LEGAL APPROVAL
The City of BoynlJn Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E, Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX, 561 742-6259
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August 22, 2006
Mr Eugene Gerlica
2500 Quantum Lakes Drive - Ste 101
Boynton Beach, FL 33415
Re
FileNo
Location
Quantum Park DRI NOPC #16
MPMD 06-003/DRIA 06-001
West side of Interstate 95 between Miner Road and the
Boynton C-16 Canal
Dear Mr Gerlica
Enclosed is a copy of Ordinance 06-075 and the Development Order granted by the
City Commission on August 15, 2006, which represents approval of the Master Plan
Modification to allow an increase in the maximum number of dwelling units by 800,
change the Master Plan designation of Lots 17, 52, and 58 to Mixed Use (MU), create
Lots 102 and 103 and designate each MU and eliminate Notes #3 and #4 from the
Master Plan
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 742-6260
Sincerely,
WL
Michael W Rumpf
Director of Planning & Zoning
Enclosure - Ord 06-075 and Development Order
S:\Planning\SHARED\ WP\PROJECTS\Quantum Park Amendment # 16\Approval Letter.doc
DEVELOPME~ ORDER OF THE CITY COMMISS,..qN OF THE
CI OF BOYNTON BEACH, FLORID~
Development
P&Z
Building
Engineering
Occ. LIcense
Deputy City Clerk
Quantum Park DRI NOpe # 16
PROJECT NAME.
APPLICANT'S AGENT Eugene Gerlica
APPLICANT'S ADDRESS. 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, FL 33415
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION' August 15, 2006
TYPE OF RELIEF SOUGHT Request for Master Plan Modification approval to allow an increase in
the maximum number of dwelling units by 800, change in Master Plan
designation of Lots 17, 52, & 58 to Mixed Use (MU), creation of Lots
102 & 103 and designate each (MU) and eliminate Notes #3 & #4 from
the Master Plan.
LOCATION OF PROPERTY West side of Interstate 1-95, between Miner Road and the Boynton
(C-16) Canal
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows'
1
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations
2.
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established by substantial competent evidence a basis for the re ef r~uestcd
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The conditions for development requested by the Applicant, administrative staff~of
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "e" with notation "Included"
The Applicant
/HAS
HAS NOT
3
4
The Applicant's application for relief is hereby
/GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5
This Order shall take effect immediately upon issuance by the City Clerk.
6
All further development on the property shall be made in accordance with the terms
and conditions of this order
7
Other
DATED- $-/8-ob ~ 'jJ) p~
U-- City Clerk
S:\Planning\SHARED\WP'PROJECTS\Quantum Park Amendment #16\DO,doc
....,
EXHIBIT "F"
-
Condloons of Approval
Project name' Quantum Park NOPC #16
File number DRIA 06-001/MPMD 06-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments. None X
PUBLIC WORKS- Traffic
Comments:
1 Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
2. City Engmeenng staff agrees WIth the concurrency requirements of the X
Palm Beach County Traffic DIVISIon. FUrthermore, the request by the
Florida Department of TransportatIon shares components WIth County
requirements. Therefore, Staff recommends that the applIcant comply
with the requests of both the Palm Beach County Traffic DIVISIon m
its letter dated June 13, 2006 to Mike Rumpf and of the Flonda
Department of TransportatIon m a letter dated June 26, 2006 to
Eugene Gerhca, applIcant. The applIcant must Identify a strategy to
mitigate any IdentIfied traffic problems, and prOVIde surety to the CIty
for any necessary Improvements at the mtersectIons of Quantum
Boulevard with Gateway Boulevard and Quantum Boulevard with
Congress Avenue, pnor to City approval of NOPC #16. The
applIcant has chosen to not provide the mformation necessary to
enable staff to make a qualIfied statement regarding dIspositIon of
NOPC #16 Therefore, the Engmeenng staff recommends demal of
NOPC #16
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments. None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
3 The ehmmatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of X
Gateway Boulevard, will reqUIre formal abandonment by the City, for WhICh
applIcatIOns need to be filed and approved.
