Loading...
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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I 2006 July 17 2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) ~ August 15,2006 July 31 2006 (Noon) 0 October 17 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14 2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon) 0 September 19 2006 September 5. 2006 (Noon) 0 November 21 2006 November 6, 2006 (Noon) 0 Announcements/PresentatIons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION Please place this request on the August 15, 2006 City Conunission Agenda under Legal, Ordinance - Second Reading to be combined with the corresponding DRIA item The City Conunission, on August 1,2006, continued the item to the next meeting to time this review with second reading of the ordinance for the corresponding NOPC item For further details pertainIng to the request, see attached Department Memorandum No. 06-143 EXPLANATION PROJECT AGENT OWNER: LOCATION DESCRIPTION Quantum Park NOPC #16 (MPMD 06-003) Eugene A. Gerlica, Quantum Group of Companies MFT Development, Inc West side ofI-95 between Miner Road and the Boynton (C-16) Canal Request for Master Plan ModifIcation approval, in part, to allow an increase in the maximum number of dwelling units allowable from 1,105 to 1,905 units and change in designationoflots 17,52,58,102 and 103 to Mixed Use (MU). PROGRAM IMPACT FISCAL IMPACT ALTERNATIVES: City Manager's Signature 2<L) 7-k Planning and Zo~ irector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\Agenda Item Request Quantum Park NOPC #16 MPMD 06-003 8-15-06.dot Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-143 FROM. Chair and Members Planning and Deve.I'SPment Board -,,1 (JV Michael Rumpfl,,\: Planning and Zoning Director Ed Breese ~ Principal Planner TO' THROUGH DATE. SUBJECT July 12, 2006 Quantum Park - DRIA 06-001/MPMD 06-003 Master Plan Amendment #16 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a nearly built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It Is located on the west side of 1-95, between Miner Road extended and the Boynton (C- 16) Canal (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park ORI Development Order (0 0) adopted December 4, 1984 by Ordinance No. 84-51 The original DO has been SUbsequently amended 14 times by Ordinance Nos 86-11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05, 00- 02,01-54,02-54,04-77 and 05-13 The City Commission denied Amendment #11 on February 20, 2001 The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #16 proposes amending the maximum number of dwelling units allowable on parcels designated for Mixed Use (MU) from 1,105 to 1,905 dwelling units in the Master Plan, as well as amending the existing use designations on several lots in the Master Plan. The requested changes are depicted In Exhibit "C"- Proposed Master Plan and described as follows. 1) Change in the Master Plan designation of Lots 17 and 52 from Officellndustrial and Industrial with Retail Sales (01 & IND/R) to Mixed Use (MU), '2) Change In the Master Plan designation of Lot 58 from Officellndustrial (Oil) to Mixed Use (MU), 3) Increasing the maximum number of residential units by 800, from 1,105 to 1,905, 4) Creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard. Providing a Master Plan designation of Mixed Use (MU) for both lots, 5) Elimination of Note #3 on the Master Plan Indicating "Total Vested Trips for the Project shall remain 63,752 ADT", and adopting FOOT accepted traffic standards; Quantum Park - DRIA 06-0L .~PMD 00-003 Memorandum No. PZ 06-143 6) Elimination of Note #4 on the Master Plan Indicating "Bulfdlng height shan not exceed 60 feet in Mixed Use areas", since It Is no longer a valid statement and not appropriate for Incruslon on the Master PJao BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380 06 (19) - Substantial Deviations The applicant has submitted a Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOpe Is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City The DCA and the TCRPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4 3A requires a preliminary review by the Planning and Development Board of an amendment to a DRt Chapter 380 06 F S requires that the local governing body hold a public hearing to review and approve the NOPC The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 38006 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on February 15, 2005. The subject Amendment #16 proposes to amend the maximum number of dwelling units allowable within the areas designated for Mixed Use (MU) in the Master Plan as well as change in use designation on several lots. Therefore the review of the DRI amendment also constitutes a review of the change to the Master Plan for Quantum Park. In addition to State Statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Advisory Review Team (TART) reviewed the Master Plan change,on June 27. 2006 ANAL YSIS Notice of Proposed Chanae (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 38006 (19). In reviewing the statute section staff determined that two (2) of the criteria apply to the proposed change for Quantum Park DR!. This criterion, which Is applicable for review of this proposed change is provided In Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional Impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence" 2 Quantum Park - DRIA 06-0 APMD 06-003 Memorandum No. PZ 06-143 1 Chapter 380.06(19)(b)9., An Increase In the number of dwelling units by 5 percent or 50 dwelling units, whichever Is greater The proposed change entails the addition of 800 residential dwelling units to the1, 1 05 currently approved, for a total of 1,905 dwelling units. The proposed modification exceeds the thresholds outlined above. However, the change also eliminates Industrial potential on Lots 17 and 52. Although the project exceeds the maximum dwelling units for a non-substantial change determination, the Treasure Coast Regional Planning Council, in their review of the proposed amendment and discussions with the Department of Community Affairs, has determined the proposed change could be reviewed under the guidelines of Chapter 380 06(19)(e)5.c., due to the fact that no new or additional regional impacts appear evident as a result of the proposed change. 2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within an authorized multiuse development of regional Impact which was originally approved with more than three uses specified In 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart" The applicant has provided an updated chart. Since Amendment #16 involves changes to land use categories, Including an increase to the Mixed Use (MU) category by 18 58 acres, while commensurately decreasing the Officellndustrial (01) and Officellndustrialllndustrial with Retail sales (01 & Ind/R), the provision appears to be met. Associated with the requested use designation changes, the applicant is also requesting to remove Note #3 on the Master plan stating "Total Vested Trips for the Project shall remain 63,752 ADT" Essentially, that note indicates that the DRI has a vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., has proposed to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic Impact, the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) As such, the traffic consultant estimates a decrease in the number of peak hour trips as a result of this amendment. Conclusion The proposed changes delineated in Amendment #16 are determined not to be a substantial deviation per Chapter 38006 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #1 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR!. There are six (6) major changes proposed. The applicant provided the following descriptive summary of these changes: 3 Quantum Park - DRIA 06-0\ ~PMD 06-QG3 Memorandum No. PZ 06-143 Lots 17 and 52 a.s Acres} These lots are currently designated as "Officellndustrial and Industrial with Retail Safes (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MU)" Lot 58 (4.93 Acres} This lot Is currently designated as Office/Industrial (01) Land Use. The Land Use would be revised to Mixed Use (MU) Increaslna the maximum number of residential units bv 800. from 1.105 to 1.905 The maximum number of allowed dwelling units would be increased to 1,905 on lots designated Mixed Use (MU) on the Master Plan. Creation of Lots 102 and 103 and orovidina a Master Plan desianation of Mixed Use eMU) for both lots The creation of Lots 102 and 103 would occur through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and be designated Mixed Use (MU) Elimination of Note #3 on the Master Plan Indicatina "Total Vested Trios for the Proiect shall remain 63.752 ADT' The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) Elimination of Note #4 on the Master Plan indicatina "Buildina heiaht shall not exceed 60 feet in Mixed Use areas" The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff Indicated that height was not a Master Plan component in their review of NOpe #15 in 2005 The Quantum Park DRI has been amended 14 times over the years, which is not unusual for a DRI of this type The Florida Statute governing the DRI process, Chapter 380 06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, Including changed market conditions" During the review of NOPC #10 in the year 2000, staff expressed opposition to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant Industrial land, especially larger tracts that could accommodate business and Industry that creates jobs, generates substantial property taxes and requires fewer City services, was In short supply At that time, the applicant Indicated that they understood the concerns of the City and that they would limit the amount of residential use to a maximum of 1,000 dwelling units in an effort to address staffs fears of the loss of Industrial land. 4 Quantum Park - DRIA 06-or 1PMD 06-003 Memorandum No. PZ 06-14:' The applicant subsequentty submitted NOPC #15 In 2005 for an additIonal 105 dweUlng unIts. In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already desIgnated as M~xed Use (MU), which did not entail any further conversIon of Industrla~ land Now the applicant has submitted NOPC #16, which proposes to add 800 additional dwelling units, an increase in the maximum allowable from 1,105 to 1,905 units within Quantum Park. Additionally, the request includes the conversion of two (2) more vacant lots with industrial potential (Lots 17 and 52 - a total of 78 acres) to Mixed Use (MU) and the conversion of two (2) roadway tracts to the Mixed Use (MU) designation. This would appear to place staff in the same position it argued back in 2000, opposing any further conversion of industrial potential properties to residentlaf purposes. The proposed change to the Master Plan was analyzed from three perspectives. The first is the potential for creating additional regional or local impacts. The second Is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Finally, the application was reviewed against certain criteria used when analyzing rezoning requests relative to necessity Impacts Reaional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redlstribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that II A traffic study shall be submitted with any future application requesting a change in use designations on any lot. Staff conducted a cursory review of the traffic study during the Technical Advisory Review Team (TART) process Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. The applicant's traffic consultant, Pinder Troutman Consulting, Inc. has, as part of this amendment process, proposed to update the DRI to conform with the accepted criteria (utilized by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Based on the TART review of the Master Plan, including the traffic study, no additional regional Impacts are evident. The consultant notes that the Master Plan adopted in 1997 established the thresholds of development or the maximum square footage for each land use, which could not be exceeded As a result of the proposed change, Peak Hour Trips generated by these land uses depicted In the Master Plan become the benchmark for measuring traffic and the associated Impacts of any change. Pinder Troutman's traffic analysis Indicates that the proposed land uses contemplated in NOPC #16 would be estimated to generate 5,809 AM Peak Hour and 7,202 PM Peak Hour trips, representing a decrease of 1,138 AM Peak Hour and 856 PM Peak Hour trips when compared with the original Application for Development Approval (ADA). s Quantum Park - ORIA 06-00 JPMO 06-003 Memorandum No. PZ 06-143 In a letter dated June 26, 2006, The Florida Department of Transportation stated that they have no obJectron to NOPC #16, only that they recommend the Traffic Signal Warrant studies for the Intersections of Quantum Boulevard with both Gateway Boulevard and Congress Avenue be conducted by the applicant, In compliance with a Development Order condition of approval under Ordinance 01-54 (see Exhibit "0") The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional' information, prior to formal response (see Exhibit "e"). The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively Staff has not yet received a formal written response from DCA, however TCRPC has responded that they have not identified any new or additional regional Impacts resulting from the proposed amendment. Typically, the proposed addition of 800 new dwelling units to the DRI would constitute a Substantial Deviation under Section 380 06(19)(b)9 of the Florida State Statutes, a finding which would cause the development to be SUbject to further DRI review Based upon their discussion with DCA, the Treasure Coast Regional Planning Council (TCRPC), having not identified any regional impacts, indicates that the City could conclude the same, under Section 380.06(19)(e)5 c. Florida Statutes, and it could make a finding that would allow the proposed change to proceed without further DRI review The Treasure Coast Regional Planning Council (TCRPC) also notes that it has been working with the City, County, applicant and the South Florida Regional Transit Authority (SFRTA) on creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. They indicate approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site. TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRTA to make the necessary changes to the development order in the near future to accommodate the TOO The applicant has indicated to staff that part of their intent to request an increase in the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRTA were in agreement on proceeding on a deal. However, staff is very hesitant to recommend for this change, when the 800 residential units being requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate the TOO on the Tri-Rail site Is unsuccessful, the applicant will be motivated to request further amendments to lots with Industrial potential in order to accommodate the then vested residential units. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City As such, the City's main focus is local issues and impacts. During the TART process, there were local Issues identified by the members. The Traffic Division of Public Works expressed concern over the potential Impacts associated with the contemplated abandonment of Quantum Lakes Drive and the reallocation of traffic to Quantum Boulevard. Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access Intersections, Including Gateway and Quantum Boulevard, to Identify problems and Introduce mitigation measures. Therefore, staff recommends a traffic study be prepared by the applicant, evaluating those Impacts (see Exhibit "F" - Conditions of 6 Quantum Park - DRIA 06-0 ~PMD 06-003 Memorandum No. PZ 06-143 Approval) Staff also notes that no formal abandonment applications have been submitted concurrent with this NOpe request. The appficant has indicated that abandonment petitions would be submitted In the future, as part of the site plan review process for adjacent lots. With the lack of a traffic study addressing Public Work's concems over intersection Impacts associated with proposed roadway abandonments, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU). The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer Drainage impacts will be reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. Consistency and Compatibility with City Policies Certain aspects of the change proposed by the applicant present issues that appear contrary to City policies. The proposed changes are discussed below' Lots 17 and 52 (7.8 Acres): These lots are currently designated as "Office/lndustrial and Industrial with Retail Sales (01 & IND/R)" land Use. The Land Use would be revised to "Mixed Use (MU}" As noted earlier, during the review of NOPC #10, staff was opposed to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land that could accommodate business and industry, which create jobs, generates substantial property taxes and requires fewer City services, was in short supply The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use in an effort to address staff's fears of the loss of industrial land. The applicant subsequently submitted NOPC #15 in 2005 to add 105 more dwelling units In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as "Mixed Use (MU)", which did not entail any further conversion of industrial land. Staff did not oppose that amendment, since no lots with industrial potential were requested to be converted to Mixed Use (MU). However, now the applicant has submitted NOpe #16, which proposes to convert 7.8 more acres with industrial potential to Mixed Use (MU) In 2005, the City contracted with a professional planning consultant, Michele Mellgren & Associates, to prepare an analysis of the M-1 (Industrial) Zoning District and make recommendation. The consultant generally recommended that the City preserve its remaining industrial zoning and more specifically recommended that the City. 1 Amend the comprehensive plan to inetude one or more goals, objectives or policies that would strongly discourage or prohibit the conversion or use of industrial land, to or for non-industrial uses. 2. Amend the regulations of the PIO district, as appropriate, to prohibit any additional residential uses. 7 Quantum Park - ORIA 06-0< tPMD 06-003 Memorandum No. PZ 06-143 The City has since issued an RFP (Request For Proposals) to hire a consultant to implement the recommendations of the study and prepare appropriate code amendments. The results of the RFP's are to be presented to the Commission In August, for selection of the consultant Policy 1 19 4 of the Comprehensive Plan states, "The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas In order to maximize the linkages between complementary industries" The continued conversion of industrial potential property within Quantum Park, especially conversion to residential uses, appears to directly contradict City policy, and place greater burden on City services, almost always with loss in City tax revenue Additionally, IPARC is partnering with the Economic Development Research Institute (EDRI) to request bids from economic development and planning professionals to prepare a study documenting the Importance of having land designated for Industrial use and strategies to preserve, promote and manage light-industrial development. This initiative is a result of the concerns expressed at various levels of government and business in Palm Beach County regarding the number of amendments to Comprehensive Plan Future Land Use Maps that have reclassified Industrial lands for residential use The need for industrial space is not expected to diminish. The City regularly receives inquiries from the Business Development Board, realtors and businesses looking to relocate. One example is the breath freshener business (Health-Tech Inc.), which just leased 30,000 square feet In Quantum Park, and plans to hire 40 to 50 workers. Industrial uses generally provide higher paying jObs than commercial/retail businesses, which not only benefits the City, but residents seeking employment as well. Additionally, staff acknowledged the retail potential of parcels along Gateway Boulevard and supported a previous amendment request by the applicant to allow a retail component to a prinCipal industrial use. Staff reasoned that it needed to make a concerted effort to retain and attract industrial tenants, rather than entertain a potential request to eliminate the industrial land use for commercial or mixed use all the way along Gateway Boulevard Since the year 2000, approximately 93 acres within Quantum Park and along South Congress Avenue have been converted from industrial land use or zoning districts to residential use or Mixed Use (MU) This has greatly reduced the ability of the City to attract spin-off businesses from Scripps, start-up businesses or companies looking to relocate. If the requested amendment is approved, the number of acres within Quantum Park with a Mixed Use (MU) land designation will be 11344 acres out of 55313, or 20% of the property, which exceeds any other land use designation within the parle Lot 58 (4.93 Acres): This lot is currently designated as Office/Industrial (01) Land Use. The Land Use would be revised to Mixed Use (MU) This particular lot is currently developed with an office building, which obviously precludes the Industrial potential for the parcel under the present design. However, in times of demand, buildings and sites are redeveloped to reflect the need or trend at that time. The applicant Is proposing the Mixed Use (MU) designation for the lot, potentially contemplating a higher and better use than that In place. 8 Quantum Park - DRIA 06-0, II1PMD 06-003 Memorandum No PZ 06-143 Increasina the maximum number of residential units bv 800. from 1.105 to 1.905. The applicant Is proposIng to increase the maximum number of anowed dwelling units to 1,905 on lots designated Mixed Use (MU) on the Master Plan Staff reviewed the request for 800 additional residential units in the context of opposing further conversion of parcels with industrial potential to Mixed Use (MU). In conducting the review, staff researched the total combined units represented by those existing within or approved for the immediately surrounding area. The currently approved, but unconstructed residential units in Quantum Park, existing and approved for the Renaissance Commons SMU, approved for the Boynton Village SMU, and approved at High Ridge Road and Miner Road total 3,106 units. Additionally, recently approved or built commercial/office square footage in Quantum Park and the immediate area (Quantum Park Village North and South projects, Renaissance Commons and Boynton Town Center and Boynton Village) exceeds 900,000 square feet. Such approvals are less than 50% complete and therefore represent lands or space available elsewhere for the proposed uses With this number of dwelling units coming on line, and the nearly one million square feet of commercial/office uncompleted, there does not appear to be justification for the request to "rezone" land designated for industrial and/or office uses to residential/commercial use. Staff supports the concept of creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. The Treasure Coast Regional Planning Council (TCRPC) indicates approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site This concept makes sense for three reasons. First, the Tri-Rail site has a Govemmental & Institutional (G&I) land use designation and would not decrease industrial potential. Second, it creates a multi-modal hub and reduces potential reliance upon the automobile. Thirdly, it creates a great opportunity to provide workforce housing. As noted earlier, TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRT A to make the necessary changes to the development order in the near future to accommodate the TOO The applicant has indicated to staff that part of their intent with requesting the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRTA were in agreement on proceeding on a deal. Staff is very hesitant to recommend for the change, when the 800 residential units requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate a TOO on the Tri-Rail site Is unsuccessful, the applicant will be motivated to request further amendments in order to accommodate the then vested residential units. Creation of Lots 102 and 103 and orovidina a Master Plan desianation of Mixed Use eMU) for both lots: The applicant proposes creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and designate them Mixed Use (MU). As noted earlier, the Traffic Division of Public Works expressed concern over the potential Impacts associated with the contemplated abandonment of Quantum Lakes Boulevard and the reallocation of traffic to Quantum Boulevard Therefore, they recommend a traffic study be 9 Quantum Park - DRIA 06..( 'MPMD 06-003 Memorandum No PZ 06-1 'tv prepared on the part of the applicant, evaluatlng those impacts. Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysIs for various project access Intersections, including Gateway and Quantum Boulevard, to identify problems and Introduce mitigation measures. Since no formal abandonment applicatIons have been submitted concurrent with this NOPC request, and with the lack of a traffic study addressing Public Work's and Palm Beach County concerns over intersection impacts, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU). Staff would recommend re-evaluatlon of the request in a future NOPC request, once the appropriate traffic studies are concluded, mitigation measures, if any, conducted and formal abandonment applications submitted. Since the applicant Indicates they intend to submit a follow-up NOPC request involving the TOO request at the Tri-Rail Station, this should not be an inconvenience on their part. Elimination of Note #3 on the Master Plan indicatina "Total Vested Trios for the Proiect shall remain 63.752 AoT": The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (AoT). Elimination of Note #4 on the Master Plan indicatina "Buildina heiaht shall not exceed 60 feet in Mixed Use areas": The applicant has suggested removal of this note since it is no longer a correct statement with the Increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005 In each case of the requests to eliminate notes from the Master Plan, staff views these proposals as housekeeping matters and does not object to their elimination. FOOT did not raise any concerns with the conversion of trip calculations to AM and PM Peak Hour and the discussion of building heights is better left to the Code of Ordinances. With that said, staff recommends approval of the request to remove Notes #3 and #4 Conclusion Staff concludes that the request to amend the land use designation on Lots 17, 52 and 58 is not in the City's best interest. Throughout this report, staff has noted the desire to retain the industrial potential on the parcels. The need to be able to attract and retain light industry is important to the community and acknowledged by the consultant hired by the City Commission to study the M-1 zoning district. The consultant recommended a halt to further conversions of Industrial land to residential uses. Additionally, when analyzing the request within the scope of Quantum Park as a whole, these individual, disjointed lots are less than five (5) acres each, which would appear inadequate for the development of a first rate, well-integrated mixed use project. The other mixed use projects in Quantum range from 14.2 acres to 265 acres. Staff is very hesitant to support an increase in the maximum number of allowable residential units In the oRI, when the 800 residential units requested to be added, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If the requested amendment Included the Trl-Rail parcel, in preparation for a Transit Oriented Development (TOO), including an Increase in the corresponding dwelling units, staff would have supported that component of the request. Without this component, the request for a 72% increase In the number of residential units does not appear to be Justified. As such, staff recommends denial of the request for 800 additional residential units. Relative to the proposed request to establish two (2) new narrow parcels (Lots 102 and 103), from existing rights-of-way that the applicant intends to abandon, staff has expressed concerns 10 Quantum Park - DRIA 06-00 PMD 06-003 Memorandum No. PZ 06-143 related to the potentIal effects on traffic patterns. City Engineering staff, along. with Palm Beach County Traffic EngIneering and FOOT, recommends that the applicant, to ensure acceptable levels of seNlee and safe operating conditions, conduct a traffic analysis, including necessary mitigation measures. Without the traffic study, staff cannot support this request. The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are viewed by staff as a housekeeping matter, and as such, staff recommends their approval In conclusion, staff recommends the applicant withdraw this application and bring forward a new NOpe (Notice of Proposed Change) to the ORI, under the following conditions 1 The Tri-Rail site is made part of the application, incorporating a Mixed Use designation, with only the additional units conceptualized for the TOO Included. 2. A traffic study as requested by the City, County and State is submitted, including Intersection analyses and mitigatIon measures. 3 The submittal of a formal abandonment application should precede any request to create lots within existing right-at-way and provide a use designation. 4 The request to convert Lots 17, 52 and 58 to Mixed Use (MU) be dropped from the application, including the additional units not conceptualized for the TOO RECOMMENDATION Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development ot regional impact review With regards to the proposed modifications to the Quantum Park Master Plan staff recommends denial of the requested amendments due to the conflicts noted with the City's Comprehensive Plan, its inconsistency with the City's current direction to preserve and expand land availability for light industrial uses, as well as deficient traffic analyses, as noted by City staff, the County and State. S:\PLANNING\SHAREO\WPlPROJECTSlQUANTUM PARK 2006\N0PC 116+ MPMO\ORIA 06-001\STAFF REPORT 116.DOC 11 E \ ---- r---------\ \ l ~ \ \ ----'\ \ \ \ ' . \ \ \ '~R --~ I I \ I \ \ \.--------_..._-_.-: . ... .. - .~ ~.