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CORRESPONDENCE .++ TAMBONE P.1/2 ':c: Todd Kotas Pete Mazzella Tambri Heyden Bill Hukill Bill Cavanaugh - Fire OCT 18 '96 07: le=:M REAL ESTATE DEVELOPMENT CORPORATION October 17, 1996 ill ~ Dill ~? f""""" , II U II' ,II ' 1 (, .:::S6 ~ VIA FACSIMILE IJCT . 4 Gonzalo Ravago. Project Director BGI Industries. 1441 S;W. 33rd Place Ft. LauderdaJe, Florida 33315-2861 Re: ~oject Phenix Project Overview Meeting with the OfficiaJs of City efBoynton Beach Dear Gonzalo: The City Manager, Carrie Parker has confirmed a meeting for the BOI Devlopment Team with her staff on Wednesday morning October 23, 1996 at 9,00 AM. The meeting will.take place in the Boynton Beach Main Library located at 208 South Seacrest Blvd.. two blocks south of the City Hall at the intersection of Seacrest Blvd. and Ocean Avenue. Parking will be in the lot on the north side of the library between the Civic Center and the library. The City Hall and Seacrest Blvd. are approximately ~ mile east of 1-95 on Boynton Beach Boulevard. I have discussed the topics outlined inHNTB~s proposed agenda dated 10/16196 with Ms Parker and she is pleased with us arranging this forum. The intent of this forum is to. introduce the BOI Development Team to the City's Team and to exchange contact information, to briefly review 'some of BOI' 5 existing facility operations through explanation and discussion of photographs. and to discuss in overview the operations planned for the Boynton Beach Facility. Following the above activities. HNTB Architects will present some preliminary site plan design studies and a summary of the planning and zoning criteria they have developed to date through meetings with City officials. The purpose of this presentation is to confirm or redirect assumptions which have or will be made to cOmplete the site planning and subsequent design development of the facility. ' Ms. Parker will have approximately seven of her staff on hand for the meeting.so that the City's team can become comprehensively aware of all aspects of the project and it's requirements and to ensure that the open exchange of information can begin which will be required to efficiently complete the design, permitting, and construction of the facility. The City will have heads of the Fire. Utilities, Planning, Zoning, Landscape, Community RECEIVED 4200 Wackenhut DrIve Suite 110 Palm Beach Gardens florida 33410 Phone 561 6250008 Fax 561 JlQtQ918 1996 CITY MANAGER'S OFFICE \I \~ ;\ ''^ ~ N T j ,(, .? '{ ( I "\ ~\ ~' ~ 1\ I' 'I " -\- '-- r"I ro' .. -t" ~ <>, '-.') (\ ~"'\ <--.... N .- "'-.\ X ~ 'J 10 - X- x... "- ':r ('\ ~ i' \;, ') 'f" ~ I f(, (" >~ ~I' \~ " ~ - -t:' .--..--- <' "I \'1 - rJ .;::::;- ----.....,--"'. J{ ~---...~ 'l:~ ~ r' 1: _~ hI --::-. ~J r .1 ''1 ,..l V \ I~~ \.l. V' \.L 1 .-" -) .~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-532 FROM: Pete Mazzella, Assistant to the Utilities Director Kevin Hallahan, Urban Forester Bill Cavanaugh, Prevention & Inspection Inspector Tony Occhiuzzo, Chief Plans Review Inspector Todd Kotas, Economic Development Coordinator Bill Hukill, Development Director Tambri J. Heyden !1-~ Planning and Zonin~ Dir<ector TO: DATE: October 11, 1996 RE: Sketch for BGI Attached is a sketch (subject to change) for BGI for your review in advance of our upcoming meeting yet to be scheduled. Doris Marttila from my office will be contacting you to coordinate the scheduling of the meeting, anticipated to be held next week. TJH:dim xc: Mike Haag Central File c: BGISKETC.WPD ( ebl FRIDAY, NOVEMBER 22. 1996 6D THE PALM BEACH POST Firm offered cash incentive Peruvian cosmetics firm to build plant in Boynton By JULIE WARESH and CHUCK McGINNESS Palm Beach Post Staff Writers BOYNTON BEACH - Finan- cial incentives and the area's quali- ty of life helped sway a Peruvian cosmetics company to choose Quantum Corporate Park as home to its first manufacturing facility in the United States. BGI Industries Inc., the U.S. subsidiary of Beauty Group Inter- national del Peru SA, signed an agreement last week to buy 23 acres where it plans to put up a 250,000-square-foot cosmetics plant that would employ up to 450. "The park provides the envi- ronment we're looking for," BGI operations manager Gonzalo Ra- vago said. "It's a good neighbor- hood for our corporation." After looking at sites around South Florida, BGI narrowed its choices in September to the Boyn- ton Beach site and a site in Broward County's Miramar Park -g iii - <II l!! CJ III ~ ,. N SGI From 1 D good alternatives," he said, "but we had to make a decision." The land purchase is expected to close Dec. 20, assuming the company gets confirmation of in- centives offered by the state and county, Ravago said. Palm Beach County is offering the company $750,000 from its Job Growth Incentive Fund, a portion of which will cover the 20 percent match required for BGI to qualify for $1.25 million in tax rebates from the state. On Tuesday, a Quantum Park representative told the city com- mission that Boynton Beach needs to quickly approve a change in land use to allow both manufacturing and office space at the site. The change must be approved before the sale closes. That means the commission would have to vote on the request at its Dec. 17 meeting. City Manager Carrie Parker Hill said she has been working with BGI representatives for two months. However, she was reluc- tant Tuesday to guarantee the citv's staff would complete the reView by that time. Mayor Jerry Taylor said he would do everything he could to process the land-use change as quickly as possible. "We hope they want to come here as bad as we want them to come here," Taylor said. The company, which makes cosmetics, costume jewelry and skin-care products for sale in Latin America, will hire most of its workers locally, Ravago said. BGI has hired the Holland & Knight law firm to research the land, making sure it meets the company's needs. Ravago could not say when construction will begin. "Once we close the deal, we start running with the project." 1/2 Mile STAFF GRAPHIC of Commerce. Ravago said incen- tives, Quantum's available space and the living conditions in the area convinced the company. "Dade and Broward offered Please see BGlj6D tJ1ie City of tJ3oynton tJ3eacli ,~.~~., 100 'E. 'Boynton 'Beadt 'Boufevara P.O. 'B~310 'Bognton 'Beadi, :Fforitfa 33425-0310 City ;Hall: (561) 375-6000 :FftlX: (561) 375-6090 December 20, 1996 BGI Industries, Inc. 1441 S.W. 33rd Place Fort Lauderdale, FL 33315 Attention: Gonzalo Ravago Re: BGI Industries, Inc. Purchase of Lots 32, 33, 34A, 34B, 35, 36, 37 and 38 within Quantum Corporate Park ("BGI Property") Dear Mr. Ravago: I am the Director of Planning and Zoning for the City of Boynton Beach and, as such, I am familiar with the above-referenced project and am authorized to make the statements and representations contained in this letter. It is my understanding that the proposed use to be made of the BGI Property is as follows: approximately 225,000 square feet for a cosmetics manufacturing facility comprised of approximately 25,000 square feet for corporate and administrative offices and 200,000 square feet for manufacturing and warehouse use. The uses include cosmetic and perfume manufacturing. It is my further understanding that Lots 34A, 34B, 35, 36, 37 and 38, which are those lots to be included in the site plan for Phase I of the project, will be combined, and unified. Lots 32 and 33 will not be unified until development is proposed on these lots. If more than two (2) means of access are desired to lots 34A, 34B, 35, 36, 37 and 38, as previously indicated in my attached letter dated October 25, 1996, a variance will be required. A variance can be submitted and processed simultaneously with site plan review. The land use designation of the BGI Property is Industrial, and the zoning classification in PID- Planned Industrial District. On December 17, 1996, the City Commission Ordinance 96-65 approved a use approval to allow the uses as set forth in this letter to be permitted within the PID zoning district. The City has made the required findings that the proposed uses will comply with the performance standards listed in Section 4.N. of the Zoning Regulations and the use proposed is consistent with all requirements of the Planned Industrial Development District. Accordingly, the use proposed by BGI is consistent with the land use and zoning designation and requirements of the City of Boynton Beach. ;{merU:a's gateway to tlU gut/stream Page 2 December 19, 1996 BGI Industries, Inc. On December 17, 1996, the City Commission adopted Ordinance 96-65 approving expansion of uses from office to additionally include manufacturing and research and development uses under the Master Site Development Plan included in the Development Order applicable to the Quantum Corporate Park at Boynton Beach Development of Regional Impact ("Quantum Park DRI") in which the BGI Property is located. The term "Development Order" includes City of Boynton Beach Ordinances No. 84-51, as amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51 and 96-33. Accordingly, the uses set forth in this letter proposed by BGI are consistent with the terms of the Development Order, and all amendments thereto, for the Quantum Park DRI. The Development Order is in good standing with the City of Boynton Beach and there are no defaults or unsatisfied obligations thereunder that will result in the imposition of any liability or cost to BGI or the BGI Property. Furthermore, replatting will not be required; however certain improvements may be necessary pursuant to the City's Land Development Regulation, Chapter 6 Required Improvements. All requirements of concurrency have been met with respect to the BGI property. The BGI Property is not designated in the Quantum Ecological Plan as a Sand Pine Preserve area. Subject to site plan approval pursuant to the City's Code of Ordinances and the submission to and approval by the City of an environmental review conducted pursuant to Section 11.3 of the City's Code of Ordinances, the BGI Property will be entitled to the issuance of a building permit for construction of the improvements in accordance with the terms of this letter. Very truly yours, Ju.G Jt J~ Tambri Heyden, AICP Planning and Zoning Director TJH:dim Attaclunent xc: Susan F. Delegal (Fax. 954-463-2030) Central File D:\SHARE\ WP\PROJECTS\QUANTUM\CORRES\PURCHASE,WPD ~=~ Kimley-Horn and Associates, Inc. 1ft, ~~ 1?et~ ~ w NOV I 8 &l6 rn ~@rnn\VJm Engineering Planning and Environmental Consultants November 11, 1996 Ms. T ambri Heyden Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: NOPC for Development on Selected Parcels in Quantum Park Dear Ms. Heyden: Kimley-Horn and Associates, Inc. was retained by BGllndustries, Inc. to evaluate traffic impacts associated with land use changes proposed for Parcels 32, 33, 34A, 34B, 35, 36, 37, and 38 of the Quantum Park DRI. Based upon Master Plan Amendment Number 6, Parcels 32, 33, 34A, 34B, 35, 36, 37 and 38 are approved for office use. The approved total PM peak hour trips for the combination of Parcels 32,33, 34A, 34B, 35, 36, and 37 is 328 vehicles per hour. The proposed NOPC will convert the land uses on the subject parcels from office to office/industrial. The proposed development will be a single building including 222,000 square feet of industrial and 50,000 square feet of office space situated on the combination of the subject parcels. Based upon approved trip generation rates for the Quantum Park Development, the proposed 222,000 square feet of industrial will generate 91 PM peak hour trips and 50,000 square feet of office will generate 63 PM peak hour trips for a total project impact of 154 PM peak hour trips. This represents a 53% reduction in PM peak hour trips from the previously approved 328 for the parcels. If you have any questions relative to the foregoing, or require further information, please fee free to contact me. Sincerely, K~R~~()cIATES, INC. Steven G. Godfrey, P.E. Principal SGG:]MA:mec h;\04904000\wp\Heyden.n 12 . TEL 407 898 1511 FAX 407 894 4791 "".:1; . Suite 200 The Carr Building 3113 Lawton Road Orlando, Florida 32803 &.......