AGENDA DOCUMENTS
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetins Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 AprilS, 2005 March 14 2005 (Noon.) D June 7 2005 May 16, 2005 (Noon)
0 April 19,2005 April 4 2005 (Noon) D June 21 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 181 July 5, 2005 June 20, 2005 (Noon)
D May 17 2005 May 2, 2005 (Noon) D July 19 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing 181 Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION Please place this request on the July 5,2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this item on June 21,2005 under Legal, Ordinance - First
Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
040
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P.E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use
(MU) PODs of the Planned Industrial District (PID) regulations.
PROGRAM IMPACT
FISCAL IMPACT
ALTERNATIVES:
Developme t
City Manager's Signature
P?::::~ ~c"" City Attorney I Firumce I Human Re,o""",,
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-006 7 5-
0S 2nd reading-back.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-040
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM Ed Breese ~
Principal Planner
DATE: March 4, 2005
SUBJECT: CODE REVIEW (CDRV 05-006)
Quantum Park PID (Maximum BuDding Height In Mixed Use Pods)
NATURE OF REOUEST
Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's
Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45-
foot limitation contained within the Quantum Park Planned Industrial District (PID). The request is
specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" - Justification Statement).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 1.H.14 establishes the maximum building
height within Planned Industrial Districts (PID). According to the current regulations, UNo building or
appurtenances thereof shall exceed forty-five (45) feet in height" To date, the residential construction
occurring within Quantum Park has been primarily townhomes and apartments, which complied with the
45-foot height limitation. & a result of the most recent Quantum Park DR! amendment (NOPC #15),
approved by the City Commission on February 15, 2005, providing for an increase in the allowable
number of dwelling units by 105, the Quantum Group would like to make provision for a vertical
condominium residential option.
ANALYSIS
The requested amendment would affect only those properties within a Planned Industrial District (PID)
designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID
Staff reviewed the Quantum Park Master Plan (see Exhibit cCB" - Quantum Park Master Plan), and the
only lots containing the uMixed Use (MU)" designation are noted as follows:
Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were
approved for a townhouse development by DR Horton in 2002 mown as Quantum Townhomes Bast &
West (now called Parkside). This project is nearly built-out.
rago ~
CDRV 05-006
Lots S 9-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were
approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes
Villas. This project is complete.
Lots 62-67 & 100' These lots are located on the south side of Gateway Boulevard, just west of High Ridge
Road and were approved for an office, retail and rental apartment development by Olen Development in
2002 known as Quantum Park and Village South. The rental apartment component of this project is under
construction.
Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, abutting High Ridge
Road and were approved for an office, retail and townhouse development in 2002. The townhouse project
(now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is
currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for <CMixed Use (MU)" within Quantum Park
is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). Additionally,
only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential.
First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is
zoned single-family Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out
and which abuts the L WOD E-4 Canal to the west and across the canal is the Dos Lagos residential
community
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to
take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or
Quantum Park and Village North, since the office and retail components of these projects has not begun
construction. The subdivision master plan for either of these sites would require a formal modification and
review in front of the Board and City Connnission to incorporate the additional units while reducing other
approved uses on the site.
Based upon discussions staff has had with Olen Development, and their recent submittal for a Master Plan
Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park
and Village South to accommodate the additional dwelling units, while redesigning the office and retail
components. As justification for the request for additional height, Quantum states that <CAn increase in
height will encourage the conservation of natural amenities by accomplishing the vested development
intensities in a vertical manner in contrast to the land sprawl of lower height development"
During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban
Mixed Use (SMU) regulations to understand how the City previously addressed a similar request As a
result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations:
Revise Section 7 .H.14 - Maximum BuDding Height, as follows:
Section 7.H.14 - Maximum Building Height. No building or appurtenances thereofwithin the
PID zoning district shall exceedforty-five (45) feet in height. with the exception ofbuildines in
a Mixed Use POD pursuant to Section 7.P.J.e.I.
Renumber and revise Section 7.P l.e - Maximum Structure Height, as follows:
soo#en '/.P.1.e JltvehHlIlH SWllemre Ihlght. }'leehaltiotll 8(Nip1Helft wltieh seelwoi-.'eIy 8er'f'6fi
lite wuetw'e sltall Net be IHelfHi<<l IN the salIMlsHeN e,f'lIelgltt.
Section l.P.J.e.n Maximum BuUdln, Hel8ht. The maximum building hetfht within a Mixed
Page 3
CDRV 05-006
Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code
thresholds for a high-rise classification.
Add two (2) new subsections, as follows:
Section 7.P.J.e.]) BuildlnE HelEht Measurement BuildinE heiEht shall be measured from the
lowest finish floor slab elevation of the proposed building to the Deak of the structure. including
Qnv architectural details. stairwells. elevator shafts. etc.
Section 7.P.J.e.3) Helfht Sethack EnvewD. Minimum buildinE setbacks shall be based on
building heights for buildings weater than forty-five (45) feet in hei,hl. The het~ht setback
envelop is a.,pplicable where the Mixed Use development is ad(acent to an existing developed
stngle-familv residential zoning district outside the pm. This minimum setback shall be three
(3) times the building heiEht for anv multifamilv or nonresidential structure. The setback shall
be measured from the common boundary of the pm and the existing sinftle-familv residential
zoning district or the midpoint q,f any intervening rig-ht-of -way.
As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which
allow mixed use in a vertical configuration, allow a height comparable to that being requested by the
applicant, make provisions to safeguard adjacent single family residential communities, and is being
utilized in the immediate vicinity in conjunction with the Renaissance Conunons project.
SUMMARY
As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the
existing SMU regulations, staff recommends the following amendments to the PID district regulations,
which vary slightly from those suggested by the applicant:
Revise Section 7.H.14 - Maximum Building Helght, as follows:
Section 7.H.14 - Maximum Building Height No building or appurtenances thereof within the
PID zoning district shall exceedforty-five (45) fiet in height."with ,the exceDtion of buildings in
a Mixed Use Pod pursuant to Section 7.P.J.e.
Amend Section 7.P 1.e. - Maximum Structure Height, as follows.
SectioH 7.P.!.e Msximllllf StNletul'e Height. Afeehanie<<l cquipment whieh exeluoil'sly aG1"feS
the omroture sh<<ll "Gt be {"eluded fit the ealsfllat:i6" efheigltt.
Section 7.P.J.e - Maximum Buildilff Height The Mixed Use pods within the pm shall allow
for Q hei,ht of fifty-five (55) feet for mixed use and residential buildinrs. Buildinu heiuhts
between ({fly-five (55) feet and the maximum of seventy-five (75) feet shall be processed as a
Conditional Use. No excqJtions to the maximum heiCht shall be allowed. Additionallv. the
(ollowing regulations shall apply:
(J) The buildin$! hetEht shall be metpured from the lowest finish floor slab elevation qf
the proDoSed building or from the minimum base flood elevation as established 4l!
Page 4
CDRV 05-006
FEMA-. whichever is hifhest, to the peak q,f the structure. including anv
architectural details. roofioD equipment. stairwells. elevator shq,fts. etc.
(2) Helllht Setback EnveloDe. Minimum buildine setbackr shall be based on
buildin~ heights for buildines greater than forty-five (4$) teet in heirht. The height
setback envelope is applicable where the Mixed Use development is a4lacent to an
existing developed single-family residential zoning district outside the PID. This
minimum setback shall be three (3) times the building height for anv residential or
mixed use structure. The setback shall be measured from the common boundary
of the PID and the existing- single-familv residential zoning district or the midpoint
of anv intervening- rig-ht-of-wav.
The slight changes recommended by staff, from the language proposed by the applicant, involve: (one)-
the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU
language in requiring structures between SS and 7S feet in height to be treated as a Conditional Use and
denoting that height exceptions are not allowed; (three) - the addition ofFEMA floodplain criteria as an
additional option in determining the base of measurement for height.
RECOMMENDATION
Staffrecommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be
approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of
the SubW'ban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola
site), and similar regulations appear appropriate.
1:\SHRDATA\PUNNING\SHAJU!D\WP\I'1l0mCI'S\QU.ANTUM'AIUrooIU POD HEllGHI' (DR.V.DOC
-:!I~ QUAN- .-UIV\
~~ G R 0 U p 0 F COM PAN I E S
EXHIBIT A
January 18, 2005
Mr Michael W Rump~ Director
City of Boynton Beach
Department of Development
Planning & Zoning Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE: Quantum Park DRI
CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT
Dear Mr Rumpf:
Pursuant to a proposed development order condition for the pending NOPC for the above
referenced project we are requesting a code review, or more precisely a zoning code text
change, to accommodate the intended development. Provided with this request are the
following items.
1 Code Review Application Fee of $250 00, Check No. 1331, made payable to The
City of Boynton Beach.
2. Quantum Park PID Code Review Request Justification Statement and Discussion,
dated Janumy 2005
Please review the enclosed Justification Statement and schedule this Request for
consideration at the earliest possible date by the Planning and Development Board and
subsequently by the City Commission. Final consideration of this Request by the City
Commission on or before February 15, 2005 will not adversely impact the Project
development schedule.
If you should have any further questions, please feel free to contact me at any time.
Sincerely,
Eugene A. Gerlic&, P .E.
00: Doug MacDonald
David Noms, Esq. Cohen, Noms, et. aI., (w/encl)
Igor Olenico~ Olen Development, (w/encl)
Steve Fike, Olen Development, (w/encl)
F:\Quantum LlmttUWOPCI S CODE REnEW Bla, HtlRMmp/-Itr-CDRP100s-/ -IO.doc
2500 Quantum lakes Drive, SuIte 101
Boynton Beach. R. 33426
(581)74G-2447 · Fax: (5611 74G-2429
lHII8l1: quantgrpOqgc.cc
QUANTUM PARK PID
CODE REVIEW REQUEST
JUSTFICATION STATEMENT AND DISCUSSION
INTRODUCTION AND PURPOSE
Quantum Park IS zoned PID, it is greater than 500 acres in size and contains
a Mixed Use POD consisting of four (4) locations. This Code Review is
requested to propose a zoning text change that will allow building heights in
excess of the current maximum building height of 45 feet within the Mixed
Use POD of Quantum Park PID This Code Review request is submitted
pursuant to a proposed development order condition of the pending DR! -
NOpe) and Master Site Development Plan amendment currently under
consideration by the City
JUSTIFICATION STATEMENT AND DISCUSSION
A maximum building height greater than 45 feet will allow Quantum Park to
optimize the stated intent and purpose of the PID distnct as set forth in the
Code. Please consider the following.
An increased buIldmg height will better satisfy current demands for
Mixed Use lands by encouraging development whIch reflect changes in
land development trends relating to the topographic variety of the
Quantum Park SIte.
An increased building height will encourage the conservation of natural
amenities by accomplishing the vested development intensities in a
vertical manner in contrast to the land sprawl of lower height
developments.
