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Minutes 10-23-84MINUTES OF SPECIAL MEETING OF PLANNING AND ZONING BOARD TO CONSIDER APPLICATIONS FOR REZONING AND LAND USE AMENDMENT OF BOYNTON BEACH PARK OF COMMERCE, HELD IN COUNCIL CHAMBERS, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 23, 1984 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Norman Gregory Ezell Hester Ronald Linkous Caesar Mauti John Pagliarulo William Schultz, Alternate, and Robert Wandelt, Alternate, were in the audience. Mr. Schultz was excused and left the meeting. Carmen S. Annunziato, Planning Director Timothy P. Cannon, Senior City Planner Chairman Ryder called the meeting to order at 7:30 P. M. and introduced the Members of the Board, Planning Director, Recording Secretary, and Senior City Planner. -He recognized the presence of Mayor Carl Zimmerman, Councilman James R. Warnke, Stormet Norem, outgoing president of the Chamber of Commerce, Owen Anderson,. Executive Vice President, Chamber of Commerce, and Peter L. Cheney, City Manager. MINUTES OF MEETING OF OCTOBER 9, 1984 Mr. Linkous moved, seconded by Mr. Hester, to approve the minutes as presented. Motion carried 7-0. ANNOUNCEMENTS None. COMMUNICATAIONS None. OLD BUSINESS None. PUBLIC HEARING Chairman Ryder said the Board was meeting to consider a development of unusual magnitude. The proposal contemplates the 540 acre industrial and research park. Residential units are not included. Chairman Ryder informed everyone this is located in the northwest portion of the City - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 between Congress Avenue and 1-95 and on both sides of N. W. 22nd Avenue, going south to the Boynton Canal and going north to Miner Road. Under Florida State Statutes, it is mandated that projects of this scope be reviewed by the Treasure Coast Regional Planning Council to assess and identify whether regional impacts are positive or negative prior to consideration by the local municipality. Chairman Ryder said the proposal comes to the Board with the approval of the Treasure Coast Regional Planning Council, together with certain conditions. The development entails rezoning existing zoning established in 1978 for the Sand Hill residential development. He advised this would be to review an appropriate category, namely, a Planned Industrial Development. Project Name: Agent: Owner: Location: Description: Boynton Beach Park of Commerce Wade Riley, Vice President Riteco Development Corporation N. W. 22nd Avenue, between Congress Avenue and 1-95 Requests for an amendment to the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Industrial and for rezonings from R-3 (Multi-Family), R1-AA (Single Family Residential), R1-AAA (Single Family Resi- dential), and REC (Recreation), to PID (Planned Industrial Development) to per- mit the development of the Boynton Beach Park of Commerce, a Comprehensive Develop- ment of Regional Impact e Project Name: Agent: Owner: Location: Description: Boynton Beach Park of Commerce Wade Riley, Vice President Riteco Development Corporation West of High Ridge Road, south of N. W. 22nd Avenue Request to rezone from M-1 (Light Industrial) to PID (Planned Industrial Development) approximately 86 acres of land in connection with the Boynton Beach Park of Commerce, a Comprehensive Development of Regional Impact Carmen S· Annunziato, Planning Director, said the business before the Board was to react to requests for two sets of rezonings which would be a part of rezoning efforts to improve the Boynton Beach Park of Commerce. The issue of a develop- - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 ment of this size carries with it a requirement for develop- ment of regional impact review, which hearing will be held by the City Council on November 8. The recommendation of this Board will be forwarded to the Council. When you take together the two sets of public hearings, Mr. Annunziato said the proposal is to rezone 540 acres of land that is currently zoned primarily residential, which would accept 2,000 units plus 80 acres of industrial land to a Planned Industrial Development (PID) category. He explained that a PID is a highly regulated industrial district, which provides for permitted uses only upon the approval of the Planning and Zoning Board. Mr. Annunziato read the location of the site and municipal utilities from his Memorandum dated October 16, 1984, which was addressed to the Board. In recent years, the utilities have formed a major network of water delivery and sewer collection systems with major lines on both Congress Avenue and Miner Road extended. Mr. Annunziato said that would be the issue of some of the comments in terms of increasing the number of those lines. He also read from his Memorandum concerning the environment of the site. (See Existing Land Use on pages 1 and 2 of said Memorandum.) One thing the applicant had to take into consideration was that the land uses surrounding the site are primarily resi- dential. The Surrounding Land Uses are provided on page 2 of Mr. Annunziato's Memo. He read the Proposed Land Uses and the Comprehensive Plan Considerations from pages 3 and 4 of his memorandum. With reference to the utilities, Mr. Annunziato read from page 4 and said there are major utilities to the south, west and north of the site which will have to be tied into and developed throughout the site to serve the individual lots. Concerning the physical character of the site, Mr. Annunziato stated that the Planning Department found there were no impediments to development which cannot be overcome with construction techniques. In a great part, this is what was addressed by the Regional Planning Council in their remarks. Mr. Annunziato read the Planning Department's recommendation that the request for amendment be approved from page 4 of his memo, subject to comments in Exhibits D and E. With reference to the list of staff comments attached to the memorandum as Exhibit D, Mr. Annunziato called attention to recommended modifications to Exhibit D, which he handed out - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 to the Members. At this point, he did not want to address the issues until the Members had an opportunity to listen to the applicant's response and then address them one at a time. Mr. Annunziato then read the basis for the recommendation from pages 4 and 5 of the memorandum. Mr. Bud Post, Project Director for Riteco Development Corporation, reminded Chairman Ryder that he was Chairman and Mr. Annunziato was head of the Planning Department when he appeared before the Board for Riteco five years ago. He said they assembled professionals, who are leaders in their field, and felt the information they gathered on which to base the project was soundly conceived and that it would be properly executed. Mr. Post was glad the project falls totally within the City of Boynton Beach and not in any governmental jurisdictions. He introduced the professionals, who were Consultants to them on the project. Mr. Annunziato advised Chairman Ryder that it was only necessary to conduct one public hearing because there was one package of public hearings, and the package was designed to affect the changes requested by the applicant. However, they just be addressed individually at the end. Roy Barden, Roy Barden & Associates, Boca Raton, did the land planning. Mr. Barden showed the location of the property on the overlay. Recent changes in land use in the area had a positive impact onBoynton Beach and resulted in a decision by Riteco to retain Roy Barden & Associates to analyze the residential project that had been approved in 1978. As a result of their analysis, Mr. Barden recommended that the property be changed in land use and zoning to reflect the demand of the market trend for high technology, office, and industrial uses. Mr. Barden said they completed that analysis and retained other consultants to assist them. Mr. Barden stated they were here to request the Board's approval of the land use amendment and rezoning. He had drawings which reflected the location of future facilities, including water tanks. They began the planning for the project, utilizing the Planned Industrial District or Development Ordinance. They had a goal to make the park as self-sustaining as possible and looked at the kinds of facilities they needed to include on site which would make it less of a negative impact on the community. Mr. Barden - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 