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LEGAL APPROVAL The Citq at Boqntan Beach . qc'."..'." ......'. ' . ' / (\---'" i ' '\ \ \ \ i """, ~.// , ,( -J Citlj Clerk s OHice 100 E BOYNTON BEACH BLVD BOYNTON BEACH R. 33435 (561) 742-6060 FAX (561)742-6090 e-mail prainitoj@ci.boljnton-beachll.us www boynton-beach.org CERTIFICATION I, JANET M PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached copy of Ordinance 05-013, consisting of seven (7) pages, Exhibit "c" (Modified Master Plan drawing) consisting of one (1) page, and Exhibit "0" (Conditions of Approval) consisting of two (2) pages, are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 17th day of February 2005 ~W1 P~t) NET M. PRAINITO, CMC CITY CLERK America's Gateway to the Gulfstream nD R.c, ({0 R " -- 10/ I( I' " I, n I'.~ i. 1< ~. I r ! I " Ii l'CI FfB! . 2~./~/il OEPARTMFNT OF Of V[Lnp~'NN; -- s. \CC\WP\certifications\certification JP Ordinance.doc 1 ORDINANCE NO 05- 0 t 2> 2 AN ORDINANCE OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AMENDING ORDINANCE NO 84- 4 51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF 5 BOYNTON BEACH BY ADOPTING AN Al\tIENDMENT 6 TO THE QUANTUM PARK DEVELOPMENT OF 7 REGIONAL Il\1PACT, KNO\VN AS THE QUANTUM 8 PARK DRI DEVELOPMENT ORDER, BY MODIFYING 9 THE l\-fASTER PLAN TO INCREASE THE NUl\-fBER OF 10 D\VELLING UNITS PERl\HTTED UNDER THE 11 DEVELOPMENT ORDER FROM 1000 TO 1105 12 DWELLING UNITS, PROVIDING FOR A SAVINGS 13 CLAUSE, REPEALING PROVISION, AND PROVIDING 14 AN EFFECTIVE DATE 15 16 17 WHEREAS, Quantum Park of Commerce ("Quantum Park PID") IS a partIally built- 18 out Development of RegIOnal Impact ("DRI") compnsed of 553 13 acres, zoned Planned 19 Industnal Development ("PID"), and located on the west sIde of Interstate 95, from MIner 20 Road extended south to the Boynton C-16 Canal, and 21 \VHEREAS, MFT Development, Inc IS requestmg an amendment to the Quantum 22 Park DRI Development Order, adopted by the CIty CommISSIOn of the CIty of Boynton 23 Beach December 4, 1984 under Ordmance No 84-51, and subsequently amended b) 24 Ordmance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20 99-05,00-02,01-54, 25 02-54 and 04-77 ("Development Order"), and 26 WHEREAS, the proposed Amendment, referred to as Amendment #15 proposed 27 amendmg the Master Plan for Quantum Park to allow an mcrease m the number of dwellmg 28 umts permItted under the Development Order from 1000 to 1105 dwellmg umts on the real 29 property located m Palm Beach County, Flonda, and more partIcularly described m the 30 attached ExhibIt "A", and S:\CAiOrdinancesIDRI\DRI Amd NOPC15.doc Page I 1 WHEREAS, MFT Development, Inc has submItted a NotIce of Proposed Change 2 ("NOPC") m accordance wIth the reqUIrements of SectIOn 380 06(19), Flonda Statutes, saId 3 NOPC to be revIewed by the Flonda Department of CommunIty AffaIrs ("DCA"), the 4 Treasure Coast RegIOnal PlannIng CouncIl ("TCRPC"), and the CIty; and, 5 WHEREAS, the CIty CommISSIOn of the CIty of Boynton Beach, Flonda (heremafter 6 CIty CommISSIOn), the governmg body of the local government havmg JunsdIctIon, pursuant 7 to SectIon 380031 and 380 06, Flonda Statutes, IS authonzed and empowered to consIder 8 NOPCs, and 9 WHEREAS, the publIc notIce requIrements of SectIon 166 041, Flonda Statues, and 10 SectIon 38006(7), Flonda Statutes, have been satIsfied and notIce has been gIven to the 11 Department of CommunIty AffaIrs and the TCRPC, and 12 WHEREAS, thIS CIty CommISSIon has reVIewed thIS matter on February I, 2005 13 and on February 15, 2005, held a duly notIced publIc heanng on the ApplIcatIOn, and