LEGAL APPROVAL
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ORDINANCE NO. S 1-.5/
ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A COMPREHENSIVE DEVELOPMENT OF
REGIONAL IMPACT (DRI) FOR A PROPOSED INDUSTRIAL
OFFICE PARK COMPRISING OF APPROXIMATELY 539 ACRES
LOCATED IN THE CITY OF BOYNTON B~~CH, FLORIDA,
PURSUANT TO CHAPTER 380, FLORIDA STATUTES 1984,
SUBJECT TO SPECIAL CONDITIONS, DESIGNATING
THE CITY MANAGER OF BOYNTON BEACH AS THE
LOCAL OFFICIAL RESPONSIBLE FOR ASSURING COMPLIANCE
WITH THE DEVELOPMENT ORDER
WHEREAS, RITE CO DEVELOPMENT CORPORATION, a Florida
Corporation, has filed with the City of Boynton Beach an
Application for Development Approval of Comprehensive Development
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i'<,..!,;of Regional Impact; and
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1~~~~!;~1'';:'' WHEREAS, these proceedings relate to a proposed regional
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ii~~~;industrial office and commercial park comprising approximately five
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t~~~~~~dred thirty-nine and 9/10 (539.9) acres, located in the City of
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!~~~YBoynton Beach, Palm Beach County, Florida, generally east of
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;;~":, Congress Avenue -mld we!\t of Interstate 1-95; and
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~tS~ WHEREAS, the City Council of Boynton Beach, as the governing
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body having juriSdiction, is authorized and empowered to consider
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\-~'~~PPli~ations for development approval of developments of regional
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'"!:~~l~:u::t~J'P~~..;,..,~ursuant t...o _Chapter 380., _Flor:.J.da ~tatutes (1984); ~ and i"
:~jj.h"~?::..;'"': '~E'REAS, upon publication and furnishing of ~~ ~otice, a
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public hearing in these proceedings was held Octobe~ 23, 1984,
before the Planning and Zoning Board and November 8, 1984, before
the City Council of Boynton Beach; and
WHEREAS, said City Council has considered the testimony,
reports and other documentary evidence submitted at said public
hearing by Riteco Development Corporation, the Treasure Coast
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Regional Planning Council, the Boynton Beach staff, the Boynton
Beach Planning and Zoning Board, and the public; and
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WHEREAS, the City of Boynton Beach and the applicant, Riteco
Development Corporation, agree that the proposed Development of
Regional Impact, which is the subject of this Development Order,
will result in a substantial impact on the existing civic and
non-recreational facilities of the City of Boynton Beach. In
recognition of such impact, Section 34 of the conditions for
approval have been included herein.
WHEREAS, said City Council, has considered all of the
foregoing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Boynton
Beach, that said City Council makes the following findings of
fact:
Section 1:
A notice of public hearing in these proceedings
was duly published in The Post Extra, 9/6/84
,
a newspaper of
general circulation in West Palm Beach
, Florida pursuant to
Section 380.06, Florida Statutes, and proof of said publication has
been duly filed in these proceedings.
Section 2:
Upon consideration of all matters prescribed in
Section 380.06 of the Florida Statutes, it is determined that:
A.
The development is not located in an area of
critical state concern.
B. The development does not unreasonably interfere with
and is not inconsistent with the achievement and the objectives of
state land development plan.
C. The development is consistent with local land
,-" development regulations and is consistent with the report and
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recommendations of the Treasure Coast Regional planning Council on
file in these proceedings.
Section 3:
The City Council has concluded as a matter of
law that these proceedings have been duly conducted pursuant to the
provisions of Florida Statutes, Chapter 380, and, subject to the
special conditions hereinafter set forth, RITECO DEVELOPMENT
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CORPORATION is entitled to the relief prayed and applied for in the
Application for Development Approval (ADA).
Section 4:
The Application for Development Approval of
Development of Regional Impact filed in these proceedings and the
additional material submitted to the Treasure Coast Regional
Planning Council in these proceedings by-RITECO DEVELOPMENT
CORPORATION is hereby approved and the Development Order is herein
granted for the property known as the Boynton Beach Park of
Commerce, more particularly described in Exhibit "A" attached
hereto and made a part hereof, subject to the following special
conditions with which the Developer accepts and agrees to comply:
(1) The Boynton Beach Park of Commerce Application for
Development Approval is incorporated herein by reference and relied
'ji-,~r'" upon by the parties in discharging their statutory duties under
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J':""':"Chapter 380, Florida Statutes. Substantial compliance with the
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1~'~ representations contained in the Application for Development
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1:;:~/" :~'Approval is a condition for approval unless waived or modified by
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~ agreement among the parties, as defined in Subsection 380.07(2),
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Florida Statutes.
For the purposes of this condition, the Application for
Development Approval (ADA) shall include the following items:
~,~ ~,,:r.>J,~,""":.I.~'::~"'~:'"" fa) Boynton Be'ach- Park -of -Commerce ADA, submltted 1. e wIth
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, May 21;, 1;1:984; consJ.stert 11:....' t e ac L.-::JPrr.:::.o_ a,rod t;--e Qbj'2..'~ci\ es of
(b) Boynton Beach Park of Commerce ADA Supplement,
submitted July 26, 1984;
(2) In the event the developer fails to commence significant
physical development within three (3) years from the effective date
of the Development Order, development approval shall terminate and
the development shall be subject to further consideration pursuant
to Section 380.06, Florida Statutes. Significant physical develop-
ment shall mean site preparation work for any portion of the
project.
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(3) Clearing of specific building sites shall not commence
prior to the phase in which the site is scheduled for development.
(4) During land clearing and site preparation, wetting
operations or other soil treatment techniques appropriate for .
controlling unconfined emissions shall be undertaken and imple-
mented by the developer to the satisfaction of the Palm Beach
County Health Department, Florida Department of Environmental
Regulation, and the City of Boynton Beach.
(5) In the event of discovery of any archaeological artifacts
during project construction, the developer shall stop construction
in that area and immediately notify the Bureau of Historic Sites
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and Properties in the Florida Department of State. Proper
protection, to the satisfaction of the Bureau, shall be provided by
the developer.
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(6) The developer shall-preserve in viable condition a
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:~~~ minimum of forty (40) acres of Sand Pine Scrub canopy, understory
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':~~~/''':...and groundcover vegetation. Prior to commencement of any clearing
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activities, the developer shall survey the site to determine the
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numbers and distribution of any populations of the Gopher Tortoise, _
Florida Burrowing Owl, Florida Gopher Frog, Florida Mouse, and
Florida Scrub Lizard which occur. Sand pine Scrub preserve area(s)
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all populations of these species.
developed which:
(a) identifies and delineates the boundaries of Sand
A preservation plan shall be
Pine Scrub habitat areas to be preserved; -
(b) provides for the effective relocation into preserve
area(s) of any populations of the species of concern listed above
which occur outside of the preserve area(s) limits; and
(c) provides a management program for the Sand pine
Scrub preserve area(s) which will provide and maintain suitable
habitat for the species of concern which exist or are relocated
into the area(s).
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The above plan shall be submitted to the City of Boynton
Beach, Florida Game and Freshwater Fish Commission, Department of
Natural Resources, and the Treasure Coast Regional Planning
Council. No development shall occur until the plan has been
approved by all of the responsible agencies and the animals are
relocated in accordance with the approved~plan.
(7) Prior to clearing any scrub areas, the developer shall
provide sufficient notice to officials at Jonathan Dickinson State
Park so that they may make arrangements to obtain any plants which
would otherwise be destroyed.
(8) In the event that it is determined that any
representative of a plant or animal species of regional concern is
resident on or otherwise is significantly dependent upon the
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and immediately notify both the Florida Game and
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Fish Commission and the u.s. Fish and Wildlife Service.
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Proper protection to the satisfaction of both agencies shall be
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provided by the developer.
(9) The developer shall establish a vegetated littoral zone
of hardwood swamp/freshwater marsh habitat comprising a total of no
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N.Q~1~ss~th~Q~5~5c~c~~~5of3~h~~11-acre~i~~~ral_~on~ ~equi~~~e~~
shall be maintained and comprised of species that are
representative of hardwood swamp habitat found on-site including
but not limited to swamp bay, dahoon holly, and pond apple in
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association with a typical herbaceous layer of ferns and other
native indigenous hydrophytic vegetation. The littoral zone
habitat shall be fully vegetated with native plant species and
occur from lake control elevation to a depth of three feet below
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control elevation. In addition, the developer shall preserve
on-site six acres of seasonally flooded wetland habitat designed to
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be of value to fish and wildlife species and consisting of native
vegetation typical of such habitats.
Prior to commencement of construction for any phase of
the project, the developer shall prepare a design and management
plan for all wetlands or littoral zones that will be a part of that
phase. The plans shall:
(a) include a topographic map of the wetland or littoral
zone, or include typical cross sections:
(b) specify how vegetation is to be established,
including the extent, type, method and timing of any planting-co-be
provided: and
(c) provide a description of any management procedures
to be followed in order to assure tpe continued viability, health
and function of the littoral zone or wetland.
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The plan for each phase shall be subject to approval by
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'~f,.Regional Planning Council. The plan shall be implemented and work
inspected no later than eighteen (18) months after each lake is
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(10) In accordance with the following provisions, the
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developer shall provide and maintain a buffer zone of native upland
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preserved or constructedC on-5i te-,.:iC The_ buffer.. zone_ mayconsist~ of
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preserved or planted vegetation but shall include canopy,
understory and ground cover of native species only. The edge
habitat shall begin at the upland limit of any wetland or deepwater
habitat and shall include a total area of at least ten (10) square
feet per linear foot of wetland or deepwater habitat perimeter.
This upland edge habitat shall be located such that no less than
fifty percent (50%) of the total shoreline is buffered by a minimum
width of ten (10) feet of upland habitat.
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(11) During construction, all Melalueca, Brazailian Pepper and
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Austrailian pine which occur on-site shall be removed. Removal
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these species. There shall be no planting of pest exotic
vegetation on-site.
(12) The surface water management system shall be designed and
constructed to retain, as a minimum, the first one-inch of runoff
or runoff from a one-hour, three-year storm event, whichever is
greater, from all building sites, parking areas and internal
roadways. Where depressed truck wells are constructed in a manner
which would preclude retention of the first inch of runoff from the
well's impervious surface, the retention requirement shall be
waived and the truck well drainage system shall be designed and
maintained to include oil and grease receptors and open bottom
sedimentation sumps as pollution retardant structures. Parking
areas and roadways to the truck wells shall be designed to divert
runoff to storage and exfiltration systems on-site prior to
discharge into the surface water management system. Condition 16
shall apply where hazardous materials will be used.
(13) No unfiltered runoff from parking areas and roadways
shall be discharged directly into any wetlands.
(14) The surface water management system shall be designed and
constructed to maintain existing normal seasonal water table levels
and hydroperiods.
(15) As part of the annual report required under Section
380.06(16), Florida Statutes, the developer shall provide a list of
all industrial tenants, including a description of their activities
and the four digit standard Industrial Classification Code appli-
cable to the operation. A copy of this list shall be provided to
the Department of Environmental Regulation, the South Florida Water
Management District, the City of Boynton Beach, and the agency
delegated the authority for maintaining, updating, and verifying
the master files for hazardous waste generators in Palm Beach
County.
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(16) Prior to occupancy, each specific tenant or owner that
uses, handles, stores or displays hazardous materials or generate~
hazardous waste shall meet the requirements of this Condition 16.
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For purposes of this Ordinance, "hazardous materials" and
"hazardous waste" shall mean those certain 127 priority pollutants,
volatile organics, and trace metals referenced in the Clean Water
Act administered by the Environmental Protection Agency (as may be
amended from time to time). The tenant or owner shall construct an
appropriate spill containment system which shall be designed to
hold spilled hazardous materials for cleanup and to prevent scrcn-
materials from entering the storm water drainage system. In
addition to a containment system, tenants or owners shall also
develop an appropriate early warning monitoring program. The
'-" containment system and monitoring program shall be acceptable to
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or where hazardous wastes are generated.
The developer shall
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impose these requirements and the obligation to remediate any
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contamination on each industrial tenant or owner in an appropriate
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covenant~and restriction which shall be approved by the Department
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reserves the right to inspect all buildings within the project,
during normal working hours.
(17) The developer shall develop a hazardous materials
contamination response plan for the development within one year of
the effective date of the Development Order. The plan shall be
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reviewed and approved by the City of Boynton Beach in consultation
with the South Florida Water Management District, the Palm Beach
County Emergency Preparedness Division, the Department of Environ-
mental Regulation, and the Treasure Coast Regional Planning
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Council. The plan shall identify appropriate measures for
contamination response, including, but not limited to:
(a) provision of equipment and trained personnel on-site
or a contract with a contamination response firm meeting Florida
Department of Environmental Regulation requirements, if found
necessary by the above referenced agencies to protect the ground-
water from possible contamination;
(b) specification of follow-up water quality monitoring
programs to be implemented in the event of contamination;
(c) specification of design and operational measures to
contain and direct contaminated surface runoff away from ponds,
canals, drainage structures and other connections to the surficial
aquifer:
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(d) specifications for the development and implementa-
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overall project early warning monitoring program; and
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(e) requirements for financial responsibility which will
assure cleanup costs will be provided.
C~- -(18~ -All requirements for nonpotable water shall be met only
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(19) A minimum of thirty percent (30%) of the landscaped areas
required by Section 7(H)(13), Planned Industrial Development
regulations, Appendix A, Zoning Code of Boynton Beach, less
waterways, as a part of specific site development shall be
preserved or replanted in a manner to enhance or recreate native
vegetation.
In addition, the fOllowing shall apply:
(a) the location of the areas of native vegetation shall
be such that the watering and fertilization of non-native areas not
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bridge over the E-4 Canal, but not the widening of the existing
bridge over 1-95.
(24) The developer shall have construction plans and a
right-of-way map prepared for construction by Palm Beach County of
double left-turn lanes on the east and west approaches to the
intersection of Congress Avenue and Boynton Beach Boulevard.
Surveys and design work shall be commenced within thirty (30) days
after issuance of the Development Order by the. City of Boynton
Beach. Completed plans and the right-of-way map shall be delivered
to the County within four (4) months after the date of the
Development Order. The developer shall contribute $141,000.00 to
the County within thirty (30) days after construction contracts are
awarded and construction has started.
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(25) The developer shall have a Feasibility/Justification
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Study and (subsequent) Environmental Impact Statement (EIS)
prepared under a contract which shall be approved by the City of
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Boynton Beach prior to execution of same, for an interchange
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between 1-95 and Northwest 22nd Avenue. The developer shall pay up
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to $200,000.00 of the cost of these engineering/environmental
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studies. The Feasibility/Justification Study shall commence within
thirty (30) days of the issuance of the Development Order and be
',;,",,,,-. completed wi thin two hundred (200) calendar days thereafter.
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E1S shall:commence upon-favorable review by the Departmentcof
Transportation of the Feasibility/Justification Study and be
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completed three hundred sixty-five (365) calendar days thereafter.
(26) When external trips generated by the project exceed
15,000 trips per day, the developer shall construct, or contribute
to Palm Beach County the cost of constructing, two additional lands
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on Congress Avenue, bringing it to a six-lane capacity, from
Boynton Beach Boulevard to Miner Road
If this improvement is
constructed by others at no cost to the developer and if neither
the State nor Federal government has indicated disapproval of the
1-95 interchange at Northwest 22nd Avenue, the developer shall
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contribute $900,000.00 toward construction of the interchange in
lieu of said Congress Avenue improvements; provided, however, tha~
if the contribution is not required for the interchange due to the
fact that the State or Federal Government has indicated
disapproval, the developer shall provide $900,000.00 to the County
to be used for improvements at the intersection of Boynton Beach
Boulevard and Congress Avenue and at the intersection of
Northwest 22nd Avenue and Congress Avenue to provide additional
capacity required if the interchange at 1-95 and Northwest 22nd
Avenue is not constructed. The contribution under this condiflon
shall not exceed $900,000.00 except as that amount is adjusted for
changes in the cost of living by a construction cost index using
T985 as the base year.
(27) The developer shall contribute $900,000.00, in excess of
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~~~: of-way acquisition and construction of an interchange at 1-95 and
! ~. Northwest 22nd Avenue at such time that the funding is needed to
commence with construction of the interchange. The developer shall
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also dedicate to the appropriate governmental agencies any inci-
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ragenciepo' _tbe 'de..veloper ~.hall, contribute $.900,000.00 ;to Palm- Beach
County for improvements at the intersection of Congress Avenue and
Boynton Beach Boulevard and the intersection of Congress Avenue and
Northwest 22nd Avenue when the project generates in excess of
15,000 external trips daily. This contribution shall not be
required in the event that the $9QO,000.00 contribution required
under Condition 26 above is allocated to improvements at these
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intersections. The contribution under this condition shall not
exceed $900,000.00 except as that amount is adjusted for changes in
the cost of living by a construction cost index using 1985 as the
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inhibit the management of the native vegetation areas in a healthy
state:
(b) a minimum of fifty percent (50%) of all trees and
shrubs used in landscaping shall be native species adapted to the
..
soil conditions on site; and
-~
ee) any scrub habitat set aside under condition 6 above
which is located on a specific site to be developed will be found
to meet this condition and to receive credit against condition 6.
(20) Generation and disposal of hazardous effluents into the
sanitary sewer system shall be prohibited unless adequate
pretreatment facilities, approved by the Florida Department of
Environmental Regulation and the agency responsible for sewerage
works, are constructed and used by project tenants or owners
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generating such effluents.