An increased building height will permit economies in providing public
services
I DRI - Development of Regional Impact, NOpe - Notice ofPtoposed Change
QUANTUM PARK pm - CODE REVIEW REQUEST
January 2005
P~l0<<mtum LlmltedWOPC15 CODE RBYlEW BIdg Ht\CODB RBJ'IBJf.RvJ.4oc
Page 1 of4
An increased building setback is proposed for buildings greater than 45
feet in height. The height setback envelope criteria will eliminate
adverse impacts to existing adjacent single-family zoned lands.
Over the years Quantum Park has evolved into a complex Mixed Use
development. Please consider the following historical perspective. In 1984,
Quantum Park was envisioned to be an emulation of the Silicon Valley type
development in California. Quantum Park with over 4 0 million square feet
of building area proposed for research and development companies would
compliment the newly constructed Motorola Plant and the ffiM campus in
Boca Raton. In 2005, the Motorola Plant is gone, mM is gone and the
development in Quantum Park includes nearly 2.0 Mil square feet of
warehouse/distribution space, a High School, a commuter train station, a
City Park, a private drug and alcohol rehabilitation facility, 1,000 residential
units and a proposed police and fire station.
Quantum Park and the City of Boynton Beach have evolved to include these
desirable Mixed Use pockets of development complete with high-density
residential and commercial space in close proxmrity The high density and
close proximity are key to promote the pedestrian use of connectivity
facilitIes. Other examples of the mIXed-use developments are the marina
project, the CRA and the Rennisance proJect. These mixed-use projects
include building heights In excess of 45 feet, some as great as 75 feet.
Quantum Park may well be the most umque sIte topographically in Palm
Beach County The water management tracts are some of the lowest in the
County at elevation 8.00, while the natural grades are some of the highest at
elevations in excess of 40 00 The constructed finish floor elevations vary
from elevation 14.50 to in excess of elevation 35 00 An increased maximum
building height, particularly at the lower elevations, is not only appropriate,
but also desirable.
The proposed text amendment regarding the increased maximum building
height will provide the Code criteria that will allow taller multifamily
residential buildings The individual homes may be a single floor product in
contrast to the multistory residential units now existing in Quantum Park.
An additional housing product of this nature can be offered consuming less
land area provided the maximum building height is increased.
QUANTUM PARK PID - CODB REVIEW REQUEST
1anuary 2005
F~\Qutmtum LlmltdlNOPC1S CODE REJ'lEW BIdg HtlCODE REJ'/EW-RvJ.doc
Page 2 of4
CODE SECTION REFERENCE
Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code.
Section Seven (7) is the Planned Industrial Development District Code.
Text amendments to the following subsections of this Section are proposed
to address the maximum building height request.
Section 7 .H.14 - Maximum Building Height
Section 7.P 1 b - Definitions
Section 7.P 1 e - Maximum Structure Height
[This area left intentionally blank]
QUANTUM PARK PID - CODE RBVIBW REQUEST
1anuary 2005
P:\Qualltum LlmttedWOPCl5 CODE REf'lEW Bldg HtICODE REY1EW-ItvJ.doll
Page 3 of4
PROPOSED ZONING TExT CHANGES
Revise Section 7.H.14 - Maximum Building Height, as follows:
Section 7.H.14 - Maximum Building Height. No building or
appurtenances thereof within the PID zoning district shall exceed
forty-five (45) feet in height, with the exception of buildings in a
Mixed Use POD pursuant to Section 7.P.1.e.l).
Renumber and revise Section 7.P 1 e - Maximum Stmcture Height, as
follows
Section 7.P.l.e.l) Maximum Building Height. The .maximum
building height within a Mixed Use Pod shall not be greater than
five (5) stories and shall be below the Florida Building Code
thresholds for a high-rise classification.
Two (2) new subsections are proposed, as follows
Section 7.P.l.e.2). Building Height Measurement. Building height
s.hall he measured from the lowest finish floor slab elevation of the
proposed building to the peak of the structure, including any
architectural details, stainvells, elevator shafts ete.
Section7.P.1.e.3). Height Setback Envelop. Minimum building
setbacks shall be based on building heights for buildings greater
than 45 feet in height. The height setback envelope is applicable
where the JrlXed Use development is adjacent to an existing
developed single-lamily residential zoning district outside the PID.
This minimum setback shall be three (3) times the building height
for any multifamily or nonresidential structure. The set back shall
be measured/rom the common boundary of the PID and the
existing single-famiiy residential zoning district or the midpoint 0/
any intervening right-of-way.
QUANTUM PARK PID -CODB RBVIBW REQUEST
January 2005
F~\Qua1ItwrI LlmltedWOPC/5 CODE R1MBW BIdg HtlCODE RE~WJlvJ.4oc
Page 4 of4
~II
I'!I
ilJ!
~I-S
, !~
i
I I
I~:
1ii2 I
f
i Ili~III!!!
II iUJII ill
! III. J II i I!
. I I f<< I (I III
-,' .,,
I ~ 1 I ."
. ~ ! I ..
I. f II~
l l ~I
I ~ I Jr
! ~
EXH',r E
OOIIOIlDS t\\4EIIUf:
...
.
I.....~
"Q
I -Ii "i
f
!a
~ .
11 .
I
i
I
~ ilX~ il'~~iflQO;~~
~ it ~
Wljl
e ~ ~~i'G;GI;e~g
I ~ 8~~IIUIIIII
~
"(,1 ieiRQ O:~~B
_~ f
I UJJ~~IIIII
~ ~.1I5 .
I 511 ,1
III'
ii
'I
I...
,
lIII\" .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 PIe. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY-FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE, PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the CIty's PID Land Development Regulations limit building height to
forty-five (45) feet; and
WHEREAS, the City CommIssion has considered recommendations from City staff
that buildings in PID mixed use PODS be permitted to a height of seventy-five (75) feet
subject to conditIOnal use review/approval,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COl\fMISSION OF
THE CITY OF BOYNTON BEACH, THAT
Section 1.
Each Whereas clause set forth above IS true and correct and herein
incorporated by this reference.
Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
follows:
14 Maximum Building Height. No buildmg or appurtenances thereof
within the PID zoning district shall exceed forty-five (45) feet in height,
with the exceptIon of buildings m a Mixed Use POD pursuant to Section
7.P .I.e.I.
Section 7.P.I.e Maximum Stnleture Height. Meohanieal equipment \vhieh
exclUSively serves the structure shall not be included in the calculation of height.
e.l Maximum Building Height. The maximum building height within a
Mixed Use Pod shall not be greater than five (5) stades 8fld shall be below the Flerial;\
Building Code thresholds for a high rise elassification.75 feet. Any building
exceeding 45 feet In heIght shall be processed as a conditional use.
C:\Documents and Settinl1s\ireeneQ.CITY\Local Settin~s\ Temoorarv Internet Files\OLK I E\Ouantum Park
Height.docS!\C^\ONfiRaRee9\PlaRRiR~aAliitiaRlll Use MalulMeAt M I Q411QS.liee
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Section 3.
That Chapter 2. Section 7 PIe of the LDR is hereby amended by
creating new sections as follows
eo2. Building Height Measurement. Building heIght shall be measured
from the lowest fimsh floor slab elevatIon of the proposed buildmg to the peak
of the structure. including: any architectural details. stairwells. elevator shafts.
etc.
e.3. Height Setback Envelop. MInImUm bUIldmg setbacks shall be based
on buildmg heights for buildings greater than forty-five (45) feet in height.
The height setback envelop is applicable where the Mixed Use development is
adiacent to an eXisting develooed single-family residential zoning district
outSide the Pill. This minimum setback shall be three (3) times the buildmg
height for any multifamily or nonreSIdential structure. The setback shall be
measured from the common boundary of the PID and the existing single-
family residential zomng district of the midpomt of any intervenmg right-of-
way.
Section 4. Each and every other provision of Chapter 2, Section 7 of the Land
Development Regulations, not herein specifically amended shall remam in full force and
effect as prevIously enacted.
Section 5. All ordinances or parts of ordinances m conflict hereWIth be and the
same are hereby repealed.
Section 6. 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.
Section 7.
Section 8.
Authority is hereby granted to codIfy said ordinance
This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of , 2005
SECOND, FINAL READING AND PASSAGE this day of
2005
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
C:\Documents and Settine:s\2reeneq.CITY\Local Settine:s\Temponuy Internet Files\OLKlE\Ouantum Park
Hei2ht.doc8!\CNDr4iRllftees\PlllftRiRg\CsRtlilieRallJse AiHeRlImeRt M I g~ 119j,tlee
1
2
3 ATTEST
4
5
6 City Clerk
7
8 (CORPORATE SEAL)
9
10
11
12
Commissioner
Commissioner
C:\Documents and Settin~s\2reeneQ.CITY\Local Settings\Temnonuy Internet Files\OLKIE\Ouantum Park
Height.doc8!\Cl.\0F4iRaRee&\PlaRRiftg\CelulilieRal Use AfReRllMeRt M 1 941 UlS.~ee
Development staff response to Issues related to Code Review CDRV 05-006
April 5, 2005
1 Definition of five-story building -- without a companion height limitation, how high
theoretically can the building be? There is nothing in the staff report to indicate how high
a five-story building would be. Assuming a 12' ceiling height, a five-story building,
exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the
maximum building height by right is SS feet. The petitioner in this instance has requested
authorization of "five-story buildings" as opposed to the underlying PID allowance of
bundings having a maximum height of 4S feet. Further, the SMU code as referenced in the
staff report does allow for increased height of buildings in the SMU district between SS feet
and 75 feet subject to special review and setback regulations. In summary, I am concerned
that the petitioner's request for authorization of a five-story building lacks specificity and
will result in interpretive problems for the staff and Commission. The building height
should be expressed in feet not stories. That said the visual impact of five-story buildings
along Gateway must be addressed by staff. This was not done in the staff report.
The Staff Report Summary recommends revising Section 7.P 1 e of the Planned
Industrial District (PID) regulations to read as follows.
Section 7.P.1.e - Max/mum Build/no He/uhf. The Mixed Use Dods within the PID shall
aI/ow for a heiaht of frfty-fiye (55) feet for mixed use and residential buildinas. Buildina
heiahts between fifty-five (55) feet and a maximum of seventy-five (75) feet shall be
Drocessed as a Conditional Use. No excelJtions to the maximum heiaht shall be
allowed.
Staff does not consider the 10 foot difference, between the currently allowed 45 foot
height to the midpoint of a pitched roof with the possibility of being granted an
undetermined height exception and the maximum 55 foot height to the top of a roof with
no exceptions, to be significant. The 75-foot height limit can only be achieved by going
through the conditional use process. As a result staff does not consider the visual
impact along Gateway to differ significantly from what can be built now
2. What does "shall fall below the Florida Building Code thresholds for a high-rise
classification" mean? This is not explained in the staff report. H this is an exception to any
fire code provisions, the FD may have objections to the proposed language. Will the new
high-rise regulations to our fire code apply to the PID? The staff report needs to address
this matter
ThIs statement should more correctly reference Ordinance No. 04-005 which amended
Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which
defines "High Rise" as six stories or 75 feet.