has 14 heard and consIdered the testImony taken thereat; and 15 WHEREAS, the Treasure Coast RegIOnal PlannIng CounCIl has reVIewed the NOPC 16 and pursuant to the procedures of SectIon 38006, Flonda Statutes has determIned that the 17 proposed changes WIll not create addItIonal regIOnal Impacts, and 18 WHEREAS, thIS CIty CommISSIOn has receIved and conSIdered the report and 19 recommendatIOns of the PlannIng and Development Board of the CIty of Boynton Beach, and 20 WHEREAS, thIS CIty CommISSIOn has made the followmg FINDINGS OF FACT 21 AND CONCLUSIONS OF LA W WIth regard to the MFT Development, Inc. applIcatIOn for 22 an amendment to the Quantum Park DR! Development Order; S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 2 1 2 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLO\VS SectIOn I. The foregomg Whereas clauses are true and correct and mcorporated 4 herem by thIS reference SectIon 2. That the CIty CommISSIon of the CIty of Boynton Beach, Flonda makes the followmg findmgs of fact regardmg the NotIce of Proposed Change submItted by MFT Development, Inc., the "Master Developer" related to the an amendment to the Quantum Park Development of RegIOnal Impact, prevIOusly approved by Ordmance No 84- 51 and subsequently amended by Ordmance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65,97-20 99-05,00-02,01-54, and 02-54 and 04-77, and FINDINGS OF FACT 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. The proposed development IS not m an area of cntIcal state concern deSIgnated pursuant to the provIsIOns of SectIOn 38005, Flonda Statutes; B A State ComprehensIve Planmng Document has been recognIzed bv the legIslature as an adVISOry polIcy document for the entIre State of Flonda, and the proposed development does not unreasonably mterfere WIth the achIevement of the objectIve of thIS adVISOry polIcy document, c The proposed amendment to the Development of RegIOnal Impact Order (DR!) Development Order WIll be consIstent WIth the correspondmg amendment of the adopted comprehensIve plan for the CIty of Boynton Beach and are, or WIll be, consIstent WIth the local S:\CA\Ordinances\DRi\DRI Amd NOPC15.doc Page 3 1 land development regulatIOns, subject to condItIons outlmed herem 2 and Part III, Land Development RegulatIons of the CIty of the Boynton 3 Beach Code of OrdInances, and 4 D The proposed development wIll be consIstent WIth the proposed 5 amendment the submItted to and reVIewed by the Treasure Coast 6 RegIOnal Planmng CouncIl pursuant to SectIOn 380 06(8), Flonda 7 Statutes. 8 9 CONCLUSIONS OF LAW 10 It IS hereby determmed by the CIty CommISSIOn of the CIty of Boynton Beach, 11 Flonda, m a publIc meetmg, duly constItuted and assembled thIS 15th day of 12 OctoberFebruarv, 20042, that the NotIce of Proposed Change to the Quantum Park 13 Development of RegIOnal hnpact submItted by the Master Developer IS hereby ordered 14 Approved, subject to the prOVlSlons of tills OrdInance and the CondItIons of Approval 15 attached hereto as ExhibIt "B", and mcorporated herem by reference 16 I That thIS amended DRI Development Order shall constItute the Development Order 17 of thIS ComnnssIOn Issued m response to the NotIce of Proposed Change for the 18 Quantum Park DR! filed by the Master Developer 19 2 That the defimtIOns found m Chapter 380, Flonda Statutes shall apply to thIS 20 amended DR! Development Order 21 3 That the Development Order shall be amended to modIfY the Master Plan deSIgnatIOn 22 of certmn lots subject toJlithe Quantum Park DR! Development Order, as follows 23 24 The Master Plan deSignatIOn of Lots 17 21, 50A, and 52 IS changed from Office/1ndustnal (01) land use to Office/lndustnal (01) and Industnal ';nth S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 4 1 Retml Sales (ND/R) deSIgnatIon of the maXImum number of dwellmg umts 2 allowable WIthIn the areas desIgnated for "MIxed Use eMU)" development 3 shall be Increased from 1,000 to 1 J 05 dwellIng umts. 4 5 The Master Plan deSIgnatIOn of Lots 81 and 82 IS changed from a 6 Office/Industnal/Commcrcml (01 C) land use to Governmental & Instltutlonal 7 (G&l). 