LEGAL APPROVAL
The City of
Boynton Beach
Ciry Clerk s Office
100 E. Bo/nton Beach Boulevard
PO Box31O
Bo/nton Beach, Florida 33425-0310
(561) 742-6060
FAX. (561) 742-6090
CERTIFICA TION
I, JANET M PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that Ordinance #01-54 consisting of five (5) pages,
Exhibit "A" consisting of one (1) page, Exhibit "B" consisting of one (1) page
and Exhibit "C" consisting of three (3) pages) is a true and correct copy as it
appears in the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, this 16th day of November 2001
p~
JA ET M PRAINITO, CMC, CITY CLERK
vember 16,2001
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''An Equal Opportunity/Affrmative Action/ADA Employer"
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n " I 9 2001
DEPARTMENT or DEI!:' r-r 'NT
--
ORDINANCE NO 01- 5"~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROVIDING FOR A
DETERMINATION WHETHER CHANGES TO THE
COMPREHENSIVE DEVELOPMENT OF REGIONAL
IMPACT APPROVED IN ORDINANCE NO 84-51, AND
AMENDED IN ORDINANCES NOS 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-05 AND 00-02
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 38006, FLORIDA STATUTES, 1996, AND
WHETHER FURTHER DEVELOPMENT OF
REGIONAL IMP ACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS 84-51, 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-05, AND 00-02)
FOR PURPOSES OF INCORPORATING THE
APPROVED CHANGES, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, RIteco Development CorporatIOn, a Flonda corporatIOn ("RIteco")
filed wIth the CIty of Boynton Beach (the "CIty") an ApphcatIOn for Development
Approval of ComprehensIve Development of RegIonal Impact (the "ADA") on May 21,
1984, regardmg that certam property (the "Property") described m ExhibIt "A", attached
hereto and made a part of hereof; and
WHEREAS, the ADA was approved and the Development Order for the Property
was granted December 18, 1984 pursuant to Ordmance No 84-51 (the "Development
Order") , and
WHEREAS, RIteco subsequently conveyed ItS nght, tItle and mterest m and to the
Property to Boynton Park of Commerce, Inc., a Flonda corporatIOn ("Boynton Park"),
and, Boynton Park, In turn, subsequently conveyed ItS nght, tItle and mterest In and to the
Property to Quantum ASSOCIates, a Flonda general partnershIp (the "Developer"), and
Page 1 of 5
WHEREAS, the City approved preVIOUS apphcatIons to amend the Development
Order whIch applIcatIOns were approved by the CIty m Ordmance No 86-11, Ordmance
86-37, Ordmance No 88-3, Ordmance No 94-10, Ordmance No 94-51, OrdInance 96-
33, OrdInance No., 96-65, Ordmance No 97-20, Ordmance No 99-05 and Ordmance No
00-02,
WHEREAS, the CIty CommISSIon of the CIty of Boynton Beach, as the govemmg
body haVIng jUnSdIctIOn, IS authonzed and empowered to consIder apphcatIons for
amendments to development orders approvmg developments of regIOnal Impact pursuant
to Chapter 380 06, Flonda Statutes (1996), and
WHEREAS, the CIty CommISSIon has conSIdered the testImony, reports and other
documentary eVIdence submItted at saId publIc heanng by Quantum LImIted Partners
("Quantum"), the CIty staff and the pubhc, and the CIty Plannmg and Development
Board's recommendatIOn of the 10th day of October, 2001, and
WHEREAS, saId CIty CommISSIOn has conSIdered all of the forgomg.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT
SectIOn I A notIce of publIc heanng was duly pubhshed on the 28th day of
October, 2001, In the Palm Beach Post, a newspaper of general CIrculatIon m Boynton
Beach, Flonda, pursuant to Chapter 380 06, Flonda Statutes, and proof of saId
publIcation has been duly filed.
SectIOn 2 The Development Order shall be amended to mclude the followmg
prOVISIons
Page 2 of 5
Lots 7.8.9,10 and 11
These lots were prevIously deSIgnated as OfficelIndustnal (01) Land Use. The Land Use
DesIgnatIOn for Lots 7, 8, 9, 10 and 11 shall be amended to reflect a "MIxed Use (MU)"
Land Use DeSIgnatIOn. The MIxed Use Land Use DeSIgnatIOn mcludes office,
commercIal and resIdentIal uses.
Lots 23. 24. 25. 26. 27. 28. 29. 30 and 31.
These lots were preVIously deSIgnated as Office (0) Land Use. The Land Use
DeSIgnatIOn for Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall be amended to reflect a
"MIxed Use (MU)" Land Use DeSIgnatIOn. The proposed MIxed Use Land Use
DeSIgnatIOn mcludes office, commerCIal and resIdentIal uses.
. In cOnjunctIOn WIth the changes described above, the maxImum number of resIdentIal
unItS allowable wIthm the areas deSIgnated for "mIxed use" development shall be
mcreased from 500 resIdentIal unItS to a total of 1,000 resIdentIal unItS.
Lot 34-C
DeSIgnate tlus lot as "Reserved"
Quantum Lakes Dnve:
Reconfigure Quantum Lakes Dnve In the area north and east of the Quantum Lakes
Dnve mtersectIon WIth Quantum Boulevard to the eastern IntersectIOn of Gateway
Boulevard and Quantum Lakes Dnve. Tlus reconfiguratIon WIll create two new Mixed
Use (MU) deSIgnated parcels labeled 100 and 101 totalIng 5.21 acres.
SectIon 3 Master SIte Development Plan Amendment No 12 as submItted to the
CIty, a copy of whIch IS attached hereto and made a part hereof as ExhibIt "B" replaces
and supersedes the Master SIte Development Plan currently approved In the Development
Order
Page 3 of 5
SectIOn 4. The Development Order Includes CondItions of Approval, a copy
of WhICh IS attached and Incorporated herem as ExhibIt "C"
SectIon 5. Upon consIderatIOn of all matters described In SectIOn 380 06, Flonda
Statutes (1996), It IS hereby determmed that.
A. The amendments proposed by Quantum do not unreasonably
Interfere WIth the achIevement of the ObjectIves of the adopted state land
development plan applIcable to thIS area.
B The amendments proposed by Quantum are consIstent WIth the
local comprehensIve plan and are, or wIll be, consIstent WIth the local land
development regulatIons, subject to the condItIons outlIned above.
C The amendments proposed by Quantum are consIstent WIth the
recommendatIOns of the Treasure Coast RegIOnal Planmng CouncIl, subject to the
condItions outlIned above.
D The amendments proposed by Quantum do not create any
addItIonal regIOnal Impacts and therefore do not constItute a substantIal deVIatIon
under Chapter 380 06, Flonda Statutes (1996).