-... -"""- -..._--~_.-.-..-,_.--"--_.~._...---~ -~-~. .--..--- -,.......--""'---."- . .the City of 13oynton ~eacli '~ ~ ---=~ 100 'E. 'Boynton 'Buu:fr. 'Boukvartl P.O. 'Bo~310 'Boynton 'BUJdi., %1rUia 33425-0310 City 1laf[: (4Q7) 375..fj()()() ~~: (407) 375-6090 October 25, 1996 Mr. Gonzalo Ravago, Project Director B.G.1. Industries 1441 S.W. 33rd Place Ft. Lauderdale, FL 33315-2861 Re: B.G.I. at Quantum Park - northeast corner of Quantum Blvd. and Gateway Blvd. (approval process) Dear Mr. Ravago: This letter serves to reiterate the approval processes, as discussed during the city's site selection presentation to B.G.I. in July of this year and again on October 23, 1996, to locate a cosmetic and jewelry manufacturing facility at the northeast corner of Quantum Boulevard and Gateway Boulevard within Quantum Park. These customary approvals . include the following: 1. Notice of Proposed Change - This is an amendment to the Quantum Park ORI (Development of Regional Impact) to modify the current Quantum Park master plan designation for the lots B.G.1. is interested in developing as manufacturing use rather than office use. This is not a city application, although the city jointly process it, but rather a Treasure Coast Regional Planning Council application. I have given Gordon Lunt the phone number and contact person in Stuart, Florida for the application and process details. This application requires a revised master plan showing the use change for the affected lots, as well as a traffic study, comparing the traffic generation differences in office use versus manufacturing use of the affected lots. Mr. Lunt.informs me that a traffic study is already under way. 2. Use Approval - Quantum Park is zoned PIO (Planned Industrial Development). For flexibility and advances in technology, there is not a predetermined list of permitted uses for this zoning district. For uses that have not yet been approved in Quantum Park, such as cosmetic and jewelry manufacturing, a letter of submittal, describing all facets of the use proposed and how the city's performance standards will be addressed is necessary. - .:;ImeriaJ s fjateway to tft.t. (jutfstream I' . . e \- <------- '.- .._....~..."..M.~ _~___.__-..............__ Page 2 B.G.I. at Quantum Park 3. Site Plan Approval - A formal application is available from our office for this process that is to accompany submittal of your site plan, survey, paving and drainage plan, landscape plan, utility plan and lighting plan. 4. Environmental Review Permit - A formal application is available from our office for this process as well. The application requires a description of the manufacturing processes and chemicals and materials used and stored. Unlike the procedures for the above, and any variances that may be desired, this process is administrative. 5. Parking Lot Variance - Based on our discussion of your October 23, 1996 conceptual site plan, if you find it necessary to provide additional driveways, a parking lot variance will be necessary. A formal application is available from our office. It would be helpful to include with this application, the traffic study that is under way. 6. Board of Zoning Appeals Variance - Based on our discussion of your October 23, 1996 conceptual site plan, if you cannot meet the requirement of 1 1/2 parking spaces for every two employees on a maximum shift, a variance, reviewed by the Board of Zoning Appeals, will be needed. This same application is necessary to reduce the width of the 25 foot wide greenbelt. All the above application's can be processed simultaneously. However, once you complete the traffic study, you could submit the notice of proposed change and use approval in advance of the rest of the applications, since the latter require preparation of a site plan. Once you are ready to assemble any of the above-applications, please give me a call so that I may advise and assist you with submittal requirements. Sincerely, ,/J~A~ ~bri J. Heyden, AICP Planning and Zoning Director -.' . T JH:dim xc: Central File C:\WPWIN60\WPDOCS\CORRESPD\BGt.WPD 57 3. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and-topography shall all be appropriate to both kind and pattern of use intended. H. DESIGN CRITERIA. 1. paving. All interior paving shall comply with specifications and standards set forth and subject to the approval of the development director. 2. Off-street parking. One and one-half (ll/2) parking spaces shall be provided for each two (2) employees on a maximum shift. In addition, visitor parking shall be provided which is deemed adequate to serve the needs of the particular use by the planning and development board. 3. Accessways. In the interest of public safety, no more than two (2) accessways shall be permitted on to any single perimeter public right-of-way and interior accessways shall be limited to no more than two (2) per developable parcel and interior accessways shall be located no closer than one hundred and fifty (lSO) feet from center line to center line. 4. Hotel and motel density. Permitted density for hotel and motel development shall not exceed twenty (20) units per acre. 5. Utility transmission lines, etc. All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines.Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. 6. Solid waste and refuse disposal. Plans for solid waste and refuse disposal shall conform to and be approved by the city and county health departments. 7. Sanitary sewage system. Sewage system will be furnished and installed in accordance with city standards and other pertinent city ordinances. Adopted April 4, 1"5, Ordinanca 0'5-02 Itevi.ad 2-63 S7 8. Public water system for both domestic use and fire protection. Water systems must be installed in accordance with city standards and other pertinent city ordinances. 9. Storm water system. When approved positive drainage is not available, on-site containment of storm water run-off shall be provided by the developer. Details of the on-site system shall be ap~roved by the development director. 10. Access to perform necessary public services. The developer and/or owner shall dedicate to city any easement that city deems necessary for public services and said dedication shall provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property. 11. Off-street loading. In no instance shall off-street loading facilities front on a public right-of-way and in no event shall these facilities be located within eyesight of residential district. 12. Plot coverage. The gross floor area of the building and its accessory structures shall not exceed sixty per cent (60%) of the plot on which it is constructed. 13. Open space. Each plot to be developed shall contain a minimum of twenty per cent (20%) unobstructed, nonvehicular open space. All open portions of any lot shall have adequate grading and drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover. The design of such landscaping and the measures taken to insure its maintenance shall be subject to the approval of the planning and development board. 14. Maximum building height. No building or appurtenances thereof shall exceed forty-five (45) feet in height. 15. Distance between buildings. No building shall be constructed closer than twenty-five (25) feet to another principal building on the same lot or parcel of land. 16. District setbacks. Front, thirty (30) feet; side, twenty (20) feet; rear, thirty (30) feet. Adopced April., 1"5, OrdiDaace 0'5-02 Ilevleed 2-64 57 17. Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped area with a minimum width of twenty-five (25) feet except when such property abuts a residential district such greenbelt shall have a minimum width of forty (40) feet. It shall be the responsibility of the owner or developer to carry out this requirement, and to provide such maintenance or guarantee of maintenance, subject to planning and development board. I. PROCEDURES FOR ZONING LAND TO PIO. The procedure for zoning land to the PIO classification shall be the same as for zoning land generally. Because of the differences in PIn developments and the concept of unified control in development, the following procedures and requirements shall apply to applications for zoning to the PIn classification in addition to the general requirements. 1. Applications; materials to be submitted. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data: a. Legal documents assuring unified control of the proposed PIn and the agreements required under subsection o. b. A master site development plan containing: (1) The title of the project and the names of the professional project planner and the developer; (2) Scale, date, north arrow, and general location map; (3) Boundaries of the property involved, all existing streets, buildings, watercourses, easements, section lines and other existing important physical features in and adjoining the project; (4) Site plan of locations of land uses including but not limited to industrial areas, greenbelts and proposed rights-of-way; (5) Master plan showing access and traffic flow; and (6) Tabulations of total gross acreage in the development and the percentages thereof to be devoted to the various land uses. c. Repealed by Ord. No. 78-37, 5 1. AdopC.d Aprtl 4. 