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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