LEGAL APPROVAL
fJ1ie City of
$oynton $eacfi
.,
~~r'
100 'E" 'lJoynton 'lJea& 'lJoufevartf
P.O 'lJ~310
'lJoynton 'lJeadi, !fforUfa 33425-0310
City!J{afl (561) 375-6000
!f]U, (561) 375-6090
February 12, 1997
James G Willard
Shutts & Bowen
20 N Orange A venue, SUIte 1000
Orlando, FL 32801
Re
FIle No
LocatiOn.
Quantum Park PID
MPMD 96-007/DRIA 96-003
West sIde of the mtersectiOn ofInterstate 95 and Gateway Boulevard
Dear Mr Willard,
Enclosed IS the CIty of Boynton Beach Development Order regardmg ComnnssiOn Approval of your
request to amend the prevIously approved PID master plan m connectiOn With an amendment to the
DRI, In addItion to the attached, please be adVIsed that the ComnnssiOn agreed to retam note 4 on
the master plan m exchange for Quantum Park prepanng a reVIsed master plan havmg a "use tradmg"
matnx pnor to any future change to a lot deSIgnated commercial on the Quantum Park master plan.
Should you have any questiOns regardmg thIS matter, please feel free to contact thIS office at (561)
375-6260
Smcerely,
7c- G /L;r~ f-
Tambn J Heyden
Planmng and Zomng DIrector
T JH dar
Attachment
xc Central FIle
D'\SHARE\ WP\PROJECTS\QUANTUM\MPMD\DEVORDER. WPD
~m.enc.as (jateway to tfu qulfstream
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ORDINANCE NO. 096-~~
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f1&f10wm/
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DEe 2 0 199; L
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AN ORDINANCE OF THE CITY COMKISSION OF
CITY OF BOYNTON BEACH, FLORIDA, PROVI
FOR A DETERMINATION THAT CHANGES TO
COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT
APPROVED IN ORDINANCE NO. 84-51, AND AMENDED
IN ORDINANCE NOS. 86-11, 86-37, 88-3, 94-10,
94-51 AND 96-33, DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06,
FLORIDA STATUTES, 1996, DETERMINING THAT NO
FURTHER DEVELOPMENT OF REGIONAL IMPACT
REVIEW IS NECESSARY REGARDING SUCH CHANGES,
APPROVING SUCH CHANGES, AMENDING THE
DEVELOPMENT ORDER (ORDINANCE NOS 84-51, 86-
11, 86-37, 88-3, 94-10, 94-51 AND 96-33) FOR
PURPOSES OF INCORPORATING THE APPROVED
CHANGES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE
PLANNING AND
ZONING OEPt
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'y~lk
16 -efJ!
WHEREAS, Riteco Development Corporation, a Florida
corporat1.on ("R1.teco") filed with the City of Boynton Beach (the
"City") an Applicat1.on for Development Approval of Comprehensive
Development of Regional Impact (the "ADA") on May 21, 1984,
regarding that certain property (the "Property") described 1.n
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
Ordinance No 84-51 (the "Development Order"); and
WHEREAS, Riteco subsequently conveyed its right, t1.tles and
i 1.nterest 1.n 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 1.n
and to the Property to Quantum Associates, a Florida general
I partnership (the "Developer"); and
WHEREAS, Developer filed with the City respective
applications to amend the Development Order, which appl1.cations
were approved by the C1.ty in Ordinance No 86-11, Ord1.nance No
86-37, Ord1.nance No 88-3, Ordinance No 94-10, Ordinance No
CODING Words in
from existing law;
add1.t1.ons
i:>L4 u.\..k Ll14vu.gll type are deletion
Words 1.n underscored type are
Page 1 of 4
, 94-51 and Ordinance No 96-33; and
I
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II WHEREAS, the term "Development Order" ~ncludes all
I amendments thereto; and
WHEREAS, Quantum Assoc~ates, a Florida general partnership
("Developer") ~s the current owner and developer of the
rema~ning vacant land with~n the proj ect commonly known as
Quantum Corporate Park at Boynton Beach Development of Regional
Impact (somet~mes hereinafter called the "Quantum Park DRI");
and
WHEREAS, Developer has submitted to the City a Not~fication
of Proposed Change to a Previously Approved Development of
Reg~onal Impact ("NOPC") request~ng a further amendment to the
Development Order for the purpose of rev~sing the Master Site
Development Plan to include industrial and research and
development, together with off~ce use, as a permitted land use
for Lots 32, 33, 34A, 34B, 35, 36, 37, and 38 within Quantum
Park and to change lots 80, 81 an d82 from office use to
~ndustrial/commercial use (see Exh~bit B - Master Plan Amendment
No 7 to the Master Site Development Plan for Quantum Park,
dated December 6, 1996; and
WHEREAS, the City Commission of Boynton Beach, as the
govern~ng body having jur~sdiction, is authorized and empowered
to consider applications for amendments to development orders
i approving developments of regional impact pursuant to Chapter
380 06, Florida Statutes (1996); and
WHEREAS, said City commission has considered the testimony,
, reports and other documentary evidence submitted by Developer,
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,i the City staff and the public, and the City Planning and
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I Development Boards' recommendation of the 10th day of December,