- ------
.------ -~ ~
3 The staff report recommends deploying the set-back provisions of the SMU in the
Quaatum PID - however, as noted above, this may be a moot point as there is no
contiguous single family property for vacant lots, I believe. The only area which I saw
adjacent to single-family Is the MU lots 23-31, which have been developed. As land use
policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that
the SMU designation is a special case with limitations
The only existina single family is Dos Lagos adjacent to lots 23 -31 However, it is
possible that future single-family adjacencies could occur at parcels 83,87 and 88 The
recommendation by staff is based on a vision for the future, which would allow
intensification, by height based on subsequent and required NOPC applications and/or
substantial deviations to the DRI To add additional units or square footage above the
current threshold of the ORI, formal applications would be required and reviewed
accordingly Rather than creating a new system, based on the similarities in location
and use with the SMU, the general components of the SMU were applied
4. I did not see any language that would seek to evaluate the SMU provisions for usable
open space at the Quantum PIn Your staff needs to address whether such requirements
are appropriate or beneficial to the MU area of Quantum PID. This is an important and
integral element of balancing increased height and density How would and should the SMU
Building and Site Regulations apply to the Quantum Site? I ask this because it appears that
the staff report only addressed setback requirements associated with higher buildings.
The Quantum Park PIO has it's own open space requirements which it had originally
met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer,
right-of-way plantings, and multiple retention ponds with littoral plantings. The subject
and preceding NOPC amendments have not represented intensifications of the
DRl/Master Plan, but a shifting of uses under the maximum thresholds The additional
height allowed should not be viewed as an intensification but as a vertical use of
capacity Therefore, this should not necessarily be viewed as the opportunity to apply
more restrictions disproportional to the request.
S. What is the basis for the developer's desire to increase the DU's by 10S units? What is
the hardship imposed that would allow such an increase in density? The only item I could
see in the developer's presentation package is that the topography of the area is low (See
page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the
final number and distribution of residential units in the area depicted as Exhibit B to the
staff report? What is the density for the proposal?
The question as to the basis for the developer's desIre to increase DU's by 105 units
would appear to be academic in light of the City Commission's Approval of Ordinance
No 05-013 on February, 152005, which approved the NOPC allowing the additional 105
dwelling units The DRI application does not state any hardship, nor is the applicant
required to provide that type of justification. From day one, when residential units were
Initially allowed into the PID via the prerequisite amendments, resIdential units have
been allowed consistent with the Comprehensive Plan subject only to a FAR and not a
density limit.
6. What impact will this petition have, if granted, on the Mixed Use designated parcels in
the Quantum PID? Based on what has been constructed and what is vacant In these areas,
what can we expect? Also, could the commercial/office area on the north side of Gateway
(Lots 83-88) be converted to residential, or has the development of these parcels been
assured as non-residential?
More residential development on Lots 83-88 could occur but would likely trigger a formal
process to amend the master site plan for that mixed-use pod A certain level of
additional units, if vertical or well integrated would be generally supported by staff
----_._------~-------~- -----
~(''/
"\(
~''''''
(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) ~ June 7 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17 2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION Please place this request on the June 7,2005 City Connnission Agenda under Legal,
Ordinance - First Reading. The City Connnission/Local Planning Agency denied the subject request under Consent and
Legal, Ordinance - First Reading on April 19, 2005 At the May 3,2005 meeting, the City Connnission acted to have this
item reconsidered at its May 17th meeting. Following further consultation and pursuant to the approval by the Planning
Board, staff recommends that any height above 45 feet should be treated as a conditional use. (See attached
Ordinance). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ
05-040
EXPLANATION
PROJECf
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P.E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use
(MU) PODs of the Planned Industrial District (PID) regulations.
PROGRAM IMPACT
FISCAL IMPACT
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
'hd~
Planning and Z g rrector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-006 6-7
05 Is reading-back.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05..040
TO: Chair and Members
Plannlng and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 4, 2005
SUBJECT: CODE REVIEW (CDRV 05-006)
Quantum Park PID (Maximum BuDding Height In Mixed Use Pods)
NATURE OF REOUEST
Mr. Eugene Gertica, representing Quantum Group of Companies, is requesting an amendment to the City's
Land Development Regulations to anow an increase in the maximum anowed height in excess of the 45-
foot Hmitation contained within the Quantum Park Planned Ind~a1 District (PID). The request is
specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "At> -Justification Statement).
BACKGROUND
The City"s Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building
height within Planned Industrial Districts (PID). According to the current regulations, "No building or
czppurtenances thereof shall exceed forty-five (45) feet in height" To date, the residential construction
occwring within Quantum Park has been primarily townhomes and apartments, which complied with the
4S-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15),
approved by the City Commission on February 15, 2005, providing for an increase in the allowable
number of dwelling units by 105, the Quantum Group would like to make provision for a vertical
condominium residential option.
ANALYSIS
The requested amendment would affect only those properties within a Planned Industrial Distriot (PlD)
designated with a Mixed Use (MU) land use. Mixed Use podS only exist within the Quantum Park PID
Staff reviewed the Quantum Park Master Plan (see Exhibit cC)31t - Quantum Park Master Plan), and the
only lots containing the c~ed Use {MU)u designation are noted as follows:
Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were
approved for a townhouse development by DR Horton in 2002 mown as Quantum Townhomes Bast &
W cst (now called Parkside). This projeot is nearly built-out.
.-eve.
CDRV 05-006
Lots S9-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were
approved for 8 rental apartment development by Olen Development in 2000 known as Quantum Lakes
Villas. This projeot is complete.
Lots 62-67 &. 100' These lots are located on the south side of Gateway Boulevard, just west of High Ridge
Road and were approved for an office, retail and rental apartment development by Olen Development in
2002 known as Quantum Park and Village South. The rental apartment oomponent of this project is under
oonstruotion.
Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, abutting High Ridge
Road and were approved for an office, retail and townhouse development in 2002. The townhouse projeot
(now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is
currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for c~ed Use (MU)" within Quantum Park
is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 aores). Additionally,
only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential.
First is the Quantum Park and Village North project, whioh abuts a vacant tract of land to the west that is
zoned single-family Second is the Parkside townhouse project, whioh, as stated earlier, is nearly built-out
and which abuts the L WDD E-4 Canal to the west and across the canal is the Dos Lagos residential
comnnmity
It would appear, at the present time, the only '~ed Use (MU)" designated parcels that may be able to
take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or
Quantum Park and Village North, since the office and retail components of these projects bas not begun
construction. The subdivision master plan for either of these sites would require a formal modification and
review in front of the Board and City Commission to incorporate the additional units while reducing other
approved uses on the site.
Based upon discussions staff bas had with Olen Development, and their recent submittal for a Master Plan
Modification and Major Site Plan Modifioation, they would intend to amend the plans for Quantum Park
and Village South to accommodate the additional dwelling units, while redesigning the office and retail
components. As justification for the request for additional height, Quantum states that "An increase in
height will encourage the conservation of natural amenities by accomplishing the vested development
intensities in a vertical manner in contrast to the land sprawl of lower height development"
During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban
Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a
result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations:
Revise Scotion 7.H.14 - Maximum Bulldtng Height, as follows:
Section 7.H.I4 - Maximum BuUding Height. No building or appurtenances thereof within the
PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildings in
II Mixed Use POD pursuant to Section 7.P.I.e.I.
Renumber and revise Section 7.P I.e - Maximum Structure Height, as follows:
SesHSH 7....1)..1.6 MaiM"'" Strfleture 1hlght }'leeha,tteal epipIHeltt whish 961wi'/ely (JefWJ(J
,lte Itrwsttwe Mall "8t be l"elfMiSflift the ealewl"Heft ellteigltt.
Section 7.P.I.e.n MtlXlmum BuU4tng Height. 11Ie maximum building hei,ht within a Mixed
Page 3
CDRV OS..oo6
Use Pod shall "ot be veater tha" five (5) stories and shall be below the Florida Buildin1 Code
thresholds (or a IIii'll-rise classification.
Add two (2) new subsections, as follows:
Section 7.P.l.e.l) Building Helllht Measurement. Buildin~ heill"t shall be measured from the
lowest finish floor slab elevation Qfthe proposed building to the veal Q.fthe structure. including
anv architectural details. stairwells. elevator shafts. etc.
Section 7.P.l.e.3J Helllht Setbllck Envelop. Minimum building setbac/rs shall be based on
buildinf heights for buildings veater than forty-five (45) feet in height. The het"ht setback
envelop is applicable where the Mixed Use development is ail/acelli to an existing develQPed
single-familv residential zoning district outside the PID. This minimum setback shall be three
(3' times the building height for a,.y multifamilv or nonresidential structure. The setback shall
be measured from the common boundary ill the PID and the existing single-family residential
zoning district or the midpoint of any intervening rlght-of -way.
As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which
allow mixed use in a vertical configuration, allow a height comparable to that being requested by the
applicant, make provisions to safeguard adjacent single family residential communities, and is being
utilized in the immediate vicinity in conjunction with the Renaissance Commons project.
SUMMARY
As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the
existing SMU regulations, staff reconunends the following amendments to the PID district regulations,
which vary slightly from those suggested by the applicant:
Revise Section 7.H.14 - Maximum Building Height, as follows:
Section 7.H.14 - Maximum Building Height No building or appurtenances thereof within the
PID zoning district shall exceed/arty-five (45) feet in height.. with, the exceotion Q.fbuildings in
a Mixed Use Pod pursuant to Section 7.P.l.e.
Amend Section 7.P I.e. - Maximum Structure Height, as follows:
Soo#6n 'l.P.J.e JlllXi,IU'", SWIIMl"e HeIght. }'/eeh81fie<<l.ipmMt whieh ~lftBi'..ely oervea
#Ie struetur<e o1lallltGt be inehldei ilt tfte eekNlati8Pl efheight.
Section 7.P.l.e - Maximum Bulldin~ He/,ht. The Mixed Use pods within the PlD shall allow
for a height q,f fi,fty-ftve (55' feet for mixed use and residential buildings. Building helfhts
between filty-ftve (55) (eet and the maximum Q.fseventy-ftve (7~) (eet shall be processed as a
Conditional Use. No exc~tions to the maximum height shall be allowed. Additionally. the
(ollowing regulations shall apJ1ly:
(1) The buildiml lIe~ht shall be meqsured from the lowest finish floor slab elevation qf
the PrQposed building or from the minimum base flood elevation as established bY.
--------------- -'--
Page 4
CDR-V 05-006
FEMA. whichever Is hi,hest. to the peak qf the structure. includin, anv
architectural details. rooflQp eqJ4lpment. stairwells. elevator shqfts. etc.
(2) Hel,ht Setback Enllelty'e. Minimum buildinlt setbacks shall be based on
buildin, heights for buildings ,reater than fortY-live (4~) feet in height. The height
setback envelope is aJlJ1licable where the Mixed Use development is aqlacent to an
existing develoj1ed sinrle-familv residential zoninr district outside the PID. This
minimum setback shall be three (3) times the building height for anv residential or
mixed use structure. The setback shall be measured from the common boundary
of the PlD and the existing single-familv residential zoning district or the midpoint
Q,f anv intervening right-of-wav.
