LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
October 11, 2004
www.boynton-beach.org
Mr Eugene Gerhca
Quantum Group of Compames
2500 Quantum Lake Dnve, SUIte 101
Boynton Beach, Flonda 33426
RE
For
FIle No
LocatIon.
Quantum Park NOPC #14
Request for Amendment of Quantum Park DRI
DRIA 04-001
West SIde of Interstate 1-95 between Miner Road and Boynton (C-16) Canal
Dear Mr Gerhca.
Enclosed IS the CIty of Boynton Beach OrdInance #04-077 for DRIA #04-001, WhICh represents
approval to create the new land use optIOn "Industnal WIth RetaIl Sales" (IndJR) to add thIS use
optIon to lots 17, 21, 50A and 52 and to re-desIgnate lots 81 and 82 to "Governmental &
InstItutIonal" ThIS request was approved by the CIty COnllTIlSSIOn on October 4, 2004
Should you have any questIOns regardmg thIS matter, please contact thIS office at
(561) 742-6260
SIncerely,
y Michael W Rumpf
() DIrector ofPlannmg & Zomng
MWR;jdc
Enc Ordmance No 04-077
S \Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #14 + MPMD\Approval Letter after CC
DRIA.doc
ORDINANCE NO 04- OIl
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: lout Development of Regional Impact ("DRI") compnsed of 553 13 acres, zoned Planned
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO 84-51, AS
SUBSEQUENTLY AMENDED, OF THE CITY OF
BOYNTON BEACH BY ADOPTING AN AMENDMENT TO
THE QUANTUM PARK DEVELOPMENT OF REGIONAL
IMPACT, KNOWN AS THE QUANTUM PARK DR!
DEVELOPMENT ORDER, BY MODIFYING THE MASTER
PLAN LAND USE DESIGNATIONS FOR LOTS 17,21, 50A,
AND 52 FROM OFFICE/INDUSTRIAL (01) TO
OFFICE/INDUSTRIAL (O!) AND INDUSTRIAL WITH
RETAIL SALES (INDIR) , AND BY MODIFYING THE
MASTER PLAN LAND USE DESIGNATIONS FOR LOTS
81 AND 82 FROM OFFICE/INDUSTRIAL/COMMERCIAL
(OIC) TO GOVERNMENTAL & INSTITUTIONAL (G&I);
PROVIDING FOR A SAVINGS CLAUSE, REPEALING
PROVISION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Quantum Park of Commerce ("Quantum Park PID") IS a partIally built-
I Industrial Development ("PID"), and located on the west side of Interstate 95, from Mmer
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; I Road extended south to the Boynton C -16 Canal, and
i i WHEREAS, MFf Development, Inc IS requestmg an amendment to the Quantum
I Park DRI Development Order, adopted by the CIty ComnllsslOn of the CIty of Boynton
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Beach December 4, 1984 under OrdInance No. 84-51, and subsequently amended 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, and
WHEREAS, the proposed Amendment, referred to as Amendment #14 proposed
amendIng the existIng use designations on several lots in the Master Plan for Quantum Park,
Including the creatIOn of a new deSIgnatIOn called Industrial WIth RetaIl Sales ("IND/R") on
the real property located In Palm Beach County, Flonda, and more partIcularly described In
the attached Exhibit "A", and
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WHEREAS, MFT Development, Inc. has submitted a NotIce of Proposed Change
("NOpe") In accordance with the reqUIrements of SectIon 38006(19), Florida Statutes, said
NOPC to be revIewed by the Flonda Department of CommunIty Affalfs ("DCA"), the
Treasure Coast RegIonal Planning Council ("TCRPC"), and the City; and,
WHEREAS, the CIty COnllnISSIOn of the CIty of Boynton Beach, Flonda (heremafter
CIty CommISSIon), the governing body of the local government havmg junsdIction, pursuant
to Section 380031 and 38006, Flonda Statutes, IS authonzed and empowered to consIder
NOPCs; and
WHEREAS, the publIc notIce reqUIrements of SectIon 166 041, Flonda Statues, and
SectIon 38006(7), Florida Statutes, have been satIsfied and notIce has been gIven to the
Department ofCommuruty MfalTs and the TCRPC, and
WHEREAS, this CIty CommISSIon has on September 21, 2004 and on October 5,
2004, held a duly notIced publIc heanng on the Apphcation and has heard and conSIdered the
testImony taken thereat; and
WHEREAS, the Treasure Coast RegIonal Planning Council has reviewed the NOPC
and pursuant to the procedures of SectIon 38006, Flonda Statutes has determmed that the
proposed changes wIll not create addItIOnal regIOnal Impacts, and
WHEREAS, thIS City CommIssIon has receIved and conSIdered the report and
recommendatIons ofthe Planning and Development Board of the CIty of Boynton Beach, and
WHEREAS, thIS City CommiSSIOn has made the followmg FINDINGS OF FACT
AND CONCLUSIONS OF LA W wIth regard to the MFT Development, Inc. applicatIon for
an amendment to the Quantum Park DR! Development Order;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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rrHE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
herem by thIS reference.
