O01-54ORDINANCE NO. 01-
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, 99-05 AND 00-02
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 380.06, FLOPdI)A STATUTES, 1996, AND
WHETHER FUP<THER DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS. 84-51, 86-1t, 86-37, 88-3,
94~10, 94~51, 96-33~ 96-65. 97-20, 99-05, AND 00-02)
FOR PUR?OSES OF INCORPORATING THE
APPROVED CHANGES, AND PROVIDING AN
EFFECTiVE DATE.
WHEREAS, Rite¢o Development Corporation, a Florida corporation ("Riteco")
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
granted December 18, 1984 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 mm, subsequently conveyed its right, title and interest in and to the
Property to Quantum Associates, a Florida general partnership (the "Developer"); and
Page 1 of 5
WHEREAS, the City approved previous apphcations to amend the Development
Drder wrier applications ~vere approved by the City in Ordinance No. 86-11, Ordinance
86-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordimmce No. 94-51, Ordinance 96-
33, Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05 and Ordinance No.
00-02;
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
:tocumentary evidence subrrdtted m said public hearing by Quantum Limited Partners
["Quantum"), the City staff and the public, and the City Planning and Development
Board's recommendation of the l0th day of October, 2001; and
WHEREAS, said City Commission has considered all of the forgoing.
NOW I'HEREFORE, 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 28th day of
October, 2001, 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
mblication has been duly filed.
Section 2. The Development Order shall be amended to include the following
~rovisions:
Page 2 of 5
Lots T8,9,10 and 11:
These lots were previously designated as Office/Industrial (OI) Land Use. The Land Use
Designation for Lots 7, 8, 9, 10 and 11 shall be amended to reflect a "Mixed Use (MU)"
Land Use Designation. The Mixed Use Land Use Designation includes office,
commercial and residential uses.
Lots 23, 24, 25.26. 27, 28, 29, 30 and 31:
These lots were previously designated as Office (O) Land Use. The Land Use
Designation for Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall be amended to reflect a
"Mixed Use (MU)" Land Use Designation. The proposed Mixed Use Land Use
Designation includes office, commercial and residential uses.
In conjunction with the changes described above, the maximum number of residential
un/ts allowable within the areas designated for "mixed use" development shall be
'esidential units to a total of 1,000 residential units.
Lot 34-C_:
this lot as "Reserved".
Quantum Lakes Drive:
Reconfigure Quantum Lakes Drive m the area north and east of the Quantum Lakes
intersection with Quantum Boulevard to the eastern intersection of Gateway
Boulevard and Quantum Lakes Drive. This recomSguration will create two new Mixed
Use (MU) designated parcels labeled 100 and 101 totaling 5.21 acres.
Section 3. Master Site Development Plan Amendment No.12 as submitted to the
City, a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces
and supersedes the Maste~ Site Development Plan currently approved in the Development
Order.
Page 3 of 5
Section 4. The Development Order includes Conditions of Approval, a copy
>fwhich is 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 planmng Council, subject to the
conditions outlined above.
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
.,roceedings have been duly conducted pursuant to the provisions of Chapter 380.06,
~lorida Statutes (1996), that Quantum is entitled ro the relief prayed and applied for, and
that the Development Order is hereby amended incorporating the amendments proposed
by Quantum as set forth in Section 2 above.
Section 7. Except as otherwise amended herein, the Development Order shall
emain in full force and effect.
Page 4 of 5
Section 8.
hereby repealed.
Section 9.
All ordinances or parts of ordinances in conflict herewith are
Should any section or provision of this ordinance or portion hereof,
my paragraph, senmnce or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
Section 10.
Section 11.
FIRST READING this ~ day of /~I-c~'[~R.
SECOND READING and FINAL PASSAGE
[qOV,~m~ ,2001.
~TTEST:
,2001.
this ~ day of
Commissioner
)/01 DRAFT, Revs.110601
Page 5 of 5
A Tract of land lying pattie.,, in ~---- ~- EXHIBIT "A"
mom pa~l~ d~ es fo~ ~e~g ~ ~e
c~er of s~ S~on 17; ~en~ No~ 1~'39
of ,.;t =.tho
- t~
wi~ the ~e~ne of N.W. ~nd Avenue, es re~ed in 0.~. ~k 1~,
Page 1~6, of~ Pubic Re~s of Palm 8~ ~un~, ~da;
with a bee~ o~ No~ 89E~" ~, a~g ~e ~n~lne of N W
Ave~e. s ~ o~ ~&37 ~eet to ~e Potnt of ~Jnn~n~ then~ N~
1E~'3~ E~t, a ~n~ of 124T.05 ~t ? ~e ~uth dg~ ~ way line of
~a.~a ~ m me ~m~e ~.~ L~DD E-~.~ ..... : ---
'~==~ ~ a mdl~ of ~:~ ~. a ~ a~la of
,~ ng a ~ ~ 6~.~, a ~ ~ · of3~8'30~, ~ an~
of 3~.~ fe~, ~ No~ ~30 ~ a ~n~ ~ I~9.16 feet
~'~ ~:~ ~e N~ ?=. of ~=n 17, ,di~ of ~.50
~ m~ ~ 0E~11 East, a~ of 2~1~ fee then
~ ofw~ line ~ N.W. ~nd Avenue ~ r~ in 0 ~ Boor 1738,
Page 16~ ~e ~bllc R~ ~ ~ C~ ~lod~
gE53'5~,
413.21
22nd Avenue: the0ce North
distance of
a central angle of
of
~oastfine RajA'odd;
~y t ne of the
a
· of
~E~Of way of the railroad, a ~r
33'53" EaR a distance of 26.69 feet;
distance .of 920.57 feet;, thence No,Ih
187.60 feet; thenc~
200.00 feet: thence North
thence South
West
thence Bouth
~f
of
of 218.00 feet;
a
distance of 558.84 fee:: thence ~(,.h of
381.7.28 feet to a point on the
centerline of the E-4 Canal; ther~ce wi~ North 5E18'14"
We~t' a d~otence aright having a
raotus of 450.00 feat, ·
122:.'62 feel; thence North 10E1
point of curve; the~ce to a
feet. a central an~le of 143.~9 feet;,
thence with a bea~ing of North
feet to a I~int on the centerline of N.W; ~ thence with a
bearing of South
Avenuea rij~tanceOf817.85feet moraor of N.W. 22nd
Containing 591.58 acres mere or less and sub]eot to easements an=
rights of way of record.
