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REVIEW COMMENTS Policy 1 19.2 Policy 1 19.3 Policy 1 194 Policy 1 19.5 Policy 1 196 Policy 119 7 Policy 1 19.8 City of Boynton Beach Comprehensive Plan Amendments 03-01 The City shall provide continued effort to allow for industrial acreag Policy 1 1 ( however, that land designated "Industrialn on the currently adopted Fu Land Use Map may be converted to commercial or residential designations . the conversion (i) would generate a range of employment choices for curr and future residents, provide goods and services of regional importance, 0 would provide opportunities for the City to meet its long-range housing goals and (ii) is based upon adequate data including market analysis. The City shall continue to support the designation, by Palm Beach County, 0 future industrial land uses in the vicinity of Boynton Beach Boulevard an Florida's Turnpike, and consider allowing such sites at the northeast comer 0 Old Boynton Road and Congress Avenue, if approved as part of Development of Regional Impact or an Areawide Development of Region Impact. The City shall continue to encourage and enforce the development 0 industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary mdustries. The City shall continue to adopt and enforce regulations to allow fo commercial acreage which can accommodate the approximate demand fo commercial acreage which has been projected in the Future Land Us Element. 1-26 The CIty shall not allow commercial acreage which is greater than the deman which has been projected, unless it can be demonstrated that the additi9n commercial acreage would not require the proportion of commercial acreag on the City's Future Land Use Map to exceed the proportion of commerci acreage on the Palm Beach County Future Land Use Map. The City shall no allow commercial unless a particular property is unsuitable for other uses, or geographic need exists which cannot be fulfilled by existing commercially- zoned property, and the commercial use would comply with all oth applicable comprehensive plan policies. The City shall continue to change the land use and zoning to permit onI residential or other non-commercial uses in areas where the demand fo commercial uses will not increase~ particularly m the Coastal Area. The City shall continue to adopt and enforce regulations to keep existin public schools which are in operation in the Public and Private Govemmental/Institutionalland use category Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and; Private GovemmentlInstitutionalland use designations. Designated sites shall comply with state law and the following locational and design criteria, Date: June 17, 2003 Future Land Use Elemen Ordinance No. 03-03 ~ U(/~ 7 - 2o-()(p Boulevard and Congress Avenue have been submItted for reVIew We recommend that the apphcant submIt traffic sIgnal warrant studIes for these mtersectIons." City Staff Condition of Approval 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 apphcant comply WIth the CIty reqUIrements referenced herem and WIth the requests of both the Palm Beach County Traffic DIVISIon m ItS letter dated June 13,2006 to Mike Rumpf and of the Flonda Department of TransportatIOn m a letter dated June 26, 2006 to Eugene Gerhca, apphcant. The apphcant must Identify a strategy to mItigate any Identified traffic problems, and provIde surety to the CIty for any necessary Improvement. Staff cannot endorse abandonment of any roadway segments at thIS time because the apphcant has not proVIded a traffic study provmg that the remammg roadway network can accommodate the relocated and rerouted traffic Should the CIty CommISSIon determme that It IS m the best mterests of the CIty to approve NOPC #16, then thIS approval should be condItioned upon the satisfactIOn of CIty staff s current requests related to traffic management, mItigatIOn and surety pnor to the CIty CommISSIOn actmg on abandonment m the future of the roadways commonly known as Quantum Lakes Dnve and/or Quantum Boulevard. Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 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. FDOT 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. Througho his report, staff has noted the desire to retain the industrial pote. ntial on the parcel he ne.ed to be. able~ttrac. t and retain light industry is important to, the smrn ity _ nd ~ckno~~dg~ed by~ ~D. ~ns~~ . hired by the City Commission ~tit'cofl$u ~nf onl;;~fer toreeommenctM ~. ~n~rsiorf of industrial land to resrc1ential uses Clditionally, 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 a- appear inadequate for the development of a first rate, well-integrated mixed use project. The ;', ('\ ~ other mixed use projects in Quantum ran 1rom 142 acres to 26 5 acres ( -J-- v~ , ~~? c'-y\ /IlC(<O''''-J<- I" t:--'/;)>\ Staff is very hesitant to in the maximum number of allowabl '..;~ -~ .,.r:t~ residential units in the DRI, when the 800 residen' I units requested to be added, ca 0 '~J6-fJ currently be acc~mmodated J)~ ,\P...~ 1%9 with . ~d U~e (M~)) designation If the req sted ,. / amendment fla6 Included the? J ( r'tnsitC1rlented J2~elQ'pmenL{TOD) w-tfte-~t"f' ~ ~ fkJ ~t...L:5A with thc appreprililte r:1umber Df residential urnts,'fstafr (;uufd support-stlctra ~1l r~ Without this component, the request for a 72% increase in the number of residential v units does not appear to be justified As such, staff recommends denial of the request for 800 vC.;> f additional residential units ~ 5~t 0 (... ~ .frct"- ~~U,ff,.,f ~; _/~ ~~ r"'\ t .' . .1 I .... ,_, , a'l . I... ~" / I ,- ~""~~ .. tc-ifl." ..-.iIir'{P ,~......L - - (In- ~ ~i Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 patterns City Engineering staff, along with Palm Beach County Traffic Engineering and FOOT, recommengf that the applic~; to ensure acceptable levels of service and saf perating conditions, conduct a traffi analysis, including necessary mitigation measur. .. )Without the traffic study, staff r: . this request. L' "t> -t- sv ff'c,,-k The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are 'wed by staff as a housekeeping matter, and as such, staff recommends their . 4Re- ~ In conclusion, staff recommends the applicant withdraw this application and bring forward a new NOPC (Notice of Proposed Change) to the D ,under the following conditions 1 The T!1-Rail sit~, is made p rt,o. e application, incorporating a Mixed Use designation.J c'- ,,6 ~'( f/t,-L- o-oQ; ~ f::I?l' (j; COIN~.c- p?,-.~ I':- 24/ ~ -Ik.. % Z) ~<~ I v-,J..1:e.C. 2. A traffic study as requested by the City, County and State is su6mitt ,including () ~ intersection analyses and mitigation measures, and formal aba nment application I ~\ I!Jf /< ~3 :he ,req~est to .convertn Lots 17, 52 and ~8 ,to Mixed _ U) be dropped from the ~apPhcatlon i AcJuOL J ~ c.J;.~(. A (vV\';-E '1bf C0/'<:.:C-f'~--- (~ p 10:1/- RECOMMENDATIONS 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 e conflicts noted with the City's Comprehensive Pla~n.d -.. . .' .. .' . . --egnsbl.lta. .t'~ iAn. .<"trial it'ldy, as well as deficient tra I ~nalyses, ~~tb.~~t ff nty and State ...J .. i~ /nCCA.'s/J'4-1'lq' ~.h.-tt ~ <:.ay.1 C~~f cL/1~c.-11on ~ 'P r~..sL'('Yc..- .JI. .-,,~.c ~~." ~ Q~~~ S:IPLANNINGlSHAREDlWPlPROJECTSIQUANTUM PARK 2oollNOPC #16+ MPMDlDRlr.001ISTAFF REPORT #16.DOC . '"-J K ~ - f?'Y - .a.l~....g'Y':7./ ri ~) i.... ~vc-:-(' t:..6l't: rr ~ 6-"OL. e~~ Sf"-f l ' ~ pc- ~ ~ t~(+("LnY-",-( J5es. ~ 11 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-143 ~/~1PJ~ J~V""^(' TO Chair and Members Planning and Development Board THROUGH Michael Rumpf Planning and Zoning Director FROM Ed Breese Principal Planner 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 (PI D). 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 (DO) adopted December 4, 1984 by Ordinance No 84-51 The original DO was subsequently amended 13 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 change is 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 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 06-001/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 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 (NO PC) - 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 the1,1 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 38006(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 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 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 "Officellndustrial 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) Increasino 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 providinQ a Master Plan desionation 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 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 "Buildino 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 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, 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 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 to add 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 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 two 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 Lastly, the application was reviewed against certain criteria used when analyzing rezoning requests relative to necessity Impacts Reqional 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 5 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 PM Peak Hour trips when compared with the original Application for Development Approval (ADA) 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 The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional information, prior to formal response 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 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 the TOD 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 1r(~ The focus of the substantial eviation determination is regional impacts The development order for the DRI is a local order nd the approval of any requested change is within the jurisdiction of the City As such, the Ci 's main focus is local issues and impacts. During the TART process, there were local issue identified by the members. The Traffic Division of Public Works expressed concern ove the potential impacts associated with the contemplated abandonment of Quantum Lakes d 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 6 Quantum Park - DRIA 06-001/1v1PMD 06-003 Memorandum No PZ 06-143 "C" - Conditions of 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 "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) 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, including 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 potential or zoning distri to residential use or Mixed Use (MU) In an attempt to attract spin-off businesses from cript start-up businesses or companies looking to relocate we have methodically reduced our rawing power 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 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 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 Beyond the justifications provided above to oppose further conversion of parcels with industrial potential to Mixed Use (MU), staff reviewed the request for 800 additional residential units 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 is supported by staff since, one, the Tri-Rail site has a Governmental & Institutional (G&I) land use designation and would not decrease industrial potential, two, it creates a multi-modal hub and reduces potential reliance upon the automobile, and three, 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 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 prepared on the part of the applicant, evaluating those impacts Additionally, Palm Beach 9 Quantum Park - DRIA 06-001/IV1PMD 06-003 Memorandum No PZ 06-143 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 heioht 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 26 5 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 related to the potential effects on traffic patterns City Engineering staff, along with Palm Beach 10 Quantum Park - DRIA 06-001/1v1PMD 06-003 Memorandum No PZ 06-143 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 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, along with the submittal of a formal abandonment application 3 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:IPLANNINGlSHAREDIWPIPROJECTSIQUANTUM PARK 20061NOPC #16+ MPMDlDRIA 06-0011STAFF REPORT #16.DOC 11 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-143 ~s Q& w ,. ~ l' TO' Chair and Members Planning and Development Board THROUGH Michael Rumpf Planning and Zoning Director FROM Ed Breese Principal Planner DATE July 12, 2006 SUBJECT Quantum Park - DRIA 06-001/MPMD 06-003 Master Plan Amendment #16 / NATURE OF REQUEST /' /L{'" vt Quantum Park of Commerce (a.k.a. Quantum Park PID) is a nearly buiJf-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 Developrry.ent Order (DO) adopted December 4, 1984 by Ordinance No 84-51 The original 0 0 ~ubsequently amended 13 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 change is 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 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 06-001"v.PMD 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 (DR I) is first and foremost governed by Florida Statutes Chapter 38006 (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 38006 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 ANALYSIS 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 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 06-00'1/vlPMD 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 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 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 DRI There are six (6) major changes proposed The applicant provided the following descriptive summary of these changes. 