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O00-02ORDINANCE NO, O - 00 - 024 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION WHETHER 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, 94-51, 96-33, 96-65, 97-20 AND 99-05 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1996, AND WHETHER 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, 94-51, 96-33, 96-65, 97-20 AND 99-05) 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 of hereof; and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development Orded');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, the City approved previous applications to amend the Development Order which applications were approved by the City in Ordinance No. 86-11, Ordinance ~ This Ordinance has been conformed to reflect clerical corrections and restated reference to Exhibits at the request of the State of Florida Department of Community Affairs. Page I of 6 86-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96- 33, Ordinance No., 96-65, Ordinance No. 97-20, and Ordinance No. 99-05; The proposed change is requested without an increase in the total vested trip generation of 65,752 trips: No change to the DRI is proposed other than as set forth herein. 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 Statutes (1996); and WHEREAS, the City Commission has considered the testimony, reports and other documentary evidence submitted as said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendation of the 22nd day of February, 2000; and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendations of the 22nd of February, 2000; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 26th day of February, 2000, in the Palm Beach Post, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said has been duly filed. Section 2. The Development Order shall be amended to include the following provisions: Page 2 of 6 Lots 3 and 6: The Lot 3 and Lot 6 Land Use Designations have been changed to Industrial (IND) from Office/Industrial (OI). The change is made to be consistent with the approved Site Plans for warehouse, storage and distribution developments. Lots 39 and 40: The land Use Designation for the lots has been changed to Governmental and Institutional (G&I) from Office/Industrial (OI). The Palm Beach County School District has purchased these lots for parking and school related purposes. Lot 50B: The Land Use Designation has been changed from Office/Industrial (IND.) to Industrial_. Lots 59, 60, 61, 62: These lots were previously designated as Office/Industrial (OI) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. Lots 63, 64, 65A, 65B, 66, 67A, 67B and 67C: These lots were previously designated as Office/Industrial/Commercial (OIC) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. Lots 76, 81 and 82: These Lots are currently designated as Office/Industrial (OI). The previous Office/Industrial/Commercial (OIC) Land Use Designation was amended by Notice of Proposed Change No. 9 and the revised Master Plan submitted in support of that change. It is proposed to change the designation to Office/Industrial/Commercial (OIC). Page 3 of 6 Lots 83, 84, 85, 86, 87 and 88: The Land Use of these lots was previously designated as Office/Industrial (OI) or Attraction and Recreation (AR) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. Section 3. Master Site Development Plan Amendment No.10 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. Section 4. The Development Order shall also be amended to include the Conditions of Approval #1, 5, 7, 8, 11, and 18, attached and incorporated herein as Exhibit "C". Section 5. Upon consideration of all matters described in Section 380.06, Florida Statutes (1996), it is hereby determined that: A. The amendments proposed by Quantum 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 Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. C. The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. Page 4 of 6 D. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). Section 6. 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 Quantum 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. Section 7. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. 