O96-33ORDINANCE NO. 96-~
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 AND 94-51, 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 AND 94-51) 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
hereof; and
WHEREAS, the ADA was approved and the Development Order
for the Property was granted December 18, 1984 and pursuant to
Ordinance No. 84-51 (the "Development Order"); and
WHEREAS, Riteco subsequently conveyed its right, titles
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. 86-11,
Ordinance No. 86-37, Ordinance No. 88-3, Ordinance No. 94-10,
and Ordinance 94-51; and
WHEREAS, the term "Development Order" includes all
amendments thereto and
WHEREAS, Quantum Associates, a Florida general
partnership ("Developer") is the current owner and developer
of the remaining vacant land within the project commonly known
as Quantum Corporate Park at Boynton Beach Development of
Regional Impact (sometimes hereinafter called 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 to reflect the addition of
Lots 80, 81 and 82 to the DRI and to include commercial use as
a permitted land use for certain additional lots (lots 65A,
65B, 67B, 76, 77, 78, 79 and 91) within Quantum Park and
delete commercial use as a permitted land use for lots 58, 59,
60, 61 and 62 within Quantum Park (see attached Exhibit "B" -
Amended Master Site Development Plan); and
WHEREAS, the City Commission 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, 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 25th day of June, 1996; and
WHEREAS, said City Commission has considered all of the
foregoing.
NOW THEREFORE, be it ordained by the City Commission of
Boynton Beach, that said City Commission makes the following
findings of fact:
Section 1. A notice of public hearing in the proceedings
was duly published on the 17th day of June, 1996, in The 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 in these proceedings.
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Section 2. Developer has requested that the Development
Order be amended to include the following provisions:
1. Lots 80, 81 and 82 as per the plat of P.C.D.
Center, Plat Book 60, Pages 106 and 107, Public
Records of Palm Beach County, Florida, are hereby
added and incorporated into the Quantum Park DRI.
2. Master Plan Amendment No. 6 to the Master Site
Development Plan for Quantum Park dated July 1,
1996, is hereby approved.
3. In accordance with the analysis of the intersection
of Park Ridge Road and Gateway Boulevard prepared
by Kimley-Horn and Associates, Inc. dated April 9,
1996, as modified by Supplemental Analysis dated
June 10, 1996 and incorporated herein by reference,
the following intersection improvements shall be
constructed at such time as that portion of the
project served by Park Ridge Road exceeds the
following trip generation levels:
a. 1,200 p.m. peak hour trips - restripe the
southbound approach for dual lefts and a
combination through/right turn lane.
b. 1,300 p.m. peak hour trips - construct an
additional right-turn lane on the northbound
approach to provide dual right-turns.
c. 1,935 p.m. peak hour trips - add a southbound
through lane and separate out the
through/right into a through and right-turn
only lane.
The Developer shall not proceed with development of
that portion of the project served by Park Ridge
Boulevard which would generate in excess of 2,300
p.m. peak hour trips without further review of the
operating characteristics of said intersection and
approval by the City, the Treasure Coast Regional
Planning Council and the Department of Community
Affairs.
-3-
Concurrently with the submittal of a site plan
application for any lot designated commercial
pursuant to the Master Site Development Plan
(regardless of whether the proposed use is
commercial or another permitted land use), the
applicant shall indicate in writing to the City the
number of PM peak hour vehicle trips estimated to
be generated by the proposed building improvement
and also the aggregate peak hour trip generation
for all lots served by Park Ridge Boulevard.
With respect to any commercial development along
Gateway Boulevard, the following conditions shall
apply:
a. There shall be no increase in the number of
free- standing signs than is currently
permitted (i.e. one per lot; additional lots
created beyond the number of lots that
currently exists as of the adoption date of
this ordinance shall not be entitled to their
own freestanding sign and must share
freestanding signage with an adjacent lot).
b. There shall be no increase in the number of
access points on to Gateway Boulevard than
currently anticipated (i.e. additional lots
created beyond the number of lots that
currently exists as of the adoption date of
this ordinance shall not be entitled to their
own access point and must share access through
cross access with an adjacent lot).
c. Landscaping shall be installed in excess of
that required by the landscaping code in
effect as of the adoption date of this
ordinance. The extent of the supplemental
landscaping required shall be determined at
the time of site plan review for the first
commercial lot along Gateway Boulevard
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submitted for review after the adoption date
of this ordinance. The supplemental
landscaping determined to be required for this
first commercial lot shall establish the
landscaping standard required for subsequent
commercial lots along Gateway Boulevard.