8 9 10 11 12 13 4 That thIS amended DR! Development Order shall be bmdIng upon the Master 14 Developer and Its aSSIgnees or successors m mterest. It IS understood that any 15 reference herem to any governmental agency shall be construed to mean any future 16 mstrumentalIty WhICh may be created and deSIgnated as successor m mterest to, or 17 WhICh otherwIse possesses any of the powers and dutIes of any referenced 18 governmental agency m eXIstence on the effectlve date of thIS amended DR! 19 Development Order 20 5 That m any event that any portIOn of sectIOn of thIS amended DR! Development 21 Order IS determmed to be mvahd, Illegal or unconstItutIOnal by a court of competent 22 jUnSdIctIOn, such deCISIOn shall m no manner affect the remammg portIOns or 23 sectIOns of thIS amended DR! Development Order, WhICh shall remam m full force 24 and effect. 25 6 That the approval granted by thIS amended DR! Development Order IS condItIonal. 26 Such approval shall not be construed to obVIate the duty of the Master Developer to 27 comply WIth all other applIcable local or state permIttmg procedures. S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 5 1 7 The amendments proposed by the Master Developer do not create any addItIonal 2 3 Impacts and therefore do not constItute a substantIal devIatIon under Chapter 380 06, Flonda Statutes 4 8 Actual development phaSIng wIll depend upon economIC CIrcumstances and Master 5 6 7 Developer's mtemal busmess growth. Any proposed development described m the NotIce of Proposed Change are for plannIng purposes only and the actual development schedule may vary therefrom. 8 9 The amended DRI Development Order set forth m SectIon 1 hereof shall become 9 effectIve upon adoptIon of the ordmance amendmg the land use designatIOns for 10 cerram Lots deSIgnated maXImum number of dwellIng UnIts allowable wIthm the 11 areas deSIgnated for "MIxed Use (MU)" from 1,000 to 1,105 dwellmg UnIts In the 12 Master Plan, proVIded such date shall be extended untIl completIOn of appellate 13 procedures, If any, relatmg to the Issuance of thIS amended DRI Development Order 14 10 CopIes of thIS Ordmance mcorporatmg the amended DRI Development Order 15 amendmg the land use deSIgnatIOn of the subject property to Development of 16 RegIOnal Impact shall be transmItted ImmedIately by certIfied mall to the DIVISIOn of 17 CommunIty PlannIng, the Treasure Coast RegIOnal PlannIng CounCIl, and the Master 18 Developer 19 11 Except as otherWIse amended herem, the Development Order shall remam m full 20 force and effect. 21 22 SectIOn 3. Except as prOVIded herem, the Master Developer shall proceed m stnct 23 accordance WIth all ordmances of the CIty of Boynton Beach, mcludmg, but not lImIted to, ItS S.\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 6 1 bUIldmg, electncal, plumbmg, subdIvIsIOn, plannmg and zomng codes, and all rules and 2 regulatIOns of the State of Flonda Department of EnvIronmental ProtectIon. 