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CORRESPONDENCE rrFte City of iBoynton ~eacfi avl\.- ~ .P~ 100 'E. tJJoynton tJJe.adi. 'Boult.'()Q.T({ P.O tJJo't,310 tJJoynton tJJeadi, 1'Corida 33425-0310 City:Jfa[[. (407) 734-8111 1':<<. (407) 738 7459 January 26, 1993 Andrew A. Juster Vice President Real Estate Finance 115 West Washington Street Merchants Plaza Indianapolis, IN 46240 Dear Mr. Juster Pursuant to your request staff has reviewed the October 1991 Engineering report of Craven Thompson and Associates, Inc., and would offer the following infonmation for your use - SECTION 3.2 (p.8) Arterial and Interior Road Network 1. Northwest 22nd Avenue (4-lane with turn lanes 6,100 linear feet) property owner - City of Boynton Beach per transfer from Palm Beach County and per dedication on face of Plat 'I-A, '4 and '6 - recorded OR Book 57, pg. 180-193. 2. High Ridge Road (north) (4 lane turn lanes, 4,850 linear feet) pro- perty owner - City of Boynton Beach per dedication on Plat '8, tract C - recorded OR Book 57, pg. 196-199. - SECTION 3.4 Water Distribution System The entire water distribution system (100%) as described in the Engineering report is to be owned and operated by the City of Boynton Beach. Enclosed are the provisions of the City Code requiring this, as well as copies of the original penmits from the Health Department and Department of Environmental Regulation requiring City ownership. The City has received a Bill of Sale, dated October a, 1992, for this system, (copy enclosed). - SECTION 3.5 Sanitary Sewer System The entire sanitary sewer system (100%) as described in the Engineering report is to be owned and operated by the City of Boynton Beach. There are 4 lift stations in the Quantum COD. Three (3) lift stations serve the Quantum property, one lift station serves the Shoppes of Boynton. The City has received a Bill of Sale for the sewer system dated October 8, 1992, (copy enclosed). 5lmerUa s (jateway to tlie (julfstream -2- The City has ownership of lift Station '1 (capacity 180 gallons per minute) per dedication on Plat '3 and that lift Station is located within the boun- daries of the City Park site. We have received a Warranty Deed for lift Station '2, (312 GPM capacity) located on Plat '6 dated October 8, 1992. We are still in need of Warranty Deeds for lift Station '3, located on Plat '5 and lift Station 14, located on Plat I-A serving the Shoppes of Boynton. - SECTION 3.6 Parks, landscaping and Open Space A. City Park - The City owns lots 92 and 92A consisting of 15.87 acres (not 15.79 per Engineering report). Quantum Associates on June 4, 1987 deeded this property to Palm Beach County, who in turn on August 1987 deeded it to the City of Boynton Beach, (copies of deeds enclosed). - SECTION 3.7 Development Order Obligations A. Development Order 123 - completed and under City ownership B. Development Order '24 - Staff was unable to verify status of this Development Order C. Development Order 125 - completed DIE Development Order 126 and '27 - Staff was unable to verify status of these two development orders. F. Development Order '28 - ongoing G. Development Order 129 - Staff was unable to verify status of this Development Order I have also enclosed copies of the correspondence regarding these items over the past several years for your information. The City has not as of this date recorded the Bill of Sale for the water and sewer system or the Warranty Deed for lift Station '2. If there is additional infonmat1on needed or any questions on the enclosed, please call. Sincerely, CITY OF BOYNTON BEACH L (f/..A-~ Yf<-~ Carri e Parker Assistant City Manager r~ECEIVED CP jb enc. cc J. Scott Miller, City Manager Pete Mazzella, Utilities Dept. Chris Cutro, Director of Planning Central File JAN 29 PLANNI'NG o.t'PT,! . -.----,--.- .. treQlure co~t regional planniog council v f 'Vr j t I :(1 May 26, 1992 Mr. Cris Cutro Planning Department City of Boynton Beach 211 S Fcd2ral Highway P.O. Box 310 Boynton Beach, FL 33425-0310 Subject: Quantum Park Development of Regional Impact Dear Mr Cutro Our office has recently received a few requests for information about the status of the 40 acres of scrub required to be set-aside on the Quantum Park Development of Regional Impact (DRI) pursuant to Development Order Condition No 6 (Ordinance 84-21) and subsequent correspondence between council, the City of Boynton Beach, and Quantum Associates Reference has been made to Tri-Rail station expansion onto the Quantum Park DRI Please be aware that use of a parcel on the Quantum site for a Tri-Rail station will require that the DO be amended to add approval for institutional use A "notification of proposed change" form (enclosed) should be submitted to the City, Council, and Department of Community Affairs prior to holding a public hearing to determine if the change requires substantial deviatian review These procedures and requirements are covered under Florida Statutes Chapter 380 06 (19) and rules 9J- 2 025-9J-2.0252, Florida Administrative Code. Staff is supportive of expanding Tri-Rail services and thinks there is much opportunity for a station in the DRI to become a well-used destinatian point RECEIVED MAY 27 3228 s.w. martin downs blvd. suite 205 p.o. box 1529 palm city f10rida 34990 phone (407) 221.4060 sc 269.4060 fax (407) 221-4067 PLANr."JG cc:er. - --=-~ Mr cris cutro Planning Department City of Boynton Beach May 26, 1992 Page Two I f you have any questions concerning the proposed change process, please do not hesitate to call Yours truly, S~B~~ Review Coordinator SEB:lhb Enclosure cc' Donna Foster Edward B. Deutsch FORM RPM-BSP-PROPCHANGE-l STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IXPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously appraved DRI be made ta the local government, the regional planning agency, and the state land planning agency according to this form. 1 I, , the undersigned owner/authorized representative of (developer) hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the (original & current project names) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to (local government) Regional Planning Council, and to the to the Bureau of State Planning, Department of Community Affairs (Date) (Signature) 1 / ......, ~ .., 2 Applicant (name, address, phone). 3. Authorized Agent (name, address, phone). 4 Location (City, County, Township/Range/Section) of approved DRI and proposed change. 5 Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department o~ any reviewing agency to clarify the nature of the change or the resulting impacts. 6 Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development If no change is proposed or has occurred, indicate no change 7 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i e., any information not already addressed in the Substantial Devia- tion Determination Chart) Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so., has the annexing local government adopted a new DRI development order for the project? 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. 2 9. Indicate if the proposed change is less than 40% (cumula- tively with other previous changes) of any of the criteria listed in Paragraph 380.06(19) (b), Florida statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e)2., F S. YES NO 10 Does the proposed change result in a change ta the buildout date or any phasing date of the project? If so, indicate the proposed new buildaut or phasing dates 11 will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporatian into such an amended development order, pursuant ta Subsections 380 06 (15), F S., and 9J-2 025, Florida Administrative Code 12. An updated master site plan or other map of the develop- ment portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. 13. Pursuant to Subsection 380.06(19) (f), F S., include the precise language that is being praposed to be deleted or added as an amendment to the development order This lan- guage should address and quantify' a All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representa- tions in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major character- istics or components of the praposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; c A proposed amended development order deadline far commencing physical development of the proposed changes, if applicable; d A proposed amended development order termination date that reasonably reflects the time required to complete the development; 3 ~ ~ e. 