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 10. Authority is hereby granted to codify said ordinance. Section 11. This Conformed Ordinance replaces the existing Ordinance No. 0- 00-02 to correct certain scrivener's errors so as to conform the Ordinance to the matter as passed upon by the City Commission. Section 12. This ordinance shall become effective immediately upon passage. FIRST READING this ,~'? day of ,~-~,~,~_.z~ ,2000. Page 5 of 6 SECOND READING /"//'~'¢'~:/" ,2000. ATTEST: City Clerk Clean and FINAL PASSAGE this ?' day of CITY O~F BOYNEO/~ BE~CH, FLORIDA Mayor Pro Tem C~ission~ Page 6 of 6 · LOCATION MAP QUANTUM PARK ~MOTr'I I::IrlLA OF: C 0 PvqlM1E LIANTLI M pAFIK) '0 1/8 'i'1 III '0 400. '80C ,',.tILES FEET ~U EXHIBIT "C" Conditions of Approval Project name: QUANTUM PARK DRI File number: MPMD 00-001 Reference: REVISED 1st Review, New Site Plan. File with, January 11, 2000 Planning and Zoning Department date stamp marking. PUBLIC WORKS Comments: NONE X UTILITIES 1. The master plan indicates a significant change in usage from office/ X commercial/industrial to mixed use in several locations. Adding a residential component will require a re-review of the water and sanitary sewer demands to be placed on our systems. Please have the applicant provide estimated demands for all of the proposed changes. FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: 2. Submit a letter describing the proposed changes. X 3. To verify compliance with the maximum intensities that are described within X note number two, submit square footage computations of the gross floor area of the existing sites that have development order approval. Identify the lot number and total floor area square footage of all sites with development order approval. Total the floor area and categorize them in the land uses that are identified in note two. ENGINEERING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING I I Page 2 Quantum Park DRI File No.: MPMD 00-001 I DEPARTMENTS INCLUDE I REJECT Comments: 4. The Notice of Proposed Change (NOPC) document which accompanies this X Master Plan revision does not account for Quantum Lots 83-88 in the narrative provided for Question #5. Add these lots to the hst as 5.11 changing the use from "OI or AR" to"MU" as shown on the Master Site Plan and provided in the acreage table on page 4 of the NOPC report. Also, for your records, the 8th Amendment was adopted by the city on June 3, 1997 by Ordinance No. 097-20. The NOPC document, page 5 shows the date of adoption as March 17, 1997. 5. Revise Item #2 under the Notes section on the Master Site Plan sheet to X reflect the uses and intensities as proposed by Amendment #10. 6. Under the conditions of Amendment #8 to the Quantum Park D.O. and X Chapter 3, Article IV of the Land Development Regulations a traffic analysis is required for this Master Plan approval. In addition a traffic analysis is required to assist in determining if the proposed changes will generate additional regional impacts pursuant to Chapter 380.06 (18) Substantial Deviations. A traffic statement was provided but is insufficient to provide the analysis required. Provide a traffic analysis for Amendment # 10 which at a minimum includes: - An AM and PM peak analysis for uses proposed in Amendment #10, particularly the 500 residential units, - Trip distribution and assignment for the proposed use changes, - Comparative trip generation table providing data for the uses originally approved, those recently approved (Amendment #9) and those uses proposed for Amendment # 10. This traffic analysis will be reviewed by an independent traffic consultant as required by Quantum D.O. Amendment #8. 7. Quantum Park DRI development is delinquent in providing the required X annual report for the year 1998. In addition, the 1999 annual report is due February 15, 2000. Annual reports must be provided in order to maintain the existence of the DO and the vested rights associated with it. As a condition of approval of this Master Plan Amendment #10 the 1998-99 Annual report may be combined and submitted to the City's Planning and Zoning Department no later than May 1, 2000. 8. Industrial tracts #47-A and #47-B are not labeled on the Master Site Plan. X Label these tracts. 9. Approval of the Master Plan is contingent upon a finding of no substantial X deviation by the City. The applicant must provide additional information before a determination of no substantial deviation is made. The additional information includes: - Traffic analysis data requested by the City and McMahon and Associates which analysis is found by McMahon and Associates not to create additional regional impacts. ^ Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows: Commencing at the Southwest comer of said Section 17; thence North 1E44'39" 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 89E04'32" East, along the centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the Point of Beginning; thence North 1E44'39" East, a distance of 1247.06 feet to the South