1996; and
WHEREAS, said City Commission has considered all of the
foregoing
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
CODING Words in ~L.l..u.",k LlL.I......u.~lL type are delet~on
from ex~st~ng law; Words in underscored type are
additions
Page 2 of 4
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Section 1. A notice of public hearing was duly
publ1shed on the 6th day of December, 1996, in the Palm Beach
Post, a newspaper of general circulation in Boynton Beach,
I. Florid_a, pursuant to Florida Statutes, and proof of sa1d
publ1cation has been duly filed
Section 2. The Development Order shall be amended to
lnclude the following provisions
1 Master Plan Amendment No 7 to the Master Site
Development Plan for Quantum Park, dated December 6, 1996, is
hereby approved
Section 3. Upon conslderation of all matters described
in Section 380 06, Flor1da Statutes (1996), 1t 1S hereby
determ1ned that
A The amendments proposed by Developer do
unreasonably 1nterfere with the achievement of
obj ectives of the adopted state land development
applicable to this area
B The amendments proposed
consistent with the local comprehensive
development regulat10ns
C The amendments proposed by Developer do
create any additional regional impacts and therefore do
constitute a substantial deviation under Chapter 380
Florida Statutes (1996)
not
the
plan
by Developer are
plan and local land
not
not
06,
Section 4 The City Commission has concluded as a
matter of law that these proceedings have been duly conducted
I pursuant to the provisions of Chapter Florida Statutes (1996),
that Developer is entitled to the relief prayed and applied for,
and that the Development Order is hereby amended incorporating
I the amendments set forth in Section 2 above
I' Section 5 Except as otherwise amended herein, the
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Ii Development Order shall remain in full force and effect
Section 6. All ordinances or parts of ord1nances in
confl1ct herewith be and the same are hereby repealed
CODING Words in ;:)L.Lu....k Ll!.Luu.~li type are deletion
from existing law; Words in underscored type are
addit10ns
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Page 3 of 4
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[, Section 7. Should any section or prov~sion of this
d
II ordinance or portion hereof, any paragraph, sentence or word be
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I declared by a court of competent Jur1sd1ct1on to be 1nvalid,
: such decision shall not affect the remainder of this ordinance
:
Section 8.
ordinance
Section 9.
Authority ~s hereby granted to cod1fy said
This ordinance shall become effect1ve
~rnmed~ately upon passage
FIRST READING this ~ day of --:zk~.H?~~ 1996
{)k;)~fttD, FINAL
, ", 1996
READING AND
this
L1f11
day
of
PASSAGE
CITY OF
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,
ATTEST
~1~.r.J~/
Cify Clerk
(CORPORATE SEAL)
EXHIBITS
"A" - Legal Description
"B" - Amended Master Site Development Plan
CODING Words in
from existing law;
additions
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;:)L.1. u,~k. LlL.1.vu,'::llL type are deletion
Words in underscored type are
Page 4 of 4
EXHIBIT "A"
{J Vb
33
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A Tract of land lying partially in ..ctions I', 11, ao and 211
Town.hip .1 8oueh, ftan.e 4' I.st, 'al. leach County, florida,
.aid Tract beinv .ore particularll desa~ib.d .. tollow8'
Co...nolnw .. .h. aouehwe.e corner 0 .aid ..ctton 17; thance
North 1044'39" Bast, alon9 the We.t line of Section 17, a
dietence at 1318.10 feet to . paint in the inter..ction with the
centerline ot NIN. 12nd Avenue, a. reGarded in O.R. aook 1138,
.ave 1"', at the public Recorda at 'al. a.ach County, Florida;
thence with . b.arin; of North 89004' 32" I.at, along the
centerline of N.W. 22nd Avenue, a distance of 118.31 feet to the
P01nt of Beginning; thence North 1044'39. last, a distance of
1241.0& feet to the South right of way line of L.W.D.D. Lateral
21; thence North 89008'49" Bast along the South right of way
line L.W.D.D. Lateral 21, a. recorded in O.R. Book 1132, Page
612, of the Public Records of Palll Beach county, Florida, a
distance of 635.93 feet to the centerline of the L W D D
Equalizing canal B-4, as recorded in O.R Soak 1732, Pa9. 612,
of the Publio Records of Palm Seach County, Florida; thence
along the centerline of the above described B-4 Canal with a
curve to the ri9bt havin, a ohord bearin; of North 10032'52"
Bast, a radius of 150 00 feet, a oentral an,l. of 4004'17", and
an ara lenvth of 53.2' f..t, thence continue along the
centerline of the 1-4 canal, with a bearing of North 12035'00"
East, a diatanee of 320.69 feet to a point of curve; thence ~lth
a curve to the left havinv a radius of 6500.00, a central angle
of ]028' 30., and an arc length of 39'.23 feet; thence North
9006'30" Bast, a distance of 1919.16 feet to a point on thp.