The slight changes recommended by staff, from the language proposed by the applicant, involve: (one) -
the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU
language in requiring stlUctures between SS and 75 feet in height to be treated as a Conditional Use and
denoting that height exceptions are not allowed; (three) - the addition ofFBMA floodplain criteria as an
additional option in determining the base of measurement for height.
RECOMMENDATION
Staffrecommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be
approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of
the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola
site), and similar regulations appear appropriate.
1:ISImDATAIPUNNINGISRAlU!IJWP\PllOJl!CtSlQUANIUM PAlWKU POD IIElGRr COllY.DOC
----------------.._~-
-41~ QUAN, .-Ulv\
-iiltlr- G R 0 U P 0 F COM PAN I E S
EXHIBIT A
January 18,2005
Mr Miohael W Rwnpf, Director
City of Boynton Beach
Department of Development
Planning & Zoning Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE: Quantum Park DRI
CODE REVIEW - PID - MAXI1\1UM: BUILDING HEIGHT
Dear Me Rumpf:
Pursuant to a proposed development order condition for the pending NOPC for the above
referenced project we are requesting a code review, or more precisely a zoning code text
change, to accommodate the intended development Provided with this request are the
following items.
1 Code Review Application Fee of $250 00, Check No 1331, made payable to The
City of Boynton Beach.
2. Quantum Park PID Code Review Request Justification Statement and Discussion,
dated January 2005
Please review the enclosed Justification Statement and schedule this Request for
consideration at the earliest possible date by the Planning and Development Board and
subsequently by the City Commission. Final consideration of this Request by the City
CQmmission on or before February is, 2005 will not adversely impact the Project
development schedule.
If you should have any further questions, please feel free to contact me at any time
Sincerely,
Eugene A. Oerlica, P .E.
cc: Doug MacDonald
David Noms, Esq. Cohen, Noms, et. aI., (w/encl)
Igor OlenieotT, Olen Development, (w/enel)
Steve Pike, Olen Development, (w/encl)
F:\QIwltum LlmttedWOPCl S CODB REP1Bff' Bldg HtlRMmpf-ltr-CDRY200S.1.10.doc
2600 Quantum lakes Drive, Suite 101
Boynton Beach. R. 33426
(561)740-2447 · Fax: (561)740-2429
e-mail: quantgrpGqgc.cc
QUANTUM PARK PID
CODE REVIEW REQUEST
JUSTFICATION STATEMENT AND DISCUSSION
INTRODUCTION AND PURPOSE
Quantum Park IS zoned PID, it is greater than 500 acres in size and contains
a Mixed Use POD consisting of four (4) locations. This Code Review is
requested to propose a zoning text change that will allow building heights in
excess of the current maximum building height of 45 feet within the Mixed
Use POD of Quantum Park PID This Code Review request is submitted
pursuant to a proposed development order condition of the pending DR!-
NOPC. and Master Site Development Plan amendment currently under
consideration by the City
JUSTIFICATION STATEMENT AND DISCUSSION
A maximum building height greater than 45 feet will allow Quantum Park to
optimize the stated intent and pmpose of the PID distnct as set forth m the
Code. Please consider the following.
An increased building heIght will better satisfy current demands for
Mixed Use lands by encouraging development which reflect changes in
land development trends relating to the topographic variety of the
Quantum. Park SIte.
An increased building height will encourage the conservation of natural
amenities by accomplishing the vested development intensities in a
vertical manner in contrast to the land sprawl of lower height
developments.
An increased building height will permit economies in providing public
services
I DR! - Development of Regional Impact, NOpe - Notice of Proposed Change
QUANTUM PARK PID - CODE REVIEW REQUEST
1anuary 2005
F:\Qu<rntum Llmlted\NOPCI5 CODE REVIEW Bldg HtlCODB RBJflBW.RvUoc
Page 1 of4
An increased building setback is proposed for buildings greater than 45
feet in height. The height setback envelope criteria will eliminate
adverse impacts to existing adjacent single..family zoned lands.
Over the years Quantum Park has evolved into a complex Mixed Use
development. Please consider the following historical perspective. In 1984,
Quantum Park was envisioned to be an emulation of the Silicon Valley type
development in California. Quantum Park with over 4 0 million square feet
of building area proposed for research and development companies would
compliment the newly constructed Motorola Plant and the mM campus in
Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the
development in Quantum Park includes nearly 2.0 Mil square feet of
warehouse/distribution space, a High School, a commuter train station, a
City Park, a private drug and alcohol rehabilitation facility, 1,000 residential
units and a proposed police and fire station.
Quantum Park and the City of Boynton Beach have evolved to include these
desirable Mixed Use pockets of development complete with high-density
residential and commercial space in close proximity The high density and
close proximity are key to promote the pedestrian use of connectivity
facilities. Other examples of the mixed-use developments are the marina
project, the CRA and the Rennisance project. These mixed-use projects
include buildIng heights In excess of 45 feet, some as great as 75 feet.
Quantum Park may well be the most umque site topographically in Palm
Beach County The water management tracts are some of the lowest in the
County at elevation 800, while the natural grades are some of the highest at
elevations in excess of 40 00 The constructed finish floor elevations vary
from elevation 14.50 to in excess of elevation 35 00 An increased maximum
building height, particularly at the lower elevations, is not only appropriate,
but also desirable.
The proposed text amendment regarding the increased maximum building
height will provide the Code cnteria that will allow taller multifamily
residential buildings The individual homes may be a single floor product in
contrast to the multistory residential units now existing in Quantum Park.
An additional housing product of this nature can be offered consuming less
land area provided the maximum building height is increased.
QUANTUM PARK PID - CODB REVIEW REQUEST
1anuary 2005
FI\Qwcrntum LlntttedWOPC15 CODE REVIEW Bldg HtlCODE REJ'lEW-RvJ.doc
Page 2of4
CODE SECTION REFERENCE
Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code
Section Seven (7) is the Planned Industrial Development District Code
Text amendments to the following subsections of this Section are proposed
to address the maximum building height request.
Section 7 .H.14 - Maximum Building Height
Section 7.P 1 b - Definitions
Section 7.P 1 e - Maximum Structure Height
[This area left Intentionally blank]
QUANI'UM PARK. PID - CODE RBVmW REQUEST
January200S
P~\Qua1ctum L#mItMWOPC/J CODE REJl1EW Bldg HtlCODE RlMEW-RvJ.doc
Page 3 of4
-----"- ------
PROPOSED ZONING TExT CHANGES
Revise Section 7.H.14 - Maximum Building Height, as follows'
Section 7.H.14 - Maximum Building Height. No building or
appurtenances thereof within the PID zoning district shall exceed
forty-five (45) feet in height, with the exception of buildings in a
Mixed Use POD pursuant to Section 7.P.I.e.1).
Renumber and revise Section 7.P 1 e - Maximum Structure Height, as
follows
Section 7.P.I.e.1) Maximum Building Height. The maximum
building height within a Mixed Use Pod shall not be greater than
five (5) stories and shall be below the Florida Building Code
thresholds for a high-rise classification.
Two (2) new subsections are proposed, as follows
Section 7.P.1.e.2). Building Height Measurement. Building height
shall he measuredfrom the lowestfinishfloor slab elevation afthe
proposed building to the peak of the structure, including any
architectural details, stairwells, elevator shafts etc.
Section7.P.1.e.3). Height Setback Envelop. Minimum building
setbacks shall be based on building heights for buildings greater
than 45 feet in height The height setback envelope is applicable
where the Mixed Use development is adjacent to an existing
developed single-family residential zoning district outside the pm.
This minimum setback shall be three (3) times the building height
for any multifamily or nonresidential structure. The set back shall
be measuredfrom tlte common boundary of the pm and the
existing single-family residential zoning district or the midpoint of
any intervening right-of-way.
QUANTUM PARK PID - CODE RBVIBW REQUEST
January 2005
F:1Quantum LlmlwlWOPC15 CODE RBJl'IEW Bl4g HtlCODE RE~W..RvJ.doc
Page 4 of4
~~
J,li
ld
LJ
" !~
i
I I
III
I, I
f
i i 11~1I1!!!
I ! -!Iii Ij II
! IIII J 1,1 i I!
! ~ ; P I I ii
I I i I J I.~
. ~ I ..
I. I II~
I I i,
f ~ I J1
~ ~
OOIIGl\US ~YlHUI:
I "'.--cl
.."
I -R wi
I
i
i
~ ~i~~ ~1~e~i~gO;5i
tgll!
~ I
lW1~
I ~ ~~i,g~GI;e~g
I I IluaUllll1
~ei~Q OQUB
...g 0 !~ f
~ UIUUil1 ~
I ~i1l5 I~
I ul 5t Ii
AI I' ·
EXHI IT E
~
.
~ .
, .
~
- "" -
------- --'
---~-----_............----.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
ORDINANCE NO 05-
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 PIe. TO ALLOW A l\1AXIMUM
BUILDING HEIGHT EXCEEDING FORTY -FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
:L\fIXED USE POD, PROVIDING APPLICATION
FOR BUILDING 'VITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE, PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the CIty'S PID Land Development Regulations linut building height to
forty-five (45) feet; and
WHEREAS, the City Comnussion has considered recommendations from City staff
that bUildings m PID mixed use PODS be permitted to a height of seventy-five (75) feet
subject to conditional use review/approval,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT
Section I.
Each Whereas clause set forth above IS true and correct and herem
incorporated by this reference.
Section 2. That Chapter 2. SectIOn 7 H. 14 of the LDR is hereby amended by as
follows.
14 MaxllllUm Building Height. No building or appurtenances thereof
within the PID zoning district shall exceed forty-five (45) feet m height,
with the exception of buildings in a Mixed Use POD pursuant to Section
7.P .I.e. I.
Section 7.P.l.e Maximum Structure Height. Meehanieal equipment whteh
exclusively serves the structure shall not be included in the oaloulation of height.
e.1 Maximum Buildmg Height. The maximum building height within a
MIxed Use Pod shall not be greater than five (5) stories and shall be Below the Florida
Building Code thresholds for a kigh rise elassifioation.75 feet. Any building
exceeding 45 feet In height shall be processed as a conditional use.
~:\Documents and Settin~s~reeneQ.CITY\Local Settinl!:s\Temporary Internet Files\OLKI E\Ouantum Park
Height.docg:\CA\O~iRaRees\PlanRiRglCendjtjeRal Use Amendment 1\1 1 Q411 QS,dee
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Section 3.
That Chapter 2. Section 7 P t.e of the LDR is hereby amended by
creating new sections as follows
co2. Building Height Measurement. Building height shall be measured
from the lowest finish floor slab elevatIon of the proposed building to the peak
of the structure. includIng any architectural details. stairwells. elevator shafts.
etc.
e.}. HeIght Setback Envelop. MInImUm buIlding setbacks shall be based
on bUIldIng heights for bUildings greater than forty-five (45) feet in height.
The heIght setback envelop is applIcable where the Mixed Use development is
adlacent to an existmg developed smgle-family residential zOning district
outside the Pill. This mInImUm setback shall be three (3) times the building
heIght for any multifamily or nonresidential structure. The setback shall be
measured from the common boundary of the PID and the existing sinele-
fanulv reSIdential zonmf!: distrIct of the midpomt of any intervening right-of-
way.
