AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D August 3 2004 (Noon.)July 19 2004 [8J October 4 2004
D August 17 2004 (Noon) August 2, 2004 D October 19, 2004
D September 7 2004 (Noon) August 16,2004 D November 3, 2004
D September 21 2004 (Noon) September 7 2004 D November 16, 2004
Date Final Form Must be Turned
in to City Clerk's Office
(Noon) September 20, 2004
(Noon) October 4 2004
(Noon) October IS, 2004:'
(/)
(Noon) November 1 200~
en
D Administrative D Development Plans :0-
::;::
NATURE OF [8J Consent Agenda D New Business .r;:-
AGENDA ITEM D Public Hearing D Legal U1
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D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION Please place this request on the October 4,2004 City Commission Agenda under Consent
Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved.
For further details pertaining to the request, see attached Department of Development Memorandum No PZ 04-201 Please
note that this request for Master Plan ModifIcation corresponds, and is timed with the application Quantum Park DRIA 04-
001, which is scheduled for second reading on this same agenda. The accompanying staff report covers both items.
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
Quantum Park NOPC #14 (MPMD 04-005)
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 add the "Office/Industrial & Industrial
with Retail Sales" (01 & Ind/R) land use designation to lots 17, 21, 50A and 52;md to
change the use designation on lots 81 and 82 to "Governmental & Institutional "within the
Development of Regional Impact (DRI).
PROGRAM IMP ACT
FISCAL IMPACT
ALTERNATIVES:
N/A
N/A
N/A
~s~w,
~~
P anning and Zo g irector City Attorney / Finance / Hwnan Resources
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO PZ 04-201
TO'
FROM
Chair and Members
Planning and Development Board
Michael Rumpf ~~'t-
Planning and Zoning Director
Ed Breese ~
Principal Planner
THROUGH
DATE.
August 11, 2004
Quantum Park - DRIA 04-001/MPMD 04-005
Master Plan Amendment #14
SUBJECT
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 12
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 and 02-54 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 #14 proposes amending the existing use designations on several lots in the Master
Plan, including creation of a new "IND/R" (Industrial with Retail Sales) designation. All requested
changes are depicted in Exhibit "C" - Proposed Master Plan and described as follows.
1) Change in the Master Plan designation of Lots 17,21, 50A and 52 from Office/lndustrial
(01) land use to Office/lndustrial and Industrial with Retail Sales (01 & IND/R). The
proposed designation includes office and industrial uses as before, with the addition of
retail sales associated with an allowable industrial use, and
2) Change in the Master Plan designation of Lots 81 and 82 from a land use of
Office/lndustriallCommercial (OIC) to Governmental & Institutional (G & I).
BACKGROUND
An amendment to a D~velopment of Regional Impact (DR/) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (RPC) and the City The DCA and the RPC are reviewing the
Quantum Park - DRIA 04-o01"vl~MD 04-005
Memorandum No. PZ 04-201
proposed NOPC and will provide comments following the procedures outlined in Chapter 380 06
(19).
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI Chapter 380 06 F S
requires that the local goveming 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 15,
2002. The proposed Amendment #14 alters the approved land uses for that Master Plan.
Therefore the review of the DRI amendment also constitutes a review of the changes 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 changes on
August 10,2004
ANALYSIS
Notice of Pro Dosed Chanae (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380 06 (19). In reviewing the statute section staff determined that only one of the
criteria applies to the proposed changes for Quantum Park DR/. This criterion, which is
applicable for review of this proposed change is provided in Chapter 380 06(19)(e)5., which
states: "The following changes to an approved development of regional impact shall be
presumed to create a substantial deviation. Such presumption may be rebutted by clear and
convincing evidence"
4 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 a 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. Amendment #14
involves changes to four land use categories: Office/industrial/Commercial,
Office/Industrial, Governmental & Institutional and the creation of Industrial with Retail
Sales (IND/R). There is a loss of Office/lndustrial/Commercial (OIC) acreage, but the
allowable square footage thresholds would not change on the Master Plan.
Simultaneously, there Is an increase in the Governmental & Institutional (G & I) acreage.
These changes are reflected in the "Notes" section on the Master Plan. The proposed
2
Quantum Park - DRIA 04-001....PMD 04-005
Memorandum No. PZ 04-201
increases and decreases are presumed to maintain the vested traffic generation level of
63,752 average daily trips (ADT).
Conclusion
The proposed changes delineated in Amendment #14 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 #3 regarding Palm Beach County Traffic Performance Standards
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DRI There are two (2) major changes proposed The applicant provided the following
descriptive summary of these changes.