+' "" . EXHIBIT A ._-~._-------_._------- I i ,i ,'~ i,' J d ,i I I J I I , .~ I ! 'I j J I ,. 1.11 ,li'I'11 f i I i I J II i t! t J J '. ,. I_ ,.. . I. 'I ' f: , I ,~: I ~ I' , .- I l Ii 8 j I' f ~ - EXI IT B EXISTING MASTER PLAN CllHOIlDS AWNUt ~. ~ . i I,ll !~j ! i dJJ · i~!a ~ll:iil- f !~ i I -.. """"=1 , . "'11 J' ~8 "i "1'IlIW t-3 CllI'A' ;l . . . ! IH t! I 'Ul i .. . i I ~ iin ili~:iR";li I CO" ~~iRS! o:~~i ~ I I _';t i~i i ~i.,~ : !fU~allll i lill11 ~ ~ l~~'G~Uie~~ · n, it f c:: Ii I S IlIlMIUAli I Ii If 'I Iw - II ... ~: I .... I i 'I I I I - .... t- -~-- I L1 11'1 ~E:!~ i'D~" ~Sa , !~ i "'''.il;1 U~,.I_.! , II,' 1111 lill II '(tJII i It I. II II II:: I " ! I , I ;1 J f ~. I I I~ ! I 'I ,~ III ! ~ EXHlBIT C PROPOSED MASTER PLAN COHIlIIII AWIU: . ". ..g ~"'JCICIIl'1 ;s- a . EXHIBIT 0 Florida Department of1ransportation PLANNING AND ENVIRONMENTAl MANAGEMENT DISTRICT 4 3400 West Commercial Blvd., Ft. Lauderdale, FL 33309.3421 Telephone (95") 777.4601 Fax (954) 777.4671 Toll Free Number: 1.866.336.8435 .lED BUSH GOVERNOR June 26, 2006 Mr Michael 1 Busha, AICP Executive Director Treasme Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 Dear Mr Busha: DENVER I. STUTLER, m. SECRETARY RECEIVED JUN ') 8 1006 TRfiASURI: COAST FlEGIONAL PLANNING COUNCil Quantum Park Development of RegtollBl Impact (DRI) City of Boynton Beach, Palm Beach Conty Notification of Proposed Change (NOPC) No. 16 SUBJECT As requested in your letter dated May 25,2006, the Department has reviewed the Quantum Park DRINOPC No. 16. The Quantum Park DR! is located north of the C-16 Canal, south ofHypoluxo Road, west of Interstate 95, and east of Congress Avenue in the Ci1y of Boynton Beach. The DR! was originally approved on December 18, 1984 as a mixed-use development The current buildout date for the DRI is December 18, 2014 The following table summarizes the DRI's approved land uses and intensities to date: Land Use Industrial Retail Office Hotel Multi Famil Residential Warehouse School Auto Dealers . Movie Theater Restaurant- Turover Restaurant - uar Convenience StoreIOas Ice S Rink Approved Development As of 15th Amended DO 2/1512005 1 700 000 sf 469 450 sf 797 900 sf 200 rooms 1 105 du 22 700 sf 2 500 students 53 012 sf 4 000 seats 28 400 sf 69 250 sf 3 054 sf 93 430 sf Original DO (1984) 4 183 750 sf 300000 sf 1 969 500 sf 200 rooms NA NA NA NA NA NA NA NA NA vvww.dot.state.f1.us . RECVD..EO PAPER Mr. Michael J Busha June 26, 2006 Page 2 In this NOpe, the applicant proposes the following changea: 1 Increase the maximum number of residential units within the Mixed Use area from the currently approved 1,10S units to 1,905 units, 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 wlRetail Sales. Lot 58 is currently designated as OfficelIndustrial. 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 IS 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. 15, on December 1, 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 DR!. The results of a trip generation comparison indicated that the proposed development plan 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 A venue, as required by Ordinance No. 01-54 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, FOOT Gerry 0 'Reilly - Director of Transportation Development, FOOT .John Krane - Transportation Planning Engineer, FOOT Chon Wong - Senior Transportation Specialist, FDOT I:\OPIIM\SYSTIIM PLANNINO\D4D1U\QUANIUM\NOPCI6B.DOC Department of Eqla\eerhtC ad PubUc Worb P.O. Box 21229 west Palm Beach, PI. '3416-1229 (561) 684-4000 www.pbcgov.com . ...... Beach Coaaty IJoar4 of Comty CcmunIulcmen 'Ibny Masilotd. Chairman Addie L Greene. Vice Chairperson Maren T. Marcus Jeff I<oons \\Wren H. Newell Mary McCarty Burt Aarcmson Coaaty Ad1n1D1strator Robert Weisman "M SfU<<l 0JIp0rMttC)' ~&cIoIlBmploytr. @ ptfnIId CIfI fWI'lII<<I".,., June 13, 2006 Mr Michael W Rumpi 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. Approved: Quantum Park - North of Gateway Boulevard, west of High Ridge Road Boynton Beach Location . Industrial . Retail . Office . Hotel 4183,750 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 F acUity 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 - NOpe 16. " 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(D) II & II a W II fii) 001 .1M 162m ~I DEPARTMENT OF OEVElOPMfNl Page - 2 . Convenience Store/Gas Multi FamUy 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 beer.:1 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 I OFFICE OF THE COUNTY ENGINEER /V). Masoud Atefi. M E Project Reviewe - T cc: Pinder Troutman Consulting Inc. File: General - TPS - Mun - Traffic Study Review F'\TRAFFIC\ma\Admin\Comments\060537.doc EXHIBIT "F" CondItions 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 Engineering staff agrees with the concurrency reqwrements 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 in its letter dated June 13, 2006 to Mike Rumpf and of the Florida Department of Transportation in 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 intersections of Quantum Boulevard with Gateway Boulevard and Quantum Boulevard with Congress Avenue, prior 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 Engineering staff recommends denial 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 FORESTER/ENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments. 3 The eliminatlon 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 Comnussion supports and approves this NOPC request, staff X recommends that the approval exclude the dwelling umts intended for a potentIal Tn-RaiVTOD project (conceptualIzed as 500 unItS) from this applicatlon and that they be combmed with the subsequent NOPC request reqUIred as a pre-reqUIsIte to a TOD 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 intersections. ADDITIONAL CITY COMMISSION CONDITIONS Comments. 7 None X S:\Planning\Plannmg Templates\Condition of Approval 2 page revised 2003 form.doc err 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 D August I 2006 July 17 2006 (Noon.) D October 3, 2006 September 18.2006 (Noon) t8J August 15,2006 July 31 2006 (Noon) D October 17 2006 October 2, 2006 (Noon) D September 6, 2006 August 14, 2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19 2006 September 5, 2006 (Noon) D November 21 2006 November 6, 2006 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda t8J Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION Please place this request on the August 15, 2006 City CommissIOn Agenda under Legal, Ordinance - Second Reading. The CIty Commission, on August 1, 2006, approved the subject request under Public Hearing and Legal, Ordinance - FIrst Reading, subject to restricting 400 of the 800 proposed units to lots 17 52, 58, 102 and 103 For further details pertainmg to the request, see attached Department Memorandum No 06-143 EXPLANATION PROJECT AGENT OWNER: LOCATION DESCRIPTION Quantum Park NOPC #16 (DRIA 06-001) Eugene A. Gerlica, Quantum Group of Companies MFT Development, Inc. West side ofI-95 between Miner Road and the Boynton (C-16) Canal Request for Development of Regional Impact Amendment (DRIA), in part, to allow an increase in the maximum allowable dwelling units from 1,105 to 1,905 units. PROGRAM IMP ACT FISCAL IMP ACT: ALTERNATIVES: Deve10 City Manager's Signature z?!~ Planning and Z DIrector CIty Attorney / Fmance S:\PlanningISHARED\WP\PROJECTS\Quantum Park Amendment #16\Agenda Item Request Quantum Park NOPC #16 DRIA 06-001 8-15-06.dot Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-143 TO FROM Chair and Members Planning and Deve~ment Board ---.1l,lV Michael Rumpfl~ Planning and Zoning Director Ed Breese ~ Principal Planner THROUGH DATE. SUBJECT July 12, 2006 Quantum Park - DRIA 06-001/MPMD 06-003 Master Plan Amendment #16 NATURE OF REQUEST Quantum Park of Commerce (a.k.a Quantum Park PID) is a nearly built-out Development of Regional Impact (DRI) comprised of 553 13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton (C- 16) Canal (See attached Exhibit"g - Location Map) The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (0 0) adopted December 4, 1984 by Ordinance No 84-51 The original DO has been subsequently amended 14 times by Ordinance Nos 86-11, 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 05-13 The City Commission denied Amendment #11 on February 20, 2001 The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan Amendment #16 proposes amending the maximum number of dwelling units allowable on parcels designated for Mixed Use (MU) from 1,105 to 1,905 dwelling units in the Master Plan, as well as amending the existing use designations on several lots in the Master Plan. The requested changes are depicted in Exhibit "C" - Proposed Master Plan and described as follows 1) Change in the Master Plan designation of Lots 17 and 52 from Office/lndustrial and Industrial with Retail Sales (01 & IND/R) to Mixed Use (MU), 2) Change in the Master Plan designation of Lot 58 from Office/Industrial (0/1) to Mixed Use (MU), 3) Increasing the maximum number of residential units by 800, from 1,105 to 1,905, 4) Creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard. Providing a Master Plan designation of Mixed Use (MU) for both lots; 5) Elimination of Note #3 on the Master Plan indicating "Total Vested Trips for the Project shall remain 63,752 ADT", and adopting FDOT accepted traffic standards; Quantum Park - DRIA 06-01. "v1PMD 06-003 Memorandum No PZ 06-143 6) Elimination of Note #4 on the Master Plan indicating "Building height shall not exceed 60 feet in Mixed Use areas", since it is no longer a valid statement and not appropriate for inclusion on the Master Plan. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380 06 (19) - Substantial Deviations The applicant has submitted a Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City The DCA and the TCRPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380 06 (19). The City's Land Development Regulations Chapter 1 5, Sec. 4 3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI Chapter 380 06 F S requires that the local governing body hold a pUblic hearing to review and approve the NOPC The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380 06 (19) If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on February 15, 2005 The subject Amendment #16 proposes to amend the maximum number of dwelling units allowable within the areas designated for Mixed Use (MU) in the Master Plan as well as change in use designation on several lots. Therefore the review of the DRI amendment also constitutes a review of the change to the Master Plan for Quantum Park. In addition to State Statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval First review comments were generated and the Technical Advisory Review Team (TART) reviewed the Master Plan change on June 27,2006 ANALYSIS Notice of Proposed Chanae (NO PC} - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 38006 (19) In reviewing the statute section staff determined that two (2) of the criteria apply to the proposed change for Quantum Park DRJ. This criterion, which is applicable for review of this proposed change Is provided in Chapter 380 06(19)(e)5 , which states "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence" 2 Quantum Park - DRIA 06-Cl_ ,MPMD 06-003 Memorandum No PZ 06-143 1 Chapter 380.06(19)(b)9., An Increase In the number of dwelling units by 5 percent or 50 dwelling units, whichever Is greater The proposed change entails the addition of 800 residential dwelling units to the1,105 currently approved, for a total of 1,905 dwelling units. The proposed modification exceeds the thresholds outlined above However, the change also eliminates industrial: potential on Lots 17 and 52. Although the project exceeds the maximum dwelling units for a non-substantial change determination, the Treasure Coast Regional Planning Council, in their review of the proposed amendment and discussions with the Department of Community Affairs, has determined the proposed change could be reviewed under the guidelines of Chapter 380 06(19)(e)5.c., due to the fact that no new or additional regional impacts appear evident as a result of the proposed change. 2. Chapter 380.06(19}(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within an authorized multiuse development of regional Impact which was originally approved with more than three uses specified In 380.0651 (3)(c), (d), (f) and (g) and residential use As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart" The applicant has provided an updated chart. Since Amendment #16 involves changes to land use categories, including an increase to the Mixed Use (MU) category by 18 58 acres, while commensurately decreasing the Office/Industrial (01) and Office/Industrial/Industrial with Retail sales (01 & Ind/R), the provision appears to be met. Associated with the requested use designation changes, the applicant is also requesting to remove Note #3 on the Master plan stating "Total Vested Trips for the Project shall remain 63,752 ADT" Essentially, that note indicates that the DRI has a vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., has proposed to update the DRI to today's accepted criteria (by FDOT and the County alike) for determining traffic impact, the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) As such, the traffic consultant estimates a decrease in the number of peak hour trips as a result of this amendment. Conclusion The proposed changes delineated in Amendment #16 are determined not to be a substantial deviation per Chapter 38006 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #1 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DRI There are six (6) major changes proposed. The applicant provided the following descriptive summary of these changes. 