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Ql.4-J I""'l ~e I""'lQlQl Ql p..z aP:::oo .4-J :> ~:s .c a ~ x P::: 8 lI) .4-J ~ Ql Ul S Q) Ql C' Ul C ca ca Ql Ul Ul .c C' Ql C Ul 0 C"'1""'l 0 o lI) .,.j ~ 0 .,.j J.4Ql 1""'l'00.,.j Ul+J lI)C"lO ca=,p:::.c ~ca .4-J-ca CI""'l Ql a+J .,.j I""'l a 0...:> .,.j C CQlQ..lI).,.jCQl .4-JQl ::> 0 Ql .p.,.j C' r-t .,.j Ul caC'Qlca caco 'CQl I""'lQ,C>'O "'~CUlCJ.4 ca tI).,.j a a Ql.,.j J.4 Q,a Q, ~ ~ I""'l I""'l C' ca Ql.,.j 0 Ql CJ.4J.4Q, caJ.4.4-JJ.4 J.4 QlocaSQlQl'C)<E-t P:::op..~.4-JJ.4 ~ 0< I""'l .,.j 0 C *~**OO< * ell( Ql J.4 ca & Ul .. - Carole PhiJ1ips, Vice Olair Carol A. Roberts Carol J Elmquist Mary McCarty Ken L. Foster Maude Ford Lee May 21, 1992 Michael J Toll Development Manager Quantum Corporate Park 110 S E Sixth Street, 21st Floor Fort Lauderdale, FL 33301 SUBJECT QUANTUM PARK, BOYNTON BEACH - ORDINANCE 84-51, SECTION 4 (24) INTERSECTION OF BOYNTON BEACH BOULEVARD AND CONGRESS AVENUE Dear Mr Toll This letter is to advise you that Palm Beach County advertised for bids for the construction of the subject project on Sunday, May 17, 1992 Pursuant to Condition No 24 of the above-captioned Ordinance, Quantum Park is to provide directly to Palm Beach County the sum of $141,000 00 (One hundred forty-one thousand dollars) within thirty days after the contracts for the project are let and construction has commenced 'e anticipate that these two actions should occur within the next ninety days ou will be notified as to the actual date of commencement for this project That notification will contain a request for the payment of the funds pursuant to the condition of approval Please do not hesitate to contact this office if you have any questions Sincerely, OFfICE OF THE COUNTY ENGINEER ~/~ Charles R Walker, Jr , P E Acting Assistant County Engineer CRW ~ emg pc Christopher Cutro, Director - Planning & Zoning, City of Boynton Beach File Intersection - Boynton Beach Blvd & Congress Ave Subdivision - Quantum Park ash\quantum @ prinled on recycled paper An Equal Opportunity - Affirmative Action Employer Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 <. .,.... December 24, 1992 Mr Chris cutro Director of Planning City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33425 (' /) c~/' ~ -........ ,.... L,' t-"-" ;' JLI':;ULG~ t Subject N.W. 22nd Avenue Interchange at Interstate 95 Dear Mr Cutro We have recently researched aur recards relating ta the N W 22nd Avenue Interchange praject and have determined that we have not received the committed financial contributions from the City andjar the developer of the Quantum Corporate Park taward this project On December 4, 1992, when we spoke on this subject, I had not yet been able to contact our project management staff on this subject Likewise, you indicated that you planned ta research this issue with city staff since that time, I have nat been able ta find any evidence that Deutsch-Ireland, Inc , the current developer of Quantum corporate Park, has met its funding requirements far aur interchange project It appears clear that the develaper intended to furnish a financial cantributian taward the cost of right-af-way acquisition and canstruction of the interchange as part of the Development Order issued by the City af Bayntan Beach on December 18, 1984 Twa cantributions af $ 900,000 each accarding ta Canditions 26 and 27 vf the D€:velo~mejlt Order &hc.uld have been madt:: to t.11~ D~~Cli. tiill:mt prior ta the commencement af construction of the N W 22nd Avenue Interchange project The constructian letting date far this praject was February, 1991 Canditions 26 and 27 of the Developm~nt Order are cited below "(26) When external trips generated by the project exceed 15,000 trips per day, the develaper shall construct, or cantribute to Palm Beach Caunty the cost af constructing, two additional lanes on Congress Avenue, bringing it to a six-lane capacity, fram Boynton Beach Boulevard ta Miner Road If this impravement is canstructed by others at no cost to the developer and if neither the state nor Federal government has indicated disapproval of the I-95 interchange at Narthwest 22nd Avenue, the developer shall contribute $ 900,000 taward canstruction of the interchange in lieu ~RECYClED WPAJ'f1l ...' .....;~..~.......t'~,,-~'*...;~ Letter to Chris Cutro December 24, 1992 Page Two of said Cangress Avenue improvements, provided, however, that if the cantributian is nat required far the interchange due ta the fact that the state or Federal Gavernment has indicated disapproval, the developer shall pravide $ 900,000 to the County to be used for improvements at the inter- section of Boyntan Beach Boulevard and Congress Avenue and at the intersection af Northwest 22nd Avenue and Congress Avenue to provide additianal capacity required if the interchange at 1-95 and Northwest 22nd Avenue is not construct!?" The contribution nnder this candition shall nat exceed $ 900,000 00 except as that amaunt is adjusted for changes in the cost of living by a construction cast index using 1985 as the base year (27) The develaper shall cantribute $ 900,000 00, in excess af any contribution made pursuant to Condition 26 above, for right-of-way acquisition and canstruction of an interchange at 1-95 and Northwest 22nd Avenue at such time that the funding is needed ta carnrnence with canstruction of the interchange The develaper shall also dedicate to the appropriate gavernmental agencies any incidental right-of-way, not to exceed three acres, which is needed for the interchange and is lacated within the project boundaries If the interchange is disapproved by the responsible state and Federal agencies, the developer shall cantribute $ 900,000 00 to Palm Beach Caunty for improve- ments at the intersectian of Congress Avenue and Boynton Beach Boulevard and the intersection of Congress Avenue and Narthwest 22nd Avenue when the project generates in excess af 15,000 external trips daily This cantribution shall not be required in the event that the $ 900,000 00 cantributian required under Candition 26 above is allocated to improvemen~s at ~hese intersections The contributiou under this condition shall nat exceed $ 900,000 00 except as that amount is adjusted for changes in the cost of living by a canstructian cost index using 1985 as the base year It is alsa clear that the City recagnized the developer's intention to contribute funds taward the praject and stated in its Resolutian No 88-PP dated June 21, 1988 that "Quantum Park has set aside a financial cantribution far the construction af this interchange " We are also in receipt af an Annual Monitoring Repart for Year 1990 on Quantum Park which indicates that payment for Condition 27 has been made This infarmation was abtained in early December, 1992, fram the Treasure Caast Regianal Planning Cauncil We believe this information is in error .<,.,.....~~""....~---'"""'-_.....--~~~.,....;1'."].. """,. -i"'~ ' -r lfr-. <- I~ ...... l . . . 1:1't'~: L . ...~, Letter ta Chris Cutro December 24, 1992 Page Three Since the city of Boynton Beach is responsible far enforcing the requirements of its Develapment Order, we are asking for your assistance in obtaining the camrnitted financial cantributions far the N W 22nd Avenue Interchange and transferring them to the Department As you know, the Department was responsible for the costs of the right-of-way and constructian phases of the inter- change project Please advise me on the best way ta proceed with this matter If yau have any questians, I can be reached at (305) 524-8621, extension 264 S'ncerely, ~ A ~-lAd~ Jamie A Cachran, AICP District Manager of Pragramming and Contracts JAC c cc Gus Schmidt, FOOT Joe Yesbeck, FOOT Gearge Webb, Palm Beach County Dan Cary, Treasure Coast Regianal Planning Council steven Deutsch, Deutsch-Ireland tJ1ie. City of .. ' 15ofJnton 'Beach 100 'E. '&1ynton 'BuIdJ 'Boukvarrf P.D ~310 'Boynton '&4&, 1f.orUfa 33425-0310 City:Jlalf. (40iJ 734-8111 if:U, (40i) 738 7459 l'r tzJ 7;) f~/ fPv/ / - ~.. November 21, 1991 Mr. Gary Moyer 10300 N.W. Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: Our City Engineer has reviewed the plat documents for Quantum and there does not seem to be a problem with regard to the language of Resolutions 89QQ and 89RR and the previous interpretation from staff which indicated that these Resolutions required the City to maintain the interior roadways. I have enclosed a copy of the Engineer's letter to me stating that the plat documents indicate that all of the roadways except High Ridge Road and N.W. 22nd Avenue are to be maintained privately. Therefore, the only item that seems to be outstanding at this point with regard to the infrastructure, is the bill of sale for the water and sewer, which I forwarded previously. On another topic, after reviewing the minutes they indicated that you had forwarded a budget for the COO to the City. We don't seem to have a copy in the City Clerk's office or in the City Manager's office file, so if you could possibly forward another copy I would appreciate it. I want to thank you for putting us on the distribution list for the minutes and the agendas for the COD meetings. I believe we are now current up to the meeting of Thursday, October 24, 1991. Sincerely, CITY OF BOYNTON BEACH &;/~".-u A/b--- Carrie Parker Assistant City Manager Cpo jb /, l' ......<1'1... L L Ie ~ l 51merua s qateway to tlie qulfstream .~ 08 < 00 ..c: 0 CIl+ 113 ::> QI O~ >. Ht!) 11-1 113 ~~ a l'! s:: ::1 ll<U 0 113 '.-1 QI 4-J/.I 0.::1 -.-I aJ /.I o QI t/)..c: Ql8 ...:l '0 < Z '0 H QI t/) ~~ ~O'I Eo4 '.-1 s:: ~ 113'.-1 = Oll< 4-J;J QI 113 0 '0/.1 '0 :z; 113 4-J 0 s:: s:: t-4 ..c:II3C11 Eo4 O~O'I IC 113 0.. 113 :z; 0 4-J t-4 ~ ~C1It/) ~ CIl 113~'.-I 0 ..-1 ..c: 1&1 t:1.Z ..t/) E-4 ~:s QI /.I 1&1 0'0 a Q ll<ll< s:: QI C1I..-I/.I Z 4-JII-IC1I 0 S::-.-Io.. t-4 C1I '0 a EoI t/)O~ IC l'! QI t-4 '0 C1I > > Q) s:: '0 C1I 1&1 t/) OQ)'O Q a t/) a. s:: 0 QI ..:I t/) t/) a 113 o....c: IC C1I QI /.I ..c:0~ t-4 '" 0'10. 4-J/.I 5 s:: s:: o..l'! 113 t/) 113 C1I t/) C1I 0 ..c: C1I s:: ..c:~ s:: /.I QI /.I Eo4 0 0 a 0..-1 0 a..c:1I-I aJ 113 '.-1 t/) ..-1 l'!~ ~ ~ a.t/)~ ~ t/)~ s:: t) 113 t/) s:: tl1 tl111-1S::113 C1II1-1 a aJ C a~ coo~ ,Q 0..-1 0 C..-I C 0 ..-1 C ~ ..-1 C1I ~ QI ..-1 ~ ~ Q) o t/) 113 4-J 0.. -.-I en 4-J C..-I en ~C1Ie 113 0'0 C1I I13C11'OQ) ..-1 :>t 0 C /.I o l'! C /.I t/) 0.. 0 0::: Q) 011-1 a 0.. QI 0 0.. a 0.. ..-1 0 11-1 ~o O'I~ a 0 C1I "'~ 0 0 C1I o C t!)t!) 113 /.I 113 ~ /.I QI ..-1 Z~ C1I C1I C1I QI QI C1I en '0 <8 /.I~o..O< /.I4-J>0< CC~ :I: < 0-.-1 >. Cl 0..-1 QI Cl o 113 tl1 UU <CIl8Cl< <CIlClO< a. C enQlo QI 0'1..-1 ~ /.IC4-J t/) 113 en 10..-1 '0 ::1 ..-1 113 113..c:'O ~QlO o QI 0'0 113 4-J -,..j .. C1I /.I 11-1 tl1 /.1113 ~ s:: 0.. < H'O ::1~ - ocn QI~ Q)~C1IQlen '.-1 C lJl lJl o 113 '" 0.. C1I 4-J/.I0 o QI ~ 113 C QI l'! 0 113 a..-I QI g.g. I'z.<CIl a. >-.-1 113 ~/.It 4-J 00 CIl~ 111-1 a /.I C1I ~'OC/.I C1I C1I C1I Z 0./.1 ~Cl C<CO::1 enll-l~ ~~ C1I-II3ClJl C1I 11-1 a a. /.I ::1 /.I 0 ll<aJll< 9 7!f)~9f~- ~~~A Board of County CommissIOners Carol J l-Imquist Chairman "aren T Marcus \ iLe Chair l arol -\ Roberts Ron Ho\urd Carole Phillips County Administrator Jan \\ inters June 11, 1990 Department of i:ngineering and Puhlic \\ orks RECEIVEr) Michael J Toll Development Manager Quantum Corporate Park 110 S E Sixth Street, 21st Floor Ft lauderdale, Fl 33301-3415 RE: QUANTUM PARK - BOYNTON BEACH ORDINANCE 84-51, SECTION 4(24) INTERSECTION OF BOYNTON BEACH BLVD. l CONGRESS AVE. JUN 21 j::J90 PLANNINll D~rT Dear Mr Toll Palm Beach County is currently in the final stage of design and right-of-way acquisition for the improvements to the intersection of Boynton Beach Blvd and Congress Avenue Pursuant to Condition No 24 in Boynton Beach Ordinance 84-51, Quantum Park has a requirement to contribute $141,000 toward the construction of the intersection project The funds are to be submitted to Palm Beach County directly At this time we are requesting that an escrow account be established to assure that funds will be available once the project is ready to bid As stated in Cond it i on No 24, the actual contri but i on of the funds is not required until "within thirty (30) days after construction contracts are awarded and construction has started" If you should require further information regarding the funding Commitment or the project in general, please feel free to contact me Sincerely, OFFICE OF THE COUNTY ENGINEER Il Wro. ~Amy Harris, P E , Special Projects Engineer AH eg cc File Tim Cannon - City of Boynton Beach - Planning John Carroll - Director - Roadway Production Ron Terrell - Roadway Production Municipalities - City of Boynton Beach Intersections - Boynton Beach Blvd & Congress Ave -\n i:qual Opportunit\' -\ffirmati\l~ \ction i:mplm er BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 @ printed on recycled paper C e.o-h-al-F; k - -, CITY of BOYNTON BEACH Q \lailin~ ~ ~ ~.. Telephone ~ Address Post Of 1 ice Box 310 Bl~\ nton Beach FL 33425-0310 (...d)7) 738-7480 100 E B0vnton Beach Blvd Bovnton Beach FL 33435 BUILDING DEPARTMENT City Hall Complex West Wing ;3 y' /J2tY r-a ~ April 5, 1990 Moyle, Flanigan, Katz, Fitzgerald & Sheean, P.A Attn: David S. Pressly PO Box 3888 West Palm Bch FL 33402 RE FINAL LANDSCAPE INSPECTION AT QUANTUM PARK Dear Mr Pressly An extensive landscape inspection of the Quantum Park project has been completed using the CAB approved drawings dated 2/11/88 The drawings identify the location and species of landscaping proposed for the project. This inspection report and evaluation has been divided into three areas of landscaping 1 "streetscape" and median plantings, 2 landscaping placed on the platted lots along the edge of the road, and 3 eight (8) littoral zone planting areas Each of the three areas will be addressed individually below The "streetscape" and median planting meets and/or exceeds the planting shown on the approved plans. Through the inspection and monitoring process of the project, landscape crews have been observed maintaining these areas in code acceptable condition The landscaping that borders the streets that meander through the project have been installed, with changes being noted in species and location from the approved plans. However, it must also be noted that this landscaping is located on the individual lots of the project and in some places extends into common ground areas. The developer and prospective lot owner must understand that when a lot is improved for use, the site landscaping must meet the code as it relates to the way the lot is developed This may require removal of existing landscaping and/or the addition of landscaping to meet the requirements of the landscape code All City code requirements become in effect when a lot is improved, including the required peripheral green belt of the project, which was not a part of the landscaping shown on the approved landscaping plans (page 1 of 3) Letter David S Pressly Quantum Park April 5, 1990 Page Two The littoral zone plantings is in place and progressing on schedule Correspondence between Dr. Donald Richardson of Ecological Consultants (the firm employed by Quantum for littoral planting), Kevin Hallahan and Alan Capino, as well as site monitoring by our staff, have kept the City abreast of the littoral landscaping The plants have been installed and small plants flagged (so that the littoral plants will not be accidentally damaged). At this time the survival of the plants rests with time and nature. As documented, a manmade littoral ecosystem is considered viable when a survival rate of 80% is achieved and survives successfully through predetermined monitoring intervals. Monitoring the littoral plantings is presently being performed by Ecological Consultants and a copy of the report is forwarded to the City. A littoral plant survival rate of 80% will be maintained at each monitoring interval by the developer until nature and man create a viable ecosystem Through Alan's consultation with other ecologists about littoral zone planting, there is a general consensus in the field