O99-05ORDINANCE NO~99-~,~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR A DETERMINATION THAT
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 AND 97-20
DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION
UNDER CHAPTER 380.06, FLORIDA STATUTES, 1996,
DETERMINING THAT NO FURTHER 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 AND 97-20) FOR PURPOSES OF
INCORPORATING THE APPROVED CHANGES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco")
filed with the City of Boynton Beach (the "City") an Application for Development Approval
of Comprehensive Development of Regional Impact (the "ADA") on May 21, 1984,
regarding that certain property (the "Property") described in 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 Ordinance No. 84-51 (the "Development
Order"); and
WHEREAS, Riteco subsequently conveyed its right, title and interest in and to
the Property to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"),
and, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to
the Property to Quantum Associates, a Florida general partnership (the "Developer");
and
WHEREAS, Developer filed with the City respective applications to amend the
Development Order, which applications were approved by the City in Ordinance No. 86-
Page 1 of 6
11, Ordinance No. 86-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-
51, Ordinance No. 96-33, Ordinance No. 96-65 and Ordinance No. 97-20; and
WHEREAS, the term "Development Order" includes all amendments thereto; and
WHEREAS, Developer is the current owner and developer of the remaining
vacant land within the Property (commonly known as the Quantum Corporate Park at
Boynton Beach Development of Regional Impact, or the Quantum Park DRI); and
WHEREAS, Developer has submitted to the City a Notification of Proposed
Change to a Previously Approved Development of Regional Impact ("NOPC") requesting
a further amendment to the Development Order for the purpose of revising the Master
Site Development Plan as follows: Lot 2: The use designation has been changed from
"office/industrial" to "office/industrial/hotel" to accommodate the development of
additional rooms adjacent the existing Hampton Inn. The additional rooms are planned
to be within the current allowable thresholds and development order conditions; Lots 66,
67-A and 67-C: The use designation is changed from "office/industrial/hotel" to
"office/industrial/commercial". This use designation change is proposed to
accommodate a complementary commercial development adjacent the proposed multi-
screen stadium seating movie theater complex upon Lots 83 through 88, inclusive; Lots
76, 81 and 82: The use designation has been changed from
"office/industrial/commercial" to "office/indUstrial". This change reduces the acreage
designated for commercial uses. These properties were purchased with deed
restrictions prohibiting commercial developments. The "office/industrial" developments
upon these lots will be in accordance with the current thresholds for gross floor areas for
these uses. Lots 83, 84, 85, 86, 87 and 88: The use designation "Attrraction and
Recreation" (AR) has been added to the current designation of "office/industrial" for
these lots. These lots total 22.50 acres. The use designation is added to allow for a
Page 2 of 6
having jurisdiction, is authorized and empowered to consider
amendments to development orders approving developments of
pursuant to Chapter 380.06, Florida Statutes (1996); and
multi-screen, stadium seating movie theater complex. The proposed change is
requested without an increase in the total vested trip generation of 63,752 trips. The
commutative changes in the use designations have reduced the land area available for
commercial development from 33.24 acres to 31.24 acres, the "office/industrial/hotel"
use designation has been reduced from 8.01 acres to 3.78 acres and the
"office/industrial" use designation has been reduced from 150.73 acres to 134.28. No
change to the DRI is proposed other than as set forth herein. Because of the multiple
land use designations on many of the lots within the DRI project, the applicants submits
that completion of the Substantial Deviation Determination Chart would not be
productive.
WHEREAS, the City Commission of Boynton Beach, as the governing body
applications for
regional impact
WHEREAS, said City Commission has considered the testimony, reports and
other documentary evidence submitted at said public hearing by Developer, the City
staff and the public, and the City Planning and Development Board's recommendations
of the 23rd of February, 1999; and
WHEREAS, said City Commission has considered all of the forgoing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. A notice of public hearing was duly published on the 18th day of
January, 1999, in the Palm Beach Post, a newspaper of general circulation in Boynton
Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said
publication has been duly filed.
Page 3 of 6
Section 2. The Development Order shall be amended to include the following
provisions:
Lot 2: The use designation has been changed from "office/industrial" to
"office/industrial/hotel" to accommodate the development of additional rooms adjacent
the existing Hampton Inn. The additional rooms are planned to be within the current
allowable thresholds and development order conditions; Lots 66, 67-A and 67-C: The
use designation is changed from "office/industrial/hotel" to "office/industrial/commercial".
This use designation change is proposed to accommodate a complementary
commercial development adjacent the proposed multi-screen stadium seating movie
theater complex upon Lots 83 through 88, inclusive; Lots 76, 81 and 82: The use
designation has been changed from "office/industrial/commercial" to "office/industrial".
This change reduces the acreage designated for commercial uses. These properties
were purchased with deed restrictions prohibiting commercial developments. The
"office/industrial" developments upon these lots will be in accordance with the current
thresholds for gross floor areas for these uses. Lots 83, 84, 85, 86, 87 and 88: The use
designation "Attraction and Recreation" (AR) has been added to the current designation
of "office/industrial" for these lots. These lots total 22.50 acres. The use designation is
added to allow for a proposed multi-screen, stadium seating movie theater complex.