591.55 AC GROSS LAND AREA OF QUANTUM PARK
51.70 AC LESS ROADWAY & CANAL
RIGHTS-OF-WAY OF RECORD
539.8~ AC NET LAND AREA OF QUANTUM PARK
Together with the addition of ali land (lots 80, 81 and 82) lying within the
plat of the P.C.D. Center, containing 13.17 aeree, aa recorded in Ptat
BOok 6G, Pages 106 and 10.7 of the Public Records of Palm Beach
County, Florida. for a total nrol~sed net ~and area of 553_02 acres
Jl
! !
Jl 11
EXHIBIT "C"
Revised Conditions of Approval 11/06/01
Project name: Quantam Park NOPC Amendment #12
File number: MPMD 01-003/DKIA 01-001
Reference: 2~a review plans identified as Master Plan with a September 11,2001 Planning and Zoning
De ~artment date stump marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS-General
Comments: NONE X
PUBLIC WORKS-Traffic
Comments:
1. When warranted the developer and the existing occupants of Quantum Park X
will be responsible for the cost of construction of traffic-actuated signals at
the intersections of Quantum Boulevard with Gateway Boulevard and
Congress Avenue. See attached memo from Jeff Livergood, Public Works
Director, dated August 29, 2001/Revised Octobar 4, 2001 located in
Exhibit "G".
LrrlL~l'mS
Comments:
2. As previously stated, the proposed revision to the land use to "MLxed Use X
(MU)" to /nclude Office, Comm~cial and Residential uses could tax the
utility support facilities to their limits. A proviso needs to be incorporated
into each group of lot approvals process, that the design-engineering
consultant shall demonstrate that sufficient utility system(s) capacity is
available to support the proposed use, or they will provide the necessary
upgrade(s) to allow for the proposed use. Failure to do so could result in
insufficient utility support to this park, affecting other current (existing)
users.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
X
Comments: NONE
2 11/6/2001
DEPARTMENTS INCLUDE REYECT
BUILDING DMSION
Comments: NONE X
PARKS AND RECREATION
Comments:
3. The City Commission did exempt from the Recreation Dedication X
Requirement of 272 units of the first 500 units required m NOPC # 10.
Applicability or amount of Recreation Fees or Dedications w/il be
· considered at subsequent site plan stage.
FORESTER/ENVIRONMENTALIST
Comments:
4. The proposed Master Site Development Plan shall be modified to remove X
the Industrial use designation for Lot 34-C. The land area of Lot 34-C, 6.58
acres, shall be deducted from the Industrial designation and included as a
separate line item tiffed "Reserved" in the area tabulation shown on the
master plan. Development shall not occur until: a) the City and applicant
evaluates the need for open space "in the PID master plan" and determines
that the reduction in open space created by this change is consistent with the
City regulations; b) it is demonstrated that the development of this parcel
will not interfere with management of the adjacent preserve area. These
two(2) conditions are reiterated above and contained within a letter dated
October 8, 2001 from the Treasure Coast Regional Plar~mg Council
(TIn, PC).
It is acknowledged that Lot 34-C is not encumbered by any easement,
reservation, dedication or permit requirement by the City, any regulatory
agency or special district includ'mg the Quantum Community Development
District regarcYmg the use of Lot 34-C for drainage purposes, except the
drainage reqtfirements associated with the development of Lot 34-C.
PLANNING AND ZONING
Comments:
5. At the time of site plan approval applicant will work with the City to X
maximize emergency access for lots 59 through 61 and new lots i00
through 102.
6. Applicant has submitted a revised area calculation summary. Please revise X
the Master Plan drawing to reflect the correct acreage calculations proposed
11/6/2001
DEPARTMENTS INCLUDE REJECT
for the Mixed Use and Road Right-of Way categories.
7. Recordation of a restrictive covenant affecting Lots 7 through 11 and Lots X
23 through 31 requiring that any residential development of such lots be
limited to fee simple un/ts, specifically excluding rental apartment
complexes and congregate care hying faciI/ties. For purposes hereof,
"rental apartment complex" shall mean a multi-unit project owned by one
owner for purposes of rental to others, similar/n nature to the Villas At
Quantam Lakes.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
S:kPlanningxSHAP~D\WPkPROJECTS\QuanmmPark2001 Amen #I2kMPMD014)03\cmd. of approva12001 formdac