4 If the City CommissIOn supports and approves thIS NOPC request, staff X
recommends that the approval exclude the dwelhng umts intended for a
potentIal Tn-Rail/TaD project (conceptualIzed as 500 umts) from thIS
applicatIon and that they be combmed WIth the subsequent NOPC request
reqUIred as a pre-requisite to a TaD project on thIS parcel.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
6 The developer and/or occupants of Quantum Park shall proVIde a traffic X
signal, if warranted, at the Quantum Boulevard - Congress A venue and
Gateway Boulevard - Quantum Boulevard mtersectIons.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
7 None X
S'\Planning\Planning Templates\Condition of Approval 2 page revised 2003 form.doc
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DB B1JSH
GOVERNOR
,
Florida Department of Transportation
PLANNING AND ENVIRONMENTAL MANAGEMENT DISTRICT 4
3400 West Commercial Blvd., Ft. Lauderdale, FL 33309.342l
Telephone (954) 777.4601 Fox (954) 777.4671
To/l Free Number: 1.866.336.8435
June 26, 2006
Mr Michael J Busha, AICP
Executive Director
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, FL 34994
Dear Mr Busha:
SUBJECT
Quantum Park Development of Regional Impact (DR!)
City of Boynton Beach, Palm Beach County
Notification of Proposed Change (NOPC) No. 16
EXHIBIT 0
DENVER J. ST1JTLER, JR.
SECRETARY
ReCEIVED
JUN 1. 8 1005
THEiASUR~ COAST
JlEGIONAl PLANNING COUNCIL
As requested in your letter dated May 25, 2006, the Department has reviewed the Quantum Park DRI NOPC No. 16.
The Quantum Park DRI is located north of the C-16 Canal, south ofHypoluxo Road, west of Interstate 95, and east of
Congress Avenue in the City of Boynton Beach. The DR! was originally approved on December 18, 1984 as a
mixed-use development. The current buildout date for the DR! is December 18, 2014 The following table
summarizes the DRI's approved land uses and intensities to date:
Approved Development
Land Use Original DO As of 15th
Amended DO
(1984) (211512005)
Industrial 4,183,750 sf 1,700,000 sf
Retail 300.000 sf 469.450 sf
Office 1,969,500 sf 797,900 sf
Hotel 200 rooms 200 rooms
Multi Family Residential NA 1,105 du
Warehouse NA 22,700 sf
High School NA 2,500 students
Auto Dealership NA 53.072 sf
Movie Theater NA 4,000 seats
Restaurant- Hi2h Turover NA 28,400 sf
Restaurant - OtIAlirv NA 69.250 sf
Convenience StoreIGas NA 3.054 sf
Ice Skating Rink NA 93,430 sf
WW'N.dot.state.fl.us
. RECVWO PAPER
Mr Michael J Busha
1une 26t 2006
Page 2
,..
~
\
In this NOpe, the applicant proposes the following changes:
1 Increase the maximum number of residential units within the Mixed Use area from the currently approved
1, I 05 units to 1,905 unitst an increase of 800 dwelling units.
2. Re-designate lots 17,52,58, and 103 from their currently approved land uses to Mixed Use. Lots 17 and 52
are currently approved for OfficelIndustrial wtRetail Sales. Lot 58 is currently designated as
Office/Industrial. No description was provided for Lot 103
3 Revise Notes on the Master Site Development Plan by removing Notes 3 and 4, as shown in the previous
Development Order (DO) Number 15 Note 3 addressed the Total Vested Trips for the DR!. Note 4 stated
that the building height for Mixed Use areas was not to exceed 60 feet.
Note 3 was reported to have incorrectly stated the Total Vested trips as 63,752 ADT The trip threshold
calculated in support of Amendment No. 15t on December I, 2005, was stated to be 65,069 ADT
4 Abandon the remaining portions of Quantum Lakes Drive and Quantum Boulevard roadways located south
of Gateway Boulevard, and convert them to Lots i 02 and 103 Change the land use designation of Lots 102
and 103 to Mixed Use.
The applicant has included a trip generation comparison analysis between the original (ADA) and proposed land uses
for the Quantum Park DRI. The results of a trip generation comparison indicated that the proposed dcvelopmentplan
would generate 1,138 fewer AM peak-hour trips and 856 fewer PM peak-hour trips than the original development
plan.