SectIon 6 The CIty CommIssIon has concluded as a matter of law that these
proceedmgs have been duly conducted pursuant to the proVISIons of Chapter 38006,
Flonda Statutes (1996), that Quantum IS entItled to the relIef prayed and applIed for, and
that the Development Order IS hereby amended Incorporatmg the amendments proposed
by Quantum as set forth In SectIOn 2 above.
SectIon 7 Except as otherwIse amended herem, the Development Order shall
rem am In full force and effect.
Page 4 of 5
SectIon 8
All ordmances or parts of ordmances m conflIct herewIth are
hereby repealed.
SectIOn 9
Should any sectIOn or prOVlSlon of thIS ordInance or portIon hereof,
any paragraph, sentence or word be declared by a court of competent junsdIctIOn to be
mvalId, such declSlon shall not affect the remamder of thIS ordInance.
SectIOn 10
Authonty IS hereby granted to COdIfy saId ordmance.
SectIOn 11.
ThIS ordmance shall become effectIve ImmedIately upon passage
FIRST READING thIS ~ day of ~o"8EA..
,2001
SECOND READING and FINAL PASSAGE thIS ~ day of
No"em bu , 2001
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Page 5 of 5
EXHIBIT ll.."
A Tract of land lying panjally in Sectior-'6. 17 20 and 21 TownShip 45
South. Range <l3 East. Palm Beaen .nly Flond.. said Tract being
more particularfy d..cribed as followa: Commencing at the Southwest
com.r 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 inters.ction
with the cent.nin. of N.W. 22nd Av.nu.. as reeorded in O.R. Book 1738,
Page 1888. of the Publle Records of Palm B..ch County Florida; th.nce
with a bearing of North 89E04'32" east, along the centenln. of N. W 22nd
Avenue. a distance of n8.37 t..t to the Point of Beginning; th.nce North
1E44'39" East. a distance of 1247.08 t..t to the South right of way line of
L.W.O.O. Lateral 21 thence North 89EOS'''9'' East alq the South right
of wly II". LW.O.C. l.ater8I 21 as recorded In O.R. Book 1732, Page
812. of the Public Recorda of Palm Beach County Florida. a distance of
83S.93 f..t to the centlftlne of the L W.O.C. Equalizing Canal E-4 as
recorded in O.R Book 1732, Page 812, of the Public Records of Palm
Belch County, FIor1da; thence along the cent.nine of the above
described E-4 Canal with a curve to the right having a chord bearing of
North 10E32'S2" East, a radius of 750.00 feet. a central angle of
"E04'1r and an arc length of S3.29 t..t; th.nce continu. along the
centetllne of the E-4 Canel, with . bearing of North 12E35'OO" East. a
distance of 320.89 teet to . point of curve; thence with a curve to the I.ft
h8Ving . radIua of 8500.00. a central angle of 3E28'30" and an arc I.ngth
of 394.23 feet: thence North SE08'30" East. a distance of 1979.18 feet to
a point on the North Une of Section 17. thence with. belring of North
89E18"39" East, aJong the Narth line of Section 17 a distance of 1964.50
feet; thence South OE02'11. Eat, . distance of 2825.18 feet; thence
North 89EOS'49" East. a distlnCe of 388.98 teet to . point on the North
right of way line of N.W. 22nd Avenue as recorded In O.R. Book 1738.
Plge 1. of the PublIc Recorda of Palm Beach County, Florid.; thence
South 19E27'31. Eat, . distance of 50.00 f..t to the centerline of N.W.
22nd Avenue; thence with . curve to the right h.ving . chord bearing of
North 75E21'49" Eat, I I'IdluI of 1837.02 f. I central angle of
9E53'S8". and an arc length of 282.85 tlet to a point; thence north
12E02'41. Eat. . dIat8nc:e of 91 S.72 feet; thence NotthOE31'11" east, a
dlstMce of 3".70 teet; thence North 89E12'3r East. a distance of
413.21 tHl; thence South 88E22'58" Eat. a distance of 13049.70 teet to
I point on the Welt right of w.y line of the Se.board Coastline Railroad;
thence South 0E28'21" Eat. aJong the West right of WIly line of the
RaiJroecl, I dIatInc:e of 1308.09 flit to a point on the centenlne of N.w
22nd Avenue; thtnce NOfth 88E2T31" Wilt, along the centerline of N.W
22nd Avenue a dIat8nce of S72.97 feet; thence South OE33'S3. East. a
dIatMce of 1308.88 fHl; thence South 88E45'31. Eat, a distance of
333.151 feet to . polrt on the West rlght of way of the Seabo.rd Coastline
Railroad; thence wlIh. beartng of S0UIt114E08'23" West. along the W.st
right of way ol the ralIroac:l. a distance of 1312.49 feet; thence South
0E33'S3" Eat. I dlatanc:e of 28.68 feet; thence South 13E 15'22" West, a
dlItMc:e of 820.57 teet; thence North 88E5a04. West, a distance of
187.80 feet; thence with a bearing NOfth oe49'21. West, I distance of
200.00 fHl; thence NOfth 88E50'04" Welt. a distance of 218.00 feet:
thence South 0E48'21" Eat. . dlatance of 200.00 feet; thence North
88ESO'04" Welt. a distance of "0.00 feet; thence South OE49'21" East, .
dIatMce of ..84 feet: thence NOrth 88ES0'04. West. a diatlnce of
3817.28 feet to I point on the CIntetIne of the aDo'ie dncribed
centertlne of the E-4 Canal; thence wiItI I 'be.nng of North 5E18'14.
West. I distil a of 153.13 feet, thence wlIh I curve to the right h.ving a
radluI of 450.00 feet, I central angle of 1SE38'..... and an arc length of
122.52 feet; thence NOfth 10E1S'30" East. I distance of 988.80 f.et to.
point of curvl: thence with . curve to the left hIVing I radius of "SO.oo
teet, I cennI angle of 18E20'00" and an arc length of 143.99 f..t;
thence with . beering of North 8E01'3O" West.. distance of 1255.1"
feet to I point on the centerline of N.W. 22nd Avenue; thence with .
bearing of South UE04'32" West, IIong the centertlne of N.W. 22nd
Avenue I diatMce of 817.85 feet more or I... to the Point of Beginning.
Contalnlng 581.55 ICrM more or leu and subject to ....m.nts and
rights of way of rKOrd.