Section 4. Each and every other provision of Chapter 2, Section 7 of the Land
Development Regulations, not herein specifically amended shall remam III full force and
effect as previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. 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.
SectIon 7.
Section 8.
Authority is hereby granted to codify said ordinance
This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
2005
SECOND, FINAL READING AND PASSAGE this
day of
2005
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
C:\Documents and Settin2s~reeneq.CITY\Local Settings\Temporarv Internet Files\OLKIE\Ouantum Park
Height.docS!\.cAl,{)rdiatlf\ae5\PI&t\ftiag\Cel\di~ef\1l1 Use Aft\eRdmeat M 1 Q111 QS.llea
1
2
3 ATTEST
4
5
6 City Clerk
7
8 (CORPORATE SEAL)
9
10
11
12
Commissioner
Commissioner
C:\Documents and Settings\greenea.ClTY\Local Settinqs\Temporary Internet Files\OLKlE\Quantum Park
Heillht.doc8t\CA\OrdtA8I\aes\Plal\l\iftg\Ceaditiel\aI Use AMeRlImel\t M llH IIQS.dee
Development staff response to Issues related to Code Review CDRV 05-006
April 5, 2005
1 Definition of five-story building -- without a companion height limitation, how high
theoretically can the building be? There is nothing in the staff report to indicate how high
a five-story building would be. Assuming a 12' ceiling height, a five-story building,
exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the
maximum building height by right is 55 feet. The petitioner in this instance has requested
authorization of "five-story buildings" as opposed to the underlying PID allowance of
buildings ha'\ing a maximum height of 45 feet. Further, the SMU code as referenced in the
staff report does allow for increased height of buildings in the SMU district between SS feet
and 75 feet subject to special review and setback regulations. In summary, I am concerned
that the petitioner's request for authorization of a five-story building lacks specificity and
will result in interpretive problems for the staff and Commission. The building height
should be expressed in feet not stories. That said the visual impact of five-story buildings
along Gateway must be addressed by staff. This was not done in the staff report.
The Staff Report Summary recommends revising Section 7 P 1 e of the Planned
Industrial District (PID) regulations to read as follows.
Section 7.P.1.e - Maximum Bulldina Heiaht. The Mixed Use Dods within the PID shall
allow for a heiaht of fifty-five (55) feet for mixed use and residential buildinas. Buildina
heiahts between fifty-five (55) feet and a maximum of seventv-fwe {75J feet shall be
processed as a Conditional Use. No exceDtions to the maximum heiaht shall be
allowed.
Staff does not consider the 10 foot difference, between the currently allowed 45 foot
height to the midpoint of a pitched roof with the possibility of being granted an
undetermined height exception and the maximum 55 foot height to the top of a roof with
no exceptions, to be significant. The 75-foot height limit can only be achieved by going
through the conditional use process. As a result staff does not consider the visual
impact along Gateway to differ significantly from what can be built now
2. What does "shall fall below the Florida Building Code thresholds for a high-rise
classification" mean? This is not explained in the staff report. H this is an exception to any
rue code provisions, the FD may have objections to the proposed language. Will the new
high-rise regulations to our fire code apply to the PID? The staff report needs to address
this matter
This statement should more correctly reference Ordinance No. 04-005 which amended
Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which
defines "High Rise" as six stories or 75 feet.
3 The staff report recommends deploying the set-back provisions of the SMU in the
Quaatum PIO - however, as noted above, this may be a moot point as there is no
contiguous single family property for vacant lots, I believe. The only area which I saw
adjacent to single-family is the MU lots 23-31, which have been developed. As land use
policy, tbe provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that
tbe SMU designation is a special case with limitations
The only existina single family is Dos Lagos adjacent to lots 23 -31 However, it is
possible that future single-family adjacencies could occur at parcels 83, 87 and 88 The
recommendation by staff is based on a vision for the future, which would allow
intensification, by height based on subsequent and required NOPC applications and/or
substantial deviations to the DRI To add additional units or square footage above the
current threshold of the DR', formal applications would be required and reviewed
accordingly Rather than creating a new system, based on the similarities in location
and use with the SMU, the general components of the SMU were applied
4. I did not see any language tbat would seek to evaluate the SMU provisions for usable
open space at tbe Quantum PID. Your staff needs to address whether such requirements
are appropriate or beneficial to the MU area of Quantum PID. This is an important and
integral element of balancing increased height and density How would and should the SMU
Building and Site Regulations apply to the Quantum Site? I ask this because it appears that
the staff report only addressed setback requirements associated l\ith higher buildings.
The Quantum Park PID has it's own open space requirements which it had originally
met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer,
right-of-way plantings, and multiple retention ponds with littoral plantings The subject
and preceding NOpe amendments have not represented intensifications of the
DRI/Master Plan, but a shifting of uses under the maximum thresholds The additional
height allowed should not be viewed as an intensification but as a vertical use of
capacity Therefore, this should not necessarily be viewed as the opportunity to apply
more restrictions disproportional to the request.
S. What is the basis for the developer's desire to increase the DU's by 105 units? What is
the hardship imposed that would allow such an increase in density? The only item I could
see in the developer's presentation package is that the topography of the area is low (See
page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the
final number and distribution of residential units in the area depicted as Exhibit B to the
staff report? What is the density for the proposal?
The question as to the basis for the developer's desire to increase DU's by 105 units
would appear to be academic in light of the City Commission's Approval of Ordinance
No 05-013 on February, 152005, which approved the NOPC allowing the additional 105
dwelling units. The DRI application does not state any hardship, nor is the applicant
required to provide that type of justification. From day one, when residential units were
Initially allowed into the PID via the prerequisite amendments, residential units have
been allowed consistent with the Comprehensive Plan subject only to a FAR and not a
density limit.
.--------------
6 What impact will this petition have, if granted, on the Mixed Use designated parcels in
the Quantum PID? Based on what has been constructed and what is vacant in these areas,
what can we expect? Also, could the commercial/office area on the north side of Gateway
(Lots 83-88) be converted to residential, or has the development of these parcels been
assured as non-residential?
More residential development on Lots 83-88 could occur but would likely trigger a formal
process to amend the master site plan for that mixed-use pod A certain level of
additional units, if vertical or well integrated would be generally supported by staff
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Description Request for Height Exception approval of 19 feet-six
(6) Inches to allow decorative rooftop statues at a
height of 64 feet-six (6) Inches In lieu of the
maximum of 45-feet allowed In the C-3 zoning
district.
Chairman Wische stated that there was only one staff comment and Mr
Marsicano agreed with the staff comment.
Chairman Wische opened the public hearing Since no one wished to speak, the
public hearing was closed
Motion
Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19
feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six
(6) inches in lieu of the maximum of 45-feet allowed in the (-3 zoning district.
Mr Hay seconded the motion that passed unanimously
o Code Review
1
Project.
Agent.
Owner
Location
Description
Quantum Park MU Height (CORV 05-006)
Eugene Gerlica, P E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development
Regulations to increase the allowable building height
from 45 feet to 5 stories in Mined Use (MU) PODs of
the Planned Industrial District (PIO) regulations.
Chairman Wische stated that Staff approved it with slight recommendations to
the Planned Industrial District regulations
David Norris, 712 US Highway 1, attorney for the applicant, assumed the
podium and stated that they accept the staff recommendations.
Ed Bresse, Principal Planner stated that the City Manager requested that Staff
recommend that the Item be tabled so he can have more time to review the
Information submitted
Chairman Wische stated it was not on the agenda to table, and he was only
Interested In whether the request was approved.
7
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Mr Saberson moved to table the request for one month until the next Planning
and Development meeting Ms. Jaskiewicz seconded the motion
Chairman Wische objected to tabling and stated the item was already held back
from the February meeting Mr Breese informed the Board that the City
Manager had been ill and has not had a lot to time to spend on those types of
Items.
Vice Chair Casaine stated he did not believe that enough reason had been
presented to table the item He stated that motions must be presented in an
order, and you have to give the opportunity for it to be presented to the public
and the Board for discussion before a motion can be presented
Mr Hay stated that based on the City Manager's illness he felt the City Manager
should have the opportunity to review the item
Mr Nora pointed out that the item was originally part of the request for NOPC
#15, and staff requested them to remove it from that request so that they would
have more time to review They gave staff the additional month and a half to
review the item, which Staff gave their recommendation that they agree with. He
did not think it was fair for them to ask for more time at the last minute He
stated that it is a big project and every request is time sensitive
Mr Broening pointed out that after the Board makes its recommendations that
the item then goes to the City Commission for approval, which will provide
sufficient time for any further review that may be necessary
Mr. Breese pointed out that Mr Nora stated Staff asked them to remove the item
from the NOPC #15 to give them more time to review, and that was not a
factual statement. He stated that it is not a part of the NOPC and Is not
something that is reviewed by the State He stated that they did ask him to
remove the item because it would not be appropriate to deal with it within an
NOPC and suggested they move it to tonight's meeting
Vote
The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr Cwynar, Mr
Hay, Mr Broening dissenting)
8
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
~Qtion
Vice Chair Sergio moved that the request to amend the Land Development
Regulations to increase the allowable building height from 45 feet to 5 stories in
Mixed Use (MU) PODs of the Planned Industrial District (PID) request and
following staff's recommendations be approved Motion seconded by Mr
Cwynar
Vote
The motion carried 5-2 (Mr Saberson and Ms Jaskiewicz dissenting)
8. Other
None
9. Comments by members
Mr Hay inquired if it was okay for them to have the meeting without an Attorney
present. Mr Breese responded that Staff was told that it would not be a
problem running the meeting without the Attorney present.
Mr Fitzpatrick, Alternate, inquired from Staff about a list of questions he had
given out to Staff two months ago and has not had any reply Mr Breese stated
that he was not sure what those requests were, that they were not directed to
him, but he will find out.
10. Adjournment
There being no further business, the meeting properly adjourned at 7 19p m
Respectfully submitted,
Catherine Wharton
Recording Secretary
(March 24, 2005)
9
y .f'
I
'::I' r; I 1 i
I
-...,..
r}"'\r^-.Q..c. . ."'--.
~
\\--
I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7 2005 May 16, 2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) 0 June 21 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
IZI May 17 2005 May 2, 2005 (Noon) 0 July 19 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing IZI Legal
0 Bids 0 Unftnished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION Please place this request on the May 17,2005 City Commission Agenda under Legal,
Ordinance - First Reading. The City CommissionILocal Planning Agency denied the subject request under Consent and
Legal, Ordinance - First Reading on April 19, 2005 At the May 3,2005 meeting, the City Commission acted to have this
item reconsidered at its May 17th meeting. Pursuant to the approval by the Planning Board and, following further
consultation, staff recommends, and the attached ordinance reflects, that any height above 45 feet should be treated as
a conditional use. For further details pertaining to the request, see attached Department of Development Memorandum No.
PZ 05-040
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P .E., Quantum Group of Companies
Quantum Group of Companies
QuantumParkPID
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use
(MU) PODs of the Planned Industrial District (PID) regulations.