In conclusion, we have no objection to this NOpe. However, a review of the 2005/2006 Annual Report reveals that
the applicant has not submitted traffic signal warrant studies for the intersections of Quantum Boulevard with
Gateway Boulevard and Congress Avenue, as required by Ordinance No. 0 1-54 We recommend that the applicant
comply with this Development Order condition.
Please feel free to contact this office at (954) 777-4601 should you have any questions.
Sincerely,
--4
GS:mmlcw
cc: D Ray Eubanks - Community Program Administrator, FDCA
Bob Romig - Director, Office of Policy Planning, FDOT
Gerry O'Reilly - Director of Transportation Development, FOOT
John Krane - Transportation Planning Engineer, FOOT
Chon Wong - Senior Transportation Specialist, FDOT
8:'1OPBM\SYS'J1IM P1ANNJNO\04DlU\QUANI'UMINOPCI6B.DOC
.
,
\~
Department of Enlfmeerlng
and Public Works
p.o. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of Co1IDtf
Conunlulollen
1bny Masilotti. Chairman
Addie L Greene. Vice Chairperson
Karen T. Marcus
Jeff Roons
~ H. Newell
Mary McCarty
Burt Aaronson
County Mmllllstrator
Robert Weisman
-An EqrW Oppommtty
~kdonBmployer.
@ pttrIH on 1'Wi)'d<<I,..,
June 13, 200&
Mr Michael W Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
PO Box310
Boynton Beach, Fl 34425-0310
RE. Quantum Park - NOPC #16
TRAFFIC PERFORMANCE STANDARDS REVIEW
EXHIBIT E
Dear Mr Rumpf:
The Palm Beach County Traffic Division has reviewed the Notification of Proposed
Changes to the previously approved project entitled Quantum Park, pursuant to the
Traffic Performance Standards in Article 12 of the Palm Beach County land
Development Code. The project is summarized as follows:
Municipality.
Quantum Park - North of Gateway Boulevard, west of High Ridge
Road
Boynton Beach
Location:
Approved:
. Industrial
. Retail
. Office
. Hotel
4 183,750 SF
300,000 SF
1,969 500 SF
200 Rooms
Latest Approval - NOPC 15:
Industrial
Retail
Office
Warehouse
Hotel
High School
Auto Dealership
Restaurant - HT
Restaurant - Quality
Convenience Store/Gas
Multi Family Residential
Fire Station
Police Station
Park & Ride Facility
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Rooms
2500 Students
53,072 SF
28,400 SF
69,250 SF
3,054 SF
1,105 Dwellings
5,500 SF
150 Employees
-
Latest Approval - NOPC 15.
.
Industrial
Retail
Office
Warehouse
Hotel
High School
Auto Dealership
Restaurant - HT
Restaurant - Quality
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Rooms
2500 Students
53,072 SF
28,400 SF
69,250 SF
.
.
I{OJ II & II 0 W II fii}
11/J! JII, 6 2IDJ ~I
DEPARTMENT OF OEVElOPMENl
.
'W'
,.
Page - 2
.
Convenience Store/Gas
Multi Family Residential
Fire Station
Police Station
Park & Ride Facility
3,054 SF
1,905 Dwellings (800 Additional Units)
5,500 SF
150 Employees
.
.
New Dally Trips
New AM PH Trips.
New PM PH Trips
N/A - Trip Reduction from Original Approval
5,809 - Trip Reduction from Original Approval
7,202 - Trip Reduction from Original Approval
Based on our review, the Traffic Division has the following comments:
. Provide a copy of the latest version of the spreadsheet illustrating all portions of
the project which have been built and in place.
. Provide a comparison of Daily trip generations under the 'proposed NOPC #16"
and .Previously Approved" scenarios.
. Provide and AM and PM peak hour analysis for the following project access
intersections, identify problems and introduce mitigations:
o Gateway Boulevard I High Ridge Road
o Gateway Boulevard I Quantum Boulevard
o Gateway Boulevard I Park Ridge Boulevard
o Gateway Boulevard I Congress Avenue
o Quantum Boulevard I Congress Avenue
If you have any questions regarding this determination, please contact me at 684-4030
Sincerely
OFFICE OF T.HE COUNTY ENGINEER
/7/).