1"5. Ordin.nc. 0'5-02 R.vi..d 2-65 S7 J. PLANNING AND DEVELOPMENT. BOARD FINDINGS. After public hearing, the planning and development board may recommend to the governing body that the PID zoning be granted, subject to stated stipulations and conditions, or disapproved. In making its recommendations, the planning and development board shall find that the plans, maps, and documents submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of subsection I of these regulations applicable to zoning generally, and in addition: 1. The requirements of unified control and agreements set out in subsection D; 2. The locational standards set out in subsection G; 3. The internal PIn standards set out in subsection H; 4. The tract for the proposed PIn is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the proposed PID can continue to be developed in coordination and substantial compatibility with the PID proposed. K. CONDITIONS AND STIPULATIONS. In recommending zoning of land to PID classification, the planning and development board may recommend and the governing body may attach suitable conditions, safeguards, and stipulations, in accord with standards set out in these zoning regulations and in this section. The conditions, safeguards and stipulations so made at the time of zoning to PIn shall be binding upon the applicant or his successors in interest. Deviations from approved plans except in the manner herein set out or failure to comply with any requirement, condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no conditions, safeguards or stipulations be required which are not within the standards ~et out in these zoning regulations and in this section and that conditions, safeguards, and stipulations be clearly related to the ends and objectives of these zoning regulations and this section. L. TIME LIMITATION FOR COMMENCING PLA'rrING. a. Following City Commission approval of an application for the zoning of lands to P.I.D., the property owner shall commence platting of the property within eighteen (1S) months of the date of commission approval. For the purposes of this section, the commencement of platting shall mean the filing of a plat by the developer with the city: Adopc.d April 4. 1"'. Ordiaaac. 0"-03 It.viaad 2-66 59 D. CIVIL REMEDIES FOR ENFORCEMENT. In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained, or any building, structure, land, or water is used in violation of this ordinance or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use and to restrain, correct, or abate such violation to prevent the occupancy of said building, structure, land or water, and to prevent any illegal act, conduct of business, or use in or about such premises. Section 10. Board of adjustment. A. COMPOSITION AND PROCEDURE: 1. The board of adjustment shall consist of seven (7) regular members and not more than two (2) alternate members, who shall be appointed by the City Commission. Two (2) members shall serve for a term of one (1) year from the date of appointment; three (3) members shall serve for a term of two (2) years from the date of appointment; and two (2) members shall serve for a term of three (3) years from the date of appointment. Vacancies created after expiration of these terms shall be filled by appointments for three-year terms. One (1) alternate shall serve for a term of one (1) year from the date of appointment; the other alternate shall serve for a term of two (2) years from the date of appointment. Vacancies on the board shall be filled by appointment by the City Commission. Members of the board may be removed by a majority of the total members of the City Commission. Members and alternates of the board shall be residents and electors of the city. 2. The chairman of the board of adjustment or his representative shall designate the time and place of meeting, and the development director or his representative may answer questions and give evidence. 3. The organization and procedure under which the board of adjustments operates, its arrangements of meeting, and its adoption of rules shall be in conformity with provisions of Chapter 163, Part 2, Florida Statutes. 4. Minutes will be kept of all public meetings and proceedings and shall include and state the vote of each member on each question, and the motion shall Adopt.d Aprll 4. U'S. Ord1aaac. On-02 ......1..d 2-93 510 state the reason upon which it is made; such reasons shall be in conformity with the provisions hereinafter provided. 5. In exercising the above-mentioned powers, the board by the concurring vote of five (5) members may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the official from whom the appeal is taken. The concurring vote of five (5) members of the board shall also be necessary to effect any variation of this ordinance. No action shall be taken unless at least five (5) members are present and voting. B. POWERS AND DUTIES. The board of adjustment shall have the following powers and duties: 1. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this chapter [ordinance] . 2. To hear and decide such special exceptions as the board of adjustment is specifically authorized to pass on under the terms of this chapter [ordinance]; to decide such questions as are involved in the determination of when such special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose and intent of this ordinance. The following apply as to such special exceptions: a. In granting any special exception, the board shall find that such grant will not adversely affect the public interest. b. In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter [ordinance]. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance. c. The board of adjustment may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both. Adopcad April 4. 1"'. Ordin.nca 0"-03 ..avIaad 2-94 S10 3. To authorize upon appeal such variance from the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the-terms of this ordinance, the board of adjustment must find: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures thereon to become nonconforming. The applicant for such variances shall provide an affidavit, with the application for variance, stating that the above mentioned conditions exist with respect to the acquisition of additional property. 4. In granting variance: a. The board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and Adopted April 4. 1"5. Ordinance O'5-0Z a.viaael 2-95 510 ~afeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. b. The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or -completed or both. c. Under no circumstances except as permitted above shall the board of adjustment grant a variance to permit a use not generally or.by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. d. Variances to lot area and maximum densities specified in comprehensive plan. Where variances to lot area requirements are requested, and such a variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan, if the board of adjustment finds that the variance meets the conditions set forth in this section for granting same, and the variance would only allow for the construction of a single-family detached dwelling. C. REVIEW OF ADMINISTRATIVE ORDERS. In exercising its powers, the board of adjustment may, upon appeal and in conformity with provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this ordinance, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. D. APPEALS FROM DECISION OF ADMINISTRATIVE OFFICIAL. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board, or Bureau of the governing body affected by any decision of an Adopted April., 1"5. OrdiDeDce 0'5-02 .evi.ed 2-96 S10 administrative official under any zoning ordinance enacted pursuant to this ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the plans, papers, or other materials constituting the record upon which the action appealed from was taken. Due public notice shall be given in accordance with Chapter 163, Florida Statutes. E. STAY OF WORK AND PROCEEDING ON APPEALS. An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. F. HEARING OF APPEALS. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney. Applicants shall be required to file a proper form (supplied by the city clerk) and a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board of adjustment as for appeals. G. JUDICIAL REVIEW OF DECISIONS OF BOARD OF ADJUSTMENT. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, commission, or bureau of the governing body, may apply to the circuit court in the judicial circuit where the board of adjustment is located for judicial relief within thirty (30) days after rendition of the decision by the board of adjustment. Review in the circuit court shall be either by trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant. Adoptad April 4. 1"5. OrdiDaDca 0'5-03 aaviaad 2-97 S1.0 H. WITHDRAWAL OR DENIAL OF APPLICATION: 1. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must run prior to the filing of a subsequent application affecting the same property or any portion thereof. 2. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless, however, the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two-year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. 3. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any hearing scheduled concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after final action has been taken. When an application is withdrawn without prejudice, the time limitations for re-application provided herein shall not apply. Section 1.1. Supplemental regulations. A. RESERVED . B. CLUSTER DEVELOPMENTS. A cluster of groups of two (2) or more single-family structures may be permitted in all residential districts with the following requirements: All cluster housing development plans shall be submitted to the planning and development board as a planned unit development. C. NURSERY AND/OR OTHER PRESCHOOL FACILITIES: 1. Day care and other preschool facilities shall comply with the state health department and all other regulatory agency requirements. 2. The building height, setbacks, parking and total floor area shall be governed by the applicable zoning district. A4opt.4 Apr11 4. 