that a minimum two (2) year monitoring time is required to determine if installed (manmade) littoral planting will become a viable ecosystem In summary, I have two concerns The first is the coverage obtained by the seeding method of landscape ground cover which is presently not code acceptable. Ground cover by seed was specified along the edge of the lots that border the internal streets of the project and for most of the ground cover for the common ground lake areas (littoral areas) At the present time most of these areas have natural sand ground cover with little grass I recommend that the developer acquire and plant a type of seed that will be receptive to the soil and proper irrigation be employed to the seeded areas prior to requesting a final site inspection The developer may establish for approval by the City of Boynton Beach a surety bond for landscaping following the surety procedures as identified in Section 7.5-37 of the Landscape Code. The surety will ensure that when the project is built out, all areas shown on the approved landscape plans will be appropriately landscaped. At present the tree and shrub landscaping is the focal point of the project, however, as the lots within the project are developed the finishing touches of the ground cover landscaping will become a visible part of the landscaping as compared to the adjacent sites. Therefore, the ground cover planting is vital to a completed project The surety documents will allow the developer to improve the ground cover landscaping as the project is developed The second concern is that littoral zone plantings require an undetermined time to become a viable ecosystem Without positive assurance from the developer that the development of the system is monitored, as previously described, there is a chance for failure being I Letter Davis S Pressly Quantum Park April 5, 1990 Page Three recommend that a separate surety be established for the littoral zone planting to ensure that self-sufficient littoral planting exists The developer should include the following language within the surety document submitted for City approval; "as-built" landscape plans, copies of the progressive monitoring reports, photographs with dates showing development of the littoral plantings and text stating that a successful littoral zone planting exists at the eight (8) specified lake areas will be submitted by the developer for City approval prior to the release af the littoral zone surety. meh.eaf cc Scott Miller, City Manager Don Jaeger, Building & Zoning Director Central file QUANPRK SDD ,. LAW OF"F'lCES MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, PA THO....S .., BE"SON PETE" L, B"ETON ..OBE"T ."001' GReGORY D. COOK E, COLE r'TZGE....LD. m .JOHN ~ "LANIGAN "01' W rO."LL "NO"EW rULTON. m ...1'.... GENDEL N"NCY "'''LLEy G"AH"'" WINSLOW D. H"'W"ES. m MARTIN v KATZ WILLI"'''' B. "'NG RONALD K. KOLINS STEvEN A. .....y...N5 9'" F"LOOR. BARNETT CENTRE l!52!5 NORTH F"LAGLER DRIVE I"OST ornCE BOIC 3eee W EST PALM BEACH. FLORIDA 3340SiI TELEPHONE (407) 859 7500 rACSI""LE (407) e59 1789 TALLAHASSEE OF'F'ICE SUITE 100, THE PE..KINS HOUSE 118 NO..TH GADSDEN ST"EET T"LLAH..SSEE, rLo,,'DA 3230. TELE"HONE (904) e8. 3828 ....CSI..,LE (904) e81 8788 ANDREW..J. "",,CMAHON LIS" .... "'LLE" ..JON C. MOVLE ..JOOY H OLIV!:R D...VIO S, ....ESSLy NANCY vORPE OUINLAN P.. T",C" E, OUINL..N ....ARI'( E. R.y....OND THO.....S A. SHEEH"'N. m DONN'" H. STINSON .......T... .... SU.....EZ "U"''''S SAMUEL A. T....O....AS WILTON L. WHITE T....O.....S L. YOSET ..JOEL ..... yUOEN....EUNO February 1, 1990 Raymond Rea, Esq. City of Boynton Beach 100 E Boyntan Beach Blvd. Boynton Beach, FL 33435 RECEI\TED FEB 6 1990 Re' Quantum Park - City Approval/Acceptance of site and Landscaping Improvements ClT'i ATTOHNE.Y - - Dear Ray: As you are aware, Quantum Associates is in the process of actively marketing the sale of platted lots within Quantum Park In connection wi th such sales, the proposed purchasers (and thei r respective lenders) are requesting verification that the site and landscapi ng improvement s const ructed and installed wi t hi n Quantum Park as af this date have been approved and, where necessary, accepted, by the City of Boynton Beach Therefore, I am requesting some farm verification from the City that the City whe re necessa ry, accepted, the site and constructed and installed within Quantum of appropriate written has duly approved, and, landscapi ng imp ravements Park as of this date Thank you for your coaperation DSP/dl cc: Mr. George W. Zimmerman Mr. Mike Toll ~::f;' David s.~ ---- 3665Z /} f.' ) ~;n 221-406i treQ/ure co~t regional planniQg council ~I~~ - - RECEIVED March 14, 1990 MM 19 1990 PlANNi 'G D[DT ------~-,-, -...~ Mr. George W. Zimmerman Quantum Associates The 110 Tower, 21st 110 Southeast sixth Ft Lauderdale, FL Floor Street 33301-3415 Subject: Quantum Park Development of Regional Impact Dear Mr. Zimmerman: According to the terms of the Development Order for Quantum Park Development of Regional Impact, an annual report is to be submitted to the local government, Treasure Coast Regional Planning council, the Department of community Affairs, and affected permit agencies. The due date for this annual report is February 15. The last annual report received for this development was dated April 10, 1989 Therefore, please address the annual report to cover all activity, changes, etc , since the date of the last report. A copy of the report format which should be used is enclosed. Pursuant to section 29K-2.004(8), Florida Administrative Code, a review fee of $250 must accompany the copy of the annual report submitted to the Council. If you have any questions, please feel free to call me Sincerely, ktLfJCULkd Teresa P. Cantrell Regional Planner TPC.pm Enclosure cc: Dagney Jochem, TCRPC Chmn James Stansbury, Department of Community Affairs Tim Cannon, City of Boynton Beach Stacy Myers, South Florida Water Management District Marion Hedgepeth, Department of Environmental Regulation -I "'----- 3228 s.w. martin downs blvd. suite 205' p.o. box 1529 palm city, flortda ~990 4060 phone (40,_ 221- $U~COM 269-4060 ...... 561 478 57~0 P 01/06 R.:ply T.) F....I L.u.lo=roJ"l.. OUice JAN-31-2000 17_7 PBC TRAFFIC ENG QUANTUM CORPORATE PARK 1 ~~ ~ to. ")... .5""<; ,. 0 ~ M A.I" .#" .It I'1/H P. 4-5 ~.:) '-t ~ (iJ /'"" t")~ 4-<:-- ,,( 'P A 0A M.IV u.- ~,~ 1'C(:f p'c;.. rA-~ej: 2- Ootober 18, 1989 Mr Ch<<rles Walker Office of the County Engin@@r POBox 2429 West Palm Beach, FL 33402 Re ~~In~a&R.~k, R@vised Request for Credits to Fair Share Road Contribution Fees Dear Mr Walker In accordance with your letter of September 27, 1989 and my subsequent discussion with Mr George Hertel, I have r.vi..d our request for credits to the Fair Share Road Contribution Fees to $3,123,104 29 In further support of our request, I have enclosed herein a cost summary whioh has been revised in accordance with section 22~25(b) Exemption and Credits of Article II "Fair Share Contribution for Road Improvement,lI Theee aoets represent the actual value for road improvement. eligible for credit under the ordinano@ However, our deslre is to obtain a credit in terms of Tripe 1n lieu of dollars and would appreciate your efforts to determine the procedure necessary to establish a trip credit for the project Furthermore. I hav~ provided for your review City of Boynton Eeach Ordinance No 86.11 8ranting the Development Order of Quantum Park which contractually obligates the developer's of the p<<rk to m~ke future expenditures for road improvements I believe these future expenditure. are elisible for credit as the improvements meet the criteria for credits established under Section 22 - 25(bJ Exemption and Credits I have prepared for your review a summary of future expenditures required pursuant to the Dev@lopment Order which would entitle Quantum Associates to additlonal future credit. of $1,941,000 00 A lkut.fcIJllre/and Propenies- M#Mn SinJ"n Joill' Vlntur, The 110 Tower. 21st Floor . 