S91.55AC
S1 7() AC
539.85 AC
GROSS LAND AREA OF QUANTUM PARK
LESS ROAfJWAY & CANAL
RIGHTS-OF-WAY OF RECORC
NET LAND AREA OF QUANTUM PARK
Together with the addition of II iInd (loti 80, 81 and 82) lying within the
pl.t of the P.C.D. Center contIlnlng 13.17 acres, as recorded in Plat
Book 80. PIgII 108 and 107 of the Public R.cords of Palm Beach
County Florid.. tor . tot.1 proposed n.t land Ire. of 553 02 acr.s
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EXHIBIT "e"
RevIsed Condltlons of Approval 11/06/0 1
ProJect name Quantum Park NOPC Amendment #12
File number MPMD 01-003/DRIA 01-001
Reference: 2nd reVIew plans IdentIfied as Master Plan WIth a September 11,2001 Planmng and ZonIng
D d kI
epartment ate stamp mar ng.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS-General
Comments. NONE X
PUBLIC WORKS-Traffic
Comments:
1 When warranted the developer and the eXIstIng occupants of Quantum Park X
will be responsible for the cost of constructIOn of traffic-actuated sIgnals at
the IntersectIOns of Quantum Boulevard WIth Gateway Boulevard and
Congress A venue See attached memo from Jeff LIvergood, Public Works
DIrector, dated August 29, 2001/ ReVIsed October 4, 2001 located In
ExhibIt "G"
UTILITIES
Comments:
2. As preVIously stated, the proposed reVISIon to the land use to "Mixed Use X
(MU)" to mclude Office, CommercIal and ReSIdentIal uses could tax the
utilIty support facilitIes to theIr lImIts. A proVISO needs to be Incorporated
Into each group of lot approvals process, that the desIgn-engmeenng
consultant shall demonstrate that suffiCIent utilIty system(s) capacity IS
available to support the proposed use, or they will prOVIde the necessary
upgrade(s) to allow for the proposed use. Failure to do so could result m
InSUfficIent utilIty support to thIS park, affectIng other current (eXIsting)
users.
FIRE
Comments: NONE X
POLICE
Comments. NONE X
ENGINEERING DNISION
X
Comments: NONE
2 11/6/2001
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments: NONE X
P ARKS AND RECREA nON
Comments.
3 The CIty CommISSIon dId exempt from the RecreatIon DedIcatIOn X
ReqUIrement of 272 umts of the first 500 umts reqUIred In NOPC # 10
ApplIcabIlIty or amount of RecreatIon Fees or DedIcatIOns will be
consIdered at subsequent sIte plan stage.
FORESTER! ENVIRONMENTALIST
Comments.
4 The proposed Master SIte Development Plan shall be modIfied to remove X
the Industnal use designatIOn for Lot 34-C The land area of Lot 34-C, 6.58
acres, shall be deducted from the Industnal deSIgnatIon and Included as a
separate lIne Item tItled "Reserved" In the area tabulatIon shown on the
master plan. Development shall not occur until. a) the CIty and applIcant
evaluates the need for open space "In the Pill master plan" and determmes
that the reductIon m open space created by thIS change IS conSIstent WIth the
CIty regulatIOns; b) It IS demonstrated that the development of thIS parcel
will not Interfere WIth management of the adJacent preserve area. These
two(2) condItIons are reIterated above and contaIned WIthin a letter dated
October 8, 2001 from the Treasure Coast RegIOnal PlannIng Council
(TRRPC)
It IS acknowledged that Lot 34-C IS not encumbered by any easement,
reservatIOn, dedIcatIon or permIt reqUIrement by the CIty, any regulatory
agency or speCIal dIStnct includmg the Quantum CommunIty Development
DIStnCt regardmg the use of Lot 34-C for draInage purposes, except the
draInage reqUIrements associated WIth the development of Lot 34-C
PLANNING AND ZONING
Comments:
5 At the tIme of sIte plan approval applIcant will work WIth the CIty to X
maxImIZe emergency access for lots 59 through 61 and new lots 100
through 102.
6 Applicant has submItted a reVIsed area calculatIon summary Please reVIse X
the Master Plan draWIng to reflect the correct acreaR;e calculatIons proposed
3 11/6/2001
DEPARTMENTS INCLUDE REJECT
for the MIxed Use and Road RIgbt-ofWay categones.
7 RecordatIOn of a restrIctIVe covenant affectIng Lots 7 through 11 and Lots X
23 through 31 requmng that any resIdentIal development of such lots be
IInuted to fee sImple umts, speCIfically excludIng rental apartment
complexes and congregate care lIvmg facilItIes. For purposes hereof,
"rental apartment complex" shall mean a multI-umt proJect owned by one
owner for purposes of rental to others, SImilar In nature to the Villas At
Quantum Lakes.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
S:\Planning,SHARED\WP\PROJECTS\QuantumPark 2001 Amen #12\MPMD 01.Q03\ccnd. of approval 2001 form.doc
EXHIBIT "C"
filE COpy
RevIsed CondItIOns of Approval 11/06/01
ProJect name. Quantum Park NOPC Amendment #12
File number MPMD 01-003/DRIA 01-001
Reference. 2nd reVIew plans IdentIfied as Master Plan WIth a September II, 200 I Planmng and Zomng
d kI
Department ate stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS-General
Comments: NONE X
PUBLIC WORKS-Traffic
Comments:
1 When warranted the developer and the eXIstmg occupants of Quantum Park X
will be responsible for the cost of constructIOn of traffic-actuated sIgnals at
the IntersectIOns of Quantum Boulevard WIth Gateway Boulevard and
Congress Avenue. See attached memo from Jeff LIvergood, PublIc Works
DIrector, dated August 29,2001/ ReVIsed October 4, 2001 located m
ExhibIt "G"
UTILITIES
Comments:
2 As preVIously stated, the proposed reVISIon to the land use to "MIxed Use X
(MU)" to mclude Office, CommercIal and ReSIdentIal uses could tax the
utIlIty support facilItIes to theIr Imllts. A proVISO needs to be mcorporated
Into each group of lot approvals process, that the desIgn-engmeenng
consultant shall demonstrate that suffiCIent utilIty system(s) capacIty IS
available to support the proposed use, or they WIll provIde the necessary
upgrade(s) to allow for the proposed use. FaIlure to do so could result In
InSUfficIent utilIty support to thIS park, affectIng other current (eXIstmg)
users.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
X
Comments: NONE
2 11/6/2001
I DEPARTMENTS I INCLUDE I REJECT I
BUILDING DIVISION
Comments. NONE X
PARKS AND RECREA nON
Comments:
3 The CIty CommISSIon dId exempt from the RecreatIOn DedIcatIOn X
ReqUIrement of 272 umts of the first 500 umts reqUIred m NOPC # 10
ApplIcabilIty or amount of RecreatIOn Fees or DedIcatIOns will be
consIdered at subsequent sIte plan stage.
