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AGENDA DOCUMENTS ct, 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 N 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 S:\PlanningISHARED\WP\PROJECTS\Quantum Park Amendment #14 + MPMD\Agenda Item Request Quantum Pk NOPC #14 MPMD 04-005 10-5- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC (") n-l =i-< -<0 O""Tl .-co "10 ,-< .'>~ :z:: (1)6 Ox -" -rtCO -fTl (J:;> i1ln ::I: 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" S:\PLANNING\SHARED\WP\PROJECTS\QUANTUM PARK 2004 AMEND #14+ MPMD\DRIA ~1\STAFF REPORT I\!14.00C 5 ~~,_.:aGATi~N' :..-;M' A:L- _ !;uXNTOMf' - ~n.~JK'" _ II - . ," f"'j--' --- -- .-- - r-Mn - . . .,., ~,.... -' _ 1 ~ [iI::l"..!! 'b.n: J / f . t!J1iik ~~ 5 . <1 N~T UJ~ VJ r~~.1 ~1 j::..... 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IJ r~iI' ~n~7 'p ~ "T ! .1I nI r~, ,~ paj ,1 r-l G .._-- n____'--..-.. --- ,--"~ - --- \ \t , i tit t ~\1\ ~ , \\\\itt~;\ ~\m\\\~~\ \ ~ ~a~~'~~~~~~ i l t,.....\l ~~l . i' ~1 \ I ... \ a Ij:o&~U~&O ~ '\is o ~ __---EXH\ts\ , v , \ \; ;!i B ~ 'i ~ l ! 'f! .' id~l u \ ~ \ ~~ ~ \ till \ iO \ ~\! \ 4 t \ ii- ~ &t 4 i\i\ \ .. \ '& :J~ ~ \ ia \ ~, \ \ \ \ .. - \ :2 ::Ii \ \ ~1 . .' o' I I I I I I I \ I I '" ,- · I I ." .- I I I ---' I I ' I I I I I I I I ar----------------~.~---------------~ ~ \ \ i It i ~ iii . l~. j~ \~ \l\~ ~ ;Hl ~ \l\ i 0\ i~ !l'&'& t ~'~i \ \~~ i p.' \! it ill " ~\ it \i~\::\ i \, It \\,~aai 1 b&;\ ;,111\\' i i\ \\ tf ml\ ,,\ ~t \\tui\ ~ ~ ~ l! ! . ._i .... ...... _..,.. -~~.-.,.' ~ ~,-'-'_.- ------------ ~ I i II \ i , is ~ , ,~ ... .. I I" I minliili I , .... ,~ i' . \' II 9 ~~UU~I!~1 ~ i II ~1 , 'IlIilut ! \ I hm i i II ! hi:o &8U~ &- li:o&ll~i'lI un , '" ~ .. ~ i ~ ~ .!il . , EXHIBIT "e" ~ Ii I : I ~ I~ I 'Iiltl ~"II i I II ~ lilti , ~ \ g~ ! I ~~I! I " I ~~I! I :i \.'a ~ ~~i~ .. \ z :Ii ~ \ I ~ i; I ~ ! \ I 5~ 1 I .. I I \ I I I I I I \ I I t \ I I I \ ' I I I \ .l~ __________-------- --- ~~ ~ ~V~~~ -------------en ~ i It! "1\ it i i li' ; ~i It 'ili ~ "sti 1~" I 1..1 l'ilil i . ~I i i ll, II 1j!1~~11 \ I Ii II'~II I I .~'lill U ItlU I... .. ,t"III'" -- ~--------- 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