Masoud Atefi, M
Project Reviewe
cc: Pinder Troutman Consulting Inc.
File, General- TPS - Mun - Traffic Study Review
F'\TRAFFIC\ma\Admin\Comments\060537.doc
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Rorida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
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August 18, 2006
www.boynton-beach.org
Ms. Valene Hubbard, DIrector
Growth Management AdmImstrator
State ofFlonda Department of Commumty AffaIrs
DIVIsIon of Commumty PlannIng
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
RE.
For
File No
LocatIOn.
Quantum Park NOPC #16
Request for Amendment of Quantum Park DR!
DRIA 06-001
West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal
Dear Ms. Hubbard.
Enclosed IS the CIty of Boynton Beach Ordmance #06-075 for DRIA #06-001, whIch represents
approval to allow an Increase In the maxImum number of dwellIng umts allowable WIthIn the areas
deSIgnated for "Mixed Use (MU)" from 1,105 to 1,905 dwellmg umts. The CIty CommIssIon
approved thIS request on August 15,2006
Should you have any questIons regardIng thIs matter, please contact thIs office at (561) 742-6260
SIncerely,
zAL
Michael W Rumpf
DIrector ofPlannmg & Zomng
Enc. OrdInance No 06-075
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561-742-6260
FAX. 561-742-6259
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August 18, 2006
www.boynton-beach.org
Mr Michael Busha, ExecutIve DIrector
Treasure Coast RegIOnal Plannmg Council
301-E Ocean Boulevard #300
Stuart, FI 34994
RE
For
File No
LocatIon.
Dear Mr Busha.
Quantum Park NOPC #16
Request for Amendment of Quantum Park DRI
DRIA 06-001
West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal
Enclosed IS the CIty of Boynton Beach OrdInance #06-075 for DRIA #06-"001, whIch represents
approval to allow an mcrease In the maXImum number of dwellIng umts allowable WIthIn the areas
deSIgnated for "Mixed Use (MU)" from 1,105 to 1,905 dwellmg umts. The CIty CommISSIon
approved thIs request on August 15,2006
Should you have any questIOns regardmg thIS matter, please contact thIS office at (561) 742-6260
SIncerely,
~uZ-
Michael W Rumpf
DIrector of PlannIng & ZOnIng
Enc Ordmance No 06-075
The City ofBoYTlLonBeach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.o. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561-742-6260
FAX. 561 742-6259
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August 18,2006
www.boynton-beach.org
Quantum LImIted Partners, LLC
c/o Mr DavId B Noms, Esq
Cohen, Noms, Scherer, Wemberger & Hams
712 U S Highway One
North Palm Beach, FL 33408
RE
FOT"
File No
LocatIOn.
Dear Mr Noms
Quantum Park NOpe #16
Request for Amendment of Quantum Park DR!
DRIA 06-001
West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal
Enclosed IS the CIty of Boynton Beach Ordmance #06-075 for DRIA #06-001, WhICh represents
approval to allow an mcrease In the maxImum number of dwellIng uruts allowable WIthIn the areas
deSIgnated for "Mixed Use (MU)" from 1,105 to 1,905 dwellIng uruts. The CIty CommISSIon
approved tlns request on August 15,2006
Should you have any questIOns regardmg thIS matter, please contact tlns office at (561) 742-6260
Smcerely,
MX-
Michael W Rumpf
DIrector of Plannmg & Zomng
Enc OrdInance No 06-075
The City of Boyncon Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIV1S0N
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
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August 18, 2006
www.boynton-beach.org
Mr Eugene GerlIca
Quantum Group of CompanIes
2500 Quantum Lake Dnve, SUIte 101
Boynton Beach, Flonda 33426
RE
For
File No
LocatIon.
Dear Mr Noms.
Quantum Park NOPC #16
Request for Amendment of Quantum Park DRI
DRIA 06-001
West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal
Enclosed IS the CIty of Boynton Beach Ordmance #06-075 for DRIA #06-001, whIch represents
approval to allow an mcrease m the maxImum number of dwelhng umts allowable wIthm the areas
deSIgnated for "Mixed Use (MU)" from 1,105 to 1,905 dwelhng unItS. The CIty CommISSIOn
approved thIS request on August 15,2006
Should you have any questIOns regardmg thIs matter, please contact thIS office at (561) 742-6260
SIncerely,
~JC-
Michael W Rumpf
DIrector ofPlannmg & Zomng
Enc OrdInance No 06-075
The City of Boynton Beach
,{eft}
~c~,
\..) ~ ..