FORESTER! ENVIRONMENTALIST
Comments.
4 The proposed Master SIte Development Plan shall be modIfied to remove X
the IndustrIal use deSIgnatIOn for Lot 34-C The land area of Lot 34-C, 6.58
acres, shall be deducted from the IndustrIal deSIgnatIOn and mcluded as a
separate lIne Item tItled "Reserved" m the area tabulatIOn shown on the
master plan. Development shall not occur until a) the CIty and applIcant
evaluates the need for open space "m the Pill master plan" and determmes
that the reductIon m open space created by thIS change IS conSIstent WIth the
CIty regulatIons, b) It IS demonstrated that the development of thIS parcel
\\-ill not mterfere WIth management of the adJacent preserve area. These
two(2) conditIOns are reIterated above and contamed wIthm a letter dated
October 8, 2001 from the Treasure Coast RegIOnal Planmng CouncIl
(TRRPC)
It IS acknowledged that Lot 34-C IS not encumbered by any easement,
reservatIOn, dedicatIOn or permIt reqUIrement by the CIty, any regulatory
agency or specIal dIStrIct mcludmg the Quantum Commumty Development
DIStrICt regardmg the use of Lot 34-C for dramage purposes, except the
dramage reqUIrements assocIated WIth the development of Lot 34-C
PLANNING AND ZONING
Comments.
5 At the tlme of SIte plan approval applIcant WIll work WIth the CIty to X
maXImIze emergency access for lots 59 through 61 and new lots 100
through 102
6 ApplIcant has submitted a revIsed area calculatIOn summary Please reVIse X
the Master Plan drawmg to reflect the correct acreage calculatIOns proposed
3 11/6/2001
DEPARTMENTS INCLUDE REJECT
for the MIxed Use and Road RIght-ofWay categones.
7 RecordatIOn of a restnctIve covenant affectmg Lots 7 through 11 and Lots X
23 through 31 reqUITIng that any resIdentIal development of such lots be
lImIted to fee sImple umts, specIfically excludmg rental apartment
complexes and congregate care lIvmg facilItIes. For purposes hereof,
"rental apartment complex" shall mean a multI-unIt proJect owned by one
owner for purposes of rental to others, SImilar In nature to the Villas At
Quantum Lakes.
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
S:\Planning\SHARED\ WP\PROJECTS\QuantumPark 2001 Amen #12\MPMD 0 I-D03\cood. of approval 2001 form.doc
NOTICE
The following proposed ordinance which is published by caption only was read by the City
Commission at a Regular City Commission meeting on Tuesday, October 16, 2001 at 630 P
M The ordinance shall be presented for proposed enactment by the City Commission at the
Regular City Commission meeting at City Hall, in the Commission Chambers, 100 East Boynton
Beach Blvd, Boynton Beach, Florida, on Tuesday, November 6,2001 at 630 P M
ORDINANCE NO 01-S~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROVIDING FOR A
DETERMINATION WHETHER CHANGES TO THE
COMPREHENSIVE DEVELOPMENT OF REGIONAL
IMPACT APPROVED IN ORDINANCE NO 84-51, AND
AMENDED IN ORDINANCES NOS 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-05 AND 00-02
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 38006, FLORIDA STATUTES, 1996, AND
WHETHER FURTIWR DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-05, AND 00-02)
FOR PURPOSES OF INCORPORATING THE
APPROVED CHANGES, AND PROVIDING AN
EFFECTIVE DATE.
Interested parties may appear at said meeting and be heard with respect to this proposed
ordinance Subject ordinance may be inspected by the public at the Office of the City Clerk at
said City Hall Pursuant to F S 286 0105, please be advised that if a person decides to appeal
any decision made by the City Commission with respect to any matter considered at this
meeting, he will need a record of this proceeding, and for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based
CITY OF BOYNTON BEACH
JANET M PRAINITO, CMC
CITY CLERK
PUBLISH OCTOBER 19, 2001
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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 P M or as soon thereafter as the agenda
permits on Tuesday-, November 6, 2001, 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 and 00-02 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
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LEGAL DESCRIPTION
j
,I
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 124706 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 63593 feet to the centerline of the L.W D D Equalizing Canal
E-4, as recorded in 0 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 5329 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 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 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
Page 2
Quantum Park - Notice of Public Hearing
I
North 75E29'49" East, a radius of 1637 02 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 915 72 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 88E27'31" 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 20000 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 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 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 98860 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 81785 feet more or less to the Point of Beginning
J
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Containing 591 55 acres more or less and subject to easements and
rights of way of record
539 85 AC
GROSS LAND AREA OF QUANTUM PARK
LESS ROADWAY & CANAL
RIGHTS-OF-WAY OF RECORD
NET LAND AREA OF QUANTUM PARK
591 55 AC
51 70 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 12 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 council for
amendment and approval
1) Change in the master plan designation of lots 7, 8, 9, 10, and 11
from Office/ Industrial (01) Land Use to Mixed Use (MU) The
proposed Mixed Use Designation includes office, commercial and
residential uses
2) Change in the master plan designation of lots 23, 24, 25, 26, 27,
28, 29, 30, and 31 from Office (0) Land Use to Mixed Use (MU)
The proposed Mixed Use Land Use Designation includes office,
commercial and residential uses
3) Increase the number of dwelling units permitted from 500 to 1000
4) Designate lot 34-C as Industrial (IND) land use on the Master Plan
5) Reconfigure the current roadway and lot layout in the area of the
PID north and east of the Quantum Lakes Drive intersection with
Quantum Boulevard, along Quantum Lakes Drive to the eastern
intersection with Gateway Boulevard This would result in the
addition of two new Mixed Use lots 100 and 101 and combining
lots 62 and 63 to create one lot 102.
l
APPLICANT MFT Development, Inc., A Florida Corporation as General Partner to
Quantum Limited partners, L.C
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
October 28, 2001
fiLE COpy
DEVELOPMENT DEPARTMENT
MEMORANDUMNO PZOl-215
TO'
Sue Kruse
City Clerk :tJA
Michael W Rump
Plannmg and Zo m ector
FROM
DATE
October 9,2001
SUBJECT
QUANTUM PARK DRI at Boynton Beach
DRIA-01-001
Accompanymg thIS memorandum you Will find a copy of a request for a legal advertisement
prepared for the November 6, 2001 Boynton Beach City CommISSIOn meetmg for the above-
referenced DRI amendment applIcatIOn. The apphcatIOn 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
MWR.1g
S:\Planning\SHARED\WP\PROJECTS\Quantum Park 200] Amen #12\DRIA 0]-00] MEMO-LEGAL 0] 001.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 Planninq and Zoninq Division
PREPARED BY Michael W. Rumpf
DATE PREPARED October 9.2001
BRIEF DESCRIPTION OF NOTICE OR AD Quantum Park notice of proposed chanqe to the
DRI development order to chanqe the master plan land use desiqnation of lots 7. 8. 9. 10. 11.
