02-054-AOPOINA C SO. 02-0 -2-/ --
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, 99-0, 00-02 AND 01-54
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 380.06, FLORDA STATUTES, 1996, AND
WHETHER 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, 97-20, 99-05, 00-02 AND 01-
54) 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
a~as granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development
Drder"); and
WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the
Droperty to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"),
md, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to the
?roperty to Quantum Associates, a Florida general partnership (the "Developer"); and
Page 1 of 5
WHEREAS, the City approved previous applications to amend the Development
~Order which applications were approved by the City in Ordinance No. 86-11, Ordinance
26-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96-
33, Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05, Ordinance No.
~0-02, and Ordinance 01-54;
WHEREAS, the City Commission of the City of Boynton Beach, as the governing
body having jurisdiction, is authorized and empowered to consider applications for
amendments to development orders approving developments of regional impact pursuant
to Chapter 380.06, Florida Statutes (1996); and
WHEREAS, the City Commission has considered the testimony, reports and other
documentary evidence submitted at said public heating by Quantum Limited Partners
;'Quantum"), the City staff and the public, and the City Planning and Development
Ioard's recommendation of the 24th day of September, 2002; and
WHEREAS, said City Commission has considered all of the forgoing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
['HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. A notice of public heating was duly published on the 1st day of
)ctober, 2002, in the Palm Beach Post, a newspaper of general circulation in Boynton
3each, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said
>ublication has been duly filed.
Section 2. The Development Order shall be amended to include the following
~rovisions:
Page 2 of 5
3'.
lot was previously
,ffice/Industrial (OI).
34C:
lot was previously
Space/Detention.'
89B:
designated as Industrial (IND) and shall be amended to
designated as "Reserved" and shall be amended to Open
lot was previously designated as Office/Industrial (OI) and shall be amended to
The proposed Mixed Use Designation includes office, commercial and
(MU).
uses.
Section 3.
Master Site Development Plan Amendment No. 13 as submitted to the
a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces
supersedes the Master Site Development Plan currently approved in the Development
Section 4. The Development Order includes Conditions of Approval, a copy
,fwhich is attached and incorporated herein as Exhibit "C".
Section 5. Upon consideration of all matters described in Section 380.06, Florida
ltatutes (1996), it is hereby determined 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.
Page 3 of 5
C. The amendments proposed by Quantum are consistent with the
recommendations of the Treasure Coast Regional Planning 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, Florida Statutes (1996).
Section 6. The City Commission has concluded as a matter of law that these
>roceedings have been duly conducted pursuant to the provisions of Chapter 380.06,
.~lorida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and
:hat the Development Order is hereby amended incorporating the amendments proposed
>y Quantum as set forth in Section 2 above.
Section 7. Except as otherwise amended herein, the Development Order shall
:emain in full force and effect.
All ordinances or parts of ordinances in conflict herewith are
Section 8.
hereby repealed.
Section 9.
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 10. Authority is hereby granted to codify said ordinance.
Section 11. This ordinance shall become effective immediately upon passage.
FIRST READING this /~ day of ~L-7/-0 ~_~ f~-' ,2002.
Page 4 of 5
'a: d!ltanca :of
~,~.
,.
5E18~14".
~ ~0-~
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park NOPC Amendment 4/13
File number: MPMD 02-002
Reference: 2nd review plans identified with a September 3, 2002 Planning and Zoning Department date stamp
markin
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. With respect to the re-designation of Lots 89B and 3 the Developer shall X
provide a Traffic Impact Analysis (TIA) as noted in Staff's reviews of
Quantum Villages North and Quantum Villages East (Lot 89B), dated August
5, 2002, (provided under separate cover) which, at a minimum, evaluates the
impact of traffic (turning movements) and need for signalization. Of
particular concern is traffic congestion at the proposed intersection of High
Ridge Road and the proposed Quantum Villages North and Quantum Villages
East (Lot 89B). The TIA must be provided at time of Master Site Plan
submittal for Lot 89B and Quantum Village-North.
UTILITIES
Comments:
2. The applicant (through his design engineering consultant) needs to X
demonstrate that: a.) sufficient utility system capacity is available to support
the proposed modifications to the previously approved land uses to the north
of Gateway Boulevard; or b.) that the necessary upgrade(s) to the system(s)
will be provided to allow for the proposed use(s) at time of Technical Site
Plan Review.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments:
3. All residential development planned for this area will be subject to the Park X
and Recreation Facilities Impact Fee.
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. Under the condition of Amendment #8 to the Quantum Park Development X
Order and Chapter 3, Article IV of the Land Development Regulations, a
traffic analysis is required for this Master Plan approval. In lieu of an
independent traffic consultant, the staff and the Palm Beach County Traffic
Division will review the traffic study. The project must meet the Palm Beach
County Traffic Performance Standards.
5. If Lot 89B is developed as residential, it must meet the buffer requirements of
the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X
requirements in the Land Development Regulations. No waivers are allowed.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. Omit Comment//5 allowing buffer plan to be reduced and project setbacks as X
proposed or adjusted.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMD\COA.doc
FINAL PASSAGE this i~' day of
SECOND READING and
2002.
13
CITY OF EOYNTO3~ ]3EA(~I, FLORIDA
Ma' ~.~..o.-r--'-) ./-~
ommissi°ner
ner~
Page 5 of 5