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~'~/f-::" energy conservation measures identified in the Treasure Coast
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(21) To the extent feasible, the developer should incorporate
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implement the energy conservation measures endorsed and/or recom-
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mended by the Development's architectural review committee. The
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energy conservation measures shall incorporate, at a minimum, those
., ~I-;~';:' ~nerg:yhcc:mservation <-measures identified .on ~pages -,25-4 through -; 25-7 i:.
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, Of~the Application for Development Approval. The guidelines, and
any subsequent revisions, shall be transmitted to the City of
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Boynton Beach for review, and to the Treasure Coast Regional
Planning Council.
(23) The developer shall construct an additional two lanes on
Northwest 22nd Avenue from Congres~ Avenue to Seacrest Boulevard
f;.:
including all intersection improvements at Northwest 22nd Avenue
and Seacrest Boulevard within five (5) years from the date of
recording of the first plat
This construction may be phased with
portions of the construction required through the limits of each
plat. The construction shall include all intersections and the
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(28) The developer shall monitor project traffic generation
annually beginning after development of one hundred thirty-two
(132) acres (not including R-O-W, retention areas or preserve
areas), and shall provide that information to the City of Boynton
Beach, Palm Beach County and the Treasure Coast Regional Planning
~ouncil. The methodology and scope of the monitoring effort shall
be approved by the City in consultation with the County and the
Treasure Coast Regional Planning Council. The results shall be
used to monitor compliance with Conditions 26 and 27 above.
(29) The developer shall provide signalization and turn lanes
at the intersection of Congress Avenue and the project access road
and at all project entrances on Northwest 22nd Avenue as necessary
to maintain service level C.
(30) Within ninety (90) days of the approval of the
Development Order, dedicate to Palm Beach County the right-of-way
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(31) Within ninety (90) days of the approval of the
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Development Order, dedicate to Palm Beach County the additional
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right-of-way for N.W. 22nd Avenue through the limits of the Park.
N.W. 22nd Avenue appears as a 108 foot arterial on the County's
',.,-l.~'" 'lL~o_rough~a};'e;~R}..an..~_ .di-Sapp!.ov-2C 0'1 ch re --'\.on s.:.u Q ~~-:'L.L ,..J -' ~. ,,,,d. ~ d._~
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_~{J~~t'i I_n- ~c~Ilne_ct~on wi ~h ..!.the }:'_equiremen~ t:q, -R~_t ~s_ipe ,f.or~y '- i
(40) acres of scrub habitat, within one hundred eighty (180) days
of the approval of the Development Order provide for the City of
Boynton Beach the legal description of the areas to be preserved.
(33) In connection with recommendation 6c which appears in the
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Regional Planning Council's report and recommendation, the
developer shall provide for the City's approval, documents which
will specify the nature of and responsibility for the continued
maintenance and preservation of the forty (40) acre scrub habitat
set aside.
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(34) The City of Boynton Beach and Riteco Development
Corporation agree to the following items concerning a civic and
non-recreational Impact Fee to be paid to the City:
(a) The City will enter into a contract (hereinafter the
"Contract") with Dr. James Nicholas whereby Dr. Nicholas will
prepare a study (hereinafter the "Study") with respect to civic and
non-recreational impact fees.
(b) Both Riteco and the City agree to be bound by the
Study.
(c) Riteco will fund up to $20,000.00 with respect t~
payments made to Dr. Nicholas under the Contract, said monies to be
paid to the City upon execution of the Contract and approval of the
Development Order.
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(d) In the event that the development of the subject
Project commences within 3 years after the issuance of the
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~ funded by Riteco pursuant to this condition 34. Otherwise the
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amount funded will not be refunded to Riteco.
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(e) Riteco will be entitled to review and comment on the
Study as it progresses, and will be timely provided copies of all
correspondence and other documents regarding the Study.
,>\..." 'tb-orCi"g~<-{ f) -; -The parties agree in concept that any impact fees be
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due an-d pay-able--:at -the time of issuance of ceri::iticate of occupancy and --;;~
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shall make such recommendation to Dr. Nicholas.
(35) In addition to the water mains proposed to be constructed
in Phase I as a part of project development east of the L.W D.O.
E-4 Canal, the developers of the Park will be required to extend
the sixteen (16) inch water main proposed to be installed in N.W.
22nd Avenue eastward to High Ridge Road and then northward on High
Ridge Road to tie into an existing sixteen (16) inch water main
within five (5) years of the date of the approval of the
Development Order. Also, in order to clarify utility construction
in Phase I, the following shall apply:
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(a) Any Park development east of the L W.D.D. E-4 Canal
will require the construction of all Phase I utilities as shown on
the master plans for utility construction; and,
(b) Any Park development west of L.W.D.D. E-4 Canal will
require the construction of all utilities shown over that portion
of Phase I plus an additional tie into the~existing sixteen (16)
inch water main on the west side of Congress Avenue at the
project's northern entrance.
(36) The developers shall comply with the memorandum from
~
P~rry Cessna to Carmen Annunziato under date of October 23, 1984,
which Memorandum is attached hereto as Exhibit "B" and made a part
hereof.
(37) All water mains proposed are to be accessible from either
a paved street, driveway, or parking area.
(38) The Park's developers shall dedicate to the City of
..;.- < Boynton Beach, a twelve (12) foot wide utility easement parallel
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and adjacent to the Boynton Canal between the proposed water main
canal accessing and High Ridge Road.
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(39) The Park's developers or assigns shall provide on-site
security during all phases of construction in the construction
areas.
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As it 'cis tne-stated::-intention of-the Park's developers to
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~Uppl@meht municipal 'police protaction 'with a private, centrally-:y and
located and housed, on-site security force, the following shall be
required:
a. All security alarms to be installed within the Park
are to be connected to the on-site security facility.
b.
It is required that the Park's developers submit to
the municipal Police Department the research employed as a basis
for vendor selection.
(41) N.W. 22nd Avenue shall be constructed with a landscaped
median, and the developer shall submit to the City of Boynton
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Beach, the landscaping and irrigation plans for review and
approval.
(42) Any of the Park's internal rights-of-way which are public
will be landscaped. The landscaping and irrigation plans shall
be submitted to the City for the City's review and approval, and
subsequent maintenance shall be the obligation of the City.
(43) The City and the Park's developer shall make respective
good faith efforts to comply with that certain letter from Wade
Riley to Peter Cheney, under date of October 22, 1984, which letter
is attached hereto as Exhibit "C" and made a part hereof.
(44) On or before the 15th day of February of each year,
Riteco Development Corporation, or its successors or assigns, shall
submit an annual report for the preceding year to the City of
.(Boynton Beach, the Treasure Coast Regional Planning Council, .the
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State Land Planning Agency, and all effected permit agencies, or
~ ~heir respective successors. The annual report shall include:
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(a) a complete list of tenants (and where applicable,
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their_~espec~iv~~our Digit Standard IndustrIal Classification
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Codes) located in the development during the preceding year,
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together with a description of the activities and operations of
each tenant and a map indicating their respective locations within
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st!;:5p~--e-nt (b)~rChanges~ in-"the ""pla'n- of deve'lopmentor- phasing' for-
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the reporting year and for the next year;
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(c) A summary comparison of development activity
proposed and actually conducted for the year;
(d) Undeveloped tracts of land that have been sold to a
separate entity or developer.
(e) Identification and intended use of lands purchased,
leased or optioned by the developer adjacent to the original DRI
site since the development order was issued;
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(f) An assessment of the development's and local
government's compliance with conditions of approval contained in
the DRI development order;
(g) Any known incremental DRI applications for develop-
ment approval or requests for a substantial deviation determination
that were filed in the reporting year and to be filed during the
,;
next year:
(h) A statement that all persons have been sent copies
of the annual report in conformance with Subsections 380.06(14) and
(16), Florida Statutes; and
(i) A copy of any notice of the adoption of a develop-
ment order or the subsequent modification of an adopted development
order that was recorded by the developer pursuant to Paragraph
380.06(14)(d), Florida Statutes.
(45) The property shall be developed in a manner that support
~ ~ conservation and efficient management of energy resources pursuant
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~ to the Energy Element of the Comprehensive Plan of the City of
Boynton Beach.
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(46) The City Manager of the City of Boynton Beach is hereby
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designated as the local official responsible for assuring
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compliance with this Development Order.
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~A copy of this Ordinance (Development Order)
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shall be transmttted-to_tha Diyision of Local Resource -Management,
the State Land Planning Agency, Riteco Development Corporation (the
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owner/petitioner), and the Treasure Coast Regional Planning
Council.
Section 6:
This Ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of December, 1984.
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SECOND 'READING and FINAL PA?SAGE this
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If day
of December,
1984.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
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EXHIBIT "A"
OVERALL BOUNDARY
LEGAL DESCRIPTION
A Tract of land lying partially in Sections 16, 17, 20 and 21, TOwnship
45 South, Range 43 East, Palm Beach County, Florida, said Tract being
more particularly described as follows Commencing at the Southwest
corner of said Section 17; thence North 1014'39" East, along the West
line of Section 17, a distance of 1318.10 feet to a point in the
intersection with the centerline of N.W. 22nd Avenue, as recorded in
O.R. Book 1738, Page 1686, of the Public Records of Palm Beach County,
Florida; thence with a bearing of North 89004'32" East, along the
centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the Point
of Beginning; thence North 1044'39" East, a distance of 1247.06 feet to
the South right of way line of L.W.D.D. Lateral 21; thence Nort~_
89008~49" East, along the South right of way line of L.W.D.D.
Lateral 21, as recorded in O.R. Book 1732, Page 612, of the Public
Records of Palm Beach County, Florida, a distance of 635.93 feet to the
centerline of the L.W.D.D. Equalizing Canal E-4 Canal, as recorded in
O.R. Book 1732, Page 612 of Public Records of Palm Beach County,
Florida; thence along the centerline of the above described E-4 Canal
with a curve to the right having a chord bearing of North 10032'52"
East, a radius of 750.00 feet, a central angle of 4004'17", and an arc
length of 53.29 feet; thence continue along the centerline of the E-4
~! Canal, with a bearing of North 12035'00" East, a distance of 320.69 feet
to a point of curve; thence with a curve, to the left having a radius of
6500.00, a central angle of 3028'30", and an arc length of 394.23 feet;
, thence North 9006'30" East, a distance of 1979.16 feet to a point on the
. North Line of Section 17; thence with a bearing of North 89016'39" East,
~along the North line of Section 17, a distance of 1964.50 feet; thence
South 0002'11" East, a distance of 2625.18 feet; thence North 89008'49"
East, a distance of 368.96 feet to a point on the North right of way
line of~.w. 22nd-Avenue$as recorded in O.R. Book 1738, Page 1686 of the
Public Records of Palm Beach County, Florida; thence South 19027'31"
East, a distance of 50.00 feet to the centerline of N.W. 22nd Avenue;
thence with a curve to the right having a chord bearing of North
75029'49" East, a radius of 1637.02 feet, a central angle of 9053'58",
and an arc length of 282.85 feet to a point; thence North 12002'41"
East, a distance of 915.72 feet; thence North 0031 '11" East, a distance,
6f-=:399.70 feet; thence North 89012'37" East, a distance of 413.21 feet; :,;;h.';~-
- thence South 88022'56" East, a distance of 1349.70 feet to a point on
the West right of way line of the Seaboard Coastline Railroad; thence
South 0028'21" East, along the West right of way line of the Railroad, a
distance of 1309.09 feet to a point on the centerline of N.W. 22nd
Avenue; thence North 88027' 31" .';est, along the centerl ine of N. W. 22nd
Avenue a distance of 672.97 feet; thence South 0033'53" East, a distance
of 1306.69 feet; thence South 88045'31" East, a distance of 333.51 feet
to a point on the West right of way of the Seaboard Coastline Railroad;
thence with a bearing of South 14008'23" West, along the West right of
way of the railroad, a distance of 1312.49 feet; thence South 0033'53"
East, a distance of 26.69 feet; thence South 13015'22" West, a distance
of 920.57 feet; thence North 88050'04" West, a distance of 187.60 feet;
thence with a bearing of North 0049'21" West, a distance of 200.00 feet;
thence North 88050'04" West, a distance of 218.00 feet; thence South
0049'21" East, a distance of 200.00 feet; thence North 88050104" West, a
distance of 40.00 feet; thence South 0049'21" East, a distance of 556.84
feet. thence North 88050'04" West, a distance of 3617.26 feet to a point
, "
on the centerline of the above descrIbed centerlIne of the E-4 Canal;
thence with a bearing of North 5018'14" West, a distance of 153.13 feet,
thence with a curve to the right having a radius of 450.00 feet, a
central angle of 15036'44", and an arc length of 122.62 feet; thence
North 10018'30" ~ast, a distance of 988.60 feet to a point of curve;
thence with a curve to the left having a radius of 450.00 feet, a
central angle of 18020'00", and an arc length of 143 99 feet; thence 3
with a bearing of North 8001 '30" West, a distance of 1255.14 feet to a J~
point on the centerline of N W. 22nd Avenue; thence with a bearing of -,:,\,-:.:;fi
South 89004'32" West, along the centerline of N.W. 22nd Avenue a ~~.;i':.&.3
distance of 817.85 feet more or less to the Point of Beginning. ;~:~l
Containing 591.55 acres more or less and subject to easements and rights ~~;~
of way of record. =.:.-' '~~~if!1~I'
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I"JG r3 1984
PLA~Nll~G DEPT!':
E M 0 RAN DUM
TO'
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~tr Carmen Annunziato
Planning Director
DATE. August 27, 1984
FROM
Betty S. Boroni
City Clerk
Attached please find
for the Riteco D R.I
September 6. Please
your approval. This
August 31
a copy of the revised proposed ad
scheduled for publishing on
review and advise if it meets with
will be forwarded to The Post on
15J~-
Betty Boroni
BSB/srnk
cc City Manager
City Attorney
The proposed ad for the Boynton Beach Park of Commerce
Development of Regional Impact appears to be complete
as it contains all of the information required
Ce ~
CARMEN S- ANNUNiiATO -
/bks
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Boynton Beach will hold a Special Meeting and conduct a
Public Hearing at 7:30 P. M. on Thursday, November 8, 1984,
in the Council Chambers, City Hall, 120 East Boynton Beach
Boulevard, Boynton Beach, Florida. The purpose of this
public hearing is to consider applications and receive
testimony with respect to the following described property
located within the corporate limits of said City, pursuant
to the request of the parties in interest and in compliance
with Chapter 380, Florida Statutes
REQUEST:
The Boynton Beach Park of Commerce a
CO~WREHENSIVE DEVELOP~~NT OF REGIONAL IMPACT
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LEGAL DESCRIPTION:
,
"70-
A Tract of land lying partially in Sections IE, 17, 20 and 21,
Township 45 South, Eange 43 East, Palm Beach County, Florida,
said Tract being more particularly described as follows:
Commencing at the Southwest corner of said Section 17; thence
North 1044'39" East, along the West line of Section 17, a distance
of 1318 10 feet to a point in the intersection with the centerline
'of N.W. 22nd Avenue, as recorded in O.R. Book 1738, Page 1686, of
the Public Records of Palm Beach County, Florida; thence with a
bearing of North 89004'32" East, along the centerline of N.W. 22nd
Avenue, a distance of 778 37 feet to the Point of Beginning; thence
North 1044'39" East, a distance of 1247.06 feet to the South right-
of-way line of L W D.D. Lateral 21; thence North 89008'49" East
along the South right-of-way line L.W.D.D. Lateral 21, as recorded
in O.R. Book 1732, Page 612, of the Public Records of Palm Beach
County, Florida, a distance of 635 93 feet to the centerline of
the L.W.D D. Equalizing Canal E-4, as recorded in O.R. Book 1732,
Page 612, of the Public Records of Palm Beach County, Florida;
thence along the centerline of the above described E-4 Canal with
a curve to the right having a chord bearing of North 10032'52"
East, a radius of 750 00 feet, a central angle of 4004'17", and
an arc length of 53.29 feet; thence continue along the centerline
of the E-4 Canal, with a bearing of North 12035'00" East, a distance
of 320.69 feet to a point of curve; thence with a curve to the left
having a radius of 6500 00, a central angle of 3028'30", and an
arc length of 394.23 feet; thence North 9006'30" East, a distance
of 1979 16 feet to a point on the North Line of Section 17; thence
with a bearing of North 89016'39" East, along the North line of
Section 17, a distance of 1964 50 feet; thence South 0002'11" East,
a distance of 2625 18 feet; thence North 89008'49" East, a
distance of 368 96 feet to a point on the North right of way line
of N.W 22nd Avenue as recorded in O.R. Book 1738, Page 1686 of
the Public Records of Palm Beach County, Florida; thence South
19027'31" East, a distance of 50.00 feet to the centerline of
N w. 22nd Avenue; thence with a curve to the right having a chord
bearing of North 75029'49" East, a radius of 1637.02 feet, a central
angle of 9053'58", and an arc length of 282 85 feet to a point;
thence North 12002'41" East, a distance of 915.72 feet; thence
North 0031'11" East, a distance of 399.70 feet; thence North 890
12'37" East, a distance of 413 21 feet; thence South 88022'56"
East, a distance of 1349.70 feet to a point on the West right-
of-way linE of the Seaboard Coastline Railroad; thence South
0028'21" E ~t along the West right-of-way line of the Railroad, a
distance of 1309.09 feet to a point on the centerline of N.W. 22nd
Avenue; thence North 88027'31" Nest, along the centerline of N.W.