3 Quantum Park - DRIA 06-00 IlIlIIPMD 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). 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 providina 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 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 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 38 06(19), provides for and anticipates amendments stating "There are a variety of reasons y a developer may wish to propose changes to an approved development of regional im ct, including changed market conditions" J '^- J :-r ~ ". .T JfJ~ During the review of NOPC #10 in the year 2000, staff 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 in an effort to address staff's fears of the loss of industrial land t ~ C(l -t(.f:. ' I~ ~I ~.u,~ 4 Quantum Park - DRIA 06-00'lIIll1PMD 06-003 Memorandum No, PZ 06-143 l-bl v The applicant subsequently submitted NOPC #15 in 2005 105 dwelling units. In that particular case, the applicant proposed to commit those 105 eli1rlg 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 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 industri potential properties to residential purposes. 1); .e The proposed change to the Master Plan was analyzed from perspectives. The first is the potential for creating additional regional or local impact. e second is the consistency and compatibility of the proposed changes with the regulati s and policies adopted by the City throug the Comprehensive Plan, Land Development Regulations and other applicable studies suc as the Visions 20/20 plan..u -..., :f :J' , , 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 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 5 Quantum Park - DRIA 06-00'IIII11PMD 06-003 Memorandum No PZ 06-143 PM Peak Hour trips when compared with the original Application for Development Approval (ADA) 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 The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional information, prior to formal response. 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 (1 groundwork for a future amendment, when they and the SFRT A were in agreement on ;C2~os~edi!:'~L~n a -!!:al j)taff is very hesitant to recommend fOI(~r change, when the 800 residential unitwequested to be added to the DRI, cannot currentry 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 Boulevard 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 6 ~ ) Quantum Park - DRIA 06-00'lIrJ1PMD 06-003 Memorandum No PZ 06-143 "C" - Conditions of 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 10p 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 t entail any further conversion of industrial land Staff did not oppose that amendment, s' ce no lots with industrial potential were requested to be converted to Mixed Use (MU) !f r( ) ~---- - -,,' l;tqow the applicant has submitted NOP #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, MiCtlele-MeUgren ssoclates, 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. ~.i\ 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 06-001m'lPMD 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 cou~ty regarding the number of amendments to Comprehensive Plan Future Land Use Maps that have reclassified industrial lands for residential use. OM.l ~d ~ The need for industrial space is not expected to diminish. The City regularly receives inqui s \ from the Business Development Board, realtors and businesses looking to relocate~ i'lcltJdi. ~ .,,/ 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 tertain a potential reque to eliminate the industrial land use for commercial or mixed u all the way along Gat ay Boulevard I~~' ~.C,( ~ 7 (ff' S Since the year 2000, approxima Iy 93 acres within Qu tum Avenue have been converte rom industrial~1 or ing districts to residential use or Mixed Use (MU) ttract spin-off busin ses from St;FitJtS, start-up businesses or companies looking elo tea. ' . If the requested amendment 'is approved, the number of acres within Quantum park-~-;~ 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 h' er and better use than that in place hi ~ .Jwdtu.ec" tJ .>- '" ,-,I t1J-i. I.L~ T1- .....; ~ 8 Quantum Park - DRIA 06-001m/1PMD 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 allo~elling units to 1,905 on lots designated Mixed Use (MU) 0 e Master PI. / - ~ ZI~ ~. ()/,t/~(L{~t"'{ . ,.. .--'u~he-;'~;;;~rs~n of parcels ;ithi~~ potenti~1 t Mi ... sej~.Ul.')ftaff reviewed the request for 800 additional residential unlts~ conducting e reView, staffresearched 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. (Sl. \.. 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 i& iu~~eFtcd by etBff -siftee, ~he Tri-Rail site has a Governmental & Institutional (G&I) land use designation and would not decrease industrial potentia~ ~ it creates ulti-modal hub and reduces potential reliance upon the automobile, and three:" create great opportunity to provide workforce housing ---.. ~~.J As noted earlier, TCRPC encourages the City to receive some assurances from the applicant that they will sup ort and authorize the City and SFRT A to make the necessary changes to the development er in the near future to accommodate the TOO The applicant has indicated to staff that pa of their intent with requesting the number of residential units in this NOPC was to lay the gr ndwork for f re amendment, when they and the SFRT A were in agreement on _.e!:o,cee.__Il-.9. on a deal. Staff is very hesitant to recommend for the change, when the 800 I re ntial 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 (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 prepared on the part of the applicant, evaluating those impacts. Additionally, Palm Beach 9 Quantum Park - DRIA 06-001/1v1PMD 06-003 Memorandum No. PZ 06-143 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 "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 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 26 5 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 h e supported that component of the request. Without this component, the request for a 72%' crease in the number of residential units does not appear to be justified As such, staff rec mends denial of the requesUo[ ~OO _ - additional residential units. ----- p.;tr -- 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 related to the potential effects on traffic patterns. City Engineering staff, along with Palm Beach 10 Quantum Park - DRIA 06-001,...PMD 06-003 Memorandum No. PZ 06-143 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 NOpe (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, along with the submittal of a formal abandonment application. 3. 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:IPLANNINGISHAREDIWPlPROJECTSIQUANTUM PARK 2006\NOPC #16+ MPMDIDRIA 06-Q01\STAFF REPORT #16.DOC 11 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-143 TO Chair and Members Planning and Development Board THROUGH Michael Rumpf Planning and Zoning Director FROM. Ed Breese Principal Planner DATE July 12, 2006 SUBJECT Quantum Park - DRIA 06-001/MPMD 06-003 Master Plan Amendment #16 / - NATURE OF REQUEST ---- ------- ~- Quantum Park 0 ommerce (a k.a Quantum Park PID) is a nearly built-out Development of ) Regional Imp t (DRI) comprised of 553 13 acres, zoned Planned Industrial Development,Jt (PID) It isJ ated on the west side of 1-95, between Miner Road extended and the Boynton Canal - ( -16 (See attached Exhibit "A" - Location Map) The applicant, MFT Development, Inc. is uesting an amendment to the Quantum Park DRI Development Order (0 0 ) adopted December 4, 1984 by Ordinance No 84-51 The original D 0 was subsequently amended 13 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 ent #16 proposes amending Imum number of dwelling units allowabl- ...9....~c~(c- c Is designated for "Mixed U Sf (M ~ from 1 105 to 1,905 dwelling units in the ~ I as well as amending the existi se designations on several lots in the Master Plan The uested change is 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 ' i Project shall remain 63,752 ADT", and adopting FDOT accepted traffic standards, I Quantum Park - DRIA 06-001/IV1PMD 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 38006 (19) - Substantial Deviations The applicant has submitted a Notice of Proposed Change (NOPC) 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 deviaf n then they may take action to approve or deny the requested change -5u~,\,-<-f- The original DRI velopment Order adopted a ster Plan for Quantum Park. That Master Plan has been men (j 0 e JtJ recent change being approved on February 15, 2005 The pr os Amendment #16 en~ the maximum number of dwelling units allowable withi e areas designated fo "Mixed Use (MU)" in the Master Plan as well as change in use designation on several lots Therefore the review of the DRI amendment 0 constitutes a review of the change to the Master Plan for Quantum Park. In addition state statutes, staff has reviewed the Master Plan in accordance with Land De lopment e ulations Chapter 2, Section 7, Planned Industrial Development and Chapter ,Master Plan Approval First review comments were generated and the . . . .{TRC}-reviewed the Master Plan change on June 27,2006 p..(R7 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 2 The proposed change entails the addition of 800 residential dwelling units to the 1,105 currently approved, for a total of 1,905 dwelling units. The proposed change exceeds this threshold However, the proposed change also eliminates industrial potential on Lots 17 and 52, In this case, the criterion outlined in Chapter 380 06(19)(e)5 c. applies flle Treasure Coast Regional Plann'g Council, in their review of the proposed a~ment and discussions with th epartment of Community Affairs, has determined the posed change could be re 'ewed under the guidelines 9f Chapter38006(19)(e)5c, .. ,tf!lhoi/:!- f~jc[i_<!K'-M&S -f/& ",~'I-(""c- Chapter 38006(1 )(e)5.cf'Nt&'rtt($tancrlrf proviSiOn orp~ttaPh(bflO~he <!>f --- . contrary, 0 sed change consisting 0 multaneous increases and decreases "'Q'\3~(. of at eas f the uses within an authorized multiuse development of regional '- ~-'F'"- impact w was originally approved with more than three uses specified in Q 380065 )(c), (d), (f) and (g) and residential use. 1\ 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 Jeques I move ..3 on the Master plan stating "Total Vested Trips for the " / )i>roject shall remal 6, 52 DT" Essentially, that note indicates that the DRI has a X\--.l Qtt~ested traffic gener ' n of 63,752 average daily trips (ADT) The traffic consultant IV" ,for the applicant, B' der Troutman Consulting, Inc., has proposed to update the DRI to If! 'foG' .!).oday's accepted criteria (by FOOT and the County alike) for determining traffic impact, 1 . (; ~<:. the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips \...>41 \a.-11 (ADT) As such, the traffic consultant estimates a decrease in the number of peak hour ~..:s X trips as a result of this amendment. "? L, --t co {ConClusion ~ \.c.r U 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 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)" 3 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 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 providina 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 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 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 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, especially larger tracts that could accommodate business and industry that creates jobs, generates substantial property taxes and requires fewer City services, was in sho supply At that time, the aR 'cant indicated thC!! they understood the concerns of the 't nd that they would limit th amount of reside~tiar' an effort to staff's fears 0 ass of industrial land . . . I ~ ~ ~ . ~ . The a 'cant subsequently submitted NOPC #15 in 2005 to add 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, 4 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 Additionally, the request includes the conversion of two (2) more 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 two perspectives The first is the potential for creating additional regional or local impacts, The cond is the consistency and compatibility of the proposed changes with the regulations d policies adopted by the City through the Comprehensive Plan, Land Development Re ations and other applicable studies such as the Visions 20/20 ~Ian L<.r~ f1J It: . _ - ~ Ie c y- -1 "^- tJ<> s '(C J ~1..1.cf) I t ~~l"Sf'.sz c!!? 1 .c mpac s ...) G <~ c.: n -(c. ("<.\ "- L.-,Sc-.0- -y:::.<" T e z.<->^- ;en?\, Reqional '~'L~e~-.& f1e.. L ~cc...-~s;'-y.~" i ~ < ( 1...... A development has gone throu h e DRI process because the projected impacts are considered regional in nature Any ange 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 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) 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 The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional information, prior to formal response 5 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 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 subje 0 further DRI review Based upon ~heir .d.iscussion w~th D<=:A. the Tr~a~ur~ j:, apt Region ,Ianning Council (TCRPC), having ~ot f Identified any regional Impacts mdlcdfeS' iflould 'e Clt conclude the same under sectlo:;] r {C ".).; 380 06(19)(e)5 c. Florida Statutes, it coul a " . at would allow the proposed change r 'f to proceed without further DRI review .