23.24.25.26. 27. 28. 29. 30. and 31.desiqnate lot 34-C as Industrial and reconfiqure Quantum
Lakes Drive resultinq in the addition of two lots 100 and 101 and combininq lots 62 and 63 into
one lot 102.
SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Pursuant to Chapter 380.06 (19) (f) of Florida Statues. there appear to be no special
requirements.
SEND COPIES OF AD TO Planninq & Zoninq Division. Euqene Gerlica for MFT
Development Inc.. Aqent: David B. Norris Esq.. Newspaper. City Attornev
NEWSPAPER(S) TO PUBLISH The Post (newspaper of qeneral circulation). since this is a
proiect of reqional impact.
DA TE(S) TO BE PUBLISHED October 28. 2001
APPROVED BY
U~!4 );/dav
ivision Head)
Mlk.f. (!/).JA(F
/0/01 )6/
(Date) I
(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 700 PM. or as soon thereafter as the agenda
permits on Tuesday, November 6, 2001, 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 and 00-02 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
;
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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 1 E44'39" 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 124706 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 63593 feet to the centerline of the L.W D D Equalizing Canal
E-4, as recorded in 0 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 5329 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 89E 16'39" 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
Page 2
Quantum Park - Notice of Public Hearing
.J
r
North 75E29'49" East, a radius of 1637 02 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 915 72 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 88E27'31" West, along the centerline of N W
22nd Avenue a distance of 672.97 feet; thence South OE33'53" East, a
distance of 1306 69 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 187 60 feet; thence with a bearing North OE49'21"
West, a distance of 20000 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 45000 feet, a central angle of 15E36'44", and an arc length of
122.62 feet; thence North 1 OE 18'30" 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 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 12 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 council for
amendment and approval
1) Change in the master plan designation of lots 7, 8, 9, 10, and 11
from Office! Industrial (01) Land Use to Mixed Use (MU) The
proposed Mixed Use Designation includes office, commercial and
residential uses
2) Change in the master plan designation of lots 23, 24, 25, 26, 27,
28, 29 30, and 31 from Office (0) Land Use to Mixed Use (MU)
The proposed Mixed Use Land Use Designation includes office,
commercial and residential uses
3) Increase the number of dwelling units permitted from 500 to 1000
4) Designate lot 34-C as Industrial (IND) land use on the Master Plan
5) Reconfigure the current roadway and lot layout in the area of the
PID north and east of the Quantum Lakes Orive intersection with
Quantum Boulevard, along Quantum Lakes Drive to the eastern
intersection with Gateway Boulevard This would result in the
addition of two new Mixed Use lots 100 and 101 and combining
lots 62 and 63 to create one lot 102.
l
APPLICANT MFT Development, Inc., A Florida Corporation as General Partner to
Quantum Limited partners, L.C
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
October 28, 2001
Meeting Minutes
Regular City Commission
Soynton Beachr Florida
November 6. 2001
B. Redevelopment Code Issues for Non-conforming Lots and Buildings in
Commerdal Areas (November 20, 2001)
C. Proposed License Agreement - 905 Railroad Avenue (November 20,2001)
o Review of Proposed Amendment to Development Agreement - Marina Project
(December 4, 2001)
E. -rrafficCalmingand Traffic Control Rnal Report (December 4,2001)
F FRA Whistle Ban - Report (December 4,2001)
G Discussion Regarding Establishment of Arts Commission (December 4, 2001)
H Discussion Regarding Nonconforming (unpermitted) Canopies (December 4,
2001)
1. Public Hearing - 2002j03 Fire Assessment - Proposal to Include in Uniform
Collection System (via County tax bills) in lieu of local Collection for 2002-03
(December 4, 2001)
J. Discussion of Possible Conidor Study for Congress Avenue (December 4, 2001)
X. DEVELOPMENT PLANS:
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBUC HEARING
1 Proposed Ordinance No. 01-54 Re Amending the
Quantum Park DRIjMaster Plan to change the permitted use on lots 7-11
from "Office Industrial" (01) to "Mixed Use" (MU) and lots 23-31 from
"Office" (0) to "Mixed Use" eMU), to increase maximum residential units
from 500 units to 1,000 units; to partially close Quantum Lakes Drive and
create two (2) new tracts of "Mixed Use" eMU), and to change the
permitted use on tract 34-C from "Detention" to "Reserve"
City Attorney Cherof read proposed Ordinance No. 01-54 by title only He explained that the
ordinance has been revised due to grammatical changes and an additional Condition of
Approval has been added (condition #7), which n~essitates the recording of a restrictive
covenant for lots 7 through 11 and lots 23 through 31, limiting residential development to fee
simple units.
13
Meeting Mi.nutes
RegularCityCominission
Bovnton BeaCh. Florida
November 6. 2001
Lusia Gal.avJ Principal Planner for the Planning & Zoning DivisionIexplained that the first request
is to amend the dev~lopment order for lots 7 through 11 and lots 23 through 31 from Office
and Office Indl,Jstrial to Mixed use. In conjunction with. that, the developer is asking for an
additional. 500dwellil19 unitS. The second request is to change the designation of lat34-C to
Reserve until. the PJi)nningstaff and the applicant -can determine what the best use is fur that
lot. The fini;llrequ,est is toreconfigure Quantum lakes Drive, abandoning aportian of it and
creating two new tracts for Mixed Use.
She e)(tllaitled that the Commission shquld c;1etermIne whether it is or is not a substantial
devIation .and thel1;approve the changes with conditions or deny the request.
Mike Fitzpatrick; :l:01.SW ~. AveJlue, was. concerned regarding the mixed use zoning He
s~id th~t Quantum Park c"urrently l1aS\alQt of mixed use~and now they ate asking for more. He
said that an they are' bUU,ding. are (~idential uriitsand nQ mixed uses. He thinks that they
sho.uldbe,building structures that are mixed use before requesting that more lots be changed
tomixed use. .
~lIaRossi, .625 WhisperingPiries Road;. was concerned regarding the City changing the
desig.nation 'of lot 34-C to Reserve. In 1986, lot 34-C was suppos~d to be Preserve She said
that wbepdtizens .found out that the 40 :acres had not been saved under the DR! process, the
applicant: at that time was for;ced to save an additioMa~ 14 acre site to the south Mrs. Rossi
said she has heard that lot 34-C did not have a designation She said that it really did have
one, it was the original 40 acres which ~asnot preserved. Eventually, it was .designated as
Detention and then Open Space. Them the develQper requested. an Industrial designation.