3 SectIon 4. That should any sectIon or prOVIsIon of thIS Ordmance or any portIOn 4 thereofbe declared by a Court of competent JunsdIctIOn to be mvahd, such decIsIon shall not 5 affect the remamder of thIS Ordmance 6 SectIOn 5. All ordmances or parts of ordmances m conflIct herewIth are hereby 7 repealed. 8 SectIon 6. ThIS ordmance shall become effectIve nnmedIately upon Its passage. 9 FIRST READING thIS ~ day of Februo...r1 ' 2005 10 SECOND READING and FINAL PASSAGE thIS 15 day of /-e 6 rua.x,/ ' 2005 11 CITY OF BOYNTON BE CH, FLORIDA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST 28 29 30 31 32 Page 7 ~~l ~i~ ~Cl: ~~e il~ ..~'" ~ ill .. . "g~ IP i i i i; ii,' i , Ii B I 11 13 G I ,II-II l ~ ~ III i ~ Ii ! - S I I I III ! i I i A J Iii I~ a l ~ P III l~ illl~iJ i ~ i I J I .l ~ ~ i!! II~ I! ! d ! ~ I Ji ~ ~ r I~l I ., . i P . L~_~ EXHI IT C Id30 8NINOZ ONV 9NINNVld b~ ~ ~ POOl' :)30 <XlIlQIIESS A'o9I'JE ~ . r--~ I ..... I -g ..." ,.Ilf.l.-:l (lCII."\ '" % !II '" o ~ i ? ;;: l "'" ~ . = . € ~ ." ~ ~ t -< ~ , ~i ~ ~ i!i~~ iii!;~ll120~~i i i ~ i ., ~ A 8 W11~ ~ '" 8 ~!QQQ 0" ,",zg 1012 0 ~o !\,cOl! _~ c ~ !!~mnn & ~ lI\~~~ ~~it~ S ;~~ jt~ i ~it; ~i ~ nit ~~ 51 s' j!1 i it III $~I"~PI"~j:t:>~!l~ Oil g~881~~lA!SSllJ;e: 8 88888iia~~ii . J. 'I I~ , i II I i ~ 5 I I --' -----. . EXHIBIT "D" CondItIons of Approval Project name Quantum Park NOPC # 15 File number DRIA 05-00l/MPMD 05-006 Reference DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments. None X PUBLIC 'VORKS- Traffic Comments. None X UTILITIES Comments: None X FIRE Comments None X POLICE Comments. None X ENGINEERING DIVISION Comments. None X BUILDING DIVISION Comments. None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments. 1 Pursuant to Chapter 380 06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change IS presumed to be a substantial deviation. This presumptIOn may be rebutted by clear and convincing evidence Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Provide notIce of concurrency (Traffic Performance Standards RevIew) from X Palm Beach County Traffic Engmeenng. 3 Provlde notIce of school concurrency from Palm Beach County School X Board for the addItIonal 105 residentIal dwellmg units bemg requested. 4 Amend the SubstantIal DeVIatIon DetermmatIOn Chart under "AttractIOn X and RecreatIon" to reflect a "0" below the headmg of "Proposed Change" Instead ofN/C for the 4,000 seat movie theater 5 Helght IS not a characteristIc of the DR! or the Master Plan. Height lIrmtatIons X are located withm the Planned Industnal DIStrict (PID). Therefore, the heIght request will not be addressed In the NOPC If a change IS proposed to the heIght lImitatIOn, a Code ReVIew (CDRV) request, JustIficatIon and reVIew fee must be subrmtted to amend the PID regulations. 6 The applicant IS asked to acknowledge that the CIty IS currently in lItIgatIOn X regardIng heIghts exceeding 45 feet ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments. 1 None X ADDITIONAL CITY COMMISSION CONDITIONS Comments. 1 To be detennmed. S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #l5-MPMD\COA.doc cm OF BOYNTON BEACH NOTICE OF PUBLIC HEARING OF cm COMMISSION/LOCAL PLANNING AGENCY The following proposed ordinances that are published by caption only were read on first reading at the Regular City Commission meeting of the City Commission of the City of Boynton Beach, Florida on February 1, 2005. These ordinances will be read for second and final reading, reviewed and acted on by the City Commission in its dual capacity as Local Planning Agency and City Commission at the public meeting to be held at City Hall, in the Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, Florida on Tuesday, February 15, 2005 at 6.30 p.m., or as soon thereafter as the agenda permits. Local Planning Agency action is limited to ordinances with effectuate rezoning and comprehensive plan amendments. ORDINANCE NO 05- 0 t 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO 84- 51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO THE QUANTUM PARK DEVELOPMENT OF REGIONAL IMPACT, K.