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AGENDA DOCUMENTS f\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 7 2004 November 15, 2004 (Noon.) D February 1 2005 January 17 2005 (Noon) D December 21 2004 December 6, 2004 (Noon) ~ February 15, 2005 January 31 2005 (Noon) D January 4 2005 December 20, 2004 (Noon) D March 1 2005 February 14 2005 (Noon) D January IS, 2005 January 3, 2005 (Noon) D March 15,2005 February 2S, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION Please place this request on the February 15,2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission reviewed and approved the request on February 1, 2005 under Public Hearing and Legal, Ordinance - First Reading, subject to all staff conunents. For further details pertaining to the request, see attached Department of Development Memorandum No PZ 05-006 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Quantum Park NOPC #15 (DRIA 05-001) Eugene Gerlica, Quantum Group of Companies MFT Development, Inc. West side of interstate 1-95, between Miner Road and the Boynton (C-I6) canal Request for Development of Regional Impact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units. PROGRAM IMPACT FISCAL IMPACT ALTERNATIVES: N/A N/A N/A Devel City Manager's Signature ~tJ L--~ Planning and zqIfih Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agenda Item Request Quantum Park NOPC #15 DRIA 05-001 2nd reading 2 15-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 05-006 TO' Chair and Members Planning and Development Board THROUGH: Michael Rumpi'rt~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE. January 12, 2005 SUBJECT Quantum Park - DRIA 05-001/MPMD 05-006 Master Plan Amendment #15 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It Is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (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 and 04-77 The City Commission denied Amendment #11 on February 20,2001 The current Master Plan for Quantum Park is provided in Exhibit MB" - Existing Master Plan. Amendment #15 proposes amending the maximum number of dwelling units allowable within the areas designated for -Mixed Use (MU)" from 1,000 to 1,105 dwelling units in the Master Plan. The requested change is depicted In exhibit -C" - Proposed Master Plan and described as follows: NOTE #2. Development of the following Land Use classifications should not exceed the following intensities without further City approval: - Residential - 1,105 dwelling units 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 staMory requirements. The NOPC Is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City The DCA and the RPC are reviewing the proposed NOPC and will provide comments following the procedures outlined In Chapter 380.06 (19). Quantum Park - DRIA 05-001. .,~MD 05-006 Memorandum No PZ 05-006 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 October 4, 2004 The proposed Amendment #15 amends the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" in the Master Plan. Therefore the review of the DRI amendment also constitutes a review of the change to the Master Plan for Quantum Park. In addition to the 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 Review Committee (TRC) reviewed the Master Plan change on January 4, 2005 ANALYSIS Notice of ProDosed 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" 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 105 residential dwelling units to the 1,000 currently approved, for a total of 1,105 dwelling units. The proposed change exceeds this threshold However, the proposed change also eliminates the previously approved 4,000 seat movie theater In this case, the criterion outlined in Chapter 380 06(19)(e)5.c. applies. 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 speclfled In 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a .Substantlal Deviation Determination Chart" The applicant has provided an updated chart. While Amendment #15 does not Involve changes to any land use categories, the addItion of 105 dwelling 2 Quantum Park - DRIA 05-001. ..flMD 05-006 Memorandum No. PZ 05-006 units on the Master Plan is linked to the removal from the Master Plan of the 4,000 seat movie theater originally approved In NOPC #9 These changes are reflected in the "Notes" section on the Master Plan. The proposed Increases and decreases are presumed to maintain the vested traffic generation level of 63,752 average dally trips (ADT) The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., concludes that the simultaneous increases and decreases in allowable intensities associated with NOPC #15 results in no increases in approved daily and peak hour trips. As of the release of this staff report, the City has not received a response from Palm Beach County Traffic Engineering regarding the proposal's compliance with the Traffic Performance Standards Conclusion The proposed changes delineated in Amendment #15 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 is only one (1) change proposed. The applicant provided the following descriptive summary of this change. 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. The NOTES section of the Master Plan would be revised as follows "Residential- 1,105 dwelling units" (changed from 1,000) "One Movie Theater Seat - 40 square feet of office gross floor area" (eliminated) "One Movie Theater Seat - 60 square feet of industrial gross floor area" (eliminated) The elimination of the references to the Movie Theater, which was approved in NOPC #9, is proposed to offset any potential traffic impacts associated with the addition of 105 dwelling units to the Master Plan. These proposed changes are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., concludes that the simultaneous addition of 105 dwelling units and elimination of the 4,000 seat movie theater proposed in NOPC #15 results in no increases in approved daily and peak hour trips. All categories on the Land Use Acreage Table remain unchanged In Amendment #15 The Quantum Park DRI acreage total of 553.13 also remains unchanged The Quantum Park DRI has been amended 13 times over the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 38006(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" 3 Quantum Park - DRIA 05-o01,n,r'MD 05-006 Memorandum No. PZ 05-006 Originally, In the review of NOPC #10 back 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 The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential in an effort to assure that staff's fears of loss of industrial land would be minimized The applicant has now submitted NOPC #15 (the subject of this review) to add 105 dwelling units. In this case however, the applicant has committed those 105 dwelling units to parcels designated as "Mixed Use (MU)", which does not entail any further conversion of industrial land Their request will likely only result in the shifting of the mix of uses within a mixed use pod, preserving the valuable and scarce industrial land 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. Impacts Recional 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. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional Impacts are evident. The vested number of trips, 63,752 Is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed change in uses. The Palm Beach County Traffic Engineering Division has not completed their review at this time. 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 the proposed changes will not create additional regional impacts. Local The focus of the substantial deviation determination is regional impacts. The development order fOf the DRlls a local order and the approval of any fequested change Is within the jurisdiction of the City As such, the City's main focus is local issues and Impacts. There were no significant local Issues Identified by the TRC members at thIs time. The Utilities Department has Indicated 4 Quantum Park - DRIA 05-001 .~MD 05-006 Memorandum No PZ 05-006 that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer The updated Traffic Impact Analysis submitted with the request for amendment Indicates that there will be no Increase In the allowable Intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested Turning movements and signalization Issues can be evaluated and addressed at the Technical Site Plan stage Drainage will also 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 The change proposed by the applicant does not present any issues that are contrary to City policies The proposed change is discussed below' On Lots Desionated "Mixed Use (MU) - Amendment #15 proposes amending the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units in the Master Plan The lots containing the "Mixed Use (MU)" designation are noted as follows Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East & West (now called Parkside) This project Is nearly built-out. Lots 59-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes Villas This project Is complete. Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by Olen Development in 2002 known as Quantum Park and Village South The rental apartment component of this project is under construction. Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is currently under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park is 94 86 acres, which is approximately 17% of the total acreage of the DRI (553 13 acres) It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and Village North, since the office and retail components of these projects has not begun construction. The subdivision master plan for either of these sites would require a formal modification and review in front of the Board and City Commission to Incorporate the additional units while reducing other approved uses on the site. Based upon discussions staff has had with Olen Development, they would Intend to amend the plans for Quantum Park and Village South to accommodate the additional dwelling units, while redesigning the office and retail components. 5 Quantum Park - DRIA 05-o01f1~PMD 05-006 Memorandum No PZ 05-006 lastly, the applicant also requested an increase in the building heIght allowed for "Mixed Use (MU)" designated parcels, from the existing 45 feet to a maximum of 60 feet. Staff Indicated that height was not a characteristic of the DRI or Master Plan and that height limitations were located within the Planned Industrial District (PID) regulations. Therefore, the height request will not be addressed in the NOPC The applicant has been Instructed that, should a change be proposed to the height limitation, a Code Review (CDRV) request, justification and review fee must be submitted to amend the PID regulations Conclusion As indicated herein, the impacts of the proposed DRI amendment on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised The proposed amendment is consistent with City poliCies and appears compatible with surrounding land uses 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 Therefore, staff recommends approval of DRIA 05-001 subject to the Conditions of Approval attached in Exhibit "0" Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of request for 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, subject to the Conditions of Approval attached in Exhibit MD" S:\PlANNING\SHARED\WP\PROJECTS\QUANTUM PARK 2005 AMEND #15+ MPMOIORIA 05-oo1\STAFF REPORT #15.00C 6 EXHI BIT B i '~~"i ~ i. 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" II I , I i I ~ ----------------------------.------------------ EXHIBIT "D" CondItIons of Approval Project name Quantum Park NOPC # 15 File number DRIA 05-001IMPMD 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 DMSION Comments. None X PARKS AND RECREATION Comments. None X FORESTER/ENVIRONMENTALIST 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 Engineering. 3 Provide notIce of school concurrency from Palm Beach County School X Board for the additional 105 residential dwelling units being requested. 4 Amend the Substantial Deviation Determination 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 DRI or the Master Plan. Height limitations X are located within the Planned Industrial District (Pill). 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 submitted to amend the Pill 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 determined. S:\Planning\SHARED\ WP\PROJEcrS\Quantum Park NOPC #15-MPMD\COA.doc ._--_._---------------~------ , Iii 05 ,0 J O~PARTMENT OF DEVElOPMENT NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BE , FLORIDA, will conduct a Public Hearing at 7 00 P M. or as soon thereafter as the agenda permits on Tuesday, February 15, 2005, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach Florida. The purpose of this public hearing is to consider a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No 84-51) as amended by Ordinances 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 and 04-77 and determination as to whether or not the proposed change constitutes a substantial deviation to the approved development order with respect to the property described below located within the corporate limits of said City, pursuant to the request of the parties in interest and in compliance with Chapter 380 Florida Statutes. NOTICE OF PUBLIC HEARING In-I~-- D I, I I ~;~-- InJI JAN UU, ( - ,-, REQUEST Notice of Proposed Change QUANTUM PARK DRI at BOYNTON BEACH Formerly Boynton Beach Park of Commerce Comprehensive Development of Regional Impact LEGAL DESCRIPTION A Tract of land lying partially in Sections 16,17,20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17, thence North 1E44'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R. Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89E04'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1 E44'39" East, a distance of 1247 06 feet to the South right of way line of L.W DO lateral 21, thence North 89E08'49" East along the South right of way line L.W 0 0 lateral 21, as recorded in 0 R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 63593 feet to the centerline of the l.W 0 0 Equalizing Canal E-4 as recorded in OR. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750 00 feet, a central angle of 4E04'17", and an arc length of 53.29 feet; thence continue along the centerline of the E- 4 Canal, with a bearing of North 12E35'00" East, a distance of 320 69 feet to a point of curve, thence with a curve to the left having a radius of 6500 00, a central angle of 3E28'30" and an arc length of 394.23 feet; thence North 9E06'30" East, a distance of 1979 16 feet to a point on the North line of Section 17, thence with a bearing of North 89E16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" East, a distance of 2625 18 feet; thence North 89E08'49" East, a distance of 36896 feet to a point on the North right of way line of N W 22nd Avenue as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19E27'31" East, a distance of 5000 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of North ( .. 1" I Page 2 Quantum Park - Notice of Public Hearing 75E29'49" East, a radius of 163702 feet, a central angle of 9E53'58", and an arc length of 282.85 feet to a point; thence north 12E02'41" East, a distance of 91572 feet; thence NorthOE31'11" East, a distance of 39970 feet; thence North 89E12'37" East, a distance of 413.21 feet; thence South 88E22'56" East, a distance of 1349 70 feet to a point on the West right of way line of the Seaboard Coastline Railroad, thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue, thence North 88E27'31" West, along the centerline of N W 22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a distance of 130669 feet; thence South 88E45'31" East, a distance of 33351 feet to a point on the West right of way of the Seaboard Coastline Railroad, thence with a bearing of South 14E08'23" West, along the West right of way of the railroad a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E15'22" West, a distance of 92057 feet; thence North 88E50'04" West, a distance of 18760 feet; thence with a bearing North OE49'21" West, a distance of 20000 feet; thence North 88E50'04" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 4000 feet; thence South OE49'21" East, a distance of 55684 feet; thence North 88E50'04" West, a distance of 3617.26 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5E18'14" West, a distance of 15313 feet, thence with a curve to the right having a radius of 450 00 feet, a central angle of 15E36'44", and an arc length of 122.62 feet; thence North 10E18'30" East, a distance of 988 60 feet to a point of curve, thence with a curve to the left having a radius of 450 00 feet, a central angle of 18E20'00", and an arc length of 143 99 feet; thence with a bearing of North 8E01'30" West, a distance of 125514 feet to a point on the centerline of N.W 22nd Avenue, thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 817.85 feet more or less to the Point of Beginning. Containing 591 55 acres more or less and subject to easements and rights of way of record. 591 55 AC 51 70 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 539 85 AC Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P C 0 Center, containing 13 17 acres, as recorded in Plat Book 60, Pages 106 and 107, of the Public Records of Palm Beach County, Florida, for a total proposed net land area of 55302 acres PROPOSED CHANGE The Master Site Development Plan Amendment No 15 has been revised to reflect the change described below The revised Master Site Development Plan is incorporated into this Notice of Proposed Change by reference and has been submitted to the City of Boynton Beach for consideration by the City Commission for amendment and approval 1) Change in the master plan amending the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1 ,000 to 1,105 dwelling units APPLICANT Quantum Limited Partners, Ltd All interested parties are notified to appear at said hearing in person or by attorney and be heard Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City Please contact Patricia Tucker (561) 742- 6268 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561)742-6260 PUBLISH Palm Beach Post January 31, 2005 S;IPlanningISHAREDIWPlPROJECTSIQuanlum Park 2005 Amend #15 + MPMDIDRIA 05-0011 Legal.doc Copy to: City Commission, City Attorney, Mike Rumpf, Central File, Agenda File, Legal Ads File CC( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 7 2004 November 15,2004 (Noon.) [gJ February 1 2005 January 17 2005 (Noon) 0 December 21 2004 December 6, 2004 (Noon) 0 February IS, 2005 January 31 2005 (Noon) 0 January 4 2005 December 20, 2004 (Noon) 0 March I 2005 February 14 2005 (Noon) 0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon) 0 AdminIstrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [gJ Public Hearing ~ Legal 0 Bids 0 Ummished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION Please place this request on the February 1,2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reviewed the request on January 25, 2005 and recommends that it be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No PZ 05-006 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Quantum Park NOPC #15 (DRIA 05-001) Eugene Gerlica, Quantum Group of Compames MFT Development, Inc. West side of interstate 1-95, between Miner Road and the Boynton (C-16) canal Request for Development of Regional Impact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units. PROGRAM IMPACT FISCAL IMP ACT ALTERNATIVES: N/A N/A N/A Dev 0 ent Deprtment Director City Manager's Signature ~~ CJ. -c-, L Planning and ZcIillig Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agenda Item Request Quantum Park NOPC #15 DRIA 05-0012 1-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC cr. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk s Office D December 7 2004 D December 21 2004 D January 4 2005 D January 18, 2005 December 6, 2004 (Noon) ~ February I 2005 D February 15,2005 D March I 2005 D March 15,2005 January 17 2005 (Noon) November 15,2004 (Noon.) January 31 2005 (Noon) December 20, 2004 (Noon) February 14 2005 (Noon) January 3 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda ~ Public Hearing D Bids D Announcement D CIty Manager's Report D Development Plans D New Business D Legal D UnfInished Business D Presentatlon RECOMMENDATION Please place tlus request on the February 1, 2005 City Commission Agenda under Public Hearing (to be combined with corresponding DRIA Item). The Planning and Development Board reviewed the request on January 25, 2005 and recommends that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No PZ 05-006 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Quantum Park NOPC #15 (MPMD 05-006) Eugene Gerlica, Quantum Group of Companies MFT Development, Inc. West side of interstate 1-95, between Miner Road and the Boynton (C-16) canal 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. PROGRAM IMPACT FISCAL IMPACT ALTERNATIVES: Develop ent Dep ent Directo City Manager's Signature p~ an~g"'c;or CIty Attorney / Fmance / Human Resources S:\PlanningISHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agenda Item Request Quantum Park NOPC #15 MPMD 05-006 2 1-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 