Finally, it is being. proposed as Reserve. ShE! said, that the dictionary defines Reserve as "to set
aside fora. special purpose or to hold over for a later time n She a~-how the Oty categorizes
Reserve. There are no a5$urances thatt;he developer will not pursue Industrial at a later date.
She~ted that the City needs to. take a stand for the environment and leave it as Open Space
and not Industrial or Reserve.
EnricoRossl~ 625 Whispering Pine$ Road,said that on December 121 2000, the City
Commission voted that 272 units in Grotto Bay would not need to pay the recreation fee. Now
there is another project coming, in befqre the first one is even nnished He said that they
should have to pay recreation fees. He :does not fe~1 that mixed w;e should be applied to an
Industrial park. Mixed use was intend~for the downtown area. He requested that the
Commission reject the plan
Mary Law, 625 S. Federal Highway, said that the Planning & Zoning Division and the
Commission should gjve some answers to Mr and Mrs. Rossi She thinks that the audience
should receive answers.
Allen Stiman, 8762 Estate Drive, West Palm Beach, said that he is the Chairman of the
Environmental Committee for Quantum Group. He stated that Quantum Park is in
environmentally good c:;ondition. The preserves have been fenced. Experts have come in to
assist in environmental responsibilities. The lakes are maintained on a natural basis. They
have spent money to relocate gopher tortoises. He said that Quantum Group has been
responsible with environmental iss!Jes.
14
M~ting Minutes
Regular City COmmission
,Bovnton Beach.. FlorIda
November 6.. 2001
David Noms, attorney for the applicant, stated that all Conditions of Approval ate
att~ptabJe. Any residential units Would be fee s1rriple~ He said that these residential units are a
r~ction to. the market. It will be a positive project. He sald that .lot:34-C is consistent with
what Mrs. Rossi sald when she read .the definition of Reserve -' to hold over for a later time for a
sp~dal purpose. As far as the discussion on the recreation fee being waived, thpt will be
decided at time of the site plan.
.ElIgsn'f3 Ger~icaj .Q~antu~ park; sajd that lot 34-C was originally identified for industrial
deve1oplTll;!l1t. 't~wC!s revised in;l9'~6in a l"aterMaster Plan Ame'ndlTieht and shown as Sand
Pitiel?t;eseive. .It. w~s !a~r., "ic!ent:{fi~ as a DetentitEmArea because the habitat had been
di~rbe~ ;byoff,roao'vehidesand .itwas no lon~ suitab~e to :be.a .pr~ haP.tat. Thatl in
~rin,.;I~ to.the,preservptiorl.of 14.3 acres tathe south which was platted and preserved asa
habitat.
Mr~ '(;e"r1iCa sta~ed that in the final certification of all the water management improvements, the
ce1ft:ificationexdudecl the area of lot34-C from any drainage encumbrance 'because it was not
n~ed since:tlIe lakeS were expandep in other areas of the park. He said that becaUse of the
ao/s ~i1ceml Quantum Park agreed to reserve lot 34-C until the open. s,pace issues are
re$olVe~~with toe City and the. Treasure Coast Regional.Planning CouncU and a proper use can
bedpetJtified He Said: thatQuantuf.J1ParkProvid~s a significant amount of recreational facilities
(e.g., 'J>i1~.e paths, lak.e'banklandscaping and Grotto. BaY recreation areas)
Cpf1lmis~ioner McCray read a portion of t~~ lett~r from the Treasure Coast Regional Planning
~oLlnci[' dated ,October 81 2001 and the CIty's response and concluded that the City is in
compiiance with the Reserve designation. .
Mayor Broening said he previously lived iM an industrial park that had mixed uses. There were
sinigleJamily units .and mixed uses and it wot~ed very well.
Motion
Corn missioner Ferguson moved to approve proposed Ordinance No. 01-54 as amended Motion
was seconded by Commissioner Fisher
Vice; Mayor Weiland thought this was a substantial deviation from the original plan. He said
that oYer a year ago the Commission agreed to 500 residential units in Quantum Park. Six
months later, the developer requested another 500 units and the Commission rejected it. There
has :been no public discussion regarding why the City Commission changed their minds. The
Corn mission agreed to approve a mixed-use plan for 500 units, officesl shops and restaurants
an~theonly thing that is there now are rental units. He said that a future City Commission
could .approve more units at a later time if the first phase of the mixed use has been successful
Hei did not think that there was a need to approve this tonight.
Oty.Clerk Prainito called the roll. The motion passed 4 to 1 with Vice Mayor Weiland dissenting.
The Commission declared a recess at 8.55 p.m. and resumed the meeting at 9'00 p.m.
15
Meeting Minutes
Regular City Commission
Bovnton Beach~ Florida.
October 16. 2001
Motion
Commissioner Ferguson moved to table this item until November 6th in order to obtain a report
from staff Motion was seconded by Commissioner Rsher and carried unanimously
XII. LEGAL:
A Ordinances - 2nd Reading - PUBLIC HEARING
None
B. Ordinances - 1st Reading
1 Proposed Ordinance No. 01-50 Re Amending Part III,
Land Development Regulations, Chapter 1 and Chapter 21, regarding
"Banners" (TABLED TO NOVEMBER 20, 2001 AT THE REqUEST OF
THE LEG'AL DEPARTNENlJ
2. Proposed Ordinance No. 01-54 Re Amending the
Quantum Park DRI/Master Plan to change the permitted use on lots 7-11
from "Office Industrial" (01) to "Mixed UseR (MU) and lots 23-31 from
"Office" (0) to "'Mixed Use" (MU), to increase maximum residential units
from 500 units to 1,000 units; to partially close Quantum Lakes Drive and
create two (2) new tracts of "Mixed Use" (MU), and to change the
permitted :use on tract 34-C from "Detention" to "Reserve"
City Attorney Cherof read proposed Ordinance No. 01-54 by title only He said that
incorporated within the body of this ordinance is Exhibit C with revised conditions of approval
David Norris, attorney for the applicant, said they are in agreement with all of the
conditions.
Lusia Galav, Principal Planner for the City, explained that the original staff report did not
support the mixed use change for lots 7-11 and 23-31 and the change for lot 34-C to Industrial.
