04-0131 ORDINANCE NO. 04- tr') / 3
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 02-061 OF THE
CITY OF BOYNTON BEACH BY ADOPTING AN
AMENDMENT TO THE RENAISSANCE COMMONS
DEVELOPMENT OF REGIONAL IMPACT, FORMERLY
KNOWN AS THE MOTOROLA DEVELOPMENT ORDER;
PROVIDING FOR A SAVINGS CLAUSE, REPEALING
PROVISION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 1, 1979, MOTOROLA, INC., ("Motorola") filed a
Development of Regional Impact Application for Development Approval ("Application")
with the Treasure Coast Regional Planning Council ("TCRPC") in accordance with Section
380.06, Florida Statutes; and,
WHEREAS, Motorola proposed to develop a manufacturing development and
administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial
and Office) Development of Regional Impact on the following described real property
located in Palm Beach County, Florida, described in Exhibit "A".
WHEREAS, the City Commission of the City of Boynton Beach approved the
Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and
subsequently amended by Ordinance 79-36, dated January 7, 1980; and
WHEREAS, on December 17, 2002, the City Commission approved an amended
DRI Development Order by Ordinance No. 02-061, requested by the then-owner of the
Property, Maury L. Carter & Associates, Inc., to develop a mixed residential and supporting
commercial use project on the vacant portion of the Property; and
WHEREAS, on November 11, 2003, the new owner of the Property, Compson
Associates of Boynton II, LLC ("Master Developer") filed a Notice of Proposed Change to
the Motorola Development of Regional Impact with the City of Boynton Beach, the TCRPC
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and the Florida Department of Community Affairs in accordance with Section 380.06,
Florida Statutes; and
WHEREAS, said Master Developer proposes to redevelop the Property with a
mixed-use project to complement the approved residential uses, and to rename the project as
"Renaissance Commons DRI; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter
City Commission), the governing body of the local government having jurisdiction, pursuant
to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider
Notices of Proposed Change; and
WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and
Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the
Division of Community Affairs and the TCRPC; and
WHEREAS, this City Commission has on March 16, 2004 and on April 7,2004, held
a duly noticed public hearing on the Application and has heard and considered the testimony
taken thereat; and
WHEREAS, the Treasure Coast Regional Planning Council has informed City staff
that the TCRPC has no comments or issues with respect to the Application; and
WHEREAS, this City Commission has received and considered the report and
recommendations of the Technical Review Committee and the Planning and Development
Board of the City of Boynton Beach; and
WHEREAS, this City Commission has made the following FINDINGS OF FACT
AND CONCLUSIONS OF LAW with regard to the Application for Development Approval.
NOW THEREFORE, BE IT ORDAINED BY TItE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
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If
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Section 1.
this reference.
Section 2.
The foregoing Whereas clauses are true and correct and incorporated herein by
That the City Commission of the City of Boynton Beach, Florida makes the
following findings of fact regarding the Notice of Proposed Change submitted by Compson
Associates of Boynton II, LLC, the "Master Developer" related to the Renaissance Commons
Development of Regional Impact, formerly known as the Motorola Development of Regional
Impact, previously approved by Ordinance No. 75-19, as amended by Ordinance Nos. 79-36
and 02-061:
FINDINGS OF FACT
A. The proposed development is not in an area of critical state concern
designated pursuant to the provisions of Section 380.05, Florida
Statutes;
B. A State Comprehensive Planning Document has been recognized by
the legislature as an advisory policy document for the entire State of
Florida, and the proposed development does not unreasonably interfere
with the achievement of the objective of this advisory policy
document;
C. The proposed amendment to the Development of Regional Impact
Order (DRI) Development Order will be consistent with the
corresponding amendment of the adopted comprehensive plan for the
City of Boynton Beach and are, or will be, consistent with the local
land development regulations, subject to conditions outlined herein
and Part III, Land Development Regulations of the City of the Boynton
Beach Code of Ordinances; and
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The proposed development will be consistent with the submitted and
reviewed by the Treasure Coast Regional Planning Council pursuant to
Section 380.06(8), Florida Statutes.