said there are certain kinds of shoppping activities, restaurants, and hotels which would result in less traffic. In the central portion of the project, Mr. Barden said they will install a lake side center, around which they propose the location of restaurants, retail service facili- ties, as well as one or more hotels, although they have alternate locations for the hotels based upon whether or not the 1-95 Interchange is constructed. They propose the Interchange with 1-95 at N. W. 22nd if it is determined to be feasible. In addition to the commercial uses, Mr. Barden said they organized the land use internally in such a way that it coordinates itself and buffers itself from the surrounding residential. Mr. Barden stated that they do not want to adversely impact those areas, and that is why the Members could see large lakes or deep buffers. He indicated the office areas, shown in blue, and the light industrial areas, which were purple, and the commercial, which were red. With reference to the lakes, Mr. Barden said they represent the requirements for drainage, as well as the requirement for permanent open space as combined with other recreational space which they have included on site to make the park self- sustaining for employees and visitors. Mr. Barden thought the land use and zoning relationship to the project were very compatible to the area, very well related, and buffered, so there will be no negative impact. The project is phased in such a way to relate to available water and sewer facilities. It will also relate to the obvious market catalyst, which is Motorola. Obviously, the front door of the project is Congress, north of 22nd Avenue. The first phase will be based on ten years of anticipated construction and will begin generally in the location immediately east of the E-4 Canal, as well as the office area that is immediately east of the 20 acre existing shopping area on Congress Avenue (which is not part of their project) and immediately north of Motorola. It will generally move in a planned sequence of plats to be deter- mined by working with City staff. Mr. Barden showed on the overlay that it will move south toward the Boynton Beach Canal and then westward towards High Ridge Road. Mr. Barden showed where hotels and the related facilities that go with the hotels may be located and the first - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 commercial area around the lake. The area within the brown area includes all of N. W. 22nd, a large lake, and approximately 195 acres of total land uses, a small percent of office, retail, and a large area of light industrial. The details of the kind of landscaping they will undertake and the kind of environmental analysis will reflect what they feel is the need to preserve the environmental features on the site, as well as to create an office park that is a pleasant place to work and which meets the demand for new space in this area. The landscaping they will undertake includes a strong planting of trees and shrubs within the backbone of arterials that they have established within the park, which will meet their pro- jected traffic demands internally. They must be recognized as flexible and tentative until such time as they get in with subdivision plats and decide what actual size each lot will be. Their goal is to establish larg.e lots (nine acres, more or less), but the market may also require small lots. If small lots, such as 1-3/4 or 2 or 3 acres are in demand, certain collector streets may be placed between the main arterials, but only if there is a demand for small lots. Mr. Barden said more than 40 acres for the preservation of sand pine is an objective of the plan. Siting of buildings will be arranged and controlled through an Architectural Review Committee established bY the developers for the property, and that group will insure not only environmental protection of the preserved areas and the animal life by not putting the buildings in these preserved sand pine areas but will also insure compliance with energy efficiency rules and guidelines, which they identified in the development of regional impact (DRI). The internal security will be organized by the Property Owners' Association. There will be inter-coordination between the Boynton Beach Police Department and the security personnel on site. The security personnel will have internal movement on each arterial. In addition, they anticipate the need for construction of bike ways and jogging paths within the project interconnect- ing the lakes. These will be used for internal security purposes. In addition, fire protection and fire prevention training will be a major role of the security force by encouraging each new occupant of the park to provide the kind of fire protection facilities which are needed, in addition to coordinating with the City Fire Department. Mr. Barden said the kinds of environmental protection they looked at include the requirement for buffering on the periphery of the project, which will be much more than the required 40 foot buffering that the City Code itself requires. He indicated a residential project and informed the Members that - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 not only is the 40 feet required, but an entire lake system, which provides strong separation. Not only will they have a 40 foot buffer, but there will be an additional amount more than that, which will include trees, berm, etc. Mr. Barden thought the project was well planned and said it was planned in accordance with the City's Ordinance. Mr. Linkous noted Mr. Barden mentioned recent developments that caused it to change. In 1978, they were granted approval for the 980 single family units. He asked if 30 years meant Phase I is 10 years; Phase II is 20 years, and Phase III is 30 years. Mr. Barden confirmed that was correct. Mr. Linkous asked what made him think that within 30 years this would not be obsolete since they asked for the change in zoning in 1978, which was only six years ago. Mr..Barden replied that along certain corridors of 1-95, there has been an increasing number of offices and high technology parks created, primarily reflecting a market. Dr. Manley Voss, who is on the faculty of Florida Atlantic University, Boca Raton, came forward to discuss the environ- mental aspects of the property. Below 22nd and along High Ridge Road, he said there is a considerable old dune system of sand ridge, which is quite dry. In addition to this system, there is another ridge that goes from Miner Road and begins to cross ~22nd. There is another little bit of ridge just above the Boynton Beach Canal in the center of the property. The other portions of the property that are not the dunes are very low and are actually prairie (sometimes wet and sometimes dry). How- ever, there are some areas in the prairie that are quite wet all year and are called wetlands, swamps, or marshes. Dr. Voss told of the history of the area and uses of the property. Because cattle were run on the ridges, a lot of trees were taken out. Cattle were not running north of 22nd, and it is heavily forested. At this point, in concert with the Treasure Coast Regional Planning Council, Dr. Voss said they would suggest that they preserve 25% of the scrub vegetation and use it'for wildlife and native plants. Eventually, it will be upgraded. The other conservation measure will be the preservation of 25% of the wet area. There are about 44 acres of wetlands, which are of low quality, and 11 acres will be upgraded. Dr. Voss showed that the lakes are in the low areas. Once they are excavated, they will plant 11 acres in native vegetation and will plant upland vegetation around the water vegetation. - 7 - MINUTEs - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Tom Powers, Goodkin & Associates, Fort Lauderdale, the Economics Specialist for the project, said they did the entire market research for this industrial Dark. He told of the growth of South Florida and said a lot of firms look at this area as a place to locate. Portions of Dade and Broward Counties are looking for quality space which is more centrally located. The park itself has excellent access. It is adjacent to 1-95, a major north/south rail line, and is located in a very intense market of labor. There will be the availability of all types of houses, and Mr. Powers said the avail- ability of well located land such as they have here is a positive feature. They forecasted an approximate 30 year'absorption, and Mr. Powers