O94-10ORDINANCE O94-10
AN ORDINANCE BY THE CITY COMMISSION 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 AND 88-3, DO
NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 380.06, FLOR~IDA STATUTES, 1994,
DETERMINING THAT NO FURTHER DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT ORDER
(ORDINANCES NOS. 84-51, 86-11, 86-37 AND 88-
3) FOR PURPOSES OF INCORPORATING THE
APPROVED CHANGES, PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
W~EREAS, 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, title 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, and Ordinance No. 88-3; and
WHEREAS, the term
amendments thereto; and
"Development Order" includes all
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 requesting a further amendment to the
Development Order for the purpose of revising the Master Site
Development Plan to reflect the use of a portion of the Property
previously designated for industrial, research and development
and roadway purposes for a public high school operated by the
Palm Beach County School Board; and
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 Statues (1994); and
WHEREAS, upon publication and furnishing of due notice, a
public hearing on these proceedings was held the 5th day of
April, 1994, before the City Commission of BoYnton Beach; 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 8th
day of March, 1994; and
WHEREAS, said City Commission has considered all of the
foregoing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. A notice of public hearing in the
proceedings was duly published on the 21st day of March, 1994,
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.
Section 2. Developer has requested that the Development
Order be amended as follows:
A. That the Amended Master Site Development Plan
("Amended Master Site Development Plan"), attached hereto as
Exhibit "B" and made a part hereof, which reflects the siting of
a 46.38 acre school site and a reduction of 30.29 acres of
industrial, 12.54 acres of research and development, and 3.55
acres of roadway, as well as the redesignation of Tract 40 as
office/governmental and institutional and Tract 41-A as research
and development/governmental and institutional, and which plan
reflects the location of the public high school site in the
southwest portion of the Quantum Park DRI, replace and supersede
the Master Site Development Plan currently approved in the
Development Order.
B. That Section 4(1) of the Development Order be amended
by adding the following subparagraph (f)"
(f) Quantum Corporate Park Amended Master
Site Development Plan dated March 28, 1994.
C. That references throughout the Development Order be
revised to conform to the Amended Master Site Development Plan.
~ Section 3.
in .Section 380.06,
determined that:
Upon consideration of all matters described
FlOrida Statutes (1994), it is hereby
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 Developer 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
2
a substantial deviation under Chapter 380.06, Florida Statutes
(1994).
E. The amendments proposed by Developer do not require
further development of regional impact review.
F. The use of that portion of the Property described in
the Amended Master Site Development Plan as a public high school
site is permitted educational/institutional use allowed under
the current Planned Industrial District zoning classification of
the Property.
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
(1994), that Developer is entitled to the relief prayed and
applied for, and that the Development Order is hereby amended
incorporating the amendments proposed by Developer as set forth
in Section 2. above, subject to the following special conditions
with which the Developer agrees to comply:
(1) Satisfaction of the conditions set forth in the
Development Order.
(2) Compliance with Utilities Department Memorandum Nos.
94-055 and 94-068, Public Works Department No. 94-059
(Comment No.2), Recreation and Parks Department Memorandum
No. 94-074, and Planning and Zoning Department Memorandum
No. 94-057 (attached hereto as composite Exhibit "C" and
made a part hereof).
(3) Implementation of the emergency access management
plan, dated February 28, 1994, presented by the School
Board to the City at the City Commission meeting on April
5, 1994 (attached hereto as Exhibit "D" and made a part
hereof).
(4) Installation of a traffic signal at the intersection
of Gateway Boulevard and Park Ridge Boulevard,
approximately 500 feet east of the L.W.D.D. E-4 Canal.
Said traffic signal shall be operational by the opening
date of the proposed school within Quantum Park and the
cost of which shall be shared equally by the Developer,
the Palm Beach County School Board and the City of
Boynton Beach.
Section 5. Within one (1) year from the effective date
of this ordinance, the Developer shall submit an application to
further amend the Development Order for the purpose of including
within the Quantum Park DRI Lots 80, 81 and 82 consisting of
approximately fourteen (14) acres and situated in the southeast
quadrant of the intersection of Gateway Boulevard and Park Ridge
Boulevard and for the further purpose of addressing additional
land use and acreage changes.