PROGRAM IMPACT N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DevelOP~
City Manager's Signature
pk ~d ?~"'r Diy Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-0065-
17 -05 Is reading. dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetim! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7 2005 May 16,2005 (Noon)
[gI April 19 2005 April 4, 2005 (Noon) D June 21 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
0 May 17 2005 May 2, 2005 (Noon) D July 19 2005 July 5, 2005 (Noon)
0 Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing [gI Legal
0 Bids D Unfinished Business
0 Announcement D Presentation
0 City Manager's Report
RECOMMENDATION Please place this request on the April 19, 2005 City Commission Agenda under Consent,
and Legal, Ordinance - First Reading. The Planning and Development Board, on March 22, 2005, forwarded this item to the
Commission with a recommendation for approval. Pursuant to the approval by the Planning Board and, following
further consultation, staff recommends, and the attached ordinance reflects, that any height above 45 feet should be
treated as a conditional use. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-040
51!.
-o-e JJ I € d t\l '\;\ \C\\()5"lV\~-a-L u-q
fu...t~ l
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION.
DESCRIPTION
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P .E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park Pill
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use
(MU) PODs of the Planned Industrial District (Pill) regulations.
PROGRAM IMP ACT: N/A
FISCAL IMPACT N/ A
ALTERNATIVES: N/A
~vel~
City Manager's Signature
Z-c1~
Planning an g Drrector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\SPEC OJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-0064-19-
05 2nd.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-040
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 4, 2005
SUBJECT CODE REVIEW (CDRV 05-006)
Quantum Park PID (Maximum BuUdlng Height In MlJ::ed Use Pods)
NATURE OF REOUEST
Mr Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's
Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45-
foot limitation contained within the Quantum Park Planned Industrial District (pID). The request is
specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" - Justification Statement).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building
height within Planned Industrial Districts (PID). According to the current regulations, "No building or
appurtenances thereof shall exceed forty-five (45) feet in height" To elate, the residential construction
occurring within Quantum Park has been primarily townhomes and apartments, which complied with the
45-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOpe #15),
approved by the City Commission on February 15, 2005, providing for an increase in the allowable
number of dwelling units by 105, the Quantum Group would like to make provision for a vertical
condominium residential option.
ANALYSIS
The requested amendment would affect only those properties within a Planned Industrial District (PID)
designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID
Staff reviewed the Quantum Park Master Plan (see Exhibit "B" - Quantum Park Master Plan), and the
only lots containing the "Mixed Use (MU)" designation are noted as follows.
Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were
approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East &
West (now called Parkside). This project is nearlybuilt-out.
Page 2
CORV 05-006
Lots 59-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were
approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes
Villas. This project is complete.
Lots 62-67 & 100' These lots are located on the south side of Gateway Boulevard, just west of High Ridge
Road and were approved for an office, retail and rental apartment development by Olen Development in
2002 known as Quantum Park and Village South. The rental apartment component of this project is under
construction.
Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, abutting High Ridge
Road and were approved for an office, retail and townhouse development in 2002. The townhouse project
(now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is
currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park
is 94 86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). Additionally,
only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential.
First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is
zoned single-family Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out
and which abuts the LWDD E-4 Canal to the west and across the canal is the Dos Lagos residential
community
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to
take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or
Quantum Park and Village North, since the office and retail components of these projects has not begun
construction. The subdivision master plan for either of these sites would require a formal modification and
review in front of the Board and City Commission to incorporate the additional units while reducing other
approved uses on the site.
Based upon discussions staffhas had with Olen Development, and their recent submittal for a Master Plan
Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park
and Village South to accommodate the additional dwelling units, while redesigning the office and retail
components. As justification for the request for additional height, Quantum states that "An increase in
height will encourage the conservation of natural amenities by accomplishing the vested development
intensities in a vertical manner in contrast to the land sprawl of lower height development"
During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban
Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a
result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations:
Revise Section 7.H.14 - Maximum BuRdlng Height, as follows:
Section 7.H.14 - Maximum Building Height. No building or appurtenances thereofwithin the
PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildings in
a Mixed Use POD pursuant to Section 7.P.I.e.I.
Renumber and revise Section 7.P l.e - Maximum Structure Height, as follows:
Seeti6'1t 7.P.f.e JfailH"". Stl'uetUI'e Height. Akehs'ltietll efJfdp1H8Itt whieh eaeelwoi'.'ely serves
the 8Ruettlre shall 'ltst be i"elfHied ilt Ihe 8lI1Btlls1i81f ej'height.
Section 7.P.I.e.I) Maximum BuildinJ! Height. The maximum buildinJ! heiJ!ht within a Mixed
Page 3
CDRV 05-006
Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code
thresholds for a high-rise classification.
Add two (2) new subsections, as follows:
Section 7.P.J.e.]) BuildinE Heil!ht Measurement BuildinJ! heiJ!ht shall be measured from the
lowest finish floor slab elevation of the proposed building to the peak of the structure. includinv
anv architectural details. stairwells. elevator shafts. etc.
Section 7.P.J.e.3) Heieht Setback Envelop. Minimum buildinv setbacks shall be based on
buildinv heivhts for buildings greater than forty-five (45) feet in height. The height setback
envelop is applicable where the Mixed Use development is adiacent to an existing developed
sinflle-familv residential zoning district outside the PID. This minimum setback shall be three
(3) times the buildinfl heivht for anv multifamilv or nonresidential structure. The setback shall
be measured from the common boundary of the PID and the existinfl single-fam/lv residential
zoning district or the midpoint of anv interveninJ! right-of -wav.
As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which
allow mixed use in a vertical configuration, allow a height comparable to that being requested by the
applicant, make provisions to safeguard adjacent single family residential communities, and is being
utilized in the immediate vicinity in conjunction with the Renaissance Commons project.
SUMMARY
As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the
existing SMU regulations, staff recommends the following amendments to the PID district regulations,
which vary slightly from those suggested by the applicant:
Revise Section 7.H.14 - Maximum BuRding Height, as follows:
Section 7.H.14 - Maximum BuUding Height. No building or appurtenances thereof within the
PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildings in
a Mixed Use Pod pursuant to Section 7.P.J.e.
Amend Section 7.P I.e. - Maximum Structure Height, as follows.
Seeti6n 7.P.f.e Jlted',UHIf StlweUlI'e Height. l.kehsnieal eljfJtip",e'ltt which sehtoi';ely fJen'e9
the st1'f:lemre shall net be inelfJtdetl in the ea!efJt1a#8n of height.
Section 7.P.J.e - Maximum BuUdinfl Heil!ht The Mixed Use pods within the PID shall allow
for a heiflht of fifty-five (55) feet for mixed use and residential buildinfls. Building heights
between fifty-five (55) feet and the maximum of seven(y-five (75) feet shall be processed as a
Conditional Use. No exceptions to the maximum height shall be allowed. Additionallv. the
following regulations shall aPDlv:
(1) The building height shall be measured from the lowest finish floor slab elevation of
the proposed buildinv or from the minimum base flood elevation as established bv
Page 4
CORV 05-006
FEMA. whichever is highest. to the peak of the structure. including anv
architectural details. rooftoD equipment. stairwells. elevator shafts. etc.
(2) Height Setback EnveloDe. Minimum buildinl! setbacks shall be based on
building heights for buildinlls greater than forty-five (45) feet in height. The height
setback envelope is applicable where the Mixed Use development is adiacent to an
existing developed single-familv residential zoning district outside the PID. This
minimum setback shall be three (3) times the buildin~ height for anv residential or
mixed use structure. The setback shall be measured from the common boundary
of the PID and the existin~ single-familv residential zoning district or the midpoint
of anv intervening right-of-wav.
The slight changes recommended by staff, from the language proposed by the applicant, involve: (one)-
the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU
language in requiring structures between 55 and 75 feet in height to be treated as a Conditional Use and
denoting that height exceptions are not allowed; (three) - the addition of FEMA floodplain criteria as an
additional option in determining the base of measurement for height.
RECOMMENDATION
Staff recommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be
approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of
the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola
site), and similar regulations appear appropriate.
1:\SHRDATAIPLANNlNGlSHARED\WPlPROJECTS\QUANTUM pARK\M{J POD IIEIGHT CDRV.DOC
~~ QUAN .-UIv\
-iil1fr. G R 0 U P 0 F COM PAN I E S
EXHIBIT A
January 18, 2005
Mr Michael W Rumpf, Director
City of Boynton Beach
Department of Development
Planning & Zoning Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE. Quantum Park DR!
CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT
Dear Me Rumpf:
Pursuant to a proposed development order condition for the pending NOPC for the above
referenced project we are requesting a code review, or more precisely a zoning code text
change, to accommodate the intended development. Provided with this request are the
following items.
1 Code Review Application Fee of $250 00, Check No 1331, made payable to The
City of Boynton Beach.
2. Quantum Park PID Code Review Request Justification Statement and Discussion,
dated January 2005
Please review the enclosed Justification Statement and schedule this Request for
consideration at the earliest possible date by the Plannmg and Development Board and
subsequently by the City Commission. Final consideration of this Request by the City
Commission on or before February 15, 2005 will not adversely impact the Project
development schedule.
If you should have any further questions, please feel free to contact me at any trme.
Sincerely,
Eugene A. Gerlica, P.E.
cc: Doug MacDonald
David Norris, Esq. Cohen, Norris, et. aI., (w/encl)
Igor Olenicofl: Olen Development, (w/encl)
Steve Fike, Olen Development, (w/encl)
F~\Quontum LlmltedWOPCl S CODE REVIEW BIdg HtlRMmpl-ltr-CDRV200S-1-10.doc
2500 Quantum lakes Drive. Suite 101
Boynton Beach. FL 33426
(561) 740-2447 · Fax: (561) 740-2429
e-mail: QuantgrpCqgc.cc
QUANTUM PARK PID
CODE REVIEW REQUEST
JUSTFICATION STATEMENT AND DISCUSSION
INTRODUCTION AND PURPOSE
Quantum Park IS zoned Pill, It is greater than 500 acres In SIze and contains
a Mixed Use POD consistmg of four (4) locatIOns. This Code ReVIew is
requested to propose a zonmg text change that will allow buIldIng heights in
excess of the current maximum building height of 45 feet witlnn the Mixed
Use POD of Quantum Park PID This Code ReVIew request is submItted
pursuant to a proposed development order condItIon of the pending DR! -
NOPC1 and Master SIte Development Plan amendment currently under
consideration by the CIty
JUSTIFICATION STATEMENT AND DISCUSSION
A maxImum building heIght greater than 45 feet WIll allow Quantum Park to
optimize the stated Intent and purpose of the PID distnct as set forth In the
Code. Please consIder the follOWIng.
An Increased buildIng heIght WIll better satIsfy current demands for
Mixed Use lands by encouragIng development wInch reflect changes in
land development trends relating to the topographIc vanety of the
Quantum Park SIte.
An increased building heIght will encourage the conservation of natural
amenItIes by accomplishing the vested development mtensities In a
vertIcal manner In contrast to the land sprawl of lower heIght
developments.