Ilorth Line of Section 11; thence with a bearine) of North
89016'39" Bast, along the North 11ne of Section 11, a distance
of 1964.50 f.et; thence South 0002'11" Baat, a distance of
2625.1S feet; thence North 8900S'49" Baat, a distance of 368 96
I feet to a point on the tlorth right of way line of N W 22nd
Avenue .a reaorded in O.R. Book 1138, .ave 1686 of the Public
IRecord. of 'al. aeach County, rloridaJ thence South 19027'31"
~a.t, a distance of 50 00 feet to the centerline of N.N. 22nd
Avenue, thence "lith a curve to the right havinv a chord bearing
of North 15029"9" laat, a radius of 1&3/.02 feet, a central
angle of '053'58", and an arc length of 282.85 feet to a point,
thence north 12002'41" Bast, a distance of 915.12 feet; thence
North 0031'11" Sast, a di.ta~ee of 399.10 feet; thence North
89012'37" Bast, a distance of 413.21 f.et;then South 88022'56"
East, a distance of 13.9 70 feet to a point on the West right of
way line of the Seaboard Coastline Railroad; thence South
0028'21" Bast, along the West right of way line of the Railroad,
a distance of 1309.09 feet to . point on the centerline of N W
22nd Avanue, thence North 88027'31" We.t, elon9 the centerline
of N.W. 2Znd Avenue a distanae of 512.'1 reet, thene. South
0033'53" Bast, a distance of 1301.&9 f.et, thence South
S8045'31" Baat, a distance of 333.51 feet to . point on the West
right of way of the Seaboard coe.tlin. Railroad, thence with a
b.arinv of 80utb 14008'Z3" We.t, along the West right of way of
the railroad, a distance of 1312," feet, thence Bouth 0033'53"
East, a dietlnc. of 2&.19 f.et, thence South 13015'22" W.et, a
distance 01 '20.11 f.et, thenae lIorth "-'0'0'. We.t, a distance
of 181.&0 feet, thence witb a bearing North 0049'21" West, a
di.t~nce 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 distanc. of 40 00 feet;
thence South 0049'21" East, a dis~ance of 556 84 feet; thence
North 88050'04" w.st, a distance of 3611.26 feet to a polnt on
the centerline of the above described centerline of the E-4
c~nal; thenc& with a bearing of North 5011'14" W.st, a distance
ot 153.13 feet, thence with a curve to the riQht having a radius
of 450.00 f.et, a central angle of 1503&"4", and an arc length
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OVERALL BOUNDARY
LEGAL DBSCRIPTIoq
IlLEGAL DESCR TION IContinuedl
I!of 122.&2 .feetl theRce North 1001S'30" S..t, a di.tance of
1988.10 f..~ to . point of curve, thence with. curv. to the 1~
l,havin9 a ~.diu. of,.SO.OO f..t, . c.nt~al antl. of 1'.20'00
and an are l.nvth of 143.99 f.et, th.nce witb . be.ring of North
I 800l-! 30" We.t, . distanc. of 1255.14 feet to . point on the
,Icenterline of N.W. 22nd Avenue, thence with. beftr1ng of South
;.89004'32" We.t, along the aenterlia. of N.W. 22nd Av.nu. a
lldi.taace of 811.85 feet aore or 1... to thl 'o1nt of 8eg1nnin9
containin9 591.55 acre. aore or le.. and .ubject to .a....nt.
and right. of way of record.
Together with the addition of all land (lots 80, 81 and 82) lying within the
plat of the P C D Center, containing 13 17 acres, as recorded in Plat Book 60,
Pages 106 and 107, of the Public Records of Palm Beach County, Florida
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EXHIBIT
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\.lASTER PLAN AMENDMENT NO, 7
OECEMBER 6, 1996
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MASTER
SITE
DEVELOPMENT
PLAl'
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2 40 Acr,l
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41 l' Acre.
QUANTUM ASSOCIATE
Hallanal City Center
\ \ 5 West Washlnglol
Indianapolis. IN 462
(317) 636-1600
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Dl'EN sPACE~ 9067 A....
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QUANTUM PARK
TotAL
5~J I' Acr.,
ORDINANCE NO 96-S~ !