22nd Avenue a distance of 672.97 feet; thence South 0033'53" East,
a distance of 1306.69 feet; thence South 88045'31" East, a distance
of 333.51 Ieet to a point on the West right-of-way of the Seaboard
Coastline Railroad; thence with a bearing of South 14008'23" West,
along the West right-of-way of the railroad, a distance of 1312.49
feet; thence South 0033'53" East, a distance of 26 69 feet; thence
South 13015'22" West, a distance of 920 57 feet; thence North 880
50'04" West, a distance of 187.60 feet; thence with a bearing of
North 0049'21' W, a distance of 200.00 feet; thence North 88050'04"
West, a distance of 218 00 feet, thence South 0049'21" East,
a distance of 200.00 feet; thence North 88050'04" west, a
distance of 40 00 feet; thence South 0049'21" East, a distance
of 556.84 feet; thence North 88050104" West, a distance of
3,617.26 feet to a point on the centerline of the above
described centerline of the E-4 Canal; thence with a bearing of
North 5018114" West, a distance of 153 13 feet, thence with a
curve to the right having a radius of 450 00 feet, a central
angle of 15036'44", and an arc length of 122.62 feet; thence
North 10018'30" East, a distance of 988.60 feet to a point of
curve; thence with a curve to the left having a radius of
450.00 feet, a central angle of 18020'00", and an arc length of
143.99 feet; thence with a bearing of North 8001'30" West, a
distance of 1,255.14 feet to a point on the centerline of N.W.
22nd Avenue; thence with a bearing of South 89004'32" West,
along the centerline of N W. 22nd Avenue a distance of 817.85
feet more or less to the Point of Beginning. Containing 591.55
acres more or less and subject to easements and rights-of-way of
record.
CONTAINING:
591.55 AC
51 70 AC
539.85 AC
GROSS LAND AREA
LESS ROADWAY & CANAL RIGHTS-OF-WAY
OF RECORD
NET LAND AREA
LOCATION:
South of ~llner Road right-of-way extended,
North of Canal C-16, between Congress Avenue
and 1-95, Boynton Beach, Florida
PROPOSED
USES:
Planned industrial development to include light
manufacturing and research facilities, offices
and ancillary commercial uses.
APPLICANT:
Riteco Corporation
All interested parties are encouraged to appear in person,
to be represented by an attorney or comment in writing.
The Application for Development Approval and all related
documents will be available for review durinq normal
working hours in the Office of the Planning Director,
Carmen A~~unziato, 200 North Seacrest Boulevard, Boynton
Beach. Any person who decides to appeal any decision of
the City Council with respect to the matter considered at
this meeting will need a record of the proceedings and
for such purpose may need to ensure that a verbatim record
of the proceedings is made, which includes the testimony
and evidence upon which the appeal is based.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH: THE POST EXTRA
September 6, 1984
plo 16 ,;./
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MEMORANDUM
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PLANNlj~G DEPT.
-
-
To.
Peter Cheney, City Manager
Carmen Annunziato, City Planner
Date: August I, 1984
From
Betty Boroni, City Clerk
Re: Legal Ad
Notice of Public Hearing
Riteco Corporation
The above-captioned newspaper advertisement will appear in the
August 8, 1984, edition of The Post--not in The Post Extra, as
we advised in our letter of July 20. This is because The Post
Extra is no longer published on Wednesdays.
Clerk
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TO
Mr. Tim Cannon
Senior City Planner
DATE "'July 20, 1984
--
FROM: Mrs Betty S Boroni
City Clerk
Attached please find a copy of the revised proposed ad
for the Riteco D R I scheduled for publishing on
August 8 Please review and advise if it meets with
your approval This will be forwarded to the Post on
August 1
~/L~
Betty Boroni
BSB / smk
cc: City Manager
City Attorney
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Boynton
Beach will conduct a Public Hearing at 8 00 P. M or as soon there-
after as the agenda permits on Tuesday, October 16, 1984, in Council
Chambers, City Hall, 120 East Boynton Beach Boulevard, Boynton Beach,
Florida. The purpose of this public hearing is to consider applica-
tions and receive testimony with respect to the following described
property located within the corporate limits of said City, pursuant
to the request of the parties in interest and in compliance with
Chapter 380, Florida Statutes.
REQUEST:
The Boynton Beach Park of Commerce a
CO~WREHENSIVE DEVELOP~~NT OF REGIONAL IMPACT
LEGAL DESCRIPTION:
A Tract of land lying partially in Sections lE, 17, 20 and 21,
Township 45 South, Range 43 East, Palm Beach County, Florida,
said Tract being more particularly described as follows
Commencing at the Southwest corner of said Section 17; thence
North 1044'39" East, along the West line of Section 17, a distance
of 1318.10 feet to a point in the intersection with the centerline
of N.W. 22nd Avenue, as recorded in O.R. Book 1738, paqe 1686, of
the Public Records of Palm Beach County, Florida; thence with a
bearing of North 89004i32" East, along the centerline of N.W. 22nd
Avenue, a distance of 778 37 feet to the Point of Beginning; thence
North 1044'39" East, a distance of 1247.06 feet to the South right-
of-way line of L.W.D.D. Lateral 21; thence North 89008'49" East
along the South right-of-way line L.W.D D. Lateral 21, as recorded
in O.R. Book 1732, Page 612, of the Public Records of Palm Beach
County, Florida, a distance of 635.93 feet to the centerline of
the L.W D.O. Equalizing Canal E-4, as recorded in O.R. Book 1732,
Page 612, of the Public Records of Palm Beach County, Florida;
thence along the centerline of the above described E-4 Canal with
a curve to the right having a chord bearing of North 10032'52"
East, a radius of 750.00 feet, a central angle of 4004'17", and
an arc length of 53.29 feet; thence continue along the centerline
of the E-4 Canal, with a bearing of North 12035'00" East, a distance
of 320.69 feet to a point of curve; thence with a curve to the left
having a radius of 6500 00, a central angle of 3028'30", and an
arc length of 394.23 feet; thence North 9006'30" East, a distance
of 1979 16 feet to a point on the North Line of Section 17; thence
with a bearing of North 89016'39" East, along the North line of
Section 17, a distance of 1964 50 feet; thence South 0002'11" East,
a distance of 2625 18 feet; thence North 89008'49" East, a
distance of 368.96 feet to a point on the North right of way line
of N.W 22nd Avenue as recorded in O.R Book 1738, Page 1686 of
the Public Records of Palm Beach County, Florida; thence South
19027'31" East, a distance of 50.00 feet to the centerline of
N W. 22nd Avenue; thence with a curve to the right having a chord
bearing of North 75029'49" East, a radius of 1637.02 feet, a central
angle of 9053'58", and an arc length of 282 85 feet to a point;
thence North 12002'41" East, a distance of 915.72 feet; thence
North 0031'1111 East, a distance of 399 70 feet; thence North 890
12137" East, a distance of 413 21 feet; thence South 88022'56"
East, a distance of 1349 70 feet to a point on the West right-
of-way line of the Seaboard Coastline Railroad; thence South
0028'21" East along the West right-of-way line of the Railroad, a
distance of 1309.09 feet to a point on the centerline of N W. 22nd
Avenue; thence North 88027'31" West, alonq the centerline of N W.
22nd Avenue a distance of 672.97 feet; thence South 0033'53" East,
a distance of 1306.69 feet; thence South 88045'31" East, a distance
of 333.51 feet to a point on the West right-of-way of the Seaboard
Coastline Railroad; thence with a bearing of South 14008'23" West,
along the West right-of-way of the railroad, a distance of 1312 49
feet; thence South 0033'53" East, a distance of 26.69 feet; thence
South 13015'22" West, a distance of 920 57 feet; thence North 880
50'04" West, a distance of 187.60 feet; thence with a bearing of
North 0049'21' W, a distance of 200 00 feet; thence North 88050'04"
West, a distance of 218 00 feet; thence South 0049r21" East,
a distance of 200 00 feet; thence North 88050104" west, a
distance of 40 00 feet; thence South 0049'21" East, a distance
of 556.84 feet; thence North 88050'04" West, a distance of
3,617 26 feet to a point on the centerline of the above
descrlbed centerline of the E-4 Canal; thence with a bearing of
North 5018'14" West, a distance of 153.13 feet, thence with a
curve to the right having a radius of 450.00 feet, a central
angle of 15036'44", and an arc length of 122.62 feet; thence
North 10018'30" East, a distance of 988 60 feet to a point of
curve; thence with a curve to the left having a radius of
450 00 feet, a central angle of 18020'00", and an arc length of
143 99 feet; thence with a bearing of North 8001'30" West, a
distance of 1,255 14 feet to a point on the centerline of N.W.
22nd Avenue; thence with a bearing of South 89004'32" West,
alona the centerline of N W. 22nd Avenue a distance of 817.85
feetJmore or less to the Point of Beginning. Containing 591.55
acres more or less and subject to easements and rights-of-way of
record.
CONTAINING:
591 55 AC
51.70 AC
539.85 AC
GROSS LAND AREA
LESS ROADWAY & CANAL RIGHTS-OF-WAY
OF RECORD
NET LAND AREA
LOCATION:
South of ~llner Road right-of-way extended,
North of Canal C-16, between Congress Avenue
and 1-95, Boynton Beach, Florida
PROPOSED
USES
Planned industrial development to include light
manufacturing and research facilities, offices
and ancillary commercial uses.
APPLICANT:
Riteco Corporation
All interested parties are encouraged to appear in person, to
be represented by an attorney or comment in writing. The
Application for Development Approval and all related documents
will be available for review during normal working hours in
the Office of the Planning Director. Any person who decides
to appeal any decision of the City Council with respect to the
matter considered at this meeting will need a record of the
proceedings and for such purposes may need to ensure that a
verbatim record of the proceedings is made, which includes the
testimony and evidence upon which the appeal is based.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH' THE POST EXTRA
August 8, 1984
~
,
'".. ,..- '-~
, I
,(
~ SPECIAL CITY COUNCIL MEETING - BOYNTON BEACH PARK OF COMMERCE
CITY HALL, COUNCIL CHAMBERS, BOYNTON BEACH, FLORIDA, NOVEMBER 8, 1984
7:30 P.M.
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...
~
PRESENT
Carl Zimmerman, Mayor
Robert Ferrell, Vice Mayor
Nick Cassandra, Councilman
Peter Cheney, City Manager
Betty Boroni, City Clerk
James Vance, City Attorney
ABSENT
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James R. Warnke, Councilman
Samuel L. Wright, Councilman
Mayor Zimmerman called the meeting to order at 7:35 p.m. and stated
the Public Hearing is being held tonight to consider the Boynton Beach
Park of Commerce Regional Impact Comprehensive Development plan and
also to consider the rezoning and land use amendments on this par-
ticular area. He asked for remarks from the City Planner,
Mr. Carmen Annunziato.
". ,
Mr. Annunziato addressed the Mayor and Council, stating that as a
matter of introduction to the items on their agenda for this meeting,
there are three kinds of items. One is the required Public Hearing
for the development of regional impact of the Boynton Beach Park of
Commerce--in this instance, the comprehensive development of regional
impact, the word comprehensive connoting that more than one statutory
threshold has been exceeded in terms of numbers of parking spaces or
numbers of square feet as the case may be. Secondly, he said the
Council will be asked to address the issue of the land use element
amendment and rezoning. Great portions of the subject area are
currently zoned for single family or other purposes. The applicant is
requesting that the land use element of the comprehensive plan show
the area as industrial and the property be rezoned to a Planned
Industrial Development. The third kind of request is a straight
rezoning, that is, the property to the east of High Ridge Road west of
1-95 is currently shown as industrial in the land use element of the
comprehensive plan and currently zoned MI. The applicant is
requesting that that also be rezoned from Ml to PID. In total, this
is a request for a 540 acre project to be known as the Boynton Beach
Park of Commerce. Generally, it lies to the east of Congress Avenue,
west of 1-95, north of the Boynton Canal and south of Miner Road when
it will be built. The property is currently being used for the
grazing of cattle, and there are land elevations which range from 40
feet to as low as 9 feet within the regions close to the E-4 Canal on
the west.
'"-
"-
The surrounding properties are the Boynton Lakes PUD, which is under
construction, to the northw~st; to the north, the Council recently
rezoned a tract of land to Rl-AA to provide for the construction of
single-family homes in connection with the High Ridge Country Club
properties; to the northeast it is currently zoned Ml; to the east
there is a horse farm and the High Ridge Commerce Park, which is a
~XIIIB IT d,l) h
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMM~RCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
~
~ID, and the Boynton Beach Distribution Center, which is currently
zoned Ml. To the east there is vacant, undeveloped land which is
zoned RS in Palm Beach County and vacant, undeveloped land zoned
Rl-AAA in Boynton Beach, F.O.P.A. site, Gould Plastics, Curt Joa and
1-95. To the southeast is Boynton Beach Industrial Park which is
zoned Ml, to the south is Laurel Hills and skylake, single-family
areas developing in the Rl-AA zone classification. To the southwest
is vacant, undeveloped Rl-AA land. To the west is the Motorola PID,
vacant undeveloped commercial property and the Dos Lagos PUD
The uses proposed within the Boynton Beach park of Commerce are com-
mercial, office, light industrial, lakes and wetlands and roads The
acreage devoted to each are: commercial, 27.6 acres~ offices, 128.9
acres~ light industrial, 254.7 acres~ lakes and wetlands, 82.2 acres
and roads, 46.5 acres. There are Planned Industrial Developments, an
item specifically talked about within the confines of the comprehen-
sive plan, which says, "Future designation of planned industrial
districts in the areas indicated for residential or other uses on the
land use plan shall be considered to conform with the land use plan if
all PID locations and design criteria are satisfied and upon approval
by the Planning and Zoning Board and the City Council." There are two
kinds of standards listed, referring back to the zoning code The
first set concerns the relationship of the building to a specific
site--not the subject of this discussion, as that refers to individual
site design criteria The second concerns the relationship of the PID
to the surrounding city intra-structure systems. The first of these
is the locational criteria--the relationship of the proposed project
to major transportation facilities. As proposed, the Boynton Beach
Park of Commerce is served directly by N.W. 22nd Avenue and
peripherally by Congress Avenue, Hypoluxo Road to the north, Boynton
Beach Boulevard and Old Boynton Road to the south, Miner Road is pro-
posed, High Ridge Road is existing, and proposed within the applica-
tion for development approval is an interchange at I-95 and N.W. 22nd
Avenue. All of these thoroughfares appear in the Palm Beach County
Thorofare Plan.
,
The second issue concerning location is the relationship of the pro-
posed development to municipal utilities. The site is served with
master-sized water and sewer mains on the north, on the west and on
the south. The applicant is proposing to construct sewer, water and
drainage facilities on site, consisting of four lift stations, gravity
sewer system, looped master-sized water mains and a full provision of
stored water retention systems as required by the South Florida Water
Management District.
concerning the physical character of the si~e, there are no physical
impediments to the development of the site. There are some minor
pockets of muck, ranging to two feet in depth, which will have to be
mitigated as a part of the land development process. Beyond that,
there should be nothing in terms of soils which would impede the deve-
~opment of this site as a PID.
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'MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
~Environmentally, there are several landscape and animal regimes on
site, ranging from the pine flat scrublands to wetlands: this was the
subject of some discussion with the Regional Planning Council. The
applicant is proposing to set aside 40 acres of scrub habitat and to
rejuvenate that scrub habitat: there are 11 or 12 acres of wetland
'habitat which will be rejuvenated or remain on the site.
...
The recommendation which comes from the Planning Department, the
Technical Review Board and the Planning and Zoning Board appears as
Exhibit D attached to this meeting's agenda. Also cited is a list of
recommendations from the Regional Planning Council to their comments.
Additionally, the Planning and Zoning Board points out for the
Council's edification that the City Council has to, in its con-
sideration of this comprehensive development of regional impact, con-
sider the following:
r
1. Does the development unreasonably interfere with the achievement
of the objectives of the adopted state land development plan for
the area?
2. Is the development consistent with the local land development
regulations?
3. Is the development consistent with the report and recommendations
of the Regional Planning Council?
Mr. Annunziato concluded by saying that was a brief introduction to
the project, and the applicant will provide for the Council a rather
lengthy explanation by presentations of various consultants. He added
that he would be available for questions and comments afterward.
....
Mayor Zimmerman asked if any of the Council Members had questions at
this time, and Councilman Cassandra said he had a question which he
hoped would be answered during the presentations. He referred to Item
No 5 on Page 1 of the planner's presentation which says, "This item is
recommended to the City Council for approval and concept and that the
applicant is willing to comply: however, the formula upon which the
dedication is based is suggested to be a matter of further study."
Mr. Cassandra's question is what will happen if there is a
disagreement between the City and the applicant--what kind of commit-
ment do we have from Riteco Development Corporation that they will
honor something that is presented to them?
Mr. Annunziato said this question involves Item 5 on Exhibit D, and he
believes the basis for the question is the concept the Council agreed
to at the time of the Melear PUD annexation--that there is a need for
some civic dedication. We have prepared a draft ordinance, with which
the applicant has some concern. We have explored that concern with
them, and they think they will be able to answer in part the way they
feel they need to address it. Following their comments, though, we
would like to offer our consideration for the Council.
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"
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
,
'Mayor Zimmerman asked that the developer give his name and address and
introduce their presentations.
Mr. Bud post, project Director, said Riteco has owned the property in
question for many years. About five years ago they presented a plan
for a residential project, but for a number of reasons elected not to
go forward with that at the time. He said they think now that this
Park of Commerce is a better, wiser and more appropriate use of this
land, and they think it will be a very successful project for the
City, as it is a good, sound development project. He said they have
hired the best consultants they could find--the economic studies have
~ been done by Goodkin Corporation, the engineering was done by Ric
Rossi, the traffic studies were done by Kimley-Horn and Associates,
the land planning by Roy Barden Planning Group and the attorneys for
the project are Moyle, Jones and Flanigan, who are represented here
tonight by Mr David presley. The environmental concerns have been
dealt with by Dr. Manley Boss and his team of environmental con-
sultants. Mr. Post said they would propose that the consultant for
each of these five major areas of the project make a brief presen-
tation to the Council, and at the conclusion of these presentations,
they will respond to questions. He introduced Mr. Roy Barden, the
Planner, to give an overview of the entire project.