said their sentiments will be along the lines of rather major uses of space, such as banking operations, business services which will continue to support IBM, Motorola, and Pratt Whitney, and some technology. There will be a lot of economic impact. Over 13,000 new jobs will be created just for the park alone. The demand for housing, etc. will ripple through the economy. The average construction employment will be 450 to 600 jobs, depending on what phase of construction they are in, on an average annual basis. The total non-construction jobs they are talking about will be about 13,400. Mr. Powers informed the Members that the assessed value of the park is $814,000,000. He reiterated that the demand for this type of service park space is very great today in South Florida, and he had no evidence that it would not be just as great tomorrow because the growth momentum is coming this way outside of the region and within the region. Mr. Powers thought the park could play a significant part in servicing and capturing that demand and doing it in a very quality way. Mr. Linkous asked if they thought the plan which they have now would be obsolete in thirty years. Once the park is developed, Mr. Powers said it will continue to build momentum Mr. Post added that the site provides a healthy injection of a different type of development in the city, broadens the economic base, and one of the things that makes it attractive for that is the City has and is developing a superior infrastructure to operate as a City. Mr. Jim Zook, Kimley Horn & Associates, Inc., 5800 Corporate Way, West Palm Beach, was introduced by Mr. Post to discuss the traffic engineering and traffic impact the project would have on the City. Mr. Zook wished to impress on the Members that they did a very comprehensive transportation study for the project, which was required by the Regional Planning Council. They also spent time in five meetings with the City's staff (particularlyr Mr. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Annunziato) and Charles Walker, County Traffic Engineer, in going over some of the scope of work. When the market analysis came in, and they were talking about thirty years, Mr. Zook said they could not just look in terms of what this project would mean but what they would have to worry about over a thirty year period. The tool they used to do their study was the Comprehensive Land Use Plan provided by the City Staff and the County, as well as the specific projects that have been approved in the area, such as the Mall, Motorola, and other major projects. Mr. Zook told the Members they did two transportation studies: (1) with an interchange at 1,95, as it is shown on the County's thoroughfare plan, and (2) without an interchange at 1-95 and 22nd Avenue, which would serve the project, on the grounds that one has not specifically been approved by State and Federal agencies yet. Mr. Zook said that has to take place before a new interchange is built. After they completed the study and reviewed it with the staff, Mr. Zook said they sat down to identify what roadway improvements would have to be made to handle the traffic and serve the trans- portation needs the impact of this Planned Industrial Park would have. They looked at it by phase. In the first phase, Mr. Zook said there are three specific types of improvements which he wanted to talk about. During the first phase, the first thing necessary is four laning N. W. 22nd Avenue through the project all the way over to Sea- crest Avenue. This does not include the bridge, and Mr. Zook said he would talk about that later because that would be part of an interchange. He clarified that he was talking about the bridge over 1-95. Mr. Zook said this would be the most signifi- cant thing done in the first phase. It would be done in phases, as plats are developed coming in off of Congress Avenue, to cover what might become the first plat in this area but would be completed all the way through the project (including all inter- section improVements, such as turn lanes and other improvements necessary at the intersection) within five years, which is very early if you think of it in terms of the 30 year build out of the project. Mr. Zook commented that the project is lucky in that Congress Avenue has just been widened and has an abundance of capacity right now, but the intersection at Boynton Beach Boulevard and Congress Avenue needs 'to be improved during the first phase of the project. That includes widening out and building dual left turn lanes. One of the improvements being done there is to prepare right-of-way maps, construction plans, and providing money to the County because it will become a County Project, probably through the City, since the City will be in control of it. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Though it is not needed in terms of construction, Mr. Zook said the next major improvement during construction is to start work on the interchange, actually from day 1 of approval on it as far as the City's conditions recommended by Mr. Annunziato. Mr. Zook stated that is that they start with a feasibility study of the interchange. Their studies will provide data that have to be provided to the State Department of Transportation and Federal Department of Transportation for them to make their decisions on an interchange. Mr. Zook~said the City-is familiar with justification feasibility studies with Boynton Beach Boule- vard and the turnpike. These studies will commence by the applicant during the first phase. Mr. Zook said those are the three major parts to the first phase. The next one is sort of an if or if not type of improve- ment. By the time this project is generating 15,000 trips a day, Congress Avenue will need to be six lanes. Mr. Zook explained that they talk in terms of "trips" because that is what causes the need for more roads. He informed everyone that the County is confident that they will be six laning Congress Avenue them- selves and actually requested that. If it is not done there, Mr. Zook said the $900,000 or almost $1,000,000 will be spent on the interchange. If the interchange is underway, Mr. Zook said they will have virtually solved the transportaHion problems. He said the ~embers could imagine what the interchange will do if they have a six lane Congress Avenue at the interchange. The third major condition or improvement is, at a point or time when the interchange is ready to go under construction (let for bid), to spend another $9.00,000 on the interchange so they are talking about a commitment of as much as $2,000,.000 towards the interchange. He reiterated that the studies would have to be made for the Federal and State Governments to approve the inter- change. Mr. Zook thought they would approve the interchange, based on the information from not only the study for this project but for the County's own thoroughfare plan studies, which have already identified the need for it on a long range planning type basis. If an interchange is not approved here, the monies that would go toward the interchange ($900,000) would then be spent to provide necessary transportation facilities for the widening and increase in capacity of certain critical intersections on Congress Avenue that will be needed if there is no interchange. No matter which way they go, Mr. Zook said the conditions are to provide all of the roadway widening and intersection improve- ments necessary to handle the impact of the project. Enrico Rossi, Professional Engineer, Rossi and Malavasi Engineers, Inc., 1675 Palm Beach Lakes Boulevard, West Palm Bsach, Florida 33409, said they did the civil engineering portion of the project, and he was going to discuss the water, sewers, and drainage with the Board Members. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Mr. Rossi said they have been fortunate on this project that the City has put in some master mains. Their plans incorporate a system of lines which will interloop with the existing system. As the phasing develops, which they envision on the west side of the E-4 Canal, they will pick up a 16 inch pattern for that particular phase of development. Mr. Rossi advised that the project envisions three loop systems. One is a 16 inch which goes out to High Ridge Road and ultimately connects to the existing 16 inch, which has presently been built to the north property line. That connects on to a 16 inch on Miner Road that ultimately goes over to Seacrest Boulevard and connects to a master system over there. Pressurewise, Mr. Rossi said there is plenty of water to serve the property. The ultimate use of the water is somewhat less for this kind of development than if it had been developed into apartments and single family houses with about 2500 units. The plan of development envisions not only this main 16 inch loop system but it also picks up, across the canal, an existing ten inch line that ultimately goes up through the project. They also have some ten inch sub-loops. Mr. Rossi said the backbone system is well covered to cover the entire project. In the discussion of the system and the phasing of these lines into the City, he stated that it was agreed by the time the project gets within five years of development, they will then be required to extend the 16 inch line to a place he indicated on the overlay. Mr. Rossi added that the City will be looking at their definitive construction drawings as they plan each phase. Chairman Ryder said the City proposes to have a storage tank west of Congress on Miner Road, ~d asked Mr. Rossi what he will do with regard to distribution, with that in mind. Mr. Rossi replied that the storage tank is a regional consideration for the whole network. The next plan dealt with the sewage collection system. Mr. Rossi showed the master main along the Boynton Canal on the over- lay, through which would be their connection to serve the project. When they get into phase development, there are three lift stations presently on the conceptual plan. Mr. Rossi said they had some discussions with the City as to the need for three and possibly reducing them to two because of the City's concern for costs in the future. It was agreed that when they start their first plan of development, they will once more look at lift station ~3, which is the master for lift station #2, to see if there will be any way those two can be combined into one. Mr. Rossi said it was difficult to say at this time, without a more conclusive study of what the economics are. - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 With reference to the industrial development, Mr. Rossi said it has been determined that industrial waste that is not compatible will require pretreatment. This will be addressed at that time. The-last plan dealt with drainage, and Mr. Rossi commented that they were fortunate to have two receiving canals (E-4 Canal on the west, and the Boynton Canal to the south). The lake system developed in the plan follows, more or less, the low conmours. The low contours are about 9-1/2 feet. Normal ground water lies at about 8-1/2 or 9 feet. Mr. Rossi continued that the original idea was to hook up to the highest elevation of 25 feet. There are approximately 70 to 75 acres of lakes, which will act as their pretreatment of any drain- age flow from the development. The lakes will have an outfall system and will be grouped into one controlled structure. The system also provides for a flow through of the out pieces that lie north of 22nd Avenue. The lakes are designed not only from the standpoint of retention requirements but also from the stand- point'of size so they will be big enough to handle all of the project's fill requirements. The fill will be needed to fill in the lowlands. Mr. Rossi said the average fill elevation will be around-12 feet, and they are looking at a finished elevation on the project of around 14 feet. Besides the requirement of pretreatment of drainage water that will end up in the lake system by coming off of the parking lots, through grassed areas, into receptacle catch basins, pipes, storm sewer systems, and ultimately to the retention pond that is part of the control structure, it is designed to maintain the one inch run off or the first hour of the three year storm and is in accordance with the South Florida requirements. A further requirement was imposed by the Treasure Co~st and in comments by the South Florida Water Management District. They are requiring double retention systems on this project and all industrial sites, which means when someone buys a tract for an industrial site, they will have to be evaluated for run off characteristics, hazardous waste storage, etc. Mr. Rossi added that they provided an impervious area in those particular tracts, which remains the water prior to disposal into the main system. This would apply to industrial sites and not the office and commercial sites. Mr. Rossi informed the Members that they will have a number of meetings with South Florida Water Management District to work out a system. The purpose is to launder any water before it gets from the industrial sites into the main system. Besides all of that, the Treasure Coast is requiring them to outline their methods of storing~hazardous waste and how they will respond to problems of hazardous waste. Mr. Rossi said this will have to be addressed. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Mr. Linkous noted that Mr. Rossi mentioned the water consumption would be much less than if it were residential. Mr. Rossi advised that they computed it at around 490,000 gallons a day. If one takes a normal project of 2500 units and makes it into apartments, one could easily see that would be about 600,000 gallons a day. If we do not have an interchange on 1-95, Chairman Ryder thought we would be in big trouble on High Ridge Road with traffic coming from the north. He asked, if High Ridge Road is to be widened just to the city line, above 22nd. Mr. Zook replied that High Ridge Road will connect through, but they are not proposing to widen it all the way to Hypoluxo Road. He clarified that they are proposing to add capacity on Congress so that traffic can get to either Boynton Beach Boulevard to the south or up to Hypoluxo Road. In the absence of an interchange on 22nd, Chairman Ryder pointed out that cars coming from the north will go on to HypoluXo Road and try to come down High Ridge Road rather than going all the way to Congress. Mr. Zook interjected that it is not their pro- posal that cars go through there because it is a residential street. Chairman Ryder was trying to point out the importance of getting the interchange. Mr'. Zook also thought the interchange was important and said that was why it was part of the plan. However, if it does not happen, they have to have the capacity somewhere else. Rather than spend the money they would spend on the interchange, Mr. Zook said they were saying to spend it on providing the capacity for Congress Avenue, Boynton Beach Boulevard, and Hypoluxo Road to have enough capacity to get to those inter- changes as opposed to spending it widening High Ridge Road and trying to run it through residential. From a transportation planning standpoint, Mr. Zook clarified that was what they felt was the right thing to do as far as working with the staff of the City, County, and the Regional Planning Council. Mr. Post added they are very much concerned and think the interchange is the first priority in handling the traffic. · According to all of the studies Mr. Zook made, in that High Ridge Road does not cross the canal and is not anticipated to cross the canal. Mr. Post advised it is never going to carry the north/south traffic other roads would because of the barrier at the canal. As an Engineer, Mr. Post dealt with the Department of Transporta- tion. No matter how hard theY work at it, a project like that is not something that will happen in a couple of years because of - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 the levels of Federal and State highway budgets that will extend over a multi-year period. Being realistic, Mr. Post predicted it would probably take about ten years before they could be riding on the interchange with the best efforts of all of them. He stated that they expect it to happen. Mr. Mauti interrupted to ask if that was with them bearing the cost of the interchange. Mr. Post replied it was with their efforts. He said they are not proposing to pay for the entire interchange. They are proposing now to put up the first $200,000 for all of the studies necessary to justify it. Mr. Mauti asked where the $900,000 comes into it. Mr. Zook replied that is basically after the interchange is approved. Mr. Post said they are getting ready to write a check for $200,000 at the outset because this process takes a long time. The first step is the feasibility study, which must be presented to the Department of Transportation and to the Federal Department of Transportation to show why the