3 Quantum Park - DRIA 06-t ,MPMD 06-003 Memorandum No PZ 06-143 lots 17 and 52 (7.8 Acres} These lots are currently designated as "Office/Industrial and Industrial with Retail Sales (01 & IND/R)" land Use The land Use would be revised to "Mixed Use (MU)" lot 58 (4.93 Acres) This lot is currently designated as Office/lndustrial (01) land Use. The land Use would be revised to Mixed Use (MU) Increasina the maximum number of residential units bv 800. from 1.105 to 1.905 The maximum number of allowed dwelling units would be increased to 1,905 on lots designated Mixed Use (MU) on the Master Plan. Creation of Lots 102 and 103 and orovidina a Master Plan desianation of Mixed Use (MU) for both lots The creation of lots 102 and 103 would occur through the abandonment of the remaining portion of Quantum lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and be designated Mixed Use (MU) Elimination of Note #3 on the Master Plan indicatina "Total Vested Trios for the Proiect shall remain 63.752 ADT" The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) Elimination of Note #4 on the Master Plan indicatina "Buildina heiaht shall not exceed 60 feet in Mixed Use areas" The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005 The Quantum Park DRI has been amended 14 times over the years, which is not unusual for a DRI of this type The Florida Statute governing the DRI process, Chapter 380 06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions" During the review of NOPC #10 in the year 2000, staff expressed opposition to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land, especially larger tracts that could accommodate business and industry that creates jobs, generates substantial property taxes and requires fewer City services, was in short supply At that time, the applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use to a maximum of 1,000 dwelling units in an effort to address staff's fears of the loss of industrial land 4 Quantum Park - DRIA 06-0\. MPMD 06-003 Memorandum No. PZ 06-143 The applicant subsequently submitted NOPC #15 in 2005 for an additional 1 05 dwelling units. In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as Mixed Use (MU), which did not entail any further conversion of industrial land Now the applicant has submitted NOpe #16, which proposes to add 800 additional dwelling units, an increase in the maximum allowable from 1,105 to 1,905 units within Quantum Park. Additionally, the request includes the conversion of two (2) more vacant lots with industrial potential (Lots 17 and 52 - a total of 78 acres) to Mixed Use (MU) and the conversion of two (2) roadway tracts to the Mixed Use (MU) designation This would appear to place staff in the same position it argued back in 2000, opposing any further conversion of industrial potential properties to residential purposes The proposed change to the Master Plan was analyzed from three perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Finally, the application was reviewed against certain criteria used when analyzing rezoning requests relative to necessity Impacts Reaional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistributionlre-designation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any lot. Staff conducted a cursory review of the traffic study during the Technical Advisory Review Team (TART) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. The applicant's traffic consultant, Pinder Troutman Consulting, Inc. has, as part of this amendment process, proposed to update the DRI to conform with the accepted criteria (utilized by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Based on the TART review of the Master Plan, including the traffic study, no additional regional Impacts are evident. The consultant notes that the Master Plan adopted in 1997 established the thresholds of development or the maximum square footage for each land use, which could not be exceeded As a result of the proposed change, Peak Hour Trips generated by these land uses depicted in the Master Plan become the benchmark for measuring traffic and the associated impacts of any change Pinder Troutman's traffic analysis Indicates that the proposed land uses contemplated in NOPC #16 would be estimated to generate 5,809 AM Peak Hour and 7,202 PM Peak Hour trips, representing a decrease of 1,138 AM Peak Hour and 856 PM Peak Hour trips when compared with the original Application for Development Approval (ADA) 5 Quantum Park - DRIA 06-Cl_ tMPMD 06-003 Memorandum No. PZ 06-143 In a letter dated June 26, 2006, The Florida Department of Transportation stated that they have no objection to NOPC #16, only that they recommend the Traffic Signal Warrant studies for the intersections of Quantum Boulevard with both Gateway Boulevard and Congress Avenue be conducted by the applicant, in compliance with a Development Order condition of approval under Ordinance 01-54 (see Exhibit MD") The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional information, prior to formal response (see Exhibit MEN). The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively Staff has not yet received a formal written response from DCA, however TCRPC has responded that they have not identified any new or additional regional impacts resulting from the proposed amendment. Typically, the proposed addition of 800 new dwelling units to the DRI would constitute a Substantial Deviation under Section 380 06(19)(b)9 of the Florida State Statutes, a finding which would cause the development to be subject to further DRI review Based upon their discussion with DCA, the Treasure Coast Regional Planning Council (TCRPC), having not identified any regional impacts, indicates that the City could conclude the same, under Section 380 06(19)(e)5 c. Florida Statutes, and it could make a finding that would allow the proposed change to proceed without further DRI review The Treasure Coast Regional Planning Council (TCRPC) also notes that it has been working with the City, County, applicant and the South Florida Regional Transit Authority (SFRTA) on creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. They indicate approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRTA to make the necessary changes to the development order in the near future to accommodate the TOO The applicant has indicated to staff that part of their intent to request an increase in the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRT A were in agreement on proceeding on a deal. However, staff is very hesitant to recommend for this change, when the 800 residential units being requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate the TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments to lots with industrial potential in order to accommodate the then vested residential units Local The focus of the substantial deviation determination is regional impacts The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City As such, the City's main focus is local issues and impacts. During the TART process, there were local issues identified by the members. The Traffic Division of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum Lakes Drive and the reallocation of traffic to Quantum Boulevard Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access Intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures Therefore, staff recommends a traffic study be prepared by the applicant, evaluating those impacts (see Exhibit "F" - Conditions of 6 Quantum Park - DRIA 06-(;_ IMPMD 06-003 Memorandum No. PZ 06-143 Approval) Staff also notes that no formal abandonment applications have been submitted concurrent with this NOPC request. The applicant has indicated that abandonment petitions would be submitted in the future, as part of the site plan review process for adjacent lots. With the lack of a traffic study addressing Public Work's concerns over intersection Impacts associated with proposed roadway abandonments, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU) The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer Drainage impacts will be reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. ConsIstency and Compatibility with City Policies Certain aspects of the change proposed by the applicant present issues that appear contrary to City policies. The proposed changes are discussed below. Lots 17 and 52 (7.8 Acres): These lots are currently designated as "Officellndustrial and Industrial with Retail Sales (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MU)" As noted earlier, during the review of NOPC #10, staff was opposed to the conversion of valuable industrial land to residential uses The City had considerable acreage for residential purposes, but the amount of vacant industrial land that could accommodate business and industry, which create jobs, generates substantial property taxes and requires fewer City services, was in short supply The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use in an effort to address staff's fears of the loss of industrial land The applicant subsequently submitted NOPC #15 in 2005 to add 105 more dwelling units. In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as "Mixed Use (MU)", which did not entail any further conversion of industrial land Staff did not oppose that amendment, since no lots with industrial potential were requested to be converted to Mixed Use (MU) However, now the applicant has submitted NOPC #16, which proposes to convert 7 8 more acres with industrial potential to Mixed Use (MU) In 2005, the City contracted with a professional planning consultant, Michele Mellgren & Associates, to prepare an analysis of the M-1 (Industrial) Zoning District and make recommendation The consultant generally recommended that the City preserve its remaining industrial zoning and more specifically recommended that the City. 1 Amend the comprehensive plan to include one or more goals, objectives or policies that would strongly discourage or prohibit the conversion or use of industrial land, to or for non-industrial uses 2. Amend the regulations of the PID district, as appropriate, to prohibit any additional residential uses. 7 Quantum Park - DRIA 06-(,. ,/MPMD 06-003 Memorandum No PZ 06-143 The City has since issued an RFP (Request For Proposals) to hire a consultant to implement the recommendations of the study and prepare appropriate code amendments. The results of the RFP's are to be presented to the Commission in August, for selection of the consultant Policy 1 19 4 of the Comprehensive Plan states, "The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkages between complementary industries" The continued conversion of industrial potential property within Quantum Park, especially conversion to residential uses, appears to directly contradict City policy, and place greater burden on City services, almost always with loss in City tax revenue. Additionally, IPARC is partnering with the Economic Development Research Institute (EDRI) to request bids from economic development and planning professionals to prepare a study documenting the importance of having land designated for industrial use and strategies to preserve, promote and manage light-industrial development. This initiative is a result of the concerns expressed at various levels of government and business in Palm Beach County regarding the number of amendments to Comprehensive Plan Future Land Use Maps that have reclassified industrial lands for residential use The need for industrial space is not expected to diminish. The City regularly receives inquiries from the Business Development Board, realtors and businesses looking to relocate. One example is the breath freshener business (Health-Tech Inc.), which just leased 30,000 square feet in Quantum Park, and plans to hire 40 to 50 workers. Industrial uses generally provide higher paying jobs than commercial/retail businesses, which not only benefits the City, but residents seeking employment as well Additionally, staff acknowledged the retail potential of parcels along Gateway Boulevard and supported a previous amendment request by the applicant to allow a retail component to a principal industrial use Staff reasoned that it needed to make a concerted effort to retain and attract industrial tenants, rather than entertain a potential request to eliminate the industrial land use for commercial or mixed use all the way along Gateway Boulevard Since the year 2000, approximately 93 acres within Quantum Park and along South Congress Avenue have been converted from industrial land use or zoning districts to residential use or Mixed Use (MU) This has greatly reduced the ability of the City to attract spin-off businesses from Scripps, start-up businesses or companies looking to relocate If the requested amendment is approved, the number of acres within Quantum Park with a Mixed Use (MU) land designation will be 113 44 acres out of 553 13, or 20% of the property, which exceeds any other land use designation within the park. Lot 58 (4.93 Acres): This lot is currently designated as Officellndustrial (01) Land Use The Land Use would be revised to Mixed Use (MU). This partiCUlar lot is currently developed with an office building, which obviously precludes the Industrial potential for the parcel under the present design. However, in times of demand, buildings and sites are redeveloped to reflect the need or trend at that time. The applicant is proposing the Mixed Use (MU) designation for the lot, potentially contemplating a higher and better use than that in place. 8 Quantum Park - DRIA 06-0\" tMPMD 06-003. Memorandum No PZ 06-143 Increasing the maximum number of residential units bv 800. from 1.105 to 1.905. The applicant is proposing to increase the maximum number of allowed dwelling units to 1,905 on lots designated Mixed Use (MU) on the Master Plan. Staff reviewed the request for 800 additional residential units in the context of opposing further conversion of parcels with industrial potential to Mixed Use (MU) In conducting the review, staff researched the total combined units represented by those existing within or approved for the immediately surrounding area. The currently approved, but unconstructed residential units in Quantum Park, existing and approved for the Renaissance Commons SMU, approved for the Boynton Village SMU, and approved at High Ridge Road and Miner Road total 3,106 units. Additionally, recently approved or built commercial/office square footage in Quantum Park and the immediate area (Quantum Park Village North and South projects, Renaissance Commons and Boynton Town Center and Boynton Village) exceeds 900,000 square feet. Such approvals are less than 50% complete and therefore represent lands or space available elsewhere for the proposed uses With this number of dwelling units coming on line, and the nearly one million square feet of commercial/office uncompleted, there does not appear to be justification for the request to "rezone" land designated for industrial and/or office uses to residential/commercial use. Staff supports the concept of creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. The Treasure Coast Regional Planning Council (TCRPC) indicates approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site This concept makes sense for three reasons First, the Tri-Rail site has a Governmental & Institutional (G&I) land use designation and would not decrease industrial potential. Second, it creates a multi-modal hub and reduces potential reliance upon the automobile Thirdly, it creates a great opportunity to prOVide workforce housing. As noted earlier, TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRT A to make the necessary changes to the development order in the near future to accommodate the TOO The applicant has indicated to staff that part of their intent with requesting the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRT A were in agreement on proceeding on a deal Staff is very hesitant to recommend for the change, when the 800 residential units requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate a TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments in order to accommodate the then vested residential units. Creation of Lots 102 and 103 and Drovidino a Master Plan desionation of Mixed Use (MU) for both lots: The applicant proposes creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and designate them Mixed Use (MU). As noted earlier, the Traffic Division of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum Lakes Boulevard and the reallocation of traffic to Quantum Boulevard Therefore, they recommend a traffic study be 9 Quantum Park - DRIA 06-01.1 dMPMD 06-003 Memorandum No. PZ 06-143 prepared on the part of the applicant, evaluating those impacts Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures. Since