1..5. Or41aaac. O'5-0Z ..vj,..4 2-98 Article Article Article Article Article Article I. II. III. IV. V. VI. Article VII. Art. I, Sl CHAFrBR 6 REQUIRED IMPROVEMENTS In General Applicability -Identification of Required Improvements Design Requirements for Required Improvements Construction of Required Improvements Acceptance and Maintenance of. Required Improvements SUbdivisions Containing/Adjoining Waterfront Property ARTICLE I. IN GENERAL Section 1. Purpose. The purpose for construction of these required improvements is as stated in Chapter 1, Article IV of these Land Development Regulations of the City of Boynton Beach. Section 2. Coamencement. Construction of required improvements shall not commence until a land development permit has been issued. Section 3. ~mn;nistratiOD. For the purpose of coordinating, enforcing and administering this chapter the director of development shall be the administering officer. ARTICLE II. APPLICABILITY Tangible improvements are required as described in this chapter in conjunction with the development of every subdivision within the incorporated area of the City of Boynton Beach whether the subdivision is platted or unplatted. ARTICLE III. IDENTIFICATION OF REQUIRED IMPROVBMBNTS Section 1. A11eys. Alleys are required along rear lot lines of commercial subdivisions and are permitted in industrial subdivisions. Section 2. Bridges and culverts. Bridges or culverts shall be provided as necessary to facilitate the proposed street system whenever a subdivision is traversed by or contains canals, watercourses, lakes, streams, waterways or channels. Bridges or culverts are-Subject to ,approval by agencies having jurisdiction. Adoptad April 4. 1"5, Ordinanca 0'5-02 .avi.ad 6-1 ......'t. III, 53 Section 3. Buffer areas (screening). Subdivisions shall be buffered to separate residential developments from commercial and industrial developments with a five-foot high masonry wall or landscaped chain link fence, or some other equivalent buffer which shall also be at least five (5) feet in height, except where such developments are separated by a golf course or other equivalent barrier. Residential developments shall also be buffered and protected from adjacent expressways, arterials and railroad rights-of-vay with a five- foot limited access easement, which shall be shown and designated on the plat, except where access is provided by means of a marginal access road or where such expressway, arterial or railroad right-of-way abuts a golf course. As an alternative, a five-foot high decorative masonry wallar landscaped chain link fence or other equivalent buffer, which shall be at least five (5) feet high, may be provided in a limited access easement up to five (5) feet wide. Section 4. Clearing, grading, filling. Subdivisions shall be graded and where necessary excavated and/or filled to comply with the drainage design prescribed elsewhere in this ordinance. Developers shall clear all rights- of-way and make all grades for streets, alleys, lots, water tracts and other areas compatible for drainage as prescribed in the drainage design. The type of fill within dedicated rights- of-way and other dedicated land shall be satisfactory to and meet with the approval of the director of development, based on soil tests of underlying material provided and paid for by the developer who shall certify as to the type of material and method of placement. In the interest of the preservation of existing trees and other natural beauty, the director of development may vary the requirements of this section where aesthetic and environmental conditions will be enhanced but will not affect proper drainage of the area. The applicant shall utilize measures to control blowing sand, dust and other airborne particulate matter during clearing, grading and filling and until such time as permanent ground cover is installed. ~l Melaleuca, Brazilian Pepper and Australian Pine which occurs on site shall be removed. Section 5-1. Drainage. An adequate storm, surface and ground water drainage system, including necessary ditches, canals, swales, percolation areas, detention ponds, storm sewers, exfiltration trenches, drain inlets, manholes, headwalls, endwalls, culverts, bridges and other appurtenances shall be required in all subdivisions. Section 5-2. Storm water treatment. Storm water shall be treated in the subdivision by providing Adopt.d April 4. 1"5. OrdiDaac. 0'5-03 aevi.ed 6-2 Art. III, 55-2 on-site percolation and/or detention or any appropriate treatment technique acceptable to the South Florida Water Management District. Section 6. Fire hydrants. Fire hydran~s shall be provided in all residential, commercial and industrial subdivisions in the manner prescribed in this ordinance. When annual fire hydrant fees are to be levied according to ordinances, a special association for payment of said fees will be required. Section 7. Reserved. Section 8. Reserved. Section 9. Reserved. Section 10. Sanitary sewage. A complete sewage collection system shall be provided for all subdivisions in accordance with requisite government regulations. Sewage transmission facilities shall be provided by the developer to an approved operating city collection or transmission system. The city utility director shall approve all connections to existing city collection and transmission systems. Section 11. Sidewal.ks. A. PLATTED OR UNPLATTED SUBDIVISIONS. Sidewalks shall be constructed on both sides of all local and collector streets, and on one side of marginal access streets in all areas. They shall be constructed concurrent with building construction. 1. Waiver. A required sidewalk may be waived by the technical review committee in platted or unplatted subdivisions when it determines that adequate pedestrian circulation is provided by bicycle/pedestrian paths. The control, jurisdiction and maintenance obligation of bicycle/pedestrian paths not l,cated within a public right-ot-way shall be placed in a property owner's association or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements. 2. Alternatives. A dual system consisting of sidewalks within public right-ot-way and bicycle/pedestrian paths outside of the public right-of-way may be required to provide adequate pedestrian circulation. Paths shall be constructed concurrently with other required improvements and shall be included in the surety described in Article XVIII. - Adopt.d April 4, 1tt5, Ordinanca Ot5-02 ..,,1..d 6-3 Art. III, ~11 B. LOTS AND PLOTS. The owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk thereon in conformance with Chapter 6, Article IV, Section 10.T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standard Building Code occurs and/or when any building is reconstructed in an amount which exceeds seventy (70) per cent of its current ~ssessed valuation. 1. Waiver. Upon the recommendation of the director of development and with the approval of the technical review committee, sidewalk requirement may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where the sidewalk requirement would not be compatible or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee as adopted by resolution of the City Commission shall accompany applications for waiver of this section. Section 12. Streets. All streets and related facilities required to serve the proposed subdivision shall be constructed by the developer. The construction shall consist of, but not limited to, street grading, base preparation and surface course along with drainage, and shall be in accordance with Palm Beach County ordinances or other applicable rules and regulations. Before any plat or deed or instrument conveying or dedicating any street right-of-way to the city shall be accepted by the city, all roads shall be paved so as to meet the minimum requirements set forth in this chapter. Section 13. Street markers. Street markers shall be provided at each intersection in the type, size and location required by current city standards. Street name signs shall carry the street name on the approved subdivision documents. Section 14. Street lighting. Street lighting is required on all public street rights-of- way. Applicant is responsible for supplying and installing a system acceptable to Florida Power and Light Company and the director of development. Upon completion and demonstration, the city will extend its current agreement with F.P.L. and absorb the energy cost of street lighting on city streets. Street lighting is optional on private streets and the cost of supplying, installing and providing energy and life long maintenance is the sole responsibility of the applicant and its su~cessors or assigns. Adopted April t. 1"5. Ordlnance O'5.0~ Ilevl.ed 6-4 Art. III, S1.5 Section 1.5. Central water system. A complete water distribution system shall be provided for all subdivisions. Water transmission mains shall be provided by the developer to an approved operating city water system. The city utility director shall approve all new connections to the existing city water system. Section 16. Traffic control devices. The developer shall install traffic control devices on roads within and interfacing with the subdivision. A traffic impact analysis meeting the approval of the director of development shall determine the traffic light requirements. ARTICLE IV. DBSIGN REQUIRBMBNTS FOR REQUIRED IMPROVBMBNTS The design of required subdivision improvements shall be in accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.) shall be submitted along with the development plans covering important features affecting design and construction. Such data shall include, but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when minimum standards of the American Association of State Highway and Transportation Officials are inadequate. Required improvements shall be equal to or exceed current city standards and the following: Section 1. Access. Points of access to lots developed within a subdivision shall be located a ~n1mum of thirty (30) feet from intersecting right~ of-way lines on local streets and one hundred eighty (1.80) feet from intersecting right-of-way lines on all other streets of higher classification as defined in this ordinance. However, access to townhouse clusters may be via parking lots and/or driveways designated on the plat as access or parking tracts providing the length of said access does not exceed six hundred (600) feet. The subdivision shall be designed to accomplish access to the lots by the use of local streets. Local street connections to collector streets shall be a minimum of six hundred sixty (660) feet apart and collector street connections to arterial streets shall be a minimum of one thousand three hundred twenty (1.,320) feet apart. Where access is desired along collector or arterial streets, it shall be provided by means of a marginal access road. The first point of access to the marginal access road from collector and arterial streets shall be a minimum of three hundred thirty (330) feet from intersecting right-of-way lines with intermittent points at median opening locations, being a minimum of six hundred sixty (660) feet from intersecting right-of-way lines, unless otherwise approved by the director of development. Access spacings of lesser lengths may be granted if deemed advisable by the technical review committee. Adopted April., 1"5. Ordiaaace 095-02 .ev1.e4g 6-5 Art. IV, Sl Where double frontage lots are created adjacent to a collector or arterial street, they shall front on a local street and the rear of the lot shall be the side which abuts the collector or arterial street. In such cases, the lot shall be buffered as required by this ordinance. Section 2. Alleys. Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of-way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys shall have inverted crowns with three-eighths (3/8) inch per foot traversed slope. The alley grade shall not exceed five per cent (5%) or be less than thirty-hundredths per cent (.30%) unless otherwise approved by the director of development. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited. Section 3. Blocks. The length, width and shape of blocks shall be determined with due regard to: A. Provision of adequate building sites suitable to the special needs of the type of use contemplated. B. Zoning requirements as to lot size and dimensions. C. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. D. Limitations and opportunities of topography. 1. Block lengths shall not exceed one thousand three hundred twenty (1,320) feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved by the director of development. 2. In blocks nine hundred (900) feet in length or over, crosswalks not less than eight (8) feet wide may be required between streets where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Section 4. Bridges. Bridges shall be designed in general accord with current Department of Transportation practices and shall include planning for utility installation. They shall be reinforced concrete or, upon request and approval, other low maintenance materials. Bridges shall have a clear roadway width between curbs two (2) feet in excess of the pavement width in each direction and shall provide four-foot wide sidewalks on each side. All bridge Adopeed April 4. 1"'. Ord1nence 0"-04 aevl..ed 6-6 Art. IV, S4 structures shall be designed for H-20-S16-44 loading, incorporating adequate erosion protection. Section 5. Drainage and storm water treatment. A. DRAINAGE. All subdivisions shall have comprehensive storm drainage facilities. The design data of the drainage system shall be submitted along with the construction plans in a report prepared by the developer's engineer indicating the method of control of storm water and groundwater, including the method of drainage, existing water elevations, recurring high water elevations, proposed design water elevations, drainage structures, canals, ditches and any other pertinent information pertaining to the system. The drainage system shall be designed using acceptable engineering principles with consideration being given to the protection of all future buildings from a one in one hundred (100) year storm and must be acceptable to the South Florida Water Management District. In addition, the system shall provide for the necessary maintenance of groundwater levels to prevent over drainage for the intended land use. Storm sewers shall be designed for rainstorms of maximum intensity predicted for the Palm Beach County area at three-year intervals according to current South Florida Water Management District charts and data. The system shall provide for drainage of lots, streets, roads and other public areas including surface waters which drain into or through the property. The design for drainage of the subdivision must be adequate to provide for surface water drainage of naturally occurring or existing adjacent contributory areas. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way shall be provided for future needs; however, the developer may be permitted to excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so warrants, as determined by the director of development. The runoff coefficients used in the design of the subdivision storm drainage system shall be those applicable after complete development has occurred. The drainage system shall be designed for long life, low maintenance cost and ease of maintenance by normal maintenance methods. The minimum pipe used within a storm sewer system shall be fifteen (15) inches in diameter. Distance between terminating or intermediate structures shall not exceed those required by state standards for the construction of maintenance inlets or manholes. The storm sewer systems shall be so designed that the elevation of the hydraulic gradient shall not be higher than the grate elevation of any inlet in the system for that design storm. The pipe shall be sloped and A4op~e4 April 4. 1"5. Or4iaeace O'5.0~ Revi..4 6-7 Art. IV, 55 structures channeled to minimize sediment. The pipe used in the system shall meet ASTM, AASHTO and current Department of Transportation specifications. Concrete pipe shall have gasket joints, meeting the requirements of AASHTO. When metal pipe is used beneath the pavement or parallel within the right-of-way, it shall be designed to provide a joint-free installation or, where joint-free installations are not feasible, shall be jointed with a twelve-inch wide band having a mastic or neoprene gasket providing a watertight joint. Other Jointing techniques meeting or exceeding these requirements may be used upon submittal to and approval by the director of development. Drainage pipe shall be fitted with headwalls, endwalls, inlets and other appropriate terminating and intermediate structures. B. STORM WATER TREATMENT. Rainfall runoff, surface waters and groundwaters shall be managed in subdivisions to minimize degradation of water quality, nutrients, turbidity, debris and other harmful substances, and maximize percolation and detention to promote the re-use of this resource, all in a manner acceptable to the South Florida Water Management District. Storm water treatment facilities shall be designed and sized to accommodate at least a one hour three-year storm or to retain the first inch of runoff, whichever is greater, and shall provide detention for at least the first inch of rainfall in swales, retention areas or other approved facilities. Runoff from roads, parking lots, roofs and other impervious surfaces shall be routed over areas where percolation into the soil can be accomplished prior to introduction into any storm sewer or other receiving facility. Pervious areas shall be covered with vegetation requiring periodic cutting and removal. The maximum runoff flow distance over impervious surfaces before being diverted to percolation areas is fifty (50) feet excluding building roofs, sports fields, roadway gutters and storm sewers. Runoff which must be carried directly into the closed storm sewer system without previously crossing percolation areas should be discharged to percolation areas prior to conveyance to on-site bodies of water, or off-site receiving waters. Water storage and detention shall be governed by the discharge limitations of the requisite drainage district. Temporary ponding shall not last more than eight (8) hours. Swales may be used in lieu of storm sewers to convey and collect surface waters. Minimum swale grade shall be three thousandths (.003) feet per foot and maximum swale grade shall be limited to that grade which will produce water velocities below the threshold of erosion. The side slopes on swale sections shall not be s~eeper than four to one (4:1). Adopted April 4. 1"5. Ord1nence 0'5-03 .evi.ed 6-8 Art. IV, 55 All major treatment facilities such as swales, lakes, canals, and other detention areas used for storm water management prior to discharge from development shall be placed in water management tracts shown on the plat and dedicated to the entity responsible for their maintenance. All water management tracts shall include where necessary, a twenty-foot maintenance berm, with a side slope not steeper than eight to one (8:1) to control and four to one (4:1) two (2) feet below control. Alternate treatment methods or facilities which in the opinion of the director of development are equal or superior to the above requirements may be approved. Application for such approvals shall be accompanied by written data, calculations and analyses which show, by accepted engineering principles, that the alternate treatment methods or facilities are equal or superior to those specified. Section 6. Basements. A. UTILITY EASEMENTS. Easements twelve (12) feet wide shall be provided to accommodate all required utilities across lots and where possible shall be centered on lot lines with convenient access for maintenance. Easements ten (10) feet wide shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional utility easements may be required by the city when, in the opinion of the director of development, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall be separate unless otherwise approved by the director of utilities and the director of development. Where crossings occur, drainage easements shall take precedent. B. DRAINAGE EASEMENTS. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage plus twenty (20) feet on one side for maintenance purposes. Where the width of canals or ditches exceeds sixty (60) feet, they shall be acceptable to and placed under the control of the drainage agency having jurisdiction. Drainage easements shall be provided to facilitate removal of surface waters from contributory areas. When a subdivision is traversed by or develops canals, watercourses, lakes, streams, drainage ways or channels, a drainage easement or right- Of-way shall be provided conforming substantially with the lines of such waterway and of such width and/or construction as will be adequate for the purpose. Adopted April 4. 