110 Soudleasf Sixth Street- Fort Lauderdale, Florida :13:101-3415 Broward (305) 763-8888. FAX l.lOSi 76.1.8996. Palm Beach (407) 7:14-3555. Dade (:\05) 945-8110. B00-42l-5I101 The Building- 112S Norlheasll25 Street - North Miami, Florida 33161 0(5) 891-6806 . fAX 1:W51 8'}5-8241 nrr 2 fi 11:H JAN-31-2000 17 18 PBC T~HFFIC ENG 551 478 57~0 D 02/06 Ootober 18, 1989 Paae 2 At this point I would ~ppreci4te your review ot our revised request in an effort to determine if we are in 5sreement as to the coats for whioh we are request ins credits and to determine any addit~onal dooumentation needed in order to fin411y consider our reQuest Please let me know If you have any queetions OT ~f I can be of any further aS8istanoe Thank you for your oonsideration in this matter Vory trul~r., 1!ft~ Development Hanaser MJT/bw enolosure 00 Georse W Steven W David S Zimmerman Deutsch PresslY, Eeq JAN-31-2000 17 19 PBC TRAFFIC ENG 551 478 5770 P 05/05 October 18, 1989 P~Be 3 Future Cost Summary In accord~nce with Bection 22 - 25Cb)(1) Exemptions and Credit. of Article II "Fair Share Road Contribution Ordinance, Quantum Assooiates herebY requests th~t the following costs aS800iated with construction costs for major road networks ~n addition to site-related improvements be considered as appropriate costs eligible for credits A Contributions pursuant to Section 24 of the Quantum Park Development Order to Palm Beach County for the conatruotion of the double left-turn lanee on the east and west Gpproaohes to the intersecticn at Congress Avenue and Boynton Beach Blvd $ 141,000 00 B Pursuant to Section 26 of the Quantum Park Development Order, construction of (or contribution to Palm Beaoh County for funds for the con&truction of) two additional lanes on Congress Avenue from Boynton Beach Blvd to Miner Road, provided, however, that if additional lanes are construoted by other. At no cost to Quantum Associ<<tes, then a contribution of $900,000 00 for 1-95 Interchong@ at NW 22nd Ave o~ for the inter..ction improvements ot Boynton Beach Blvd /Consrese Avenue (the maximum oblisation being $900,000 00, ~P.!...~.9. _4dj,us ted, in the CQllt...of_.liv,ing-,bv 4". g~nBt~uction C9St lnd,x using 1985 as a base year) :Ii 900,000 00 .' JAN-?1-2000 17 13 PBC TRAFFIC ENG October 18, 1989 C Pursuant to Section 27, Contributionl to the extent required by the Development Order, of $900,000 00 for the 1-95 Interchange at NW 22nd Ave or for intergection improvements at Boynton Beach Blvd ICongress Avenue and at NW 22nd Avenue/Congres. Avenue (with a maximum obligation of $9COlOOO 00, except 08 adjusted for changes in the oopt of living by a oonstruction cost index USlng 1985 a9 a baBe year) (Note that this $900,000 00 contribution may not be required in the event that the Interchange funding i. no longer required, and in the event th4t the $900l000 00 contribution referred in C above was applied toward intersection improvements at Boynton Beach Blvd /Congres8 Av@nue and at NW 22nd Avenue/Congress Avenue) Total future coats requested for construction as oredits 551 478 57~0 ~ 06/06 Page A $ 900,000.00 $1, 941 ,000 00 TOTAL P 136 JAN-31-2000 17 18 PBe TRAFFIC ENG 561 4~8 57~0 P 03/06 - I Current Coat Summary In Accordance with Section 22 - 25(b) (2) ExemptIons and Credits of Article II "Fair Share Road Contribution Ordinanoe", Quantum Assooiates hereby requests oredits for the expenditure& to improve two addItional lane. of NW 22nd Avenue summarized 48 tollows A Station 6 thru Station 72 of NW 22nd Ave ROW Construotion Plans a Station 0 thru Station 6 $559,454 00 $ 44,292 00 c Ryan-Jackson Chanse Orders Resardins Construction Revisions to NW 22no Ave $ 5,988 27 o NW 22nd Ave Bridge Improvements (Two Lanas, Less County Contribution) $ 16,996 02 E Upsradin~ of Traffio Signals for 5 Intersections, Letter of Credit to City of Boynton Beach in the Amount ot $125,000 00 Sub-Total I 62,500.00 $688,232 29 In acoordance with Section 22 - 25 (b)(3) ExemptIons and Credits of Artiole II "Fair Share Road Contrihution Ordinanoe, Quantum Associates h~rebY requests oredits for the Value of Rights of Ways Which are not required for site relAt~d improvements aa follows A Miner Road Appraised l~nd v~lue of ROW's dedicated outside site rel4ted improvRments, pur8u<<nt to Right-ot-Way Deed recorded in 0 R Book 4594, Page 1451 of Public Records of Palm Beaoh County AS modified by the land exchange instruments between QUdntum Associates and Palm Beach County $1,712,000 00 8 Tri-Rsil Station ACC~89 Ro~d Dedioation of 9584 acres ot Lot 91 tor an easement providin8 400e88 to the Tri-Rail Commuter Rail Station tos~ther with the respective road improvements $ 485,000.00 Sub-Total $Z,1~7,OOO 00 JHN-31-2000 17 18 PBC TRHFFIC ENG 561 478 5770 P 04/06 October 18. 1989 Pag_ 2 In accordanoe with Seotion 22 - Z5(b)(4) Exemption8 and Credits ot Article II "Fair Share Road Contribution Ordinanoe. Quantu~ Associate. hereby requests credits for the expenditures to prepare design plane tor major road network oonstruction ae follows A Preparation of Feasibilityl Justifioation study and Environmental Impact for 1-95 Interohange at NW 22nd Ave. prepared by Kimley-Horn $ 175,872 00 B Preparation ot NW 22nd Ave ROW Construction Plans' by Rossi and Malava8si for Design of NW 22nd Ave, les8 Bridge Design Plans, from STA 6 + 00 thru STA 72 + 00 At total contract price of $260,000 00 for 26,000 LF of ROW of which NW 22nd Ave consisted of 6200 LF $ 62,000 00 Sub-Total 1-. 237,872.00 813.123,104.29 Total Current Expenditures Requested for Credits Februar~ 29, 1988 } !/ AN AFFILIATE OF I /) ~ DEUTSCH/IRELAND PROPERTIES V I' / -V"^ / ,t! .-' (J nr- -i, ~-, G' ~~., './ ~ pJI ' I'CER1TFIED MAIL Mr Charles Walker, Jr Board of Commissioners Palm Beach County Box 2429 West Palm Beach, FL 33402-1989 RE Letter of Credit #PI638051 in the Amount of $125,000 00 naming Palm Beach County as Beneficiary for Traffic Signal Improvements at Quantum Corporate Park Dear Mr Walker I am pleased to enclose herewith the above referended Original Letter of Credit, dated February 18, 1988 naming Palm Beach County as beneficiary in the amount of $125,000 00 As you know, this Letter of Credit has been agreed to by the Palm Beach County General Council Offi ce and represents security for the traffic signal improvements set forth therein Of course, shoul d you have any questi ons with thi s Letter of Credi t, please do not hesitate to contact me Once again, let me take this opportunity to thank you for your assistance RECEIVE;') ..~ SWD pk 11 f,.LANNING DEPT. enclosures - cc David S Pressly, Esq (w/enc) Mr Thomas Clark, City Engineer-Boynton Mr John O'Reilly, (w/enc ) Mr Peter Flotz (w/enc ) Mr George W Zimmerman (w/enc ) James M Barkley, Esq (w/enc) Richard Graddock, Esq (w/enc) Mr Thomas K Ireland (w/enc ) Mr Edward B Deutsch (w/enc ) Mr Melvin Simon (w/enc ) .. ~ -..- Beach (w/enc 2455 EAST SUNRISE BOULEVARD, SUITE 1106, FORT LAUDERDALE. FLORIDA 33304 BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555 Letter of Credit The Chase Manhattan Bank. N.A. 1 New York Plaza - 6th FIr Mailing Address: P O. Box 6004, Church Street Station New York, N.Y 10249 CHASE Cable Address: Trade Products Chamanbank PI633051 ~A.::.. 1 ~~rT~~ 0; AM~h)M~~r F- 1U4.~Y ?3198~ J'::M t::.r..::FlcrA~Y: P i\ l''l ;. E ~'C 'i C 0 J N T Y 1 d; N. E .. J :.: C 0 'I D ,a.." f. 'J U : tJY~.T:J~; E.:ACH, fL. :):43.5 :l t"IT Li: i'j;',~: JU~ LETT~k OF C~:~IT/A)V[C: ~O.. ~I~3i051 ~Y C~OSK AND fOP ACCJU~T Of: ~JAhTJM A:~~CIAr~S 2455 ~. SJNRISE ~LV). Fr. L~UuEU)"L;::, FL.. ::'330+ r~ YJU~ FAVO~ IS ^~ENDED AS FOLL)W~: 1A~c~ UPU~ REvrEW JF OUR ?=CJR)S, THe FCLl~WIN~ ?A~A~R~PH IS ~D)E) fO Trte T-Xi )f i~E l~Trt~ JF t~E'IT: nT1I~ ~ETT~R OF CREDIT S-Ti FC~TH IN FJLL fH~ fERMS ~F OUR JNJc~T'~IN~ A~) SUCH U~D-~TA(I~G ~~ALl NOT IN 'NY JAY ~E 10)Ifl:0, 'M~~)E), OR ~h?L~Flc) 4Y R~F~R~N:l TJ ANY AG~f~MFNT ~fFt~~ED TJ HE1~1~ Cd rc WiICH T~I~ CR~~IT REL\TES AND SUCi ~EFE~E~C_S 5HA.L NJT ~~ ~EEM-D T~ rNC01PO~'TE ~EqEIN RY t E r t: rt t '01 C .: , N 'f ~ U Ie II ;"'j R ~ E4 r ;j T . " I ~L_ JT~~~ rl~M~ Ah) cc~orTrO~J REM'IN JNCH\NGf). V(J;;lrfRl, W-( 'UT,~OR:(!~~ '~f DAVIn CAlJPBELIi FX 984 REV 4-&& Letter of Credit Th. Chas. Manhattan Bank, N.A. ~~III-) CHASE 1 New York Plaza - 6th Fir ~ Mailing Addre..: P O. Box 6004, Church Street Station New York, N.Y 10249 Cable Address. Chamanbank Trade Products l~" ~ t;. 