no formal abandonment applications have been submitted concurrent with this NOPC request, and with the lack of a traffic study addressing Public Work's and Palm Beach County concerns over intersection impacts, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU). Staff would recommend re-evaluation of the request in a future NOPC request, once the appropriate traffic studies are concluded, mitigation measures, if any, conducted and formal abandonment applications submitted Since the applicant indicates they intend to submit a follow-up NOPC request involving the TOO request at the Tri-Rail Station, this should not be an inconvenience on their part. Elimination of Note #3 on the Master Plan indicatina urotal Vested Trios for the Proiect shall remain 63.752 ADT": The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) Elimination of Note #4 on the Master Plan indicatina "Buildina heiaht shall not exceed 60 feet in Mixed Use areas": The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005 In each case of the requests to eliminate notes from the Master Plan, staff views these proposals as housekeeping matters and does not object to their elimination. FOOT did not raise any concerns with the conversion of trip calculations to AM and PM Peak Hour and the discussion of building heights is better left to the Code of Ordinances. With that said, staff recommends approval of the request to remove Notes #3 and #4 Conclusion Staff concludes that the request to amend the land use designation on Lots 17, 52 and 58 is not in the City's best interest. Throughout this report, staff has noted the desire to retain the industrial potential on the parcels. The need to be able to attract and retain light industry is important to the community and acknowledged by the consultant hired by the City Commission to study the M-1 zoning district. The consultant recommended a halt to further conversions of industrial land to residential uses. Additionally, when analyzing the request within the scope of Quantum Park as a whole, these individual, disjointed lots are less than five (5) acres each, which would appear inadequate for the development of a first rate, well-integrated mixed use project. The other mixed use projects in Quantum range from 14.2 acres to 265 acres. Staff is very hesitant to support an increase in the maximum number of allowable residential units in the DRI, when the 800 residential units requested to be added, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If the requested amendment included the Tri-Rail parcel, in preparation for a Transit Oriented Development (TOO), including an increase in the corresponding dwelling units, staff would have supported that component of the request. Without this component, the request for a 72% increase in the number of residential units does not appear to be justified As such, staff recommends denial of the request for 800 additional residential units. Relative to the proposed request to establish two (2) new narrow parcels (Lots 102 and 103), from existing rights-of-way that the applicant intends to abandon, staff has expressed concerns 10 Quantum Park - DRIA 06-\"., l/MPMD 06-003 Memorandum No PZ 06-143 related to the potential effects on traffic patterns. City Engineering staff, along with Palm Beach County Traffic Engineering and FOOT, recommends that the applicant, to ensure acceptable levels of service and safe operating conditions, conduct a traffic analysis, including necessary mitigation measures Without the traffic study, staff cannot support this request. The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are viewed by staff as a housekeeping matter, and as such, staff recommends their approval. In conclusion, staff recommends the applicant withdraw this application and bring forward a new NOPC (Notice of Proposed Change) to the DRI, under the following conditions: 1 The Tri-Rail site is made part of the application, incorporating a Mixed Use designation, with only the additional units conceptualized for the TOO included 2. A traffic study as requested by the City, County and State is submitted, including intersection analyses and mitigation measures. 3. The submittal of a formal abandonment application should precede any request to create lots within existing right-of-way and provide a use designation. 4 The request to convert Lots 17, 52 and 58 to Mixed Use (MU) be dropped from the application, including the additional units not conceptualized for the TOO RECOMMENDATION Pursuant to Florida Statutes, Chapter 38006(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review With regards to the proposed modifications to the Quantum Park Master Plan staff recommends denial of the requested amendments due to the conflicts noted with the City's Comprehensive Plan, its inconsistency with the City's current direction to preserve and expand land availability for light industrial uses, as well as deficient traffic analyses, as noted by City staff, the County and State S:\PLANNINGISHAREOIWPlPROJECTSIOUANTUM PARK 2006\NOPC #16+ MPMOIORIA 06-001ISTAFF REPORT #16.DOC 11 ! L ilf l / l ; I,' 'If ffi:U~ IID~; , . \~II -:!.' I -\ ~\m. ~ \ , rn J ""\ IT) ~- .- ~! i ,----~~ '7 -t ! L.m ! i r-.----~- ( , i ( i -_L__ ..--,,-.....---.]:' ;'''-'l-'--' ~ -~---; , I! L--'--_L_~_. 'c~ilD,-li i . 1 '---=-'=:!."-'--'~'""'('.- ~ --::-~ -----) '\i 'i ~ ......J.-- ____J--..-'---__....__ ; '- ; L I ~ l- e t.~ --...., I ..~ {--r-----______! ; ! k__ j '-~T ;. . ! <-----r -~'~':<>-. E r--- r ---r t-.....__ i --.--\ I ' ~___ --1._ ~ i.__~_ I r-----' r--.......- -~_ / ; ; --; f j ! ! / r----ll- I / f ' : ! f---/ / -.----l . . L~--.-__i \ i f_____.__ _ ~__ ___L-________L____--1 i \ c } , 1 I i .R i r--~~I I I I , . , I I I I L ~ ---.--- ,----- I I Iii ! ! 1 \ \----;:1 \ \.. / I \ \ , '-1 i ) T / . EXHIBIT A 1to ., ... 1.f40 '~... s jl I q i; i 1.1 i i Ii. R I I J I. 'I ., II '. fl. I I'll 1:1.,1 II I I '.! J II i ., i I I; P! II ii ! I ~ l I jl~ Ii ~ ! I I .. ! ~ I ~ . I !~ ! Il, ! I 11 J~ ~. B ~ ~ ~ EXHIBIT B EXISTING MASTER PLAN CONQRESS A'IENUE :::;-.. '" z i 51 :0 ? ~ {II! ;;; l 1< ~e~ frl: ..r $ 8 ii~~ ~ . !l~~ ; . fg~ ~ ill Hip . I l ! I I!~ i ~ PI ~i I I @ l i i i -< ~ ~ ~in Ui~:~R~o;~i I ~ ~ fg ~ Wl1i ~ JI ~~,.Jp",El=j::~~j: c:: at 8ii8ISat~l!lltllGi~ 8 IIIIIIUIQII "'I::Q~gOCl!l1!11i "12 ~e:;:n AoIH, _";it : !IU! illitE ~ II! ~~ i u~ u II ~I ~ J I. 'I 1- , I II I ; I: ~ ~I! Be ~ Ie t18~ fif ~ . !IJ ~ . . !~ I i;!lliilil ,tit' '-1.1 I . I till " ! -, i 1 I~ I! I!. I i I. I ~ i II ill I r ~: !, ! . I ;~ ! I )1 t; i i ; ~ E)... alT C PROPOSED MASTER PLAN . ~ COHlllIIIS A__ . ~ . I ..g ~ i II I I ~ -------------~-~ ---- -- lEB BUSH GOVERNOR , Florida Department of Transportation PLANNING AND ENVIRONMENTAL MANAGEMENT DISTRICT 4 3400 West Commercial Blvd., Ff.. Lauderdale, FL 33309-3421 Telephone (954) 777-4601 Fox (9541777-4671 Toll Free Number: 1-866-336-8435 June 26, 2006 Mr Michael1 Busha, AICP Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 Dear Mr Busha: SUBmCT Quantum Park Development of Regional Impact (DRI) City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) No. 16 EXHIBIT D DENVER I. STUTLER, JR. SECRETARY REceeVEC JUN 1 R 1006 TRli.':'SURE COAST REGIONAL PLANNING COUNCIl As requested in your letter dated May 25, 2006, the Department has reviewed the Quantum Park DR! NOPC No. 16. The Quantum Park DR! 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 00 As of 15th Amended DO (1984) (2/15/2005) 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 HiJdI School NA 2,500 students Auto Dealership NA 53.072 sf Movie Theater NA 4,000 seats Restaurant- High. Turover NA 28,400 sf Restaurant - Quality NA 69.250 sf Convenience Store/Gas NA 3.054 sf Ice Skating Rink NA 93,430 sf www.dot.state.fl.us * REC'tlUO PN'ER Mr Michael1 Busha June 26, 2006 Page 2 In this NOPC, the applicant proposes the following change&: 1 Increase the maximum number of residential units within the Mixed Use area from the currently approved 1,105 units to 1,905 units, 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 wlRetail Sales. Lot 58 is currently designated as OfficelIndustrial. 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. 15, on December 1,2005, 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 DR!. The results of a trip generation comparison indicated that the proposed development plan 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. 01-54 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, -- GS:mmlcw cc: D Ray Eubanks - Community Program Administrator, FDCA Bob Romig - Director, Office of Policy Planning, FOOT Gerry 0 'Reilly - Director of Transportation Development, FOOT John Krane - Transportation Planning Engineer, FDOT Chon Wong - Senior Transportation Specialist, FOOT S:'lOPIIM\SYSTI! PLANNlN0\D4DlU\QUANnlMINOPCt6B.DOC - \~ Departlllent of EnJfllteerlng and PubUc 'Works P.O. Box 21229 West Palm Beach, PI. 33416-1229 (561) 684-4000 www.pbcgov.com . Palm Beach Co1lllty Board of Collllty Conunluiolletl 1bny MasHotti, Chairman Addie L Greene, Vice Chairperson Karen 1: Marcus Jeff Roons Warren H. Newell Mary McCarty Burt Aaronson County Mmlnistntol' Robert Weisman "Nt Bqu4l Opportun1ty A//ft'm4tt'H ~ Employer- @ ptfnIed Cltl recyoI<<I,."., EXHIBIT E June 13, 2006 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 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 Location: Quantum Park - North of Gateway Boulevard, west of High Ridge Road Boynton Beach Municipality. Approved . Industrial . Retail . Office . Hotel 4 183,750 SF 300 000 SF 1,969500 SF 200 Rooms Latest Approval- NOpe 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 N 1,700000 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 I{DJ ~ & n IH fnl WJj ~'6 mB &/ DEPARTMENT OF DEVELOPMfNl/ 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 . . . . 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 684.4J030 Sincerely OFFICE OF THE COUNTY ENGINEER /V). Masoud Atefi, M Project Reviewe cc: Pinder Troutman Consulting Inc. File: General - TPS - Mun - Traffic Study Review F'\TRAFFIC\ma\Admin\Comments\060537.doc EXHIBIT "F" CondItIons 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 in a letter dated June 26, 2006 to Eugene GerlIca, applIcant. The applicant must IdentIfy a strategy to rmtIgate any Identified traffic problems, and provIde surety to the CIty for any necessary rmprovements at the mtersections of Quantum Boulevard With Gateway Boulevard and Quantum Boulevard with Congress Avenue, prior 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 denial 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 FORESTERJENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments. 3 The elimination 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 ComrmsslOn supports and approves this NOPC request, staff X recommends that the approval exclude the dwelling umts mtended for a potentIal Tri-RaiVTOD 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 Planning and Development Board rejected all conditions of approval. X ADDITIONAL CITY COMMISSION CONDITIONS Comments. 7 Subject to the reqUIrement that 400 units of the 800 requested would be X lImIted to lots 17,52,58, plus the two lots to be created by a planned abandonment, lots 102 and 103 S:\Planning\SHARED\ WP\PROJECTS\Quantum Park Amendment #1 6\COA DRIA.doc 1 ORDINANCE NO 06- 2 AN ORDINANCE OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AMENDING ORDINANCE NO. 84- 4 51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF 5 BOYNTON BEACH BY ADOPTING AN AMENDMENT 6 TO THE QUANTUM PARK DEVELOPMENT OF 7 REGIONAL IMPACT, KNOWN AS THE QUANTUM 8 PARK DRI DEVELOPMENT ORDER, BY MODIFYING 9 THE MASTER PLAN TO INCREASE THE NUMBER OF 10 DWELLING UNITS PERMITTED UNDER THE 11 DEVELOPMENT ORDER FROM 1105 TO 1905 12 DWELLING UNITS, PROVIDING FOR A SAVINGS 13 CLAUSE, REPEALING PROVISION, AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 17 WHEREAS, Quantum Park of Commerce ("Quantum Park PID") IS a partIally built- 18 out Development of RegIOnal Impact ("DRI") compnsed of 553 13 acres, zoned Planned 19 IndustrIal Development ("PID"), and located on the west SIde of Interstate 95, from Miner 20 Road extended south to the Boynton C-16 Canal, and 21 WHEREAS, MFT Development, Inc. IS requestIng an amendment to the Quantum 22 Park DRI Development Order, adopted by the CIty ComnussIOn of the City of Boynton 23 Beach December 4, 1984 under OrdInance No 84-51, and subsequently amended by 24 OrdInance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54, 25 02-54,04-77, and 05-13 (''Development Order"), and 26 WHEREAS, the proposed Amendment, referred to as Amendment #16 proposed 27 amendIng the Master Plan for Quantum Park to allow an Increase in the number of dwelling 28 units permItted under the Development Order from 1105 to 1905 dwelling units on the real 29 property located in Palm Beach County, Florida, as more particularly described in the 30 attached ExhibIt "A", and Page 1 1 WHEREAS, MFT Development, Inc. has submitted a NotIce of Proposed Change 2 ("NOPC") in accordance WIth the requirements of Section 38006(19), Flonda Statutes, said 3 NOPC to be reviewed by the Flonda Department of CommunIty AffaIrS ("DCA"), the 4 Treasure Coast Regional Planning Council ("TCRPC"), and the City; and, 5 WHEREAS, the CIty CommiSSIOn of the CIty of Boynton Beach, Flonda (heremafter 6 CIty CommISSIon), the governing body of the local government havmg JurisdIctIOn, pursuant 7 to SectIon 380 031 and 380 06, Flonda Statutes, IS authonzed and empowered to conSIder 8 NOPCs; and 9 WHEREAS, the pubhc notIce reqUIrements of SectIon 166041, Flonda Statues, and 10 SectIon 380 06(7), Flonda Statutes, have been satIsfied and notIce has been gIven to the 11 Department of Commumty Affmrs and the TCRPC; and 12 WHEREAS, tins CIty ConumsslOn has reviewed tlns matter on August 1, 2006, and 13 on August 15, 2006, held a duly notIced pubhc heanng on the ApplIcatIon, and has heard and 14 considered the testnnony taken thereat; and 15 WHEREAS, the Treasure Coast RegIonal Planmng Council has reVIewed the NOPC 16 and pursuant to the procedures of SectIon 38006, Flonda Statutes has determmed that the 17 proposed changes will not create addItional regIonal nnpacts, and 18 WHEREAS, tins CIty CommIssion has receIved and considered the report and 19 recommendations of the Planning and Development Board of the CIty of Boynton Beach, and 20 WHEREAS, tlns CIty CommIssIon has made the follOWIng FINDINGS OF FACT 21 AND CONCLUSIONS OF LAW with regard to the MFT Development, Inc. application for 22 an amendment to the Quantum Park DR! Development Order; Page 2 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The foregomg "Whereas" clauses are true and correct and mcorporated Section 1. herem by thIS reference. SectIOn 2. That the City COImmSSIOn of the City of Boynton Beach, Flonda makes the following findings of fact regardmg the Notice of Proposed Change submitted by MFT Development, Inc., the "Master Developer" related to the an amendment to the Quantum Park Development of RegIOnal Impact, prevIously approved by Ordmance No 84- 51, and subsequently amended by Ordmance Nos. 86-11, 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 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 recognIzed by the legislature as an adVISOry polIcy document for the entire State of Flonda, and the proposed development does not unreasonably mterfere with the aclnevement of the objective oftlns adVISOry polIcy document; C The proposed amendment to the Development of RegIOnal Impact (DR!) 