AN ORDINANCE OF THE CITY OF BOYNT~N L._
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-
3 7 , 8 8 - 3 , 9 4 - 1 0 AND 9 4 - 5 1 , DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 380 06, FLORIDA STATUTES, 1996,
DETERMINING THAT NO FURTHER DEVELOPMENT
OF REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT ORDER
(ORDINANCE NOS 84-51, 86-11, 86-37, 88-
3, 94-10 AND 94-51) FOR PURPOSES OF
INCORPORATING THE APPROVED CHANGES, AND
PROVIDING AN EFFECTIVE DATE
H -
f.J__ ~.'.:..~, ._-- ~_. ..-----
WHEREAS, Riteco Development Corporation, a Florida
corporation ("Riteco") 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 the Property was granted December 18, 1984 and pursuant to
Ordinance No 84-51 (the "Development Order"); and
WHEREAS, Riteco subsequently conveyed its right, titles
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, Ordinance No 88-3, Ordinance No 94-10,
and Ordinance 94-51; and
WHEREAS, the term "Development Order" includes all
amendments thereto and
WHEREAS,
Quantum
Associates,
a
Florida
general
partnership ("Developer") is the current owner and develope1-
of the remaining vacant land within the project commonly knovlll
as Quantum Corporate Park at Boynton Beach Development of
Regional Impact (sometimes hereinafter called the "Quantum
Park DRI"); and
WHEREAS, Developer has submitted to the City a
Notification of Proposed Change to a Previously Approved
Development of Regional Impact ("NOPC") requesting a further
amendment to the Development Order for the purpose of revising
the Master Site Development Plan to reflect the addition of
Lots 80, 81 and 82 to the DRI and to include commercial use as
a permitted land use for certain additional lots (lots 65A,
65B, 67B, 76, 77, 78, 79 and 91) within Quantum Park and
delete commercial use as a permitted land use for lots 58, 59,
60, 61 and 62 within Quantum Park (see attached Exhibit "B" -
Amended Master Site Development Plan); and
WHEREAS, the City Commission 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 Statutes (1996); 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 25th day of June, 1996; and
WHEREAS, said City Commission has considered all of the
foregoing
NOW THEREFORE, be it ordained by the City Commission of
Boynton Beach, that said City Commission makes the following
! findings of fact
Section 1 A notice of public hearing in the proceedings
was duly published on the 17th day of June, 1996, 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
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Section 2
Developer has requested that the Development
Order be amended to include the following provisions
1 Lots 80, 81 and 82 as per the plat of P C 0
,
"
I
Center, Plat Book 60, Pages 106 and 107, Public
Records of Palm Beach County, Florida, are hereby
added and incorporated into the Quantum Park DRI
2
6 to the Master Site
Master Plan Amendment No
Development Plan for Quantum Park dated July 1,
1996, is hereby approved
3 In accordance with the analysis of the intersection
of Park Ridge Road and Gateway Boulevard prepared
by Kimley-Horn and Associates, Inc dated April 9,
1996, as modified by Supplemental Analysis dated
June 10, 1996 and incorporated herein by reference,
the following intersection improvements shall be
constructed at such time as that portion of the
project served by Park Ridge Road exceeds the
following trip generation levels
a
1,200 P m peak hour trips
restripe the
southbound approach for dual lefts and a
combination through/right turn lane
b
1,300 P m peak hour trips
construct an
additional right-turn lane on the northbound
approach to provide dual right-turns
c 1,935 p m peak hour trips - add a southbound
through
out
the
lane
and
separate
through/right into a through and right-turn
only lane
The Developer shall not proceed with development of
that portion of the project served by Park Ridge
Boulevard which would generate in excess of 2,300
p m peak hour trips without further review of the
operating characteristics of said intersection and
approval by the City, the Treasure Coast Regional
Planning Council and the Department of Community
Affairs
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4 Concurrently with the submittal of a site plan
application for any lot designated commercial
pursuant to the Master Site Development Plan
(regardless of whether the proposed use is
commercial or another permitted land use), the
applicant shall indicate in writing to the City the
number of PM peak hour vehicle trips estimated to
be generated by the proposed building improvement
and also the aggregate peak hour trip generation
for all lots served by Park Ridge Boulevard
5 Wi th respect to any commercial development along
Gateway Boulevard, the following conditions shall
apply
a There shall be no increase in the number of
free- standing signs than is currently
permitted (i e one per loti additional lots
created beyond the number of lots that
currently exists as of the adoption date of
this ordinance shall not be entitled to their
own freestanding sign and must share
freestanding signage with an adjacent lot)
b There shall be no increase in the number of
access points on to Gateway Boulevard than
currently anticipated (i e additional lots
created beyond the number of lots that
currently exists as of the adoption date of
this ordinance shall not be entitled to their
own access point and must share access through
cross access with an adjacent lot)
c Landscaping shall be installed in excess of
that required by the landscaping code in
effect as of the adoption date of this
ordinance The extent of the supplemental
landscaping required shall be determined at
the time of site plan review for the first
commercial lot along Gateway Boulevard
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submitted for review after the adoption date
of this ordinance The supplemental