6. Where square footage is used to evaluate traffic
generated by a given land use, gross floor area
shall be used, with the exception of commercial use
which shall be evaluated using gross leasable area.
7. The sewage lift station serving Park Ridge
Boulevard shall be upgraded at Quantum's expense at
such time as development generates sewer flow in
excess of the lift station capacity as determined
by the city's Utilities Department.
Section 3. 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 Develope~ are consistent
with the local comprehensive plan~and local land
development regulations.
C. The amendments proposed by Developer are consistent
with the recommendations of the Treasure Coast Regional
Planning Council on file in these proceedings.
D. The amendments proposed by Developer do not
constitute a substantial deviation under Chapter 380.06,
Florida Statutes (1996).
Section 4. 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
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incorporating the amendments proposed by Developer as set
forth in Section 2 above.
Section 5. Except as otherwise amended herein, the
Development Order shall remain in full force and effect.
FIRST READING this 2nd day of July, 1996.
SECOND READING and FINAL PASSAGE this /~ day of
~7~? , 1996.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
COMMISSIONER
COMMISSIONER
/
/
/
(Corporate Seal)
EXHIBITS:
"A" - Legal Description
"B" - Amended Master Site Development Plan
EXHZBTT '"A"
OVERALb BOUNDARY
" '- LEGAL DSSCRIp?Ic~
A Tract of land lying Partially in secClons Ii, 17, ;0 and
?ownahtp 4s eoueh, Range 43 Bast, Pals Beach Co
said ?Fact 'bain mcr - - unty, Florida
NotCh lO44,39- . _ r st ~aid Section 17; thenc
dis Bast, along the West line of Sec ·
Canoe of 1318,10 ~ae . ..rich 17, a
=ant*-''--u~nu o~-' ~.w. ...... zzn~ ~o a point in thuintarsecclon wi ch the
Page la0s, of the Pub,~~n~-~*~°r~ed ~n o.n. Book 1738,
thence wlth a bearing of North 09 04 32 Bast, along the
centerltne of N,W. 22nd Avenue, a distance of 770.37 feet to the
Point of Beginning; ~hence North lo44~39. Bast, a distance of
.1247.06 feet to the South right of way line of L.W.D.D. Lateral
21; thence North 8go08,49- East along the south right of way
'line L.W.D.D. Lateral 21, as recorded in O.R. Book 1732~ Page
612, of the Public Records of Palm Beach County~ FLiortda, a
distance of 635.93 feet to the centerltne of the L.W.D.D.
