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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 . sc"'- "~:.I ; (' ./ \ i - " I' \ c \' . :)\ \ ,I- .>" ,//.;. > I o".,->-:,~ '-,- www,boynton-beach.org 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. ,.......-~..- ----- I ('11 LL : l-' I r---..-...- i < I' n " , q i, I FFU",,.. I ,'~, uU .-~ t.., ~~ ,. \.' ,-' established by substantial competent evidence a basis for the re ef r~uestcd rU'I\.,PP'r :, ("10 Dr' 'c (' 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 III I d I Ii ~-~ '~~ ,~=---~ , I' 'I ) i ~ W ~\ :1 --- --<<. ( Of /-1 I 1 I I I , I 1 t i j I i J.R I ~__. ----1 ! I, ,- ! --1 i 1 I / I I I . 1-. -..---\- -.-------.-- -... r. ---- ---l" H /\~ ;=]\ / \ .",-' , / \ V' .:.... \ ./ \...~ A /" \ \---j\('" r \ VA.:\. ~ \ V'\.K>. . :llTI 1_ I~ill I. ~ \ \~ /" WEB -\ ~fB 1- ,\ m mi. . ''1. WID_ I' ~. . .. -.- ---=-=:; I l \ i L~---) , -- ' ~7 -----"1 i ! ; f I I- i ! \ \ \ '--\ :--.-..~- 7--- 't..1t j ; -i\ f i t------f I I , I I f I l ! \ I ~~ - ' \ \ \ "j I CJ ------- EXHIBIT A j i i ! 1 -iG.. __f--~---_J 1------ r i' I . --i i .h-- -11 , I I i J-- J-c' ! i ! ~'~ II Ei ,'<:---.. if ,-' , l~~1 I ! E " r ! I Ij / ~', I J-.J;' fL- i , i i i i i i I I i I i j -' i I I i -~ t I ' 1/ i o tit .. .+. "" ',1. ..no - J i i " ~ i,',' u Ii R I J I , .. , I I If,' r .'1 ,:iill,. ! ,I.! J II i l~ III if l ! ,- ii · ~ I J I ~~ I ~ I I II~ 'i i il ; ~ EXHI. B EXISTING MASTER PLAN if _m A'IOIUE ~ . i j t;:O ~rJ hl~ !~ie d~~ !~~~ .. f 2~ ~ i ~ ~ ~ 0.11 . ~ . a . Hip ~ ~. <! , I " .. . i i ~ ~iI~ ii~~;~ggO~~e I "'CI~~gg OCl--~ ~ I I "Q ~ n ~liiti -~ ~ 'h~ I ~ ~ ~ lil ~ : ~51UIIIII llilil J1ilJ l oli'll i Q ~ II ~~,.,p",j:i.;;;G~g ~ i I ~~ ~ .. ., 8l:l8 lJCilS~1 ;;; ii 8 8 U~~IIU8~1 i ~5 51 '. "I !f 1_ ~ ~ C! I' I ~ f i ~ J I II I i I .4\ l. - I ! Lal .. .1 J fll~ .. tis ! ilJ!. " . a . ~i!~ f !~ i ';j'it;1 h,' m.llI .... 'II' III Iii IIII II t Jill i :! ~ ! i lit I g II I I' II~: I I ;- i : 'i ! e I )1 ! ~ EXF 'T C PROPOSED MASTER PLAN , - II !f COIllIlbI AWJM HIU I , gE I .. ~ I i ~ a ;rt~ i~i~Q~QQO"Z~ i "~QQQ O"--~ "'2 dC::.:n .~~. I I ~ ~n ~ ~ n ~" K: _~ K: :l",<<J!,,~ : ~iamuu & ;~i R~"~ tuyi I , i ~IiW ' I !It I .. ~ ~l:I. -,:....- ~ ~ ,:~ ~ !!: !"~"""~ "'~=-'''' f ;: ~ gU~8~ ill it: E ~ i n I. I I UilliaUil8 ~ 55 I' 'I I !~ 1- , .... ~I ~ .. I ' I ~ ~ i 'I ~i l I I I .J,~ 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 '~'f_ :-..:; ^>,. -< '! .' (J J 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 '~\., ~(:~/" ~\.\ \. \. : '~ - ,>, ..~ /:.C, ~, ... . . , ;/v , t-:: ,J \-, 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 '~.\ '._mO':''''... [/ ~ \.~ :\~?-;~:J<'<':~ 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 ~\. ~_'2i''''! (. ':- \ \ J---- -I" I ' . ..;.' ' /,' t. ~':"--- ...--< -.,>-. i () ,j ~} 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 Page I 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; Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 Page 3 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 17 18 19 20 21 22 23 24 25 26 27 28 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), Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 25 26 27 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 30 31 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. Page 5 1 7 The amendments proposed by the Master Developer do not create any addItIOnal 2 3 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 5 6 7 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 Page 6 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 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 ,2006 CITY OF BOYNTON BEACH, FLORIDA - 7.kf L L-- r ~ CommISSIOner Quantum DRI Amd NOPC 16 doc Page 7