City Clerk s Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX. (561) 742-6090
e-mail prainitoj@ci.boynton-beach.fl.us
wwwboynton-beach.org
CERTIFICATION
I, Janet Prainito, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that the attached copy of Ordinance No. 06-075, consisting of
seven (7) pages, is a true and correct copy as it appears in the records of the
City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 16th day of August, 2006.
Yn~
(SEAL)
\certification JP Ordinance.doc
America's Gateway to the Gulfstream
1 ORDINANCE NO 06-075
2 AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
4 ORDINANCE NO 84-51, AS SUBSEQUENTLY
5 AMENDED, OF THE CITY OF BOYNTON BEACH BY
6 ADOPTING AN AMENDMENT TO THE QUANTUM
7 PARK DEVELOPMENT OF REGIONAL IMPACT,
8 KNOWN AS THE QUANTUM PARK DRI
9 DEVELOPMENT ORDER, BY MODIFYING THE
10 MASTER PLAN TO INCREASE THE NUMBER OF
11 DWELLING UNITS PERMITTED UNDER THE
12 DEVELOPMENT ORDER FROM 1105 TO 1905
13 D\VELLING UNITS, PROVIDING FOR A SAVINGS
14 CLAUSE, REPEALING PROVISION, AND PROVIDING
15 AN EFFECTIVE DATE
16
17
18 WHEREAS, Quantum Park of Commerce ("Quantum Park PID") IS a partIally bmlt-
19 ut Development of RegIOnal Impact ("DRI") compnsed of 553 13 acres, zoned Planned
20 ndustnal Development ("PID"), and located on the west SIde of Interstate 95, from Mmer
21 oad extended south to the Boynton C-16 Canal, and
22 WHEREAS, MFT Development, Inc IS requestmg an amendment to the Quantum
23 ark DRI Development Order, adopted by the CIty CommIssIon of the CIty of Boynton Beach
24 ecember 4, 1984 under Ordmance No 84-51, and subsequently amended by Ordmance Nos.
25 6-11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05, 00-02, 01-54, 02-54, 04-77, and
26 5-13 ("Development Order") and
27 WHEREAS, the proposed Amendment, referred to as Amendment # 16 proposed
28 mendmg the Master Plan for Quantum Park to allow an mcrease m the number of dwellIng
29 mts permItted under the Development Order from 1105 to 1905 dwellmg umts on the real
30 roperty located m Palm Beach County Flonda, as more partIcularly described m the attached
31 xhibIt "A", and
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1 WHEREAS, MFT Development, Inc has submItted a NotIce of Proposed Change
2 "NOPC") m accordance wIth the reqUIrements of SectIOn 380 06(19), FlorIda Statutes, saId
3 OPC to be revIewed by the FlorIda Department of Commumty AffaIrs ("DCA"), the
4 reasure Coast RegIOnal Planmng CouncIl ("TCRPC"), and the CIty; and,
5 WHEREAS, the CIty CommISSIon of the CIty of Boynton Beach, FlorIda (heremafter
6 Ity CommIssIOn) the governmg body of the local government havmg JUrISdIctIOn, pursuant
7 0 SectIon 380031 and 38006, FlorIda Statutes, IS authOrIzed and empowered to conSIder
8 OPCs and
9 WHEREAS, the publIc notIce reqUIrements of SectIon 166 041, FlorIda Statues, and
10 ectIOn 38006(7), FlorIda Statutes, have been satIsfied and notIce has been gIven to the
11 epartment of Commumty AffaIrs and the TCRPC, and
12 WHEREAS, thIS CIty CommISSIon has revIewed thIS matter on August I, 2006, and
13 n August 15, 2006, held a duly notIced publIc hearIng on the ApplIcatIOn, and has heard and
14 onsIdered the testImony taken thereat; and
15 WHEREAS, the Treasure Coast RegIOnal Plannmg CouncIl has revIewed the NOPC
16 nd pursuant to the procedures of SectIOn 38006, FlorIda Statutes has determmed that the
17 roposed changes WIll not create addItIonal regIOnal Impacts, and
18 WHEREAS, thIS CIty CommISSIon has receIved and conSIdered the report and
19 ecommendatIOns of the Plannmg and Development Board of the CIty of Boynton Beach, and
20 WHEREAS, thIS CIty CommISSIon has made the followmg FINDINGS OF FACT
21 ND CONCLUSIONS OF LAW WIth regard to the MFT Development, Inc applIcatIOn for
22 n amendment to the Quantum Park DRl Development Order;
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS
SectIOn 1.