<.,1'"-, /..c- v' r' 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 re Ive some assurances from the applicant that they will support and authorize the City and RT A to make the necessary changes to the development order in the near f~~Rr to acc modate the TOO The applicant has indicated to staff that part of their intent . 1equ ~~ {ntJrifb~r'bf residential units in this NOPC was to lay the groundwork for a future a dment, when they and the SFRTA were in agreement on proceeding on a deal Staff is ry hesitant to recommend for the change, when th 800 residential units requested to be added to the DRI, cannot currently be accommo d on the lots with Mixed Use (MU) designation If for any reason a deal cannot be st on the Tri-Rail site, the applicant is liable to request further amendments .. to accommodate the then vested residential units _, '.," .,., .f..._ ' /7. ~ -' f'\ ~ u " ._ .J<.r- , ." , J ~ ~_~.---,r'--h' "-;; ,~_ _~.fT ~r- ..,.../~_ ~...-,;. \..N ''''I 4--.'v\.! -W'.JI.S.~:--r t~_x)2.~YL (~., The focus of the substantial deviation determination is regional impacts The development order -~..v II 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, i~ '-" _/ there were local issues identified by the members. The Traffic Division of Public Works (<!"''- { expressed concern over the potential impacts associ d with the contemplated abandonment of Quantum Lakes Boulevard and the reallocation traffic to Quantum Boulevard Therefore, they recommend a traffic study be prepared" the applicant, evaluating those impacts (see Exhibit "C" - Conditions of Appr v. I) 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) ! Local .i 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 6 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No PZ 06-143 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 app . nt indicated .tl1at the nderstood the oncerns of the City and that they would limit the a unt of residentiafin a effort to staff's fears of loss of industrial land, Jj'" '1. ~ e, ~ ..;.-{ reI!:- The applicant subsequ tl submitted NOPC #1 2005 to add 105 more dwelling units. In that particular case, th 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) ~o the applicant has submitted NOPC #16, which proposes to conveftf7. ore atres . . dustrial potential to Mixed Use (MU) In 2005, the City contracted wi \ rofessio al ~ ning €onsultant, Michele Mellgren & Associates to prepare an analysis of the M-1 (Indu 'al) 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 The City s since issued an RFP (Request For Proposals) to hire a consultant to implement the rec mendations of the study and prepare appropriate code amendments The results of the P's are to be presented to the commissio~or selection of the consultant sometime in \~ us __ ___0 of) ~ . 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 7 Quantum Park - DRIA 06-001/N1PMD 06-003 Memorandum No PZ 06-143 preserve, promote and manage light-industrial development. This initiati~s . result of the concerns expressed at various levels of government and business in each County regar~g the number of amendments to Compr ensive Plan Future La Use Maps tha~ ~ ~...~d industrial lands r Idential~ ~7>5>J~.Jl The need for indust' space is not xpected to diminish The City regularly receives inquiries from the Business Development Board, realtors and businesses looking to relocate, including 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 Since the year 2000, approximately 93 acres within Quantum Park and along South Congress Avenue have been converted from industrial potential or zoning districts to residential use or Mixed Use (MU) In an attempt to attract spin-off businesses from Scripts, start-up businesses or companies looking to relocate, we have methodically reduced our drawing power 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 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 Increasin the maximum number of residential units b 800 from 1 105 to 1 905. The applicant is proposing to inereas e maximum numb~~Welling units to 1,905 on lots designated Mixed Us U) on the Master Plan -~~ ~ 0 ~ h.-"~Cs (,J rl. Beyond the provided above for 'further conversion '6t;rndustria~ potential-l8Ad-to Mixed Use (MU), staff reviewed the request for 800 additional residential units 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 8 Quantum Park - DRIA 06-001/I'v1PMD 06-003 Memorandum No PZ 06-143 -1 <.--' i .-\ I ~v~ Ie'<-": -/'/.( l- '- - (-I '- ".... r -C\ / ~/ '\ .. Jy ( r . vV v L- v ",,1.-----:,\ "-i(, '-.. r'" z L~' ~ .6--- r ../ ;' <- 7 .....V ~ li <l"- t:.9Ai- i..C ./ ~ v Staff does support 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 no sidential uses would be required for a successful TOO on the '-Rail site This concept taff since, one, the Tri-Rail site has a Governme al & Institutional (G&I) land se designat~ and would not decrease industrial potential, tw ~reates a multi-modal hub and reduc::s ~ntial reliance upon the automobile, and thr ; creates a great opportunity to ProVid~ 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 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 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 re dential units requested to be ded to the DRI, cannot currently be acco ,modated on the ,t? with Mixed Use (MU) desi ation If for any reason a deal on the Tri-Rail / /' s. itEf.1he applicant"ia liaole to equest further amendments ' in o. rder / I ,to accommodate t~e en ested residential units. CA ~~ 0- ~ II p CJ- (<- M{,'~- f.& G..sL,~ Creation of Lots 10 and 103 and orovidino 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) X. ~/ ~ ,".j,) ~ ,t6 - . j, ~01_\(~.( ",vi ~~~(L LX( ~ . ~(I/ <~1-S ( S ..1 uX 0(Y ~r.~ '.. I~ '..",.... ~'" }.V. RECOM -t?~ ~ :,\1 0" 4-J... \ _' 'If' () ~, k ~ ~J .' . - :;,j'\ (US .c~..x :Ie- L:;~i;r m;7;"" J!" oo'~"'iY: ~""'ro..""o, t--)Y") V -) }{/"' I {/ lJ~cJ6 ,.vl({~1 ,j D e ()vslij r~,f~ / pl l Cr~ 1 '([,~~ J<)e.. .{'~ j;T c.- " l ~ 13 rY CY /;, Y,r -J l~ l tJ ~ l~ ? i:-~ -o<--'~u. {Ib/i ~ ," {(,t~ r-d~ ~ ctd/.J J \ 61vt: f~/. fivP-( fo L~ ~/) tY:lp~ It (L~:~ ~ ~ ( JJv {'~~_~ /' ,(b71.r9 'VI Ll ~ ~ ~-s / \--- Conclusion 9 ~~ QUANTUN\ ~~ G R 0 U P 0 F COM P A '.J I E 5 June 26, 2006 HAND DELIVERED AT TART MEETING, 6/27/2006 Mr Michael W Rumpf City of Boynton Beach Department of Development Plannmg & Zomng DIViSIOn 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE Quantum Park DRI NOpe - Master Plan Amendment No. 16 Dear Mr Rumpf: Attached are our responses to the staff comments provIded on June 23, 2006 The comments are restated for convemence. If you should have any further questions, please feel free to contact me at any tIme. Eugene A. Gerlica, P .E. cC' Doug MacDonald, Quantum LImited Partners, L TD DavId Noms, Esq Cohen, Noms, et. al., (w/enc1) Andrea Troutman, Pmder Troutman Consulting, Inc., (w/enc1) Igor Olemcoff, Olen Development, (w/enc1) Steve Fike, Glen Development, (w/enc1) 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426 (561) 740-2447 . Fax 1561) 740-2429 e-mail: quantgrp@qgc.cc RESPONSES TO THE 1st REVIEW COMMENTS DRIA/MPMD Responses Prepared By. Eugene A. Gerlica, P.E., Agent for Applicant. June 24, 2006 Project name: Quantum Park DR! NOPC # 16 File number' DRIA 06-001 MPMD 06-003 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments. NONE PUBLIC WORKS - Forestry and Grounds Comments. NONE PUBLIC WORKS - Traffic Comments: 1 Provide a notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. RESPONSE. Comment Acknowledged. 2. Provide a traffic study for the intersection of Gateway Blvd. and Quantum Blvd. evaluating the impact of the closure of the Quantum Lakes Blvd and reallocation of that traffic to Quantum Blvd. The study shall consider the need for a dedicated right turn lane on eastbound Gateway Blvd. and Quantum Blvd., assuming three eastbound through lanes at this intersection in two years. If a right turn lane is warranted, the applicant shall cause the appropriate amount of right of way necessary to construct this turn lane to be dedicated to the City of Boynton Beach. Furthermore, the traffic study shall determine if increasing the storage of the westbound Gateway Blvd left turn lane to Quantum Blvd is warranted. The applicant shall add the maximum traffic generated from the remaining developable parcels that will use Quantum Blvd via Gateway Blvd to the existing background traffic. The study shall determine whether a traffic signal will be warranted at Gateway Blvd and Quantum Blvd as a result of the roadway modifications and additional traffic generated. If so warranted, the applicant shall post a surety (cash bond or letter of credit) in the amount of 110% of the cost to construct a signal, approved by Palm Beach County, at the subject intersection. If warranted the signal shall be constructed within one year of the date of any development order resulting from the changes referenced in NOPC #16 (DRIA 06-001 & MPMD 06-003) The City shall not accept any development proposals for proposed parcel MU 103 until such time that the applIcant provides the traffic study and other items requested herein. Page 10f6 1 ST REVIEW COMMENTS-RESPONSESbyEAG Responses provided by Eugene A. Gerlica, P .E. June 25 2006 Pag;e 2 of 6 DEPARTMENTS RESPONSE. This comment addresses anticipated impacts from future developments upon the lots that are the subject of this proposed change and impacts from existing developments not within Quantum Park. In either case, the requirements for site specific traffic studies, additional right-o.fway dedications, turn lane improvements, traffic signals and sureties for the same are not appropriate for this master plan amendment. The requirements are applicable to each individual development site plan and more appropriately added as conditions of approval during the site planning process for those individual site plans. Furthermore, It is our understanding that the six-laneing of Gateway Boulevard both east and west of the Quantum/Gateway Intersection is a mitigation requirement for a CRALLS established by the County at the request of the City for Old Boynton Road. Any additional right-o.fway requirement or signalization due to the increased traffic volume and additional through lanes that benefits other developments should be the responsibility of those developments. We respectfUlly request that this comment be deleted. ENGINEERING DIVISION Comments. 3 Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review RESPONSE Comment Acknowledged. UTILITIES Comments. 4 No utility plan was included with this submittal, therefore, the Utilities Department considers this plan incomplete as submitted. However, the proposed lots within this site are located within the Utilities' service area, and are located where utility support is available. We are providing only a cursory review of the proposed plan as submitted at this time. Additional comments may be required after a utility plan has been submitted. RESPONSE. This is an application to amend the Master Site Development Plan. Pursuant to the governing zoning code, a utility plan is not required. Conceptual utility plans are required and will be provided with subsequent Technical Site Plan submittals. We respectfUlly request this comment be deleted. INCLUDE REJECT 1 ST REVIEW COMMENTS-RESPONSESbyEAG Responses provided by Eugene A. Gerlica, P.E. June 25, 2006 P 3 f6 'age 0 DEPARTMENTS INCLUDE REJECT 5 This DR! has utility systems available and within the development. Various development segments have been checked and comply with the original master utility systems. RESPONSE. Comment Acknowledged. 6 The only changes observed on the "Substantial Deviation Determination Chart" is the addition of dwelling units which have been evaluated on a component basis over the past applications to the TART committee. Therefore, is appears that all developable tracts still available are serviceable. RESPONSE. Comment Acknowledged. FIRE Comments: POLICE Comments. NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments. NONE FORESTERlENVIRONMENT ALIST Comments: NONE PLANNING AND ZONING Comments. 6. Pursuant to Chapter 38006 (19) (e) 5.a. and (19) (e) 5.c. the application for a proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. RESPONSE. Comment Acknowledged. 1 ST REVIEW COMMENTS-RESPONSESbyEAG Responses provided by Eugene A. Gerlica, P .E. June 25, 2006 Page 4 of6 DEPARTMENTS 7 According to Florida Statute 380 06 (19) (b) 9., an increase in the number of dwelling units by 5% or 50 dwelling units, whichever is greater, shall constitute a Substantial Deviation and shall cause the development to be subject to further DR! review The proposed addition of 800 dwelling units appears to constitute a Substantial Deviation. RESPONSE. The addition of 800 residential units to the existing proposed commercial, office and industrial uses has been demonstrated, by the submitted traffic analysis, to generate less traffic in the AM and PM peak hours than was approved when the ADA, Application for Development Approval, was subject to the DRl review process. Traffic generation and the associated impacts are the only elements of the DRl review process afficted by the proposed change. A regional review of the previously proposed development uses, that generated more trqffic, was conducted and is unnecessary and unwarranted at this time. We respectfUlly request this comment be deleted. 