Mr. Barden said his firm was retained by Riteco almost two years ago
to begin analyzing their property and to recommend a new approach for
its use, based on good land use and zoning practices and a market that
has been changing since 1975. They began to analyze the more recent
changes taken by the City and the advice of the Planning staff to
establish the Motorola high-technology plant and the Mall, as well as
other planned industrial development districts to the north of the
Riteco property and the existing industrial area that borders 1-95 to
the south. As a result of their analysis, he said they recommended
strongly to Riteco that they change the land use from residential and
a mixture of various districts, which have been described, to a
planned industrial district and that they dev~lop it as a high-
technology park--not as an industrial park with warehousing, but as a
mixture of a nearly self-sustained group of uses. As the Traffic
Engineer will point out later, by mixing some of the uses that are
generating traffic off-site, we overcome some of the negative impact
by keeping employees and visitors on the site.
Mr. Barden said that by looking at the City and the public facilities
that are needed to serve the project and which the project often .ser-
ves, such as the economic base of the community, they found that
generally the areas of major impact were those of transportation and
environment, areas upon which they concentrated heavily for almost two
years. They feel the project is well served by public facilities;
they foresee easy mitigation of the one or two areas upon which they
have impact. The existing zoning in the area came about through the
planned unit type of development created for Sandhill. The existing
area to the north and south of N W. 22nd Avenue is zoned single
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MINUTES~SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
-)
~amily. On the west side of the canal and immediately adjacent are
two apartment districts, and another apartment district was set up
along High Ridge Road to buffer existing Ml from single family at that
point.
The existing district zoned Ml is north of N.W. 22nd Avenue at 1-95
and south of N.W. 22nd Avenue to the Boynton Beach Canal. Mr. Barden
went on to say their application suggests the land use plan be left
the same for this area but change the zoning from Ml to PID. For the
residential portion, including the recreational portion, they request
that we change the land use plan from residential to industrial and
change the zoning from a mixture of single family and R3 to all PID,
which will allow them to develop a planned office, industrial and
mixed retail research park--on a very comprehensive basis, as is
required by our PIO ordinance, which he uses as a land planning guide
and conform with almost precisely except for the commercial, which is
slightly under the 10 percent allowed. He said they tried to do a
good job of land use planning within the parameter of our PIO ordi-
nance by protecting the boundaries that have residential uses adjacent
to them and then by protecting the main entrance corridor and trying
to combine the kind of uses we and our planning staff would find com-
patible.
,.
,
....
Northwest 22nd Avenue will become Commerce Park's gateway from both
the proposed 1-95 interchange (and Congress Avenue). Along N W. 22nd
Avenue they propose office uses; in the central portion they propose a
park of commerce center around one of the large lakes; this would be
referred to as the Lakeside Center, which would have at least two
hotels, unless the hotels are built adjacent to the interchange, along
with restaurants, retail uses that support the offices and high tech-
nology of light industrial usage. Bordering and wrapping around the
light industrial center would be light industrial usage.
A large lake, both for drainage and buffering the residential area from
the office sites, has been proposed with 50 or 60 acres of wetland
preservation. Mr. Barden said they think the land plan not only fits
the intent of the PID, but takes it a step further and commits by
master plan, as required, a concept of uses which is the guide for
future reviews by our staff. Some of the roads shown by dotted line
on the drawings may not be built unless the area around them becomes
fully developed and there is a need for them. The arterial network
has been developed in conjunction with the Traffic Engineer.
The project consists of two basic phases, based on the Market
Analyst's findings relative to the rate at which buildings can be
constructed They want to begin construction near Motorola and across
the street from it and work their way along 22nd Avenue, then turning
south (east of Motorola) and develop that area of the project first.
In the land use arrangement they will consider the requirements of the
City code and the design objectives of the owners, who will establish
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMM~RCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
~an architectural review committee to review the projects and control
the design to insure a park-like setting rather than a warehouse-type
setting. Those will be applied to the master plan, as well as pro-
viding for the protection of wildlife and the sand pine and wetland
areas, considering the undergrowth and existing animal life.
The buildings will be arranged in such a way that these areas are left
intact. Mr. Barden concluded by saying they believe their approach to
the land planning is not only in conformance to the City's goals of
the land use plan but also in conformance with the broad economic
objectives of Boynton Beach. He introduced Mr. Maurice Drooper of
Goodkin Research Corporation to review the economic planning, timing,
mix of land uses, etc., that they have proposed.
Mr. Drooper said his firm was involved in the market feasibility study
and economic analysis aspects of the report and did a comprehensive
survey of 19 major industrial parks in Palm Beach County, which
occupied over 3,000 acres. They surveyed over 4.9 million square feet
of office space and did an in-depth economic analysis of population
developments in the County and the Boynton Beach area, as well as
employment trends. They evaluated the site and feel very comfortable
with a mixture of high-quality office, research and high-tech develop-
ment. There are certain external success ingredients that are well
served herei the site enjoys a comprehensive transportation system--a
critical external success ingredienti it is close to a high population
growth area, which provides an important labor source and local
marketi there is a good availability of both executive and moderately
priced housing. The site enjoys good visibilitYi it has rail service.
The environment in the immediate neighborhood is of high quality, with
Motorola and the Boynton Beach Mall and all of the important spill-
over effects this will establish. Our anticipated absorption rates in
terms of occupied acreage--not land sales, but buildings that occupy
land--is 12 to 16 acres per year, which is comparable with the suc-
cessful industrial parks operating in South Florida and other regions
of the state. Therefore, we are looking at about a 30 year absorption
period.
The park is well positioned for catering to the high-tech warehouse
market. They can offer moderately priced office spacei there is a
surplus of luxury space in the County. There is a need for a hotel in
the area, catering to the local business market.
The project will create approximately 13,000 jobs, $150,000,000 worth
of construction, a payroll of approximately $200,000,000, and based on
current millage rates, property taxes of approximately $8.7 million.
Next Mr. Post introduced Dr. Manley Boss to explain the environmental
concerns that have been raised and what they propose to do about them.
Dr. Boss said there are basically three regions on the property ecolo-
gically, all of which are based on the availability of water to the
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'MINUTES~SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
r.
~
~rganisms that live there. Along High Ridge Road is a stabilized sand
dune, reaching a height of up to 40 feet. In the northern section of
the property is another high ridge. These three high ridges are com-
posed of pure white sand that is extremely dry; therefore, any orga-
nisms living there have to live in a very dry situation. These three
regions have scrub vegetation--basically pine trees and dwarf oaks.
The gopher tortoise lives in the area, and the gopher frog lives in
the hole of the gopher tortoise. In addition to the dry area, there
is a great prairie that covers the rest of the property, which is
neither too wet or too dry; that has oak trees and bushes that grow
not in wetlands or very dry areas.
Intersperced in this prairie are some very wet areas and swamps. This
area prior to 10,000 years ago was covered with ocean, and the ridges
were the east coast of Florida. After the oceans receded, there were
pockets of fresh water because of the rain. Probably 30, 40 or 50
years ago before this area was drained, there was at times enough
water on the property west of the ridges to connect Lake Osborne and
Lake Ida. The environmental staff of the Treasure Coast Regional
Planning Council and other state agencies are interested in preserving
some of the vegetation and wildlife of the ridge, as well as the wet
pockets, which is what the developer has committed to do with at least
one fourth, or 40 acres, of the 160 acres of scrub vegetation. The 25
percent preserved will be dependent on the state of the vegetation
ther~ now, the feasibility of saving it and the feasibility of
locating the animals into it At least 11 acres of wetland vegetation
will be preserved around the lakes Wetland vegetation will be
planted along the edges of the lakes. practically all of the lake
perimeters will be preserved areas. The 3.8 acres of wetland in the
north area will be preserved
'"
Mr. Post introduced Mr. Jim Zook of Kimley-Horn and Associates to
discuss the traffic impact and their proposals for responding to that
situation.
".
Mr Zook said every development of regional impact requires a compre-
hensive transportation study, and this one was started long before
there was a decision to make a DRI application. Not only the present
situation was considered, but what would exist during the 30 years
while the project is being completed.
~
Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard will
be widened to four lanes. This includes widening the bridge over the
canal, improving all of the intersections and creating left and right
turn lanes through the project, but it does not include widening the
bridge over 1-95, which should be discussed regarding the interchange.
This is over a million dollar roadway improvement project.
Fortunately, the capacity exists on Congress Avenue for the first
phase of the project, because it has already been widened; however,
at Congress Avenue and Boynton Beach Boulevard there will be a
major intersection, for which right-of-way maps, design plans and
~
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOV&~BER 8, 1984
)
'money will be provided to the County for improvement. The improvement
of N.W. 22nd Avenue proceeding west of Congress Avenue will be
completed within five years after approval, which is five years ahead
of completion of the first phase and the need for it to be there.
Regarding the interchange proposed for 1-95 at N.W. 22nd Avenue, there
are plans for initiation of the major studies that will be required.
Interchanges on interstate systems do not just happen even when a
developer is willing to contribute a couple of million dollars toward
that interchange1 they require coordination of the State and Federal
Departments of Transportation in terms of showing justification,
feasibility, etc. Based on the transportation study done for the DRI,
there is little doubt that it will be justified and is feasible, but
certain studies meeting the criteria of the State and Federal govern-
ments must be done on the interchange. That would be done during the
first phase or 10 years of the project.
Traffic counts will be made, monitoring the traffic being generated by
the project, to determine the traffic impact, and when it begins to
generate 15,000 external trips, another major roadway improvement will
be required. Depending on developments and studies made by that time
and if the interchange has been justified, $900,000 would be provided
toward the implementation, development and construction of the
interchange. As an alternative to this, if the 15,000 trips have been
reached and Congress Avenue has not yet been widened to six lanes,
although the County has indicated that it would be six lanes by that
time, the $900,000 would be spent to widen Congress Avenue to six
lanes. Beyond that, after Congress is widened, another $900,000 would
go to the interchange. In the event the interchange is not approved,
the $900,000, instead of being spent on the interstate, will have to
be spent on major intersection improvements to handle the traffic
impact that will be on other streets instead of using 1-95, basically
on Congress and Boynton Beach Boulevard to get to the interchanges
that do exist with 1-95.
In addition, there are signalization requirements and other intersec-
tion requirements adjacent to and within the facility, but these are
the major improvements it will take to handle the impact over a 30
year buildout period.
Mr. Post said someone is certain to ask the question of what happens
to the $900,000 over a 10-year period if it takes this long. He
wanted to answer it by saying the $900,000 increments get improved in
keeping with some construction cost index to be selected. He then
introduced Mr. Ric Rossi to speak about the civil engineering aspects
of the project.
Mr. Rossi said he will touch on water, sewer, drainage and irrigation.
He said this 540 acre project is fortunate enough to have been located
in an area which is bounded by master-sized lines put in by the City
some time ago. The amount of water needed for 13,000 employees, plus
the industrial use, which will amount to about one-half million
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
gallons a day, is all provided for with the existing system that now
bounds the property. There is a 16 inch water main along Congress
Avenue and along Miner Road, ultimately connecting with a 20 inch on
Seacrest Boulevard. So there is an ample supply of water to handle
this project. For the first phase, which is anticipated to take place
immediately west of the E-4 Canal, a connection to a 10-inch across
the Boynton Canal is planned, which would be a loop to the system,
moving back to the l6-inch on Congress Avenue. At final buildout
there will be minor and major loops within the system carrying lO-inch
and 8-inch lines.
The sewer system has a master main located along the Boynton Canal,
consisting of three lift stations, where all sewage emanating from
this project will be introduced into the system.
A rather elaborate study was made of the drainage system, dividing it
into basins and sub-basins to determine the amount of runoff, keeping
in mind the requirements of retention of water as well as getting
water off the developed areas into the ponds. Basically, there will
be an 80 acre lake system scattered throughout the project, and there
are four basins on the project. Water will be collected from the
development to the retention ponds and introduced to the Boynton Canal
and the E-4 Canal. In devising these drainage basins, consideration
was given to the ridge lines and the natural flow of the drainage
waters. The system of drainage provides for the first hour of a
three-year frequency storm.
....
South Florida Water Management District is placing another condition
on all industrial sites as part of the requirements of the Treasure
Coast Planning Council~ that is, that all industrial sites will be
provided with an impervious retention area in addition to the secon-
dary retention area This primary, impervious, lined retention area
will require a lesser amount of retention, but the notion is that any
waters coming from industrial sites will ultimately get to that reten-
tion site on that particular tract of land, which will be deed
restricted for that land. It will have to enter that particular small
retention area before it builds up and is introduced to the major lift
areas. This type of retention is rather new in the piping system~ the
object is that, in case there should be spills or oils on loading
platforms or on parking areas, the first place to receive those con-
centrations are in these impervious lined ponds. The lakes, besides
serving as a function for retention, also will serve as an area for a
source of material to fill in lower areas. A 9.5 contour is required,
which is at the ground water level. There will not be a need for
cutting down higher ground to make a balanced dirt situation on this
project.
Concerning the geology of this project, the borings indicate highly
pervious soils with good drainability with the exception of a few low
areas which have a couple of feet of muck, which will have to. be
removed but is of no great consequence.
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
Mr. Post said Mr. Rossi was their last speaker. He then referred to
material reflecting the 28 conditions that were imposed on the project
by the Regional Planning Council when they gave their approval, plus
16 additional conditions recommended by the City staff. All of these
conditions, to which the developer has agreed, are contained in the
proposed development order, which he said the Council members should
have before them. He then invited questions from the Council.
Councilman Cassandra asked if the PID is approved, will the city codes
of today hold 30 years from now when the project is expected to be
completed, or will our code change as well as our PID definition. If
the code changes, will the developer be required to honor the new
code? Mr. James Vance, City Attorney, said essentially a DRI is an
expensive undertaking~ a fair amount of money has been invested by the
developer to this point The state DRI plan envisages that, if
someone goes to all of this trouble, when they receive approval, they
receive something that gives them a vested right--something they can
count on~ however, with respect to a building code, they would have to
comply with the code as it exists at the time they apply for a permit.
If they receive DRI approval, they get a development order, which will
be approved by the City Council as it sees fit, which will give them
certain vested rights, basically this project for its eventual deve-
lopment and buildout.
Mr. Cassandra asked if this means that, if he is unhappy with some of
the possible high-tech industry that may come in, he must put in that
stipulation before he approves this. Mr Vance responded that the DRI
approach does not really relate to any particular given use. In
response to Mr. Cassandra's comment that he is concerned about a spe-
cific given use, Mr. Vance answered that he thinks he has a problem
with DRI's. Mr. Cassandra expressed his concern for the citizens of
Boynton Beach as they--not DRI--live here.
Another question was asked by Mr. Cassandra regarding the small pocket
zoned Rl-AAA, and Mr. Annunziato explained there are two parcels of
land which remain part in and part out of the City. The County pocket
is zoned RS, a County single-family zoning classification, and the
city parcel of land is zoned Rl-AA~ there is one owner for both. If
the land is zoned PID, it would not be conducive to single-family
development and would probably be addressed either by the applicant or
by the City. All of this land is vacant and undeveloped.
Councilman Cassandra said one recurring theme concerns him throughout
the review of the report by the Treasure Coast and South Florida Water
Management District and some of the comments by our own staff, and
that is toxic hazardous contamination. He said he is not a believer
in building containers for the hazard or the contamination--he would
rather not have anything hazardous there. He said statements from the
Treasure Coast and South Florida Water Management District reports
indicate they do not believe our code does not address hazardous
conditions or hazardous waste, and he believes the City must somehow
control what goes in the development as far as contamination is con-
- 10 -
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOV&~BER 8, 1984
cerned He then asked Mr. Post if there are any companies going there
which would produce toxic or hazardous waste in any form. Mr. Post
said there will probably be companies that will produce substances
that are classified as toxic waste~ however, toxic waste is being pro-
duced every day in the City now. He said the answer is adequate
controls and means of disposing of toxic waste, which can be done and
is being done daily everywhere. He said the Treasure Coast made the
point, correctly, that now in South Florida and he thinks in Florida
in general the laws relating to toxic waste are in a state of con-
fusion, and this is true nationally. He said we cannot outlaw toxic
waste--it will happen--but we must develop regulations, ordinances and
statutes to deal with this at all levels of government, which is being
done now.
Mr. Post said the City of Boynton Beach has demonstrated that they
have an alert, wide awake city staff who does a good job For
example, the city has in the ground now the water and sewer capacity
to handle a development of this kind because of planning and
forethought over a period of years, and the same thing can be done
with handling toxic waste. He went on to say there is nothing
mysterious about toxic waste--it is chemicals that can be handled in
due course of events, and he believes the City will develop the ordi-
nances and the ways and means to handle them. He pointed out that
hospitals produce toxic waste, but no one wants to eliminate hospi-
tals, and he cannot say there will not be businesses here who will not
produce substances that would technically be classified as toxic
waste, but it can and will be disposed of. One of the most important
concerns should be what it does to our ground water drinking supplies.
In this area, this is not a source of potable water for this portion
of the County, so that makes the problem less critical.
Attorney Vance said the DRI process does not lend itself to saying
there will be a plant that manufactures a certain product~ however, in
relation to toxic waste the situation is the same as for building
codes--anything built in the Park would be subject to any ordinance
amendments or modifications relating to how toxic waste is handled.
If we amend our ordinance two years hence regarding disposal, reten-
tion or non-use of some types of facilities, that would apply, and
also the Health Department regulations and the state regulations
relating to toxic wastes as they are modified over the years, for this
is directly related to public health and welfare.