~OWN AS THE QUANTUM PARK DRI DEVELOPMENT ORDER, BY MODIFYING THE MASTER PLAN TO INCREASE THE NUMBER OF "DWELLING UNITS PERMITTED UNDER THE DEVELOPMENT ORDER FROM 1000 TO 1105 DWELLING UNITS, PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. cm OF BOYNTON BEACH JANET M PRAINITO, CMC CTIY CLERK Interested parties may appear at said meeting and be heard with respect to these proposed ordinances. Subject ordinances may be inspected by the public at the Office of the City Clerk at City Hall, 100 E Boynton Beach Blvd, Boynton Beach, Florida 33435 Pursuant to F.S. 286.0105, please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he will need a record of this proceeding, and for such purpose, he may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is t~ :'/""I "i,' '~ I J r--'--.__ ~ n 1 < --,..,), r)' -'--.,,/ ' ! If f ! & l! "J ! 'I ' L_ ~-/ Corp/", n ~ ------.- TO BE PUBUSHED IN PALM BEACH POST, on the following date(s) FEBRUARY 5,2005 Copy To: City Connnission, City Atty, Mike Rumpf, Central File, Agenda JMP File 2/3/2005 11.17 AM S.\CC\WP\legal ads\Ads to Post\Ad For ORDINANCE 05-013 NOPC #15 - QUANTUM PARK LETTER SIZE.doc ~...(..fY:.............. '.., ~ ' I , , , The City of Boyrc.Lon Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL. 561 742-6260 FAX. 561 742-6259 www.boynton-beach.org February 22, 2005 Mr Eugene Gerlica Quantum Group of Companies 2500 Quantum Lakes Drive - Ste 101 Boynton Beach, FL 33426 Re File No Location Quantum Park NOPC #15 MPMD 05-006 West side of Interstate 1-95 between Miner Rd and Boynton (C-16) Canal Dear Mr Gerlica. Enclosed is the Development Order granted by the City Commission on February 15, 2005, which represents the approval of the master plan modification to allow an increase in the maximum number of dwelling units allowable within the areas designated for Mixed Use (MU) from 1,000 to 1,105 dwelling units Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260 Sincerely, ~ Michael W Rumpf Director of Planning & Zoning Enc Development Order S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Approval form letter atter CCn MPMD.doc DEVELOPMI r ORDER OF THE CITY COMMIS )N OF THE CITY OF BOYNTON BEACH, FLORIDA ~,,'~OPIll'"\ .,.:. Bulld'ng Enll'ne.rlng . occ. Llcc',nty"c,.r" . DepUty r, PROJECT NAME. Quantum Park NOPC #15 (MPMD 05-006) Eugene Gerlica, Quantum Group of Companies APPLICANT'S AGENT --- APPLICANT'S ADDRESS 2500 Quantum lakes Dr , Ste 101, Boynton Beach, Fl 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION. February 15, 2005 TYPE OF RELIEF SOUGHT Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1 ,000 to 1,105 dwelling units. lOCATION OF PROPERTY West side of Interstate 1-95, between Miner Road and the Boynton (C-16) Canal DRAWING(S). SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows. OR TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED' 1 Application for the relief sought was made by the Appli .A-amanner consistent with the requirements of the City's land Development Regu ~mni .~ The AP~~S UUlr;Eb - ~. - HAS NOT _! ---i DEPARTMEr.lIT established by substantial competent evidence a basi 'E 2. 