An increased budding heIght will penmt econ01l11es In providing public
.
servIces.
I DRI - Development of Regional Impact, NOPC - Notice of Proposed Change
QUANTUM PARK. PID - CODE REVIEW REQUEST
1anuary 2005
F-\Quantum LlmltedWOPC15 CODE REVIEW Bldg HtlCODE REVIEW-Rv3.doc
Page 1 of4
An Increased budding setback is proposed for buildings greater than 45
feet in height. The height setback envelope critena w1l1 elinnnate
adverse impacts to existing adjacent sIngle-family zoned lands
Over the years Quantum Park has evolved into a complex Mixed Use
development. Please consider the followIng hIstorical perspective. In 1984,
Quantum Park was envIsIoned to be an emulation of the Silicon Valley type
development III CalIfornia. Quantum Park wIth over 4 0 millIon square feet
of building area proposed for research and development companIes would
compliment the newly constructed Motorola Plant and the ffiM campus in
Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the
development In Quantum Park includes nearly 2.0 Mil square feet of
warehouse/dIstribution space, a High School, a commuter tram station, a
CIty Park, a pnvate drug and alcohol rehabilItation facIlity, 1,000 residential
units and a proposed police and fire statIOn.
Quantum Park and the City of Boynton Beach have evolved to include these
desrrable Mixed Use pockets of development complete With htgh-density
reSIdential and commercial space In close proxunity The high denSity and
close proxImIty are key to promote the pedestrian use of connectivIty
facIlIties. Other examples of the nnxed-use developments are the manna
proJect, the CRA and the Renmsance project. These mixed-use projects
Include buIldmg heIghts In excess of 45 feet, some as great as 75 feet.
Quantum Park may well be the most umque sIte topograplucally In Palm
Beach County The water management tracts are some of the lowest ill the
County at elevation 8 00, whlle the natural grades are some of the highest at
elevations In excess of 40 00 The constructed fimsh floor elevations vary
from elevatIon 14.50 to In excess of elevatIOn 35 00 An Increased maximum
buildIng heIght, particularly at the lower elevations, is not only appropnate,
but also desirable.
The proposed text amendment regarding the Increased maximum building
heIght will provide the Code cntena that will allow taller multifamily
residential buIldIngs. The mdlvidual homes may be a sIngle floor product m
contrast to the multistory residential units now existIng in Quantum Park.
An additIOnal housmg product of thIS nature can be offered consuming less
land area provided the maximum buIlding height is mcreased.
QUANTUM PARK PID - CODE REVIEW REQUEST
January 2005
F'\Quantum LimltedWOPC15 CODE REVIEW Bldg HtlCODE REVlEW-RvJ.doc
Page 2 of 4
CODE SECTION REFERENCE
Chapter Two of the Code of OrdInances IS the Boynton Beach Zoning Code.
Section Seven (7) IS the Planned Industnal Development Distnct Code.
Text amendments to the folloWIng subsections of thIS Section are proposed
to address the maxImum budding height request.
Section 7 .H.14 - Maximum BuIlding Height
Section 7.P 1 b - DefinItIons
Section 7.P 1 e - Maximum Structure Height
[ThIS area left IntentIonally blank]
QUANfUM PARK PID - CODE REVIEW REQUEST
January 2005
F'\Quantum LtmitedWOPC15 CODE REVIEW Bldg HtlCODE REVIEW-Rv3.doc
Page 3 of4
PROPOSED ZONING TEXT CHANGES
ReVIse SectIon 7 .H.14 - Maximum BuIldIng HeIght, as follows
Section 7.H.14 - Maximum Building Height. No building or
appurtenances thereof within the PID zoning district shall exceed
forty-five (45) feet in height, with the exception of buildings in a
Mixed Use POD pursuant to Section 7.P.I.e.1).
Renumber and revIse SectIon 7.P 1 e - Maximum Structure Height, as
follows
Section 7.P.I.e.1) Maximum Building Height. The maximum
building height within a Mixed Use Pod shall not be greater than
five (5) stories and shall be below the Florida Building Code
thresholds for a high-rise classification.
Two (2) new subsections are proposed, as follows
Section 7.P. I. e.2). Building Height Measurement. Building height
shall be measured from the lowest finish floor slab elevation of the
proposed building to the peak of the structure, including any
architectural details, stairwells, elevator shafts etc.
Section7.P.I.e.3). Height Setback Envelop. Minimum building
setbacks shall be based on building heights for buildings greater
than 45 feet in height. The height setback envelope is applicable
where the Mixed Use development is adjacent to an existing
developed single-family residential zoning district outside the PID.
This minimum setback shall be three (3) times the building height
for any multifamily or nonresidential structure. The set back shall
be measuredfrom the common boundary of the PID and the
existing single-family residential zoning district or the midpoint of
any intervening right-of-way.
QUANTUM PARK PID - CODE REVIEW REQUEST
January 2005
P'IQuantum UmitedWOPClS CODE REYlEW Bldg HtlCODE REVlEW.lM.doc
Page 4 of4
t:^rUH 1. -
\ h\~\' \\\f
h ,"\\',t,
, · \ \ ' J \ \ i ~~
H 'II \1 \ \\\
., 1 1 \,!i
\ U \ \ \ ,~
t ~ \ l \ \i
~ ~ \ \
\ ~
~
---
-----....--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
ORDINANCE NO 05-
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 Pie. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY -FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE, PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICA TION
AND AN EFFECTIVE DATE.
WHEREAS, the CIty'S PID Land Development RegulatIOns Inmt bUIldmg heIght to
forty-five (45) feet; and
WHEREAS, the CIty CormmssIOn has consIdered recommendatIOns from CIty staff
that buildmgs m PID mIXed use PODS be permItted to a heIght of seventy-five (75) feet
subject to condItional use revIew/approval,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT
Section 1.
Each Whereas clause set forth above IS true and correct and herem
mcorporated by thIS reference.
SectIOn 2.
That Chapter 2 SectIOn 7 H. 14 of the LDR IS hereby amended by as
follows
14 Maxnnum Building HeIght. No bUIldmg or appurtenances thereof
withm the PID ZOnIng dlstnct shall exceed forty-five (45) feet m heIght,
WIth the exceptIOn o[bUIldmgs m a MIxed Use POD pursuant to SectIOn
7.P.l.e.1.
Section 7.P .1.e MaXlml:lm Structure Height. MeeRaFlleal eql:llpmeFlt v,'RleR
exclUSively serves the structl:lre sRall not be meluded m the caloulatlOn ofhetgRt.
e.l MaXImum BUIldmg Height. The maXimum bUIldmg heIght wlthm a
MIxed Use Pod shall not be greater than five (5) stones and shall be below the Flonda
BUIldmg Code thresholds [Dr a hIgh nse classificatIOn.75 feet. Anv bUlldmg
exceedmg 45 feet 111 heIght shall be processed as a conditIOnal use.
C.\Documents and Settin~s\greeneq.ClTY\Local Settings\Temoorarv Internet Files\OLK I E\Ouantum Park
Height.doc~:'.C.\\DraiRaRees'.PlaRRiRg'.CeRElitieRal Use :\lfieRalfieRt M I Q111 Q).aee
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Section 3.
That Chapter 2 SectIOn 7 PIe of the LDR IS hereby amended by
creatmg new sections as follows
e.2. BUlldmg HeIght Measurement. BUIldmg heIght shall be measured
from the lowest fimsh floor slab elevatIOn of the proposed bUlldmg to the peak
of the structure, mcludmg any archItectural detaIls, stairwells, elevator shafts,
etc.
e.3. HeIght Setback Envelop. MmImum bUlldmg setbacks shall be based
on bUIldmg heIghts for bUIldmgs greater than forty-five (45) feet m heIght.
The heIght setback envelop IS applIcable where the MIxed Use development IS
adJacent to an eXIstmg developed smgle-famIly resIdential zonmg dIstnct
outsIde the PID. ThIS mImmum setback shall be three (3) times the bUIldmg
heIght for any multIfamIly or nonreSIdentIal structure. The setback shall be
measured from the common boundary of the PID and the eXIstmg smgle-
famIly resIdential zonmg dIstnct of the mIdpomt of any mtervenmg nght-of-
way.
SectIon 4.
Each and every other prOVlSlon of Chapter 2, Section 7 of the Land
Development RegulatIOns, not herem specIfically amended shall remam m full force and
effect as prevIously enacted.
SectIon 5. All ordmances or parts of ordmances m conflIct herewith be and the
same are hereby repealed.
SectIOn 6. Should any sectIon or proVISIon of thIS ordmance or portIOn hereof,
any paragraph, sentence or word be declared by a court of competent JunsdIctIOn to be
InvalId, such deCISIon shall not affect the remamder OfthIS ordmance
SectIOn 7.
Section 8.
Authonty IS hereby granted to COdIfy Said ordmance.
ThIS ordmance shall become effectIve lITllnedIately upon passage
FIRST READING thIS _ day of
2005
SECOND, FINAL READING AND PASSAGE thIS
day of
2005
CITY OF BOYNTON BEACH, FLORIDA
Mayor
VICe Mayor
CommiSSIOner
C.\Documents and Settings\greeneq.C1TY\Local Settings\Temporarv Internet Files\OLKIE\Ouantum Park
Hei~ht.docS:\CA\Of8iRBRees\PlttARiRg\C9R8itieRBI Use f.ffieR8ffieRt M I IH 1195.896
-'
1
2
3
4
5
6
7
8
9
10
11
12
ATTEST
COlmmSSlOner
CIty Clerk
ConumSSlOner
(CORPORATE SEAL)
C:\Documents and Settings\greeneq.CITY\Local Settings\Temoorarv Internet Files\OLKIE\Ouantum Park
Height.docS:'.C.'\\OraiR8Rees\PlaRRiRg\CeRaitieR81 Use f.meR8mi!Rt M I 9411 g).Elee
..
Development staff response to issues related to Code Review CORY 05-006
April 5, 2005
1. Definition of five-story building -- without a companion height limitation, how high
theoretically can the building be? There is nothing in the staff report to indicate how high
a five-story building would be. Assuming a 12' ceiling height, a five-story building,
exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the
maximum building height by right is 55 feet. The petitioner in this instance has requested
authorization of "five-story buildings" as opposed to the underlying PID allowance of
buildings having a maximum height of 45 feet. Further, the SMU code as referenced in the
staff report does allow for increased height of buildings in the SMU district between 55 feet
and 75 feet subject to special review and setback regulations. In summary, I am concerned
that the petitioner's request for authorization of a five-story building lacks specificity and
will result in interpretive problems for the staff and Commission. The building height
should be expressed in feet not stories. That said the visual impact of five-story buildings
along Gateway must be addressed by staff. This was not done in the staff report.
The Staff Report Summary recommends revising Section 7 P 1 e of the Planned
Industrial District (PID) regulations to read as follows
Section 7.P. t.e - Maximum Buildina Heiaht. The Mixed Use oods within the PID shall
allow for a heiaht of fiftv-five (55) feet for mixed use and residential buildinas. Buildina
heiahts between fiftv-five (55) feet and a maximum of seventv-five (75) feet shall be
orocessed as a Conditional Use. No exceotions to the maximum heiaht shall be
allowed.