1"5, Ordinance 0'5-02 Reviae.s 6-9 Art. IV, ~7 Section 7. Lots.. All lots shall have frontage on a street or have permanent private access to a street which has a minimum right-of-way of fifty (SO) feet. All lots shall have the area, frontage, width and depth required by the prevailing or approved use zone wherein said lots are located. When a subdivision is proposed under land with existing structures that are proposed to be retained, lots are to be designed so as not to cause existing structures to become nonconforming with respect to building' area or lot size. When lots are platted abutting a collector or arterial street, access shall be limited to local streets or marginal access roads. No access from individual lots shall be permitted directly to collector or arterial streets. Double frontage lots or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. Where double frontage lots are developed they shall be buffered as required by this ordinance. Corner lot lines at intersecting rights-of-way shall be the long chord of a twenty-five-foot radius or of a greater radius where deemed necessary. Corner lots shall be designed to provide a safe intersection with respect to sight distance. A restriction shall be defined on the plat prohibiting construction or plantings over three (3) feet high on corner lots within a safe sight distance based on the crown elevation of the street. Section 8. Seawalls, bulkheads, piers and docks. Seawalls, bulkheads, piers and docks installed along access waterways shall be installed under permit issued by the Boynton Beach Development Department. Seawalls and bulkheads shall be constructed with the water side face being on the property line. Section 9. Soils. Test borings of subsurface condition of the tract are required. When nonpervious soils or unstable soils (peat, muck, etc.) are encountered, the developer shall provide such additional design and construction as are necessary to assure proper drainage and development. Test locations and results shall be recorded on the construction plans. Section 10. Streets. Street layout shall be coordinated with the street system of the surrounding area. Consideration shall be given to existing and planned streets, topographical conditions, public convenience, safety and relationship to the proposed use of the land to be served. The arrangement of streets in new subdivisions shall provide for the continuation of existing streets in adjoining areas not subdivided, and shall provide for the proper projection of streets. When a subdivision adjoins unsubdivided land, then the new street, where necessary, shall be Adoptad April 4. 1"5. Orelia.aca 0'5-02 aavi.ad 6-10 Art. IV, S10 carried to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands, and provide continuity of street systems. The new subdivision shall provide for the incorporation and compatible development of present and future streets shown on the thoroughfare map adopted by the City Commission. A. TRAFFIC ANALYSIS. A subdivision that will generate three thousand (3,OOO) one-directional vehicle trips per day or two hundred fifty (250) one-directional vehicle trips in anyone-hour period must submit a traffic impact analysis along with the master plan. The analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes, capacity of street systems proposed or affected by the development, and the phasing of improvements. When a subdivision will not generate sufficient one-directional vehicle trips to warrant a traffic impact analysis, an intersection analysis must be submitted along with the master plan. B. STREET RIGHT-OF-WAY WIDTH. Minimum street right-af-way width shall be as follows: Right-of-Way Width Street Type (in feet) Expressway. . . . . . . . . . . . . . . . . . . . . . . . . . .300 Maj or arterial....................... 200 Arterial. . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 *Collector. . . . . . . . . . . . . . . . . . . . . . . . . .. 80 *Local with mountable curb........... 50 *Local with swales................... 60 Marginal access...................... 40 -'1M rl'Jllt-ot...,. .1CSth _y ~ _ by .1gbt II) teet U tJIa pzon.1_ of ClYpIt.r 5. Art. IU. lee. 11 U. _It. C. STREET PAVEMENT WIDTHS. Street pavement widths shall be as follows: Street Type Paving Width (in feet) Collector ........ 4 or more 12-foot lanes with median 4 or more 12-foot lanes with turning lanes and median 4---12-foot lanes with turning lanes and, when required, median 2 or more 12-foot lanes with turning lanes, median optional 2---11 foot lanes 20 to 34 feet of pavement Expressway ....... Major arterial... Arterial......... Local. . . . . . . . . . . . . Marginal access... D. DEAD-END STREETS. Dead-end street shall be prohibited except when designed as a cul-de-sac. Such street shall not exceed one thousand three hundred twenty (1,320) feet in length except where natural geographic barriers exist and shall be provided at the closed end with a circular Adoplted April 4. 1"5. Ord1nanc. o,s-o~ ..."1..CS 6-11. Art. IV, 51.0 dedicated or private right-of-way with a diameter of not less than one hundred (100) feet at the property line and not less than ninety (90) feet at the edge of pavement or curbline. If a dead-end street is of a temporary nature, an adequate turnaround within the proposed right-of-way may be required. E. CONSTRUCTION IN MUCK OR CLAY AREAS. When streets or alleys are to be constructed in muck area, the muck or peat shall be completely removed from' the centerline (10) feet beyond the edge of pavement on each side. When gumbo or other plastic clays are encountered, they shall be removed within the roadway area one foot below the subgrade extending horizontally to the outside edge of the shoulder area. The design of streets proposed in excessive muck areas shall be considered on an individual basis. F. MATERIALS. Streets shall include a subgrade, base and wearing surface in accordance with current city standards. Local streets shall be paved with one and one-half (1. 1/2) inches of Type II asphaltic concrete surface course on an acceptable base with a stabilized subgrade producing a fifty (50) p.s.i. Florida bearing value. All other streets of higher classification shall be paved with one and three-quarters (1. 3/4) inches of Type II asphaltic concrete surface course on an acceptable base with a stabilized subgrade producing a seventy-five (75) p.s.i. Florida bearing value. Acceptable base material shall be limerock or approved local shell having an eight-inch compacted thickness or the equivalent of sand asphalt plant mix meeting state standards. An alternate of Type I asphaltic concrete may be used and shall be one and one-quarter (1 1/4) inches thick on local streets and one and one-half (1 1/2) inches thick on all streets of higher classification. G. ALTERNATE TYPES OF PAVEMENT, BASE AND SUBGRADE. Alternate types of pavement, base and subgrade which, in the opinion of the director of development, are equal or superior to those specified may be approved. Application for such approval shall be accompanied by written data, calculations and analyses which show, by accepted engineering principles, that the alternate types are equal or superior to those specified. H. STABILIZED SHOULDERS. Stabilized shoulders eight (8) feet wide shall be provided for distress lanes unless paved lanes are provided. The shoulder shall consist of a six-inch layer of soil having a minimum of fifty (50) p.s.i. Florida bearing value for local streets and seventy-five (75) p.s.i. for streets of higher classification. Where sod is desired, it shall be installed prior to acceptance of the subdivision. As an A4opt.4 April., 1"5, Ord1D.Dc. 0'5-02 ..,,1..d 6-12 Art. IV, S10 alternative, six (6) inches of stabilization may be left four (4) inches below finished grade. No time extensions will be granted on the basis of incomplete stabilized shoulders. I. STREET GRADES. Street grades shall be determined in relation to the drainage installations for the subdivision. Street grades shall not exceed two and one- half per cent (2 1/2 \) unless adequate protection for erosion is provided. Swale section grades shall not be less than thirty hundredths per cent (O.3\) and guttered section grades shall not be less than twenty hundredths per cent (O.2\) unless otherwise approved by the director of development. Road drainage shall be shown on development plans by direction, per cent of fall and with a centerline distance between control points. J. SWALE AND SWALE GRADES. Swale grades within the right- of-way shall comply with current city standards including, but not limited to, the recreation and parks department policy and procedure manual. Runoff may be accumulated and carried in swales or guttered sections in the right-of-way along streets in accordance with the maximum flood lines shown in the current city standards. Water in excess of these quantities shall not be carried in the street swale or gutter but shall be diverted into storm facilities. K. STREET JOGS PROHIBITED. Local street jogs with centerline offsets of less than one hundred twenty-five (125) feet are prohibited. L. MARGINAL ACCESS STREETS. Where a subdivision abuts an arterial or higher classification street and adjoining property owners desire access other than at street connections, a marginal access street shall be required from an intersection to the edge of the subdivision. M. LOCAL STREETS. Local streets shall be laid out so as to discourage through traffic. N. RAILROADS ON OR ABU'ITING SUBDIVISIONS. When a subdivision borders on or contains a railroad right-of- way, a street approximately parallel to and on each side of such right-of-way may be required so as to permit appropriate use of the intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts. O. HALF STREETS. Half or partial streets are prohibited except where essential to the reasonable subdivision of a tract in conformance with the thoroughfare plan and these regulations. In addition, satisfactory-assurance for dedication of the remaining part of the street must be Adopted Apr11 4. 1"5. Or41aaac. 0'5-03 .."l..d 6-13 , Art. IV, S10 provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street may be required to be dedicated and constructed within such tract. A proposed subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these regulations shall dedicate right-of-way along either one or both sides of said street so that the minimum right- of-way requirements of these regulations can be met. P. THOROUGHFARE INTERSECTIONS. Minimize the number of driveways and access roads which intersect thoroughfares and design these driveways and access roads to allow for signalization. Q. STREET NAMES. Proposed streets which are in alignment with other existing and named streets shall bear the same name as the existing street. All other street names shall include a modifier such as street, lane, avenue, boulevard, drive, place, court, etc. and shall not duplicate or be phonetically similar to existing street names regardless of the use of the modifier. R. ALIGNMENT, TANGENT, DEFLECTION, RADII. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two (2) streets are prohibited. The point of curvature of any local street shall not be closer than one hundred (100) feet to any intersection. All intersections shall be designed to provide adequate stopping and sight distance in accordance with the current edition of A.A.S.H.T.O. standards. When the centerline of a local street deflects by more than ten degrees (100), it shall be curved with a radius adequate to assure safe sight distance and driver comfort. Property lines at street intersections shall be a minimum of thirty- five (35) feet long and street pavement radii shall be a minimum of thirty (30) feet. S. STREET MARKERS. One street marker as prescribed by current city standards shall be provided at each intersection eight (8) feet from the edge of pavement on a radial line that bisects the intersection radius curve. T. SIDEWALKS. Sidewalks shall be four (4) feet wide within local street rights-of-way and five (5) feet wide within all other street rights-of-way and shall be constructed of 2500 p.s.i. concrete. Driveways and commercial areas shall be six (6) inches thick reinforced with six inch by six inch (611 x 6") ten-gauge wire mesh. In other areas, thickness may be four (4) inches. The cross slope shall be one-quarter (1/4) inch per foot. Sidewalks shall be placed within the right-of-way one foot from the right- t Adopted April 4. 1995. Ordinance 095-02 Revi..d 6-1.4 Art. IV, S10 of-way line unless otherwise approved by the director of development. u. COLLECTOR ROAD DEDICATION. Collector roads within subdivisions shall be dedicated as public streets. V. LOT ACCESS. Individual lots shall have access to an internal street system. W. LIMITED ACCESS EASEMENTS. Limited access easements shall be provided along collector and arterial roads. X. CROSS ACCESS ROAD. Provide cross access roads between commercial sites wherever practical to minimize trips on nearby thoroughfares. Y . ALTERATIONS TO MEDIAN STRIPS. 1. Whenever alterations of median strips are deemed necessary by the City Commission for the promotion and protection of the health, safety and general welfare of the community, the costs for such alterations shall be borne by the developers or property owners of such land development projects. 2. No building permit shall be issued for the construction of any building, structure or other development of property until the plans and specifications for required median strip alterations has been approved by the Florida State Department of Transportation and by the city's police chief, fire chief and director of development, and until the developers/property owners have submitted surety for one hundred ten per cent (110%) of the cost of alterations as described in Chapter 7 of the Land Development Regulations. Section 11. Street lighting. Where street lighting is installed, it shall be installed on all local and collector streets, at each intersection, at the end of cul-de-sacs, and wherever, in the opinion of the director of development, a dangerous condition is created. Between intersections, streetlights may be engineered for security purposes only. Streetlights shall be wired for underground service except where aerial service is permitted by Section 13 of this article. Se~tion 12. Bicycle/pedestrian paths. Bicycle/pedestrian paths shall be eight (8) feet wide. In driveway and commercial areas, the surface, base and subgrade requirements of Article IV, Section 10, subsection F shall be met. In other areas, one inch Type II asphaltic concrete on a four-inch thick compacted base of locally approved limerock or shell Adop~.d April 4. 1"5. Ordinance 095-02 Revi..d Aoril 26. 1995 (Scrivener's error corrected) 6-15 Art. IV, S12 shall be used. When bicycle/pedestrian paths are not located within road rights-of-way, the base shall extend six (6) inches from each side of the surface and muck shall be completely removed below the base. Three-quarter (3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one-quarter (1/4) inch per foot. Section 13. Utilities. Utilities, including power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights and gas shall be installed underground. This section shall apply to all cables, conduits or wires forming parts of an electrical distributions system including service lines to individual properties and main distribution feeder lines delivering power to local distribution systems, except that it shall not apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substations and transmission lines of other utility systems, or perimeter lines located adjacent to the subdivision. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distributions system may be placed above ground, but shall be located so as not to constitute a traffic hazard. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. Underground utilities are not required in subdivisions of less than twenty-one (21) lots. The director of development may waive the requirement for underground installation if the service to the adjacent area is overhead and if it does not appear that further development in adjacent areas with underground utilities is possible. Any new service which is allowed by the waiver herein to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by this ordinance. Section 14. Utility installation. After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any material is applied, all underground work for the water mains, sanitary sewers, storm sewers, cable television, gas mains, telephone, electrical power conduits and-appurtenances and any other utility shall be installed completely through the width Adop~.d April.. 1"5. ardlnanca 015-0% .."1..4 6-~6 Art. IV, S14 of the street to the sidewalk area or prov1s10ns made so that the roadway or right-of-way will not be disturbed for utility installation. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. Section 15. Median strips and entranceways. A. MEDIAN STRIPS. Median strips which are part of a dedicated or deeded right-of-way may not be utilized for any purpose other than by the city or a public utility. If a developer desires to beautify a median strip in a subdivision he may do so by placing grass and shrubs of small root structure within the median strip under permit issued by the director of development after submission and approval of landscaping plans. In addition, adequate irrigation systems shall be provided by the developer. B. SUBDIVISION ENTRANCEWAYS. Subdivision entranceways consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Decorative entranceways must be constructed upon plots of land adjacent to a right-of-way in compliance with the zoning, building and sign codes and must not constitute a traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets. Section 16. Pire hydrants. Fire hydrants shall be no more than three hundred (300) feet apart and the remotest part of any structure shall be no more than two hundred (200) feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, fire flow of at least one thousand five hundred (1,500) gallons per minute shall be provided as a minimum standard. Exceptions: In one and two (2) story residential subdivisions with not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred (500) feet apart but not more than three hundred (300) feet from the center of any lot in the subdivision. The system shall provide flow capacity of at least five hundred (500) gallons per minute in addition to maximum day domestic requirements at specified residual pressures. Section 17. Traffic control devices. The design of traffic control devices shall be in accordance with the manual for uniform traffic control devices. Adopted April 4. 1995. Ordinance O'S-O~ Iteviaed 6-17 SE\- BY:Shutts & Bowen :12-'0-96 :'C::3~M Shutts 80 Be'tIe"'" '~073n6357; # rn rn@~uw l PlANNING AND ZONING DEPT. SHUlTS & BOWEN ATIORNEVS AND COVNSEIl.ORS AT LAW ,... PARTNlIISlIJP INCUIDING PllOFISS1ONAt ....SSOCi...1l0NSI '500 M1AMt CIlNTllR tal SOV'l'H Il!SCAYNB BOVU:VARD MIAMI, 'Ft01I~A331'1 MIAMI (305) '''-8300 llJIIOWAllD (S05) 487.ea~' FAC$IMILE \S05) 381-99&2 ,December 10, 1996 VI~ PACSIMYLE .0'/375-6357 Me. Tambr1 Heyden Planning and zoning Director C1ty of B.nton Beach 100 East Benton Beach Benton Beach, Florida Boulevard 33425-0310 Rez Quantum AI.ociates - NOpe to DR! and PID Use Approval near Tambr1: Becau.. of my inabilit.y to attend tonight I B Planning and Development Board Meeting, I would appreciate your distribution of the enclosed memorandum to the Board members for their consideration at tonight'. meeting. Please CAll me at your earliest convenience if you would like to discus. any of my comments. Very truly yours, JGW/erRW Enclo8ure eel Steven E. Plvel, Esquire w/enclcaure (Telecopy 317/263-7038) Susan Deleqal, Esquire w/anclolure (Telecopy 954/453-2030) OIUe>>Jt'.1.1MW ",""~nD"'M O'lteE IUll.OPA aOULIVAll.J)" tQl3..1l Ah(STtRO""'. ':'Hl ~ITliE!\L..NtlS ~t!PHONE OI'.'''O''''''lMO .,"'"",... Cll'~:I:).""'14" I(I\' LAIIGO DJ'I'lCI <X:'''H lIIIV cwa II OCUN lllU 01\_ sum ...tot. CX:.,.N UfP ,u.~ xn IoAIIGO. flJ:>1\I0"lICSl l1lU'KQNl! ''lilt) "'-",1 ..ONDON O,ftU . NO""''':' t1'llJI"r ..OliWN W1V In IlJllJ.ANl> ttUtMONIOn14n,..n.484C ,^CSllmU Oll...mH",..IH CIlILANDO OFFIC5 10 NORT>! Oll."HGE "Vt1'l1iJ $~11lCCl 011.1.1'>1'11)0, 1'I.01\ID" 11<<\1 't'tL!E'>{ONBI407I.ra.SfO() ""CSIMIl,E [401141$.'311 WilT ....L"" alACH OF'fICli ONE CUlAIIUKE CIN'\'l\&, SlIm:.IOO I"" AUSrl'Al.IAN AVtmiE 5C1J1'I' ....ST 'Au..IUACK, ,vn.llu, "4<'1 .....I.NG M>DUU p, Q. lOX_ WIST PALM A"CK. 'LORlDA Ima.1:lM TlU!'KoN.l~aT,_OO ~^CSIMILE (oon_u:lO '--._-,.,_._------'~ - --". .--..----.. ~_._~-_.----------- - SENT oY:Sh~~ts & 6~wen ;12-IC-9S ;10:54AM Shutts & 9owen-l ~':'J73::t3:; ;; MEMORANDUM TO: CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARI: C/O MS. TAMBRI HEYDEN FROM: JAMES G. WILUL~, ATTO~Y FOR QUANTUM ASSOCIATES SUBJECT: USE APPROVAL AND MASTER PLAN MODIFICATION DATE: Deceml::ler 10, 1996 Due to an unavoidable conflict, I will not be abl.e :0 personally attend tonight's Planning and Development Board mee:i~~. Therefore, r would like this letter to be made part of the recc:c considered by you as you make your recomme~dations at tonig~~'s meeting'. ItArn 7.B. - u~~ ~proval. I concur with staff's recommendation on the Use Approva: and have no objections to thi Conditions of Approval set fort~ in Exhibit "C", Attorney Susan Oe1e981 trom the Holland & l<niq:-.t :a..... firm, representinq BGI Industries, Inc., will be at toniqtt's meeting on behalf of BGIo Please cor-sider any co:m=.er.~s desired to be made by Ms, Delegal. Paraar~h 7.C.l. Ma~tp.r Pia~ MOdification. The following comments relate to the correspond:..ng: y numbered comments contained in Conditions ot Approval set forth in Exhibit "!)" to the staff report: 1, We object to the deletion of note 4. This note ...as specifically negotiated and approved by the City Co~~issi~~ last July after input by the developer, City staff and Mr. Greg Stuart from DCA. In fact, Mr. stuart specifically approved the languaqe of this note. The effort by City s~aff to delete note 4 at this time 1s inappropriate and bea~B ~o connection to the land use change involving the BGI transa~t1on that is betore the Board. 2. Agreed. This change has been made on the revised Master Site Development Plan dated Dece1t'ber 6, which was delivered yesterday to City staff. --.