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicapt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7 Other <f)-4--0S S \Planning\SHARED\WP\PROJECTS\Quant I f ~i! r1i& dli !jla f g~ !I J ~ . I . I I f~1 ~ I' I ~ ~ I :~, ft II. I'II~IIII.I I Illnl: I ji'Pl! I ell 111 a 11,1 J ,,,!; · Ii! f , il.. I fl .1 ~ I , I ~ i ,. f ~ 1- f- ~ I- I I.: I - I I I I I I 11.\ I I I I I I .. Jill' 11'1'1--;" I IIII ~I I J .Dsll;lIlll I J 111111111111 .. EXHIBIT 8' 1 ~----------------~~----------------1f I I I I I I I I I I I I I ... I I I I I I I I "TtKWlI ..., QCIft' I I I I I I I I ________ ;1. 1r. .-1; .- ~1II";f" ! !fIIIIIJ I I- 11'.f 'i I' i i f ~ J. 'I Iw , 'I I - ~_'I>- ~ r ~ ~o ~Iil ~ all: ~ "~i=i ~. e "5 -0 ~~l~ =-'"'l!!:l ::.~~~ ~at o~ ) .....p ~ . . UH ill I "llt ~ i~' ! ~ i ; I . I II .~ II' I i I ill' i II I I J 1,1 ,II-II l i i ~ 11 i I \i !i 'i h I II l~ ~I ~h tllil,- i I I ~ i I I ~ it I II!. I fi I III . I! I ~i I ~ I i, ~ ~ r EXHI IT C ldjO ~NINOl I ONV ~NINNVld I (01 VOO2' ~~ Hl U :m m c ~ ClINGfIE$S ...vENuE ::; . ..$I !IO z Sl ~ i ? ;; I ::; . c . ~ 1 ~ i ~ S ~ ~ iit; i~~~~~ggo:~~ i ~ ~ ~~~ ~ - i :.-/fi"':.t ~ 8 Lill\~ ~ .. ~ ~~~gg o,,~z~ ..g 0 n ~:.t <> ~ l !!~mnill ~ ~u~ ~~1<~ ~ ~i~ ~{ i ~~i ~l ~ n~ ~lf al 21 pl ~ :.- ~ r I II ....i I i II I ! ~ i : I; "!'i ~ 'I i /Oil ~- ft i~ ~ t: I ~ I i (I! ~"" C)_ _Gt...C"IO- l" . ;-l1""'PI"~PO\'>I""'1" 01 8~8IlJC;l~~Sl8iil:: ~ ~~8~i3a8i~ig ..... II 5 i i x I ---~-~~----------- ,---- ~----~-----_.---. ... ~ EXHIBIT "D" CondItIons of Approval ProJect name: Quantum Park NOPC # 15 File number DRIA 05-001/MPMD 05-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments. None X UTILITIES Comments. None X FIRE Comments. None X POLICE Comments. None X ENGINEERING DIVISION Comments. None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments: 1 Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5 c. the application for a X proposed change is presumed to be a substantial deviation. This presumptIon may be rebutted by clear and convmcmg eVIdence Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. ProVIde notice of concurrency (Traffic Performance Standards ReVIew) from X Palm Beach County Traffic Engineering. 3 ProvIde notice of school concurrency from Palm Beach County School X Board for the additIOnal 105 residentIal dwellin~ umts bein~ requested. 4 Amend the Substantial DeVIatIOn DetermmatIOn Chart under "Attraction X and RecreatIon" to reflect a "0" below the heading of "Proposed Change" instead ofN/C for the 4,000 seat movie theater 5 HeIght is not a characteristic of the DR! or the Master Plan. HeIght limitations X are located within the Planned fudustrial DIStnct (Pill). Therefore, the heIght request will not be addressed in the NOPC. If a change IS proposed to the height lIrmtatIon, a Code Review (CDRV) request, Justification and review fee must be subrmtted to amend the Pill regulations. 6 The applIcant is asked to acknowledge that the City IS currently m litigatIon X regardIng heIghts exceedmg 45 feet ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments. 1 None X ADDITIONAL CITY COMMISSION CONDITIONS Comments. 1 To be determIned. ~IL ~ "T T U , S:\Planning\SHARED\WP\PROJECTS\Quantum Park Nope #IS-MPMD\COA.doc The City of Boyncon Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVlSON 100 E. Boynton Beach Boulevard P.o. Box 310 Boynton Beach, Florida 33425-0310 TEL. 561 742-6260 FAX. 561 742-6259 , ~(,(.""...'