interchange is needed. When those stages go forth, then there is an environmental impact study, which will follow after the approval of the feasibility report. At that Doint, Mr. Post said they need to get-some positive response from the Federal and State DOTs that they will put up the cash and budget this project. While they think it is "a natural" for the interchange, Mr. Post predicted people will say it is not and should not be built. He thought the. facts would sustain .it. The money they will put up as seed money will be the $200,000 initially. Mr. Post continued that assuming it is still moving forward, the other $900,000 would be within the next two or three years. As pointed out by Mr. Zook, Mr. Annunziato said the interchange has the strength of the County thoroughfare behind it in terms of concept and long range planning. With the money proposed to be added to the interchange by Riteco, Mr. Annunziato said it would not be unlikely that the County, itself, would have an interest in the project (likely financial) some time in the future. Whether or not Florida DOT or the Federal DOT is involved financially in the project, ~e project has significance to Palm Beach County. If you take the last report they had for the interchange on Boynton Beach Boulevard, which was estimated at a cost of 9.6 Million Dollars, $900,000 looked like thirty years away to Mr. Mauti. Mr. Annunziato said the initial cost estimates for the interchange have ranged as high as Ten Million Dollars. Chairman Ryder felt the County would have to see that because with the interchange, you would go directly into the center. Other- wise, you would use roads that will be overcrowded, and he explained. Mr. Post stated that in no way should they be looked at as being responsible for building and paying for the interchange because - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 their traffic will constitute a small percentage of the traffic that will use it. Mr. Post said they are proposing to put about Two Million Dollars towards the interchange, which is considerably in excess of what their actualuse of the interchan_ge will be. He reminded the Members that they are putting the money up front but ultimately, the interchange, as part of the Interstate system, will hopefUlly be funded 90% by the Federal Government. Mr. Mauti said what they were talking as $2,000,000 in liabilities to Riteco would mean a lot more in assets as far as the project going through. Mr. Post agreed that the interchange will benefit them but nothing like paying for the whole thing. He thought their efforts would be the catalyst to get the interchange to happening. Mr. Linkous questioned whether there was a point Mr. Post could see in the future where he would curtail or slow down his development if the interchange was not feasible or they could not get the money and did not approve it. Mr. Post replied that their economic planning was based on the research by Goodkin. Their figures indicated that the project would be projected to build out in thirty years. Without the interchange, it will be a slower process. With or without the interchange, the area will be built up, and sound planning will~'.b~'.~the foundation of the direction it goes, which was what the Board was doing tonight and why they were here. Mr. Post thought the area was being soundly planned. Mr. Linkous noted Mr. Post alluded to sound planning and said sound planning was established in 1978, which was one of the reasons he brought it up. He assumed this was sound also. Mr. Gregory asked Mr. Annunziato if there was anything that would prevent them from escalating the project,.if there is no interchange. When one of those points is reached, such as 15,000 trips, Mr. Annunziato advised that things have to happen. If the inter- change is not there, Congress has to happen. If Congress is not there, intersections have to happen. To answer the question, Mr. Annunziato reiterated that there is nothing to stop the project if there is no interchange. Mr. Zook mentioned two other things required by staff. One was a monitoring program, which starts after a certain number of acres are developed for a phase of the project. Starting at that point, they have to count the traffic going in and out of the project so they will always know when these needs are necessary as time goes on. That is one important issue that helps them make these various decisions. Another important feature or condition is that signalization and other intersection improvements at the entrances and other lo- cations are required. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Mr. Linkous reminded Mr. Zook that he mentioned they would have to make possible improvements as the traffic increased. He asked if that meant in lieu of a four lane on 22nd, there would be a six lane. On Congress, Mr. Zook said there would be six lanes. Mr. Linkous asked who would bear that expense. The first five years, Mr. Post said they will spend $1,200,000 on road improve- ments, including the seed money to start the interchange study. The'next, $900,000, will go to advance the interchange further, provided the County has six laned Congress and done some other things. If they have not, the $900,000 goes to meet their traffic impact on Congress and other intersections. The same condition prevails for the third $900,000. If the interchange is going ahead, $900,000 goes to the interchange. If the interchange does not go ahead, another $900,000 will be earmarked for various congestive places to improve the traffic system and to counter- act the project's impact on it. Mr. Post said one other thing they had not mentioned but which is included is that the $900,000 commitments escalate in accordance with a construction index so that if they build them, they build them. If it is money they are giving them, Mr. Post said it gets adjusted for inflation to keep up with the construction dollar index. Assuming 20% has been approved and they are coming back for another 10%, Mr. Linkous asked if this would have to go before the City Council ~for approval before Riteco can proceed with a 30,000 br 40,000 square foot building. If the traffic is impossible at that time, Mr. Linkous wondered if that could be curtailed. Mr. Annunziato did not think the project could be stopped because of traffic, the way it was being proposed to the Members. He said this was a consideration which was raised by the County Traffic Engineer. What will happen is, when.necessary, as indicated by the traffic counts, things will happen. Mr. Mauti asked who will be responsible for them. Mr. Annunziato answered that Riteco will. Mr. Linkous questioned whether it should not be that the Planning and Zoning Board should approve a portion of it in order to protect themselves and the City, as they have a responsibility to both Riteco and the City. Mr. Annunziato replied that the Planning and Zoning Board can certainly address those issues. Mr. Mauti asked if they were just going to widen out 22nd Avenue to meet the portion of the property which they are going to develop. Mr. Zook answered that it will be widened all the way through to Se~crest Boulevard. As part of the first plat, Mr. Post said the~ will four lane 22nd Avenue from Congress over to the entrance of the plat, which will be a small improvement. The road ms very under utilized right now. From there to Seacrest, Mr. Post said they are obligated to complete the rest of that within five years. Within five years, the whole thing will be four laned. - 16- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Mr. Mauti wondered if they should have some sort of bond issue. Mr. Annunziato informed him that the requirement does not dis- appear for the four laning of 22nd Avenue. It is triggered by the .filing of the first plat. Within five years of the filing of the first Dlat, regardless of the degree of development in this proposed park of commerce, 22nd Avenue must be four laned from Congress to Seacrest, excluding the bridge over the Interstate, which has a lot of different qualifications. Mr. Post added that was where the five year deadline came in on extending the water main up High ~Ridge Road to that collector. Regardless of the degree of development, they will do those things within five years. Mr. Linkous asked if 40% of the property comprised Phase I. Mr. Post replied that' it depends on whether you are measuring it by acreage or square footage. Mr. Linkous was measuring it by acreage. Mr. Post