-...___. .-...__.... _'_.0 ....... ._".. SENT 3Y:Sh~tts & Bowen :12-10-96 ;10:54AM ; Shutts 81 :!ow~~n" 14073756357;: 3 3. We request condition 3 to be deleted. We see no purpose served by this condition. If the revised land use is appropriate, it should not ~~ke a difference when the buildinq per.mit is obtained. 4. Aqreed. Associates. These fees will he paid by Quantum I apologize aqain for my inability to appear before yo~ this evening, hut I appreciate your consideration of the foregoing comments. JGW/smw cc: Susan Deleqal, Esquire Steven E. Fival, Esquire 0ItL.IIIS 3011.1 . W/ftN 2 ',-~~--.-'-"-- . , _.".."'-_......_--~ 100 ~. 'Boynton 'Btadr. 'Boukvarrl P.O. 'Boi(310 'Boynton 'Beam. %nir14 33425-0310 City 9lafi: (407) 375-6000 :JJU: (407) 375-6090 fJ1ie City of 13oynton tJ3eacli To: & . /' /i' . .//'n .PAl) Vt:..&A/U"I..i. C/ Fax: C)07. Lf;/~:'-- ? 3 /(~ From: Planning and Zoning Department < ! ' I'~ l,r' "7/ ~/ / I I ,P Date: Pages: (number of sheets including cover sheet) d8 F'v- J) Ora .,~J~ (L .i"> (!.fI7f: / f, Jfl-:U Comments: /, , 0;1.1. /l.f: In....,' VO' " fj .~ -/~/ _J'(~ _. 1/ ia/{'Z).~j '13)~,ft.; Irj;~ -/- (J..a-t) O~_,hL-I.X,. "1 . 1 o/~' ~ ") (~--t, 1-41: --1'.<...., C"'-' f!1.....-,x'....-oc'. . {I ....., I'r'~ l_ I...f,/ I /!" ~ J ? r:f r:-/;.~-r("! , ,V,!,j ':i\r {I ( SENT BY:Shutts & Bowen ; 1 , -25-96 , :34PM Shutts & Bowen'" 14073756357:# , SHUTTS & BOWEN AlTORNEYS ANC COUNSSu.oRS AT LA IN rA rA~1l'l1ll5111!' INCLUDING l'1\OPEUIONAL ASSOCIA TlONSl 2D NOUN Oll"NOE AVENUE SUIT! 1 000 OllI,.<l,NDO. PLORIDA 32SD1 TKLlP"ONi (407) oll3-3200 FACSIMIL5 (401) tz~.al0 November 2~, 1996 via FACSIMILE 407/375-6357 Ms. Tambr1 Heyden Planning and Zoning Director City of Boynton Beach 100 Ea8t Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: Quantum Park/BGI; PID U.e Approval Reque.t ", II Dear 'l'ambrl: On behalf of Quantum A..ociat.. and in accordance with the City PID Di.trict Zoning Regulation., request 1s hereby made to the Planning and Development Board to approve the us. ot the following lots within Quantum 'ark .R a co.metlcR and perfume manufacturlng facility and ancIllary office u...z Lot. 32, 33, 34A, 348, 35, 36, 37 and 38, Quantum Park at Boynton Beach, 'ID 'lat No.3, Plat Book 60, Page 29, Public Recorda of Palm Beach County, Florida. We belleve the ule of the above d..cl:1bed property .a a manufactu~ing and office facillty is conaistent with the intent and purpo.e of the PID District and will not conflict with any of the performance standarda set forth in Section 4.H. of the City zoning Code. I have requested the representatives of the proposed user, BOI InCultrie., Inc., to respond to the Ipecific performance Itandardl by separate tranlmittal. I will try to have this .ent to you as ~oon as POB8ible. AM51WRDAM OPI'lCI! iUl\OPA iOVLBYAllJ:l S' 1081 AD AMJi'lRD.A.'" nil NITHULNmI TllUil'KQl<IOII-)IJO-I8\-'" '...CStMUZ 01t.3tiZtI....U.14TI lIlSY URGO Q.PIl;' OCIAN IIU. cun 31 OCIAJol NIli' g"IVI ~UITI! Ar!lli, O<:IAIIQI' ,LAtA ICIY l.A1\GO. I'LOI\IDA >>en nUl'HQl'Illl)O$IIlH., I.ONIlON omCI .. MOUNT sTIlnr I.ONIlON W1V."11IHGLAN'D TE~'_I OII.44171...".4e40 FAC:SIMJt,.1 D11-44171...."-4I" MIAMIO"'':R ISco MIAMI CINTIIl 101 SOl.lTM W15C4Y1fE aoUUVAItD MlAMJ.l1.OllIllA a.J'~' MIAMlllO$lW-4S<<l lI\oWARo(JOIIiI..7.", PACIIMlLa (Iolla,-ool.l WilT PALM BBACM Q,PlCll 0>< E CUARl.AU C"l"ll'. JVml500 ~OAV~AUANAY~'Ovm WUT ''''~I '....CH. PI.Ol\lllA 3340\ MAIlmG ,o,ODllnl p, 0.'0l< n5' WlSTl'lIl.M alACll, PLOIIIDA ,",2.au' TlLlPHONII407JIU'lIIllll fi\l;IIMI\.Ii lilI?! 'SO'_ .....__... r: .... SENT 6Y:Sh~tts & Bowen ;'1-25-96 1:34PM Shutts & Bowen" 14073756357:# 2 Ms. Tambr1 Heyden November 25, 1996 Page 2 Your coopera~lon in having this U.. Approval reviewed at the December 10 PAD Comml.81on he.ring is greatly appreciated. JGW/smw ,;$, . wtr{!:i CC: Steven E. Fivel, Esquire (Tel.copy 317/263-7038) Carrie Parker (Telecopy 407/375-6090) Susan Delagal, Esquire (Telecopy 305/463-2030) ORlJ6 31580.1 . 8WI " _..__...,_..t, If1ie City of 'Boynton 'Beacli "~",,y 100 'E. flJoynton flJead'r. tJJoukvartl P.O. flJo~310 'Boynton'Bulcfr., %nUla 33425-0310 City ?fall: (407) 375-6f)(J() :TM: (407) 375-6090 October 25, 1996 Mr. Gonzalo Ravago, Project Director B.G.1. Industries 1441 S.W. 33rd Place Ft. Lauderdale, FL 33315-2861 Re: B.G.1. at Quantum Park - northeast corner of Quantum Blvd. and Gateway Blvd. (approval process) Dear Mr. Ravago: This letter serves to reiterate the approval processes, as discussed during the city's site selection presentation to B.G.1. in July of this year and again on October 23, 1996, to locate a cosmetic and jewelry manufacturing facility at the northeast corner of Quantum Boulevard and Gateway Boulevard within Quantum Park. These customary approvals include the following: 1. Notice of Proposed Change - This is an amendment to the Quantum Park DRI (Development of Regional Impact) to modify the current Quantum Park master plan designation for the lots B.G.1. is interested in developing as manufacturing use rather than office use. This is not a city application, although the city jointly process it, but rather a Treasure Coast Regional Planning Council application. I have given Gordon Lunt the phone number and contact person in Stuart, Florida for the application and process details. This application requires a revised master plan showing the use change for the affected lots, as well as a traffic study, comparing the traffic generation differences in office use versus manufacturing use of the affected lots. Mr. LunUnforms me that a traffic study is already under way. 2. Use Approval- Quantum Park is zoned PID (Planned Industrial Development). For flexibility and advances in technology, there is not a predetermined list of permitted uses for this zoning district. For uses that have not yet been approved in Quantum Park, such as cosmetic and jewelry manufacturing, a letter of submittal, describing all facets of the use proposed and how the city's performance standards will be addressed is necessary. J'tmerial's (jateway to tfu (jut/stream Page 2 B.G.1. at Quantum Park 3. Site Plan Approval - A formal application is available from our office for this process that is to accompany submittal of your site plan, survey, paving and drainage plan, landscape plan, utility plan and lighting plan. 4. Environmental Review Permit - A formal application is available from our office for this process as well. The application requires a description of the manufacturing processes and chemicals and materials used and stored. Unlike the procedures for the above, and any variances that may be desired, this process is administrative. 5. Parking Lot Variance - Based on our discussion of your October 23, 1996 conceptual site plan, if you find it necessary to provide additional driveways, a parking lot variance will be necessary. A formal application is available from our office. It would be helpful to include with this application, the traffic study that is under way. 6. Board of Zoning Appeals Variance - Based on our discussion of your October 23, 1996 conceptual site plan, if you cannot meet the requirement of 1 1/2 parking spaces for every two employees on a maximum shift, a variance, reviewed by the Board of Zoning Appeals, will be needed. This same application is necessary to reduce the width of the 25 foot wide greenbelt. All the above application's can be processed simultaneously. However, once you complete the traffic study, you could submit the notice of proposed change and use approval in advance of the rest of the applications, since the latter require preparation of a site plan. Once you are ready to assemble any of the above-applications, please give me a call so that I may advise and assist you with submittal requirements. Sincerely, , ;/ 1{j~A~;1ifv ~bri J. Heyden, AICP Planning and Zoning Director TJH:dim xc: Central File C:\WPWIN60\WPDOCS\CORRESPD\BGI.WPD j 0: D cf' 0;::: ~ ~ ('J c ~~ 3.... ~~po~~OJc: ~ 'a'l))?;.-e~G; ~ .... 0 ,.. ~ ?~o~ '::r,L '"" ()<1 ~ c ..,,~ _ 0'<:; ('J < 0,," l)):a po S)' \!1. ':Q o S -;.: ~ \a 'U\ "5 ....~1Il (") ~~ g 'ft So- % <a, ~ c. .-e ~ ?; 3 ~ g O)'a'o..('J ~ ~ t"""\ .... C'~ .... ~g'-(") ~ g'{JQ g (fl 0: ~>e l)) 2 .... 0 ~1Il S o ~ '=' ~-a ~~.....(t~ a. 'g 6 6~ ~ ~ ~. ~ O)(")(/)-\ -.O(\)-=" O-.c;))(\) ,L-o-' .c..O(")~ ~-.::r-' 0-~t"'!r3 _(\)O-=" ~ ~O c;)) c;))c;))c(/) 5'~~~ ~c;))~~ ~~O O-?~ c;)) (\) 0- ~ -a ('J (") tit"':' ~~ .-e<;l. e.< 3~ ~ ('Jog ~o 0;:::P- ()~ o 0 s~ ':;g. ,o('J ~~ C'.. 0 ~(fl (lCl' H"'~% ~%:~ ~ c ~ .... (t C'..-l ~ .-e ~ ~ '=' .....~ (fl-a \J, 0;:::0 ~~ C')~ ~ I _ '6. 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(t S-('J ('J . ~ g ~ ...... .... -. ~ ~ . ~ (t ..... ~ (fl ... ..... :2 (D tl) IJl (D ~ ell 0) g - m o ,I \~ \\ . l:3 \\',' ~ ~ \\\. (0 "" \~" -,' .."".~ \0 GSGS II ~ t~-:=l (;" ~ \\~ ~%". ~ ~_.~ ~ 1'< ~ '.\OJ I SE (;> ,_ ilJ ~~~?- ~ B .~( ~ ~ ~ ~ ~ ~ ';t ~ r.p.. r ~ VJ ~ 'i "i , ".\ '\ z ~~:jS "\'" iIft ~ 0 (t) tI\ " 0 -0 ~ ~ ~ \~ i ~cr'ia-o I ~ (I)~~'"u,:!.Q-,:::=:CI' li~<B:rS \.. <&'a~tI\ :~~~~O)" \ . ~~1ft ;, 0 0 , 0) , ~g ~c (I).... .... :.0 ,+" >:, _, ~ \0.. / / Company aw~iting incentive packages from each county BGI From 1 0 company is waiting for final num- bers to compare incentive pack- ages offered by each county. "We're hoping a decision will be coming sometime next week," he said. Palm Beach County is expect- ed to' offer the company $750,000 from its Job Growth Incentive Fund, a portion of which will cover the 20 percent match required for BGI to qualify for $1.25 million in tax rebates from the state. Broward's package is similar, but includes less job-based incen- tive money. Broward has a $1,000- per-job cap while Palm Beach County is able to offer up to $2,000 per job. BGI is looking for 25 acres on which to build, Goodman said. BGI chose South Florida primarily be- cause of its transportation links to Latin America. It's often easier for BGl's Colombian executives to get to Miami than it is for them to get to Peru, Goodman said. 'To some extent, all roads lead to Miami from Latin America.' ANDREW GOODMAN, Director of finance for SGI "To some extent, all roads lead to Miami from Latin America," he said. Goodman said the company considered sites in Dade County but found land prices too high. The proposed plant would be the com- pany's largest, he said. Lou Sandora, vice president of international marketing for the Broward Economic Development Council, said he hopes Miramar's proximity to the Fort Lauderdale and Miami airports will sway the company. Sandora likened the company's high-end products to those of Clin- ique. "It's a very strong, credit- worthy company," Sandora said.