right of way line of L.W.D.D. Lateral 21; thence North 89E08'49" 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 centeriine 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 centeriine of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750.00 feet, a central angle of 4E04'17", and an arc length of 53.29 feet; thence continue along the centerline of the E-4 canal, with a bearing of North 12E35'00" 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 3E28'30", and an arc length of 394.23 feet; thence North 9E06'30" East, a distance of 1979.16 feet to a point on the North Line of Section 17; thence with a bearing of North 89E16'39" East, along the North line of Section 17, a distance of 1964.50 feet; thence South 0E02'11" East, a distance of 2625.18 feet; thence North 89E08'49" 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 19E27'31" East, a distance of 50.00 feet to the centerline of N.W. 22nd Avenue; thence with a curve to the fight having a chord bearing of North 75E29'49" East, a radius of 1637.02 feet, a central angle of 9E53'58", and an arc length of 282.85 feet to a point; thence north 12E02'41" East, a distance of 915.72 feet; thence North0E31'11" East, a distance of 399.70 feet; thence North 89E12'37" East, a distance of 413.21 feet; thence South 88E22'56" East, a distance of 1349.70 feet to a point on the West right of way line of the Seaboard Coastline Railroad; thence South 0E28'21" 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. 22nd Avenue; thence North 88E27'31" West, along the centerline of N.W. 22nd Avenue a distance of 672.97 feet; thence South 0E33'53" East, a distance of 1306.69 feet; thence South 88E45'31" East, a distance of 333.51 feet to a point on the West right of way of the Seaboard Coastline Railroad; thence with a bearing of South 14E08'23" West, along the West fight of way of the railroad, a distance of 1312.49 feet; thence South 0E33'53" East, a distance of 26.69 feet; thence South 13E15'22" West, a distance of 920.57 feet; thence North 88E50'04" West, a distance of 187.60 feet; thence with a bearing North 0E49'21" West, a distance of 200.00 feet; thence North 88E50'04" West, a distance of 218.00 feet; thence South 0E49'21" East, a distance of 200.00 feet; thence North 88E50'04" West, a distance of 40.00 feet; thence South 0E49'21" East, a distance of 556.84 feet; thence North 88E50'04" West, a distance of 3617.26 feet to a point on the centerline of the above described centerline of the E-4 Canal; thence with a bearing of North 5E18'14" West, a distance of 153.13 feet, thence with a curve to the right having a radius of 450.00 feet, a central angle of 15E36'44", ~and an arc length of 122.62 feet; thence North 10E18'30" 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 18E20'00", and an arc length of 143.99 feet; thence with a bearing of North 8E01'30" West, a distance of 1255.14 feet to a point on the centerline of N.W. 22nd Avenue; thence with a bearing of South 89E04'32" 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. 591.55 AC 51.70 AC 539.85 AC GROSS LAND AREA OF QUANTUM PARK LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD' NET LAND AREA OF QUANTUM PARK Together with the addition of all land (lots 80, 81 and 82) lying within the plat of the P.C.D. Center, containing 13.17 acres, as recorded in Plat Book 60, Pages 106 and 107, of the Public Records of Palm Beach County, Florida, for a total proposed net land area of 553.02 acres. Page 3 Quantum Park DRI File No.: MPMD 00-001 DEPARTMENTS INCLUDE REJECT - The Substantial Deviation Determination Chart showing that the increases and decreases in the Quantum Park DRI meet the threshold requirements of Florida Statutes Chapter 380.06(19)(e) 5. c. 10. Approval of the Master Plan is contingent upon the applicant filing for and X receiving approval for a text amendment to the Comprehensive Plan to permit residential use in the Industrial land use category. 11. Approval of the Master Plan is contingent upon the approval of the X apphcant's code revision request to permit residential development for large scale projects in a PID zoning district. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS I I 12. Delete comment #2. X 13. Delete comment #3. X 14. Delete comment #4. X 15. Delete comment #6. X 16. Delete comment # 9. X 17. Delete comment gl0. X 18. The Quantum Park PID master plan shall be limited to a maximum of 500 X dwelling units. ADDITIONAL CITY COMMISSION COMMENTS 19. Change comment #5 to be included, not rejected. X J:~SHRDATA~PLANNING\SHARED\WP~PROJECTS\QUANTUM 2000~DRI IvI~MD 00-00 i\CONDITIONS OF APPROVAL CC 3-7-00.DOC