Lots 17.21. 50A and 52 (10.85 Acres)
These lots were previously designated as Office/industrial (01) Land Use. The Land Use would
be revised to "Officellndustrial and Industrial with Retail Sales (01 & IND/R)"
Lots 81 and 82 (9.39 Acres)
These lots are currently designated as Office/Industrial/Commercial (OIC) Land Use. The Land
Use would be revised to "Governmental & Institutional (G & I)"
Table 1 provides the proposed acreage changes to the DRI Master Plan.
TABLE 1 DRI MASTER PLAN LAND USE ACREAGE CHANGES
79.82
0.00
55.90
9.39
All other categories on the Land Use Acreage Table remain the same as approved in
Amendment #13 The Quantum Park DRI acreage total of 553.13 also remains unchanged.
The Quantum Park DRI has been amended 12 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
3
Quantum Park - DRIA 04-001/IVIPMD 04-005
Memorandum No PZ 04-201
wish to propose changes to an approved development of regional impact, including changed
market conditions"
These proposed changes to the Master Plan were 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
Reqional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated In the case of the Quantum Park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/re-designation
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. 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 changes to the
land use designations The Palm Beach County Traffic 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 changes 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
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 Master and
Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and
Technical site plan approvals, and must satisfy all requirements of the City and local drainage
permitting authorities.
4
Quantum Park - DRIA 04-o0111v.PMD 04-005
Memorandum No. PZ 04-201
Consistency and Compatibility with City Policies
Of the changes proposed by the applicant, none present issues that are contrary to city policies
The proposed changes are discussed below
Lots 17. 21. 50A and 52 - Lots 17, 21 and 52 are all vacant parcels on Gateway Boulevard
between Quantum Boulevard and the LWDD E-4 Canal Lot 50A is located on High Ridge
Road, south of Gateway Boulevard Lots 17, 21, and 52 are situated between groupings of
properties designated as Mixed Use and/or Commercial. The addition of retail sales in
conjunction with recognized industrial businesses would appear to be highly compatible. Lot
50A is a vacant parcel, six (6) lots south of CarMax on High Ridge Road, south of Gateway
Boulevard, intermingled with a number of parcels designated Office/Industrial (01). The
proposed revision to include retail sales as a part of an industrial operation would appear to be
compatible with the surrounding industrial businesses, which may already have a wholesale
component, and office type businesses
There appears to be no downside to the proposed change on these lots and the new
designation should improve the marketability of these parcels, ultimately leading to construction
on the properties and introduction of new business to Boynton Beach.
Lots 81 and 82 - The second part of the requested amendment is to change the designation of
vacant Lots 81 and 82, located at the southeast corner of Gateway Boulevard and High Ridge
Road, from OfficellndustriallCommercial (Ole) to Governmental & Institutional (G & I). As the
City of Boynton Beach has purchased the two lots totaling 9 39 acres for future City use,
including possible construction of a Fire Administration Building along with a fire station for the
northeast section of the City. the Governmental & Institutional (G & I) designation is totally
appropriate.
Conclusion
As indicated herein, the impacts of the proposed DRI amendments 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 amendments are consistent with City policies and appear 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 04-001 subject to the Conditions of Approval attached in Exhibit
"0"
Regarding the proposed modifications to the Quantum Park Master Plan staff recommends
approval of designating Lots 17, 21, 50A and 52, Officellndustrial and Industrial with Retail
Sales (01 & IND/R) and designating Lots 81 and 82, Governmental & Institutional (G & I),
subject to the Conditions of Approval attached in Exhibit "0"
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EXHIBIT "D"
CondItIons of Approval
Project name Quantum Park NOPC #14/ Master Plan ModIfication
File number DRIA 04-001 MPMD 04-005
R fi M PI . d . fi d h J 1 7 2004 PI & Z
d
k1
e erence aster ans 1 entl Ie WIt a Uly , annmg onmg ate starn mar ng.
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.
1 The applicants will be subject to all applicable rules and regulations of all X
governmg agencIes as each SIte IS mdIvidually developed.
BUILDING DIVISION
Comments. None X
PARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENT ALIST
Comments. None X
PLANNING AND ZONING
Comments
CondItions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. 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.
3 Provide notIce of concurrency (Traffic Performance Standards ReVIew) X
from Palm Beach County Traffic Engineenng.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments.
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
To be determmed.
S'\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #14 + MPMD\COA.doc