CORRESPONDENCE
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':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
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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
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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
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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
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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
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Kimley-Horn
and Associates, Inc.
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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
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TEL 407 898 1511
FAX 407 894 4791
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Suite 200
The Carr Building
3113 Lawton Road
Orlando, Florida
32803
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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.
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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; #
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PlANNING AND
ZONING DEPT.
SHUlTS & BOWEN
ATIORNEVS AND COVNSEIl.ORS AT LAW
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'500 M1AMt CIlNTllR
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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)
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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
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'Boynton 'Beam. %nir14 33425-0310
City 9lafi: (407) 375-6000
:JJU: (407) 375-6090
fJ1ie City of
13oynton tJ3eacli
To:
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From:
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Date:
Pages:
(number of sheets including cover sheet) d8
F'v- J) Ora .,~J~ (L .i"> (!.fI7f: / f, Jfl-:U
Comments:
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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.
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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
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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.