05-006 TO Chair and Members Planning and Development Board THROUGH' Michael Rump;)l~ Planning and Zoning Director FROM Ed Breese ~ Principal Planner DATE. January 12, 2005 SUBJECT Quantum Park - DRIA 05-001/MPMD 05-006 Master Plan Amendment #15 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially 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 Canal - (C-16) (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (0 0 ) adopted December 4, 1984 by Ordinance No. 84-51 The original 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 and 04-77 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 #15 proposes amending the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units in the Master Plan The requested change is depicted in Exhibit MC" - Proposed Master Plan and described as follows NOTE #2. Development of the following Land Use classifications should not exceed the following intensities without further City approval - Residential - 1,105 dwelling units 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 (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 (RPC) and the City The DCA and the RPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380 06 (19). Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 The City's Land Development Regulations Chapter 1 5, Sec. 4 3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI Chapter 380 06 F S requires that the local governing body hold a public hearing to review and approve the NOPC The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380 06 (19) If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on October 4, 2004 The proposed Amendment #15 amends the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" in the Master Plan. Therefore the review of the DRI amendment also constitutes a review of the change to the Master Plan for Quantum Park. In addition to the 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 Review Committee (TRC) reviewed the Master Plan change on January 4, 2005 ANALYSIS Notice of ProDosed Chanae (NO PC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 38006 (19). In reviewing the statute section staff determined that two (2) of the criteria apply to the proposed change for Quantum Park 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" 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 105 residential dwelling units to the 1,000 currently approved, for a total of 1,105 dwelling units. The proposed change exceeds this threshold. However, the proposed change also eliminates the previously approved 4,000 seat movie theater In this case, the criterion outlined in Chapter 380 06(19)(e)5.c. applies 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. While Amendment #15 does not involve changes to any land use categories, the addition of 105 dwelling 2 Quantum Park - DRIA 05-o01/MPMD 05-006 Memorandum No. PZ 05-006 units on the Master Plan is linked to the removal from the Master Plan of the 4,000 seat movie theater originally approved in NOPC #9 These changes are reflected in the "Notes" section on the Master Plan The proposed increases and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., concludes that the simultaneous increases and decreases in allowable intensities associated with NOPC #15 results in no increases in approved daily and peak hour trips As of the release of this staff report, the City has not received a response from Palm Beach County Traffic Engineering regarding the proposal's compliance with the Traffic Performance Standards. Conclusion The proposed changes delineated in Amendment #15 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 is only one (1) change proposed The applicant provided the following descriptive summary of this change. 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. The NOTES section of the Master Plan would be revised as follows. "Residential - 1,105 dwelling units" (changed from 1,000) "One Movie Theater Seat - 40 square feet of office gross floor area" (eliminated) "One Movie Theater Seat - 60 square feet of industrial gross floor area" (eliminated) The elimination of the references to the Movie Theater, which was approved in NOPC #9, is proposed to offset any potential traffic impacts associated with the addition of 105 dwelling units to the Master Plan. These proposed changes are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., concludes that the simultaneous addition of 105 dwelling units and elimination of the 4,000 seat movie theater proposed in NOPC #15 results in no increases in approved daily and peak hour trips. All categories on the Land Use Acreage Table remain unchanged in Amendment #15 The Quantum Park DRI acreage total of 553.13 also remains unchanged. The Quantum Park DRI has been amended 13 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" 3 Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 Originally, in the review of NOPC #10 back 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 The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential in an effort to assure that staff's fears of loss of industrial land would be minimized The applicant has now submitted NOPC #15 (the subject of this review) to add 105 dwelling units. In this case however, the applicant has committed those 105 dwelling units to parcels designated as "Mixed Use (MU)", which does not entail any further conversion of industrial land Their request will likely only result in the shifting of the mix of uses within a mixed use pod, preserving the valuable and scarce industrial land 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. 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. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed change in uses. The Palm Beach County Traffic Engineering Division has not completed their review at this time. 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 the proposed changes will not create additional regional impacts. 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. There were no significant local issues identified by the TRC members at this time. The Utilities Department has indicated 4 Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No PZ 05-006 that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested Turning movements and signalization issues can be evaluated and addressed at the Technical Site Plan stage Drainage will also 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 The change proposed by the applicant does not present any issues that are contrary to City policies The proposed change is discussed below. On Lots Desianated MMixed Use (MU) - Amendment #15 proposes amending the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units in the Master Plan. The lots containing the "Mixed Use (MU)" designation are noted as follows: Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East & West (now called Parks ide) This project is nearly built-out. Lots 59-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes Villas. This project is complete. Lots 62-67 & 100. These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by Olen Development in 2002 known as Quantum Park and Village South. The rental apartment component of this project is under construction Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is currently under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park is 94 86 acres, which is approximately 17% of the total acreage of the DRI (553.13 acres) It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and Village North, since the office and retail components of these projects has not begun construction. The subdivision master plan for either of these sites would require a formal modification and review in front of the Board and City Commission to incorporate the additional units while reducing other approved uses on the site Based upon discussions staff has had with Olen Development, they would intend to amend the plans for Quantum Park and Village South to accommodate the additional dwelling units, while redesigning the office and retail components. 