thought 40% was a fair amount. Chairman Ryder pointed out that the Board was to basically consider rezoning tonight. That did not mean that the Board was not going to get back on some of the other phases, but tonight they were to decide whether to go ahead with the rezoning. Mr. Annunziato wondered if everyone understood the initial $200,000 and what that is used for. He explained that is an immediate requirement which brings them to the point of having either a "Yes" or "No" on the interchange. Chairman Ryder noted that Mr. Barden mentioned something about some kind of architectural control from the standpoint of uniformity, landscaping, etc. He asked if. they were going to have some kind of permanent review board. Mr. Barden replied that they will have a Master Property Owners Association established with the approval of the City Attorney. The docu- ments will be recorded with the first plat, which will establish a membership of the Property Owners Association. Each new industry that comes into it will become a member, and they will be assessed for the maintenance of common areas, includin~ the overall master drainage system. Mr. Barden continued that irrigation of the common areas will be the responsibility of the Property Owners Association or the private owners of lots. The Association will also estab- lish an Architectural Review Committee, which will be adminis- tered by the property owners, using the guidelines which will set the theme for the building, certain ~inds of roof types, and architectural administration, as well as energy efficient ideas. The most important will be the preservation of the environmental and ecological system. They will also establish the coordination of security. - 17 - MINUTES - PLANNING AND ZONING BOkRD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Chairman Ryder asked what roads will be dedicated roads and which will be private roads. Mr. Post answered that City Manager Cheney has been very persuasive on that point and they will go with public streets. ' Chairman Ryder said they had to address the Treasure Coast conditions and the City's conditions. Mr.~ Annunziato agreed, adding that then they would move into the public hearing. Mr. Annunziato said there were two lists of conditions attached to the memo which he transmitted to the Board. One (Exhibit D) was the list of conditions composed by the City's Technical Staff. It was suggested this be modified, based on the recommended modifications to Exhibit D, which the Board found before them tonight, The second list of conditions was a list that was'composed by the Regional Planning Council and agreed to by Riteco as a part of the development of regional impact process. - Mr. Annunziato said he would read "Exhibit D", and the applicant could respond. He informed Mr. Mauti that the applicant had a copy of the exhibit. The following are the comments of Mr. Annunzia%o with regard to each condition and the answers given by Mr. PosT: 1. Mr. Annunziato said Miner Road extends through this project along its entire northern boundary. The Planning Department recommended that the applicant agree to dedicate the right-of- way for Miner Road to this property within not sixty (60) days but ninety (90) days, as modified. This recommended modifica- tion resulted from receiving the developer's comments back from the Planning Department's initial list. Mr. Post stated that they requested the slight increase in time but accepted the condition in total. 2. N. W. 22nd Avenue appears in the Palm Beach County Thorough- fare plan as an arterial also with 108 feet of right-of-way. It currently exists as a 100 foot right-of-way. Again, Mr. Annunziato said the recommendation is ninety (90) days as opposed to sixty (60) days. Mr. Post accepted that recommendation. 3. This referred back to the Regional Planning Council's comments about the 40 acres of scrub habitat that must be set aside. Because, if this is approved, the City of Boynton Beach will be responsible for the enforcement of the Development Order, in developments of regional impact, Mr. Annunziato said there will be three Ordinances, if approved, which will govern the approval of this project. There will be a Rezoning Ordinance, - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 an Ordinance to amend the Land Use Element of the Comprehensive Plan, and'an Ordinance to adopt the Development Order. The Development Order, as Mr. Annunziato has seen them, includes findings of fact, conditions of law, and a list of requirements which are imposed on the development. One of those is to set aside these 40 acres. As the local government issuing the Development Order, Mr. Annunziato said the City is required to enforce those conditions imposed. Therefore, the City is asking that within one hundred eighty (180) days, as modified by the applicant, that the appli- cant provide for the City legal descriptions of those areas which have to be set aside. Mr. Annunziato said this is to remove the continued responsibility for adding up the acreage over the 30 or 40 year build out of the project to arrive at a conclusion when it is all over that 40 acres have been set aside. Mr. Annunziato informed Mr. Linkous that one of the conditions of the Regional Planning Council is that the applicant perform an Environmental Management Study in connection with the Regional Planning Council and the City. This study will determine where and what size the 40 acres should be. It is sort of an ecological study and, once determined, it will then be described legally and submitted to the City. Mr. Post commented that Mr. Annunziato had explained very clearly why an area has to be specified. They asked for the additional time because it will take considerable time to pinpoint the areas to be preserved because they are to preserve 40 acres out of a total of about 160, as they are required to preserve 25%. There is a matter of choice and selection of which 40 acres are going to be preserved. Once that is decided, on the basis of the ecological studies and the animal habitats, Mr. Post said they will have to prepare legal descriptions of where the parcels are. He concluded by saying they will be happy to comply, but it will take a little time. Mr. Linkous kept questioning whether it would be the southeast corner, and Mr. Annunziato replied that he thought generally, that would be-the location because it is generally the scrub habitat, although he did not think it would be in one piece. Mr. Post informed Mr. Mauti that it will not be in one piece. 4. Mr. Annunziato read the substituted language, which said the developer would provide, for the City's approval, documents which would specify the nature or the responsibility for the continued maintenance and preservation of the 40 acres of scrub habitat set aside. At this point, Mr. Annunziato~ said it is not contemplated that these 40 acres will be maintained by any public entity. Because the City is responsible for the continued maintenance~ and operation of those facilities, - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 at least legally, Mr. Annunziato said the City will be responsible for reviewing the documents that dedicate these scrub habitat areas to the Property Owners' Association. The City wanted to reserve unto itself that authority to maintain its position with respect to ei~forcing any Development Order that may be approved as a res~llt of this process. Mr. Post unde~zstood what was being required and said they were in agreement Mr. Gregory asked if the 40 acres that will be set aside will be based upon a stud· that will be made and will nom be a random decision. Mr. Post repl ed that they are obligated by the Regional Planning Council o preserve 40 acres~ "Preserve" means you have to leave it ike it is and provide a habitat for animals, etc. There are m. re than 40 acres on the project, and they are going to study the aerial photos and pick out 40 acres. Mr. Post stated that they are going to try to get double duty out of it and use some of it for required setbacks. One way or the other, the City will have parcels aggregating 40 acres, all of which will be large enough to maintain and preserve the sand pine, scrub, and animal habitat. Mr. Post said it will 'be a rectangular parcel 5. Mr. Annunziato said an. Ordinance which requires a non-recrea- tional civic dedic tion of land, land and dollars, or dollars will beone of the items which will appear on the next Planning and Zoning Board Agenda for t]~e