landscaping determined to be required for this
first commercial lot shall establish the
landscaping standard required for subsequent
commercial lots along Gateway Boulevard
6 Where square footage is used to evaluate traffic
generated by a given land use, gross floor area
shall be used, with the exception of commercial use
which shall be evaluated using gross leasable area
7 The sewage lift station serving Park Ridge
Boulevard shall be upgraded at Quantum's expense at
such time as development generates sewer flow in
excess of the lift station capacity as determined
by the city's Utilities Department
Section 3 Upon consideration of all matters described
in Section 380 06, Florida Statutes (1996), 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 a substantial deviation under Chapter 380 06,
Florida Statutes (1996)
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
(1996), that Developer is entitled to the relief prayed and
applied for, and that the Development Order is hereby amended
-5-
incorporating the amendments proposed by Developer as set
forth in Section 2 above
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I Development Order shall remain in full force and effect
Section 5
Except
as otherwise amended herein,
the
FIRST READING this 2nd day of July, 1996
SECOND READING and FINAL PASSAGE this
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day of
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, 1996
CITY OF BOYNTON BEACH, FLORIDA
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AYOR
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I ATTEST
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COMMISSIONER
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CO~SIONER
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i CI CLERK
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(Corporate Seal)
EXHIBITS
"A" - Legal Description
"B" - Amended Master Site Development Plan
-6-
:\1INUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 10, 1996
Description Request to amend the Quantum Park list of permitted
uses to allow cosmetic manufacturing on lots designated
as industrial on the master plan
Mr Willard was unable to attend this meeting, but Mr Lewicki advised that he had no
objection to the one and only staff condition of approval
Motion
Vice Chairman Golden moved to recommend approval of the request submitted by James
Willard to amend the Quantum Park list of permitted uses to allow cosmetic manufacturing
on lots designated as industrial on the master plan, subject to all staff comments.
Mr Elsner seconded the motion
Ms, Heyden advised that there is an error on the agenda. The description should include
perfume manufacturing as well
The motion carried 6-0
C. Subdivision
Master Plan Modification
1
Project:
Agent.
Owner'
Location
Description
Quantum Park PID
James G Willard
Quantum Associates
West side of the intersection of Interstate 95 and
Gateway Boulevard
Request to amend the previously approved PID master
plan in connection with an amendment to the DRI to
change the use designation of lots 32, 33, 34A, 34B, 35,
36, 37 and 38 from Office to Office/lndustriaJ/Research
and Development to allow a proposed manufacturing use
and to change the use designation of lots 80,81 and 82
from office to industrial/commercial
Mr Willard was unable to attend this meeting. According to Mr Willard's December 1,
1996 memo to Ms Heyden (attached to the original minutes on file in the City Clerk's
8
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 10, 1996
Office), he objects to the deletion of note 4 because it was approved by the City
Commission last July
Ms Heyden advised that this is a request to add additional uses to the uses designated
for Lots 32 through 38 Quantum Park is a DRI and is governed by a master plan The
procedure for changing that master plan is set forth in the Zoning Code as well as in the
Florida Statutes This request is being triggered by BGI (Beauty Group Industries) BGI
is located in Peru and is interested in relocating to South Florida, The City has been
competing with other cities and counties in the area to entice them to locate in the City of
Boynton Beach
There is a timing concern with this application BGI has a potential closing date :;
December 20th Also, Lots 80. 81 and 82 were part of the request for the DRI amendrre~
that came before this board in the summer However, when it went to the C y
Commission, a representative from DCA said they had to be deleted because there was
a land use change that was necessary for those three lots. Although those lots were
owned by Quantum Park, they were not part of Quantum Park, and they had a different
zoning There is a section of State Law under the DRI section that says any property
owned by the applicant must be included in the DRI Therefore, we had to bnng that
property in With this application, we were piggybacking it to get that resolved However
it has been pre reviewed Technically, that could constitute a substantial deviation
However, Ms Heyden's argument to the State and Treasure Coast was that it has already
been prereviewed because it was part of the original application, and it is merely being
included for bookkeeping purposes,
There are a number of criterion in the Florida Statutes that govern the minimum time and
maximum time that a QRI amendment can be reviewed. Thirty days is the minimum and
45 days in the maximum if it falls under an E3 change Based on the time that this was
submitted, and the desired date of approval, that time frame is a little short of 30 days
The City is anxious to get this approved and has been working very hard to lure this
applicant to Quantum Park to keep the image of Quantum Park as an industrial park, This
difference of an E2 change versus an E3 change gets a little technical, but the bottom line
is that we can still meet the requirements and satisfy everybody's needs.