The foregomg "Whereas" clauses are true and correct and mcorporated
erem by thIS reference
SectIOn 2. That the CIty CommISSIOn of the CIty of Boynton Beach, FlorIda makes
e follOWIng findmgs of fact regardmg the NotIce of Proposed Change submItted by MFT
evelopment, Inc , the "Master Developer" related to the an amendment to the Quantum Park
evelopment of RegIOnal Impact, prevIOusly approved by Ordmance No 84-51, and
ubsequently amended by Ordmance Nos. 86-11 86-37,88-3,94-10,94-51,96-33,96-65,97-
0,99-05,00-02,01-54,02-54 04-77, and 05-013, and
FINDINGS OF FACT
A The proposed development IS not m an area of CrItIcal state concern
deSIgnated pursuant to the provISIOns of SectIOn 380 05, Flonda Statutes,
B A State ComprehensIve Planmng Document has been recogmzed by the
legIslature as an advIsory polIcy document for the entIre State of FlOrIda, and the
proposed development does not umeasonably mterfere wIth the achIevement of
the objectIve of thIS advIsory polIcy document;
C The proposed amendment to the Development of RegIOnal Impact (DRl)
Development Order WIll be conSIstent WIth the adopted comprehensIve plan for
the CIty of Boynton Beach and IS, or will be, conSIstent WIth the local land
development regulatIOns, subject to condItIons outlmed herem, and Part III, Land
Development RegulatIOns, of the CIty of the Boynton Beach Code of Ordmances;
and
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1
D
The proposed development WIll be consIstent WIth the proposed
2 amendment submItted to and revIewed by the Treasure Coast RegIOnal Planmng
3 CouncIl pursuant to SectIOn 380 06(8), Flonda Statutes
4 CONCLUSIONS OF LAW
5 It IS hereby determmed by the CIty CommIssIon of the CIty of Boynton Beach, Flonda,
6 a publIc meetmg, duly constItuted and assembled thIS 15th day of August, 2006, that the
7 otIce of Proposed Change to the Quantum Park Development of RegIOnal Impact submItted
8 y the Master Developer IS hereby ordered Approved, subject to the proVIsIOns of thIS
9 rdmance and the CondItIOns of Approval attached hereto as ExhibIt "B", and mcorporated
1 0 erem by reference
11 That thIS amended DR! Development Order shall constItute the Development Order of
12 thIS CommIssIon Issued m response to the NotIce of Proposed Change for the
13 Quantum Park DR! filed by the Master Developer
14 2 That the definItIOns found m Chapter 380 Flonda Statutes shall apply to thIS amended
15
DR! Development Order
16 3 That the Development Order shall be amended to modIfy the Master Plan of the
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Quantum Park DR! Development Order, as follows
a.