Twenty (20) screens are proposed. The proposed change is requested without an
increase in the total vested trip generation of 63,752 trips. The comulative changes in
the use designations have reduced the land area available for commercial development
from 33.24 acres to 31.24 acres, the "office/industrial/hotel" use designation has been
reduced from 8.01 acres to 3.78 acres and the "office/industrial" use designation has
been reduced from 150.73 acres to 134.28. No change to the DRI is proposed other
than as set forth herein. Because of the multiple land use designations on many of the
Page 4 of 6
lots within the DRI project, the applicants submits that completion of the Substantial
Deviation Determination Chart would not be productive.
Section 3. The Development Order shall also be amended to include the
Conditions of Approval, attached and incorporated herein as Exhibit "A".
Section 4. Upon consideration of all matters described in Section 380.06,
Florida Statutes (1996), it is hereby determined that:
A. The amendments proposed by Developer 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 Developer are consistent with the
local comprehensive plan and local land development regulations,
subject to the conditions outlined above.
C. The amendments proposed by Developer are consistent with the
recommendations of the Treasure Coast Regional Planning Council,
subject to the conditions outlined above.
D. The amendments proposed by Developer do not create any
additional regional impacts and therefore do not constitute a
substantial deviation under Chapter 380.06, Florida Statutes (1996).
Section 5. The City Commission has concluded as a matter of law that these
proceedings have been duly conducted pursuant to the provisions of Chapter 380.06,
Florida Statutes (1996), that Developer is entitled to the relief prayed and applied for,
and that the Development Order is hereby amended incorporating the amendments
proposed by Developer as set forth in Section 2 above.
Section 6. Except as otherwise amended herein, the Development Order shall
remain in full force and effect.
Page 5 of 6
Section 7. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 8. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 9. Authority is hereby granted to codify said ordinance.
Section 10. This ordinance shall become effective immediately upon passage.
FIRST READING this ,~' day of /~.,8/.z,,;~ ~' ,1999.
SECOND READING and FINAL PASSAGE this ~,~ day
,,~,/,,~,~'~// ,1999.
ATTEST:
of
CITY OF BOYNTON BE~H, FLORIDA
~ayor //' .
~a~r ~ro Tem
Co~issioner
Comm±ss±oner
Page 6 of 6
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida,
does hereby abandon and disclaim a certain special purpose easement and a
utility easement, more particularly described herein as Exhibit "A".
IN W:~TNESS WHEREOF, the duly authorized officers-of the City of
Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the
City this /G day of February, 1999.
~,~t1%%11 IIIIIII1~
'.,~.~ se, City Clerk
,~FLORIDA )
COUNTY OF PALM BEACH )
)SS:
CITY OF BO_Y~.T~2N-BE~CH, FLORIDA
BEFORE HE, the undersigned authority, personally appeared JERRY
TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of
Boynton Beach, Florida, known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged the, ~xecution thereof to
be their free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal of said corporation;
. and that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this
' ";"'day of-February, 1999.
My Commission Expires:
NOTARY PUBLIC, State of Florida
~'~,,.,,, ~arbara M. Madden
¢~ ..~ '"~'.. ,'ommiosion # CC 760467
~..~ ~ ~xp~es ~ulV 19, 2002
~, ' BONDED THRU _
~0F ~' ATL,tNTIC BONDING CO.,
EXHIBIT "A"
_Utility Easemen_f '
The West five feet of lot 32, and the West 5 feet of lot 53, and the East 5 feet of lot :33, and the East
five feet of lot 52, together with .10 foot area of undedicated roadway lying five feet on either side of
the Southerly extension of the East line of lot 33, aa recorded in the Official Record Book 1415, Page
102, Public Records of Palm Beach County, Florida, allocated in Lake Village, a subdivision of the
City of Boynton Beach, Florida, according to the plot thereof on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach.County, Roi'ida recorded_!n?lat Book 21, Page 18, public recorcls
of Palm Beach County, Flodda.
Special Purpose Easement
A portion of a parcel of land lying along the South line. of Lot 18, SAM BROVVN JR.'S SUBDIVISION,
a sul:)division of the City of Boynton Beach, Florida, according to the plat thereof on file in the office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page
81, Pul:)lic Records of Palm Beach County, Florida, being more particularly described as follows:
Commencing at the northwest comer of Lot 11, LAKE VILLAGE, according to the plat thereof on file
in the office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in Plat Book 21,
· ' ' talon North line of said pi~t, a distance of 49.1,,6 feet to the
· rice North 89 59 45 Eas, g -: . -, · North 07°36 49' East, a
Page 18, the · · rdn smd North line , .
T F BEGINNING of said portion; thence oepa g
PeIN O ..... ..~o,.,a=,.,~=-=~,+ adistanceof394.SSfeet',thanceN0rth00°0_01.5."