CONCLUSIONS OF LAW
It is hereby determined by the City Commission of the City of Boynton Beach,
Florida, in a public meeting, duly constituted and assembled this 7th day of April, 2004, that
the Notice of Proposed Change to the Renaissance Commons Development of Regional
Impact submitted by the Master Developer is hereby ordered Approved, subject to the
following provisions of this Ordinance and the Conditions of Approval attached hereto as
Exhibit "C", and incorporated herein by reference.
1. That this amended DRI Development Order shall constitute the Development Order
of this Commission issued in response to the Notice of Proposed Change for the
Renaissance Commons DRI filed by the Master Developer.
2. That the definitions found in Chapter 380, Florida Statutes shall apply to this
amended DRI Development Order.
3. The Development Order shall be amended to include the following provisions:
Conversion of industrial and office land use entitlements to:
1,551 multi-family residential units
213,000 square feet of retail use
247,800 square feet of office use
Master Site Development Plan Amendment No. 2, 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.
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Establishment of a Use Conversion Matrix:
1,000 sf office
1 multi-family du
Office Multi-Family~ Commercial
2.39 du 387 sf
365 sf ......... 142 sf
1,000 sfcommercial 2,582 sf
6.16 du
Uses approved by the DRI Development Order may be changed pursuant to
the conversion factors contained in the Use Conversion Matrix, subject to
limitation of 30%, increase or decrease, from the approved use intensity,
without the need for modification to the DRI Development Order. Use
conversions shall be reported each year in the Renaissance Commons DRI
Annual Report.
That this amended DR[ Development Order shall be binding upon the Developer and
its assignees or successors in interest. It is understood that any reference herein to any
governmental agency shall be construed to mean any future instrumentality which
may be created and designated as successor in interest to, or which otherwise
possesses any of the powers and duties of any referenced governmental agency in
existence on the effective date of this amended DRI Development Order.
That in any event that any portion of section of this amended DR[ Development Order
is determined to be invalid, illegal or unconstitutional by a court of competent
jurisdiction, such decision shall in no manner affect the remaining portions or sections
of this amended DRI Development Order, which shall remain in full force and effect.
That the approval granted by this amended DR[ Development Order is conditional.
Such approval shall not be construed to obviate the duty of the Master Developer to
comply with all other applicable local or state permitting procedures.
~ Conversion to or from residential use is based on P.M. peak hour trip generation rates for
apartments or townhouse/condos, whichever is the more restrictive conversion factor.
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10.
The amendments proposed by the Master Developer do not create any additional
impacts and therefore do not constitute a substantial deviation under Chapter 380.06,
Florida Statutes.
That this amended Development Order shall remain in effect for a period of 30 years
from the date of its rendition, up to and including January 7, 2010, provided that this
effective period be extended by this Commission upon a finding of excusable delay in
any proposed development activity and that conditions have not changed sufficiently
to warrant further consideration of the development. In the event the Master
Developer fails to commence significant physical development within four years from
the date of rendition of this amended DRI Development Order, development approval
shall terminate and the development shall be subject to further consideration.
Significant physical development shall mean site cleating and foundations for the
facility.
Actual development phasing will depend upon economic circumstances and Master
Developer's internal business growth. The proposed development as described in
the Notice of Proposed Change to the Renaissance Commons DRI are for planning
purposes only and the actual development schedule may vary therefrom.
The amended DRI Development Order set forth in Section 1 hereof shall become
effective upon adoption as a part of the Ordinance rezoning a portion of the subject
property from Planned Industrial Development (PID) and Community Commercial
(C-3) to Suburban Mixed Use District (SMU) and amending the land use designation
for a portion of the subject property from Industrial and Local Retail Commercial to
Development of Regional Impact (provided such date shall be extended until
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completion of appellate procedures, if any, relating to the issuance of this amended
DRI Development Order.
11. Copies of this Ordinance incorporating the amended DRI Development Order,
rezoning a portion of the subject property to Suburban Mixed Use District (SMU)
and amending the land use designation of the subject property to Development of
Regional Impact shall be transmitted immediately by certified mail to the Division of
Community Planning, the Treasure Coast Regional Planning Council and the Master
Developer.