Ms, Heyden heard from the State today, and they agree with Treasure Coast that it is an
E3 change However, it can be disputed that this can be approved in less than 30 days,
and a public hearing is not needed if clear and convincing evidence, which was not
previously submitted with the application, is submitted Even though clear and convincing
evidence was not submitted to the State and the Treasure Coast, Ms Heyden believes
9
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOY~TON BEACH, FLORIDA
DECEMBER 10, 1996
there are no regional impacts, even taking into consideration the fact that this property
abuts a sandpine preserve There are some hazardous materials that are associated with
this type of use, however, she felt that can be taken care of through the local
environmental review process Although there are some issues that could be regional,
Ms Heyden felt they can be taken care of and everyone's concerns can be addressed
Ms Heyden advised that some cities process DRI amendments by resolution, not
ordinance The City of Boynton Beach processes them by ordinance, and an ordinance
requires a public hearing If the State decides this is an E3 change, a public hearing IS
required Although we did not meet the 15 day notice, we met the standard 10 day notice
for an ordinance
Regarding staff's recommendation of removal of note number 4 on the last master plan,
Ms. Heyden stated that there were a lot of changes to the master plan The master plan
that went to the Planning and Development Board had a lot more lots designated for
commercial, and the City Commission wanted about a third of them removed from the
commercial designation Many master plan changes occurred at the very last day that the
ordinance was adopted, and note number 4, which was not requested by staff, was put on
by the applicant and it slipped through the cracks. This note states that any future changes
to the master plan that involve a commercially designated lot do not have to go through
State and Treasure Coast review and is not a DRI amendment. Treasure Coast has
reminded Ms Heyden that this violates State law Therefore, Ms Heyden recommended
that this note be removed She realizes that it should have been caught with the last DRI
amendment. Since the location of commercial has a significant impact on this intersection
and neither the Planning and Zoning Department nor the Engineering Department have
the ability to review traffic studies, and because there are regional impacts with State roads
and County roads, Ms, Heyden advised that it is not a good idea to exclude them from the
review Therefore, she recommended that this go forward as an E2 change and that a
public hearing be held to adopt the ordinance in the time frame that has been set forth,
which is less than 30 days, and that this be approved subject to the conditions in Exhibit
"0"
Mr Aguila pointed out that Greg Stuart from DCA should have known that this was in
conflict with State Statutes and objected to it at that time Ms Heyden explained that she
spoke to Mr Stuart about that, and the problem was that we thought the note meant
something else It can be interpreted in the worse possible way, which is "totally exclude
any DCA and Regional review from a change" She advised that Mr Willard said he will
bring any changes to them, however, the note is on the master plan and can be interpreted
to exclude them
10
MINUTES
PLANNING AL'JD DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 10, 1996
Mr Aguila asked if she has talked to Mr Stuart about rewording the note so that it clearly
states that if anybody has the lawful right to review it, the note does not remove their right.
Ms Heyden explained that the reason the note was put there was because the last time
Mr Willard came before the Planning and Development Board with a DRI amendment, he
told the board that this DRI is old and different from other ORis because it allows less
flexibility Most master plans are more general The State agreed with Mr Willard and told
him what he had to do Mr Willard has not done that and does not want to He felt that
by putting this note on there, it could serve the same purpose, but it does not. Mr Stuart
had that conversation with Mr Willard, but it was misconstrued in such a way that the note
ended up totally excluding DCA and the Region from that review
Chairman Dube recalled that the City Commission wanted to handle this on a lot by lot
basis, Mr Heyden advised it will definitely go through the City's master plan modification
process However, this involves 1-95, an interchange, and County and State roads, and
because of this option on the lots, the traffic conditions have become very complicated that
nobody understands them anymore She said everybody needs to get involved in the
review to work out the traffic concerns in the event there is a change in the commercial
location, and we plan to do that. In the event Mr Willard decides to do a brand new master
plan, he has agreed over the telephone yesterday with Regional Coast to do that. In the
meantime, we want that note removed
Chairman Dube referred to Mr Willard's December 10, 1996 memo wherein he requests
that condition 3 be deleted because he sees no purpose served by it. Chairman Dube
asked why that condition was put in there Ms, Heyden advised that the Technical Review
Committee made that comment. She called Mr Willard today and told him that she would
be willing to delete that comment.
Susan Oelegal, Atforney with the law firm of Holland & Knight, represented BGI
International Regarding the requirement for the issuance of the building permit, she
concurred with Mr Willard's comments and appreciated Ms, Heyden's offer to withdraw this
comment.