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 herein, and Part III, Land Development Regulations, of the City of the Boynton Beach Code of Ordinances, 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 Planning 3 Counctl pursuant to Section 38006(8), Flonda Statutes. 4 CONCLUSIONS OF LAW 5 It IS hereby determmed by the City ComnllsslOn of the City of Boynton Beach, 6 Flonda, in a publIc meetmg, duly constituted and assembled tills 15th day of August, 2006, 7 that the Notice of Proposed Change to the Quantum Park Development of Regional Impact 8 submitted by the Master Developer IS hereby ordered Approved, subject to the proVIsions of 9 thIs Ordmance and the CondItions of Approval attached hereto as ExhibIt "B", and 1 0 Incorporated herem by reference. 11 1 That tills amended DR! Development Order shall constitute the Development Order 12 of thIs COnnnISSlOn Issued in response to the Notice of Proposed Change for the 13 Quantum Park DR! filed by the Master Developer 14 2 That the defimtIons found In Chapter 380, Flonda Statutes shall apply to thIs 15 amended DR! Development Order 16 3 That the Development Order shall be amended to modIfy the Master Plan of the 17 Quantum Park DR! Development Order, as follows. 18 19 20 21 22 23 24 25 26 27 28 a. The Master Plan deSIgnation of the maximum number of dwellmg umts allowable WIthin the areas designated for "Mixed Use (MU)" development shall be Increased from 1,105 to 1,905 dwellIng umts, b The Master Plan designation of Lots 17 and 52 as OfficelIndustrial and Industnal with Retail Sales (01 & IND/R) shall be changed to Mixed Use (MU); c. The Master Plan designation of Lot 58 as OfficelIndustrial (Oil) shall be changed to Mixed Use (MU), Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 d. Authonze the creatIon of Lots 102 and 103 followmg the abandonment of the remaimng portIon of Quantum Lakes Drive, 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) e. ElIminate Note #3 on the Master Plan mdicatmg "Total Vested Trips for the Project shall remam 63,752 ADT", and adoptmg FDOT accepted traffic standards, f. ElImmate Note #4 on the Master plan mdIcatmg "BUIldmg heIght shall not exceed 60 feet m Mixed use areas" 4 That thIs amended DR! Development Order shall be bmding upon the Master 15 Developer and Its asSIgnees or successors m mterest. It IS understood that any 16 reference herem to any governmental agency shall be construed to mean any future 17 mstrumentalIty wInch may be created and designated as successor m interest to, or 18 wInch otherwIse possesses any of the powers and dutIes of any referenced 19 governmental agency m eXIstence on the effectIve date of tIns amended DR! 20 Development Order 21 5 That m any event that any portIOn of section of tIns amended DR! Development 22 Order IS determmed to be mvalId, illegal or unconstItutional by a court of competent 23 Junsdtction, such deCIsion shall m no manner affect the remaimng portIons or 24 sectIons of thIS amended DR! Development Order, wInch shall remain m full force 25 and effect. 26 6 That the approval granted by thIS amended DR! Development Order is conditional. 27 Such approval shall not be construed to obVIate the duty of the Master Developer to 28 comply with all other applicable local or state penmtting procedures. Page 5 1 7 The amendments proposed by the Master Developer do not create any addItIonal 2 Impacts and therefore do not constItute a substantial deVIation under Chapter 380 06, 3 Flonda Statutes. 4 8 Actual development phasmg WIll depend upon economIc circumstances and Master 5 Developer's mtemal busmess growth. Any proposed development described m the 6 NotIce of Proposed Change are for plannmg purposes only and the actual 7 development schedule may vary therefrom. 8 9 The amended DR! Development Order set forth m Section 1 hereof shall become 9 effectIve upon adoptIon of the ordmance amending the maxImum number of 10 dwellmg units allowable wltlnn the areas designated for "Mixed Use (MU)" from 11 1,105 to 1,905 dwellmg umts m the Master Plan, prOVIded such date shall be 12 extended untIl completIon of appellate procedures, if any, relatmg to the Issuance of 13 this amended DR! Development Order 14 10 CopIes of this Ordmance mcorporatmg the amended DR! Development Order 15 amendmg the land use deSIgnation of the subject property to Development of 16 RegIonal Impact shall be transmItted immedIately by certified mail to the DIVIsion of 17 Commumty Planmng, the Treasure Coast RegIonal Planmng Council, and the Master 18 Developer 19 11 Except as otherwise amended herein, the Development Order shall remmn m full 20 force and effect. 21 Section 3. Except as provided herem, the Master Developer shall proceed in stnct 22 accordance WIth all ordmances of the city of Boynton Beach, including, but not limIted to, ItS Page 6 1 buIldmg, electrical, plumbing, subdIVIsIon, plannmg and zomng codes, and all rules and 2 regulattons of the State of Florida Department of EnVIronmental Protection. 3 Section 4. That should any sectton or provIsIon of tlus Ordmance, or any portIon 4 thereof be declared by a Court of competent JurisdIctIon to be invalId, such decIsIon shall not 5 affect the remamder of thIS Ordinance. 6 SectIon 5. All ordmances or parts of ordmances m conflICt herewith are hereby 7 repealed. 8 SectIOn 6. Tlus ordmance shall become effectIve Inllnedlately upon ItS passage. 9 FIRST READING tIns day of , 2006 10 SECOND READING and FINAL PASSAGE thIS day of , 2006 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor 15 16 17 Vice Mayor 18 19 20 CommiSSIOner 21 22 23 ConnmssIOner 24 25 26 Commissioner 27 ATTEST 28 29 30 31 City Clerk 32 33 34 H:\1990\9001g2.BB\ORD\Quantum DR! Amd NOPC16.doc Page 7 t 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 IZI August I 2006 July 17 2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon) 0 August IS, 2006 July 3 I 2006 (Noon) D October 17 2006 October 2,2006 (Noon) 0 September 6, 2006 August 14 2006 (Noon) D November 8, 2006 October 16,2006 (Noon) 0 September 19 2006 September 5, 2006 (Noon) D November 2 I 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM D Consent Agenda IZI Legal 0 Code Compliance & Legal Settlements D Unfinished Busmess IZI Public Hearing 0 RECOMMENDATION Please place this request on the August 1, 2006 City Comrmssion Agenda under Public Hearing and Legal, Ordinance - First Reading to be combined with the corresponding DRIA item. The Planning and Development Board, on July 25,2006, subject to requiring the developer and/or occupants of Quantum Park to provide traffic signals, if warranted, at the Quantum Boulevard - Congress A venue and Gateway Boulevard - Quantum Boulevard intersections, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No 06-143 EXPLANATION PROJECT AGENT OWNER: LOCATION DESCRIPTION Quantum Park NOPC #16 (MPMD 06-003) Eugene A. Gerlica, Quantum Group of Companies MFT Development, Inc. West side ofI-95 between Miner Road and the Boynton (C-16) Canal Request for Master Plan Modification approval, in part, to allow an increase in the maximum number of dwelling units allowable from 1,105 to 1,905 units and change in designation oflots 17,52,58, 102 and 103 to Mixed Use (MD). PROGRAM IMPACT FISCAL IMP ACT ALTERNATIVES: Develop City Manager's Signature ~ _ ~#WL ..,/' Planning and Zoning D ctor City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\Agenda Item Request Quantum Park NOPC #16 MPMD 06-003 8-15-06.dot Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ({( 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 Meeting Dates in to City Clerk's Office [gJ August 1 2006 July 17 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) 0 August 15,2006 July 31 2006 (Noon) 0 October 17 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14 2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19 2006 September 5, 2006 (Noon) 0 November 21 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [gJ Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business [gJ Public Hearing 0 RECOMMENDATION Please place this request on the August 1,2006 CIty CommissIOn Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reconnnended that the subject request be approved, on July 25, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-143 EXPLANATION PROJECT AGENT OWNER: LOCATION DESCRIPTION Quantum Park NOPC #16 (DRIA 06-001) Eugene A. Gerlica, Quantum Group of Companies MFT Development, Inc. West side ofI-95 between Miner Road and the Boynton (C-16) Canal Request for Development of Regional Impact Amendment (DRIA), in part, to allow an increase in the maximum allowable dwelling units from 1,105 to 1,905 units. PROGRAM IMPACT FISCAL IMP ACT ALTERNATIVES: Developme City Manager's Signature ~ M ~ML.. ./ Planning and Zonin irector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\Agenda Item Request Quantum Park NOPC #16 DRIA 06-001 8-15-06.dot Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-143 FROM Chair and Members Planning and Deve-0ment Board Michael RU~(,l Planning and Zoning Director Ed Breese ~ Principal Planner TO THROUGH DATE July 12, 2006 SUBJECT Quantum Park - DRIA 06-001/MPMD 06-003 Master Plan Amendment #16 NATURE OF REQUEST Quantum Park of Commerce (a k.a. Quantum Park PID) is a nearly built-out Development of Regional Impact (DRI) comprised of 553 13 acres, zoned Planned Industrial Development (PID) It is located on the west side of 1-95, between Miner Road extended and the Boynton (C- 16) Canal (See attached Exhibit "A" - Location Map) The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (0 0) adopted December 4, 1984 by Ordinance No 84-51 The original 0 0 has been subsequently amended 14 times by Ordinance Nos 86-11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05, 00- 02, 01-54, 02-54, 04-77 and 05-13 The City Commission denied Amendment #11 on February 20, 2001 The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan Amendment #16 proposes amending the maximum number of dwelling units allowable on parcels designated for Mixed Use (MU) from 1,105 to 1,905 dwelling units in the Master Plan, as well as amending the existing use designations on several lots in the Master Plan The requested changes are depicted in Exhibit "C"- Proposed Master Plan and described as follows 1 ) Change in the Master Plan designation of Lots 17 and 52 from Office/Industrial and Industrial with Retail Sales (01 & IND/R) to Mixed Use (MU), 2) Change in the Master Plan designation of Lot 58 from Office/Industrial (0/1) to Mixed Use (MU), 3) Increasing the maximum number of residential units by 800, from 1,105 to 1,905, 4) Creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard Providing a Master Plan designation of Mixed Use (MU) for both lots, 5) Elimination of Note #3 on the Master Plan indicating "Total Vested Trips for the Project shall remain 63,752 ADT", and adopting FOOT accepted traffic standards, Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 6) Elimination of Note #4 on the Master Plan indicating "Building height shall not exceed 60 feet in Mixed Use areas", since it is no longer a valid statement and not appropriate for inclusion on the Master Plan BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380 06 (19) - Substantial Deviations The applicant has submitted a Notice of Proposed Change (NO PC) in accordance with the statutory requirements The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City The DCA and the TCRPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380 06 (19) The City's Land Development Regulations Chapter 1 5, Sec. 4 3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI Chapter 380 06 F S requires that the local governing body hold a public hearing to review and approve the NOPC The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380 06 (19) If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on February 15, 2005 The subject Amendment #16 proposes to amend the maximum number of dwelling units allowable within the areas designated for Mixed Use (MU) in the Master Plan as well as change in use designation on several lots Therefore the review of the DRI amendment also constitutes a review of the change to the Master Plan for Quantum Park. In addition to State Statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval First review comments were generated and the Technical Advisory Review Team (TART) reviewed the Master Plan change on June 27 2006 ANAL YSIS Notice of Proposed Chanae (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380 06 (19) In reviewing the statute section staff determined that two (2) of the criteria apply to the proposed change for Quantum Park DRI This criterion which is applicable for review of this proposed change is provided in Chapter 380 06(19)(e)5 which states "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation Such presumption may be rebutted by clear and convincing evidence" 2 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 1 Chapter 380 06(19)(b)9., An increase in the number of dwelling units by 5 percent or 50 dwelling units, whichever is greater The proposed change entails the addition of 800 residential dwelling units to the1, 105 currently approved, for a total of 1,905 dwelling units. The proposed modification exceeds the thresholds outlined above However, the change also eliminates industrial potential on Lots 17 and 52. Although the project exceeds the maximum dwelling units for a non-substantial change determination the Treasure Coast Regional Planning Council, in their review of the proposed amendment and discussions with the Department of Community Affairs, has determined the proposed change could be reviewed under the guidelines of Chapter 380 06(19)(e)5 c., due to the fact that no new or additional regional impacts appear evident as a result of the proposed change 2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380 0651 (3)(c) , (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart" The applicant has provided an updated chart. Since Amendment #16 involves changes to land use categories, including an increase to the Mixed Use (MU) category by 18 58 acres, while commensurately decreasing the Office/Industrial (01) and Officellndustrialllndustrial with Retail sales (01 & Ind/R), the provision appears to be met. Associated with the requested use designation changes, the applicant is also requesting to remove Note #3 on the Master plan stating "Total Vested Trips for the Project shall remain 63,752 ADT" Essentially, that note indicates that the DRI has a vested traffic generation level of 63,752 average daily trips (ADT) The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., has proposed to update the DRI to today's accepted criteria (by FDOT and the County alike) for determining traffic impact, the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) As such, the traffic consultant estimates a decrease in the number of peak hour trips as a result of this amendment. Conclusion The proposed changes delineated in Amendment #16 are determined