The Master Plan deSIgnatIOn of the maXImum number of dwellmg UnIts
allowable wIthm the areas deSIgnated for "MIxed Use (MU)"
development shall be mcreased from 1,105 to 1,905 dwellmg UnIts,
b
Of the 800 addItIOnal UnIts approved pursuant to thIS Ordmance, 400
UnIts shall be placed on Lots 17, 52, 58, 102 and 103,
c
The Master Plan deSIgnatIOn of Lots 17 and 52 as OfficelIndustnal and
Industnal WIth RetaIl Sales (01 & IND/R) shall be changed to MIxed
Use (MU),
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d The Master Plan desIgnatIOn of Lot 58 as Office/lndustnal (0/1) shall
be changed to MIxed Use (MU),
e Authonze the creatIOn of Lots 102 and 103 followmg the abandonment
of the remammg portIOn of Quantum Lakes Dnve, and that portIOn of
Quantum Boulevard south of Gateway Boulevard. Once created, Lots
102 and 103 shall be deSIgnated on the Master Plan as MIxed Use
(MU)
f ElImmate Note #3 on the Master Plan IndIcatmg "Total Vested Tnps
for the Project shall remam 63 752 ADT", and adoptmg FDOT accepted
traffic standards,
g ElImInate Note #4 on the Master plan mdIcatmg "BuildIng heIght shall
not exceed 60 feet m MIxed use areas"
4
That thIS amended DRI Development Order shall be bmdmg upon the Master
Developer and ItS aSSIgnees or successors m mterest. It IS understood that any
reference herem to any governmental agency shall be construed to mean any future
mstrumentalIty WhICh may be created and deSIgnated as successor m mterest to, or
WhICh otherwIse possesses any of the powers and dutIes of any referenced
governmental agency m eXIstence on the effectIve date of thIS amended DRI
Development Order
24 5 That m any event that any portIOn of sectIon of thIS amended DRI Development Order
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IS determmed to be mvalId, illegal or unconstItutIonal by a court of competent
JunsdIctIOn, such deCISIon shall m no manner affect the remammg portIOns or sectIOns
of thIS amended DRI Development Order, WhICh shall remam m full force and effect.
29 6 That the approval granted by thIS amended DRI Development Order IS condItIOnal
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Such approval shall not be construed to obvIate the duty of the Master Developer to
comply WIth all other applIcable local or state penmttmg procedures.
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1 7 The amendments proposed by the Master Developer do not create any addItIOnal
2
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Impacts and therefore do not constItute a substantIal deVIatIOn under Chapter 38006,
Flonda Statutes
4 8 Actual development phasmg wIll depend upon economIC CIrcumstances and Master
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Developer s mternal busmess gro\\1h. Any proposed development described m the
NotIce of Proposed Change are for plannmg purposes only and the actual development
schedule may vary therefrom.
8 9 The amended DRI Development Order set forth m SectIon 1 hereof shall become
9 effectIve upon adoptIOn of the ordmance amendmg the maxImum number of dwellIng
10 umts allowable wIthm the areas deSIgnated for 'Mixed Use (MU)" from 1,105 to
11 1 905 dwellmg umts m the Master Plan, provIded such date shall be extended untIl
12 completIOn of appellate procedures, If any, relatmg to the Issuance of thIS amended
13 DRI Development Order
14 10 CopIes of thIS Ordmance mcorporatmg the amended DRI Development Order
15 amendmg the land use desIgnatIOn of the subject property to Development of RegIOnal
16 Impact shall be transmItted ImmedIately by certIfied maIl to the DIvIsIOn of
17 Commumty Plannmg, the Treasure Coast RegIOnal Plannmg CouncIl, and the Master
18 Developer
19 II Except as otherwIse amended herem, the Development Order shall remam m full force
20 and effect.
21
SectIOn 3.
Except as provIded herem, the Master Developer shall proceed m stnct
22 ccordance wIth all ordmances of the CIty of Boynton Beach, mcludmg, but not lImIted to, ItS
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1 Ulldmg, electrIcal, plumbmg, subdIvIsIon, planmng and zomng codes, and all rules and
2 egulatIOns of the State of FlorIda Department of EnVIronmental ProtectIOn.
3
SectIOn 4
That should any sectIOn or provIsIon of thIS Ordmance, or any portIOn
4 ereof be declared by a Court of competent JUrISdIctIOn to be mvalId, such decIsIon shall not
5 ffect the remamder of thIS Ordmance
6
SectIOn 5.
All ordmances or parts of ordmances m conflIct herewIth are hereby
ThIS ordmance shall become effectIve ImmedIately upon ItS passage
9 IRST READING thIS 15t day of August, 2006
ECOND READING and FINAL PASSAGE thIS ~ day of AUGU~
7 epealed.
8
SectIOn 6
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,2006
CITY OF BOYNTON BEACH, FLORIDA
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7.kf L L--
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CommISSIOner
Quantum DRI Amd NOPC 16 doc
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