Chairman Dube allowed comments from the audience
Stella Rossi, 625 Whispering Pines Road, asked if the lot abuts the sandpine preserve
and what kind of protection there is going to be from the last industrial lot into the sandpine
preserve Ms. Heyden believes that the DRI requires fencing, and fencing exists. In
addition, Quantum Park regularly submits an annual report that monitors that preservation
area. There will not be any additional buffering, There is another requirement in the DRI,
11
\1INUTES
PLA1~NING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 10, 1996
namely, a hazardous materials response plan, which would be part of the environmental
review
Motion
Mr Wische moved to approve the request to amend the previously approved PID master
plan in connection with an amendment to the DRI to change the use designation of lots 32,
33, 34A, 348, 35, 36, 37 and 38 from Office to Office/lndustrial/Research and
Development to allow a proposed manufacturing use and to change the use designation
of lots 80, 81 and 82 from office to industriaVcommercial, subject to staff comments,
excluding comment number 3 Vice Chairman Golden seconded the motion, which carried
6-0
2,
Project
Agent:
Location
Description
Citrus Glen
Sheryln McAllister
Southeast corner of Lawrence Road and Miner Road
Request to amend the previously approved master plan
setbacks to reduce the non-zero side setback from 15
feet to 10 feet to construct screen enclosures (with
screen roof), pools, spas and jacuzzis.
Mr Lewicki advised that the Commission determined this to be minor and recommended
approval
Ms, McAllister and her father, Art Albrecht, were present. Mr Albrecht agreed to the staff
comments
Motion
Mr Aguila moved to approve the request to amend the previously approved master plan
setbacks to reduce the non-zero side setback from 15 feet to 10 feet to construct screen
enclosures (with screen roof), pools, spas and jacuzzis, subject to staff comments, Vice
Chairman Golden seconded the motion, which carried 6-0
Subdivision Master Plan
3
Project:
Agent:
Owner'
Orchard landing
Daniel Diamond
Harvey Lang
12
MEETING MINUTES
PLANNING Be DEVELOPMENT ",aARD
BOYNTON BEACH, FLORIDA
JANUARY 14, 1997
for the downtown. However, Mr Rosenstock disagreed because there are conflicting interests between
CRAB and the Planning and Development Board. He pointed out that landscaping is part of the plans that
are presented to the Planning and Development Board. He does not see the need to "spin off" another
board just to handle landscaping.
Ms. Heyden reminded everyone of the Community Appearance Board which existed to review landscaping.
That board was eliminated to cut out that layer, and landscape review responsibilities were given to the
Planning and Development Board.
Mr Rosenstock was not in favor of saving any board if there was a way to accomplish what needs to be
done in accordance with State Statutes relative to laymen's participation in community government. It is the
City Commission's responsibility to determine the necessary boards. He suggested workshopping a review
of all of the boards to determine if there are conflicting authorities. Those conflicts should be eliminated.
Mayor Taylor said the City Commission will be addressing this issue. Approximately 60 days ago, a decision
was made by the Commission to leave the CRAB board in existence. However, that was before anyone
perceived this problem. The CRAB board handles the entire CRA area.
Consensus
There was a consensus of the board that the Planning and Development Board should handle anything that
has to do with planning and development in the City
B. Report from the Planning and Zoning Department
1 Final Disposition of Last Meeting's Agenda Items
a, The Boulevard Center Land Use Amendment/Rezoning/Comprehensive Plan Text
Amendment was postponed at the City Commission. It will go forward on January 21
b. The Quantum Park Use Approval to amend the list of permitted uses to allow cosmetic
manufacturing was approved. The reference to jewelry manufacturing was deleted.
c. With regard to the master plan modification that was an amendment to the DRI to
change the use of the lots BGI is interested In to allow industrial use and research and
development. the Commission dropped the condition regarding Note #4 on the master plan,
However, prior to the next future change to a commercial lot, the applicant must come before
the City with a use matrix that would be submitted as a regular DRI amendment.
d. The master plan for Orchard landing was unanimously approved subject to all staff
comments.
e. The site plan for the Hills at Lake Eden was approved subject to all staff comments and
the Planning and Development Board's recommendations.
f The time extension for Whlpowill Arms was denied.