EqualiZing canal B-4, as recorded in O.R. Book 1732, Page 612,
of the Public Records of Palm Beach County, Florida; thence
along
the centerltne of the above described B-4 Canal with a
curve tO the right having a chord bearlng of North 10o32,52,,
Bm:sc, a radius of 750.00 feet, a central angle of 4oo4,17-, and
thence continue along the
Bast a dt-~ ~ ' _ __ a bearing of North 12035,00,,
, . s~nc~t ~20..69 feet Co a point of curve; thence with
a curve co the le~t having a'radtus of 6500.00 a cent '
of 3028' ,, : : , ~al angle
30, and an arc length o~ 394.23 ·
9°06'30" Bast- a 0~...~ _.. ..... ~ _ ~eet, th?ce NotCh
: , f 8ectton 1~, a distance
of 196~.50 ~eetl thence South 0o~2,11,, Bast, a distance
2625i18 feet, thence North 89008,49, Bast~ & distance of 368.96
::feet~ to a p~tnt on the ~iorth Fight of Way line of N.W. 22nd
,Ret, t~n O.R. Book 1738, Page 1686 of the Publlc
=h County~ Florida; thence south 19o27,31-
50.00 feet to the centerltne of N.w. 22nd
a curve to the right having a chord be'sting
of "East, a radius of 1631.02 feet, a central
an( ~'58", and an arc length of 282.85 feet to:a point;
thence mort 12o02,4i,,
East, a distance of 915.72 feet; thence
~o89o: 0°31'11" Bast, a distance of 399.70 feet; thence North
East, a distance of 413.21 feet;then South 88o22,56,,
East, a dlstance of 1349.70 feet to a point on the Heat right
of the Seaboard Coastline Railroad; thence South
East~ along the Hast right of way line of the Railroad,
a d: o~ 1309.09 feet to a point on the centerltne of ~.H
22n~ ;et thence North 88o27,31, West aLo~- ~ ~ - -. '
of ~.N. 22nd Avenue a d~stance of 67~.~7 thence
0033'53" East, a feet~ South
of 1306.69 feet; thence 8ouch
88°45'3I" , a 8 sE 333.51 feet to apoint onithe ~est
of ); ;d coastline Railro~d; thence with a
1~ 8' _ est, along the #est right of way of
the a di~ ;of 1312,49 feet; thence south 0o33,53,,
Be tance o] feet; thence South 13o15,;z~,, west, 0
20,57
J~ort~ gOeS0,04# ~est, a distance
o~ et; .with a ear~ng North oo49,21,, ~est, a
of 200. ~t; thence North 88o§0,04- West, a distance
~eet; t ~t; south oo49,21. East~ a distance o~ 200 00
04" West, '
~hence h oo49,21- a distance of 4o:.:~o feet;
Bast, a distance of 556.84 feet, thence
~orth ee~o~o~,o4,, ~st, a distance o~ 3617,26 ~eet to a .point on
the centerline o~'the described ceflterline oE the E-4
canal; fence wi a g of North 5o18,14- ~est, a distance
oE East, ~iCh a curve Co the right IJaving a radius
o~ ~eet, a central 'angle of 15°36'44", and an arc length
LSGAL DBSCRZP?ZON (Continued!
of 122.62 ~eet; thence Horth 10018.30. Bast, a distance o~
ii98'.60 ,,"C Co , po*at o, curve, th.nc. -tth a curv. to ~h,
having a radius oE0~So.0o feet, & central angle of 18o20.o6
andan at, length of 143.99 feet;
. .. thence with a baa '
8°01 30 West, a __ L ring oE North
/ . _ distance of 1255.1;
cencerllne o~ H.W. 22nd Avenue.
89004'32'' ~est, along~ the centerlin· o~ H.#.
Idiatance of 817.85 feat more or la,, Co ~h~ Point o~ Beginning.
containing 591.55 acres more or leas and ,ub~ect co easements
and rights of ~ay of record.
EXHIBIT "B"
MASTER
JULY ll, 1996
KEY PL
4N
MASTER
SITE DEVELOPMENT
LEGEND
0ffic~ 98.62 Acres
O fr~/Commercid 6.57 Acrec
O f fice/Not al/C,~mmerclal 13.65 Acres
OIII;~/Hot~ 11.~7 AC~
O~fice~ 6,03
Offlce/G~ 2.39
Indusb~l/Comm~i~ 26,55
Industr~l~/Offl~ 2~1g A~e8
Industr~l 11~5 A~es
R~O ~.11
Go~rnmen tel~nstl~t Ionel 36,~0 Acr~
WeUands 6.00 Aerel
SQnd Pine Re.eryc 40.~ A~el
Roods 41.13
OPEN $PA~ g~67 A~il
P~ks
L~el
Detenti~ ,
PLAN
Q
QUANTUM ASSOCIATES
National City Center
115 West Washington SI.
Indianapolis. IN 46204
(517) 6:56-1 600
QUANTUM PARK
TOTAL 553.15 Acrel
--~'- ~ ~Ro~
AMENDMENT H0 6 : ~- ,.,....~ ~ AP D
' ~~~=~~,...... DELETION OF COMMERCIAL