..,;,.+...,,.. ,,w ,m ~g feet' thence mgr,- o=-~-,w ,.---. .......... ..~ .=n ~tO feet' thence =ioum
,.,~.o . .~;.,..e_~ et zu uu ~, u,..,.- ,.., ...... ___, ..... . .... ;"t on the mean nigh
vv~a~,. ~,,~, .... · . .. ,~,~ ._ . ,~, .... ~d,...~ 8ge594~- past, ~u a i.,~,,,
, - d' nce eT xu.uu ~.e~: L,,.~-.,~ ,-~,,-, , - aid mean
00'00 15 East. a ista ....... . .__...,...,...e,~, dh 15el 8 59 West, along s
· oistanc8 eT 'leU.o:a met, u,-,,~,- ..... . GE'
water line of Lake Worth, a_..,, ,~. ,.-, ... ~ .,,,;., ~,,~ the North line of said plat of LAKE VILL.A_~ _-,
~--'-~ ,..~-,- ~;-e- a distance o~ ~u.~. ~ ~, - ?.,,:. 7:.' - ~.-.--..- ,~ e 17 feet to the PeIN OP
, .. ...... · · 1:3 T
'.?" "~ , - alorl said North plat line, a c.a~H~.- ~,, ,. ·
mence South 89e59 45 West g
BEGINNING.
60
MEAN HIGH WAFER LIN[
C+" LA~E WORTH PER 0ER0
30 0 60 '~
CR~PH[C SCALE [N FEET '-
SCALE: ~ ' = 60' L~
S00° 00'15"E co
20.00' z
N89o 59,45,,E
30.00'
N00o 00'15"W
20.00'
SOUTH 10'
SAM BROWN JR.S'
ABBREVIATIONS:
POINT OF BEGINNING
POINT OF. COMMENCEMENT
OFFICIAL RECORO EOr)K
P.O.8. ·
P.O.C. o
'~ LIDBERG LAND
SURVEYING INC.
LB44~!
675 We$~r [ndian~rown Road,
SUITE 200, Jupi~ec, Florida 33458
EEL. 561 -746-8454
~-~'~'- S13° 18'59"W
10.28'
LOT .3
LOT 4.
LOT 5
LOT 9
LOT 10
LOT ,,
I:,'
I'~/"- . NORTHWEST CORI~R
~-,,~......_ . _~.O_T 11, L,N<E VILLAGE
I ------...........P. LAT BOOK 21, PAG~ la
FLO.
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98-040~30J)
O4 TE
07/29/98
REF.
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SHEET OF
2 2
LOT
PLAT
PLAT
/
25 / ~ . LOT
t /
OF LAKE/VILLAGE
BOOK /~ 1,' PAGE 18
26
LOT 33
/
30 ~$ 0 30
/ /
/ / LOT 32
/ /
/ /
/ /
/
UNOEOICATEO
ROADWAY b 10' UTfLITY EASEMENT
/ / / / PER O.R.B. ~4~5, PC,.
LEGAL DESCRIPTION:
SOUTH LINt F~.AT OF LN(E V~LLAG[
PLAT BOOK 21, PAGE 18
GRAPHIC SC,aLE ;N ,:'£ET
SCALE': 7"= 30'
~ O2
The West 5 feet of Lot 32, and the West 5- feet of Lot 53, and the Eost 5 feet of Lot .33, ond
the Eost 5 feet of Lot 52, together with 10 foot oreo of undedicoted roodwoy lying five feet on
either side of the Southerly extension of the Eost line of Lot 33, os recorded n OfficiolRecord
Book t415, Poge 102 Public Records of Polm Beoch County, Florido, olllocoted in LAKE VILLAGE,
o subdivision of the City of Boynton Beoch, Forido, occordng to the plot thc-eof on file in the
Office of the Clerk of the Circuit Court in ond for Polm Beoch County, Ftorido recorded in Plot
Book 21, Poge 18, public records of Polm Beoch County, Florido.
ABBREVIATIONS:
SURVEYOR'S NOTES:
1, ~'HIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS
P.O.B. · POINT OF' BEGINNING
P.O.C, - POINT OF COMMENCEMENT
O.R.B. - OFFICIAL RECORD BOOK
HAS BEEN MADE BY THIS OFFICE.
3 (~).E._.DE_S_C_RIP_T_ION SKETCH AND THE DESCRIPTION TEXT COMPRISE THd'RECEIVEE
Mt~LI:-IIF LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALI[~ AUG 5
4 UNLESS BOTH ACCOMPANY EACH,,.,,.. ,.,,-..,A..____..__ __._...___.__ _, _OTHER' [ I~
/~/f///~///// ' DECSRIPTION ~ SKETCH
~, ,,~~z . PREPARED FOR:
PROFES-~I~~ORVEYOR AND MAPPER OLEN RESIDENTIAL
rLOR,DA~C~RTF~CA]'E NO. 3~3 REALTY CORPORATION
/
· LIDBERG LAND
SURVEYING /NC.
LB4431
675 West lr~dion'f'own Rood,
T£ 200.
Flor"~do
33458
-746-8454
,["LD.
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07/29/98
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SHEET OF
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