Mr. Post said that was well expressed--they are subject to changes in
the building code, the sanitary code, etc. He said he is of the
understanding they will have certain vested rights the city will grant
now that they cannot tamper with lightly. For example, if $1,000,000
is spent improving the roads in the area, he does not think this or
future City Councils can say they have decided to zone the land R-l,
for the money has been spent in development and providing traffic
capacity to take care of the planned industrial district--that is a
vested right, but the other things the City can and will modify.
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
..
Councilman Cassandra said he wanted to voice his concern about the
environmental issue--toxic waste contamination. He does not agree
with the contention that it is going to be here, so live with it. He
said he has seen these problems in other communities which were not
controlled. Before we give approval, he would like to have a report
from the applicant stating what toxic waste or toxic material he will
be involved with1 then the City could decide if they want it here.
Mr. Post answered that under the State law now, anyone producing toxic
waste is required to make reports to the Department of Environmental
Regulation, so the City would know all about it. He said identifying
potential toxic waste could be part of the building permit process.
The question of improvement to Seacrest Boulevard was raised by Mr.
Cassandra, who mentioned that other major roads in the area have been
addressed, but not Seacrest, which will have the fallout of traffic
that will come due to the project. Mr. Zook answered that N.W. 22nd
Avenue would be widened all the way to Seacrest, and Seacrest is to be
widened north and south of N.W. 22nd Avenue as part of the project,
and that intersection is to be expanded. He said the 1-95 interchange
improvement will widen the bridge, which might otherwise be a bottle-
neck situation.
Mayor Zimmerman referred to the potable water situation in the area,
stating there are no city wells in that location, and the proposal is
for a double retention system of runoff--the primary system and the
lake system--before it runs into the canal. He said the City is con-
sidering taking water out of the Boynton Beach Canal for use, which
would be receiving runoff from this area, and he wondered what the
effect would be.
......
Mr. Rossi said he is aware there is a feasibility study being done by
the City of the possibility of having reverse osmosis with micro-
filtration and drawing water out of the Boynton Canal at some point.
He said he discussed this with the South Florida Water Management
District, and their response was that the Boynton Canal is a drainage
canal--not a water source. Not only does this project have impact on
it, but every other project that dumps drainage water and not
pretreated water into it. They said they would have to deal with the
application as it comes along, because there are other factors
affecting the quality of that water besides this particular project.
But he said there has been interplay between this project and the
South Florida Water Management District and are taking it into con-
sideration.
Mayor Zimmerman said the Boynton Canal is presently a drainage canal,
but if we go to it as a source of water, it will become something else.
Mr. Rossi answered that he understands from discussions with the staff
of the South Florida Water Management District that the canal drains
farm land, which could contain herbicides and insecticides, as well as
developed land. He thinks this project has, through the double reten-
tion system, done its best to take care of as much of the problem as
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MINUTES~SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
~possible internally before it gets to the canal, and he thinks the
South Florida Water Management District in reviewing this process
feels they have met those requirements. Mayor Zimmerman asked Mr.
Rossi if he thought then that this project would not add materially to
the contamination of the water in the canal as best he could see, and
Mr. Rossi answered it would not.
,
Councilman Cassandra said when the South Florida Water Management
District reviewed Ritecols application, the report said their staff
and the staff of the Lake Worth Drainage District determined there was
not enough runoff, and the design would have to be changed; he asked
if this had been done. Mr. Rossi replied that in June of this year
the Lake Worth Drainage District in the C-16 basin decided to cut the
allowable runoff in half. The original report came out before that
June date; subsequently, they have been furnished with the restricted
flows, and they have accepted this latest report.
Mr. Cassandra asked within what percentage of tolerance we would be of
the allowable percolation formula for this size of area, considering
that a portion of the 540 acres would be covered with concrete and
would be lost. Mr. Rossi answered that the 80 acres of lake is more
than would normally be needed to handle the retention, and this com-
bined with the ability of the soil to retain water and the high
drainability of this soil should be adequate.
Mr. Cassandra raised the issue of the lack of laws concerning the
handling of hazardous material and stated perhaps the City should make
some laws to deal with this. Mr. Vance said that is a complicated and
technical area, and usually an entity with much more money than the
City initiates that, such as the State, who has basically taken charge
of controlling the disposal of hazardous waste. He said he is not
aware of the present level of state effort and what studies they have
made or are making. As this is an expensive undertaking, he said he
thinks it is not practical for an individual City to do.
..
Mr. Cheney, City Manager, said there has been a tremendous increase in
the State's interest and involvement, and one of the things the State
is now doing is taking an inventory of what hazardous waste exists
now within the State. In Palm Beach County that has been delegated by
the State and County Commission. The inventory will determine what
there is; then the ways of handling it can be addressed. Mr. Cheney
said he suspects that, with all of the concern about the quality of
life in South Florida, we will see some additional things take place.
When it has been determined what exists, ways to handle it will be
developed, perhaps dumps or treatment centers. He said as we find
companies coming into this project that either use toxic material or
produce toxic waste, that will have to be addressed at the time and
see what controls there are. He anticipates a lot of State effort in
the next year or two
Mr. Vance said any legislation or rules adopted by the State or County
regarding this subject would apply--the developer would not have
vested rights concerning this
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
. Mr. Cassandra said the City of Boynton Beach requires a minimum road
elevation set at or above a 100 year flood stage, which the Federal
Emergency Management Agency map indicates is 11 feet. Mr. Post
answered that the drainage design calls for minimum floor elevations
of 14 feet and minimum road elevations of 12 feet.
Mr. Post said that Riteco has always tried to be a good corporate
citizen, and they will comply wholeheartedly with whatever regulations
are developed by the City and/or the State for toxic waste
Mr. Vance said Mr. Post had referred to the draft DRI statement and
indicated the Council had it in front of them~ he said they do not
have the Development Order.
Mr. Annunziato said perhaps this is the proper time to discuss for the
Council's edification some of the conditions that have been outlined.
There were two sets of conditions~ one was a set of staff comments
recommended for approval by the Planning and Zoning Board as modified
by the Board and a set of requirements imposed on the development by
the Regional Planning Council, both of which are included in the
Planning and Zoning Board's recommendation to the City Council. The
applicant has agreed to comply to all of these requirements, to some
more graciously than others, except Item 5.
Mr. Vance said, with reference to Condition No.5, a draft ordinance
relating to civic impact was prepared and furnished to the applicant.
A development of this size has an impact on civic facilities, in this
instance a rather substantial one in all probability. The applicant
apparently has some problem with the formula, which was developed with
the city's in-house study, and the amount of dedication and/or money
or a combination. In an effort to be fair, Mr. Vance said, they
contacted an expert in the area, who has prepared a lot of impact stu-
dies for various governmental entities in the State, and discussed a
study relating to our proposed civic impact ordinance. The City feels
what they have is based on concern and dedicated in-house research and
effort and represents at this point a fair impact with reference to
this area. However, wanting to be eminently fair to the applicant,
we have suggested there is an alternative ~pproach if the applicant
has a serious problem with the numbers which were arrived at based
upon Condition No.5. The alternative is that we retain the expert,
who happens to be a Ph.D. who works for Florida Atlantic University,
that the applicant pay for the cost of the study, estimated to be
$15,000 to $20,000, and that the applicant agree to accept the numbers
developed in this study. This gives the applicant a choice, and Mr.
Vance asked for the applicantls comments in reference to this matter
Mr. Post said the applicant'S position has been accurately stated~
they have reservations about the legality of the ordinance the City
has proposed. He said Riteco has always taken the position that they
recognize that developments of any size--and this is a large one--do
create impact upon the community, and they are willing to pay for its
- 14 -
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-MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
~impact. The question is whether or not this ordinance properly
addresses the impact and whether some of the things designated as
impact are impacts from this project They will abide by whatever
ordinance the City adopts with respect to impact, and they assume it
will be a legal ordinance. If it is legal, it can and will be
enforced, and they can and will obey it. He went on to say that they
could hardly agree to abide by the numbers of an ordinance that has
not yet been written, and did not think the City would want to be in
that position either, for the study might produce numbers the City
would be pleased with. Mr. Vance answered that we could all agree to
go on hold for the couple of months it would take to get the results
of the study in relation to the impact of this area and determine if
the figures were agreeable to both sides.
Mr Post said they want to face the problem and are not trying to
avoid it, but he would think it would be difficult to achieve a result
in two months. He said they have no reservation about exploring and
helping to develop a legal ordinance and one they could accept, but he
asked if the City would want them to be paying the party who writes
the ordinance. He said he thought the city would want them to par-
ticipate, cooperate and help in developing the ordinance and give
theirpoints of view, but he thinks the City would be in an indefen-
sible position if the developer was paying for the study.
Mr. Cheney said he did not think that is a problem; if the developer
would agree to pay for that study, we would recommend to the Council
that we will take that risk. We are talking about a gentleman who
works for the public sector, so he has a continuing reputation to
maintain, so we do not have to worry about that. He said they have
indicated both at this meeting and a previous one that Riteco is
anxious to pay their share.
He said this issue came up with another development in the City, and
that developer at the time of annexation agreed to give some land, not
raising the question of whether it was legal or illegal. At that time
we committed to treat all developers in the City the same way,
according to what he voluntarily agreed to when he annexed, and we
have that obligation. He said Riteco can agree, whether it is legal
or not, to follow the formula they put forth, and if they volunteer to
do that, it does not matter if it is legal. If they think those
figures are high or wrong, then it is suggested we hire someone to do
that study. The City does not need that study at this time, so we
suggest the developer pay for it. The money can be given to the City,
and the study will be done by a highly eminent and respectable source
in a couple of months
Mr. Vance said if the study is to be done, we can stop talking about
an ordinance; we will talk about a development order He said if they
agree with our opinion of what the impact will be, they will then
agree to donate a certain amount of land and/or money or a combination
in connection with the approval of their development order, and an
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF"COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
,
~ordinance is not involved. He went on to say the City wants to be as
fair as possible~ that is why this individual, whom the developer
knows to have done a lot of work in this area, was contacted regarding
the study.
Mr. Cheney said we could have proceeded with a development order on
this project and never raised the issue of civic dedication now, and
whatever ordinance we passed in the future, assuming it is legal,
would apply to this project without any pre-notice. In order to
assure that everything we are doing is up front, we addressed this
issue in the staff reports so the developer would know that we are
r working on a civic dedication ordinance that will pass and would be
~ applicable here--there would be no surprises. We are trying now to
work out something that will make sense to everyone, and he believes
the study will make sense. We will have in some way a civic dedica-
tion ordinance.
Mr. Vance said we will work with the development order to be issued by
the City and a reasonable determination of the impact in this area as
it applies to the City. Whether or not the developer agrees with that
he thinks would have some effect on the City's attitude toward
approving the project.
Mr. Post said their concern is insuring the legality of the ordinance
concerning this matter. Mr. Cheney asked if he thought the draft of
the ordinance they had put forth was an unreasonable measure for
impact, and Mr. Post answered that he did and the request does not
bear a proper relationship to the cause. He said they think they are
being asked to pay an impact fee that does not represent a legitimate
impact of their project on the City. He went on to say that differen-
ces of opinion arise frequently, and that does not bother them. Mr.
Cheney said the City received no response from the developer on this
issue, but only received a quickly-drawn opinion from the attorney,
which they have not had a chance to discuss.
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Mr. Cheney again asked Mr. Post if he thinks the demand from the draft
ordinance is too much, and he replied that he did and they do not want
to give that much for that purpose.
Mr. Vance said that is one reason they have suggested the approach of
using an eminently qualified individual to do a study and see what the
results are. The study, which will cost $15,000 to $20,000, should
determine whether we are asking for a reasonable amount or too much or
too little.
Mr. Post suggested that they proceed under the assumption that an
agreement will be reached in this matter, and he asked for a three-
minute recess to confer with Mr. Wade Riley regarding Riteco's being
willing to fund a study of the proposed ordinance. He said he had
misunderstood an earlier statement, thinking the contention was that
an ordinance could be drafted in a couple of months. He requested
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
aOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
.'that the Council approve the development order with Item 5 subject to
negotiation, and if agreement is not reached, the City could cancel
the development order, and if Riteco does not like it, they could
quit.
Mr. Vance said we might be able to work out some language, but we have
an indication that the study can be done in a six-week to two-month
time period, and he thinks it would be simpler to hold everything in
abeyance while this is done. He added that we intend to do this in
totally good faith and based on the problems the developer has with
the formula we now have.
Mr. Cheney said if we proceeded with the drafting of the development
order, we could save some time but nQt lose anything for either party.
And he said, even though we agree on just about everything, it may
take the attorneys 30 or 45 days to get the development order drafted
with that one item left open. Mr. Vance said he was referring to
adoption of the development order--not to drafting~ the drafting would
proceed. Mr. Post said he sees no reason to deviate from the time-
table that has been established while we proceed with the study Mr.
Vance said any funding would go directly to the City rather than the
individual hired for the study~ the City would then make payment to
him.
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Mr. Cheney mentioned an item from the city staff's comments concerning
the possibility of researching a land swap. Item 14 on Exhibit D of
the memorandum of October 24, 1984, from the City Planner to the City
Manager refers to an attached letter from Mr. Wade Riley dated October
22, 1984. He read the letter from Mr. Riley, which is based on
discussions regarding a 12 acre piece of land located at the intersec-
tion of N.W. 22nd Avenue and the Seaboard Coast Line Railroad. Mr.
Cheney said we acknowledge that this is a piece of property the city
got from the County at one time and that there is a reverter clause on
it. After studying and thinking about this, they think the County
would probably be willing to give up the reverter clause on that piece
of land and substitute it for another piece of land He said he wants
the record to show they want to pursue that matter and see if it can
be worked out, as there is the general feeling that the City and the
development would benefit, and the general public would rest more
easily knowing the outdoor pistol range was not at that location. So
they do accept Mr. Riley's suggestion that it be researched. Mr.
Cheney said that other than this item and Item No.5, all other com-
ments from the City staff and the Treasure Coast staff are acceptable.
Mr. Post said their understanding on the potential land swap has been
stated correctly, and they are willing to proceed on that same basis.
Mr. David presley, Attorney representing Riteco, said he wanted to
clarify that the expert who is being considered to do the impact study
was contacted initially by him on behalf of Riteco, and he instructed
him to meet with Mr Annunziato, the City Planner, at their cost, for
he thought it was in the best interest of everybody to have a valid
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MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
.'impact ordinance. Mr. Vance confirmed that he was contacted by Mr.
Presley, and they met with him somewhat extensively and checked some
of the other work he had done for Palm Beach County, for example, on
road impact fees, and they thought he was a qualified expert. Mr.
Cheney said it was not appropriate to use his name in a public
meeting, because he does not know we are talking about it.
Mayor Zimmerman said they would like the public to know that they
would have a chance to give their opinions in the discussion after the
short intermission. There was a brief intermission at 9:30 p.m.
Mayor Zimmerman called the meeting back to order and said we have a
report the developer is ready to give their position, and then the
audience will have an opportunity to speak.
Mr. Post said Riteco will accept the proposal that was made and will
fund the study, to be done expeditiously, and will abide by the results
of the study, and they assume the City will abide by the results of
the study, and that the administrative procedures will continue while
the study is being made. Mr. Cheney said in addition to the Riteco
project, which possibly could be an agreed-to thing, this will be on
the books forever. In the long run, the City wants an ordinance on
the books which is solid, legal and will stand up, and they are con-
fident this process is one way of getting such an ordinance. He said
if we want one that will stand up, we obviously agree to abide by the
recommendations of this study. He recommended to the Council that, if
this results in a DRI approval, the City credit back to the developer
their up-front costs for the study. He said the agreement is that we
would proceed to draft the development order, and if an extension of
the 30 day period for adoption is required, he assumes an extension of
time would be granted. Mr. presley said statute states it is at the
request of the developer, so he will request it.
Mr. Vance said the approximate charge for the study will be $15,000 to
$20,000, and Mr. Post said they are agreeing to not more than $20,000.
Mr. Cheney said he is sure they can agree not to exceed $20,000, and
they would like authorization to proceed with a negotiated contract as
rapidly as possible and to execute it if it is within the $20,000
limit.
Mayor Zimmerman said we would hear the public first, and he asked that
anyone wishing to speak give his name and address.
Mr. Donald R. Zyto, who resides at 10790 Green Trail Drive in Boynton
Beach, a Vice President and Senior Banking Officer of Barnett Bank and
President of the Greater Boynton Beach Chamber of Commerce, introduced
himself and said that as president of the Chamber of Commerce he is
here this evening to speak in favor and support of the Boynton Beach
Park of Commerce Development. The primary goal of the Chamber of
Commerce is to secure new job opportunities and to expand the tax base
for the Greater Boynton Beach area. This is done by helping and
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MINUTES~FEC~AL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOV&~BER 8, 1984
,
8 encouraging existing business and industry to expand and the attrac-
tion of new business and industry to this area In many instances
success is dependent upon having a good location for that expanded or
new business. In the past Boynton Beach has not had a good site on
which to locate these projects, but recently the picture has begun to
change and the Riteco project is a real plus for the City of Boynton
Beach. Modern requirements demand locations in well-designed,
pleasing park environment in which needed daily services are present
and parks are closeby. All of this will be offered in the Riteco pro-
ject. New job creation in the first years will be at 1,620 and will
grow over the years to 13,409 employees. Corresponding annual
payrolls run from 31.4 million to 261.4 million dollars. Ad valorem
taxes at buildout estimated within 30 years to the City of Boynton
Beach would be $2,830,000 annually. Assessed valuation of the project
at that point is estimated at 813.7 million dollars. That valuation
exceeds the total valuation of all the real property in Boynton Beach
this year. There will be problems, but Riteco, Inc., will be contri-
buting not only new jobs, city taxes, industrial and business sites,
taxes to all taxing bodies, but also impact fees for street and road
improvements, intersection improvements and land or money for expanded
city service centers. New businesses produce new jobs, which are
filled by new people. New people mean new buyers for new homes, new
taxpayers, new customers for existing and new businesses and the basis
for the attraction of additional small businesses. The Chamber of
Commerce and representives of the Economic Development Committee have
studied the DR! report and sincerely believe the approval of this
application for zoning changes and development are in the best
interests of the people and the City of Boynton Beach: therefore, I
urge this City Council to approve the recommendations of the Planning
and Zoning Board.