As part of the next DRI amendment, the Developer agrees to
perform a transportation analysis of the intersection of Gateway
Boulevard and High Ridge Road. Said analysis shall be based
upon the most recently proposed land uses within the DRI and
shall be acceptable to the City, the Treasure Coast Regional
Planning Council and the Department of Community Affairs. If
the transportation analysis projects a deficient level of
service at said intersection, the Developer shall perform such
mitigation as necessary to bring the intersection operation up
to an acceptable level of service. Such mitigation may include
intersection improvements or preferably, additional roadway
access to Gateway Boulevard for the lots in the southeast
portion of the project.
3
Section 6. Except as otherwise amended herein, the
Development Order shall remain in full force and effect.
Section 7. A copy of this Ordinance shall be
transmitted by first class U.S. Mail, certified return receipt
requested, to the Bureau of Land and Water Management, the
Department of Community Affairs, Quantum Associates (the
owner/developer) and the Treasure Coast Regional Planning
Council.
Section 8. This Ordinance and the terms herein set
forth shall not be effective until the recording of a deed in
the Palm Beach County Public Records transferring title to the
proposed high school site, as set forth in the Amended Master
Site Development Plan, from the Developer to the Palm Beach
County School Board. Upon the recording of such deed, this
Ordinance and the amendments to the Development Order described
herein shall automatically take effect and be operative without
further action by the City or any other party. In the event a
deed conveying the school site from Developer to the Palm Beach
County School Board is not recorded within six (6) months from
the date of final adoption of this Ordinance, this Ordinance
shall automatically expire and be thereafter null and void for
all purposes.
Section 9. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 10. 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 11. This ordinance
pursuant to Section 8 above.
shall become effective
FIRST READING this
SECOND,
April, 1994.
~ day of April, 1994.
FINAL READING AND PASSAGE this /~
day of
CITY' OF BORON BEACH, FLORIDA
ayor'/~
;Fic~/~Iayor //~
Commission~z~--~ ~
ATTE ST:
Ci~ Clerk
(Corporate Seal)
Dev.Ord
3/28/94,Rev. 4/15/94
Commissioner
4
EXHIBIT "A"
OVERALL BOUNDARY
LEGAL DESCRIPTION
A Tract of land lying partially in Sections 16, 17, 20 and 21,
Township 45 South, Range 43 East, Palm Beach CounEy, Florida,
said Tract being more particularly described as follows:
Commencing at the Southwest corner of said Section 17; thence
North lO44.39'' East, along the West line of Section 17, a
distance of 1318.10 feet to a point in the intersection with the
centerline of N.W. 22nd Avenue, as recorded in O.R. Book 1738,
Page 1686, of the Public Records of Palm Beach County, Florida;
thence with a bearing of .North 89o04,32,, East, along the
centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the
Point of Beginning; thence North lO44,39'' East, a distance of
1247.06 feet to the South right of way line of L.W.D.D. Lateral
21; thence North 89o08,49,, 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, Florida, a
distance of 635.93 feet to the centerline of the L.W.D.D.