In the addendum report, staff changed their recommendation for lot 34-C based on a
compromise with the applicant. This lot will be changed from Undesignated to Reserved. The
Planning & Development Board recommended approval of the application as submitted She
said that staff does agree with the conditions of approval
Motion
Commissioner Fisher movecl to approve proposed Ordinance No. 01-54 Motion was seconded
by Commissioner McCray Oty OerkPrainito polled the Commission The motion carried 4 to
1, with Vice Mayor Weiland dissenting
C. Resolutions:
None
17
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MEETING MINUTE,S OF THE SPECIAL MEETING OF THE
PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON
WEDNESDAY, OCTOBER 10, 2001 AT 7'00 P.M.
Present
Lee Wische, Chairman
Steve Myatt, Vice Chair
Robert Ensler
Mike 'Fitzpatrick
Woodrow Hay
Edward Currier, Alternate
Mike Friedland, Alternate
David Tolces, Assistant City Attorney
Mike Rumpf, Planning and Zoning Difector
Lusia Galav, Principal Planner i
Nancy Byrne, Assistant Developm~nt
Director !
John Wildner, Parks Director !
Eric Johnson, Planner :
Lorinda Logan, Engineering !
Absent
William Cwynar
Maurice Rosenstock
Pledge of Allegiance
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and led the Ple~ge of
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Chairman Wische called the meeting to order at 7 00 p m
Allegiance to the Flag
1. Introduction of the Board
Chairman Wische introduced the Board members, Assistant City Attorney ~olces
and the Recording Secretary Ms Galav introduced staff i
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2 Agenda Approval
Motion
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Mr Hay moved for approval Motion seconded by Mr Hay and unani~.,.'oUSIY
carried '
3 Approval of Minutes - September 24, 2001
Motion
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Mr Hay moved for approval Motion seconded by Mr Ensler and unanirrlously
carried
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4. Communications and Announcements
None
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Quantum Park DRI NOPe/Masterl Plan
Amendment #12 :
Eugene Gerlica,. P E.
MFT Development, Inc.
Quantum Park, P I D
Requ~t to amend the
ORI/Master Plan to change I the
permitted use 01'1 lots 7-11 from "q:>ffice
Industrial" (01) to "Mixed Use" (MU&and
lots 23-31 from "O.ffice" (0) to "~ixed
UseD (MU); to Increase maximum
residential units from 500 unUs to 1 ;000
un!ts; t~ partially close Quantum Yakes
Dn~e and. .create two (2) new tractts of
"MIxed Use!'''(MU):; and to changer the
permitted use on tract34-C \from
'neteritioh"tb ."lndustriaI" ([ND). i
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Chairman Wische reported that a conference was. held petween the Cityl and
Quantum Park and there were changes madet~ the qOJ)dltiQ[1s of Approval. Ms
Galav pointed out that Amendment #10 allowed. QUantum to b~itd 500 dw: !ling
units in the MU designated tracts auantum.:Park :is requesting to buitdl500
ad.ditional units for a total of 1000 units. . M~: Galav .distributed a I.etter ~ated
October 8, 2001 from the Treasure Coast Regional Planning Councif containing
their findings of the project. ... i
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Special Meeting Minutes
Planning and Development Board
BQyntonBeach,FL
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5.
New Business
A. Master Plan Modification
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Project Name
Agent:
Owner-
Location
Description
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October 10, 2001
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Quantum I Park
Agreed upon changes to the Conditions of Appro vat are
~ Condition #3 will be revised to read as follows
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"The City Commission did exempt from the Recreation Dedic~tion
Requirement of 272 units of the first 500 units approved in NOpe ~1 0
Applicability for amount of recreation fees or dedication will be consid~red
at subsequent site plan stage" i
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~ Comment. #5 will be removed in its entirety I
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~ Co~ment ~8 will be removed in it~ enti~ety As of today, the applicantlhas
reVised theIr traffic study and submitted It to the County A letter of apprpval
has been received from the County and the school trips are now includeld in
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Special Meeting Minutes
Planning and -Development Board
Boynton Be~ch, FL
October 10, 2001
1
the vested trip counts. The letter from the County and the traffic study Will be
included as part of the record when the item goes to first reading.
);> Comment 34<; is a new comment and was distributed Staff and the ap~l1cant
have agreed to the comment. Comment #34C will replace Comment #4! Ms.
Galav noted that one change has been made to the new comment. Ir the
fifth Jine of the fir~t paragraph item a) has been changed to state "the City and
~pDlicant evaluate "Originally staff did not recommend approval of chapging
the -lot to Industrial. COffiFT}ent #3.. . - 4C take~ the 6.5 acre I~t ?ut of theiopen
space category, removes It from industnal and places It In a"resejrved"
category until the best use for that [at can be; jointly de.tetmined. I
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A gentleman in the audience requested that MS.. Galav read the entire Coniment
#34C for the benefit of the audience, which she react for the record I
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Mr Fitzpatrick inquired when the lot was designated Industrial. Ms. Galav ~ated
the lot was never designated Industrial Tne 19t has always been undesjgn~ted,
but was included in the open space total In several amendments the 101 had
been designated for detention \
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Mr Fitzpatrick asked for clarification on the revision for Comment #3 Ms. (]alav
noted that any further recreation and impact fees would be addressed at thel time
of site plan approval. Mr. Fitzpatrick asked for the definition '7f "re,servedl and
Ms. Galav responded that It has none. In effect a new category IS beIng cre~ted
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C~airman Wische opene:d. up the public hearing and requested that ~s~iFtant
City Attorney T olces administer the oath to all persons who would be testlfyl~g
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Ms. Stella Rossi, 625 Whispering Pines Road, Boynton Beach pointed out
that the 1988 ecological plan specified that 12 acres of micrositing was pJrt of
the original DO Out of 553 13 acres the DRI recommended 40 acre$ for
preserve in one piece This did not happen. There are now two small pres-~rves
instead Ms. Rossi stated that the former developer asked for relief from ~r 12
acres of micro siting and the City yielded. The original DRI has not ~een
followed Ms. Rossi objected to any building being pJaced on the property n~ to
the preserve and pointed out that Lot 34C abuts the preserve. She wanfs to
ensure that the preserves are protected i
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Mr Enrico Rossi, 625 Whispering Pines Road, Boynton Beach has lived in
the City for 39 years and was involved In the original design of Quantum ~ark.
Mr Rossi said the zoning taking place today is ludicrous Mr Rossi felt thelCity
was leavi.ng the door open for [egal action by not. remaining ~i~h .the origi~al ~Ian.