5 Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 Lastly, the applicant also requested an increase in the building height allowed for "Mixed Use (MU)" designated parcels, from the existing 45 feet to a maximum of 60 feet. Staff indicated that height was not a characteristic of the DRI or Master Plan and that height limitations were located within the Planned Industrial District (PID) regulations. Therefore, the height request will not be addressed in the NOPC The applicant has been instructed that, should a change be proposed to the height limitation, a Code Review (CDRV) request, justification and review fee must be submitted to amend the PID regulations Conclusion As indicated herein, the impacts of the proposed DRI amendment on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised The proposed amendment is consistent with City policies and appears compatible with surrounding land uses. 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 Therefore, staff recommends approval of DRIA 05-001 subject to the Conditions of Approval attached in Exhibit "0" Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of request for 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, subject to the Conditions of Approval attached in Exhibit "0" S:\PlANNINGISHARED\WPlPROJECTs\QUANTUM PARK 2005 AMEND #15+ MPMDIORIA 05-001ISTAFF REPORT #15.DOC 6 hll , Ii llie fi_1 !II. , g~ i ! II ~ , I . I I 1~1. I ,II: r ~: ! EXHIBIT B iii'iljl Illn'IIIII-. I IIIIU II II .,*11111 II III I Ii I' I I I. 1!!'111 I 11,11 III~: · II!! , &1,' I tl II I I I ! ~ 111-------------- I I I I I I I I I I I I 'WII'tO t-J QlJf."I ~~----------------1f_ I I I I I I I I I I I I ---.. I i 'i' ill J ... !I I If Ilf : I I I I I I I I ---------iP. I-I; . un 1111'...;11 I II I W111 I Ilallblllll I 1111111111111 i i i ~ I 'j IPs I :~ I !~~ IIII1 .. ill.. .;111 IIIBIIIIIII I '1111 i ..III II" .... ....,~~ i iili 'lie ~ i~ iiJ~ !i~~ ..... y g~ .. Q !I II! . I Iii' t I , ~i { I' I ~Ii \ , t H \H"iHi' n iWWl' H \ I ! II i \ I! ! l! I is' ~I \i I I 1 ~ I ' i ~ ii' I !. l ~ \ I . ll~ ! I it I i I )1 ~ ~ i ? ;; I r EXHI IT C Id30 8NINOl _ ONIJ 9NINNVld L-l 11:1' ~00l t 330 1m L~I ill Ilj il ill @ ill @J "\'t~,-3Ql111>'l ~ !it~ ii~~:~~gO;~i \ i l(\ :l!CIl~ ~ ~ ifI ~ lill\l ~ ~ ~ ~ p~!";p,,,i"~tir:.~i" iil 86i8IlJCi*~i~;~ ~ ,@@'DII@@@' CONGRESS ^vEHuE " ~ ~ . ..12 c ~ .. o ~ ~ . " . , i \ ~ ~~~~goa~~i "'2 0 ~~ E: \ !!lmnu I ! llIil! ~~~~ S ; i ~~ ~ ~ ~ u; ~ u~ ~l ai ~I ~~ i ~ ~ .. i 1m I i ~ --- -~---------------~ EXHIBIT "D" CondItIOns of Approval PrOject name' Quantum Park NOPC # 15 File number DRIA 05-001IMPMD 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) S.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted bv 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 Engineering. 3 PrOVIde notice of school concurrency from Palm Beach County School X Board for the addItional 105 residential dwelling units beIng requested. 4 Amend the Substantial Deviation Determination 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 charactenstIc of the DR! or the Master Plan. Height limitations X are located within the Planned Industrial District (Pill). Therefore, the heIght request will not be addressed In the NOPC If a change is proposed to the height lurutatIOn, a Code Review (CDRV) request, JustIficatIOn and reVIew fee must be submitted to amend the Pill 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. I 1 To be determIned. I I I S'\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\COA.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated Initiating department must prepare Agenda Item Request Form Submit original agenda request (with back up) and one CODY of aQenda request (with back up) to the City Clerk's office Items must be submitted by the deadlines indicated below Incomplete or late items will be returned to originating department. Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. ,Exhibit "A' Department Head's initials Quantum Park NOPC #14 (MPMD 05-006) Please do not write in the shaded area below Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason City Manager's signature o Person contacted to pick up rejected request by on (Date) bg 7/19/02 S. \Planning\Planning Templates\Agenda Item Cover Sheet Checklist Dee 7 March 15, 200s.doc + 2E THE PALM BEACH POST MONDAY, JANUARY 31 2005 LEGAL NOTICES ^ amending the maximum determining the appropriate the Jupiter Town Council which is Main Palm Beach Village Clerk NO. 2479857 number of dwelling units action to take, the Commis- regarding proposed amend- County Courthouse, 205 PUB: The Pa NOTICE OF PUBLIC allowable within the areas sion will consider all pro- ments to the Frenchman's North Dixie Highway, West January 31,: HEARING designated for "Mixed Use tests or other comments _Creek North development of Palm Beach, Florida 33401 NOTICE IS HEREBY GIVEN (MU)" from 1,000 to 1 105 filed, but only those who file regional impact. This hear- The names and addrasses that the City Commission of dwelling units. a motion to intervene in ing is held pursuant to of the personal raprasenta- the City Of Boynfon Beach, APPLICANT accordance with the Comm- Chapter 360.06(19)(1)3, tive and the personal Florida, Will conduct a Pub- Quantum limited Partners, ission's Rules may become Florida Statutes. representati1le's attorney NO.: Iic Hearing at 7'00 P.M. or ltd. a party to the proceeding. Frenchman's Creek North is are set forth below. NOTICI as soon tnerealler as the All interested parties are Any comments, protests, or requesting a public hearing All craditors of the Decedent In order to er agenda permits on Tues- notilied to appear at said motions to intervene must with respect to a proposed and other persons having imposed pr' day Februa<y 15, 2005, In hearing in person or by be received on or before the amendmentlo the existing claims or demands against to the Flori, the City Hall Commission attorney and be heard. Any specified comment dste for development order The Decedenfs estate on whom Facility A Chambers, 100 East Boyn- person who decides to theparticularapplicalton. amendmenlis