Staff does not consider the 10 foot difference, between the currently allowed 45 foot
height to the midpoint of a pitched roof with the possibility of being granted an
undetermined height exception and the maximum 55 foot height to the top of a roof with
no exceptions, to be significant. The 75-foot height limit can only be achieved by going
through the conditional use process. As a result staff does not consider the visual
impact along Gateway to differ significantly from what can be built now
2. What does "shall fall below the Florida Building Code thresholds for a high-rise
classification" mean? This is not explained in the staff report. If this is an exception to any
fire code provisions, the FD may have objections to the proposed language. Will the new
high-rise regulations to our fire code apply to the PID? The staff report needs to address
this matter
This statement should more correctly reference Ordinance No 04-005 which amended
Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which
defines "High Rise" as six stories or 75 feet.
3 The staff report recommends deploying the set-back provisions of the SMU in the
Quantum PID - however, as noted above, this may be a moot point as there is no
contiguous single family property for vacant lots, I believe. The only area which I saw
adjacent to single-family is the MU lots 23-31, which have been developed. As land use
policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that
the SMU designation is a special case with limitations
The only existina single family is Dos Lagos adjacent to lots 23 -31 However, it is
possible that future single-family adjacencies could occur at parcels 83, 87 and 88 The
recommendation by staff is based on a vision for the future, which would allow
intensification, by height based on subsequent and required NOPC applications and/or
substantial deviations to the DRI To add additional units or square footage above the
current threshold of the DRI, formal applications would be required and reviewed
accordingly Rather than creating a new system, based on the similarities in location
and use with the SMU, the general components of the SMU were applied
4. I did not see any language that would seek to evaluate the SMU provisions for usable
open space at the Quantum PID Your staff needs to address whether such requirements
are appropriate or beneficial to the MU area of Quantum PID. This is an important and
integral element of balancing increased height and density How would and should the SMU
Building and Site Regulations apply to the Quantum Site? I ask this because it appears that
the staff report only addressed setback requirements associated with higher buildings.
The Quantum Park PID has it's own open space requirements which it had originally
met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer,
right-of-way plantings, and multiple retention ponds with littoral plantings The subject
and preceding NOPC amendments have not represented intensifications of the
DRI/Master Plan, but a shifting of uses under the maximum thresholds The additional
height allowed should not be viewed as an intensification but as a vertical use of
capacity Therefore, this should not necessarily be viewed as the opportunity to apply
more restrictions disproportional to the request.
5. What is the basis for the developer's desire to increase the DU's by 105 units? What is
the hardship imposed that would allow such an increase in density? The only item I could
see in the developer's presentation package is that the topography of the area is low (See
page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the
final number and distribution of residential units in the area depicted as Exhibit B to the
staff report? What is the density for the proposal?
The question as to the basis for the developer's desire to increase DU's by 105 units
would appear to be academic in light of the City Commission's Approval of Ordinance
No 05-013 on February, 152005, which approved the NOPC allowing the additional 105
dwelling units The DRI application does not state any hardship, nor is the applicant
required to provide that type of justification. From day one, when residential units were
initially allowed into the PID via the prerequisite amendments, residential units have
been allowed consistent with the Comprehensive Plan subject only to a FAR and not a
density limit.
.1
6. What impact will this petition have, if granted, on the Mixed Use designated parcels in
the Quantum PID? Based on what has been constructed and what is vacant in these areas,
what can we expect? Also, could the commercial/office area on the north side of Gateway
(Lots 83-88) be converted to residential, or has the development of these parcels been
assured as non-residential?
More residential development on Lots 83-88 could occur but would likely trigger a formal
process to amend the master site plan for that mixed-use pod A certain level of
additional units, if vertical or well integrated would be generally supported by staff
Ir.,l~\_"""'..I"r/
\((/
~I
\-,
\'"
:)(9-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
~ April 5,2005 March 14,2005 (Noon.) 0 June 7 2005 May 16, 2005 (Noon)
r j April 19, 2005 April4 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17 2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM Public Hearing Legal
I
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION Please place this request on the April 5, 2005 City Commission Agenda under
Consent Agenda The Planning and Development Board recommended that staff's
re\;onnnendal1uns regarding the subject ~t:quest be approved on March 22,2005 For further details pertaining to the request,
see attached Department of Development Memorandum No. PZ 05-040
EXPLANATION
PROJECf
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park MU Height (CDR'
Eugene Gerlica, P.E., Quantum GrOl
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land De,
building height from 45 feet to 5 sto
Industrial District (PID) regulations.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Lil ~l O~
~~~
Cdj ~/ ~
~/~
~~
~ c-r;~-i
~~
r~r~
City Manager's Signature
~
Planning and Zoning D' ctor City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\SPECPROJ\C REVIEW\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRY 05-006 4-
19-Q5.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
MINUTES OF THE REGULAR MEETING OF THE PLANNING &.
DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 22, 2005 AT
6.30P.M.
Present:
Lee Wische, Chairman
Sergio Casaine, Vice Chair
William Cwynar
Woodrow Hay
Shirley Jaskiewicz
Roger G Saberson
Gerald Broening, non-voting Alternate
Mike Fitzpatrick, Alternate
Ed Breese, Principal Planner
Eric Johnson, Planner
Absent:
Absent:
Jose Rodriguez
David Tolces, Assistant City
Attorney
1 Call to Order and Pledge of Allegiance
Chairman Wische called the meeting to order at 6 32 P m and the Pledge of
Allegiance to the Flag was recited
Chairman Wische announced that David Tolces, Assistant City Attorney was
absent.
2. Introduction of Board
Chairman Wische decided to proceed without introduction of the Board
3. Agenda Approval
Motion
Mr Hay moved that one more board member was needed and Mr Wische stated
that Gerald Broening, non-voting Alternate would become a regular until the
regular arrives. Motion seconded by Mr Saberson and unanimously carried
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
4. Approval of Minutes
Motion
Mr Hay moved to approve the minutes. Motion seconded by Mr Saberson and
unanimously carried
Mr Saberson administered the oath to all persons who would be testifying
5. Communications and Announcements
A. Planning and Zoning Report
1 Final disposition of the February 22, 2005 Planning and
Development Board meeting Agenda items.
Ed Breese, Principal Planner, reported on the actions taken by the City
Commission at their meeting on March 1, 2005 of the Board He stated the
following items were approved
. The Neptune Commerce Center request for New Site Plan for a
16,482 square foot industrial building on a 0 969-acre parcel in
a M-1 zoning district.
. Verizon Wireless at Boynton Space Plus request for conditional
use to allow construction of a 135-foot high telecommunication
tower on a 2,000 square foot leased parcel on the site of the
Boynton Space Plus Storage Center
. Live/Work Code Review in SMU Request for an amendment to
the Land Development Regulations, Chapter 2 Zoning, Section
6 H Suburban Mixed Use zoning district to allow Live/Work
units as a permissible use.
. Boynton Beach Mall NOPC #5 Request for Master Plan
Modification approval for the conversion of 90,010 square feet
of existing leasable retail space to a 79,500 square foot multi-
screen movie theatre with 3,650 seats.
. Boynton Beach Mall NOPC #5 Request for Development of
Regional Impact Amendment for the conversion of 90,010
square feet of existing leasable retail space to a 79,500 square
foot multi-screen movie theatre with 3,650 seats.
6. Old Business:
None
2
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Description Request for Height Exception approval of 19 feet-six
(6) inches to allow decorative rooftop statues at a
height of 64 feet-six (6) inches in lieu of the
maximum of 45-feet allowed in the C-3 zoning
district.
Chairman Wische stated that there was only one staff comment and Mr
Marsicano agreed with the staff comment.
Chairman Wische opened the public hearing Since no one wished to speakl the
public hearing was closed
Motion
Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19
feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six
(6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district.
Mr Hay seconded the motion that passed unanimously
D Code Review
1
Project:
Agent:
Owner
Location
Description
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlical PE.l Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development
Regulations to increase the allowable building height
from 45 feet to 5 stories in Mined Use (MU) PODs of
the Planned Industrial District (PID) regulations.
Chairman Wische stated that Staff approved it with slight recommendations to
the Planned Industrial District regulations.
David Norris, 712 US Highway 11 attorney for the applicantl assumed the
podium and stated that they accept the staff recommendations.
Ed Bressel Principal Planner stated that the City Manager requested that Staff
recommend that the item be tabled so he can have more time to review the
information submitted
Chairman Wische stated it was not on the agenda to tablel and he was only
interested in whether the request was approved
7
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Mr Saberson moved to table the request for one month until the next Planning
and Development meeting Ms. Jaskiewicz seconded the motion
Chairman Wische objected to tabling and stated the item was already held back
from the February meeting Mr Breese informed the Board that the City
Manager had been ill and has not had a lot to time to spend on those types of
Items.
Vice Chair Casaine stated he did not believe that enough reason had been
presented to table the item He stated that motions must be presented in an
order, and you have to give the opportunity for it to be presented to the public
and the Board for discussion before a motion can be presented
Mr Hay stated that based on the City Manager's illness he felt the City Manager
should have the opportunity to review the item
Mr Nora pointed out that the item was originally part of the request for NOPC
#15, and staff requested them to remove it from that request so that they would
have more time to review They gave staff the additional month and a half to
review the item, which Staff gave their recommendation that they agree with He
did not think it was fair for them to ask for more time at the last minute He
stated that it is a big project and every request is time sensitive
Mr Broening pointed out that after the Board makes its recommendations that
the item then goes to the City Commission for approval, which will provide
sufficient time for any further review that may be necessary
Mr Breese pointed out that Mr Nora stated Staff asked them to remove the item
from the NOPC #15 to give them more time to review, and that was not a
factual statement. He stated that it is not a part of the NOPC and is not
something that is reviewed by the State. He stated that they did ask him to
remove the item because it would not be appropriate to deal with it within an
NOPC and suggested they move it to tonight's meeting
Vote
The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr Cwynar, Mr
Hay, Mr Broening dissenting)
8
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Vice Chair Sergio moved that the request to amend the Land Development
Regulations to increase the allowable building height from 45 feet to 5 stories in
Mixed Use (MU) PODs of the Planned Industrial District (PID) request and
following staff's recommendations be approved Motion seconded by Mr
Cwynar
Vote
The motion carried 5-2 (Mr Saberson and Ms Jaskiewicz dissenting)
8. Other
None
9 Comments by members
Mr Hay inquired if it was okay for them to have the meeting without an Attorney
present. Mr Breese responded that Staff was told that it would not be a
problem running the meeting without the Attorney present.
Mr Fitzpatrick, Alternate, inquired from Staff about a list of questions he had
given out to Staff two months ago and has not had any reply Mr Breese stated
that he was not sure what those requests were, that they were not directed to
him, but he will find out.
10. Adjournment
There being no further business, the meeting properly adjourned at 7 19p m
Respectfully submitted,
Catherine Wharton
Recording Secretary
(March 24, 2005)
9