8. Please explain how the elimination of Quantum Lakes Drive and Quantum Boulevard, south of Gateway Boulevard, will operate as far as a access to all properties and Water Management Tract K. RESPONSE. Access to all the properties and the water management tract will be provided in much the same way as access is now provided. Lot 52 and the proposed Lot 103 will have access to Park Ridge Boulevard and Gateway Boulevard. The Villas at Quantum Lakes apartment complex access will remain the same as it is now physically The only change is the roadway will now be privately owned and maintained. Lot 58 will have access to Gateway Boulevard, a public road, via the private roadway as it does now Access to the water management tract will be provided as it is now from Gateway Boulevard. The lake banks and the vegetation thereon are proposed to become the primary maintenance responsibility of the adjacent lot owners as is the case throughout Quantum Park. We respectfUlly request this comment be deleted. 9 The elimmation of Quantum Lakes Drive and Quantum Boulevard, south of Gateway Boulevard will require formal abandonment by the City, for which applications have not been filed. RESPONSE. Comment Acknowledged. An abandonment application will be submitted simultaneously with a Master Plan or Technical Site Plan Application pursuant to the provisions of the PID zoning code. 10 Please explain the conceptual thoughts on how the additional 800 dwelling units requested in the proposed modification will be dispersed over parcels with a Mixed Use designation. INCLUDE REJECT 1 ST REVIEW COMMENTS-RESPONSESbyEAG Responses provided by Eugene A. Gerlica, P,E. June 25 2006 Page 5 of6 DEPARTMENTS RESPONSE. Conceptually, approximately 400 units are intended to be included in a future mixed use development upon the current Tri-Rail site. This approval is the first step in the process of planning for a work force affordable residential component within a mixed use transportation oriented development. The remainder of the residential units are planned to be included in developments on the proposed mixed use lots. We respectfully request this comment be deleted. 11 Please explain how 800 additional dwelling units can be added to the DR! without a corresponding decrease of square footage in another land use category RESPONSE. The addition of residential units is possible when the traffic analysis methodology uses the peak hour traffic generation as the standard of measure for concurrency and equivalency The submitted traffic analysis demonstrates that the addition of 800 residential units generates less traffic in the peak hour than the original DRI approval. The peak hour measure is used by the FDOT and Palm Beach County We respectfully request this comment be deleted. 12. Please explain the change in methodology used for traffic analysis purposes from the previous NOPC's, and provide letters of acceptance of the study by FDOT and Palm Beach County Traffic. RESPONSE. The change in methodology was made at this time to be consistent with current County Traffic Performance Standards and FDOT Standards. The Peak Hour calculations have previously been provided to address the County and FDOT standards in addition to providing the ADT Average Daily Traffic generated. The ADT calculation has been previously provided to compare to previous calculations, and to demonstrate compliance with development order conditions. The ADT calculation has been omitted from the traffic analysis at this time because it is no longer used as the standard of measure for concurrency or in our case, consistency with previous approvals. The requested letters for Palm Beach County and FDOT have been requested and we acknowledge the condition to provide the same. 13 Please explain the reduction in Open Space of a little over an acre with this modification request. RESPONSE. Upland area within the water management tract is proposed to be incorporated into the developable area of Lots 102 and 103 The water area of the water management tract is not proposed to be reduced. The upland areas adjacent the roadways are proposed to be abandoned. INCLUDE REJECT 1 ST REVIEW COMMENTS-RESPONSESbyEAG Responses provided by Eugene A. Gerlica, P .E. June 25, 2006 Page 6 of6 DEPARTMENTS We respectfully request this comment be deleted. 14 The Substantial Deviation Chart indicates an increase in Office land use of 5 8 acres with this proposed modification. Does this directly correspond with the acreage associated with the proposed roadway abandonments? Please explain. RESPONSE. Yes, included in the area for Office use is all of the land area designated as Mixed Use. This proposed change includes the conversion of roadway and open space to a mixed use designation. We respectfully request this comment be deleted. IS Staff is opposed to the further reduction m the amount of land with Industrial use potential. RESPONSE. The comment is acknowledged, however it must be noted that no real reduction in the amount of industrial land will result from this proposed change. The Lots afficted are Lot 52, Lot 17 and Lot 58. Lot 58 contains a 50,000 sq ft office building, this is not an industrial use. Lot 17 and Lot 52 are currently vacant and front on Gateway Blvd. They are currently designated as Office/Industrial and would be developed as office or flex space, e.g. the Survivor SchoollTown and County Homes development on Lots 18 and 19 We respectfully request this comment be deleted. 16 Please provide the corrections to the Annual Report, based upon staff comments dated April 12, 2006. RESPONSE Comment Acknowledged. MWR/sc S:\Planning\SHARED\WP\PROJECTS\Quantum Par1\: Amendment #16\1 ST REVIEW COMMENTS.doc INCLUDE REJECT The Engmeenng Staff IS of the opmIOn that proposed NOPC #16 wIll alter traffic patterns at the mtersectIOn of Gateway Boulevard and Quantum Boulevard. The proposed closure of Quantum Lakes Dnve WIll force those motonsts that currently use thIS roadway to be re-routed to Quantum Boulevard. Therefore, City Staffbeheves that the mtersectIOn of Gateway Boulevard and Quantum Boulevard should be thoroughly analyzed by the apphcant to ensure acceptable levels of servIce and safe operatIons, The analYSIS shall conSIder the number of through lanes, turn lanes and the potentIal for sIgnalIzation, ThIS study shall Identify these Issues and the applIcant shall propose mItigatIOn measures to address them. ThIS study, and proposed mItIgatIOn measures, must be prOVIded pnor to the approval of NO PC #16 by the CIty City Staff also notes that both the Palm Beach County Traffic DIVISIOn and the Flonda Department of TransportatIOn have requested SImIlar studIes and actIOns by the apphcant, although for dIfferent reasons. Staff dISCUSSIOn of these reqUIrements by other government engmeenng agenCIes IS as follows 1 The Palm Beach County Traffic DIVISIOn has reVIewed proposed NOPC #16 to ensure concurrency WIth Palm Beach County Traffic Performance Standards. In the County's letter to Mike Rumpf dated June 16, County staff prOVIded the followmg comments . PrOVIde a copy of the latest verSIOn of the spreadsheet Illustratmg all portIOns of the project whIch have been bUIlt and m place. . PrOVIde a companson of Daily tnp generatIOns under the "proposed NOPC #16" and "PrevIously Approved" scenanos. . PrOVIde an AM an PM peak hour analYSIS for the followmg project access mtersectIons, Identify problems and mtroduce mItigatIOns o Gateway Boulevard / HIgh RIdge Road o Gateway Boulevard / Quantum Boulevard o Gateway Boulevard / Park Ridge Boulevard o Gateway Boulevard / Congress Avenue o Quantum Boulevard / Congress Avenue 2 The Flonda Department of TransportatIOn m ItS June 26, 2006 letter to the apphcant noted that the apphcant had yet to fully comply WIth the DRI reportmg reqUIrements m both the 2004 and 2005 reportmg penods. The State speCIfically noted the followmg: "Ordmance No 01-54, ExhibIt "C" (ReVIsed CondItIOns of Approval 11106/01), reqUIres the developer and eXIstmg occupants of Quantum Park to be responsible for the cost of constructIOn of traffic-actuated SIgnals, when warranted, at the mtersectIOns of Quantum Boulevard WIth Gateway Boulevard and Congress Avenue. Presently, neIther mtersectIOn IS sIgnahzed. To date, no traffic SIgnal warrant studIes for the mtersectIOns of Quantum Boulevard WIth Gateway Boulevard and Congress Avenue have been submItted for reVIew We recommend that the applIcant submIt traffic sIgnal warrant studIes for these mtersectIOns." City Staff Condition of Approval 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 apphcant comply wIth the CIty reqUIrements referenced herem and wIth the requests of both the Palm Beach County Traffic DIvIsIOn m ItS letter dated June 13,2006 to Mike Rumpf and ofthe Flonda Department of TransportatIOn m a letter dated June 26,2006 to Eugene Gerhca, apphcant. The apphcant must Identify a strategy to mItigate any Identified traffic problems, and prOVIde surety to the CIty for any necessary Improvements, pnor to CIty approval of NO PC #16 Absent approval by the County and State, It IS Staffs recommendatIOn to deny CIty approval of NO PC #16 at thIS time. L LlLl ~ i V\t l t\ L.cvy-tvl <bIz- 7/of.t;7 j 1st REVIEW COMMENTS DRIA / MPMD Project name: Quantum Park DRI NOPC #16 File number DRIA 06-001 MPMD 06-003 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments. NONE PUBLIC WORKS - Forestry and Grounds Comments. NONE PUBLIC WORKS - Traffic Comments: 1 Provide a notIce of concurrency (Traffic Performance Standards ReVIew) from Palm Beach County Traffic Engineenng. )( - 2~roVIde a traffic study for the mtersection of Gateway Blvd, and Quantum Blvd, evaluating the impact of the closure of the Quantum Lakes Blvd and reallocation of that traffic to Quantum Blvd.<DThe study shall conSIder the need for a dedIcated nght turn lane on eastbound Gateway Blvd, and Quantum Blvd., assuming three eastbound through lanes at thIS mtersectIon m two years. If a nght turn lane IS warranted, the apphcant shall cause the appropnate amount of nght of way nece~? to construct this turn lane to be )< dedicated to the CIty of Boynton Beach. urthermore, the traffic study shall Meu.; be.... determine if increasing the storage of the westbound Gateway Blvd left turn lane to Quantum Blvd IS warranted, The apphcant shall add the maximum rLVL-xd traffic generated from the remaining developable parcels that will use Quantum Blvd VIa Gateway Blvd to the existing background traffic, The study shall determme whether a traffic signal WIll be warranted at Gateway Blvd and Quantum Blvd as a result of the roadway modIficatIOns and addItIonal traffic generated. If so warranted, the apphcant shall post a surety (cash bond or letter of credIt) m the amount of 110% of the cost to construct a SIgnal, approved by Palm Beach County, at the subject intersection, If warranted the signal shall be constructed WIthm one year of the date of any development order resultmg from the changes referenced m NOPC #16 (DRIA 06-001 & MPMD 06-003) The CIty shall not accept any development proposals for proposed parcel MU 103 until such tlme that the applicant provides the traffic study and other items requested herem. ENGINEERING DIVISION Comments. 3 Please note that changes or reVlSlons to these plans may generate addItIonal comments. Acceptance of these plans dunng the Technical AdVISOry ReVIew . X Team (TART) process does not ensure that addItional comments may not be generated by the Commission and at permit review 1ST REVIEW COMMENTS 06/27/06 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments. 4 No utility plan was included with thIS submittal, therefore, the Utilities Department consIders this plan mcomplete as subtnltted. However, the proposed lots WIthin this site are located WIthm the UtilItles' servIce area, and X are located where utilIty support IS available, Weare providmg only a cursory review of the proposed plan as submitted at this time, Additional comments may be reqUIred after a utilIty plan has been submitted. 5 This DR! has utility systems available and within the development. Vanous development segments have been checked and comply WIth the original X master utility systems, 5 The only changes observed on the "Substantial Deviation Determination Chart" IS the additIOn of dwelling umts which have been evaluated on a X component basis over the past applications to the TART committee. Therefore, is appears that all developable tracts still available are servIceable. FIRE Comments, POLICE Comments, NONE BUILDING DIVISION Comments. NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENT ALIST Comments, NONE PLANNING AND ZONING Comments, 6 Pursuant to Chapter 380 06 (19) (e) 5.a. and (19) (e) 5.c. the applIcatIOn for a proposed change IS presumed to be a substantIal deviation. This presumption may be rebutted by clear and convmcmg evidence, 1ST REVIEW COMMENTS 06/27/06 3 DEPARTMENTS INCLUDE REJECT 7 According to Florida Statute 380 06 (19) (b) 9., an Increase in the number of dwelling umts by 5% or 50 dwellmg units, whIchever is greater, shall constitute a Substantial Deviation and shall cause the development to be subject to further DRI review The proposed addItIOn of 800 dwellmg units appears to constItute a Substantial Deviation. 8 Please explain how the elimInatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, will operate as far as a access to all properties and Water Management Tract K. 9 The elimInation of Quantum Lakes Drive and Quantum Boulevard, south of Gateway Boulevard, will require formal abandonment by the City, for which applicatIOns have not been filed. 10 Please explain the conceptual thoughts on how the addItIOnal 800 dwellIng units requested m the proposed modificatIOn will be dispersed over parcels with a Mixed Use designation. 11 Please explam how 800 additional dwelling units can be added to the DRI without a corresponding decrease of square footage in another land use category 12. Please explam the change in methodology used for traffic analysis purposes from the preVIOUS NOPC's, and provide letters of acceptance of the study by FDOT and Palm Beach County Traffic. 