12-001I ORDINANCE NO. 12-
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, AMENDING ORDINANCE NO. 84 -51, AS
4 SUBSEQUENTLY AMENDED, OF THE CITY OF
5 BOYNTON BEACH BY ADOPTING AN AMENDMENT
6 TO THE QUANTUM PARK DEVELOPMENT OF
7 REGIONAL IMPACT, KNOWN AS THE QUANTUM
8 PARK DRI DEVELOPMENT ORDER, BY MODIFYING
9 THE MASTER PLAN TO CONVERT THE LAND USE
10 OPTIONS ON LOT 75 FROM OFFICE AND
11 INDUSTRIAL (Ol) TO OFFICE, INDUSTRIAL AND
12 COMMERCIAL (OIC); PROVIDING FOR A SAVINGS
13 CLAUSE, REPEALING PROVISION, AND PROVIDING
14 AN EFFECTIVE DATE.
15
16
17 WHEREAS, Quantum Park of Commerce ( "Quantum Park PID ") is a partially built-
18 out Development of Regional Impact ( "DRI ") comprised of 553.13 acres, zoned Planned
19 Industrial Development ( "PID "), and located on the west side of Interstate 95, from Miner
20 Road extended south to the Boynton C -16 Canal; and
21 WHEREAS, Quantum Limited Partners is requesting an amendment to the Quantum
22 Park DRI Development Order, adopted by the City Commission of the City of Boynton Beach
23 December 4, 1984 under Ordinance No. 84 -51, and subsequently amended by Ordinance Nos.
24 86 -11, 86 -37, 88 -3, 94 -10, 94 -51, 96 -33, 96 -65, 97 -20, 99 -05, 00 -02, 01 -54, 02 -54, 04 -77,
25 05 -13, and 06 -075 ( "Development Order "); and
26 WHEREAS, the proposed Amendment, referred to as Amendment #17 proposed
27 amending the Master Plan for Quantum Park to convert the land use options on Lot 75 from
28 Office and Industrial (Ol) to Office, Industrial and Commercial (OIC) on the real property
29 located in Palm Beach County, Florida, as more particularly described in the attached Exhibit
30 "A "; and
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1 WHEREAS, Quantum Limited Partners 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 Economic Opportunity ( "DEO "), 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
10 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the
11 Department of Economic Opportunity and the TCRPC; and
12 WHEREAS, this City Commission has reviewed this matter on December 6, 2011,
13 February 7, 2012 and February 21, 2012, held a duly noticed public hearing on the
14 Application, and has 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 Quantum Limited Partners application for
22 an amendment to the Quantum Park DRI Development Order;
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I NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
3 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
4 herein by this reference.
5 Section 2. That the City Commission of the City of Boynton Beach, Florida makes
6 the following findings of fact regarding the Notice of Proposed Change submitted by
7 Quantum Limited Partners, the "Master Developer" related to the an amendment to the
8 Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84-
9 51 and subsequently amended by Ordinance Nos. 86 -11, 86 -37, 88 -3, 94 -10, 94 -51, 96 -33,
10 96 -65, 97 -20, 99 -05, 00 -02, 01 -54, 02 -54, 04 -77, 05 -013, and 06 -075; and
11 FINDINGS OF FACT
12 A. The proposed development is not in an area of critical state concern
13 designated pursuant to the provisions of Section 380.05, Florida Statutes;
14 B. A State Comprehensive Planning Document has been recognized by the
15 legislature as an advisory policy document for the entire State of Florida, and the
16 proposed development does not unreasonably interfere with the achievement of
17 the objective of this advisory policy document;
18 C. The proposed amendment to the Development of Regional Impact (DRI)
19 Development Order will be consistent with the adopted comprehensive plan for
20 the City of Boynton Beach and is, or will be, consistent with the local land
21 development regulations, subject to conditions outlined herein, and Part III, Land
22 Development Regulations, of the City of the Boynton Beach Code of Ordinances;
23 and
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I D. The proposed development will be consistent with the proposed
2 amendment submitted to and reviewed by the Treasure Coast Regional Planning
3 Council pursuant to Section 380.06(8), Florida Statutes.
4 CONCLUSIONS OF LAW
5 It is hereby determined by the City Commission of the City of Boynton Beach, Florida,
6 in a public meeting, duly constituted and assembled this 21st day of February, 2012, that the
7 Notice of Proposed Change to the Quantum Park Development of Regional Impact submitted
8 by the Master Developer is hereby ordered Approved, subject to the provisions of this
9 ` Ordinance and the Conditions of Approval attached hereto as Exhibit `B ", and incorporated
10 herein by reference.
11 1. That this amended DRI Development Order shall constitute the Development Order of
12 this Commission issued in response to the Notice of Proposed Change for the
13 Quantum Park DRI filed by the Master Developer.
14 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended
15 DRI Development Order.
16 3. That the Development Order shall be amended to modify the Master Plan of the
17 Quantum Park DRI Development Order, as follows:
18 a. The Master Plan designation of Lot 75 as Office and Industrial (OI)
19 shall be changed to Office, Industrial and Commercial (OIC);
20
21
22 4. That this amended DRI Development Order shall be binding upon the Master
23 Developer and its assignees or successors in interest. It is understood that any
24 reference herein to any governmental agency shall be construed to mean any future
25 instrumentality which may be created and designated as successor in interest to, or
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1 which otherwise possesses any of the powers and duties of any referenced
2 governmental agency in existence on the effective date of this amended DRI
3 Development Order.
4 5. That in any event that any portion of section of this amended DRI Development Order
5 is determined to be invalid, illegal or unconstitutional by a court of competent
6 jurisdiction, such decision shall in no manner affect the remaining portions or sections
7 of this amended DRI Development Order, which shall remain in full force and effect.
8 6. That the approval granted by this amended DRI Development Order is conditional.
9 Such approval shall not be construed to obviate the duty of the Master Developer to
10 comply with all other applicable local or state permitting procedures.
11 7. The amendments proposed by the Master Developer do not create any additional
12 impacts and therefore do not constitute a substantial deviation under Chapter 380.06,
13 Florida Statutes.
14 8. Actual development phasing will depend upon economic circumstances and Master
15 Developer's internal business growth. Any proposed development described in the
16 Notice of Proposed Change are for planning purposes only and the actual
17 development schedule may vary therefrom.
18 9. The amended DRI Development Order set forth in Section 1 hereof shall become
19 effective upon adoption of the ordinance, provided such date shall be extended until
20 completion of appellate procedures, if any, relating to the issuance of this amended
21 DRI Development Order.
22
10. Copies of
this Ordinance incorporating the
amended DRI
Development Order
23
amending
the land use designation of the
subject property
to Development of
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1 Regional Impact shall be transmitted immediately by certified mail to the Division of
2 Community Planning within the Department of Economic Opportunity, the Treasure
3 Coast Regional Planning Council, and the Master Developer.
4 11. Except as otherwise amended herein, the Development Order shall remain in full
5 force and effect.
6 Section 3. Except as provided herein, the Master Developer shall proceed in strict
7 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its
8 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and
9 regulations of the State of Florida Department of Environmental Protection.
10 Section 4. That should any section or provision of this Ordinance, or any portion
11 thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not
12 affect the remainder of this Ordinance.
13 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
14 repealed.
15 Section 6. This ordinance shall become effective immediately upon its passage.
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lYl � uac l� uve.
" 7
Vi em William Orlove
i�is��U ;lQ, — W
Commissioner — Marleee Ross
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