purpose of enhancing the City's capital facilities plan an~ [ for the purchase of non-recreational facilities and equ~.pment to be used to serve new facilities in the City. Mr. Ann'~nziato' asked the Members to recall the Melear approval wi~h the five acres that were required to be dedicated. One of the pledges the C~ty made was to look into the adoption of an Ord~.nance to be put into the subdivision regula- tions. Mr. Annunziato sai what the Members saw in #5 was that Ordinance as it ap lies to address this particular development. The applicant has zesponded by saying there may be some problems with the legality cf the Ordinance, as initially drafted. The applicant also said they are in full agreement with the concept of a civic dedication Ordinance, and Mr. Annunziato said the applicant has agreed to submit their comments to our legal staff to help us buttress our Ordinance so that it is one that is enforceable. In lieu of ~5, Mr. Annunziato was asking that language be included that says the Planning and Zoning Board recommends approval Qf item 5 in concept and forwards it to the City Council as proposed. Hopefully, by the time the Council has its - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 November 8th hearing on this development of regional impact, the Ordinance will be in a more sufficient form. Mr. Post clarified that they have reservations about the legality of it because it is their understanding that impact fees are supposed to relate directly to your impact, and you are supposed to pay for the impact you have caused. Mr. Post stated that they are perfectly willing to do that and as long as the 'Ordinance is held to be fair and legal, they will abide by it He said it is that simple. ' Mr. Linkous knew that he had objected strenuously at the time they took five acres from Melear. He asked if it was true that was possibly illegal. Mr. Annunziato did not think it was illegal and thought the concept was becoming more and more legal now with the Supreme Court acting on the impact fee. He referred to cases which support different kinds of impact fees and District Court of Appeals' rulings on recreation~ fees in Broward County and thought this was something the Board would see more and more of. Mr. Annunziato said the important thing'~i's to have an impact fee that is measurable, definable, and easily accessible to the project. He thought the accessibility was really what the applicant was talking about. ~6 concerned the construction of water mains and the timing of the construction of water mains. Mr. Annunziato read the substitute language, which the Planning Department suggested. Mr. Rossi pointed out the locations on the water plan map of all Phase I utilities if development commences east and west of 'the E-4 Canal. Mr. Annunziato explained that what they were saying is if the project commences west of the E-4, there are improvements that have to occur which are part of the total Phase I improvements. (They supplement the Phase I improvements. ) Mr. Rossi said they went ahead and put a force main across there in coordination with the construction that is out there now. Mr. Post accepted #6 but wished they could "grumble about it. " 7. Mr. Annunziato said this concerns the potential of saving the City some long term expenditures. In lieu of the language in Exhibit D, the Planning Department suggested the language in the memorandum from Perry Cessna, Director of Utilities, to Carmen Annunziato, Planning Director, dated October 23 1984 which Mr. Annunziato read. ' · At issue here is lift station #2, as it appears on the plan. 'Lift station #2 is basically west of High Ridge Road on the south side of 22nd Avenue and serves those areas east and somewhat north and south on High Ridge. Mr. Annunziato said that Mr. Cessna sees - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 a potential, because of the existing contours, for eliminat- ing lift station 92 by deepening the gravity main which extends eastward, and then northward from lift station 93, to collect the sewage over the reaches of lift station 92. Chairman Ryder asked if they were talking about deepening an existing line. Mr. Annunziato explained that this is all new construction. Mr. Rossi had no problem with it. 8. Mr. Annunziato read 98, which remains as originally pro- posed. Mr. Post remarked, "Right." 9. The Planning Department suggested that the utility ease- ment be changed from twenty (20) feet to twelve (12) feet. Mr. Annunziato said one of the problems the City now has as a municipality is the lack of water to serve Curt Joa and the rural facilities on the south side of High Ridge Road at the Boynton Canal. This developer will be extending water to that site. However, in order to provide proper protec- tion, it is the Planning Department's feeling that water system should be a loop system. The City will provide the opportunity for Curt Joa et al to loop back along the Boynton Canal and tie back into the water main which will cross the Boynton Canal, giving them a loop system over the easement. Obviously, Mr. Annunziato said the easement is a requirement. Mr. Post agreed with that. 10. Mr. Annunziato read 910o Mr. Post agreed. 11. Mr. Annunziato suggested paragraph "(b)" be eliminated. Mr. Post agreed. 12. This paragraph was read by Mr. Annunziato. Mr. Post agreed. 13. Mr. Post agreed, after hearing the paragraph read by Mr. Annunziato. Mr. Gregory was informed by Mr. Annunziato that the City will do the maintenance. - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Mr. Post recalled that was the one in which they had a lot of discussion and what convinced them to make all of the speeches. He added that City Manager Cheney made a speech and convinced them. 14. Mr. Annunziato substituted a letter dated October 22, 1984, addressed to Peter Cheney, City Manager, from Wade Riley, Vice President, Riteco Development Corporation. Mr. Annunziato said the letter evolved around the existence of the Fraternal Order of Police Association site, which is the City's park located in what potentially would be the south- west corner of an 1-95 interchange at N. W. 22nd Avenue. Mr. Annunziato said it is now where the Police dogs are trained, and a shooting range is under construction. It is not heavily used as a public facility but would eventually be heavily used. Mr. Charles Frederick, Director of Parks and Recreation, suggested the need for a northern district park at some time in the future. The applicant objected to it. However, Mr. Annunziato said the City was able to prevail upon the appli- cant, with good reasoning, the potential for doing something which the City believes will enhance the project and the City's ability to have a northern district park. Mr. Annunziato said this evolves around the exchange in value of the FOPA site which, because of its location with respect to this park, could possibly be converted to more acres than it currently exists in. The FOPA would be re- located to an area which better serves the city and can be utilized by the park of commerce as a buffer to residentially zoned property. Mr. Annunziato said there are obviously good reasons for moving the site: (1) From the public's point of view, if there is an interchange, the return to the public in terms of taxes paid with an intensely developed site like that. (2) Because of its location, it could probably be converted to the advantage of the City. Mr. Annunziato added that will involve a review by the County. The requirements on the deed are if it is not used for public purposes, it would revert to the County. Mr. Annunziato did not see that as a problem. Mr. Gregory asked what the value was equivalent to with respect to the 17.6 acres as opposed to what the acreage is for the FOPA site. Mr. Annunziato replied that they would have to make some appraisals. At this point, the value is not known. Because of the location, if the park is approved, its value would increase significantly. - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 Mr. Post was assured that #14 as it appeared in "Exhibit D" was stricken and replaced by Mr. Wade Riley's letter of October 22, 1984. Mr. Annunziato said the City is hoping that between now and the adoption of any Development Order (if there is to be one), some more substantial language will be developed. Mr. Post stated that they were prepared to move ahead on that concept, which was why they wrote the letter. They thought it was clearly to the City's benefit and not