04-077
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ORDINANCE NO. 04- ð if
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 84-51, AS
SUBSEQUENTLY AMENDED, OF THE CITY OF
BOYNTON BEACH BY ADOPTING AN AMENDMENT TO
THE QUANTUM PARK DEVELOPMENT OF REGIONAL
IMPACT, KNOWN AS THE QUANTUM PARK DRI
DEVELOPMENT ORDER, BY MODIFYING THE MASTER
! PLAN LAND USE DESIGNATIONS FOR LOTS 17, 21, 50A,
AND 52 FROM OFFICE/INDUSTRIAL (01) TO
OFFICE/INDUSTRIAL (01) AND INDUSTRIAL WITH
RETAIL SALES (IND/R), AND BY MODIFYING THE
MASTER PLAN LAND USE DESIGNATIONS FOR LOTS
81 AND 82 FROM OFFICE/INDUSTRIAL/COMMERCIAL
(OIC) TO GOVERNMENTAL & INSTITUTIONAL (G&I);
PROVIDING FOR A SA VINGS CLAUSE, REPEALING
PROVISION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Quantum Park of Commerce ("Quantum Park PID") is a partially built-
out Development of Regional Impact ("DRI") comprised of 553.13 acres, zoned Planned
Industrial Development ("PID"), and located on the west side of Interstate 95, from Miner
I Road extended south to the Boynton C-16 Canal; and
WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum
Park DRI Development Order, adopted by the City Commission of the City of Boynton
Beach December 4, 1984 under Ordinance No. 84-51, and subsequently amended by
Ordinance Nos. 86-11, 86-37, 88-3,94-10,94-51,96-33,96-65,97-20,99-05,00-02,01-54, !
and 02-54; and
WHEREAS, the proposed Amendment, referred to as Amendment #14 proposed I
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amending the existing use designations on several lots in the Master Plan for Quantum Park, I
including the creation of a new designation called Industrial with Retail Sales ("IND/R") on
the real property located in Palm Beach County, Florida, and more particularly described in
Ithe attached Exhibit "A"; and I
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WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change
("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said
NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the
Treasure Coast Regional Planning Council ("TCRPC"), and the City; 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
NOPCs; 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
Department of Community Affairs and the TCRPC; and
WHEREAS, this City Commission has on September 21, 2004 and on October 5,
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 reviewed the NOPC
and pursuant to the procedures of Section 380.06, Florida Statutes has determined that the
proposed changes will not create additional regional impacts; and
WHEREAS, this City Commission has received and considered the report and
recommendations of the Planning and Development Board of the City of Boynton Beach; and
WHEREAS, this City Commission has made the following FINDINGS OF FACT I
AND CONCLUSIONS OF LA W with regard to the MFT Development, Inc. application for
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an amendment to the Quantum Park DRI Development Order;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I
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rrHE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: i
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Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. 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
MFT Development, Inc., the "Master Developer" related to the an amendment to the
Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84-
51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33,
96-65,97-20,99-05,00-02,01-54, and 02-54; and
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 (D RI) 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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D. The proposed development will be consistent with the submitted and
reviewed by the Treasure Coast Regional Planning Council pursuant to
Section 380.06(8), 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 5th day of October, 2004,
I that the Notice of Proposed Change to the Quantum Park Development of Regional Impact
I submitted by the Master Developer is hereby ordered Approved, subject to the provisions of
[thiS Ordinance and the Conditions of Approval attached hereto as Exhibit "B", 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
Quantum Park DRI filed by the Master Developer.
2. That the definitions found in Chapter 380, Florida Statutes shall apply to this
I amended DRI Development Order.
I 3. That the Development Order shall be amended to modify the Master Plan designation
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of certain lots subject to the Quantum Park DRI Development Order, as follows:
The Master Plan designation of Lots 17, 21, 50A, and 52 is changed from
Office/Industrial (01) land use to Office/Industrial (O!) and Industrial with
Retail Sales (IND/R).
I The Master Plan designation of Lots 81 and 82 is changed from a
Office/Industrial/Commercial (OIC) land use to Governmental & Institutional
(G&I).
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4. That this amended DR! Development Order shall be binding upon the Master
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.
5. 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 DR! Development Order, which shall remain in full force
and effect.
6. That the approval granted by this amended DRI 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.
7. The amendments proposed by the Master Developer do not create any additional
impacts and therefore do not constitute a substantial deviation under Chapter 380.06,
Florida Statutes.
8. Actual development phasing will depend upon economic circumstances and Master
Developer's internal business growth. Any proposed development described in the
Notice of Proposed Change are for planning purposes only and the actual
development schedule may vary therefrom.
9. The amended DRI Development Order set forth in Section 1 hereof shall become
effective upon adoption of the ordinance amending the land use designations for
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certain Lots designated in the Master Plan, provided such date shall be extended until
completion of appellate procedures, if any, relating to the issuance of this amended
DRI Development Order.
10. Copies of this Ordinance incorporating the amended DRI Development Order
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.
11. Except as otherwise amended herein, the Development Order shall remain in full
force and effect.
Section 3. 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 4. 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 5. All ordinances or parts of ordinances in conflict herewith are hereby
; ,repealed.
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Section 6. This ordinance shall become effective immediately upon its passage.
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FIRST READING this -ºZ.L day of Se.fn~Mb~r ,2004.
SECOND READING and FINAL PASSAGE this ~ day of Oc.Tobe.r ,2004.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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