not to be a substantial deviation per Chapter 380 06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding This determination is subject to satisfying Condition of Approval #1 regarding Palm Beach County Traffic Performance Standards Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DRI There are six (6) major changes proposed The applicant provided the following descriptive summary of these changes 3 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 Lots 17 and 52 (7.8 Acres) These lots are currently designated as "Office/Industrial and Industrial with Retail Sales (01 & IND/R)" Land Use The Land Use would be revised to "Mixed Use (MU)" Lot 58 (4.93 Acres) This lot is currently designated as Office/Industrial (01) Land Use The Land Use would be revised to Mixed Use (MU) Increasinq the maximum number of residential units bv 800. from 1.105 to 1.905 The maximum number of allowed dwelling units would be increased to 1,905 on lots designated Mixed Use (MU) on the Master Plan Creation of Lots 102 and 103 and orovidinq a Master Plan desiqnation of Mixed Use (MU) for both lots The creation of Lots 102 and 103 would occur through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and be designated Mixed Use (MU) Elimination of Note #3 on the Master Plan indicatinq "Total Vested Trios for the Proiect shall remain 63.752 ADT" The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) Elimination of Note #4 on the Master Plan indicatinq "Buildinq heiqht shall not exceed 60 feet in Mixed Use areas" The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005 The Quantum Park DRI has been amended 14 times over the years, which is not unusual for a DRI of this type The Florida Statute governing the DRI process, Chapter 380 06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions" During the review of NOPC #10 in the year 2000, staff expressed opposition to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land, especially larger tracts that could accommodate business and industry that creates jobs, generates substantial property taxes and requires fewer City services, was in short supply At that time, the applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use to a maximum of 1,000 dwelling units in an effort to address staff's fears of the loss of industrial land 4 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 The applicant subsequently submitted NOPC #15 in 2005 for an additional 105 dwelling units In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as Mixed Use (MU), which did not entail any further conversion of industrial land Now the applicant has submitted NOPC #16, which proposes to add 800 additional dwelling units, an increase in the maximum allowable from 1,105 to 1,905 units within Quantum Park. Additionally, the request includes the conversion of two (2) more vacant lots with industrial potential (Lots 17 and 52 - a total of 7 8 acres) to Mixed Use (MU) and the conversion of two (2) roadway tracts to the Mixed Use (MU) designation This would appear to place staff in the same position it argued back in 2000, opposing any further conversion of industrial potential properties to residential purposes The proposed change to the Master Plan was analyzed from three perspectives The first is the potential for creating additional regional or local impacts The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan Finally, the application was reviewed against certain criteria used when analyzing rezoning requests relative to necessity Impacts Reoional A development has gone through the DRI process because the projected impacts are considered regional in nature Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any lot. Staff conducted a cursory review of the traffic study during the Technical Advisory Review Team (TART) process Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval The applicant's traffic consultant, Pinder Troutman Consulting, Inc. has, as part of this amendment process, proposed to update the DRI to conform with the accepted criteria (utilized by FDOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) Based on the TART review of the Master Plan, including the traffic study, no additional regional impacts are evident. The consultant notes that the Master Plan adopted in 1997 established the thresholds of development or the maximum square footage for each land use, which could not be exceeded As a result of the proposed change, Peak Hour Trips generated by these land uses depicted in the Master Plan become the benchmark for measuring traffic and the associated impacts of any change Pinder Troutman's traffic analysis indicates that the proposed land uses contemplated in NOPC #16 would be estimated to generate 5,809 AM Peak Hour and 7,202 PM Peak Hour trips, representing a decrease of 1,138 AM Peak Hour and 856 PM Peak Hour trips when compared with the original Application for Development Approval (ADA) 5 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 In a letter dated June 26, 2006, The Florida Department of Transportation stated that they have no objection to NOPC #16, only that they recommend the Traffic Signal Warrant studies for the intersections of Quantum Boulevard with both Gateway Boulevard and Congress Avenue be conducted by the applicant, in compliance with a Development Order condition of approval under Ordinance 01-54 (see Exhibit "0") The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional information, prior to formal response (see Exhibit "E"). The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively Staff has not yet received a formal written response from DCA, however TCRPC has responded that they have not identified any new or additional regional impacts resulting from the proposed amendment. Typically, the proposed addition of 800 new dwelling units to the DRI would constitute a Substantial Deviation under Section 380 06(19)(b)9 of the Florida State Statutes, a finding which would cause the development to be subject to further DRI review Based upon their discussion with DCA, the Treasure Coast Regional Planning Council (TCRPC), having not identified any regional impacts indicates that the City could conclude the same, under Section 380 06(19)(e)5 c. Florida Statutes, and it could make a finding that would allow the proposed change to proceed without further DRI review The Treasure Coast Regional Planning Council (TCRPC) also notes that it has been working with the City, County, applicant and the South Florida Regional Transit Authority (SFRTA) on creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. They indicate approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRT A to make the necessary changes to the development order in the near future to accommodate the TOO The applicant has indicated to staff that part of their intent to request an increase in the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRTA were in agreement on proceeding on a deal However, staff is very hesitant to recommend for this change, when the 800 residential units being requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation If for any reason a deal to accommodate the TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments to lots with industrial potential in order to accommodate the then vested residential units Local The focus of the substantial deviation determination is regional impacts The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City As such, the City's main focus is local issues and impacts. During the TART process, there were local issues identified by the members The Traffic Division of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum Lakes Drive and the reallocation of traffic to Quantum Boulevard Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures Therefore, staff recommends a traffic study be prepared by the applicant, evaluating those impacts (see Exhibit "F" - Conditions of 6 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 Approval) Staff also notes that no formal abandonment applications have been submitted concurrent with this NOpe request. The applicant has indicated that abandonment petitions would be submitted in the future, as part of the site plan review process for adjacent lots. With the lack of a traffic study addressing Public Work's concerns over intersection impacts associated with proposed roadway abandonments, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU) The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer Drainage impacts will be reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities Consistency and Compatibility with City Policies Certain aspects of the change proposed by the applicant present issues that appear contrary to City policies The proposed changes are discussed below' Lots 17 and 52 (7.8 Acres). These lots are currently designated as "Office/Industrial and Industrial with Retail Sales (01 & IND/R)" Land Use The Land Use would be revised to "Mixed Use (MU)" As noted earlier, during the review of NOPC #10, staff was opposed to the conversion of valuable industrial land to residential uses The City had considerable acreage for residential purposes, but the amount of vacant industrial land that could accommodate business and industry, which create jobs, generates substantial property taxes and requires fewer City services, was in short supply The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use in an effort to address staff's fears of the loss of industrial land The applicant subsequently submitted NOPC #15 in 2005 to add 105 more dwelling units In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as "Mixed Use (MU)", which did not entail any further conversion of industrial land Staff did not oppose that amendment, since no lots with industrial potential were requested to be converted to Mixed Use (MU) However, now the applicant has submitted NOPC #16, which proposes to convert 7 8 more acres with industrial potential to Mixed Use (MU) In 2005, the City contracted with a professional planning consultant, Michele Mellgren & Associates, to prepare an analysis of the M-1 (Industrial) Zoning District and make recommendation The consultant generally recommended that the City preserve its remaining industrial zoning and more specifically recommended that the City' 1 Amend the comprehensive plan to include one or more goals, objectives or policies that would strongly discourage or prohibit the conversion or use of industrial land, to or for non-industrial uses 2. Amend the regulations of the PID district, as appropriate, to prohibit any additional residential uses 7 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 The City has since issued an RFP (Request For Proposals) to hire a consultant to implement the recommendations of the study and prepare appropriate code amendments. The results of the RFP's are to be presented to the Commission in August, for selection of the consultant. Policy 1 19 4 of the Comprehensive Plan states, "The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkages between complementary industries" The continued conversion of industrial potential property within Quantum Park, especially conversion to residential uses, appears to directly contradict City policy, and place greater burden on City services, almost always with loss in City tax revenue Additionally, IPARC is partnering with the Economic Development Research Institute (EDRI) to request bids from economic development and planning professionals to prepare a study documenting the importance of having land designated for industrial use and strategies to preserve, promote and manage light-industrial development. This initiative is a result of the concerns expressed at various levels of government and business in Palm Beach County regarding the number of amendments to Comprehensive Plan Future Land Use Maps that have reclassified industrial lands for residential use The need for industrial space is not expected to diminish The City regularly receives inquiries from the Business Development Board, realtors and businesses looking to relocate One example is the breath freshener business (Health-Tech Inc.), which just leased 30,000 square feet in Quantum Park, and plans to hire 40 to 50 workers Industrial uses generally provide higher paying jobs than commercial/retail businesses, which not only benefits the City, but residents seeking employment as well Additionally, staff acknowledged the retail potential of parcels along Gateway Boulevard and supported a previous amendment request by the applicant to allow a retail component to a principal industrial use Staff reasoned that it needed to make a concerted effort to retain and attract industrial tenants, rather than entertain a potential request to eliminate the industrial land use for commercial or mixed use all the way along Gateway Boulevard Since the year 2000 approximately 93 acres within Quantum Park and along South Congress Avenue have been converted from industrial land use or zoning districts to residential use or Mixed Use (MU) This has greatly reduced the ability of the City to attract spin-off businesses from Scripps, start-up businesses or companies looking to relocate If the requested amendment is approved, the number of acres within Quantum Park with a Mixed Use (MU) land designation will be 113 44 acres out of 553 13, or 20% of the property, which exceeds any other land use designation within the park. Lot 58 (4.93 Acres). This lot is currently designated as Office/Industrial (01) Land Use The Land Use would be revised to Mixed Use (MU) This particular lot is currently developed with an office building, which obviously precludes the industrial potential for the parcel under the present design However in times of demand, buildings and sites are redeveloped to reflect the need or trend at that time The applicant is proposing the Mixed Use (MU) designation for the lot, potentially contemplating a higher and better use than that in place 8 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 Increasinq the maximum number of residential units by 800, from 1,105 to 1,905. The applicant is proposing to increase the maximum number of allowed dwelling units to 1,905 on lots designated Mixed Use (MU) on the Master Plan Staff reviewed the request for 800 additional residential units in the context of opposing further conversion of parcels with industrial potential to Mixed Use (MU) In conducting the review, staff researched the total combined units represented by those existing within or approved for the immediately surrounding area. The currently approved, but unconstructed residential units in Quantum Park, existing and approved for the Renaissance Commons SMU, approved for the Boynton Village SMU, and approved at High Ridge Road and Miner Road total 3,106 units Additionally recently approved or built commercial/office square footage in Quantum Park and the immediate area (Quantum Park Village North and South projects, Renaissance Commons and Boynton Town Center and Boynton Village) exceeds 900,000 square feet. Such approvals are less than 50% complete and therefore represent lands or space available elsewhere for the proposed uses With this number of dwelling units coming on line, and the nearly one million square feet of commercial/office uncompleted, there does not appear to be justification for the request to "rezone" land designated for industrial and/or office uses to residential/commercial use Staff supports the concept of creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site The Treasure Coast Regional Planning Council (TCRPC) indicates approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site This concept makes sense for three reasons First, the Tri-Rail site has a Governmental & Institutional (G&I) land use designation and would not decrease industrial potential Second, it creates a multi-modal hub and reduces potential reliance upon the automobile Thirdly, it creates a great opportunity to provide workforce housing As noted earlier, TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRT A to make the necessary changes to the development order in the near future to accommodate the TOO The applicant has indicated to staff that part of their intent with requesting the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRT A were in agreement on proceeding on a deal Staff is very hesitant to recommend for the change, when the 800 residential units requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation If for any reason a deal to accommodate a TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments in order to accommodate the then vested residential units. Creation of Lots 102 and 103 and orovidinq a Master Plan desiqnation of Mixed Use (MU) for both lots. The applicant proposes creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and designate them Mixed Use (MU) As noted earlier, the Traffic Division of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum Lakes Boulevard and the reallocation of traffic to Quantum Boulevard Therefore, they recommend a traffic study be 9 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 prepared on the part of the applicant, evaluating those impacts. Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures. Since no formal abandonment applications have been submitted concurrent with this NOPC request, and with the lack of a traffic study addressing Public Work's and Palm Beach County concerns over intersection impacts, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU) Staff would recommend re-evaluation of the request in a future NOPC request, once the appropriate traffic studies are concluded, mitigation measures, if any, conducted and formal abandonment applications submitted Since the applicant indicates they intend to submit a follow-up NOPC request involving the TOO request at the Tri-Rail Station, this should not be an inconvenience on their part. Elimination of Note #3 on the Master Plan indicatinq "Total Vested Trips for the Proiect shall remain 63.752 ADT'. The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT) Elimination of Note #4 on the Master Plan indicatinq 'Buildinq heiqht shall not exceed 60 feet in Mixed Use areas". The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005 In each case of the requests to eliminate notes from the Master Plan, staff views these proposals as housekeeping matters and does not object to their elimination FOOT did not raise any concerns with the conversion of trip calculations to AM and PM Peak Hour and the discussion of building heights is better left to the Code of Ordinances. With that said, staff recommends approval of the request to remove Notes #3 and #4 Conclusion Staff concludes that the request to amend the land use designation on Lots 17, 52 and 58 is not in the City's best interest. Throughout this report, staff has noted the desire to retain the industrial potential on the parcels The need to be able to attract and retain light industry is important to the community and acknowledged by the consultant hired by the City Commission to study the M-1 zoning district. The consultant recommended a halt to further conversions of industrial land to residential uses Additionally, when analyzing the request within the scope of Quantum Park as a whole, these individual, disjointed lots are less than five (5) acres each, which would appear inadequate for the development of a first rate, well-integrated mixed use project. The other mixed use projects in Quantum range from 14.2 acres to 265 acres Staff is very hesitant to support an increase in the maximum number of allowable residential units in the DRI, when the 800 residential units requested to be added, cannot currently be accommodated on the lots with Mixed Use (MU) designation If the requested amendment included the Tri-Rail parcel, in preparation for a Transit Oriented Development (TOO) including an increase in the corresponding dwelling units, staff would have supported that component of the request. Without this component, the request for a 72% increase in the number of residential units does not appear to be justified As such, staff recommends denial of the request for 800 additional residential units. Relative to the proposed request to establish two (2) new narrow parcels (Lots 102 and 103), from existing rights-of-way that the applicant intends to abandon, staff has expressed concerns 10 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 related to the potential effects on traffic patterns City Engineering staff, along with Palm Beach County Traffic Engineering and FOOT, recommends that the applicant, to ensure acceptable levels of service and safe operating conditions, conduct a traffic analysis, including necessary mitigation measures. Without the traffic study, staff cannot support this request. The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are viewed by staff as a housekeeping matter, and as such, staff recommends their approval In conclusion, staff recommends the applicant withdraw this application and bring forward a new NOPC (Notice of Proposed Change) to the DRI, under the following conditions 1 The Tri-Rail site is made part of the application, incorporating a Mixed Use designation, with only the additional units conceptualized for the TOO included 2. A traffic study as requested by the City, County and State is submitted, including intersection analyses and mitigation measures. 3 The submittal of a formal abandonment application should precede any request to create lots within existing right-of-way and provide a use designation 4 The request to convert Lots 17, 52 and 58 to Mixed Use (MU) be dropped from the application, including the additional units not conceptualized for the TOO RECOMMENDATION Pursuant to Florida Statutes, Chapter 38006(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review With regards to the proposed modifications to the Quantum Park Master Plan staff recommends denial of the requested amendments due to the conflicts noted with the City's Comprehensive Plan, its inconsistency with the City's current direction to preserve and expand land availability for light industrial uses, as well as deficient traffic analyses, as noted by City staff, the County and State S;IPLANNINGISHAREDIWPIPROJECTSIQUANTUM PARK 20061NOPC #16+ MPMDlDRIA 06-001lSTAFF REPORT #16.DOC 11 UANT.-M PARK iC III III aI: " Z &:I U . Z J << i ). ,... 2, \, , '\ .1/ , /1 '{ lJ'.~ " f ,', 1 J#. / fil ~iJ i RHD &:I' ll: III " &:I, ~ :t " i' COMMERCE . RD....... E o 190 380 1.140 760 ,Ill ,~ I' ,Z HW13'fH'AV~' l- I- Z i 2 u ti, I- NW 12TH AV :c III ~, ~ III :I: 'l- I- .:1: iIlll iIlll "'" :1:' . "NwfifH.i,;i 0 0 I- , ... cool ... 1-' ~ -"'" ell :t ~ % .... .~ I ~ n r!!l n ~, z z ... ... Z EXHIBIT A 1520 FN' ..' S ~ ~ ~ i -< . .g 5" NO , ",c .:~g$! g~g~ --<~;:: ~o ~z r S"'~ii: ~~i~ "".1'1'10 ~~~"U ~~;o~ ~ g~ z! g~~~ .:::.~~~ ~ O~ I -!=' ~ ~nn i i i ~ ii i j i II i! Ii ~ ~ ~ ~ I j ~ ~ s ~ Ii ~ ~ hilI : III 5 ~ i ~ ~ ~ ~ ~ ~~ 8 ~ Ii I ~ Iii lia ~ ~ ~ a ~ ~ !!i Ii s~ ~; I ! ~ ~ 8~ B ill ~ ~~ Ii ~ i I ~ I ~~ ~ ~ I ~ i ~~ ~ f ~ ji ~ ~ ~ I ~ ; ~ EXl-1lwtT B EXISTING MASTER PLAN CONGRESS A VENUE ; " " . e -- IWIAGbDIT ; '- I ; o n ~ n )> z r- "'12 " . ; . g ~ c! ~ i g z o 10 -< ~ I a ~>~~~ i"'~~QQQQO"zo ~ ~ ~Gi~b ~ !J1;:lcR':>:o R'o~ ::;j CJl lQ ~g~ z - i: ~ ~'" Sf )> ~ ~ ~ Sll~; 0 ,., ." ,., LLLY '" ,., x I'l :>: ~ii~~ ffi '" =l i'ii i . ~ '" ..- u;g '" '" ~ :'-'ou "'..- ~ '" "'....'" :... [5 g:~~ t.J.:....tn ." '" '" .."'''' ~ )> )> )> )>>> >>)> n n n Q!;l!;l !;lon '" '" '" "'''' ,., ,., ,., "''''''' ,.,"'''' CJl III III IIlCJlCJl IIlCJlIll ~ ~ I;j ! h ~ ! 1: <oQ ~~~~Q o~~~~ _";;r '" ~ .... )> z o C I'l )> z o .... o -< z C <: '" ,., '" ~~~3!;l8~ oggg~~5i c- - "'z;;j ~ ~~ ~ ~ ~ 5i~ z ~<< ;;j;;jo ....";;r ~~ ~ ~ ~ >>2:1 0 = ~~ ~ ~ ~ :XO ~::: 00 2 01 '" ::;j r-~ ~ ~ ~ ~ ~ il " !!~ ~ I; ~ .! ~ I 1Il i~ . ~ e~ lIS> ~ ~ ~ lIS> ~ ;~ i ; !l ; !l ~ ;~ ;! E ~ ~ I ~ ~ ~ , I !III f~i. ~. ~e [i~~ ~~~~ (g~ & ~up ~ ~ ~ ! I !!!~i I ~ p~ ~; ~ ~ ~ i ~ "I II ~ II ! !I! - Ii I '" ~ j( ii ; I I I ~ III q 8 -; g i ); ~ 8 ~ 8 j Ii li: ~ ! :ih i I I f ~: I . X ~i I ~ c :~ ~ e ~ if ~ ~ ~ i i! ; ~ EXH T C PROPOSED MASTER PLAN CONGIlDS A\'lNUE . - " . 1_1IJt~ I -R ..~ "'2 " . . . at ~~~; @ ~ i I ~ o ~!;~~~ (I];o~~QQQQOc)ZO I ~ ~~~h ~ ~~?c~:I:O A'O~ (I)> - - :::J III " Z z \i! "0 ~ g ~ > g "0 lW1 '" '" III '" '" ~ '" ...... t::$.of~ __mtO...& " ON I'...HfI.....,~ m om ..0..... w~-"ln ... 0'" .....'" mfDmua > >)> )>)>)> >>>> 0 00 s;J~~ 0000 '" "'''' ;:0;:0;:0::0 '" "'''' ,..,,..,fTlJT1 III III III G)(I)UJ (J)Ul(l)U) 'O"~~~Q O~~~8 "'Q ::'?a ~ r- I ,. Z OOOo(;')z 0 C ~~~31~g III '" !"l!"l"" ~~~ ,. z ~~ ~ ~ ~ 0 r- ~~z >!. 0 ~~ 0 r-'?a -< z ~~ ~ ~ ~ c ~ og, ~ ,.,.- ~ zz" ~~ '" 00 r- IO :::J~ 00 2" ;;1~ :::J r-~ \i! '" '" 0 (:. ~ JEB BUSH GOVERNOR ~ Florida Department of Transportation PLANNING AND ENVIRONMENTAL MANAGEMENT DISTRICT 4 3400 West Commercial Blvd., R. Lauderdale, FL 33309-3421 Telephone (954) 777-4601 Fax (954) 777-4671 Totl 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 (DRI) City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) No. 16 EXHIBIT 0 DENVER J. STUTLER, JR. SECRETARY ~ e~r"C~~'" j'~1F'l R _.._~~VbW jUN ? R 700~ TRE:...3UM[: (CAST REGiONAL PLANNING COUNCli 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) (2/15/2005) 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 Him School NA 2,500 students Auto Dealership NA 53,072 sf Movie Theater NA 4,000 seats Restaurant- High Turover NA 28,400 sf Restaurant - Quality NA 69,250 sf Convenience Store/Gas NA 3,054 sf Ice Skating Rink NA 93,430 sf www.dot.state.f1.us * RECYC..ED PAPER Mr Michael J Busha June 26, 2006 Page 2 In this NOPC, the applicant proposes the following changes: 1 Increase the maximum number of resIdential units within the Mixed Use area from the currently approved 1,105 units to 1,905 units, an increase of 800 dwellmg units. 2. Re-deslgnate lots 17,52,58, and 103 from theIr currently approved land uses to Mixed Use. Lots 17 and 52 are currently approved for OfficelIndustrial wIRetail Sales. Lot 58 is currently designated as OfficelIndustrial. 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 DRl. 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 15, on December 1,2005, 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 mcluded a trip generation comparison analysis between the original (ADA) and proposed land uses for the Quantum Park DRl. The results of a trip generation comparison indicated that the proposed development plan 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 NOPC. 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 A venue, as requIred by Ordmance No 01-54 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. Smcerely, ,~ / tAl I ~dP - Environmental Engineer GS:mmlcw cc: D Ray Eubanks - Community Program Administrator, FDCA Bob Romig - Director, Office of Policy Planning, FDOT Gerry 0 'Reilly - Director of Transportation Development, FDOT John Krane - Transportation Planning Engineer, FDOT Chon Wong - Senior Transportation Speciahst, FDOT S:\OPEMlSYSTEMS PIANNJNG\D4DRlIQUANTUMINOPCI6B.DOC Department of Engineering and Public: Works PO. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www.pbcgov.com . Palm Beach County Board of County Commissioners Thny Masilotti, Chairman Addie L. Greene, Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman An Equal Opportunity Alfirmattve Action Employer" @ printed on recycled paper June 13, 2006 Mr Michael W Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach POBox 310 Boynton Beach, Fl 34425-0310 RE. Quantum Park - NOPC #16 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr Rumpf' EXHIBIT E The Palm Beach County Traffic Division has reviewed the Notification of Proposed Changes to the previously approved pro.ject entitled Quantum Park, pursuant to the Traffic Performance Standards ir. Article 12 of the Paim 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 Latest Approval - NOpe 15 Industrial Retail Office Warehouse Hotel High School Auto Dealership Restaurant - HT Restauran~ - Quality Convenience Store/Gas Multi Family Residential Fire Station Police Station Park & Ride Facility Latest Approval - NOPC 15 Industrial Retail Office Warehouse Hotel High School Auto Dealership Restaurant - HT Restaurant - Quality 4183750 SF 300000 SF 1 969 500 SF 200 Rooms 1 700 000 SF 457,240 SF 637 900 SF 22,700 SF 200 Rooms 2500 Students 53 072 SF 28 400 SF 69 ?50 SF 3 054 SF 1 105 Dwellings 5 500 SF 150 Employees 1,700000 SF 457,240 SF 637 900 SF 22,700 SF 200 Rooms 2500 Students 53 072 SF 28 400 SF 69,250 SF mi ~ & ~ n w ~ fn1 lIL! .JJ4, 6 am@! IL ~FCl.i!TMENTOFDEVEl _I OPM [ N I . 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 Daily 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 / High Ridge Road o Gateway Boulevard / Quantum Boulevard o Gateway Boulevard / 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 THE COUNTY ENGINEER )1/l Masoud Atefi, M Project Reviewe cc: Pinder Troutman Consulting Inc. File General TPS - Mun - Traffic Study Review F'\ TRAFFIC\ma\Admin\Comments\060537.doc EXHIBIT "F" CondItIOns of Approval PrOject name Quantum Park NOPC #16 File number' DRIA 06-001IMPMD 06-003 Reference DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments. None PUBLIC WORKS- Traffic Comments. 1 ProVIde a notIce of concurrency (Traffic Performance Standards ReVIew) from Palm Beach County Traffic Engmeenng. 2. CIty Engmeenng staff agrees wIth the concurrency reqUIrements of the Palm Beach County Traffic DIvIsIOn. Furthermore, the request by the Flonda 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 GerlIca, 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 regardmg dISposItIOn of NOPC #16 Therefore, the Engmeenng staff recommends demal of NOPC #16 UTILITIES Comments. None FIRE Comments. None POLICE Comments None CondItIOns of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I ENGINEERING DIVISION Comments. None BUILDING DIVISION Comments. None PARKS AND RECREATION Comments. None FORESTER/ENVIRONMENT ALIST Comments None PLANNING AND ZONING Comments. 3 The elImmatIon of Quantum Lakes Dnve and Quantum Boulevard, south of 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 recommends that the approval exclude the dwellIng umts mtended for a potentIal Tn-RaIl/TaD project (conceptualized as 500 units) 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. To be determmed. ADDITIONAL CITY COMMISSION CONDITIONS Comments. To be determined. S.\Planning\Planning Templates\Condition of Approval 2 page revised 2003 fonn.doc