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Mayor Zimmerman asked if anyone else was is in favor or opposition to
this development, and no one else spoke. He said we would take up the
motion mentioned earlier.
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Councilman Cassandra said the motion was to proceed with the necessary
administrative procedures and to authorize the refund of the $15,000,
not to exceed $20,000, if the program is approved and is developed in
the near future and to authorize the execution of a contract for the
study. Vice Mayor Ferrell seconded the motion.
Mayor Zimmerman asked if there was further discussion. He said
without repeating the motion they would vote on it, and said, "All in
favor?" All answered, "Aye." The motion carried 3-0.
The meeting was adjourned at 9 55 p.m.
CITY OF BOYNTON BEACH, FLORIDA
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~ MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
" BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
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Mayor
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- Vice Mayor
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Councilman
Councilman
Councilman
ATTEST:
tJ4/iJ ~ty Clerk
,
Lvv-LU..-
Recording Secretary
(Two Tapes)
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MtNU1ES OF SPECIAL MEETING OF PLANNING AND ZONING BOARD TO
CqNSI~ER APPLICATIONS FOR REZONING AND LAND USE AMENDMENT
I OF BOYNTON BEACH PARK OF COMMERCE,
HELD IN COUNCIL CHAMBERS, BOYNTON BEACH, FLORIDA,
TUESDAY, OCTOBER ~3, 198~ AT 7:30 P. M.
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PRESENT
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Simon Ryder, Chairman
Garry Winter, Vice Chairman
Norman Gregory
Ezell Hester
Ronald Linkous
Caesar Mauti
John pagliarulo
Wil~!am Schult~ Alternate, and
Robert Wandelt, Altefhate, were
in the audience. Mr. Schultz
was excused and left the meeting.
Carmen S. Annunziato,
Pl~nning Director
Timothy P. Cannon,
Senior City Planner
Chairman Ryder called the meeting to order at 7:30 P. M.
and introduced the Members of the Board, Planning Director,
Recording Secretary, and Senior City Planner. He recognized the
presence of Mayor carl Zimmerman, Councilman James R. Warnke,
Stormet Norem, outgoing president of the Chamber of Commerce,
Owen Anderson, Executive Vice President, Chamber of Commerce,
and Peter L. Cheney, city Manager.
MINUTES OF MEETING OF OCTOBER 9, 1984
Mr. Linkous moved, seconded by Mr. Hester, to approve the
minutes as presented. Motion carried 7-0.
ANNOUNCEMENTS
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None.
COMMUNICATAIONS
None.
OLD BUSINESS
None.
PUBLIC HEARING
Chairman Ryder said the Board was meeting to consider a
development of unusual magnitude. The proposal contemplates
the 540 acre industrial and research park. Residential
units are not included. Chairman Ryder informed everyone
this is located in the northwest portion of the City
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
between Congress Avenue and 1-95 and on both sides of N. W.
22nd Avenue, going south to the Boynton Canal and going
north to Miner Road.
Under Florida State Statutes, it is mandated that projects
of this scope be reviewed by the Treasure Coast Regional
Planning Council to ass~ss and identify whether regional
impacts are positive or negative prior to consideration by
the local municipality. Chairman Ryder said the proposal
comes to the Board with the approval of the Treasure Coast
Regional Planning Council, together with certain conditions.
Tha~evelopmeoL entails rezoning existing zoning established
in 1978 for the Sand 'Hill residential development. He
advised this would be to review an appropriate category,
namely, a planned Industrial Development.
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1.
Project Name:
Agent:
Owner:
Location:
Description:
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2.
project Name:
Agent:
Owner:
Location:
Description:
Boynton Beach Park of Commerce
Wade Riley, Vice president
Riteco Development Corporation
N. W. 22nd Avenue, between Congress
Avenue and 1-95
Requests for an amendment to the Future
Land Use Element of the Comprehensive
Plan from Low Density Residential to
Industrial and for rezonings from
R-3 (Multi-Family), Rl-AA (Single Family
Residential), Rl-AAA (Single Family Resi-
dential), and REC (Recreation), to PID
(Planned Industrial Development) to per-
mit the development of the Boynton Beach
Park of Commerce, a Comprehensive Develop-
ment of Regional Impact
Boynton Beach park of Commerce
Wade Riley, Vice president
Riteco Development Corporation
West of High Ridge Road, south of N. W.
22nd Avenue
Request to rezone from M-l (Light
Industrial) to PID (Planned Industrial
Development) approximately 86 acres of
land in connection with the Boynton
Beach Park of Commerce, a Comprehensive
Development of Regional Impact
.
Carmen S. Annunziato, Planning Director, said the business
before the Board was to react to requests for two sets of
rezonings which would be a part of rezoning efforts to improve
the Boynton Beach park of Commerce. The issue of a develop-
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
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ment of this size carries with it a requirement for develop-
ment of regional impact review, which hearing will be held
by ,the City Counci1"non November 8. The recommendation of
this Board will be forwarded to the Council.~j
!;'~ flt.
When you take together the two sets of public hearings, Mr.
Annunziato said the proposal is to rezone 540 acres of land
that is currently zoned primarily residential, which would
accept 2,000 units plus 80 acres of industrial land to a
Planned Industrial Development (PIO) category. He explained
that a PID is a highly regulated industrial district, which
prQyJdes for permitted uses only upon the approval of the
Planning and Zoning ~oardo
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Mr. Annunziato read the location of the site and municipal
utilities from his Memorandum dated October 16, 1984, which
was addressed to the Board. In recent years, the utilities
have formed a major~network of water delivery and sewer
collection systems with1major lines on both Congress Avenue
and Miner Road extended. Mr. Annunziato said that would be
the issue of some of the comments in terms of increasing the
number of those lines. He also read from his Memorandum
concerning the environment of the site. (See Existing Land
Use on pages 1 and 2 of said Memorandum.)
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One thing the applicant had to take into consideration was
that the land uses surrounding the site are primarily resi-
dential. The Surrounding Land Uses are provided on page 2
of Mr. Annunziatols Memo. He read the Proposed Land Uses
and the1Comprehensive Plan Considerations from pages 3 and 4
of his memorandum. '1
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With reference to the utilities, Mr. Annunziato read from
page 4 and said there are major utilities to the south, west
and north of the site which will have to be tied into and
developed throughout the site to serve the individual lots.
Concerning the physical character of the site, Mr. Annunziato
stated that the Planning Department found there were no
impediments to development which cannot be overcome with
construction techniques. In a great part, this is what was
addressed by the Regional Planning Council in their remarks.
Mr. Annunziato read the Planning Department's recommendation
that the request for amendment be approved from page 4 of
h'is memo, subject to comments in Exhibits D and E. With
reference to the list of staff comments attached to the
memorandum as Exhibit D, Mr. Annunziato called attention to
recommended modifications to Exhibit D, which he handed out
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
to the Members. At this point, he did not want to address
the issues until the Members had an opportunity to listen to
the applicant's response and then address them one at a
time.
Mr. Annunziato then read the basis for the recommendation
from pages 4 and 5 of the memorandum.
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Mr. Bud post, project Director for Riteco Development
corporation, reminded Chairman Ryder that he was Chairman
and Mr. Annunziato was head of the Planning Department
wheft he appea~~d before the Board for Riteco five years ago.
He said they assembl~d professionals, who are leaders in
their field, and felt the information they gathered on which
to base the project was soundly conceived and that it would
be properly executed.
Mr. Post was glad the project falls totally within the City
of Boynton Beach and not in any governmental jurisdictions.
He introduced the professionals, who were Consultants to them
on the project.
Mr. Annunziato advised Chairman Ryder that it was only
necessary to conduct one public hearing because there was one
package of public hearings, and the package was designed to
affect the changes requested by the applicant. However,
they just be addressed individually at the end
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Roy Barden, Roy Barden & Associates, Boca Raton, did the
land planning. Mr. Barden showed the location of the property
on the overlay. Recent changes in land use in the area had
a positive impact on Boynton Beach and resulted in a decision
by Riteco to retain Roy Barden & Associates to analyze the
residential project that had been approved in 1978. As a
result of their analysis, Mr. Barden recommended that the
property be changed in land use and zoning to reflect the
demand of the market trend for high technology, office, and
industrial uses Mr. Barden said they completed that
analysis and retained other consultants to assist them.
Mr. Barden stated they were here to request the Board's
approval of the land use amendment and rezoning He had
drawings which reflected the location of future facilities,
including water tanks. They began the planning for the
project, utilizing the planned Industrial District or
Development Ordinance. They had a goal to make the park as
self-sustaining as possible and looked at the kinds of
facilities they needed to include on site which would make
it less of a negative impact on the community. Mr. Barden
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
...
said there are certain kinds of shoppping activities,
restaurants, and hotels which would result in less traffic.
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In the central portion of the project, Mr. Barden said
they will install a lake side center, around which they
propose the location of restaurants, retail service facili-
ties, as well as one or more hotels, although they have
alternate locations for the hotels based upon whether or not
the 1-95 Interchange is constructed. They propose the
Interchange with 1-95 at N. W. 22nd if it is determined to
be feasible.
In a"'ddi tion tci--the C8lnmercial uses, Mr. Barden said they
organized the land use internally in such a way that it
coordinates itself and buffers itself from the surrounding
residential. Mr. Barden stated that they do not want to
adversely impact those areas, and that is why the Members
could see large lakes or deep buffers. He indicated the
office areas, shown in blue, and the light industrial areas,
which were purple, and the commercial, which were red.
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with reference to the lakes, Mr. Barden said they represent
the requir~ments for drainage, as well as the requirement
for permanent open space as combined with other recreational
space which they have included on site to make the park self-
sustaining for employees and visitors.
Mr. Barden thought the land use and zoning relationship to
the project were very compatible to the area, very well
related, and buffered, so there will be no negative impact.
The project is phased in such a way to relate to available
water and sewer facilities. It will also relate to the
obvious market catalyst, which is Motorola. Obviously, the
front door of the project is Congress, north of 22nd Avenue.
The first phase will be based on ten years of anticipated
construction and will begin generally in the location
immediately east of the E-4 Canal, as well as the office
area that is immediately east of the 20 acre existing
shopping area on Congress Avenue (which is not part of their
project) and immediately north of Motorola. It will
geperally move in a planned sequence of plats to be deter-
mined by working with City staff. Mr. Barden showed on the
overlay that it will move south toward the Boynton Beach
Canal and then westward towards High Ridge Road.
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Mr. Barden showed where hotels and the related facilities
that go with the hotels may be located and the first
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HINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
commercial area around the lake The area
includes all of N W 22nd, a large lake,
acres of total land uses, a small percent
and a large area of light industrial
within the brown area
and approximately 195
of office, retail,
The details of the kind of landscaping they will undertake and
the kind of environmental analysis will reflect what they feel
is the need to preserve the environmental features on the site,
as well as to create an office park that is a pleasant place to
work and which meets the demand for new space in this area
,
The landscaping they will undertake includes a strong planting
of trees and shrubs within the backbone of arterials that they
have established within the park, which will meet their pro-
jected traffic gemands internally They must be recognized as
flexible and tentativ~ until such time as they get in with
subdivision plats and decide what actual size each lot will be
Their goal is to establish large lots (nine acres, more or less) ,
but the market may also require small lots If small lots, such
as 1-3/4 or 2 or 3 acre~ are in demand, certain collector streets
may be placed between the main arterials, but only if there is
a demand for small lots
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Mr Barden said more t~an 40 acres for the preservation of sand
pine is an objective of the plan Siting of buildings will be
arranged and controlled through an Architectural Review Committee
established by the developers for the property, and that group
will insure not only environmental protection of the preserved
areas and the animal life by not putting the buildings in these
preserved sand pine areas but will also insure compliance with
energy efficiency rules and guidelines, which they identified
in the development of regional impact (DRI)
The internal security will be organized by the property Owners'
Association There will be inter-coordination between the
Boynton Beach Police Department and the security personnel on
_ site The security personnel will have internal movement on each
arterial In addition, they anticipate the need for construction
of bike ways and jogging paths within the project interconnect-
ing the lakes. These will be used for internal security purposes
In addition, fire protection and fire prevention training will
be a major role of the security force by encouraging each new
occupant of the park to provide the kind of fire protection
facilities which are needed, in addition to coordinating with
the City Fire Department
Mr Barden said the kinds of environmental protection they
looked at include the requirement for buffering on the
periphery of the project, which will be much more than the
required 40 foot buffering that the City Code itself requires
He indicated a residential project and informed the Members that
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
not only is the 40 feet required, but an entire lake system,
which provides strong separation Not only will they have a
40 foot buffer, but there will be an additional amount more than
that, which will include trees, berm, etc. Mr Barden thought
the project was well planned and said it was planned in accordance
with the City's Ordinance.
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Mr Linkous noted Mr Barden mentioned recent developments that
caused it to change In 1978, they were granted approval for
the 980 single family units He asked if 30 years meant Phase I
is 10 years; Phase II is 20 years, and Phase III is 30 years
Mr -Barden conrtrmed ~hat was correct. Mr Linkous asked what
made him think that within 30 years this would not be obsolete
since they asked for the change in zoning in 1978, which was
only six years ago Mr Barden replied that along certain
corridors of I-95, there has been an increasing number of offices
and high technology parks created, primarily reflecting a market
Dr Manley Voss, who is on the faculty of Florida Atlantic
University, Boca Raton, carne forward to discuss the environ-
mental aspects of the property Below 22nd and along High
Ridge Road, he said there is a considerable old dune system of
sand ridge, which is quite dry In addition to this system,
there is another ridge that goes from Miner Road and begins to
cross 22nd. There is another little bit of ridge just above the
Boynton Beach Canal in the center of the property The other
portions of the property that are not the dunes are very low and
are actually prairie (sometimes wet and sometimes dry) How-
ever, there are some areas in the prairie that are quite wet
all year and are called wetlands, swamps, or marshes
r Dr. Voss told of the history of the area and uses of the
~ property. Because cattle were run on the ridges, a lot of
trees were taken out Cattle were not running north of 22nd,
and it is heavily forested
At this point, in concert with the Treasure Coast Regional
Planning Council, Dr Voss said they would suggest that they
preserve 25% of the scrub vegetation and use it for wildlife
and native plants Eventually, it will be upgraded The other
conservation measure will be the preservation of 25% of the wet
area There are about 44 acres of wetlands, which are of low
quality, and 11 acres will be upgraded Dr Voss showed that
the lakes are in the low areas Once they are excavated, they
will plant 11 acres in native vegetation and will plant upland
vegetation around the water vegetation
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Tom Powers, Goodkin & Associates, Fort Lauderdale, the Economics
Specialist for the project, said they did the entire market research
for this industrial park He told of the growth of South Florida
and said a lot of firms look at this area as a place to locate
Portions of Dade and Broward Counties are looking for quality
space which is more centrally located. The park itself has excellent
access. It is adjacent to 1-95, a major north/south rail line, and
is located in a very intense market of labor There will be the
availability of all types of houses, and Mr Powers said the avail-
ability of well located land such as they have here is a positive
feature
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They forecasted an approximate 30 year absorption, and Mr Powers
said their sentim~nts will be along the lines of rather major uses
of space, such as bankiag operations, business services which will
continue to support IBM, Motorola, and Pratt Whitney, and some
technology There will be a lot of economic impact Over 13,000
new jobs will be created just for the park alone The demand for
housing, etc will ripple through the economy The average
construction employment will be 450 to 600 jobs, depending on what
phase of construction they are in, on an average annual basis
The total non-construction jobs they are talking about will be
about 13,400
Mr Powers informed the Members that the assessed value of the
park is $814,000,000 He reiterated that the demand for this type
of service park space is very great today in South Florida, and
he had no evidence that it would not be just as great tomorrow
because the growth momentum is coming this way outside of the
,region and within the region. Mr Powers thought the park could
play a significant part in servicing and capturing that demand
and doing it in a very quality way
Mr Linkous asked if they thought the plan which they have now
would be obsolete in thirty years Once the park is developed,
~ Mr Powers said it will continue to build momentum
r1r Post added that the site provides a healthy injection of a
different type of development in the city, broadens the economic
base, and one of the things that makes it attractive for that is
the City has and is developing a superior infrastructure to
operate as a City
Mr Jim Zook, Kimley Horn & Associates, Inc., 5800 Corporate Way,
West Palm Beach, was introduced by Mr Post to discuss the
traffic engineering and traffic impact the project would have on
the City
Mr Zook wished to impress on the Members that they did a very
comprehensive transportation study for the project, which was
required by the Regional Planning Council They also spent time
in five meetings with the City's staff (particularly, Mr
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Annunziato) and Charles Walker, County Traffic Engineer, in going
over some of the scope of work. When the market analysis carne
in, and they were talking about thirty years, Mr Zook said
they could not just look in terms of what this project would
mean but what they would have to worry about over a thirty year
period The tool they used to do their study was the Comprehensive
Land Use Plan provided by the City Staff and the County, as
well as the specific projects that have been approved in the
area, such as the Mall, Motorola, and other major projects
~ Mr Zook told the Members they did two transportation studies:
~ (1) with an interchange at 1-95, as it is shown on the County's
thoroughfare plan, and (2) without an interchange at 1-95 and
22nd Avenue, which would serve the project, on the grounds that
one-has not speeifically been approved by state and Federal
agencies yet Mr Zotk said that has to take place before a new
interchange is built
After they completed the study and reviewed it with the staff,
Mr. Zook said they sat down to identify what roadway improvements
would have to be made to handle the traffic and serve the trans-
portation needs the impact of this Planned Industrial Park would
have They looked at it by phase In the first phase, Mr Zook
said there are three specific types of improvements which he
wanted to talk about
'"-
During the first phase, the first thing necessary is four laning
N W 22nd Avenue through the project all the way over to Sea-
crest Avenue This does not include the bridge, and Mr Zook
said he would talk about that later because that would be part of
an interchange. He clarified that he was talking about the
bridge over 1-95 Mr Zook said this would be the most signifi-
cant thing done in the first phase. It would be done in phases,
as plats are developed corning in off of Congress Avenue,to
cover what might become the first plat in this area but would be
completed all the way through the project (including all inter-
section improvements, such as turn lanes and other improvements
necessary at the intersection) within five years, which is very
early if you think of it in terms of the 30 year build out of
the project
Mr Zook commented that the project is lucky in that Congress
Avenue has just been widened and has an abundance of capacity
right now, but the intersection at Boynton Beach Boulevard and
Congress Avenue needs to be improved during the first phase of
the project That includes widening out and building dual left
turn lanes One of the improvements being done there is to
prepare right-of-way maps, construction plans, and providing
money to the County because it will become a County project,
probably through the City, since the City will be in control
of it
"
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Though it is not needed in terms of construction, Mr Zook said
the next major improvement during construction is to start work
on the interchange, actually from day 1 of approval on it as
far as the City's conditions recommended by Mr. Annunziato.