Equalizing Canal E-4, as recorded in O.R. Book 1732, Page 612,
of the Public Records of Palm Beach County, Florida; thence
along the centerline of the above described E-4 Canal with a
curve to the right having a chord bearing of North 10o32,52,,
East, a radius of 750.00 feet, a central angle of 4o04'17'' and
an arc length of 53.29 feet; thence continue along' the
centerline of the E-4 Canal, with a bearing of North 12035'00''
East, a distance of 320.69 feet to a point of curve; thence with
a curve to the left having a radius of 6500.00, a central angle
of 3o28'30'', and an arc length of 394.23 feet; thence North
9006'30'' East, a distance of 1979.16 feet to a point on the
North Line of Section 17; thence with a bearing of North
89°16'39'' East, along the North line of Section 17, a distance
of 1964.50 feet; thence South 0o02'11'' East, a distance of
2625.18 feet; thence North 89o08'49,, East, a distance of 368.96
feet to a point on the North right of way line of N.W. 22nd
Avenue as recorded in O.R. Book 1738, Page 1686 of the Public
Records of Palm Beach County, Florida; thence South 19o27'31,,
East, a distance of 50.00 feet to the centerline of N.W. 22nd
Avenue; thence with a curve to the right having a chord bearing
of North 75o29'49,, East, a radius of 1637.02 feet, a central
angle of 9053'58'' and an arc length of 282.85 feet to a point;
thence north 12o0~'41,, East, a distance of 915.72 feet; thence
North 0o31'11- East, a distance of 399.70 feet; thence North
89012'37'' East, a distance of 413.21 feet;then South 88022'56''
East, a distance of 1349.70 feet to a point on the West right of
way line of the Seaboard coastline Railroad; thence South
0°28'21" East, along the West right of way line of the Railroad,
a distance of 1309.09 feet to a point on the centerline of N.W.
2nd Avenue; thence North 88o27,31'' West, along the centerline
Df N.W. 22nd Avenue a distance of 672.97 feet; thence South
~°33'53" East, a distance of 1306.69 feet; thence South
B8°45'31'' East, a distance of 333.51 feet to a point on the West
Fight of way of the Seaboard Coastline Railroad; thence with a
oearing of South 14008.23'' West, along the West right of way of
the railroad, a distance of 1312.%9 feet; thence South 0o33.53,,
asr, a distance of 26.69 feet; thence South 13015'22'' West, a
~istance of 920.57 feet; thence North 88050.04'' West, a distance
)f 187.60 feet; thence with a bearing North 0o49,21'' West, a
listance of 200.00 feet; thence North 88o50.04'' West, a distance
)f 218.00 feet; thence South 0o49'21'' East, a distance of 200.00
feet; thence North 88050'04'' West, a distance of 40.00 feet;
5hence South 0o49,21" East, a distance of 556.84 feet; thence
gorth 88050'04'' West, a distance of 3617.26 feet to a point on
5he centerline of 'the above described centerline of the E-4
2anal; thence with a bearing of North 5o18,14'' West, a distance
)f 153.13 feet, thence with a curve to the right having a radius
Df 450.00 feet, a central angle of 15036,44'', and an arc length
LEGAL DESCRIPTION (Continued)
of 122.62 feet; thence North 10018,30'' East, a distance of
988.60 feet to a point of curve; thence with a curve to the left
having a radius of 450.00 feet, a central angle of 18020,00''
and an arc length of 143.99 feet; thence-with a bearing of North
8°01'30'' West, a distance of 1255.14 feet to a point on the
centeriine of N.W. 22nd Avenue; thence with a bearing of South
89004'32'' West, along the centerline of N.W. 22nd Avenue a
distance of 817.85 feet more or less to the Point of Beginning.
Containing 591.55 acres more or less and subject to easements
and rights of way of record.
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EXHIBIT "C"
MEMORANDUM
Utilities #94-055
TO:
FROM:
DATE:
Tambri J. Heyden,
Acting Planning & Z~i~g ~~tor
John A. Guidry,
Director of Utilities\~
February 23, 1994
SUBJECT: Quantum Park P.I.D., Master Plan Modification
Staff has reviewed the abov~ referenced project and offer the
following comments:
Utility Department will require 24 hour a day access
and control of existing water and sanitary sewer mains,
Sec. 26.33(a).
Existing sanitary sewer not utilized in construction
will need to be properly abandoned under Utility
Department inspection.
Twin reduced pressure zone backflow preventors are
recommended on the domestic water supplies and backflow
preventors, in accordance with our current ordinance,
and will be required on the new fire lines, Sec.
26.107.
City water will not be supplied for irrigation, City
Comp. Plan, Policy 3C.3.4.
It is our recommendation that the plan proceed through the review
process.