1 PI ~3i3051 Ft8~UARY 18, 19!38 .I rR,EVOCri~L~ LETT~H Of Ck:OIT ...0. r'Io5v051 :i E :\ E f :r C I A R Y : ~ALM tEACH COUNTY 120 N.~. SECJNO AVENUE jOYNTON lEACH, FL. 33~35 >1c:lJlJfMtN: jf HER~bY AUTHORIZE YOU TO ORAN ON THE CHASE M~NHATTAN SANK, N.A. NEW fOk~, NEW YO~K 100~1 ~y OkD:R A~D FOR ACCOU~T OF ~UAhTUM ASSOCI'T~S ~455 E. ~UNKIS~ JLVD. FT. ~AUO;kOALE, FL. 33J04 UP TJ ~~. ":iGRE~ATE AMOUNT:)f 'H.: iUrlD~Ev Hl=NTY F!VE THOUSAND U.S. ~OLLARS AhD NO C2NTS <S12S,OOO.O)) AV~I~A~L~ JY Y)Urt ~RAFTS KT )IJHr A C : 0 M P A IU E ;) ;; Y : ~ ~RITT~N ST~TEM~Nr SI:N_D LY AN I~DIVrDUAL ?U~PORTING TO ~E THE CO~hry ~NGINEER OF PAL~ ~rACH COUNTY, FLORID', AS FOLLJWS: "TH: UND;~SI~~ED, T~~ COU~TY ~NSI~E~~ OF ~ALM BFACH CJUNTY, flCK:OA HCK~cY CERTlfI~J AS FOLLOwS: 1. QUANTU~ ASSOCIATE~ 1$ DEV=LOPIN& 'N INDUSTRIAL, OFFICE, A~D C:HIMt:RC!AL 'A~K K~O\HJ /J.S ')UPNrU1"i r>>ARK AT 30YNTON BEACH, A~D H~S A~REE) WITH PALM JE'C~ COJNTY TJ ?AY FOR THE I~ST~LLATION Of THE F~LLO~IN6 IMP~OVr~ENTS ("IM?POVEMENTS.), AT SU:H TIME ~S ~A!D IM?R)V~M=NTS ARE SriO~N TJ SE WAR~ANTED BY T~AfFrC S~RVEYS CONDU=T~D tY TH~ ~ALM Sf.ACH CONTY TRAFfIC EN~rN~ER: <~) TMAFFIC SI~NAL AT fH~ INTE~S:CTION OF QU'NTU~ ~OULEVAR) ~ITH N.W. 22~D AVE~U~. (i) TRAFfIC ~I~N~L AT TH~ !NTERSiCTIJN OF QU~NTU~ CIRCLE ~ITH N.W. ?2~~ ^JE~U=. CO~Tl~UED ON FJLLC~ING PAGES FX 9&4 REV 4-88 ~ -~ Lette.r of Credit The Chue Manhattan Bank, N.A. 1 New York Plaza - 6th Fir Mailing Addre..: P O. Box 6004, Church Street Station New York, N.Y 10249 CHASE Cable Address: Chamanbank Trade Products ')A:ic 2: PI6330S1 (e) TRAFFIC SIGNAL AT THE INTE~SECTI~~ OF HIGH RIDGE ROA~ WITH N.W. 22~D AVENU~. (D) TRAFFIC SI3NAL AT TH: INTERSECT!JN OF CO~GqESS AVENUF. kND ~UANTUM 30UL=VARO. (E) ~PGR~DIN~ TK~fF!C SIGNAL AT THE !~TER~tCrION OF ~.~. !2ND AVE~U~ dITH CONSRES5 4V~NUE. 2. . fH~ PALM a~ACh COU~TY TR_fFIC EN~INef~ HAS ~?P~OVE~ AN cSTI~~rtD COST SCHCD0L: FO~ ALL OF SAID I~'ROV~MENrS I~ THE T0TAL AMOUNT OF ON~ HUNDRE, TweNTY FIV- THOUSAND DOLLARS ($125,000.JO)." , '10 3. ::1 THER: "(A) en TRAFFIC SURVEYS CO,'ljDUCTEl> ~Y THE: PAL~ 3E\CH COu~TY TRAFFIC [NGIh~~~ SHJ~ THAT TH~ IMPRJV~M:NTS A~E ~ARRAhrED; (II) QUANTU~ HAS ~fFAULrEO JNDEa ITS OSLIGATION TO ~AY TH= COST~ OF INSTALlrN~ TH= IM?R~V~M=NTS; AND, (III> WE WILL PROMPTLY R~fUNC TO YOU A~Y PJRTION Or )uCH FJNv$ D~A~N AND NOT tXPEWDfO I~ INSTALLING Trl~ IhP~OV~~~NTS.u Oi\ U(c) (I) AS OF JANUARY 19, 1990, TRAFFIC SJRVEYS CONDUCT~D bY THE PAL~ BEACH COU~TY T~AfFIC ENGIN:EK )HOW THAT TH~ lM?KOV=M~Nrs AR~ NOT W~RRPNT~v AT SUCH T!Mci (II) THIS IRREVOCAgLE LETTER OF ekED!T H~t NOT B::EN ~XTEND~D fOR AN AD~I710NkL THR~E (3) Y:ARS; (III) JF WILL ?P1~PTLY PLACE SUCH iU~D~ IN ~N ESCRO~ A:C~UNT UNTIL SJCH fIMf AS TRAFFIC SURV~Y~ CONDUCTED ~Y THE PAL~ j(~C~ COUNTY TRAFFIC ENGINEE~ SH'W THAT THE IMPRDV:MENTS A~E Y~RRA~T2D; AND (Ii) ~E WILL p~O~prLY REFUND TO YOU ~NY PO~TI0N OF SUCH FUN)S DRAWN AND NOT EXP~NOED IN IN~TALLING THE IMP~OVE~ENT5 ORIOR TO FE8RU~RY 1, 1~95." vR4fTS ~UST ~E CKA~N AND P~ESE~T€D AT THIS OffIC€ ONE ~E~ YORK PLAZA, NeJ YORK, NEw YORk 100B1 N'T L~T~x THA~ FE:RUA~Y 01 19JO. Da~FTS DRAJN HEREU~DER MUST dE MAR(fD: "OR~WN UNDER TH~ CH'Sf ~A~HATTA~ dANK, N.A. NEW Y~RK LETTER OF CR~DIT NUM3ER ~I63S051- AN~ !NJI~Ar~ TH~ O~TE HEREOf. TH: AMOUNTS TH~~_OF ~UST n: fN)O~S~D O~ THIS L~TTER OF CREDIT. ~E H=R~bY AGRZf ~ITh THE D~AwE?S, ENUO~S~R! AND 30~AfIDE HOLDERS OF ALL OkAfTS C~AJN UNDSR AND IN CO~PLIA~CF WITH TH~ TERMS OF THIS C~EOIT, THAT SUCH DRAfTS WILL ~f DULY YON01EO UPO~ PAE5~NT~TIO~ TO ft1E ()RA~fEt. CO~TrNJEo ON f~LLCJI~G ?AC_S FX 984 REV 4-86 - '. Letter of Credit The Chase Manhattan Bank, N.A. elll CHASE 1 New York Plaza - 6th Fir iIliW~ Mailing Addreaa: POBox 6004 Church Street Station New York, N.Y 10249 Cable Address: Chamanbank Trade Products f'A,J~ :5 01533051 THIS LcTT~~ Of CReDIT :5 $JoJ~CT T) TH: UNlfJR~ CUSTOMS AND PR~CTICt FOK DOCUMENTARY CR:D!T5 (1Yc> ~EVI~ION) INrF.~N~TIO~AL CHAM3ER ~F CO~ME~CE PULLICATION ~J. 4JO. .I VJ)ill~t ~ S~11,&U AlITHO ~11 ED 516~~R E DAVIn CAJvIPBELL FX 984 REV 4-88 - ~. ---- -~----~-----_.-~--~------------ M E M 0 RAN DUM sePte~(14EJ'l!jI) C;EP ~ ~;81 TO City Manager City Attorney City Planner PLl'r l_-i -----------------. FROM Tom Clark, City Engineer RE Letter of Credit from Quantum Developers to the County for Traffic Signals Reference is made to my letter of July 17, 1987 (copy included here) This letter referenced the requirements for an escrow agreement with the County and the Quantum Developers for three traffic signals on N W 22nd Avenue and improvements to the traffic signal at N W 22nd and Congress Blvd The Development Order also obligates the developer for a traffic signal at the north entrance off of Congress Blvd , ie , at Quantum Blvd Mr Peter Flotz of Deutsch-Ireland advised me by a telephone conversation on September 10, 1987, that his firm was in the process of preparing a letter of credit for the cost of four traffic signals and a $5,000 improvement to the traffic signal at Congress Avenue and N W 22nd Avenue, for a total of $125,000 Subject to the acceptance of the County and the approval of the City of the said Letter of Credit, Quantum Plat No 3 and the P U D plat may now be submitted for approval Please advise of you have any questions concerning the above ~y~ . teL- Tom Clark TAC/ck attachment CITY of BOYNTON BEACH ,. [J: '"1- . Q 120 N.E. 2nd AVENUE POBOX 310 BOYNTON BEACH, FLORIDA 3J.435-{)310 (30S) 734~111 OFFICE OF THE CITY ENGINEER July Ii, 1987 Mr Ric Rossi Rossi & Malavasi Forum III, Suite 407 1675 Palm Beach Lakes Blvd West Palm Beach, Fl 33401 Re Quantum Park, Escrow Account for Traffic Signals Dear Mr. Rossi As per the meeting with Quantum representatives several weeks ago and mare recent discussions, traffic signals at the following locations will be required at the expense of the Developer when warranted by traffic surveys conducted by the County Traffic Engineer Approximate costs as determined from the County Traffic Engineering staff are included. 1 Intersection of Quantum Blvd. with N.W 22nd Ave $30,000 2. Intersection of Quantum Circle with N W 22nd Ave $30,000 3 Intersection of High Ridge Rd. with N W 22nd Ave $30,000 4. Upgrading at thE; intersection of N.W. 22nd Ave & Congress Ave $ 5,000 Total $95,000 This cost of $95,000 was not included in the amount of $9,294,011 estimated for other development costs Palm Beach County will be responsible for the traffic signal installations and surety acceptable to the County should be pro- vided prior to approval of all the plats. If a bond is posted as surety it should be 110% of $95,000 or $106,500. Please advise if you have any questions concerning this Very truly yours, OYNTON ,~ Thomas A Clark, P E City Engineer TAC/ck cc Peter Cheney, City Manager - Carmen Annunziato, City Planner cc ~arles Walker, P E , P B C Traffic Enginee~ CITY of BOYNTON BEACH ~ ~p @---120E.BOynton . . . .~ P. O. Box 310 .~.. Boynton Beacb., Beach Blvd Florida 33425-0310 (305)734-8111 April 8, 1987 LIp}, .:r;;rP~ @/"yr- Mr. George W. Zimmerman Vice ~resident of Development Quantum Par~ Sui tel106--'- 2455 East sunrise Boulevard Fort Lauderd~le, Florida 33304 Re: Quantum Park Infrastructure Improvements Your-Letter of March 30, 1987 Dear George: The purpose of this letter is to respond to your request for information concerning the bonding of ~provements at the Quantum Park of Commerce. In order to provide for Quantum the City's position relative to bonding improvements, I con- vened a meeting of the Planning Director, the City Attorney and the ctty Engineer to discuss your letter and the way it relates to the City's Codes and Ordinances as well as the Development Order as amended. The conclusions reached were as follows: 1. All lakes are a part of the drainage system which is a necessary part of the infrastruc- ture which supports the development of roads and lots, and therefore, Quantum lake construction changes is a required improve- ment, subject to bonding. 