.' ..' ~ I I' ,. . I ' www.boynton-beach.org February 17, 2005 Mr Michael Busha, ExecutIve DIrector Treasure Coast RegIOnal Planmng CouncIl 301-E Ocean Boulevard #300 Stuart, Fl 34994 RE For File No LocatIon. Dear Mr Busha. Quantum Park NOPC #15 Request for Amendment of Quantum Park DR! DRIA 05-001 West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal Enclosed IS the CIty of Boynton Beach Ordmance #05-013 for DRIA #05-001, whIch represents approval to allow an mcrease m the maXImum number of dwellIng umts allowable wIthm the areas deSIgnated for "Mixed Use (MU)" from 1,000 to 1,105 dwellmg unItS. This request was approved by the CIty CommISSIon on February 15, 2005 Should you have any questIons regardIng thIS matter, please contact thIS office at (561) 742-6260 Smcerely, ~rJC Michael W Rumpf DIrector ofPlannmg & Zomng Enc Ordmance No 05-013 The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL. 561-742-6260 FAX. 561-742-6259 '~..'?... :... . '. . -....--. . .. . ~ , www.boynton-beach.org February 17, 2005 Mr Bob Cambnc Growth Management AdmImstrator State of Flonda Department of CommunIty AffaIrs DIvIsIon of Commumty Planmng 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE For File No LocatIon. Quantum Park NOPC #15 Request for Amendment of Quantum Park DR! DRIA 05-001 West sIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal Dear Mr Cambnc Enclosed IS the CIty of Boynton Beach OrdInance #05-013 for DRIA #05-001, whIch represents approval to allow an increase In the maxImum number of dwellmg unItS allowable wIthm the areas deSIgnated for "Mixed Use (MU)" from 1,000 to 1,105 dwellIng unItS. ThIS request was approved by the CIty CommIssion on February 15, 2005 Should you have any questIOns regardIng thIs matter, please contact thIs office at (561) 742-6260 Smcerely, 2JJ- Michael W Rumpf DIrector ofPlanmng & ZonIng Enc. OrdInance No 05-013 The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.o. Box 310 Boynton Beach, Florida 33425-0310 TEL. 561-742-6260 FAX. 561 742-6259 '~.. '(~ ' I, . >'/ , . , www.boynton-beach.org February 17, 2005 Quantum LImIted Partners, LLC c/o Mr DavId B Noms, Esq Cohen, Noms, Scherer, Wemberger & W olmer 712 US Hwy 1, SUIte 400 POBox 13146 North Palm Beach, FL 33408-7146 RE. For File No LocatIon. Dear Mr Noms. Quantum Park NOPC #15 Request for Amendment of Quantum Park DR! DRIA 05-001 West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal Enclosed IS the CIty of Boynton Beach Ordmance #05-013 for DRIA #05-001, whIch represents approval to allow an Increase In the maxImum number of dwellIng uruts allowable WIthIn the areas deSIgnated for "Mixed Use (MU)" from 1,000 to 1,105 dwellIng uruts. ThIS request was approved by the CIty CommISSIon on February 15, 2005 Should you have any questIOns regardIng thIs matter, please contact thIs office at (561) 742-6260 Sincerely, ~~ Michael W Rumpf DIrector ofPlannmg & Zonmg Enc Ordmance No 05-013 The City of Boyncon Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rorida 33425-0310 TEL. 561 742-6260 FAX. 561-742-6259 cr.. l; j " www.boynton-beach.org February 17, 2005 Mr Eugene Gerhca Quantum Group of CompanIes 2500 Quantum Lake Dnve, SUIte 101 Boynton Beach, Florida 33426 RE For FIle No. LocatIon. Quantum Park NOPC #15 Request for Amendment of Quantum Park DR! DRIA 05-001 West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal Dear Mr Gerhca. Enclosed IS the City of Boynton Beach OrdInance #05-013 for DRIA #05-001, whICh represents approval to allow an mcrease In the maxImum number of dwellIng unIts allowable WIthm the areas deSIgnated for "Mixed Use (MU)" from 1,000 to 1,105 dwellIng unItS. ThIs request was approved by the CIty CommISSIon on February 15, 2005 Should you have any questIons regardIng thIS matter, please contact thIS office at (561) 742-6260 Smcerely, ~ Michael W Rumpf DIrector ofPlanmng & Zomng Enc. Ordmance No 05-013