O97-20ORDINANCE NO. 097-20
AN ORDINANCE 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, 88-3, 94-10, 94-51, 96-33 AND 96-65 DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 380.06, FLORIDA STATUTES, 1996,
DETERMINING THAT NO 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 AND 96-65) 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
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 dght, title and interest in and to
the Property to Quantum Associates, a Florida general partnership (the "Developer");
and
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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, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-
51, Ordinance No. 96-33, and Ordinance No. 96-65; and
WHEREAS, the term "Development Order" includes all amendments thereto; and
WHEREAS, Developer is the current owner and developer of the remaining
vacant land within the Property (commonly known as the Quantum Corporate Park at
Boynton Beach Development of Regional Impact, or 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 ("NOPC") requesting
a further amendment to the Development Order for the purpose of revising the Master
Site Development Plan as follows: Change in the master plan designation of lots 6, 7, 8,
9, 10, 11, 2, 15, 16, 17, 18, 19, 21, 39, 40A, 52, 83, 84, and 85 from office to
office/industrial use; change in the master plan designation of lot 1 from office/hotel use
to office/industrial/commercial use; change in the master plan designation of lots 12, 13
and 14 from office/research and development to office/industrial use; change in the
master plan designation of lots 76, 81 and 82 from industrial/commercial to
office/industrial/commercial use; change in the master plan designation of lot 40 from
office/government and institutional to government and institutional use; change in the
master plan designation of lots 58, 59, 60, 61 and 62 from industrial/research and
development to office/industrial use; change in the master plan designation of lots 86,
87, 88, 89A, 89B and 90B from research and development to office/industrial use;
change in the master plan designation of lots 65A, 65B, 67B and 91 from
office/hotel/commercial to office/industrial/commercial use; change in the master plan
designation of lots 63 and 64 from office/commercial to office/industrial/commercial use;
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change in the master plan designation of lot 90A from research and development to
government and institutional use; change in the master plan designation of lots 68A and
68B from research and development to office/industrial use; change in the master plan
designation of lots 46A, 48A, 48B, 48C, 50A, 50B, 51B, 51D, 56, 57, 69, 70, 72, 73A,
73B, 74, and 75 from industrial to office/industrial use; change in the master plan
designation of lots 77, 78, 79 and 80 from industrial/commercial to commercial use; and
change in the master plan designation of lots 66, 67A and 67C from office/hotel use to
office/hotel/industrial use; (see Exhibit "B" - Master Plan Amendment No. 8 to the Master
Site Development Plan for Quantum Park, dated May 20, 1997); and
WHEREAS, the City Commission 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, 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 13th day of May, 1997; 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 5th day of May,
1997, 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 publication has
been duly filed.
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Section 2. The Development Order shall be amended to include the following
provisions:
1. Master Plan Amendment No. 8 to the Master Site Development Plan
for Quantum Park, dated May 20, 1997, is hereby approved subject to
the following conditions:
a) A traffic study shall be submitted with any future application requesting
a change in the use designation of any lot. The City shall hire, at the
applicant's expense, an independent traffic consultant to review the
traffic study.
b) Any upgrades required to the water and sewer systems within the PID
due to the intensification of land use proposed with this application
must be performed, at the applicant's expense.
Section 3. Upon consideration of all matters described in Section 380.06, Florida
Statutes (1996), it is hereby determined that:
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,
subject to the conditions outlined above.
C. The amendments proposed by Developer 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 Developer do not create any
additional regional impacts and therefore do not constitute a
substantial deviation under Chapter 380.06, Florida Statutes (1996).
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 (1996), 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.
Section 5. Except as otherwise amended herein, the Development Order shall
remain in full force and effect.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. 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 8. Authority is hereby granted to codify said ordinance.
Section 9. This ordinance shall become effective immediately upon passage.
FIRST READING this ,~,o day of /~¢ 1997.
'L'
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SECOND
ATTEST:
READING
,1997.
and
FINAL
PASSAGE this ,.~ day of
CITY OF BOYNTON BEACH, FLORIDA
COMMISSIONER
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EXHIBITS: "A" - Legal Description
"B"- Amended Master Site Development Plan
S:~°lanning\S HARED\WP\PROJECTS\QUANTUM\ORDINANC\DRI 1997doc.doc
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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 County, Florida, said Tract being more particularly described as
follows: Commencing at the Southwest corner 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 LW.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 centedine 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 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 right
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 North 0E31'11" 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 right 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.
S:\PROJECTS\QUANTUM\OVERALL BOUNDARY LEGAL DESC.
· . EY~IILBiT B.
REVISED MASTER pkAN
AMENDMENT 140. ~
MAY 20, lgg7 -'
MASTER
SITE DEVELOPMENT
PLAN
KEY PLAN
LEGEND
QQUANTUId ASSOCIATES
National City Center
115 Wes! Washington Si.
Indianapolis, IN 46204
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