as follows: a copy of this notice has 83,801-83 ton Beach Boulevard appeal any decision olthe Comments, protests and in- Notice Of Proposed Change been served musllile their STOR GF Boynton Beach. FlOrida. City Commission with terventions may be liled ele- (NOPC) to the Develop- claims with this Court SELF ST< The purpose of this public respect to any matter ctronicallyviathelnlernelin menIOrder(DO)forlhe WITH'NTHELATEROF3 lntendsto'SI hearing IS to consider a pro- considered at this meeting lieu 01 paper; See 16 C,F.R. Frenchman'S Creek North MONTHS AFTER THE lion to the h posed change to the Boyn- will need a record of the 365.2001 (a)(l)(iii) and the DeveloE.ment 01 Regional DATE OF THE FIRST der propert ton Beach Park Of Com- proceedings and tor such instruc-tions on the Com- Impact\URI}. PUBLICATION OF THIS "vanous ite merce Development Order purpose may need to mission's web sile under Revisions to the DO: NOTICE OR 30 DAYS 'property be (Ordinance No 84-51) as ensure that a verbatim 'e-liling" link. The Commis- Modify the legal descrlp- AFTER THE TIME OF stored byte, amended by Ordinance record of the proceedings is sion strongly encourages tions of the Bear's Club and SERVICE OF A COpy OF erty DeSCril Nos. 86--11, 86-37, 88-3, 94- made which record electronicliling. Ritz-Carlton GoII Club and THIS NOTICE ON THEM. deecribed~ 10,94-51 96-33,96-65,97 includes the testimony and s. Filing and Service 01 Res- Spa Planned Unit Develop- All olher creditors 01 the Tenant Ur 20,99-05,00-02,01-54,02- evidence upon which the ponsive Documents Any ments (PUDs) to transfer Decedent and other par ~ 54 and 04-77 and determi- appealis to be based. filings must bear in all cap- 12.1+/- acres of residential sons having claims or AnaR.yes, nation as to whether or not The City shall furnish ap- itallelters the tille 'COM- land from the Bear's Club to demands against Dece- hold Goods the proposed change con- propriate aUXiliary aids and MENTS". 'RECOMMEN- the Ritz-Carlton Golf Club dent's estate must liIe their Balvin Sota, stitules a substantial devia- services where necessary to DATIONS FOR TERMS and Spa. claims with this Court hold Goods tion to the approved devel- allord an individual with a AND CONDITIONS', 'PRO- Modify the dislribution of the WITHlN:3 MONTHS AFTER Adalys E. H- opment order with respect disability an equal op- TEST", OR 'MOTION TO 275 total authorized resi- THE DATE OF THE FIRST HouiIehoIdG to the property descnbed portunity 10 participate in INTERVENE' as applic- dential units to provlde for a PUBlICATtON OF THIS Clifford FOJ belowlocaledwlthlnthe andenjoythebenefitsofa able and the Project maximum of 107 units in the NOTICE. Househokl'<3 corporate limits 01 said City, service, program, or activity Number 01 the particular ap- Bear's Club PUD and 168 ALL ClAIMS NOT SO FILED Clllford For pursuant to the request ~f conducted by the City plication to which the filing units in the Ritz-Carlton GoII WILL BE FO R E VE R Household G the partIes In Interest and In Please contact Patricia refers. Any of the above- Club and Spa PUD. BARRED. Ileana M A comJlliance with Chapter Tucker (561) 742-6266, at named documents musl be At such time and place the NOTWITHSTANDING THE HousehoIdG 380, Florida Statutes. leasltwenty-Iour (24) hours II led by providing the Jupiter Town Council will TIME PERIOD SET FORTH Francisco'F REQUEST Notice of Pro- prior to the program or onginal and the number of hear all evidence and argu- ABOVE, ANYCLAlM FILED Household G posed Change activity in order for the City copies provided by the ments in support of or In TWO (2) YEARS~R MORE Sarah Mooto, QUANTUM PARK DRI at to reasonably accommodate CommiSSion's regulations opposition to this item. AFTER THE DECEDENTS hold Goods BOYNTON BEACH your request. to: The Secretary Federal Town Council consideration: 0 ATE 0 FOE A T HIS The above ut Formerly Boynton Beach CITY OF BOYNTON BEACH Ene r!l y Reg u I a tor y Resolution 9-05 BARRED. . at and the s Park 01 Commerce Com- PLANNING AND ZONING Commission, 888 First Anyone desiring to appeal a The date of fKSt publication of place at Sp prehensive Deveiopment ot DIVISION Street, N,E., Washinglon, decision 01 the presiding this notice is January 24 Storage, 60: RegIOnal Impact (561 742-6260) D.C. 20426. A copy of any body on matters considered 2005 ROBer, Gre LEG~L DESCRIPTION: PUB: The Palm Beach Post motion to intervene must at this meeting or hearing Attorneyfor 33483 on MI A Tract 01 land lying partially January 31, 2005 also be served upon each will need a record 01 the Personal Representative 11:00 AM. TI in Section 16, 17 20 and representative ofthe Appli- proceedings, They may MichaelW.Schafer jecttolerms 21 Township 45 South NO. 2422711 cant specitied in the partic need to ensure that a vel- Florida Bar No.. 929638 sale site an< Range 43 East, Palm Beach UNITED STATES OF ular application. batim record is made, 8B East High Street celled III tl)s County Florida, said Tract AMERICA FEDERAL t. Agency Comments including the testimony and Ballston spa,'NY 12020 redeems Its p being more particularly ENERGY REGULATORY Federal, state, and local evidence on which the '(518)884-0970 SpaceStorGI des c rib e d a 5 10 II 0 w s COMMISSION agencies are invited to tile appeal is based. Personal Representative Storage LlC Com men c i n gat the NOTICE OF APPLICATION commenls on the described Please direct inquiries per- Donna M. Spoor lIa SIl8Ce Stor Southwest corner ot said ACCEPTED FOR FILING application. A copy 01 the taining to the al)ove matter 564 McKinney Road 8035 lake Wo Section 17 then North AND SOLICITING MOTIONS application may be obtained to the Department of Com- Delanson, New York 12053 Greenacras Fl 1 E44'39" East. along the TO INTERVENE, PRD- by agencies directly from munily Development, Mon- PUB: The Palm Beach Post 561-649-ll2OO West line 01 Section 17 a TESTS, AND COMMENTS the Applicant. II an agency day through Friday, 8:00 IUA January 24, & 31, 2005 PUB:]he Pain distance of 1318.10feettoa (December 30, 2(04) does notlile comments t05:00PM,(561)741-2452. NO 2579369 January24,& point in the intersection with Take notice Ihat the tollow- within Ihe time specified lor The proposed amendments . AthveeCneuent,earslinreecoofrdNe'dW"n202.nRd. ihnagshYderoeenlefct,'lreicdaPWp,.ltiChattihOen filing comments, it will be are available to the public TO WHOM IT MAY CON- b presumed to have no com- !or inspection. The above P~~~E TAKE NOTICE that Book 1736, Page 1686, of Commission and is avail- ments One copy of an Item may be postponed 01 the Public Records of Paim able lor public inspection: agency's comments must withdrawn without prior the Village, of North Palm NO.2f Beach County Florida a. Type of Application: Pre- also be sent to the Appli- notice. Beach, FlOn<!B WIll have on LEGAl I thence with a bearing of Iimlnary Permit canl's representatives. Sally M. Boylan second reading the lollow- NOTICE OF P North 69E04'32" East. along b. Project No.. 12519-000 Magalle R. Salas Town Clerk B':'I~ ~~~ro;.n~"g'ADI_ Notification is the centerline ot NW 22nd c. Date filed: July 12. 