Mr ROSSI requested that the Board deny the project and said It 15 not sUltabl~for
mixed use I
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Special Meeting Minutes
Planning and Development Board
B()yntor:- ,Beach, FL
October 10,20Q1
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Mr Gary Lehnertz, 619 SW 2nd Avenue, Boynton Beach stated that over the
last 20 years significant changes have occi,Jrred at Quantum Park t~ the
detriment of the City and the environment. He pointed out that every si~ was
supposed to have a5mall nature preserve in order to maintain little pie$s of
natural area 'throughout th~ Park. This has not been done. ThelastdevelOp'ment
cleared their property right up to the edge of the fence of the nature praservt
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Mr Jeff Omans, 1085 FairfaX circle West, Boynton Beach ,said that h, has
been in Boynton 8eachover 15 years and has seen pieces of land disappe9ring~
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Chairman Wische closed the public hearing I
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Mr David Norris, Attorney for the applicant, assumed the podium. Chatman
"Yische pointed outthat there are five remaining comments and asked Mr tJ,Jorris
if he agreed with the change to Comment #3. Mr Norris stated that they agreed
with all staff comments. He pointed out that Lot34C was not designated as ppen
space or detention and the applicant requested to have the lot approp1ately
designated Staff had concerns that there would be a loss of indllstrial
designation The applicant agreed to put the industrial designation on the 10., but
has now agreed to designate the lot as reserve I
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Mr Norris stated that there was a meeting among the various entities, Tre~sure
Coast Planning Council and the environmental agencies on September 18~ and
tt)ey approved the clearing project that had taken place. They also commepded
Quantum on the good job it was doing with the environment since the! new
oWners took over in 1998. Mr Norris brought up all the tax dollars that have
come into the City as a result of the growth in Quantum Park. '
Vice Chair Myatt pointed out that the planned use for the park is now tieing
changed to incJude residential He questioned how the Parks and Recre~tion
Department would be able to absorb all this new development withou~ the
developer contributing any impact fees. Mr Norris said they would be pre~red
to discuss this further during the site plan process. I
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Mr Fitzpatrick stated he was also present at the September 18th meeting I and
confirmed that the environmental agencies stated Quantum was doing a goo<lf job
in certain areas. However, they were not happy about the edge effect and the
development of certain lots right up to the fence line of the south Sand pine
preserves Also, the clearing of over a dozen lots a long time ago was il~gal
because the lots were cleared far in advance of development. !
Mr. Eugene Gerlica, 2500 Quantum Lakes Drive:, Boynton Beach too~ the
podium and stated he has been dealing with Quantum Park since 1988 f Mr
Gerlica noted that most pf the complaints about the Park occurred between 1984
and 1987 He stated that before the new owners took over in 1998, they
required that all the environmental regulations had been met. Mr Gerlica poipted
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Special Meeting Minutes
Planning and Development Board
Boynton Beach, FL
October 10,2001
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out that the 40 acres af Sand Pine preserve has been preserved The narthern
area has 25 7 acres and the southern area has 14 3 acres This was plattep and
appraved by the City
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Mr Ensler inquired if the applicant planned to. put in streets where Qu~ntum
Lakes Drlve has been closed since there IS such a ,great distance between ~ot 59
all the Way up to. Lat 102. Mr Gerli~ respanded thatthey plan to. place str$ts in
this area There will be one entrance into. the VU"age of Quantum Lakes that will
pravide all residents access to the future, traffic light at Quantum and Gatew~y
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Mr Fitzpatrick inquired how the Board wo.uld be voting and whether it woulq vote
on the itemsindividu~tly or all ~e. items woul~ be ,in ane motia~ Ms. ~alav
respanded that staff dIvided their recommendations Into. three basIc area~ and
the applic~nl is making three requests". The fir~t request relates ~a the f3.27
acres af mixed use (lots 7-11 and 23-31). Staff IS nat recommending ap~raval
and if'it isappraved, there is a candition. !
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The secand requ~st invalves lat 34C Staff is agreeing with the applic~nt to.
madify its recommendation to. approve the 6 5 acres gainginto a re~erve
category !
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The third recommend;3tion relates t~ ~he Quantum Lakes Drive reconfiguJj' tian
and staff recommends approval af thIS Item .
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Mr Fitzpatrick nated that the additian of anather 500 units would require more
City services, such as water, police, fire. and library He stated that the ~xes
generated fram the apartments would not cover the costs of these addi~onal
expenses. !
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Mr Friedland maved to approve the request to. amend the Quantum park
DRIIMaster Plan to change the permitted use on lots 7~11 from "Office Indu~triallJ
(01) to "Mixed Use" (MU) and lots 23-31 from "Office" (0) to "Mixed Use" ~MU)
and to. include the additianal500 units Matian secanded by Mr Currier Mptian
carried 5-2 (Vice Chair Myott and Mr Fitzpatrick dissenting) I
Motion
Motion
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Mr Currier maved to. approve the change in the permitted use af tract 34-C as
presented in the amended comments from detentian to reserve Mil tion
secanded by Mr Hay and carried 7-0 !
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Special Meeting Minutes
Planning and Development Board
Boynton Bei;lch, FL
October 10, 2001
1"".'"
Motion
Mr Ensler rnovedthat the reconfiguration be approved, subject to the revis,ion of
the conditions of ,staff Motion seconded by Vice Chair Myatt and carried 7-P
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Attorney NOrris requested that the Board vote to approve that thIs is inot a
substantial deviation from the original d~vel6pment order Assistant City A~orney
Tolces stated that this is ultimate:ly the deCision of the City Commission, b~t that
this Board could make a recommendation. i
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Motion
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Mr Currier moved that this is not a substantial deviation from the original
development order Motion seconded by Mr Friedland and carried 6-1 (Mf
Fitzpatrick dissenting) I
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Gateway Crossing (Quantum pa~)
Neir Gaeta i
Boynton Industrial Realty Corporation
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Lots 81 and 82, Quantum Corporate ~ark
Request for site plan approval to! build
an 87,375 square foot strip retail center
on 9 3 acres I
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Vice Chair Myott recused himself from this item. The firm where he w~rks is
involved in this project. He completed Form 8Band furnished it to the ReCfrding
Secretary for inclusion in the file
New Site Plan
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Project Name.
Agent:
Owner"
Location
Description
Chairman Wische noted that Mr Hays left the meeting I
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Mr. Neil Gaeta, Gaeta Development, representing the contractor, assum~ the
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Chairman Wische pointed out that there were 47 staff comments and ask,d the
applicant to address those comments that they did not agree with or on tNhich
they would like clarification. Mr Johnson pointed out that there is an addhional
staff comment, which would make 48 comments. Chairman Wische reqJested
that Mr Johnson recite the new comment. !
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Comment #48 "The project must be approved by the Quantumf Park
Architectural Review Committee JJ :
Mr Gaeta wished to address Comment #24, which deals with unity of title pf the
lots at the time of permit review Mr Gaeta requested that the unity of ti~le be
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