Mr Zook stated that is that they start with a feasibility study
of the interchange. Their studies will provide data that have
to be provided to the State Department of Transportation and
Federal Department of Transportation for them to make their
decisions on an interchange. Mr Zook said the City is familiar
with justification feasibility studies with Boynton Beach Boule-
r vard and the turnpike These studies will commence by the
applicant during the first phase
Mr Zook said those are the three major parts to the first
pha~~ The ne~t one is sort of an if or if not type of improve-
ment By the time th~s project is generating 15,000 trips a day,
Congress Avenue will need to be six lanes Mr Zook explained
that they talk in terms of "trips" because that is what causes
the need for more roads. He informed everyone that the County
is confident that they will be six laning Congress Avenue them-
selves and actually requested that If it is not done there,
Mr. Zook said the $900,000 or almost $1,000,000 will be spent on
the interchange If the interchange is underway, Mr Zook said
they will have virtually solved the transportation problems.
He said the Hembers could imagine what the interchange will do
if they have a six lane Congress Avenue at the interchange
~
The third major condition or improvement is, at a point or time
when the interchange is ready to go under construction (let for
bid), to spend another $900,000 on the interchange so they
are talking about a commitment of as much as $2,000,000 towards
the interchange He reiterated that the studies would have to be
made for the Federal and State Governments to approve the inter-
change Mr Zook thought they would approve the interchange,
based on the information from not only the study for this project
but for the County's own thoroughfare plan studies, which have
already identified the need for it on a long range planning type
basis If an interchange is not approved here, the monies that
would go toward the interchange ($900,000) would then be spent
to provide necessary transportation facilities for the widening
and increase in capacity of certain critical intersections on
Congress Avenue that will be needed if there is no interchange
No matter which way they go, Mr Zook said the conditions are
to provide all of the roadway widening and intersection improve-
ments necessary to handle the impact of the project
Enrico Rossi, Professional Engineer, Rossi and Malavasi Engineers,
Inc , 1675 Palm Beach Lakes 'Boulevard, West Palm Beach, Florida
33409, said they did the civil engineering portion of the project,
and he was going to discuss the water, sewers, and drainage with
the Board Members.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr Rossi said they have been fortunate on this project that
the City has put in some master mains. Their plans incorporate
a system of lines which will interloop with the existing system
As the phasing develops, which they envision on the west side
of the E-4 Canal, they will pick up a 16 inch pattern for that
particular phase of development
,.
Mr Rossi advised that the project envisions three loop systems
One is a 16 inch which goes out to High Ridge Road and ultimately
connects to the existing 16 inch, which has presently been built
to the north property line That connects on to a 16 inch on
Miner Road that ultimately goes over to Seacrest Boulevard and
connects to a master system over there
pressurewise, M~ ROsji said there is plenty of water to serve
the property The ultimate use of the water is somewhat less
for this kind of development than if it had been developed
into apartments and single family houses with about 2500 units
The plan of development envisions not only this main 16 inch
loop system but it also picks up, across the canal, an existing
ten inch line that ultimately goes up through the project
They also have some ten inch sub-loops Mr Rossi said the
backbone system is well covered to cover the entire project
In the discussion of the system and the phasing of these lines
into the City, he stated that it was agreed by the time the
project gets within five years of development, they will then
be required to extend the 16 inch line to a place he indicated
on the overlay
Mr Rossi added that the City will be looking at their definitive
construction drawings as they plan each phase.
~
Chairman Ryder said the City proposes to have a storage tank
west of Congress on Hiner Road, and asked Mr Rossi what he will
do with regard to distribution, with that in mind Mr Rossi
replied that the storage tank is a regional consideration for
the whole network.
The next plan dealt with the sewage collection system Mr
Rossi showed the master main along the Boynton Canal on the over-
lay, through which would be their connection to serve the
project. When they get into phase development, there are three
lift stations presently on the conceptual plan Mr Rossi said
they had some discussions with the City as to the need for three
and possibly reducing them to two because of the Cityrs concern
for costs in the future It was agreed that when they start
their first plan of development, they will once more look at
lift station #3, which is the master for lift station #2, to
see if there will be any way those two can be combined into one
Mr Rossi said it was difficult to say at this time, without a
more conclusive study of what the economics are
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
)
With reference to the industrial development, Mr Rossi said it
has been determined that industrial waste that is not compatible
will require pretreatment This will be addressed at that time
The last plan dealt with drainage, and Mr Rossi commented that
they were fortunate to have two receiving canals (E-4 Canal on
the west, and the Boynton Canal to the south) The lake system
developed in the plan follows, more or less, the low contours
The low contours are about 9-1/2 feet Normal ground water
lies at about 8-1/2 or 9 feet.
Mr Rossi continued that the original idea was to hook up to the
highest elevation of 25 feet There are approximately 70 to 75
acr~~ of lakesJ._which will act as their pretreatment of any drain-
age flow from the dev~lopment The lakes will have an outfall
system and will be grouped into one controlled structure The
system also provides for a flow through of the out pieces that
lie north of 22nd Avenue The lakes are designed not only from
the standpoint of retention requirements but also from the stand-
point of size so they will be big enough to handle all of the
project's fill requirements
The fill will be needed to fill in the lowlands Mr Rossi said
the average fill elevation will be around 12 feet, and they are
looking at a finished elevation on the project of around 14
feet Besides the requirement of pretreatment of drainage water
that will end up in the lake system by coming off of the parking
lots, through grassed areas, into receptacle catch basins,
pipes, storm sewer systems, and ultimately to the retention pond
that is part of the control structure, it is designed to maintain
the one inch run off or the first hour of the three year storm
and is in accordance with the South Florida requirements
A further requirement was imposed by the Treasure Coast and in
comments by the South Florida Water Managem~nt District They
are requiring double retention systems on this project and all
industrial sites, which means when someone buys a tract for an
industrial site, they will have to be evaluated for run off
characteristics, hazardous waste storage, etc Mr. Rossi added
that they provided an impervious area in those particular tracts,
which retains the water prior to disposal into the main system
This would apply to industrial sites and not the office and
commercial sites
Hr Rossi informed the Members that they will have a number of
meetings with South Florida Water Management District to work
out a system The purpose is to launder any water before it
gets from the industrial sites into the main system Besides
all of that, the Treasure Coast is requiring them to outline
their methods of storing hazardous waste and how they will
respond to problems of hazardous waste Mr Rossi said this will
have to be addressed
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
,.
t1r. Linkous noted that Mr Rossi mentioned the water consumption
would be much less than if it were residential Mr Rossi
advised that they computed it at around 490,000 gallons a day.
If one takes a normal project of 2500 units and makes it into
apartments, one could easily see that would be about 600,000
gallons a day.
"
If we do not have an interchange on I-95, Chairman Ryder thought
we would be in big trouble on High Ridge Road with traffic coming
from the north. He asked if High Ridge Road is to be widened
just to the city line, above 22nd Mr Zook replied that High
Ridge Road will connect through, but they are not proposing to
widen it all the way to Hypoluxo Road. He clarified that they
are .proposing to add capacity on Congress so that traffic can
get to either Boynto~Beach Boulevard to the south or up to
Hypoluxo Road.
....
In the absence of an interchange on 22nd, Chairman Ryder pointed
out that cars coming from the north will go on to Hypoluxo Road
and try to come down High Ridge Road rather than going all the
way to Congress Mr Zook interjected that it is not their pro-
posal that cars go through there because it is a residential
street Chairman Ryder was trying to point out the importance of
getting the interchange. Mr Zook also thought the interchange
was important and said that was why it was part of the plan
However, if it does not happen, they have to have the capacity
somewhere else.
,.
Rather than spend the money they would spend on the interchange,
Mr Zook said they were saying to spend it on providing the
capacity for Congress Avenue, Boynton Beach Boulevard, and
Hypoluxo Road to have enough capacity to get to those inter-
changes as opposed to spending it widening High Ridge Road and
trying to run it through residential
From a transportation planning standpoint, Mr Zook clarified
that was what they felt was the right thing to do as far as
working with the staff of the City, County, and the Regional
Planning Council Mr Post added they are very much concerned
and think the interchange is the first priority in handling the
traffic
~
According to all of the studies Mr Zook made, in that High
Ridge Road does not cross the canal and is not anticipated
to cross the canal Mr Post advised it is never going to
carry the north/south traffic other roads would because of the
barrier at the canal
As an Engineer, Mr Post dealt with the Department of Transporta-
tion No matter how hard they work at it, a project like that
is not something that will happen in a couple of years because of
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BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
)
the levels of Federal and State highway budgets that will extend
over a multi-year period. Being realistic, Mr Post predicted
it would probably take about ten years before they could be
riding on the interchange with the best efforts of all of them.
He stated th~t they expect it to happen Mr Mauti interrupted
to ask if that was with them bearing the cost of the interchange.
Mr Post replied it was with their efforts. He said they are not
proposing to pay for the entire interchange They are proposing
now to put up the first $200,000 for all of the studies necessary
to justify it.
Mr. Mauti asked where the $900,000 comes into it Mr Zook
replied that is basically after the interchange is approved
Mr _Post said tAey are getting ready to write a check for $200,000
at the outset because~this process takes a long time The first
step is the feasibility study, which must be presented to the
Department of Transportation and to the Federal Department of
Transportation to show why the interchange is needed. When
those stages go forth, then there is an environmental impact
study, which will follow after the approval of the feasibility
report. At that point, Mr. Post said they need to get some
positive response from the Federal and State DOTs that they will
put up the cash and budget this project
While they think it is "a natural" for the interchange, Mr Post
predicted people will say it is not and should not be built He
thought the facts would sustain it. The money they will put up
as seed money will be the $200,000 initially Mr Post
continued that assuming it is still moving forward, the other
$900,000 would be within the next two or three years
~
As pointed out by Mr Zook, Mr Annunziato said the interchange
has the strength of the County thoroughfare behind it in terms of
concept and long range planning. With the money proposed to
be added to the interchange by Riteco, Mr Annunziato said it
would not be unlikely that the County, itself, would have an
interest in the project (likely financial) some time in the
future Whether or not Florida DOT or the Federal DOT is
involved financially in the project, the project has significance
to Palm Beach County
If you take the last re~ort they had for the interchange on
Boynton Beach Boulevard, which was estimated at a cost of
9.6 Million Dollars, $900,000 looked like thirty years away to
Mr Mauti Mr Annunziato said the initial cost estimates for
the interchange have ranged as high as Ten Million Dollars.
Chairman Ryder felt the County would have to see that because with
the interchange, you would go directly into the center Other-
wise, you would use roads that will be overcrowded, and he
explained
Mr Post stated that in no way should they be looked at as being
responsible for building and paying for the interchange because
~ .
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BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
their traffic will constitute a small percentage of the traffic
that will use it. Mr Post said they are proposing to put
about Two r1illion Dollars towards the interchange, which is
considerably in excess of what their actual use of the interchange
will be. He reminded the ~1embers that they are putting the money
up front but ultimately, the interchange, as part of the Interstate
system, will hopefully be funded 90% by the Federal Government
Mr Mauti said what they were talking as $2,000,000 in liabilities
to Riteco would mean a lot more in assets as far as the project
going through Mr Post agreed that the interchange will benefit
them but nothing like paying for the whole thing He thought
their efforts would be the catalyst to get the interchange to
hap~~ning
$"
Mr Linkous questioned whether there was a point Mr Post could
see in the future where he would curtail or slow down his
development if the interchange was not feasible or they could
not get the money and did not approve it Mr Post replied that
their economic planning was based on the research by Goodkin
Their figures indicated that the project would be projected to
build out in thirty years Without the interchange, it will be
a slower process With or without the interchange, the area will
be built up, and sound planning will. be the foundation of the
direction it goes, which was what the Board was doing tonight and
why they were here Mr Post thought the area was being soundly
planned.
Mr Linkous noted Mr Post alluded to sound planning and said
sound planning was established in 1978, which was one of the
reasons he brought it up He assumed this was sound also.
Mr. Gregory asked Mr Annunziato if there was anything that would
prevent them fran escalating the project if there is no interchange.
When one of those points is reached, such as 15,000 trips, Mr
Annunziato advised that things have to happen If the inter-
change is not there, Congress has to happen If Congress is not
there, intersections have to happen To answer the question,
Mr Annunziato reiterated that there is nothing to stop the
project if there is no interchange
Mr Zook mentioned two other things required by staff One was
a monitoring program, which starts after a certain number of
acres are developed for a phase of the project Starting at
that point, they have to count the traffic going in and out of
the project so they will always know when these needs are
necessary as time goes on That is one important issue that
helps them make these various decisions
Another important feature or condition is that signalization and
other intersection improvements at the entrances and other lo-
cations are required
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
)
Mr Linkous reminded Mr. Zook that he mentioned they would have
to make possible improvements as the traffic increased He
asked if that meant in lieu of a four lane on 22nd, there would
be a six lane On Congress, Mr Zook said there would be six
lanes.
Mr. Linkous asked who would bear that expense. The first five
years, Mr Post said they will spend $1,200,000 on road improve-
ments, including the seed money to start the interchange study
The next, $900,000, will go to advance the interchange further,
provided the County has six laned Congress and done some other
things. If they have not, the $900,000 goes to meet their traffic
impact on Congress and other intersections. The same condition
prevails for the third $900,000 If the interchange is going
ahea-d, $90a,00'Q"'-goes f;:o the interchange. If the interchange does
not go ahead, another $900,000 will be earmarked for various
congestive places to improve the traffic system and to counter-
act the project's impact on it Mr Post said one other thing
they had not mentioned but which is included is that the
$900,000 commitments es~ate in accordance with a construction
index so that if they build them, they build them. If it is
money they are giving them, Mr Post said it gets adjusted for
inflation to keep up with the construction dollar index
~
Assuming 20% has been approved and they are corning back for
another 10%, Mr. Linkous asked if this would have to go before
the City Council for approval before Riteco can proceed with
a 30,000 or 40,000 square foot building If the traffic is
impossible at that time, Mr Linkous wondered if that could
be curtailed Mr. Annunziato did not think the project could
be stopped because of traffic, the way it was being proposed
to the Members He said this was a consideration which was
raised by the County Traffic Engineer What will happen is,
when necessary, as indicated by the traffic counts, things
will happen Mr. Mauti asked who will be responsible for
them Mr. Annunziato answered that Riteco will
Mr Linkous questioned whether it should not be that the
Planning and Zoning Board should approve a portion of it in
order to protect themselves and the City, as they have a
responsibility to both Riteco and the City Mr. Annunziato
replied that the Planning and zoning Board can certainly
address those issues
Mr Hauti asked if they were just going to widen out 22nd
Avenue to meet the portion of the property which they are going
to develop Mr. Zook answered that it will be widened all the
way through to Seacrest Boulevard As part of the first plat,
~1r Post said they will four lane 22nd Avenue from Congress over
to the entrance of the plat, which will be a small improvement.
The road is very under utilized right now From there to
Seacrest, Mr Post said they are obligated to complete the rest
of that within five years Within five years, the whole thing
will be four laned
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr Mauti wondered if they should have some sort of bond issue
Mr. Annunziato informed him that the requirement does not dis-
appear for the four laning of 22nd Avenue It is triggered by
the filing of the first plat Within five years of the filing
of the first plat, regardless of the degree of development in
this proposed park of commerce, 22nd Avenue must be four laned
from Congress to Seacrest, excluding the bridge over the
Interstate, which has a lot of different qualifications
Mr Post added that was where the five year deadline came in on
extending the water main up High Ridge Road to that collector
Regardless of the degree of development, they will do those
things within five years.