detri- mental to it. 15. Mr. Annunziato advised that these were considered to be recommendations, which emanated from Craig Grabeel, Energy Coordinator and Special Projects Officer of the City. 16. Mr. Annunziato read #16. The Board took an intermission at 9:35 P. M. At 9:45 P. M., Chairman Ryder called the meeting back to order. Chairman Ryder understood that the applicant was in accord with the conditions that were suggested by the Treasure Coast. Mr. Post affirmed Chairman,s Ryder statement. Chairman Ryder did not see any need for the Members to go through that. The Members agreed. Chairman Ryder asked if anyone wished to speak in favor of the request. Don Zyto, Vice President and Senior Banking Officer, Barnett Bank, who resides at 10790 Green Trail Drive South, Boynton Beach, informed the Members that he is now the President of the Greater Boynton Beach Chamber of ComMerce and was repre- senting them. Mr. Zyto said representatives of the Economic Development Committee of the Chamber of Commerce studied the DRI report and believe the approval of the application for development is in the best interest of the citizens of the City of Boynton Beach and its reserve annex area. Mr. Zyto told of the Chamber of Commerce,s work in the past five years to help businesses and industries and said good sites for locations have been hard to find in Boynton Beach. He referred to Boca Raton and the Arvida Park of Commerce - 24- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 and said now the Boynton Beach Park of Commerce, by Riteco Development Corporation, will finally provide Boynton Beach with an outstanding building site in a well designed, pleas- ing park environment planned around water as a recreational element. Mr. Zyto gave the estimated numbers of new job creations and the amount of ad valorem taxes to the City. He added that there are also impact fees to improve, widen, build, or re- build transportation arteries, money to expand City govern- mentetc. service centers, new buyers for new dwelling units, Mr. Zyto concluded by saying the Chamber of Commerce urges the Board to recommend approval to the City Council. He also told the Members that the interchange at 1-95 and N. W. 22nd Avenue is now the #1 priority of the Transportation Committee of the Chamber of Commerce. Carl L. Terwilliger, 1602 N. W. 23rd Street, Boynton Beach, works for the Division of Plant Industry, Department of Agriculture, is President of the Broward Native Plant Society, a Member of the Palm Beach County Native Plant Society, and a Member of the Audubon Society. Mr. Terwilliger said many of the Members of the Societies he represented could not be present. He felt the plans were very good because 1/4 of the scrub area would be preserved. Mr. Terwilliger thought 40 acres was a good start and said this is the only area where people are interested in this kind of habitat and where people can study birds and native plants other than Jonathan Dickinson Park. The Societies he was representing will use the site. Mr. Terwilliger proposed that thought be given to increasing the 40 acres and that the Board especially take into account the area to the north of 22nd Avenue, which is fairly un- disturbed right now. Bill Fruth, 59241 Longbow Lane, West Palm Beach, Executive Director, Palm Beach County Development Board, Inc., told the Members the Board he represents is the designated group by the County Commission and State Department of Commerce to recruit industry for Palm Beach County. Mr. Fruth stressed that there is a need in the County for more well planned industrial parks. The reason Palm Beach County has not been successful in recruiting high tech industry until recently was because of the availability of - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 23, 1984 property, and he explained. Mr. Fruth gave examples and pointed out the importance of good planning. In the long term, his Board thinks this particular project and projects like these will create a better end product for the County. Mr. Fruth concluded that the Development Board wholeheartedly supports the program on the basis that this park as proposed is a well planned park. , , As no one else wished to speak, Chairman Ryder declared that THE PUBLIC HEARING WAS CLOSED. Motion as to #l Chairmanzoned residential Ryder reminded areas, the Members these are the presently Mr. Mauti moved to approve the request, subject to all of the Boynton Beach comments in connection with the Treasure Coast comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. Motion as to #2 Chairman Ryder told the Members this pertains to the area that is currently zoned M-1. Mr. Linkous moved to grant the request for rezoning from M-1 (Light Industrial) to PID (Planned Industrial Develop- ment), subject to the requirements of the City and the Treasure Coast Regional Planning Council. He informed Mr. Terwilliger that 80 some acres have been set aside for what Mr. Terwilliger was talking about. Mr. Mauti seconded the motion, and the motion carried 7-0. ADJOURNMENT There being no fUrther business to come before the Board the meeting adjourned at 9:58 p.M. · (Three Tapes) - 26 - DRESS FORM 4'- MEMORANDUM OF VOTING CONFLICT . . {AME--MIDDLE NAME COUNTY Palm Beach '- OCCURRED COUNCIL, COMMISSION, AD i HORITY. OR COMMI'I-I'EE & Zoning Board '~' THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: I~CITY r"l COUNTY r~ OTHER LOCAL AGENCY [] STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY .... ' - " WHO MUST FILE FORM4 any pers'd~'Se~ng 'on eith~ ;~nr ~)inted use by ~tp~ ir elected~b°~rd, cOuncil, commission, authority, or committee, local, and it applies e4uallY to membersof advisory, and non-advisory b~dies who are faced with. - a voting, conflict:: .. of PART A is for use by persons, serving on local boards.... :,- -~(municipaL-: county, special tax districts,· .,.etc')'. while_ PARTB is all. otl~r boards; i.e., those at thestate level.' the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS ' [Required by Section 112.3143(3), Florida Statutes (Supp. of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM in an official capacity upon any measure which inures to his special private gain.- Each local officer also is prohibited from :in his official capacity upon any measure which inures to the special gain of any principal (other than a government defined in Section 112.312(2), Florida StatUtes) by whom he is retained. a local public offie, er must disclose the conflict: )R TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which .... he is from voting; and ' AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. nt Agency.'C~eated or designated pursuant to Section 163.356 or Section 163.357, 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis.are not prohibited, from t such cases, however, the oral and written disclosure Of this part must be made. the undersigned local public officer; hereby disclose that on _~tOV~rnher ]:~ from voting ona matter which (check one): inured to my specialprivate gain; or ,,, 19 _84 : .,, by whom I am retained. REV. I 0.-g4 PAGE (b) The measure off Wh[ct~ 'I~abstained ~rid the nah~'e Of rn~ inte~e'st in the'measure is as .follows: I am a General Partner in .Paggey .Investors, DevElopers for 1,~ner Ridge Estates' Sub-Division 'l 1-21 -B4 Date Filed Please see PART C for instructions on 'PART B -VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS .... ,. [Required,by SectiOn 112.3.143(2),..Florida statutes (suPp. 1984).], · Each state public officer is permitted to vote in his official capacity on any matter However, anv state officer who votes in his official pacify upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days; after the vote occurs. undersigned officer of a-stal ;igeiacY~ h~reby'~iiscl~se that on"~ !, the e '" ' ' 19' : (a) I voted on a matter which (check one): inured to my special private gain; or _ inured to the special gain of ~ - . . , by whom I am retained. (b) The measure on which-I VOted:' and the nature.of my interest in tl~e measure is as follows: Date Filed Signature~ . . Please see PART C below for instructions on when and where to file this-form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the'meeting during which the voting Conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.31 ? (1983). A FAILURE TO MAKE ANY REQU1 RED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY~ REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED'S5.000. CE FORM 4 - REV. 10-84 PAGE 2