AGENDA DOCUMENTS
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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
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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
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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)"
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(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
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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
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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
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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
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Section 6. Except as otherwise amended herein, the
Development Order shall remain in full force and effect
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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
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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
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I ATTEST
Commissioner
Commissioner
City Clerk
(Corporate Seal)
Dev.Ord
3/28/94 Rev 4/15/94
4
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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
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MAStER PIAN AMENDMENT NO. 4 (Rl'VI5EOI
MARCH 28. 1994
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MASTER SITE DEVELOPMENT PLAN
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KEY PLAN LEGEND
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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
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Clyde "Skip" Milor
Peter Mazzella ~
File
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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
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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
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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
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Central File
A QPkMPMCm
EXHIBIT 0
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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
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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)
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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
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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