13 Please explam the reductIOn m Open Space of a little over an acre with thIS modificatIOn request. 14 The SubstantIal Deviation Chart mdicates an mcrease in Office land use of 5 8 acres with this proposed modificatIon, Does this directly correspond with the acreage associated with the proposed roadway abandonments? Please explain. 15 Staff IS opposed to the further reduction m the amount of land With Industnal use potentIal. 16 Please provide the corrections to the Annual Report, based upon staff comments dated April 12, 2006 MWRJsc S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\ 1 ST REVIEW COMMENTS.doc 1st REVIEW COMMENTS DRIA / MPMD &" ~7- ()(p t/J) Project name Quantum Park DR! NOPC #16 File number DRIA 06-001 MPMD 06-003 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments NONE PUBLIC WORKS - Forestry and Grounds Comments. NONE PUBLIC WORKS - Traffic Comments. 1 Provide a notice of concurrency (Traffic Performance Standards ReView) from Palm Beach County Traffic Engineering. 2. Provide a traffic study for the mtersection of Gateway Blvd. and Quantum Blvd. evaluatmg the impact of the closure of the Quantum Lakes Blvd and reallocation of that traffic to Quantum Blvd. The study shall conSIder the need for a dedicated nght turn lane on eastbound Gateway Blvd. and Quantum Blvd., assuming three eastbound through lanes at this intersection in two years, If a nght turn lane IS warranted, the applicant shall cause the appropriate amount of nght of way necessary to construct this turn lane to be dedIcated to the CIty of Boynton Beach. Furthermore, the traffic study shall determme If mcreasing the storage of the westbound Gateway Blvd left turn lane to Quantum Blvd is warranted, The applIcant shall add the maximum traffic generated from the remaimng developable parcels that will use Quantum Blvd Via Gateway Blvd to the eXIstmg background traffic, The study shall determine whether a traffic SIgnal will be warranted at Gateway Blvd and Quantum Blvd as a result of the roadway modIficatIons and additIOnal traffic generated. If so warranted, the applicant shall post a surety (cash bond or letter of credit) m the amount of 110% of the cost to construct a signal, approved by Palm Beach County, at the subject mtersection, If warranted the signal shall be constructed withm one year of the date of any development order resulting from the changes referenced m NOPC #16 (DRIA 06-001 & MPMD 06-003 ) The City shall not accept any development proposals for proposed parcel MU 103 until such tIme that the applIcant proVIdes the traffic study and other Items requested herein. ENGINEERING DIVISION Comments. 3 Please note that changes or revisions to these plans may generate addItIOnal comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the ComnussIOn and at penmt reVIew 1ST REVIEW COMMENTS 06/27/06 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments. 4 No utility plan was included With this submIttal, therefore, the Utilities Department conSIders this plan incomplete as submItted, However, the proposed lots within this site are located within the Utilities' service area, and are located where utilIty support IS available. Weare proVIdmg only a ~~rsory review of the proposed plan as submitted at this time. AddItional / \mments may be reqUIred after a utilIty plan has been submItted. 5 TI IS DR! has utility systems available and Within the development. Various delvelopment segments have been checked and comply With the original m ster utilIty systems. Ae only changes observed on the "Substanual Deviation Determination hart" is the additIon of dwelling umts which have been evaluated on a component basis over the past applIcations to the TART committee. Therefore, IS appears that all developable tracts still available are serviceable, FIRE Comments. POLICE Comments, NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments, NONE FORESTER/ENVIRONMENT ALIST Comments. NONE PLANNING AND ZONING Comments, 6 Pursuant to Chapter 380 06 (19) (e) 5.a. and (19) (e) 5.c. the applIcatIOn for / a proposed change is presumed to be a substantIal deviation. This presumption may be rebutted by clear and conVIncing eVIdence, 1ST REVIEW COMMENTS 06/27/06 3 DEPARTMENTS INCLUDE REJECT 7 According to Florida Statute 38006 (19) (b) 9 , an mcrease in the number of dwelling units by 5% or 50 dwelling units, whichever IS greater, shall constItute a Substantial DeviatIon and shall cause the development to be / subject to further DR! review The proposed addition of 800 dwelhng umts appears to constItute a SubstantIal DeViation. 8 Please explain how the elinunation of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, will operate as far as a access to all V' propertIes and Water Management Tract K. 9 The ehminatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, will reqUIre formal abandonment by the City.~I .,hIeR ./ .apFlk~IeH8 ha.e Het es8fI. filed. 10 Please explam the conceptual thoughts on how the addItional 800 dwelhng units requested in the proposed modificatIon will be dispersed over parcels V with a Mixed Use designatIon, 11 Please explain how 800 addItIonal dwelling umts can be added to the DR! without a correspondmg decrease of square footage m another land use ~r category I 12, Please explam the change m methodology used for traffic analYSIS purposes j from the previous NOPC's, and prOVide letters of acceptance of the study by FDOT and Palm Beach County Traffic 13 Please explain the reduction in Open Space of a httle over an acre With thIS / modificatIOn request. 14 The SubstantIal DeVIatIOn Chart indIcates an increase in Office land use of 5 8 acres with this proposed modIfication. Does this dIrectly correspond ~ with the acreage associated with the proposed roadway abandonments? Please explam. 15 Staff is opposed to the further reduction m the amount of land With Industnal use potentIal. 16 Please provide the corrections to the Annual Report, based upon staff V' comments dated April 12, 2006. MWR/sc S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\1ST REVIEW COMMENTS.doc ~ 1tJ 1r( <Iff)) s~ 'J;c, 101-, ~ ~eM:: Jt41' JJU $' ~fW&. w-rl~ ~~ ~gJ~ 1st REVIEW COMMENTS DRIA / MPMD Project name' Quantum Park DRI NOPC #16 File number' DRIA 06-001 MPMD 06-003 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments. NONE PUBLIC WORKS - Forestrv and Grounds Comments NONE PUBLIC WORKS - Traffic Comments 1 ProvIde a notIce of concurrency (Traffic Performance Standards ReVIew) from Palm Beach County Traffic Engmeenng. 2. ProvIde a traffic study for the mtersectIon of Gateway Blvd. and Quantum Blvd. evaluatmg the impact of the closure of the Quantum Lakes Blvd and reallocatIOn of that traffic to Quantum Blvd, The study shall consIder the need for a dedIcated nght turn lane on eastbound Gateway Blvd. and Quantum Blvd., assummg three eastbound through lanes at thIS mtersectIOn m two years. If a nght turn lane IS warranted, the applIcant shall cause the appropriate amount of nght of way necessary to construct this turn lane to be dedicated to the CIty of Boynton Beach, Furthermore, the traffic study shall determme If mcreasmg the storage of the westbound Gateway Blvd left turn lane to Quantum Blvd IS warranted. The applIcant shall add the maXImum traffic generated from the remammg developable parcels that will use Quantum Blvd VIa Gateway Blvd to the eXIstmg background traffic. The study shall determme whether a traffic SIgnal will be warranted at Gateway Blvd and Quantum Blvd as a result of the roadway modIficatIOns and addItIonal traffic generated. If so warranted, the applIcant shall post a surety (cash bond or letter of credIt) m the amount of 110% of the cost to construct a signal, approved by Palm Beach County, at the subject mtersectIOn. If warranted the SIgnal shall be constructed wIthm one year of the date of any development order resultmg from the changes referenced m NOPC #16 (DRIA 06-001 & MPMD 06-003 ) The City shall not accept any development proposals for proposed parcel MU 103 until such tIme that the applicant proVIdes the traffic study and other Items requested herein, ENGINEERING DIVISION Comments. 3 Please note that changes or reVISIOns to these plans may generate addItIOnal comments. Acceptance of these plans dunng the Techmcal AdVISOry ReVIew Team (TART) process does not ensure that addItIOnal comments may not be generated by the CommISSIOn and at permIt reVIew 1 ST REVIEW COMMENTS2 06/26/06 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments, 4 No utilIty plan was mcluded wIth thIS submIttal, therefore, the UtilItIes Department consIders thIS plan mcomplete as submItted. However, the proposed lots wIthm thIS SIte are located wIthm the UtIlItIes' servIce area, and are located where utilIty support IS available Weare provIdmg only a cursory reVIew of the proposed plan as submItted at this time, AddItIOnal comments may be reqUIred after a utilIty plan has been submItted. 5 ThIS DR! has utility systems available and wIthm the development. Vanous development segments have been checked and comply wIth the ongmal master utIlIty systems. 5 The only changes observed on the "SubstantIal DeVIatIon Determmation Chart" IS the addItIon of dwelling umts whIch have been evaluated on a component baSIS over the past applIcatIOns to the TART conumttee. Therefore, IS appears that all developable tracts still available are servIceable. FIRE Comments. POLICE Comments. NONE BUILDING DIVISION Comments NONE PARKS AND RECREA nON Comments NONE FORESTERJENVIRONMENT ALIST Comments NONE PLANNING AND ZONING Comments 6 Pursuant to Chapter 380 06 (19) (e) 5,a. and (19) (e) 5 c. the applIcatIOn for a proposed change is presumed to be a substantIal deVIatIOn. ThIS presumptIon may be rebutted by clear and convmcmg evidence 1ST REVIEW COMMENTS2 06/26/06 3 DEPARTMENTS INCLUDE REJECT 7 Accordmg to Flonda Statute 380 06 (19) (b) 9 , an mcrease m the number of dwelling units by 5% or 50 dwellmg umts, whIchever IS greater, shall constItute a SubstantIal DevIatIon and shall cause the development to be subject to further DR! review The proposed addItIOn of 800 dwellmg umts appears to constItute a SubstantIal DeVIatIOn. 8 Please explam how the elimmatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, will operate as far as a access to all propertIes and Water Management Tract K. 9 The ehmmatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, will reqUIre formal abandonment by the CIty, for whIch apphcatIOns have not been filed. 10 Please explam the conceptual thoughts on how the addItIOnal 800 dwellmg units requested m the proposed modIficatIon will be dIspersed over parcels wIth a Mixed Use desIgnatIOn, 11 Please explam how 800 addItIonal dwellmg umts can be added to the DR! wIthout a correspondmg decrease of square footage m another land use category 12. Please explam the change m methodology used for traffic analysIs purposes from the prevIOUS NOPC's, and prOVIde letters of acceptance of the study by FDOT and Palm Beach County Traffic 13 Please explain the reduction in Open Space of a httle over an acre with this modIficatIon request. 14 The SubstantIal DevIatIOn Chart mdIcates an mcrease m Office land use of 5 8 acres wIth thIS proposed modIficatIOn. Does thIS duectly correspond with the acreage aSSOCiated wIth the proposed roadway abandonments? Please explam, 15 Staff IS opposed to the further reductIOn m the amount of land wIth Industrial use potentIal. 16 Please prOVIde the correctIons to the Annual Report, based upon staff comments dated Apnl 12, 2006 MWR/sc S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\1ST REVIEW COMMENTS.doc '10'-' ''I' t ~ "'; _'- r \,< ~ ~'~ .# . .! \:' ,,;' I-- ~7' .J.. J' L.