2~ All roads in the Park are open to the general public on an unrestricted basis, therefore, the distinction as to public or private is not significant and thus all roads are subject to bonding This relates to the installation of street- lights as well. Streetlights are a required improvement when necessary to protect the health, safety and welfare of the general public, thus are a required improvement in the Park subject to bonding. '" Mr. George. W. Z inunerman Quantum Fark Re: Quantum Park Infrastructure Improvements Your Letter of March 30, 1981 Apr-il 8, 1981 Page 2 3. With respect to the other kinds of improvements e~ther required by the Development Order or appearing on approved plans, it is suggested that Quantum enter into a contractual agreement with the City to ensure installation of these improvements. Such improvements include, but are not limited to the required financial contribution of Quantum for the construction of an interchange and other roadway improvements, the installation of littoral zone and upland edge vegetation, the construction of bicycle paths, and the installation of median ~andscaping. Thls contract ar~angement will clarify the ~esponsibilities of all parties involved in the monitoring, approval and development of the Park and should include a specific time relationship for either future bonding or future construction of same. I suggest that you prepare the terms of the contract for City approval. )" - If you ~would like to meet and discuss these matters further, please feel free to contact my office. Sincerely, CITY OF BOYNTON BEACH /:J ().~L :2 04 Peter L. Cheney City Manager PLC:mh cc: carmen S. Annunziato, Planning Director Raymond Rea, City Attorney Tim Cannon, Senior Planner Central Files .-- Sou t h F lor I d a John R. Wodraska, Executive Direct( · Tilford C. Creel, Deputy Executive Direct( Water Management District Post Office Box V 3301 Gun Club Road West Palm Beach Florida 33402 Telephone (305) 686-8800 Florida WA TS Line 1-800-432-2045 ,-- T"-'~ DistrIct F., e sow- c e t No Narch 31, 1987 F_.f David S Pressly Esauire Movle, Flanigan, ~atz, FItzQerald and Sheehan F A Post OffIce Bo ~888 vJest Pal m E:each, FL 334 i2 De a r j-It- F res sly Sub J ect Satisfaction QUANTUI1 PARi: SectIons 16 of Fe ffilt Conditions, Permlt No 50-(;150'\-5 AT BOiNTON BEACH, Falm Beach Co~nty 17,' and 21, Townshi p 45 So \th, Range 43 East Review of the most recent draft of the ent ty documents for Quantum Farr at Boynton Beach indIcates that the; are almost in comoliance wIth District criterIa If the tollowlng Items WIll be addressed in the deed restrIctions and ArtIcles of IncorporatIon, thev WIll be satisfactory for recording Section 10 1 states that each Farcel shall be s~bject to Assessments as more specifIcally provided for in the Articles of IncorporatIon, ;! There IS no reference to Assessments In the Art cles of Incorporation If, as stated in Sect on purpose at Quantum Park Common Areas in Section 11 1 the Declarant has per pet tal easement t-lghts for any It should not be necessary to include reference to the i 4 1 (B Article XXI does not contaIn the reo tEsted addition reqarding compliance with Chapter ~8v, Florida Statutes Include Contamination;! in the title of Article XXIII Also, the correct number of priority poll tants, volatIle organiCS, and trace materials referred to in the Clean Water Act is 129 The Articles of Incorporation only need mInor changes One chanqe ShOLld be the addition of paragraph 7 Article III(AII, which grants the Corporation the power to assess members and enforce said assessments Article V should be amended to state that the Declaration and all exhibits thereto is the regulating principle Since the Declaration contains a provision for another entity to assume the ASSOCIation s responsibility in case of dissolution, and also states that all owners are members, it will not be necessary to change the Articles of Incorporation to reflect this William E, Sadowski Chairman Miami John F Flanigan Vice Chairman North Palm Beach Stanley WHole Naples J Neil Gallagher St Cloud Nathaniel P Reed Hobe Sound Kathleen Shea Abrams Timer E, Powers Miami Shores Indiantown Nancy H, Roen Plantation Oscar M, Carbon, Jr Ft. Myers David 5 Fressly, Esquire Moyle, FlanIgan, ~at:, FItzQerald and Sheehan, P H rl"lrch ~ 1, 1987 FdQe :;: Flease submit recorded copies at the documents when available If your clIents do not agree to the requested changes, please contact the undersigned to arrange for the meeting vou mentioned in your letter of '/24/87 Article VIII of the Declaration of Frotective Covenants provldes for posslble construction of a helicopter facility In accordance with Special Condition No 21 of the permit, information must be submltted to the District prior to this contemplated construction To comply with permit conditions, a revised copy of the Hazardous Materials Contamination ~esponse Flan must stIll be submitted for District staff review and appro'/al The District 5 Water Quality engineers, after review at the most recent Site De!elopment Flan and an on-site visit to the Farr, have determined that an appropriate early warning monitorinQ proqram for hazardous waste should contain a total of at least nine \9i qroundwater monitoring wells These wells should be installed in the Industrial and Research and Development Industrial Parcels, at locations depicted on the enclosed copy of the Site Development Flan In addition, the Water Quality Section requests an opportunity to review the final monitoring plan prior to installatloo This will aSSlre that the monitoring plan will meet the DistrIct s desiqn and construction criteria Additional qroundwater monitoring wells may be required in the event of leaks or spills of hazardous materials If QU have any questions reQardinQ the monitorinq plan, please contact Steve Anderson or D~ve Watt, Water Quality Section If you have any questions or need assistance, please contact this office Sincerely, ~~.~ Heidi M Schloss Fermlt Technician IV Regulatory AdminIstration Division hs Enclosure xc Mr John Flaniqan DER County Enqlneer, Falm Beach County Deutsch Ireland Froperties Michael Busha, ReQional Flanner Treasure Coast Regional Planning Council Carmen Annunziato, City Planner City of Boynton Beach Steve Wei ss, F E ~ossi and ,'laIOl.vOl,si Engineers, Inc , ~. ir \ I i' l M E M 0 RAN DUM February 13 1987 ~ 13 TO Raymand Rea, City Attarney Betty Borani, City Clerk ~armen Annunziata, City Planner RE Quantum park/Development Order Requirement Attached far your infarmation is a letter fram David Pressly representing Quantum Park, a letter that is required annually by the Quantum Park Develapment Order ~ 07 c;~ P er L Cheney . City Manager PLC jc LAW OFFICES KAREN LEVIN ALEXANQ~R THOMAS M B~ASON PETER L, BRETON ROBERT BRODY BRUCE R BRYAN E, COLE FITZGERALD, = .JOHN F FLANIGAN ANDREW FULTON, ~ .JAMES PATRICK V,,\RRITY MYRA GENDEL ' " MARTIN V KATZ WILLIAM B, KING RONALD K, KOLINS LISA MILLER LAYMAN J STEVEN A. MAYANS .JON C, MOYLE DAVID S, PRESSLY MARK E. RAYMOND THOMAS A. SHEEHAN, = DONNA H STINSON MARTA M SUAREZ MURIAS MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A. 9T>< FLOOR, BARNETT CENTRE 625 NORTH FLAGLER DRIVE POST OFFICE BOX 3888 WEST PALM BEACH. FLORIDA 33402 . . } TELEPHONE (305) 659 7500 TELECOPIER (305) 659 1789 TALLAHASSEE OFFICE SUITE 10Q, THE PERKINS HOUSE 118 NORTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301 TELEPHONE (904) 681 3828 February 10, 1987 <-, ~.... ~'"' --: 1:" - T ~ D ~~ ,--'-.' ---, -.2. i=-E8 .11 I?87 .. . I '; i"~CE Mr Peter Cheney City Manager City of Boynton Beach 120 East Boynton Beach Blvd Boynton Beach, FL 33435 Re Development Order Adopted By the Ci ty of Boynton Beach for IQuantum parkjat Baynton Beach .- Dear Mr Cheney are the In accordance with the above-referenced hereby given notice that there were no Park during the calendar year 1986 Development Order, you industrial tenants in Sincerely, ~~)~ David S Pressly DSP/dc cc Steven W Deutsch, Esq. 1419P ~ ~. '\. ) .,,~ --~~ ROSSI AND MALA V ASI ENGINEERS, INC. CONSULTING ENGINEERS /'"CI~ - R&M+ ~I~ December 31t Mr. Thomas C1arkt P.E. Ci ty Engi neer CITY OF BOYNTON BEACH P.O. Box 310 Boynton Beacht Florida 33425 Re Quantum Park f.k.a. Boynton Beach Park of Commerce Dear Mr. C1 ark' FORUM III SUITE 407 1675 PALM BEACH LAKES BLVD. WEST PALM BEACH. FLORIDA 33401 2179 TELEPHONE: (305) 889-0554 1986 'I- U ~.Il , ? 