2004. Secretary. KarenJ, Golonka I o. that Wach Avenue a distance of and supplemented on PUB' The Palm Beach Post Mayor NANCE OF THE VILLAGE National Ass 778.37 teet to the Point of November 1 2004. Jan. '10,17,24, & 31,2005 PUB; The Palm Beach Post f~~:g:~- NOtRt~EpXL'M South Coli, Beginning; thence North d. Applicant: Florida Hydro, NO. 2579889 Janua!)' 31,2005 BEACH FLORIDA AMEN- Charlotte, ~ 1E44'39" East, a distance of Inc. NOTICE AND ORDER OF NO. 2574016 DING SECTION 2-26, C80uBBnty NI?I 1247.06 feet to the South e. Name ot Project: Gull CONDEMNATION OF TOWN OF HAVERHILl ~""'~R OF BUSINESS, OF ~ 2 has If right ot way line 01 L.W.D.D Stream Energy Project vnu<: lion on Janu lateral21 thence North f. Location: On Gull Stream UN~fR~~fl~~tE PU~S~I~~NG g:Y~~pfE~Fl~J~~~d! with the Com 89E06'49" East along the in the Atlantic Ocean. near TO' Olenza D & Venita H. A PUBLIC HEARING wl'll be TRATION, OF THE CODE CCuFrreRncypt'5as3'( South right of way line Palm Beach County l. W D 0 lateral 21 as Florida. No lederalland or Roberts held at 7:00 p.m. on Febru- OF ORDINANCES OF THE ing R9gul8tior recorded in 0 R Book facilities would be used. 16822 Murcott Blvd, ary 10, ll005, at the Town VILLAGE, PROVIDING ers forpennil 1732, Page 612 01 the g. Filed Pursuant to: Fed- Loxahalchee, Fl 33470 Ha" 4585 Chartotte Street, THAT ORDER OF BUSI- lish a dOrnestio Public Records of Palm eral Pow9<'Acl. 16 U.S.C. RE: 915-7th Street Town of Haverhill, Florida, NESS MAY BE VARIED BY known as Mil, Beach County FlOrida a 791 (a) 825(r} Lot 9, BlllCk 4 . . to consider amendments to UNANIMOUS CONSENT (araa) Military distance 01635.93 f~et'to h Applicant Contact. Mr Freshwater Addlllon to West the Annexation and Devel- OF THE COUNCILMEN leuca Ln Gn the cente rline 01 the Michael J. Hoover, Florida P~lm Beach Amended. opment Agreement dated PRESENT PROVIDING 33483. ' L.W.D.D Equalizing Canal Hydro Inc 171 Comlort TO Olenza D & Venita H, May 7,2001 by and bet- FOR SEVERABILITY, Any person wil E-4 as recorded In 0 R. Road Palaika FL 331770 Roberts ween the Town 01 Haverhill PROVIDING FOR THE ment on this Book 1732, Page 612, of \386) 328-2368. ' P:O. Box 9621 and Haverhill Associates, REPEAL OF ALL ORDI- may file comr the Public Records of Palm i. FERC Contact: Robert Bell, RIViera Beach, FL 33419 lor the approximate ten (10) NANCES OR PARTS OF ing with the li Beach County Fiorida, (202) 502-6062, RE: 915 -7th Street acre parcel located a15C!O ORDINANCES IN .CON- ager,licensin thence along the centerline j. Deadline for filing com- Lot 9, Block 4 .. N. Haverhlil Road, Ha'!8rhlll, FlICT HEREWITH, AND Mail Stop 71< 01 the above described E-4 ments, protests, and mo- Freshwater AddItIon to West Flondaon the east SIde 01 PROVIDING FOR AN of the Curre Canal with a curve to the lions to intervene: 60 days Palm Beach Amended Haverhl!' Road across 110m EI,'FECTlVE DATE, , Street, SW , right having a chord bearing from the issuance date of TO. Olenza D. RobertS. Haverhlll Baptist Church. ThiS pro~sed ordmance DC 20219, wi 01 North 10E32'52" East, a this nolice. 1~81 W. 14th SI. The amendments requested may. be Inspected by th,e after the date radius 01 750 00 feet. a The Commission 5 Rules of RIVIera Beach, FL 33404 by the owner 01 the prop- pul?fic at the Village Clerk s cation. The n central angle of 4E04'17", Practice and Procedure RE. 915 - 7th Street erty and t~ be consIdered at offu:e, North Palm Beach, tlal portions O' and an arc length 01 53.29 require all intervenors filing Lot 9, Block 4 . . the meeting Include: ~ l Flooda, between 8:30 a.m. lion are on t feet; thence continue along documents with the Com- Freshwater Addition to West amend the sIte plan; 2 and 4:30.p.m., MOl!day Deputy CampI the centerline of the E-4 mission to serve a copy 01 Palm Beach Amended extend the t~"m 011 e throuah Fnday, and Will be of the publictil Canal, with a bearing 01 that document on each per- TO. Terry Bryant Agreem~nt until ~cember read for the'lS8COnd time at available lor p North 12E35'00" East, a son in the official service list 915 - 39th St. 3f,2005. (3) reqUl~e co'!'p- 7:30 p.m. at Village H!JlI, tion during rag distance of 320.69 feet to a lor the project. Further. il an West Palm Beach, FL 33407 lelloh of the. unbUlIt ~U1I~- North Palm Beach, Flonda hours. point 01 curve; thence with a intervenor liles comments or RE. 607 - 20th Street lOgs on the site plan with SIX on Thursday, February ~O, PUB: >he Palm curve to the lell having a documents with the Com- Lot 4, Block 7 monlhs; (4) pe.rmllll,ng on!}' 2005. Interested parlles January 31, 200 radius 01 6500.00, a central mission relating to the mer- Pleasant City one Irees~andlng sign; (~) may appal!.r at the February ngle 013E28'30", and an arc its 01 an issue that may af- TO. Terry Bryant not permlttmg any busl- ll!'h meeting and ~ heard length 01 394 231eet lecttheresponsibililiesola 1109WnghtSt. nessestooperatelromany with resl?ectto this pro- thence North 9E06'30" East, particular resource agency RIViera Beach, FL 33404 01 the storage Units; and (6) pased Ordir1lln?l. a distance 011979.16 feet to they must also serve a copy RE. 607 - 20th Street allowmg outdoor. storage for If a pe~ ~ides to appeal a point on the North line of ot the document on that Lot 4 Block 7 two 01 the bUIldings on the a~y deCISion ,tna,de by the Section 17 thence with a resource agency. Pleasant City sile plan. A Imal decision on VilIageQluncll wiI~ raspect bearing 01 North 89E16'39" k. Description of Projecl: TO. Barbara "!.ry,!'nt the above. requested al1l8{l- to any mailer con!lldere~ at East, along the North line 01 The proposed project would 1220 Avenue R dmel!ts Will be made at this the ~lIage CounCil meeting, Section 17 a distance of consist ot; (1) a generation RIViera Beach, FL 33404 meeting: All mterested par- he Will need a record 01 the 1964.50 feet; thence Soulh tarm containing up to 8 sub- RE. 607 - 20th Street ties ara mvited to attend and proceedings and for such OE02'11" East, a distance ot merged two-counter rot at- Lot 4, Block 7 be heard WIth respect to the . purpose he ma.y need.to 2625.18 feet; thence North ing fiberglass blades and Pleasant City proposed amendments. ensure that a ver~atl!" 89E08'49" East, a distance integrated turbine gene rat- TO. Barbara Bryant PLEAS E TAKE NOnc,!" record of the proceedIngs IS 01 368.961eet to a point on ing units having a lotal in- 915 - 39th St. AND BE ADy'I!'JI!1~~~~ ~~~~~lc~_if!du~l!S the the North right of way line of stalled caDacilv of 2 tn ~ \Nest Palm Beach, FL 33407 ~ nv n"HO NO. 252 LEGAL N PUBliC NOTIC given that, ( Cl1apter 10U Statutes, tel tabulating equ used for !he T c RIdge and the 1 Beach Munlcil to be hAId on DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 05-011 TO. Janet PramIto CIty Clerk FROM ~ (;>\0 Michael W Rumpf Planmng and Zomng DIrector DATE January 6,2005 SUBJECT QUANTUM PARK DR! at BOYNTON BEACH (NOPC #15) DRIA 05-001 Accompanymg tills memorandum you will find a copy of a request for a legal advertIsement prepared for