<-~ REQUEST FOR BID Managing Light-Industrial Development as an Economic Development Strategy for Local governments in Palm Beach County A. The Economic Development Research Institute (iiereinafter "EDRI") hereby requests bids for a study on managing light-industrial development as a key economic development strategy for local governments in Palm Beach County (hereinafter "Project") and will receive bids in the office of EDRl's Executive Director, Greta vonUnruh, up to the hour of 400 pm, on the 31st day of July 2006 Bids submitted by mail should be sent to 224 Datura Street, Suite 1416, West Palm Beach, 33401 Hand-delivered bids should be delivered to the same address, and it is the Bidder's responsibility alone to ensure that it is received by EDRl's Authorized RepresentatIve B. SCOPE OF SERVICES EDRI has prepared an outline of services which is attached as Exhibit "1" to the Request For Bids ("RFB") C REQUESTS FOR CLARIFICATION OF THE RFB. If any bidder has any question regarding the meaning of any part of this RFB, or finds discrepancies in or omissions from this RFB, the bidder shall submit to EDRl's Executive Director (at the address identified above, or via e-mail at Qvonunruh@edri-research orQ) a written request for an interpretation or clarification D SUBMITTAL OF BIDS The instructions for the submittal of bids are set forth throughout this RFB Bidder shall submit three copies of the bid The Bidder shall include in Its bid, at a minimum, the information outlined in this section 0 in a manner which demonstrates the Bidder's competence and qualifications for the satisfactory performance of the services identified in this RFB The Bidder shall attach four separate exhibits to the cover letter bid, including (A) Scope of Services, (B) Billing Rates, and (C) Statement of Qualifications 0(1) Scope of Services EORI has set forth on RFB Exhibit "1," attached hereto and incorporated herein by reference, an outline of services that EORI anticipates the successful bidder to perform The outline of services set forth on RFB Exhibit "1" is presented for the pri!llary purpose of allowing EDRI to compare bids The precise scope of services to be incorporated into the Service Agreement will be based upon RFB Exhibit "1" as well as Bid Exhibit "A" to be prepared by Bidder as a part of the bid (described below), and may be the subject of negotiations between EDRI and the successful bidder 0(1 )(A) Based upon EDRl's outline of services set forth on RFB Exhibit "1," the Bidder shall prepare a complete description of the scope of services (to be labeled Bid Exhibit "A ') whIch the Bidder intends to perform In order to achieve the Project ObjectIves The Bidder may identify services in Bid Exhibit "A" which differ from the outline of services In RFB ExhibIt "1" If the Bidder believes the Pagelof8 changes will assist EORI In more efficiently and effectively achieving EORl's stated Project objectives 0(1 )(B) The Bidder's scope of services shall include, at a mlmmum, a description of the major components of services (or phases of service), a description of work product (or "deliverables") to be provided by Bidder to EORI, the expected time of completion for each component, and the media to be used for each deliverable (i e study or electronic, type of software, etc) 0(2) Billinq Rates. The Bidder shall prepare a schedule of billing rates (to be labeled Bid Exhibit "B") which identifies 0(2)(A) A proposed rate and method of payment for all services to be performed by the Bidder, including hourly rates, and a description of any reimbursable charges 0(2)(B) A total proposed "Not to Exceed" cost for the performance of all services described in the scope of services, Bid Exhibit "A." 0(2)(C) An estimated cost breakdown for each major component of service, with a cross-reference to each component of service identified in Bid Exhibit "A." ;t. 0(3) Statement of Qualifications The Bidder shall prepare a statement of qualifications (to be labeled Bid Exhibit "C") which identifies 0(3)(A) An Identification of the size, stability, and capacity of Bidder's organization, Including, at a minimum, an identification of Bidder's (1) total number of years in operation. (2) total current number of employees, (3) number of office locations (including the location of each office), and (4) number of employees In the office location which is intended to provide the services described in Exhibit "A." 0(3)(B) An identIfication of the Bidder's experience performing services for projects of a similar size, scope, and complexity as the services required by this RFB, including an identification of' (1) the number of years Bidder has been performing similar services, and (2) the most recent projects for which the Bidder has performed similar services The list of recent projects shall include the name, contact person, address, and p~one number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the dates of performance 0(3)(C) A list of the BIdder's principals, employees, agents, and subconsultants which the Bidder intends to assign to this Project. This list shall include a summary of the qualifications (including education, training, licenses, and experience) of each Individual, the approximate number of hours each will devote to the Project; and the type of work to be performed by each individual EDRI will retaIn under its agreement with the successful Bidder the right of approval of all persons performing under the agreement. Page 2 of8 E. REVIEW OF BIDS All responsive bids shall be reviewed and evaluated by EDRI staff and members of the Palm Beach County Intergovernmental Coordination Program (hereinafter "Research Team") in order to determine which bidder best meets the requirements for this Project. The criteria by which EDRI shall evaluate bids are set forth In thIs RFB EDRI reserves the right to reject any or all bids, and negotiate the terms of the Agreement for this Project with one or more Bidders F AWARD OF AGREEMENT EDRI currently anticipates awarding an agreement for this Project by approximately September 15, 2006, with a completion date for the study of approximately January 15, 2006 Upon completion of the bid review period, EDRI shall notify those Bidders who will be considered for further evaluation and negotiation All Bidders so notified shall make presentations and negotiate in good faith in accordance with direction from EDRI Any delay caused by Bidder's failure to respond to direction from EDRI may lead to a rejection of the Bid F(1) If the Research Team determines to award the project, after further evaluation and negotiation, a Service Agreement shall be sent to the successful Bidder for the Bidder's signature No bid shall be binding upon EDRI until after the Agreement is signed by duly authorized representatives of both the Consultant and EDRI F(2) EDRI reserves the nght to reject any or all bids, and to waive any irregularity The award of the Agreement, if made by EDRI, will be based upon a total review and analysis of each bid and projected costs G. BIDS ARE PUBLIC RECORDS Each bidder is hereby informed that, upon submittal of its bid to EDRI in accordance with this RFB. the bid becomes the property of EDRI G(1) Unless otherwise compelled by a court order, EDRI will not disclose any bid while EDRI and the Research Team conducts its deliberative process in accordance with the procedures identified in this RFB However, after EDRI either awards an agreement to a successful bidder, or EDRI rejects all bids, EDRI shall consider each bid subject to the public disclosure requirements of Florida G(2) If a bidder believes that any portion of its bid is subject to a legal exception to public disclosure, the Bidder shall: (1) clearly mark the relevant portions of its bid "Confidential", and (2) upon request from EDRI, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Bidder shall defend, indemnify, and hold harmless EDRI regarding any claim by any third party for the public disclosure of the "Confidential" portion of the bid Page 3 of8 Exhibit "1" OUTLINE OF SERVICES REQUESTED Managing Light-Industrial Development as an Economic Development Strategy for Local Governments in Palm Beach County BACKGROUND Local governments across the country are starting to implement light-industrial growth management as a strategy to encourage the diversification of the local economy, promote fiscally sustainable local governments, improve local jobs/housing balance and manage Impacts associated with growmg commute times Examples include Oakland and Santa Barbara, CA and Boulder, Colorado In recent months concerns have been expressed in Palm Beach County at many levels of government and business regarding amendments to comprehensive plan future land use maps that have changed industnalland to residential land As a result the Intergovernmental Plan Amendment Review Committee (IPARC), which consists of planning directors from around the county, was directed by its parent group, the Issues Forum, to evaluate the Impacts of changing industrial land to residential land A subcommittee of planners met over a three-month period in 2005 to study the issue Using generally available information the subcommittee concluded that industrially designated land should be retained because sites must be available for future jobs and because industrial businesses tend to generate a higher ratio of taxes to service costs than residential uses (IPARC study attached as Exhibit "2") IPARC concluded that additional study would be required to educate and provide guidance to local offiCials who make local land use decisions In Partnership with the Economic Development Research Institute (EDR!), IPARC has identified the scope for that additional study as outlined m thiS RFB The work will be approached in two phases The first phase would result In a document that discusses the importance of having land designated for light-Industnal uses associated with the growing industries of the 21 sl century knowledge economy It should also quantify and measure the impact of the loss of industrial land on local governments and the local economy, and provide a discussion of potential strategies to preserve, promote and manage light-industrial development. The second phase should result in a "tool kit" of information that includes best practices, model code language economic development resources, and other guidelines to help local governments take action to mange their industrial land assets Bidders should demonstrate competence In the disciplines of economic development, land use planning and fiscal impact analYSIS The study should address the zoning issues of light-industrial uses for those Industries that have a concentration of employment in technology and "research and development occupations" such as scientists, engineers, and technicians as well as a high proportion of revenue Invested in R&D Examples include Aerospace/Aviation, Engineering, Technology, and Life Sciences-Biotech Page 4 of8 PROJECT COMPONENTS This undertaking will involve data collection and analysis, and the preparation of written documents The selected consultant will have flexibility in organizational format and is expected to provide recommendations on the project's components as well as what optional components may be of benefit to the project. It is also expected that the selected consultant/consulting team will provide recommendations as to the approach and timing of thIS effort. The consultant selected to prepare the document will work closely wIth the EDRIIIPARC Research Team EDRI is dedIcating approximately 1 0 Part Time Equivalent (PTE) of staffing for the duration of the project for limited data gathering, coordination of the Research Team including Internal reviews, and to assist with meetings associated with the culmination of the project. Additional, In-kind resources of the Research Team may be offered when negotiatmg a service agreement. The following is a general descnption of the anticipated components of the project. At thiS point these components should be viewed as somewhat flexible in terms of their scope and order of completion Consultants will be expected to submit a detailed work plan for approval, including phaSing, scheduling and specific work tasks prior to execution of a contract for this project. Deliverable I - White Paper Data Gathering and Analysis completed by Consultant ~ 1 Discussion of the importance of light-industrial land in new knowledge economy that includes a profile of existing employment in local jobs associated with light industnal uses 2 Evaluate wages for targeted business types that use light-mdustrialland and compare to average wages for the county or each municipality 3 Evaluate eXisting and future land use designation percentages for residential, industnal/commercial and other uses for the entire county 4 Explore the fiscal impact of industrial vs other land uses uSing ratio of taxes to service cost. Should proVide general information as well as a couple of local examples 5 Summarize feedback on the c~allenges of preserving and utilizmg industrial land from planning and zoning directors, realtors, developers and landowners 6 Review National Industrial growth management efforts 7 Discuss strategies employed by local governments in other areas to promote light-mdustnal use includmg flex-space, design standards, easIng traffic performance standards, etc , providing local and national best practice examples 8 Identify key factors that should be considered when identifying areas for new industnal distncts These should be specific to Palm Beach County's opportunities and challenges, and mclude an analysis of eXlstmg transportation Page 5 of8 corridors and transit development areas, airports, available land and other considerations 9 Identify specific impacts of business uses associated with higher tech knowledge focused industries that would need to be addressed when implementing a targeted industrial growth management strategy (noise, waste, space requirements, technology infrastructure, etc ) 10 Evaluate three large scale industnalland sites (including Pratt & Whitney and Florida Research Park) to analyze how Palm Beach County's traffic performance standards and transportation concurrency requirements impact their capacity to accommodate new business growth Supporting information provided by the Research Team 1 Evaluate last 5-10 years of Comprehensive Plan Amendment data in Palm Beach County and local governments to determine rate/number of conversions 2 Provide industrial market statistics (vacancy rates, etc.) including average cost per square foot for residential vs light industrial development 3 Identify and map existing industnally zoned land within Palm Beach County 4 Identify core/primary companies wIthin targeted industries in PBC 5 Discuss targeted industry clusters and related industrial uses, and provide some analysis on several IIght-industnal business types associated with Palm Beach County's targeted industries (tYPical building, regulatory and Infrastructure requirements) 6 Identify existing and new economic development programs & policies to help local governments with job creation (to be included in the "Tool Kit.") ! Deliverable 11- land Management Tool-kit 1 Identify model economic development programs & policies that have had remarkable success in helping local governments attract desired cluster development. 