If you have any questions regarding this subject, please contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
/gb
XC:
Clyde "Skip" Milor/
Peter Mazzella ~/
File
E i~{IBIT "C"
MEMORANDUM
Utilities #94-068
TO:
FROM:
DATE:
Tambri J. Heyden, ~--
Acting Planning & Zon
John A. Guidry,
Director of Utilities
March 4, 1994
SUBJECT: Quantum Park P.I.D., Master Plan Modification
Staff has reviewed the above referenced project and offer the
following comments:
Clarification for Utility Memo #94-055, Item #1.
The following are suggested as options for securing 24-hour
accessibility to utilities in the abandoned roadway:
1. Mountable curb to access road.
Electronically controlled arm with access code
available to central dispatch.
It is our recommendation that the plan proceed through the review
process.
If you have any questions regarding this subject, please contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
/gb
xc:
Clyde "Skip" Milor
Peter Mazzella
File
EXHIBIT "C"
PUBLIC WORKS DEPARTMENT
Memorandum No. 9~-0~9
TO:
VIA:
FROM:
DATE:
SUBJECT:
Tambri Heyden, Senior Planner
Robert Eichorst, Director Q~
Bill DeBeck, Project Manager
February 25, 1994
Technical Review Committee Meeting
Tuesday, February ~ 1994
Our comments on the two projects reviewed are as follows:
1)
WHIPOWILL ARMS - The site plan does not allow any space for a
garbage truck to turn around and the alternate idea of backing
into the main highway is unacceptable.
2)
The new hiqh schoql_ site needs to have an adequate 4~ft.
radius area for turn around for a garbage truck at the service
area. We also want them to consider planning for recycling of
any materials possible and access to those containers by the
City of SWA vehicles.
BDB/pl
~[1~ DeBeck
EXHIBIT "C"
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-057
TO:
FROM:
Chairman and Members
Planning and. Development Board
Tambri Jf Hes~den
Acting Planning and Zoning Director
DATE:
March 3, 1994
SUBJECT:
Quantum Park of Commerce - File No. 813
Master Plan Amendment #4 (high school)
Please be advised of the following planning and zoning related
comments with respect to the above-referenced request. Unless
otherwise stated, it is recommended that these comments be
satisfied within 90 days of City Commission approval of the
amended development order:
Application fee shall be paid prior to seuond reading of the
ordinance to amend the development order. Applicant will be
notified of the amount of the fee which will be determined
after receipt of the bill for advertising the required
public hearings.
A cross-section of the required peripheral greenbelt (40
feet in width along the south property line where the PID
abuts residential zoning and 25 feet in width along the west
property line where the ?ID abuts nonresidential zoning)
shall be prepared and submitted to the City for comment or
shall be submitted to Quantum Associates for inclusion in
Quantum's near future master plan modification application
for approval of all greenbelts within the PID.
For courtesy comments, it is recommended that the School
Board provide the City a copy of the high school site plan
prior to it being finalized. Subsequent to this, a final
copy, for record keeping purposes, would also be appreciated
to include the lOcation, type and quantity of all hazardous
materials used and stored.
If a portion of Park Ridge Boulevard is closed and no longer
used for private road purposes, a separate instrument shall
be recorded to delete the plat dedication of that portion of
Park Ridge Boulevard. A recorded copy of the legal
instrument shall be provided to the City.
The amended master site development plan, dated February 15,
1994 shall be revised and submitted to the City to include a
graphic scale, reconfiguration of parcels that has occurred
for the Motor Vehicle Inspection Station and the Tri-Rail
expansion and adjustment of all parcel acreages (and land
use totals) to correspond with the tax maps prepared by the
Palm Beach County Property AppraiSer's office.
tin
xc: Applicant
Central File
A:QPkMPMCm
EXHIBIT "C"
RECREATION & PARK MEMORANDUM %94-074
TO:
FROM:
RE:
DATE:
Tambri Heyden, Acting Planning & Zoning Director
Kevin J. Hallahan, Forester/Environmentalis~/~
Palm Beach County High School Site ~/
Quantum Park PID
February 24, 1994
Please have a cross section of the perimeter landscape plan
prepared to ensure:
2.
3.
4.
aesthetic buffering
light buffering
sound buffering
DRI requirement fulfillment
KH:ad
?tANNING AND
ZONING OEP[