12. Except as otherwise amended herein, the Development Order shall remain in full
force and effect.
Section 3. That the subject Property located in the City of Boynton Beach, Florida,
(approximately 85.554 acres) is subject to the successful Rezoning, which is contingent on
the review and approval of the DRI-related Land Use Plan Amendment by the State of
Florida Department of Community Affairs.
Section 4. Except as provided herein, the Master Developer shall proceed in strict
accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its
building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and
regulations of the State of Florida Department of Environmental Protection.
Section 5. That should any section or provision of this Ordinance or any portion thereof
be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect
the remainder of this Ordinance.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7. This ordinance shall become effective immediately upon its passage.
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FIRST READING this /dp dayof ]'x/~0~F'(L/')
SECOND READING and FINAL PASSAGE this
,2004.
day of 3 t.
,2004.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
C'~mmi~
Clerk
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EXHIBIT "A'
Motorola DRI
LEGAL DESCRIPTION
ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL
DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS.
ALL. OF TRACTS 94 THROUGH 107, SfiCTION 20, OF SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK
7, PAGE 20, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, INCLUDING 30
FOOT STRIP LOCATED IN SECTIO~q 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND
BOUNDED ON THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94,
SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE
43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20,
PALM BEACH COUNTY RECORDS, ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD
EASEMENT RUNNING FROM CANAL C- 16 NORTH TO THE NORTH LINES OF LOTS 102 AND
107 EXTENDED OF SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7,
PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN
LOTS 96 TO 102 ON THE EAST AND LOST 94, 95 AND 103 THROUGH 107 ON THE WEST IN
SAID SUBDIVISION.
ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS
DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE
ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE WORTH
DRAINAGE DISTRICT EQUALIZING CANAL Eo4, EXCEPTING THAT PORTION OF TRACTS 94,
95, 103, 104, 105, 106 AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH LIES WITHIN
50 FEET OF THE WEST LINE OF SAID SECTION 20.
ALSO, ALL THAT PART OF THE SW ~A OF SECTION 17 AND ~ NW ¼ OF SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTH
OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22ND AVENUE AS DESCRIBED IN
OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND NORTH OF THE SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20,
HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF
CONGRESS AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE
LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4.
EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF
CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND
RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL.
10
WPB: 166567:2
I~OYNTON ¢DANAL O-16
EXHIBIT "C"
Conditions of Approval
Project name: Renaissance Commons (fka Motorola) DRIA
File number: DRIA 03-001
Reference: 2nd review plans identified as a Development of Regional Impact Amendment Master Plan with a
January 27, 2004 Planning & Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X
all utilities on or adjacent to the project.
2. Justify the water and sewer values used in the conversion matrix. Those X
numbers should relate to what actually has been purchased to date. Provide
specific justification for the hil~h values applied to office and industrial uses
3. Based upon the applicant's conversion matrix (which we do not accept), the X
site exhibits an increase from the current use of 2161.66 dwelling units
(equivalent) to 3281.01 dwelling units (equivalent) with the proposed
change. A change of this magnitude would require the applicant to
fund a re-study of the Utilities Master Plan for water and wastewater
in the affected area. Any cost for utility upgrades as a result of impacts
from this project shall be borne by the applicant.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Provide a master storm water management plan in accordance with the X
LDR, Chapter 3, Article IV, Section 3.T.
BUILDING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None I X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
5. Provide a letter from the South Florida Water Management District X
regarding impacts to ground and surface water as a result of the proposed
change, prior to issuance of any building permits.
6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence.
7. Indicate the width of all access points to ensure their compliance with City X
code. Also show the access points to collector and arterial streets indicating
their compliance with access requirements within the code.
8. The approval of NOPC #2 is contingent upon the approval of the Land Use X
Amendment to Development of Regional Impact (DRI) and Rezoning to
Suburban Mixed Use (SMU).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
9. Per FDOT requirement, the build-out date for the DRI shall amended to X
reflect a period of 25 years, December 31, 2005.
10. Per FDOT requirement, the project must contribute to an additional X
Westbound through lane at the intersection of Gateway Boulevard and
Congress Avenue, prior to build-out.
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