2 Provide "model" comprehensive plan pOlicies that local governments can adopt and/or implement to create and retain industrial land 3 Identify flex-space or "light" industrial uses that may be allowed in commercial districts and define any special conditions that may be required to mitigate potential adverse impacts on neighbonng properties Provide "model" zoning code related to these uses 4 Provide case studies on how local governments have streamlined government approval processes for Industnalland, expedited necessary comprehensive plan and/or zoning changes and development reviews and helped to provide an easier transition of market uses on Industrial land 5 Develop a menu of model development regulations and incentives that could be adopted by local governments to attract businesses related to the 21st century knowledge economy to their industrial sites These may be in the form of overlays, and would apply specific mitigation strategies and development Page 6 of8 standards to address the special impacts of businesses within these clusters, as identified in Phase I of the project. FINAL PRODUCT The final product should be easy for the public to read and understand, and the approved workplan should include time for up to two public presentations of the findings Textual data provided in each element should be supplemented with graphics consisting of maps, drawings, charts and tables Use of color for the graphics should be minimized, and all color graphics should be usable when reproduced in black and white All data sources utilized to prepare the Study text and graphics shall be documented, referenced and made available to EDRIIn a usable electronic format. The final workplan shall Identify the types of graphics to be provided In the Study, as well as the types of large scale colored exhibits to be prepared for meetings The Project should be provided in hardcopy Study Format-100 copies, also in Microsoft Word, Windows 2000 or higher format, and in digital PDF file formats suitable for (1) posting on EDRI website, (2) for printing at any commercial reprographics service provider, such as KINKOS, and (3) distribution on common 650 MB CD-R media (consultant will supply 100 CD's containing the Study) Note Number of required copies is preliminary and may be adjusted as necessary Maps must be provided in ESRI ArcView or compatible format. The format for all textual materials and products will be 8-1/2" x 11", black ink on white study The format of graphic elements may vary from said standard but shall be approved by EDRI staff prior to inclusion in any document. The study shall be bound in a form that is easily reproducible following. industry standard practices. Page 70f7 Palm Beach County Intergovernmental Coordination Program - Clearinghouse roJ R (j\J R ,,~p fnI wl"~ ~ 2'~ l;l~' DEPARTMENT OF DEVElOPMF N~ 9835-16 Lak~ ..VOl tII oad Suite 223 Lake Worth, FL 33467 (561) 434-2575/ Fax (561) 434-4513 To. Managers, Executive Committee, Issues Forum, and IPARC Members Anna Yeskey, Clearinghouse 0Jt) June 20,2006 Update of Intergovernmental Issues From Date. Subject: The County s proposed amendment changmg the Coastal Residential Exception Area process and requirements as a tool to address !J,ffordable housing has been postponed again (see attached letter). A subcommittee of the Issues Forum was formed to address this issue with the followmg members: President Pro Tern RIchard Kleid, Town of Palm Beach; CommIssioner KImberly Mitchell, City of West Palm Beach, Councilmember Laune Cohen, Village of Wellington, Vice Mayor Jody Barnett, City of Palm Beach Gardens; Commissioner Jon Levinson, City of Delray Beach, Commissioner Warren Newell, Palm Beach County; Commissioner Nancy Hogan, Town of Ocean Ridge; Chairperson Ann lies, City of Riviera Beach, Mike Bomstein, Town Manager, Town of Lantana, and Dave Kemp, Principal Planner, Town of JupIter In additIon Mike Jones, President & CEO of the Palm Beach County Economic Council will be assisting. While workforce housing is an Issue that may reqUIre a countywide approach, the subcommittee recognizes there are many local efforts already underway The subcommittee IS scheduled to meet through the summer and fall in order to try and. develop a solution and would like to begin to review eXlstmg best practices of local governments to be used as a resource. If you have any programs or informatIOn that you would like to share either by presentatIOn or in wnting With the subcommittee, please submit this mformatlon through the Clearinghouse as soon as possible for the subcommittee to assimIlate and revIew Your assIstance WIth thiS IS greatly appreciated. Also, the Economic Development Research Institute (EDRI) agreed to proVide $25,000 in funding assistance for a study of Industrial Land use issues as Identified by the IP ARC subcommittee. I am enclosmg the Request for BIds that has been developed by the IPARC subcommittee for your information This is currently bemg advertised on the webslte of EDRI and will be advertised in the Palm Beach Post. Please feel free to distribute and notify anyone that may be mterested in submItting a bid. Once the bids come back, the subcommittee will be in a better pOSition of figUring out how much additional fundmg WIll be needed to complete the proJect. Lastly, at the last meetmg of the Issues Forum Gale English, ChaIr, stated that he felt that there needs to be a reeducation of the importance and procedures of the Intergovernmental CoordmatlOn Program as It had been some tIme smce the agreements were established. Should you need a copy of the mterlocal agreements, require addItIOnal mformatlOn, have any suggestions, or WIsh to further discuss the Intergovernmental Coordmatlon Program, please feel free to contact me at (561) 434-2575 However, I will be out of the office from June 261h to the 30th and then again July 17th to the 2151 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO 06-070 TO FROM Ed Breese, Principal Planner, Planning and Zoning Laurinda Logan, Senior Engineer ~ June 26, 2006 ~ _) Review Comments - Revised Master Site Plan Modification/DRI Amendment - 1 st Review Quantum Park DRI File No. DRIA 06-001 & MPMD 06-003 DATE RE A second review was done of this file after receiving additional information regarding the proposed NOPC In addition to changes in lot land use designations the applicant also proposes abandoning Quantum Lakes Dr from Gateway to Quantum Blvd Based on this information I respectfully request that you add the following comments (highlighted in bold PUBLIC WORKS - SOLID WASTE No comments at this time PUBLIC WORKS - FORESTRY & GROUNDS No comments at this time PUBLIC WORKS - TRAFFIC 1 Provide a notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering 2. Provide a traffic study for the intersection of Gateway Blvd and Quantum Blvd evaluating the impact of the closure of the Quantum Lakes Blvd and reallocation of that traffic to Quantum Blvd The study shall consider the need for a dedicated right turn lane on eastbound Gateway Blvd and Quantum Boulevard, assuming three eastbound through lanes at this intersection in two years If a right turn lane is warranted, the applicant shall cause the appropriate amount of right of way necessary to construct this turn lane to be dedicated to the City of Boynton Beach Furthermore, the traffic study shall determine if increasing the storage of the westbound Gateway Blvd left turn lane to Quantum Blvd is warranted The applicant shall add the maximum traffic generated from the remaining developable parcels that will use Quantum Blvd via Gateway Blvd to the existing background traffic. The study shall determine whether a traffic signal will be warranted at Gateway Blvd and Quantum Blvd as a result of the roadway modifications and additional traffic generated If so warranted, the applicant shall post a surety (cash bond or letter of credit) in the amount of 110% of the cost to construct a signal, approved by Palm Beach County, at the subject intersection If warranted the signal shall be constructed within one year of the date of any development order resulting from the changes referenced in NOPC #16 The City shall not accept any development proposals for proposed parcel MU 103 until such time that the applicant provides the traffic study and other items requested herein Dept. of Public Works, Engineenng Division Memo No 06-070 RE Quantum Park DRI, Master Site Plan Modification & DRI Amendment -1st Review DRIA 06-001 & MPMD 06-003 June 26, 2006 Page 2 ENGINEERING 3 Please note that changes or revisions to these plans may generate additional comments Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review UTILITIES 4 No utility plan was included with this submittal, therefore the Utilities Department considers this plan incomplete as submitted However, the proposed lots within this site are located within the Utilities' service area, and are located where utility support is available We are providing only a cursory review of the proposed site plans as submitted at this time Additional comments may be required after a utility plan has been submitted 5 This DRI has utility systems available and within the development. Various development segments have been checked and comply with the original master utility systems 6 The only changes observed on the "Substantial Deviation Determination Chart" is the addition of dwelling units which have been evaluated on a component basis over the past applications to the TART committee Therefore, is appears that all developable tracts still available are serviceable Cc: Jeffrey R. Livergood, P E., Director, Public Works (via e-mail) Peter V Mazzella, Deputy Utility Director, Utilities H David Kelley, Jr , P E.I P SM., City Engineer, Public Works/Engineering (via e-mail) Glenda Hall, Forestry & Grounds Manager, Public Works/Forestry & Grounds Division Larry Quinn, Solid Waste Manager, Public Works/Solid Waste Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S.\Engineenng\ Memorandums\Memorandums 2006\06-070 LOGAN- Quantum Park DRI.doc '~"\'), ,- " \. ~ i "- \ ro___: \ ,J ',. J: ~" i' ., /- i. ''-'"'- ,',", .... ........ " ;~) \~) DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO 06-xxx TO Ed Breese, Principal Planner Planning and Zoning FROM Laurinda Logan, Senior Engineer DATE June 23, 2006 RE Review Comments - Revised Master Site Plan Modification/DRI Amendment - 1 st Review Quantum Park DRI File No DRIA 06-001 & MPMD 06-003 A second review was done of this file after receiving additional information regarding the proposed NOPC In addition to changes in lot land use designations the applicant also proposes abandoning Quantum Lakes Dr from Gateway to Quantum Blvd Based on this information I respectfully request that you add the following comments (highlighted in bold PUBLIC WORKS - SOLID WASTE No comments at this time PUBLIC WORKS - FORESTRY & GROUNDS No comments at this time PUBLIC WORKS - TRAFFIC 1 Provide a notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering 2. Provide a signal warrant analysis for the intersection of Gateway Blvd and Quantum Blvd evaluating the impact of the closure of the Quantum Lakes Blvd & Gateway Blvd intersection If a signal is found to be warranted the applicant shall post a surety (cash bond or letter of credit) in the amount of 110% of the cost to construct a signal at the subject intersection If warranted the signal shall be constructed within one year of the date of the development order issued in connection with this file (DRIA 06-001 & MPMD 06-003 ) ENGINEERING 3 Please note that changes or revisions to these plans may generate additional comments Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review UTILITIES 4 No utility plan was included with this submittal, therefore the Utilities Department considers this plan incomplete as submitted However, the proposed lots within this site are located within the Utilities' service area, and are located where utility support is available We are providing only a cursory Dept. of Public Works, Engineering Division Memo No 06-xxx RE Quantum Park DRI, Master Site Plan Modification & DRI Amendment -1st Review DRIA 06-001 & MPMD 06-003 June 8, 2006 Page 2 review of the proposed site plans as submitted at this time Additional comments may be required after a utility plan has been submitted 5 This DRI has utility systems available and within the development. Various development segments have been checked and comply with the original master utility systems 6 The only changes observed on the "Substantial Deviation Determination Chart" is the addition of dwelling units which have been evaluated on a component basis over the past applications to the TART committee Therefore, is appears that all developable tracts still available are serviceable Cc: Jeffrey R. Livergood, P E., Director, Public Works (via e-mail) Peter V Mazzella, Deputy Utility Director, Utilities H David Kelley, Jr , P E.I P S M , City Engineer, Public Works/Engineering (via e-mail) Glenda Hall, Forestry & Grounds Manager, Public Works/Forestry & Grounds Division Larry Quinn Solid Waste Manager, Public Works/Solid Waste Kenneth Hall Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S:\Engineering\Logan\TRC\Quantum Pari< Nope #16 Rev 062306.doc PLANNING AND ZONING MEMORANDUM TO' Shene Coale, Semor Office AssIstant FROM. Ed Breese, PnncIpal Planner DATE June 19,2006 SUBJECT Quantum Park NOPC # 16 (DRIA 06-001) Please mclude the followmg comments m the TRC reVIew of the above-mentIOned proJect: 1 Pursuant to Chapter 38006 (19) (e) 5.a. and (19) (e) 5 c. the apphcatIon for a proposed change IS presumed to be a substantIal deViatIOn. ThIS presumptIOn may be rebutted by clear and convmcmg eVIdence. 