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ORDINANCE NO. 05- 01~
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 TO INCREASE THE NUMBER OF
DWELLING UNITS PERMITTED UNDER THE
DEVELOPMENT ORDER FROM 1000 TO 1105
DWELLING UNITS; PROVIDING FOR A SAVINGS
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 CDRI") comprised of 553.13 acres, zoned Planned
Industrial Development ("PID"), and located on the west side of Interstate 95, from Miner
Road extended south to the Boynton C-16 Canal; and
WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum
Park DR1 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,
02-54 and 04-'77 ("Development Order"); and
WHEREAS, the proposed Amendment, referred to as Amendment #15 proposed
mnending the Master Plan for Quantum Park to allow an increase in the number of dwelling
milts permitted under the Development Order from 1000 to 1105 dwelling units on the real
property located in Palm Beach County, Florida, and more particularly described in the
altached Exhibit "A"; and
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1 WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change
2 ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said
3 NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the
4 Treasure Coast Regional Planning Council ("TCRPC"), and the City; and,
5 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter
6 City Commission), the governing body of the local government having jurisdiction, pursuant
7 to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider
8 NOPCs; and
9 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and
l0 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the
11 Department of Community Affairs and the TCRPC; and
12 WHEREAS, this City Commission has reviewed this matter on February 1, 2005,
13 and on February 15, 2005, held a duly noticed public hearing on the Application, and has
14 heard and considered the testimony taken thereat; and
15 WHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC
16 and pursuant to the procedures of Section 380.06, Florida Statutes has determined that the
17 proposed changes will not create additional regional impacts; and
18 WHEREAS, this City Commission has received and considered the report and
19 recommendations of the Planning and Development Board of the City of Boynton Beach; and
20 WHEREAS, this City Commission has made the following FiNDiNGS OF FACT
21 AND CONCLUSIONS OF LAW with regard to the MFT Development, Inc. application for
22 an amendment to the Quantum Park DRI Development Order;
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
!THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
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 04-77; 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 (DR/) 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
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land development regulations, subject to conditions outlined herein
and Part ili, Land Development Regulations of the City of the Boynton
Beach Code of Ordinances; and
The proposed development will be consistent with the proposed
mnendmenI the submitted to 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
......... ebruar¥, 2004_5, that the Notice of Proposed Change to the Quantum Park
Development of Regional Impact 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
amended DRI Development Order.
3. That the Development Order shall be amended to modify the Master Plan a,,~: ......
04 ............... ~,a~, to.of the Quantum Park DR/Development Order, as follows:
The Master Plan d~; .... ';~- of r ~,~ ·
~o,e, ......... 17. 21, <a^ and 52 '0 ~' .......a r~ ....
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~ designation of the maximum number of dwelling units
allo~vable within the areas designated for "Mixed Use (MU)" development
shall be increased from 1,000 to 1,105 dwelling units.
4. That this amended DRI 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 DRI 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.
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.
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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 i~..i ..... ~,,; ...... ;~-~' for
~'~";~ ~ .... f1~": ..... *~'~ maximum number of dwelling units allowable within the
a_re~a~s designated for "Mixed Use (MU~_' from 1,000 to 1,105 dwelling unils 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
dth all ordinances of the city of Boynton Beach, including, but not limited to, its
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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
:hereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not
~ffect the remainder of this Ordinance.
Section 5.
repealed.
Section 6.
FIRST READiNG this ~ day of
SECOND READiNG and FiNAL PASSAGE this
CITY OF
All ordinances or parts of ordinances in conflict herewith are hereby
This ordinance shall become effective immediately upon its passage.
,2005.
____dayof ~brct(~,-,/ ,2005.
FLORIDA
~TTEST:
~ommissioner
Page 7
EXHIBIT C
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park NOPC # 15
File number: DRIA 05-001/MPMD 05-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. 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 convincin~ evidence
Conditions of Approval
2
DEPARTMENTS
Provide notice of concurrency (Traffic Performance Standards Review) from
Palm Beach County Traffic Engineering.
3. Provide notice of school concurrency from Palm Beach County School
Board for the additional 105 residential dwelling units being requested.
4. Amend the Substantial Deviation Determination Chart under "Attraction
and Recreation" to reflect a "0" below the heading of"Proposed Change"
instead of N/C for the 4,000 seat movie theater.
5. Height is not a characteristic of the DRI or the Master Plan. Height limitations
are located within the Planned Industrial District (PIX)). Therefore, the
height request will not be addressed in the NOPC. Ifa change is proposed to
the height limitation, a Code Review (CDRV) request, justification and
review fee must be submitted to amend the PID regulations.
The applicant is asked to acknowledge that the City is currently in litigation
regarding heights exceeding 45 feet
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S 5PIanning\SHARED\WP~PROJECTS\Quantum Park NOPC #15-MPMD\COA.doc
iNCLUDE
X
X
X
X
X
X
REJECT