slte Development plan ("Amended Master Site Development Plan"), attached hereto as Exhibit liB" and made a part hereof, which plan reflects the locatIon ot a public high school slte in the southwest portion of the Quantum Par} DRI replace and sJpersede the Master Site Development Plan currently approved In the Development Order B That Sectlon 4(1) of the Development Order be amended by adding the following subparagraph (f)" (f; Quantum Corporate Park Amended Master Site Development Plan dated March 28, 1994 C That references throughout the Development Order be revlsed to conform to the Amended Master Site Development plan Sectlon 3. In Section 380 06, determined that Upon consideratlon of all matters described Florida Statutes (1994), it is hereby A The amendments proposed by Developer do not unreasonably Interfere with the achievement of the objectives ot the adopted state land development plan applicable to this area B The amendments proposed by Developer are consistent WI th tne local corilprehensl ve plan and local land development regulatlons C The amendments proposed by Developer are consistent wIth the recommendatlons of the Treasure Coast Regional Plannlng councIl on file in these proceedings D The amendments proposed by Developer do not constitute a substantial deviation under Chapter 380 06, Florida Statutes (1994) -. <- E The amendments proposed by Developer do not require further development of reg10nal impact review F The use of that portlon of the Property described in the Amended Master Site Development Plan as a public hlgh school site is permitted educational/1nst1tutional use allowed under the current planned Industrial D1strict zon1ng class1tication of the Property Section 4. The City Comm1ssion has concluded as a matter of law that these proceed1ngs have been duly conducted pursuant to the prov1sions of Chapter 380 06, Flor1da Statutes (1994), that Developer 1S entitled. to the relief prayed and applied for, and that the Development Order is hereby amended 1ncorporating the amendmeLts proposed by Developer as set forth in Section 2 above and 1ncorporating the emergency access management plan presented by the School Board to the City at the Plannlng and Development Board meet1ng on March 8, 1994, and Utllitles Department Memorandum Nos 94-055 and 94-068, Publ1C Works Department No 94-059 (Comment No 2), Recreat10n and ParKS Department Memorandum No 94-074, and Planning and Zoning Department Memorandum No 94-057 (attached hereto as composite Ex1ubi t "C" and made a part hereof) Sect10n 5. Wlthin one (1) year from the effective date of th1S ordinance, the Developer shall submit an application to further amend tne Development order for the purpose of including w1th1n the QLantum Park DR! Lots 80, 81 and 82 consist1ng of approximately fourteen (14) acres and situated in the southeast quadrant ot the 1ntersectlon of Gateway Boulevard and Park Ridge Boulevard and for the turther purpose of addressing additlonal land use and acreage changes Section b. Except as otherwise amended herein, the Development Order shall remain in full force and effect Section 7. .n.. copy of this Ordinance shall be transmitted by first class U S Mail, certified return receipt requested, to the Bureau ot Land and Water Management, the Department of Communlty Affairs, Quantum Associates (the owner/developer) and the Treasure Coast Regional planning Counc11 Sect10n 8. This Ordinance and the terms here1n set torth shall not be eftective until the recording ot a deed in the Palm Beach County Public Records transferring title to the proposed hlgh school slte, as set forth in the Amended Master Sl te Development Plan, from the Developer to the Palm Beach County School Board Upon the recording ot such deed, this Ord1nance and the amendments to the Development Order descr1bed hereln shall automatically take eftect and be operative without further action by the City or any other party In the event a deed conveying the school site from Developer to the Palm Beach County School Board is not recorded within six (6) months from the date of flnal adoptlon of th1S Ord1nance, this Ord1nance shall automatlcally expire and be thereafter null and void for all purposes Section 9. That all ordinances or parts of ordinances 1n conflict herewith be and the same are hereby repealed Section 10. Should any sectlon or prov1sion of this ordlnance or portlon hereof, any paragraph, sentence, or word be declared by a court of competent Jurisdiction to be 1nvalid, such declsion shall not affect the remainder of this ord1nance 3 SectJ.on 11. ThJ.s ordinance shall become ettective pursuant to Section 8 above FIRST READING this day of April, 1994 SECOND, FINAL READING AND PASSAGE this April, 1994 day of CITY OF BOYNTON BEACH, FLORIDA Mayor VJ.ce Mayor Mayor Pro Tern Commissioner CommissJ.oner ATTEST City Clerk (Corporate Seal) ':lev Or1 3125/94 4 EXrUB'1 C ---,-~~_/::-;- \ - \ I f i I j ~/ I I \ \ \ I \ -- -- -'. ~ r-:C.:........ \ ~~cccc,CCC,C~"~ \\\ ~ / \ -:;:--:-=----- II \-.// \ \ '~ \\ - ~ \, \ \r>; S.O~t8A\.\. \ \ \\ 0) \----!J l~'-::_.;'~j/ ~-<./ -~ -\ \ __r~ --\ ~ r-~'----~--~- ] ]~_ i il \1 :, ~$Of16f'\.\.P\.A 'f .1 ,~I i \ f\E\.D \ II \ . 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" ~; ~ ~. ~~ e~ ~....\,....j.... ~ ~ t tal t;: Cf) \" 'iOO';O- ( ,_~~~-t-(... t, --r 7- -~ .( PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-079 Agenda Memorandum for April 5, 1994 City Commission Meeting FROM J Scott Miller C~y ~an~e'I",~ ~r~~ Acting Planning and zoning Director TO DATE March 31, 1994 SUBJECT Quantum Park of Commerce - File No 813 Master Plan Modification No 4 (high school) Please place the above-referenced item on the city Commission agenda for April 5, 1994 under Public Hearing DESCRIPTION. James Willard, agent for Quantum Associates, property owner of the Quantum Park at Boynton Beach, located on the west side of I-95, between Miner Road and the Boynton (C-16) Canal, is requesting the following a) approval of amendments to the development order for Quantum Park at Boynton Beach, b) that the City Commission make a finding that the proposed changes do not constitute a substantial deviation under Chapter 380, Florida Statutes, and that no further D R I (Development of Regional Impact) approval is necessary, c) City Commission issuance of an amendment to the development order (this is scheduled as a separate item on the April 5, 1994, City Commission agenda, under Ordinances - First Reading) and d) that the City Commission find that the revised master plan does not constitute a substantial change to the master plan and approve the revised master plan, under the City's PID (Planned Industrial Development) regulations fhe attached Planning and Zoning Department Memorandum No 94-055 provides a detailed description of the revised master plan and the proposed amendments to the development order Briefly, a redistribution of land uses within the park, including introduction of a new land use - governmental/institutional, and closure of a portion of Park Ridge Boulevard is requested to accommodate a public high school RECOMMENDATION. At their March 8, 1994 meeting (a copy of the minutes are attached as Appendix I), the Planning and Development Board, with a vote of 4 - 3, recommended that the City Commission a) approve the proposed amendments to the Quantum Park development order, b) make a finding that the proposed amendments do not constitute a substantial deviation under Chapter 380, Florida statutes, and that no further DRI approval is necessary, and c) find that the revised master plan does not constitute a substantial change under the city's PID regulations In a separate mot on, the Planning and Development Board, with a vote of 4 - 3, recommended approval of the revised master plan, subject to the emergency access management plan presented at the Planning and Development Board meeting (a copy is provided within Exhibit "C" of the ordinance to amend the development order, scheduled for first reading at the April 5, 1994 City Commission meeting) and the ~ollowing staff comments Engineering Department Memorandum No 94-062 (only of recommendation for installation of traffic signal at the intersection of Gateway Boulevard and Park Ridge Boulevard, north of the high school site), Utilities Department Memorandum Nos 94-055 and 94-068, TO J Scott Miller -2- March 31, 1994 Police Department Memorandum No Works Department Memorandum No Zoning Department Memorandum No Department Memorandum No 94-074 94-034 (comment #4 only), Public 94-059 (comment #2), Planning and 94-057 and Recreation and Parks In addition to review of this request by the local government, Florida statutes require review of proposed changes to any previously approved DRI by the state land planning agency (Department of Community Affairs - DCA) and the regional planning agency (Treasure Coast Regional Planning Council - RPC) State statutes provide DCA and the RPC 30 days to review the proposed changes after they are submitted and to inform the local government of its intention