APPLICATION
FORM RPM-BSP-PROPCHANGE-1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4925
QUANTUM PARK
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380 06(19), FLORIDA STATUTES
Subsection 380 06(19), Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be made
to the local government, the regional planning agency, and the
state land planning agency according to this form
1 I, JAMES G WILLARD, the undersigned authorized representative
of QUANTUM ASSOCIATES, hereby give notice of a proposed change
to a previously approved Development of Regional Impact in
accordance with Subsection 380 06(19), Florida Statutes. In
support thereof, I submit the following
information
concerning the QUANTUM CORPORATE PARK (formerly known as
Boynton Beach Park of Commerce) development, which information
is true and correct to the best of my knowledge I have
submitted today, under separate cover, copies of this
completed notification to City of Boynton Beach, to the
Treasure Coast Regional Planning Council, and to the Bureau of
State Planning, Department
1/ - 17 - '1 b
(Date)
2 Applicant (name, address, phone).
Quantum Associates, a Florida general partnership
Attn Steven E Fivel, Esquire
National City Center
15th Floor, East Tower
115 West Washington Street
Indianapolis, Indiana 46204
317/263-7936 (Office)
317/263-7038 (Fax)
3 Authorized Agent (name, address, phone).
James G Willard, Esquire
Shutts & Bowen
20 North Orange Avenue, Suite 1000
Orlando, Florida 32801
407/423-3200 (Office)
407/425-8316 (Fax)
4 Location (City, County, Township/Range/Section) of approved
DRI and proposed change.
The Quantum Corporate Park DRI is located in Sections 17 and
20, Township 45 South, Range 43 East, Palm Beach County,
Florida
The description of the property which is the subject of the
proposed change is as follows
Lots 32, 33, 34A, 34B, 35, 36, 37 and 38, Quantum
Park at Boynton Beach, P I D Plat No 3, according
to the plat thereof as recorded in Plat Book 60,
Page 29, Public Records of Palm Beach County,
Florida
5 Provide a complete description of the proposed change
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, build-out date,
development order condi tions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Department or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
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Applicant seeks to expand the permitted land use for Lots 32,
33, 34A, 34B, 35, 36, 37 and 38 to include "Industrial" as
well as "Office" uses
Attached as Exhibit "A" is proposed Master Plan Amendment No
7 dated November 7, 1996, reflecting the foregoing change
The Applicant submits that the proposed change is non-
substantial for the following reasons
A Industrial land use for the subject lots is consistent
with the overall zoning of Quantum Park, which is Planned
Industrial Development
B The use of the property as Industrial is consistent with
the character of the surrounding area and the general
development plan contemplated by the Quantum Park DRI
C There is substantial Industrial development capacity
still available from the 2,784,354 square feet of gross
floor area within Quantum Park that is approved for
Industrial development
D Approval of the Industrial land use for the subject
property will accommodate a market demand for the
specified lots while still leaving an ample supply of
land available for Office use within Quantum Park
6 Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the development. If
no change is proposed or has occurred, indicate no change
No change to the DRI is proposed other than as set forth in
paragraph 5, above Because of the multiple land use
designations on many of the lots within the DRI project, the
Applicant submits that completion of the Substantial Deviation
Determination Chart would not be productive
7 List all the dates and resolution numbers (or other
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any
information not already addressed in the Substantial Deviation
Determination Chart) Has there been a change in local
government jurisdiction for any portion of the development
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
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Original Development Order
December 18, 1984
First Amendment to
Development Order
June 3, 1986
Second Amendment to
Development Order
October 21, 1986
Third Amendment to
Development Order
February 2, 1988
Fourth Amendment to
Development Order
April 19, 1994
Fifth Amendment to
Development Order
November 15, 1994
Sixth Amendment to
Development Order
July 16, 1996
The purpose of each amendment was to change the Master Site
Development Plan to achieve more flexible land use approval
There has been no change in local government jurisdiction for
any portion of the development.
8 Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, intended use, and adjacent non-project land uses
within 1/2 mile on a project master site plan or other map.