2 Accordmg to Flonda Statute 38006 (19) (b) 9, an mcrease m the number of dwellmg umts by 5% or 50 dwelhng umts, whIchever IS greater, shall constItute a SubstantIal DeViatIOn and shall cause the development to be subject to further DRI reVIew 3 Please explam how the ehmmatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, wIll operate as far as a access to all propertIes and Water Management Tract K. 4 The ehmmatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, wIll requIre formal abandonment by the CIty, for whIch apphcatIOns have not been filed. 5 Please explam the conceptual thoughts on how the addItIonal 800 dwelhng umts requested m the proposed modIficatIOn wIll be dIspersed over parcels WIth a MIxed Use deSIgnatIOn. 6 Please explam how 800 addItional dwellmg unItS can be added to the DRI WIthout a correspondmg decrease of square footage m another land use category 7 Please explam the change m methodology used for traffic analYSIS purposes from the preVIOUS NOPC's, and proVIde letters of acceptance of the study by FDOT and Palm Beach County Traffic 8 Please explam the reductIon m Open Space of a lIttle over an acre WIth thIS modificatIOn request. 9 The Substantial DeVIatIOn Chart mdIcates an mcrease m Office land use of 5 8 acres WIth thIS proposed modIficatIon. Does thIS dIrectly correspond WIth the acreage assocIated WIth the proposed roadway abandonments? Please explam. 10 Staff IS opposed to the further reduction m the amount of land WIth Industnal use potentIal. 11 Please prOVIde the correctIOns to the Annual Report, based upon staff comments dated Apnl 12, 2006 PLANNING AND ZONING MEMORANDUM TO' Shene Coale, Semor Office AssIstant FROM Ed Breese, PnncIpal Planner DATE June 19,2006 SUBJECT Quantum Park NOPC # 16 (DRlA 06-001) Please mclude the followmg comments m the TRC reVIew of the above-mentIOned proJ ect. 1 Pursuant to Chapter 38006 (19) (e) 5.a. and (19) (e) 5 c the applIcatIOn for a proposed change IS presumed to be a substantial devIatIOn. ThIs presumptIOn may be rebutted by clear and convmcmg eVIdence 2 Accordmg to Flonda Statute 38006 (19) (b) 9, an mcrease m the number of dwellmg umts by 5% or 50 dwellmg umts, whIchever IS greater, shall constitute a SubstantIal Deviation and shall cause the development to be subject to further DRI reVIew 3 Please explam how the elImmatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, wIll operate as far as a access to all propertIes and Water Management Tract K. 4 The elImmatIOn of Quantum Lakes Dnve and Quantum Boulevard, south of Gateway Boulevard, WIll reqUIre formal abandonment by the CIty, for whIch applIcatIOns have not been filed. 5 Please explam the conceptual thoughts on how the addItional 800 dwellIng unItS requested m the proposed modIficatIOn wIll be dIspersed over parcels WIth a MIxed Use deSIgnatIOn. 6 Please explaIn how 800 addItIOnal dwellIng umts can be added to the DRI WIthout a correspondmg decrease of square footage m another land use category 7 Please explam the change m methodology used for traffic analYSIS purposes from the prevIOUS NOPe's, and prOVIde letters of acceptance of the study by FDOT and Palm Beach County Traffic 8 Please explam the reductIOn m Open Space of a lIttle over an acre WIth thIS modIficatIOn request. 9 The Substantial DeVIatIOn Chart mdIcates an mcrease m Office land use of 5 8 acres WIth thIS proposed modIficatIOn, Does thIS dIrectly correspond WIth the acreage assocIated WIth the proposed roadway abandonments? Please explam, 10 Staff IS opposed to the further reductIOn m the amount of land WIth Industnal use potentIal. 11 Please proVIde the correctIOns to the Annual Report, based upon staff comments dated Apn112, 2006 \ "crt . DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 06-064 DATE. June 8, 2006 " '"", ~ TO' Ed Breese, Principal Planner, Planning and Zoning FROM: laurinda logan, Senior Engineer RE Review Comments Master Site Plan ModificationlDRI Amendment - 1 st Review Quantum Park DRI File No. DRIA 06-001 & MPMD 06-003 The above referenced Site Plans, received on May 23, 2006, was reviewed for Public Works, Engineering, and Utilities against the requirements outlined in the City of Boynton Beach Code of Ordinances. Following are our comments with the appropriate Code and land Development Regulations (lOR) referenced PUBLIC WORKS - SOLID WASTE No comments at this time PUBLIC WORKS - FORESTRY & GROUNDS No comments at this time PUBLIC WORKS - TRAFFIC 1 Provide a notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering ENGINEERING 2. Please note that changes or revisions to these plans may generate additional comments Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review UTILITIES 3 No utility plan was included with this submittal, therefore, the Utilities Department considers this plan incomplete as submitted However, the proposed lots within this site are located within the Utilities' service area, and are located where utility support is available We are providing only a cursory review of the proposed site plans as submitted at this time Additional comments may be required after a utility plan has been submitted 4 This DRI has utility systems available and within the development. Various development segments have been checked and comply with the original master utility systems Dept. of Public Works, Engineenng Division Memo No 06-064 RE Quantum Park DRI, Master Site Plan Modification & DRI Amendment - 1 st Review DRIA 06-001 & MPMD 06-003 June 8, 2006 Page 2 5 The only changes observed on the "Substantial Deviation Determination Chart" is the addition of dwelling units which have been evaluated on a component basis over the past applications to the TART committee Therefore, is appears that all developable tracts still available are serviceable Cc: Jeffrey R. Livergood, P E., Director, Public Works (via e-mail) Peter V Mazzella, Deputy Utility Director, Utilities H David Kelley, Jr , P E./ P S.M., City Engineer, Public Works/Engineering (via e-mail) Glenda Hall, Forestry & Grounds Manager, Public Works/Forestry & Grounds Division Larry Quinn, Solid Waste Manager, Public Works/Solid Waste Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S"\Engineering\ Memorandums\Memorandums 2006\06-064 LOGAN- Quantum Park DRl.doc Plannmg Memorandum. Forester.1 EnvIronmentalIst Page 1 of 1 ~. Coale, Sherie From Hallahan Kevin Sent: Monday June 05 2006 2 41 PM To Coale Sherie Cc. Breese Ed Subject: Quantum Park - NOPC #16 Planning Memorandum. Forester / Environmentalist To Ed Breese, PnncIpal Planner From. Kevm J Hallahan, Forester / EnvIronmentalIst Subject: Quantum Park NOPC #16 - 1 st ReVIew DRlA 06-0011 MPMD 06-003 Date June 5, 2006 I have no comments on the submItted NOPC Kjh FIle 6/512006 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO 06-093 // TO Ed Breese Pnncipal Planner FROM Timothy K La-~ TART Membe~kJj:~~ . DATE May 24, 2006 SUBJECT Project - Quantum Park File No - DRIA 06-001 / MPMD 06-003 The Building Division has no issues with this site plan at this time tkl rs S \Development\BUILDING\TARTlTART 2006\Quantum Park 1st review NOpe 16 dot Page 1 of 1 LJEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-109 ;10 C)~:s ..;;-/ ;z 3 j'O{P / TO. FROM' Nancy Byrne, Development Department Rick Lee, Fire Protection Analyst Kevin Hallahan, Forester/Environmentalist John Huntington, Police Department H David Kelley Jr , Utilities Department Timothy K. Large, Building Division ~~_ .D ",,-.~_ "\ vvvr'n,t~...~at;~IoiIIYI-' '. Laurinda Logan, Engineering Division Eric Johnson, Planning Department Kathleen Zeitler, Planning Department Ed Breese ~ Principal Planner DATE May 22, 2006 SITE PLAN REVIEW PROCEDURES RE. 1ST Review - NOPC #16 Project Quantum Park Location - West side of 1-95 between Miner Road and the Boynton (C-16) Canal Agent Eugene Gerlica File No DRIA 06-001/ MPMD 06-003 Find attached for your review the plans and exhibits for the above-referenced project. Please review the plans and exhibits and transmit formal written comments. Comments should be made available via e-mail to Sherie Coale and I no later than 5.00 P.M. on Fridav. June 9. 2006. When preparing your comments, please separate them into two categories, code deficiencies with code sections referenced and recommendations that you believe will enhance the project. Adhering to the following review guidelines will promote a comprehensive review and enable the applicant to sufficiently revise plans to forward for Board recommendation 1 Use the review standards specified in Part IV, Land Development Regulations, Site Plan Review and the applicable code sections of the Code of Ordinances to review and formulate comments. 2, The documents submitted for the project were determined to be substantially complete with the exception of traffic data, however, if the data provided to meet the submittal requirements is insufficient to properly evaluate and process the project based on the review standards or the documents show code deficiencies, additional data and/or corrections should be requested by the reviewer by contacting Eric Johnson, or myself 3 Each comment shall reference the section of the code that is incorrectly depicted on the documents. 4 Code deficiencies outside of review responsibility, may be included in review comments. The comment and the specific code section should be cited 5 If a reviewing member finds the plans acceptable, he/she shall forward a memorandum, within the time frame stated above, to me. The memorandum shall state that the plans are approved and that Page 2 they do not have any comments on the plans submitted for review and that they recommend the project be forwarded through the approval process. All comments shall be typed, addressed and transmitted or e-mailed to Sherie Coale and I for distribution to the applicant. Please include the name and phone number of the reviewer on this memorandum or e- mail. First review comments will be transmitted to the applicant along with a list of reviewing staff members EB:sc Attachment XC Matthew Immler, Police Department Pete Mazzella, Assistant Dir Of Utilities Jeffrey Livergood, Public Works Director Gwendolyn Johnson, 911 Dispatch Wilfred Hawkins, Assistant City Manager S:\Planning\SHAREo\WP\PROJECTS\Quanlum Park Amendment #16\Memo for 1 st Plans Review .doc Revised 1/14/02 ~ . 4 ~ tJ IJM1 GUMfAJM7(71l.} ()f QuMIfUA ~ ~ 1<//$ ~ tr()~ /!>WI> ~ cY ~ f:;uJp ()J!u, ~ A<$ ~ IU 1I-ccES5 TO /J'/b /hI1(flta 4 IIJ~ ~ ~ '" I' ~ .", r% ~ ~ nI€ ~ BY ~ pJ/~M4~~ . ~iW~ 6f ,ptU- ~/Mi> ~ ~ V ~ 7}1€: ~ j fH-- IIJHfC# ~ /<If>U~ ~ ~ ~ FIt8> J;::~ ' . V t4J1N C6<V~ ~ 1>>0 ~ rm: A/A)1TJ~ 8Xl du..& A fj;llY ~ J>lS~ QZJa p~ 1IJ11H- If- 1/A1y,eD 14€ UJ/"~ . - ef.IU'llJ ~ ~ IAl ~ ~ ~c.- ~S'S ~ ~ ~!a(L$ ~'~J ANt> fJ'HrUlbG ~a bf 11ft. ~ ~ ftx5r ~ ~ eHUtP (p<J eco ~ eM ee ~ Tb 111€ A/l-'1. r>>'~ " ~ ~ /IF 6qJM/..€.~,46€. fA) ~ ~w.0 ~ ~ ~ ("",e ~/5) ~N rm M~ ItJ {)ftEk ~ of A- u7{U ~ IhO ~ Wlru 71f1S ~ . p~ ~ me ~ rrr TJ#; ~ ~ 1>010> (frrlJ ~ ~ ~ f!!!!!:!.' J't/'NJh. _..I!C ~f~1J ~~.,. ,fii' ~~AV .b:.;,krUnU ~/~ ~ ,AI"I~ K" . tl !~ IAJ ~eE. ~ u4I6 '" 5 ~ ~e11-6 WI"fl< 111(5 ./r1U~ /). __,~ ~,.J . -------- - - -------~- --~------------ DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 06-109 TO FROM DATE May 22 2006 RE SITE PLAN REVIEW PROCEDURES 1ST Review - NOPC #16 Project Quantum Park Location - West side of 1-95 between Miner Road and the Boynton (C-16) Canal Agent Eugene Gerlica File No DRIA 06-001/ MPMD 06-003 Find attached for your review the plans and exhibits for the above-referenced project. Please review the plans and exhibits and transmit formal written comments Comments should be made available via e-mail to Sherie Coale and I no later than 5.00 P.M. on Fridav. June 9. 2006. When preparing your comments, please separate them into two categories, code deficiencies with code sections referenced and recommendations that you believe will enhance the project. Adhering to the following review guidelines will promote a comprehensive review and enable the applicant to sufficiently revise plans to forward for Board recommendation 1 Use the review standards specified in Part IV, Land Development Regulations, Site Plan Review and the applicable code sections of the Code of Ordinances to review and formulate comments 2 The documents submitted for the project were determined to be substantially complete with the exception of traffic data, however, if the data provided to meet the submittal requirements is insufficient to properly evaluate and process the project based on the review standards or the documents show code deficiencies, additional data and/or corrections should be requested by the reviewer by contacting Eric Johnson, or myself 3 Each comment shall reference the section of the code that is incorrectly depicted on the documents 4 Code deficiencies outside of review responsibility, may be included in review comments The comment and the specific code section should be cited 5 If a reviewing member finds the plans acceptable, he/she shall forward a memorandum, within the time frame stated above, to me The memorandum shall state that the plans are approved and that Page 2 they do not have any comments on the plans submitted for review and that they recommend the project be forwarded through the approval process All comments shall be typed, addressed and transmitted or e-mailed to Sherie Coale and I for distribution to the applicant. Please include the name and phone number of the reviewer on this memorandum or e- mail First review comments will be transmitted to the applicant along with a list of reviewing staff members EB sc Attachment XC Matthew Immler, Police Department Pete Mazzella, Assistant Dir Of Utilities Jeffrey Livergood, Public Works Director Gwendolyn Johnson, 911 Dispatch Wilfred Hawkins, Assistant City Manager S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\Memo for 1st Plans Review .doc Revised 1/14/02