the February 15, 2005 Boynton Beach CIty ComnnsslOn meetmg for the above- referenced DR! amendment applIcation. The applIcation fee for staff processmg and reVIew has been forwarded to the Fmance Department. The legal advertIsement WIll be forwarded to your office, after reVIew by the CIty Attorney S:\Planning\SHARED\WP\PROJECTS\Quantum Park 2005 Amend #l5\DRJA 05-00l\MEMO-LEGAL 05- OOl.doc REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below ORIGINATING DEPARTMENT Planning and Zoning Division PREPARED BY Michael W Rumpf DATE PREPARED: January 6,2005 BRIEF DESCRIPTION OF NOTICE OR AD: Quantum Park notice of proposed change to the DRI developmp.nt ordp.r to change the mastp.r plan amp.nding thp. maximum number of dwp.lling units allowablp. within the areas dp.signated for "Mixp.d Use (MLJ)" from 1 ,000 to 1 1 05 dwelling 1J.D.its SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section Placement, Black Border, etc.) Pursuant to Chaptp.r 380 06 (19) (f) of Florida Statues, therp. appear to bp. no special requirements SEND COPIES OF AD TO Planning & Zoning Division, Eugenp. Gp.rliea for MFT Devp.lopmp.nt Inc Agent. David B Norris ESQ, Newspaper, City Attorney NEWSPAPER(S) TO PUBLISH. The Post (np.wspaper of general circulation), since this is a project of rp.gional impaet DATE(S) TO BE PUBLISHED. .January 31, 2005 APPROVED BY (1) lue (Division Head) /-6 -os- (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a Public Hearing at 7.00 PM. or as soon thereafter as the agenda permits on Tuesday, February 15, 2005, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The purpose of this public hearing is to consider a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No. 84-51) as amended by Ordinances 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 and 04-77 and determination as to whether or not the proposed change constitutes a substantial deviation to the approved development order with respect to the property described below located within the corporate limits of said City, pursuant to the request of the parties in interest and in compliance with Chapter 380, Florida Statutes. REQUEST Notice of Proposed Change QUANTUM PARK DRI at BOYNTON BEACH Formerly Boynton Beach Park of Commerce Comprehensive Development of Regional Impact LEGAL DESCRIPTION A Tract of land lying partially in Sections 16, 17,20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows. Commencing at the Southwest corner of said Section 17, thence North 1E44'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R. Book 1738, Page 1686, of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89E04'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1 E44'39" East, a distance of 1247 06 feet to the South right of way line of L. WOO Lateral 21, thence North 89E08'49" East along the South right of way line L. WOO Lateral 21, as recorded in 0 R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635 93 feet to the centerline of the L.W 0 0 Equalizing Canal E-4, as recorded in o R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750 00 feet, a central angle of 4E04'17", and an arc length of 53.29 feet; thence continue along the centerline of the E- 4 Canal, with a bearing of North 12E35'00" East, a distance of 320 69 feet to a point of curve, thence with a curve to the left having a radius of 6500 AD, a central angle of 3E28'30", and an arc length of 394.23 feet; thence North 9E06'30" East, a distance of 1979 16 feet to a point on the North Line of Section 17, thence with a bearing of North 89E16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" East, a distance of 2625 18 feet; thence North 89E08'49" East, a distance of 368 96 feet to a point on the North right of way line of N W 22nd Avenue as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19E27'31" East, a distance of 50 00 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of North Page 2 Quantum Park - Notice of Public Hearing 75E29'49" East, a radius of 163702 feet, a central angle of 9E53'58", and an arc length of 282.85 feet to a point; thence north 12E02'41" East, a distance of 91572 feet; thence NorthOE31'11" East, a distance of 399 70 feet; thence North 89E12'37" East, a distance of 413.21 feet; thence South 88E22'56" East, a distance of 1349 70 feet to a point on the West right of way line of the Seaboard Coastline Railroad, thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue, thence North 88E27'31II West, along the centerline of N W 22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a distance of 130669 feet; thence South 88E45'31" East, a distance of 333.51 feet to a point on the West right of way of the Seaboard Coastline Railroad, thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312.49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E15'22" West, a distance of 92057 feet; thence North 88E50'04" West, a distance of 18760 feet; thence with a bearing North OE49'21" West, a distance of 20000 feet; thence North 88E50'04" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 4000 feet; thence South OE49'21" East, a distance of 556 84 feet; thence North 88E50'04" West, a distance of 3617.26 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5E18'14" West, a distance of 15313 feet, thence with a curve to the right having a radius of 45000 feet, a central angle of 15E36'44", and an arc length of 122.62 feet; thence North 10E18'30" East, a distance of 988 60 feet to a point of curve, thence with a curve to the left having a radius of 450 00 feet, a central angle of 18E20'OO", and an arc length of 14399 feet; thence with a bearing of North 8E01'30" West, a distance of 1255 14 feet to a point on the centerline of N W 22nd Avenue, thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 817 85 feet more or less to the Point of Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record 591 55 AC 51 70 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA OF QUANTUM PARK 539 85 AC Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P C 0 Center, containing 13 17 acres, as recorded in Plat Book 60, Pages 106 and 107, of the Public Records of Palm Beach County, Florida, for a total proposed net land area of 553 02 acres PROPOSED CHANGE. The Master Site Development Plan Amendment No. 15 has been revised to reflect the change described below The revised Master Site Development Plan is incorporated into this Notice of Proposed Change by reference and has been submitted to the City of Boynton Beach for consideration by the City Commission for amendment and approval. 1) Change in the master plan amending the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units. APPLICANT Quantum Limited Partners, Ltd. All interested parties are notified to appear at said hearing in person or by attorney and be heard Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City Please contact Patricia Tucker (561) 742- 6268 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561)742-6260 PUBLISH Palm Beach Post January 31,2005 S:IPlannlngISHAREDIWPlPROJECTSIQuantum Park 2005 Amend #15 + MPMDIDRIA 05.0011 Legal,doc