Section 2.
That the City Commission of the City of Boynton Beach, Flonda
makes the following findmgs of fact regarding the Notice of Proposed Change submItted by
MFT Development, Inc., the "Master Developer" related to the an amendment to the
Quantum Park Development of RegIonal Impact, preVIously approved by Ordmance No. 84-
51, and subsequently amended by 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, and
FINDINGS OF FACT
A. The proposed development is not In an area of critIcal state concern
deSIgnated pursuant to the prOVIsIons of SectIOn 38005, Flonda
Statutes,
B A State Comprehensive Planning Document has been recognIzed by
the legIslature as an adVISOry polIcy document for the entIre State of
Flonda, and the proposed development does not unreasonably mterfere
WIth the aclnevement of the objective of tlns adVISOry polIcy
document;
C. The proposed amendment to the Development of Regional Impact
Order (DRI) Development Order will be conSIstent WIth the
correspondmg amendment of the adopted comprehensive plan for the
City of Boynton Beach and are, or WIll be, consistent WIth the local
land development regulations, subject to condItIons outlined herem
and Part III, Land Development RegulatIons of the CIty of the Boynton
Beach Code of OrdInances, and
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D The proposed development WIll be consistent WIth the submItted and
reVIewed by the Treasure Coast Regional Planning Council pursuant to
Section 380 06(8), Flonda Statutes.
CONCLUSIONS OF LAW
It IS hereby determined by the CIty CommIssion of the City of Boynton Beach,
Florida, III a publIc meeting, duly constituted and assembled this 5th day of October, 2004,
Ithat the Notice of Proposed Change to the Quantum Park Development of RegIOnal Impact
I submItted by the Master Developer is hereby ordered Approved, subject to the provISIons of
IthIS Ordinance and the Conditions of Approval attached hereto as Exhibit "B", and
! Incorporated herem by reference.
I!
I I I That this amended DRI Development Order shall constItute the Development Order
of thIS CommIsSIon Issued In response to the Notice of Proposed Change for the
Quantum Park DR! filed by the Master Developer
2. That the definitIOns found In Chapter 380, Flonda Statutes shall apply to thIS
amended DR! Development Order
3 That the Development Order shall be amended to modIfy the Master Plan designation
of certain lots subject to the Quantum Park DR! Development Order, as follows.
The Master Plan designation of Lots 17, 21, 50A, and 52 is changed from
OfficelIndustrial (01) land use to OfficelIndustnal (On and Industnal WIth
RetaIl Sales (IND/R)
The Master Plan deSIgnatIOn of Lots 81 and 82 IS changed from a
OfficelIndustnaVCommercial (OIC) land use to Governmental & InstItutional
(G&I).
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4 That this amended DR! Development Order shall be bindmg upon the Master
Developer and Its assignees or successors in mterest. It is understood that any
reference herem to any governmental agency shall be construed to mean any future
instrumentality which may be created and deSIgnated as successor m mterest to, or
which otherwise possesses any of the powers and duties of any referenced
governmental agency m eXIstence on the effectIve date of thIS amended DR!