Mr. Linkous asked if 40% of the property comprised Phase I Mr
Pos~.replied that it .epends on whether you are measuring it
by acreage or square footage Mr Linkous was measuring it by
acreage Mr Post thought 40% was a fair amount
Chairman Ryder pointed out that the Board was to basically
consider rezoning tonight That did not mean that the Board was
not going to get back on some of the other phases, but tonight
they were to decide whether to go ahead with the rezoning
Mr. Annunziato wondered if everyone understood the initial
$200,000 and what that is used for He explained that is an
immediate requirement which brings them to the point of having
either a "Yes" or "No" on the interchange
Chairman Ryder noted that Mr Barden mentioned something about
some kind of architectural control from the standpoint of
uniformity, landscaping, etc He asked if they were going to
have some kind of permanent review board Mr Barden replied
that they will have a Master Property Owners Association
established with the approval of the City Attorney The docu-
ments will be recorded with the first plat, which will establish
a membership of the Property Owners Association Each new
industry that comes into it will become a member, and they will
be assessed for the maintenance of common areas, including the
overall master drainage system
Hr Barden continued that irrigation of the common areas will
be the responsibility of the Property Owners Association or
the private owners of lots The Association will also estab-
lish an Architectural Review Committee, which will be adminis-
tered by the property owners, using the guidelines which will
set the theme for the building, certain kinds of roof types,
and architectural administration, as well as energy efficient
ideas The most important will be the preservation of the
environmental and ecological system They will also establish
the coordination of security
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BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Chairman Ryder asked what roads will be dedicated roads and which
will be private roads Mr. Post answered that City Manager
Cheney has been very persuasive on that point, and they will
go with public streets
Chairman Ryder said they had to address the Treasure Coast
conditions and the City's conditions Mr Annunziato agreed,
adding that then they would move into the public hearing
~
Mr. Annunziato said there were two lists of conditions attached
to the me~o which he transmitted to the Board One (Exhibit D)
was the list of conditions composed by the City's Technical
Staff It was suggested this be modified, based on the
recommended modifications to Exhibit D, which the Board found
before them tonTght, ~The second list of conditions was a
list that was composed by the Regional Planning Council and
agreed to by Riteco as a part of the development of regional
impact process
Mr Annunziato said he would read "Exhibit D", and the applicant
could respond He informed Mr Mauti that the applicant had a
copy of the exhibit. The following are the comments of Mr
Annunziato with regard to each condition and the answers given
by l-1r. Post:
1 Mr Annunziato said Miner Road extends through this project
along its entire northern boundary The Planning Department
recommended that the applicant agree to dedicate the right-of-
way for Miner Road to this property within not sixty (60) days
but ninety (90) days, as modified This recommended modifica-
tion resulted from receiving the developerls comments back from
the Planning Department's initial list
Mr Post stated that they requested the slight increase in
time but accepted the condition in total
~
2. N W 22nd Avenue appears in the Palm Beach County Thorough-
fare plan as an arterial also with 108 feet of right-of-way It
currently exists as a 100 foot right-of-way Again, Mr
Annunziato said the recommendation is ninety (90) days as opposed
to sixty (60) days
Mr Post accepted that recommendation
3 This referred back to the Regional Planning Council's
comments about the 40 acres of scrub habitat that must be set
aside Because, if this is approved, the City of Boynton Beach
will be responsible for the enforcement of the Development Order,
in developments of regional impact, Mr Annunziato said there
will be three Ordinances, if approved, which will govern the
approval of this project There will be a Rezoning Ordinance,
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
an Ordinance to amend the Land Use Element of the Comprehensive
Plan, and an Ordinance to adopt the Development Order The
Development Order, as Mr Annunziato has seen them, includes
findings of fact, conditions of law, and a list of requirements
which are imposed on the development One of those is to set
aside these 40 acres
,.
As the local government issuing the Development Order, Mr
Annunziato said the City is required to enforce those conditions
imposed. Therefore, the City is asking that within one hundred
eighty (ISO) days, as modified by the applicant, that the appli-
cant provide for the City legal descriptions of those areas
which have to be set aside Mr Annunziato said this is to
remove the continued responsibility for adding up the acreage
over~the 30 or-40 year build out of the project to arrive at a
conclusion when it is allover that 40 acres have been set
aside
Mr. Annunziato informed Mr Linkous that one of the conditions
of the Regional Planning Council is that the applicant perform
an Environmental Management Study in connection with the Regional
Planning Council and the City This study will determine where
and what size the 40 acres should be. It is sort of an ecological
study and, once determined, it will then be described legally
and submitted to the City.
,
Mr Post commented that Mr Annunziato had explained
very clearly why an area has to be specified They asked for
the additional time because it will take considerable time to
pinpoint the areas to be preserved because they are to preserve
40 acres out of a total of about 160, as they are required to
preserve 25% There is a matter of choice and selection of
which 40 acres are going to be preserved. Once that is decided,
on the basis of the ecological studies and the animal habitats,
Mr Post said they will have to prepare legal descriptions of
where the parcels are He concluded by saying they will be
happy to comply, but it will take a little time.
Mr Linkous kept questioning whether it would be the southeast
corner, and Mr. Annunziato replied that he thought generally,
that would be the location because it is generally the scrub
habitat, although he did not think it would be in one piece
Mr Post informed Mr Mauti that it will not be in one piece
~
4 Mr Annunziato read the substituted language, which said
the developer would provide, for the Cityrs approval, documents
which would specify the nature or the responsibility for the
continued maintenance and preservation of the 40 acres of scrub
habitat set aside At this point, Mr Annunziato said it is not
contemplated that these 40 acres will be maintained by any
public entity Because the City is responsible for the
continued maintenance and operation of those facilities,
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
at least legally, Mr Annunziato said the City will be responsible
for reviewing the documents that dedicate these scrub habitat
areas to the Property Owners' Association. The City wanted to
reserve unto itself that authority to maintain its position
with respect to enforcing any Development Order that may be
approved as a result of this process.
Mr. Post understood what was being required and said they
were in agreement
Mr Gregory asked if the 40 acres that will be set aside will be
based upon a study that will be made and will not be a random
decision
Mr. Post replied that they are obligated by the Regional
Planning Councii to Pieserve 40 acres "Preserve" means you
have to leave it like it is and provide a habitat for animals,
etc There are more than 40 acres on the project, and they are
going to study the aerial photos and pick out 40 acres Mr
Post stated that they are going to try to get double duty out
of it and use some of it for required setbacks One way or the
other, the City will have prrcels aggregating 40 acres, all of
which will be large enough to maintain and preserve the sand
pine, scrub, and animal habitat. Mr Post said it will be a
rectangular parcel
5 Mr. Annunziato said an Ordinance which requires a non-recrea-
tional civic dedication of land, land and dollars, or dollars will be one
of the items which will appear on the next Planning and Zoning
Board Agenda for the purpose of enhancing the City's capital
facilities plan and for the purchase of non-recreational
facilities and equipment to be used to serve new facilities in
the City Mr Annunziato asked the Members to recall the
Melear approval with the five acres that were required to be
dedicated One of the pledges the City made was to look into the
adoption of an Ordinance to be put into the subdivision regula-
~ tions
Mr Annunziato said what the Members saw in #5 was that
Ordinance as it applies to address this particular development
The applicant has responded by saying there may be some problems
with the legality of the Ordinance, as initially drafted The
applicant also said they are in full agreement with the concept
of a civic dedication Ordinance, and Mr Annunziato said the
applicant has agreed to submit their comments to our legal
staff to help us buttress our Ordinance so that it is one that
is enforceable
In lieu of #5, Mr Annunziato was asking that language be
included that says the Planning and Zoning Board recommends
approval of item 5 in concept and forwards it to the City Council
as proposed Hopefully, by the time the Council has its
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
November 8th hearing on this development of regional impact, the
Ordinance will be in a more sufficient form
Mr. Post clarified that they have reservations about the
legality of it because it is their understanding that impact fees
are supposed to relate directly to your impact, and you are
supposed to pay for the impact you have caused Mr Post stated
that they are perfectly willing to do that and as long as the
Ordinance is held to be fair and legal, they will abide by it
He said it is that simple.
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Mr. Linkous knew that he had objected strenuously at the time they
took five acres from Melear He asked if it was true that was
possibly illegal Mr Annunziato did not think it was illegal and
thougnt the concept was~becoming more and more legal now with the
Supreme Court acting on the impact fee He referred to cases which
support different kinds of impact fees and District Court of Appeals'
rulings on recreation fees in Broward County and thought this was
something the Board would see more and more of Mr Annunziato said
the important thing is to have an impact fee that is measurable,
definable, and easily accessible to the project He thought the
accessibility was really what the applicant was talking about
#6 concerned the construction of water mains and the timing of the
construction of water mains Mr Annunziato read the substitute
language, which the Planning Department sug~ested. Mr Rossi
pointed out the locations on the water plan map of all Phase I
utilities if development commences east and west of the E-4 Canal
Mr Annunziato explained that what they were saying is if the
project commences west of the E-4, there are improvements that
have to occur which are part of the total Phase I improvements
(They supplement the Phase I improvements )
r Hr Rossi said they went ahead and put a force main across
~ there in coordination with the construction that is out there now
Mr Post accepted #6 but wished they could "grumble" about
it
7. Mr Annunziato said this concerns the potential of saving the
City some long term expenditures. In lieu of the language in
Exhibit D, the Planning Department suggested the language in the
memorandum from Perry Cessna, Director of Utilities, to Carmen
Annunziato, Planning Director, dated october 23, 1984, which Mr
Annunziato read.
~ At issue here is lift station #2, as it appears on the plan
Lift station #2 is basically west of High Ridge Road on the south
side of 22nd Avenue and serves those areas east and somewhat north
and south on High Ridge Mr Annunziato said that Mr Cessna sees
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
a potential, because of the existing contours, for eliminat-
ing lift station #2 by deepening the gravity main which
extends eastward, and then northward from lift station #3, to
collect the sewage over the reaches of lift station #2.
Chairman Ryder asked if they were talking about deepening an
existing line. Mr. Annunziato explained that this is all
new construction.
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Mr. Rossi had no problem with it.
8. Mr. Annunziato read #8, which remains as originally pro-
posed.
$"
Mr. Post remarked, "Right."
9. The Planning Department suggested that the utility ease-
ment be changed from twenty (20) feet to twelve (12) feet.
Mr. Annunziato said one of the problems the City now has as
a municipality is the lack of water to serve Curt Joa and
the rural facilities on the south side of High Ridge Road at
the Boynton Canal. This developer will be extending water
to that site. However, in order to provide proper protec-
tion, it is the Planning Department's feeling that water
system should be a loop system. The City will provide the
opportunity for Curt Joa et al to loop back along the
Boynton Canal and tie back into the water main which will
cross the Boynton Canal, giving them a loop system over the
easement. Obviously, Mr. Annunziato said the easement is a
requirement.
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Mr. Post agreed with that.
10. Mr. Annunziato read #10.
lto..
Mr. Post agreed.
11. Mr. Annunziato suggested paragraph neb)" be eliminated.
Mr. Post agreed.
12. This paragraph was read by Mr. Annunziato.
Mr. Post agreed.
13. Mr. Post agreed, after hearing the paragraph read by
Mr. Annunziato.
Mr. Gregory was informed by Mr. Annunziato that the City
will do the maintenance.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr. Post recalled that was the one in which they had a
lot of discussion and what convinced them to make all of the
speeches. He added that City Manager Cheney made a speech
and convinced them.
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14. Mr. Annunziato substituted a letter dated October 22,
1984, addressed to Peter Cheney, City Manager, from Wade
Riley, Vice President, Riteco Development Corporation. Mr.
Annunziato said the letter evolved around the existence of
the Fraternal Order of Police Association site, which is the
City's park located in what potentially would be the south-
west corner of an I-95 interchange at N. W. 22nd Avenue.
Mr.-Annunziat6~said )t is now where the Police dogs are
trained, and a shooting range is under construction. It is
not heavily used as a public facility but would eventually
be heavily used.
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Mr. Charles Frederick, Director of parks and Recreation,
suggested the need for a northern district park at some time
in the future. The applicant objected to it. However, Mr.
Annunziato said the City was able to prevail upon the appli-
cant, with good reasoning, the potential for doing something
which the City believes will enhance the project and the
City's ability to have a northern district park.
Mr. Annunziato said this evolves around the exchange in
value of the FOPA site which, because of its location with
respect to this park, could possibly be converted to more
acres than it currently exists in. The FOPA would be re-
located to an area which better serves the city and can be
utilized by the park of commerce as a buffer to residentially
zoned property.
~
Mr. Annunziato said there are obviously good reasons for
moving the site: (1) From the public's point of view, if
there is an interchange, the return to the public in terms
of taxes paid with an intensely developed site like that.
(2) Because of its location, it could probably be converted
to the advantage of the City.
Mr. Annunziato added that will involve a review by the County.
The requirements on the deed are if it is not used for
public purposes, it would revert to the County. Mr.
Annunziato did not see that as a problem. Mr. Gregory asked
what the value was equivalent to with respect to the 17.6
acres as opposed to what the acreage is for the FOPA site.
Mr Annunziato replied that they would have to make some
appraisals. At this point, the value is not known. Because
of the location, if the park is approved, its value would
increase significantly.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr. Post was assured that #14 as it appeared in "Exhibit
D" was stricken and replaced by Mr. Wade Riley's letter of
October 22, 1984.
Mr. Annunziato said the City is hoping that between now and
the adoption of any Development Order (if there is to be
one), some more substantial language will be developed.
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Mr. Post stated that they were prepared to move ahead on
that concept, which was why they wrote the letter. They
thought it was clearly to the City's benefit and not detri-
mental to it.
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15. Mr. Annunziato advised that these were considered to be
recommendations, which emanated from craig Grabeel, Energy
Coordinator and Special Projects Officer of the City.
16. Mr. Annunziato read #16.
The Board took an intermission at 9:35 P. M.
At 9:45 P. M., Chairman Ryder called the meeting back to
order.
Chairman Ryder understood that the applicant was in accord
with the conditions that were suggested by the Treasure
Coast. Mr. Post affirmed Chairman's Ryder statement.
Chairman Ryder did not see any need for the Members to go
through that. The Members agreed.
Chairman Ryder asked if anyone wished to speak in favor of
the request.
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Don Zyto, Vice President and Senior Banking Officer, Barnett
Bank, who resides at 10790 Green Trail Drive South, Boynton
Beach, informed the Members that he is now the President of
the Greater Boynton Beach Chamber of Commerce and was repre-
senting them.
Mr. Zyto said representatives of the Economic Development
Committee of the Chamber of Commerce studied the DRI report
and believe the approval of the application for development
is in the best interest of the citizens of the City of
Boynton Beach and its reserve annex area.
Mr zyto told of the Chamber of Commerce's work in the past
five years to help businesses and industries and said good
sites for locations have been hard to find in Boynton Beach.
He referred to Boca Raton and the Arvida Park of Commerce
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
and said now the Boynton Beach Park of Commerce, by Riteco
Development Corporation, will finally provide Boynton Beach
with an outstanding building site in a well designed, pleas-
ing park environment planned around water as a recreational
element.
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Mr. Zyto gave the estimated numbers of new job creations and
the amount of ad valorem taxes to the city. He added that
there are also impact fees to improve, widen, build, or re-
build transportation arteries, money to expand City govern-
ment service centers, new buyers for new dwelling units,
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Mr. Zyto concluded by saying the Chamber of Commerce urges
the Board to recommend approval to the City Council. He
also told the Members that the interchange at 1-95 and N. W.
22nd Avenue is now the #1 priority of the Transportation
Committee of the Chamber of Commerce.
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Carl L. Terwilliger, 1602 N. W. 23rd street, Boynton Beach,
works for the Division of Plant Industry, Department of
Agriculture, is President of the Broward Native Plant Society,
a Member of the Palm Beach County Native plant Society, and
a Member of the Audubon Society.
Mr. Terwilliger said many of the Members of the Societies he
represented could not be present. He felt the plans were
very good because 1/4 of the scrub area would be preserved.
Mr. Terwilliger thought 40 acres was a good start and said
this is the only area where people are interested in this
kind of habitat and where people can study birds and native
plants other than Jonathan Dickinson park. The Societies he
was representing will use the site.
Mr. Terwilliger proposed that thought be given to increasing
the 40 acres and that the Board especially take into account
the area to the north of 22nd Avenue, which is fairly un-
disturbed right now.
Bill Fruth, 59241 Longbow Lane, West Palm Beach, Executive
Director, palm Beach County Development Board, Inc., told
the Members the Board he represents is the designated group
by the County Commission and State Department of Commerce to
recruit industry for Palm Beach County.
Mr. Fruth stressed that there is a need in the County for
more well planned industrial parks. The reason Palm Beach
County has not been successful in recruiting high tech
industry until recently was because of the availability of
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
property, and he explained. Mr. Fruth gave examples and
pointed out the importance of good planning. In the long
term, his Board thinks this particular project and projects
like these will create a better end product for the County.
Mr. Fruth concluded that the Development Board wholeheartedly
supports the program on the basis that this park, as proposed,
is a well planned park.
As no one else wished to speak, Chairman Ryder declared that
TijE PUBLIC HEARING WAS CLOSED.
$"
Motion as to #1
Chairman Ryder reminded the Members these are the presently
zoned residential areas.
Mr. Mauti moved to approve the request, subject to all of
the Boynton Beach comments in connection with the Treasure
Coast comments. Mr. Pagliarulo seconded the motion, and the
motion carried 7-0.
Motion as to #2
Chairman Ryder told the Members this pertains to the area
that is currently zoned M-l.
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Mr. Linkous moved to grant the request for rezoning from
M-l (Light Industrial) to PID (Planned Industrial Develop-
ment), subject to the requirements of the City and the
Treasure Coast Regional Planning Council. He informed Mr.
Terwilliger that 80 some acres have been set aside for what
Mr. Terwilliger was talking about. Mr. Mauti seconded the
motion, and the motion carried 7-0.
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ADJOURNMENT
There being no further business to come before the Board,
the meeting adjourned at 9:58 P M.
~~S~7~
patricia Ramseyer
Recording Secretary
(Three Tapes)
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