to participate at the required public hearing before the local government, in this case the April 5th meeting where the City Commission must determine whether the changes proposed constitute a substantial deviation The RPC's comments are provided in Appendix II No written comments have been received by DCA, however they have contacted me on several occasions and their comments echo those comments received from the RPC The RPC's comments can be summarized as follows, including solutions 1 Based on the revised master plan, dated February 15, 1994, 14 additional acres of land owned by Quantum Park (the PCD Center subdivision at the southeast corner of Gateway Boulevard and Park Ridge Boulevard, adjacent to the Seaboard Airline Railway and Interstate 95, the property originally owned by the City, which was exchanged with the original developer of Quantum Park for the city park property within Quantum Park) were shown as an addition to the DRI Any addition of land automatically constitutes a substantial deviation by state law Quantum Associates has agreed to delete this acreage from the master plan A revised master plan, dated March 28, 1994, was received March 31, 1994 This master plan excludes the additional acreage and is attached as Exhibit "B" to the ordinance to amend the Quantum Park develoment order, scheduled for first reading on April 5th Since land under common ownership, adjacent to a DRI, must also be included within the boundaries of the DRI, deletion of this acreage, at this point in time, is conditioned upon Quantum Associates submitting a substantial deviation application within one year of the approval of the subject development order amendment This condition has been included as Section 5 of the afore-mentioned ordinance 2 Despite the proposed redistribution and introduction of land uses, the revised master plan, dated February 15, 1994 reflects differences in the acreage totals for each land use within the DRI, specifically a cumulative increase in retail of an amount which exceeds that permitted under a non- substantial deviation Since this discrepancy is not a "real" increase, but a result of updating the last approved master plan (1988) to correspond with the Palm Beach County property Appraiser's maps, the revised master plan, dated March 28, 1994, has been modified to restore the 1988 land use totals The updated, land use acreages will be included ~ with the future substantial deviation application previously ~ discussed TO J Scott Miller -3- March 31, 1994 3 Since traffic analysis of the Gateway Boulevard and Park Ridge Boulevnrd intersections, north of the school site and immediately west of r-95, has not yet been received, there is concern that the closure of a portion of Park Ridge Boulevard may redistribute project traffic in a way that adversely affects the regional roadway network Quantum Associates has agreed to provide to the city and the RPC, the traffic analysis for the west intersection by Friday, April 1, 1994 However, since the section of Gateway Boulevard through Quantum Park is dedicated to the city, Quantum Associates has not agreed to provide the signal warrant analysis for the intersection north of the school site as was recommended by the Engineering Department and Police Department (Memorandum No 94-062 and Memorandum No 94-034, respectively, attached as Exhibit "C") Quantum has stated that if the city determines that the traffic signal is warranted, Quantum agrees to share with the School Board and the City, the cost of installing the traffic signal Therefore, no condition regarding the signal installation has been included in the ordinance to amend the development order As of the date of this memorandum, the RPC has indicated that upon receipt of the revised master plan, dated March 28, 1994 and the receipt and approval of the traffic analysis, they will transmit revised comments stating no objection to the proposed amendments DCA, however, has indicated that they will most likely participate in the April 5th public hearing, due to language that has not been added to the ordinance to amend the development order The language addresses a change that was first shown on the revised master plan, dated March 28, 1994 This change is an option on lot 40 and the north part of lot 41 for additional governmental/institutional land use acreage, above and beyond what was requested on Quantum's application Updates on these matters will be presented at the April 5th public hearing tjh Attachments xc Central File A QPkD04CC