Development Order
5 That in any event that any portIon of section of tins amended DRI Development
Order ]s detenmned to be mvalId, Illegal or unconstitutIOnal by a court of competent
JunsdIchon, such deCISIon shall m no manner affect the remamIng portIons or
sections of this amended DRI Development Order, which shall remaIn in full force
and effect
6 That the approval granted by thIS amended DR! Development Order IS condItIonal.
Such approval shall not be construed to obVIate the duty of the Master Developer to
comply WIth all other apphcable local or state pernnttmg procedures.
7 The amendments proposed by the Master Developer do not create any addItional
impacts and therefore do not constitute a substantial deVIatIon under Chapter 380 06,
Florida Statutes.
8 Actual development phasmg wIll depend upon economIC CIrcumstances and Master
Developer's Internal business growth. Any proposed development described in the
Notice of Proposed Change are for planning purposes only and the actual
development schedule may vary therefrom.
9 The amended DR! Development Order set forth In Section 1 hereof shall become
effectIve upon adoptIon of the ordmance amending the land use designatIOns for
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certain Lots designated in the Master Plan, provided such date shall be extended until
completIon of appellate procedures, If any, relatmg to the Issuance of thIS amended
DR! Development Order
10 Copies of this Ordinance incorporating the amended DR! Development Order
amendmg the land use deSIgnatIon of the subject property to Development of
RegIOnal Impact shall be transmItted ImmedIately by certIfied mail to the DIVISIon of
Commumty Planning, the Treasure Coast RegIonal Planning Council, and the Master
Developer
11 Except as otherwise amended hereIn, the Development Order shall remain In full
force and effect.
SectIon 3.
Except as proVided herem, the Master Developer shall proceed In stnct
accordance with all ordinances of the CIty of Boynton Beach, including, but not limited to, ItS
bUIlding, electrical, plumbmg, subdivision, plannIng and zomng codes, and all rules and
regulatIOns of the State ofFlonda Department of EnvIronmental Protection.
Section 4.
That should any section or prOVIsIon of this Ordmance or any portIon
thereof be declared by a Court of competent junsdIctIon to be InvalId, such decIsIOn shall not
affect the remamder of thIS Ordmance.
Section 5.
All ordinances or parts of ordmances In conflIct herewIth are hereby
I :repealed.
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Section 6.
This ordinance shall become effective immediately upon its passage.
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FIRST READING this ~ day of Se.pTeMber ,2004
SECOND READING and FINAL PASSAGE thls ~ day of Oe'1'Ob~t'"" , 2004
CITY OF BOYNTON BEACH, FLORIDA
ATTEST
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NOTICE OF PUBLIC HEARING
d 1E2L;2004-1'
~ L
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY ,
FLORIDA, will conduct a Public Hearing at 7.00 P M or as soon thereafter as the agenda
permits on Tuesday, September 21, 2004, 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 and 02-54 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.W D D
Lateral 21, thence North 89E08'49" East along the South right of way line
L.W D D 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 D D 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'OO" East, a distance of 32069
feet to a point of curve, thence with a curve to the left having a radius of
650000, 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 OR. 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
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 920 57 feet; thence North 88E50'04"
West, a distance of 18760 feet; thence with a bearing North OE49'21"
West, a distance of 200 00 feet; thence North 88E50'04" West, a
distance of 218 00 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 153 13 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 45000 feet, a central angle of 18E20'00", 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 81785 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 D 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
CHANGES
The Master Site Development Plan Amendment No 14 has been
revised to reflect the changes 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 designation of lots 17, 21, 50A and 52
from Office! Industrial (01) to Office! Industrial and Industrial with
Retail Sales (01 & IND!R)
2) Change in the master plan designation of lots 81 and 82 from
Office! Industrial! Commercial (OIC) to Governmental &
Institutional (G & I)
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
September 6, 2004
S:\PlannlngISHAREDlWPlPROJECTSIQuantum Park 2004 Amend 11'14 + MPMDIDRIA 04~011 Legal.doc