Ms. Heyden reminded the members that the LOR workshop was held, but the group left the meeting before
5
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 3,1996
Development Regulations, Signs
TABLED
14 Proposed Ordinance No. 096-62 RE Amending Chapter 22 of the Land
Development Regulations, Streets and Sidewalks TABLED
15 Proposed Ordinance No. 096-63 RE Amending Chapter 23 of the Land
Development Regulations, Parking Lots TABLED
B Ordinances - 1 st Reading
1 Proposed Ordinance No. 096-64 RE Rezoning/modification of Planned
Commercial Development (PCD) for Boynton Commons
Attorney Cheraf read Proposed Ordinance No 096-64 by title only
Motion
Vice Mayor Jaskiewicz moved to approve as read Commissioner Bradley seconded the
motion City Clerk Sue Kruse polled the vote The vote was unanimous
2 Proposed Ordinance No. 096-65 RE Approving BGI proposal to amend
the Development Order of the Quantum Corporate Park DRI (Development
of Regional Impact)
Attorney Cherof read Proposed Ordinance No 096-65 by title only
Attorney Cherof advised that there are a few points staff and the applicant need to bring
forth at this time These points will be reflected in the Ordinance on second reading
Jim Willard representing Quantum Associates, questioned whether Mr Cherof was able
to receive and modify the Ordinance to reflect the addition of the words research and
development into the land use
Attorney Cherof advised that all changes will be reflected for second reading
Mr Willard advised that at the request of the purchaser, upon reviewing the master site
development plan for Quantum Park, they noticed a land use designation called Research
and Development. Since they will be doing research and development activities within
their proJect, rather than changing the land use designation to Office/Industrial, they would
like It to read Office/Industrial/Research and Development. Mr Willard spoke With Jim
SchneIder at the Treasure Coast Regional Planning Council and he has no objection and
understands that this Will be a multiple land use category for this project. The applicant
23
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 3, 1996
therefore requests that the final approval of this Ordinance incorporate the words Research
and Development
Tambri Heyden, Planning and Zoning Director, reminded the Commissioners that this
project was mentioned at the last City Commission for fast tracking Staff comments are
not yet available Staff comments are usually reflected in the Ordinance on first reading
However, at this time, only some verbal remarks have been received from the Region The
comments from staff are slowly being received One thing that has come forward so far
is that the Region would like to see the insertion of the use of Lots 80, 81, and 82 to be
changed from Office to Industrial/Commercial These are the lots that came before the City
Commission with the last DRI amendment. Some of the lots are being used by CarMax,
With the last DRI amendment, there was a land use amendment that had to be processed
It could not reflect the change in those lots needed for CarMax, and there was an
understanding that there would be a further DRI amendment needed for those lots In
talking to the Region and the State, there was some disagreement as to whether that
change in use for those three lots would require a DRI application Ms Heyden was able
to convince them that did not make sense The only proviso they have regarding the use
of those lots to Industrial/Commercial is that Note #4 on the master plan be deleted These
comments will be forwarded to the Commission upon second reading along with a
complete staff report, It is requested that the above be included in addition to the insertion
of Research and Development for Lots 32, and 33 as shown on Page 2 of the Ordinance
Attorney Cherof suggested that the staff report be prepared in advance so that on second
reading of this Ordinance the applicant and buyer of the property have the opportunity to
review the comments and reflect back any concerns,
Mayor Taylor appreciates the work staff is doing and pointed out that this is a big project
for the City He requested staff's help and cooperation
Commissioner Bradley inquired if there would be a benefit to putting this land use
designation on all of the properties that are Industrial in Quantum Park,
Ms Heyden advised that the problem we have with this master plan is that when it started
out, there was clear distinction of what the use would be on lots. It has now evolved into
something that has become unmanageable and it has become difficult to assess for traffic
when there are multiple uses on a single lot. There may be some local issues with not
wanting to locate an Industrial use on a lot where Research and Development would be
allowed
Commissioner Bradley pointed out that from a development standpoint, Research and
Development is a higher end Industrial
24
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 3, 1996
Mr Willard agreed with Commissioner Bradley's remarks. He pointed out that he and his
client have never been able to figure out the purpose of limiting certain lot usage to
Research and Development. Research and Development is not a land use category that
appears in most zoning ordinances, or it is differentiated in most jurisdictions Therefore,
the applicant did not feel the need to have a separate category for DRI purposes
Research and Development is something that normally takes place in Industrial categories,
Perhaps we will eventually reach agreement with the City and do a DRI amendment which
provides the flexibility to move around some land use categories within the project The
applicant cannot identify any lot that would not be appropriate for Research and
Development within the Park.
Motion
Commissioner Tillman moved to approve as read Vice Mayor Jaskiewicz seconded the
motion City Clerk Sue Kruse polled the vote The vote was unanimous.
C Resolutions
None
o Other
None
XI UNFINISHED BUSINESS
A Proposed budget for FAMU Band's participation in 1997 Black Awareness
Day functions
At the Commission's request, Mr Hawkins reviewed what Delray Beach had done with
respect to their participation in the Roots Festival Mr Hawkins advised that there are
some specific expenses associated with this band, These expenses are typical of what
they charge to go anywhere They consider themselves to be professionals.
Mr Hawkins explained that they would be here for one day They would travel here on
buses, and we would feed them one meal Following their performance, they would travel
back to Tallahassee by bus. The budget provided by Mr Hawkins covered the basic
expenses to hire this band
We are attempting to put together a marching festival which will include the Florida A&M
Band and five or six other area bands, We will try to put together an event that people will
pay $10 to attend There will be a contest between the high school bands Trophies will
25