No additional lands were purchased or optioned since the
approval of the initial Development Order
9 Indicate if the proposed change is less than 40\ (cumulatively
with other previous changes) of any of the criteria listed in
Paragraph 380 06(19)(b), Florida Statutes
Because the proposed change does not seek to add any
development intensity to the DRI, Applicant contends that the
proposed change is therefore less than 40% of any of the
criteria listed in paragraph 380 06(19)(b), Florida Statutes
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Do you believe this notification of change proposes a
change which meets the criteria of Subparagraph
380.06(19)(e)2 , F.S.
YES
x
NO
10 Does the proposed change result in a change to the buildout
date or any phasing date of the project? If so, indicate the
proposed new buildout or phasing dates.
The proposed change does not result in a change to the
buildout date or any phasing date of the Project
11. Will the proposed change require an amendment to the local
government comprehensive plan?
The proposed change will not require an amendment to the local
government comprehensive plan
12 An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
The proposed Amended Master Site Development Plan is attached
hereto as Exhibit "A"
13 Pursuant to Subsection 380.06 (1) (f), F .A., include the precise
language that is being proposed to be deleted or added as an
amendment to the development order This language should
address and quantify:
a. All proposed specific changes to the nature, phasing, and
build-out date of the development; to development order
condi tions and requirements; to commitments and
representations in the Application for Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
preservation, green belts; to structures or to other
improvements including locations, square footage, number
of units; and other major characteristics or components
of the proposed change;
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b. An updated legal description of the property, if any
project acreage is/has been added or deleted to the
previously approved plan of development;
c. A proposed amended development order deadline for
commencing physical development of the proposed changes,
if applicable;
d A proposed amended development order termination date
that reasonably reflects the time required to complete
the development;
e A proposed amended development order date until which the
local government agrees that the changes to the DRI shall
not be subject to down-zoning, unit density reduction, or
intensity reduction, if applicable; and
f. Proposed amended development order specifications for the
annual report, including the date of submission,
contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025(7), F.A.C.
The proposed Amended Development Order is attached hereto as
Exhibit "B"
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ORDINANCE NO 96-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR A DETERMINATION THAT
CHANGES TO THE COMPREHENS IVE DEVELOPMENT OF
REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-
51, AND AMENDED IN ORDINANCES NOS 86-11, 86-
37, 88-3, 94-10, 94-51 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, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Ri teco 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
EXHIBIT "B"
WHEREAS, Developer filed with the City respective application
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 No 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 developer of the remaining
vacant land within the project commonly known 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 ("NOpe") requesting a further amendment to the Development
Order for the purpose of revising the Master Site Development Plan
to include industrial use, together with office use, as a permitted
land use for Lots 32, 33, 34A, 34B, 35, 36, 37 and 38 within
Quantum Park; 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
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City Planning and zoning Board's recommendations of the day of
, 1996; and
said City Commission has considered all of the
WHEREAS,
foregoing
NOW THEREFORE,
Boynton Beach, that
findings of fact
Section 1 A notice of public hearing in the proceedings was
duly published on the day of , 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
Section 2 Developer has requested that the Development Order
be amended to reflect that both Industrial and Office land uses
shall be permitted on Lots 32, 33, 34A, 34B, 35, 36, 37 and 38 of
Quantum Park and to reflect the approval and incorporation by
reference of Master Plan Amendment No 7 to the Master Site
Development Plan for Quantum Park dated November 7, 1996, a copy of
be it ordained by the City Commission of
said City Commission makes the following
which is attached as Exhibit "B"
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
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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
consti tute 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 incorporating the
amendments proposed by Developer as set forth in Section 2 above
Section 5 Except as otherwise amended herein, the
Development Order shall remain in full force and effect.
FIRST READING this day of , 1996.
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SECOND READING and FINAL PASSAGE this
ATTEST
, 1996
day of
CITY OF BOYNTON BEACH, FLORIDA
MAYOR
VICE-MAYOR
COMMISSION MEMBER
COMMISSION MEMBER
COMMISSION MEMBER
CITY CLERK
EXHIBITS
ORLANDO 29862,2 SMW
Draft Date 11/18/96
"A" - Legal Description
"B" - Amended Master Site Development Plan
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