0 ./ ~ ~.h tf,II'(,ft I~ (A~~r' 0 1 JY J tJfY j 19/ r "".' r~""''''\,..7~D l' __ -'; _;{ ~/ .1....,,; ._~ , ; '" -98~ ....' 1 '. , , """. CJT PlJ\N~"il"u u,-, I Please be advised that we have submitted to your officet three (3) complete sets of construction drawings for the referenced project which have been revised to incorporate the City comments. We have reviewed your comment stating that the Quantum Boulevard Bridge over the E-4 Canal should have the secondary pours on a curve instead of segmental. It is our feeling that the bridge should be left with the segmental construction, since the maximum deflection of approxi- mately 7 degrees is not aesthetically noticeable. Mr. George Zimmermant Project Coordinator for Quantum Associates, indicated that he sees nothing aesthetically detrimental in leaving the bridge as it was originally designed. As you know, Mr. Zimmerman is keenly conscious of all aesthetic requirements in his park. I trust this meets with your approval. Very truly yours, INC. ROSSI At~VASI ENGINEERSt ~~~ Enrico Rossi, P.E. ER jp ROSSI AND MALA V ASI ENGINEERS, INC. CONSULTING ENGINEERS REcrr'T"r?) -)EC ~ 1986 PLA".. ~ UEPT City of Boynton Beach POBox 310 Boynton Beach, FL 33425 ATTN Mr Tom Clark City [ngi neer /15-'I~ ~~&r\IjT --I~ FORUM III SUITE 407 1675 PALM BEACH LAKES BLVD. WEST PALM BEACH. FLORIDA 33401 2179 TELEPHONE: (305) 689-()554 December 10, 1986 RE Quantum Park - High Ridge Road Alignment North of Minor Road Dear Mr Clark tG ~6 ~~}J ~ 4~ Vii \1 \ ! \ ) Enclosed is a letter from Charlie Walker, Director of Traffic Division of Palm Beach County, indicating approval of the alignment and road con- struction for the referenced roadway ER/tp Enc - Very truly yours, ~AVASI ENGINEERS, -~-e-~ .-~~- C Enrico Rossi, P E INC treQlure co~t regional planniQg council -r'\ ~.., ........ --, ---""'~---., ~'-o- .;:;.._-- _.4 ..,.--..>' ~:p lOGS PL,-ti'~ it" ,.) L...r i-I I September 4, 1986 " Mr Carmen Annunziato, City Planner City of Boynton Beach 120 E Boynton Beach Boulevard Boynton Beach, FL 33435 Subject ~1~1;lu~e tark ~! __~_~tnton Beach (former ly Boynton Beach Park of Dear Mr Annunziato Council has reviewed the Ecological Report for the Quantum Park Development submitted by Quantum Associ ates, August 12, 1986. If successfully implemented, pl ans contained within the report addressing Sand Pine Scrub and wetland preservation and creation will fufill the requirements of Development Order Conditions 6 and 9 of City Ordinance No 84-51 Council would recommend, however, that some additions to the plan be considered to provide reasonable assurances that 1) 40 acres of Sand Pine Scrub habitat will occur on the property, and 2) created wetland habitats are effectively established. Discussions with the developer indicate that 33 acres of Sand Pine Scrub habitat occurs within the designated 40-acre Sand Pine Preserve area To increase scrub habitat acreage witn i n the preserve the developer proposes to create an additional 5-6 acres Based upon this information, 40 acres of scrub habitat will not be established within the designated preserve area Of additional concern is the uncertainty associated with the proposed experiment to create scrub habitat Plans submitted do not address where or how scrub areas wi 11 be provided if attempts to create additional areas of scrub habitat within tne preserve do not succeed To address these concerns the following 1 anguage shoul d be added to the pl an To assure 40 acres of Sand Pine Scrub is preserved on the property, the outstanding 1-2 acres of scrub habitat will be preserved within designated landscape or uplana buffer areas Should scrub habitat creation attempts within the preserve area prove unsuccessful, necessary areas of existing scrUb habitat to cumulatively provide 40 acres on the property will occur within dedicated landscape or upland buffer areas A determination of success shall be made by the City of Boynton Beach and Treasure Coast Regional Planning Council at the end of the proposed 620 s. dixie highway p.o. drawer 396 stuart, Rorida, 33495-0396 phone (305) 286-3313 a. a. hendry, III chairman karen t. marcus vice chairman margaret c. bowman secretarv/treasurer daniel m. cary executive director \ \, \ p.....~.. -- ~. r..... r . .. HL i986 P,. r c f_n: r STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS - ------ 2571 EXECUTIVE CENTER CIRCLE, EAST. TALLAHASSEE, FLORIDA 32301 808 GRAHAM Governor July 14, 1986 TOM LEWIS,IR. Secret~ry Mr. George W. Zimmerman Director of Design Deutsch Ireland Properties Suite 1106 - International Building 2455 E. Sunrise Boulevard Fort Lauderdale, Florida 33304 Dear Mr. Zimmerman ADA-I084-048; Boynton Beach Park of Commerce We have received the Master Site Development Plan for tbe above-referenced development of regional impact (DRI) tha~you submitted to the Department of Community Affairs with your letter of July 7, 1986. We disagree with your belief that the plan is not a change from the Amended Master Site Plan approved by the City of Boynton Beach in an amendment to the DRI development order for the project on June 3, 1986. As summarized in the information you submitted to the Department, there are changes in the amount of acreage designated for commercial development, office develop- ment, light industrial development, open space, and roads. A comparison of the actual site plans indicates proposed changes in the location of lakes, a realignment of roads, and a reallocation of land for the commercial, industrial and office development from that depicted on the site plan approved on June 3, 1986. Pursuant to Subsectian 380.06(19), Florida Statutes (F.S.), it is the position of the Department that any change to an approved specific development plan for which a development order has been issued must be reviewed and approved by the local govern- ment as an amendment to the DRI development order. If the pro- posed change does not meet or exceed any of the criteria listed in the development order or in Paragraph 380.06(19) (b), F.S., pertaining to substantial deviations, then the local government having jurisdiction over the development must make a determina- tion, pursuant to Paragraph 380.06(19) (f), F.S., as to whether such proposed change constitutes a substantial deviation and thus requires further DRI review. The Department therefore requests EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT Mr. George W. Zimmerman July 14, 1986 Page Two that you read and complete the enclosed form BRM-08-86, Notifica- tion of a Proposed Change to a Previously Approved DRI, and submit it simultaneously to the Department, the Treasure Coast Regional Planning Council, and the City of Boynton Beach. The City of Boynton Beach will schedule a public hearing, pursuant to Subparagraph 380.06(19) (f)3., F.S., to consider the change if you assert that it does not create a substantial deviatian. If you have any questions in this matter, please call me or Jim Farr in the Division of Resource Planning and Management, Bureau of Resource Management, at (904) 488-4925. Sincerely, ~~ . d.-L--II:--rc. );; 7 J. Thomas Beck tI Program Administrator Developments of Regional Impact Section JTB/jfr Enclasure cc: Mr. Carmen Annunziato Mr. Dan Cary MEMORANDUM 21 July 1986 TO Peter L Cheney, City Manager FROM Carmen S Annunziato, Planning Director RE Boynton Beach Park of Commerce - Master Plan Amendment Attached please find the final schedule that has been revised for the processes involved in reviewing the referenced request C <""L ____ __O~;~7: Carmen S Annu ato /bks cc Technical Review Board Central File July 9, 1986 July 15, 1986 July 18, 1986 July 22, 1986 August 5, 1986 August 12, 1986 August 20, 1986 September 4, 1986 BOYNTON BEACH PARK OF COMMERCE SECOND REQUEST MASTER PLAN AMENDMENT SCHEDULE Applicant submits materials for Staff, Planning and Zoning Board, and City Council review and approval These materials were simultaneously transmitted to the Department of Community Affairs, Bureau of Resource Management (DCA) and Treasure Coast Regional Planning Council (TCRPC) Transmittal of Plans and other support docu- ments to the Technical Review Board (TRB) members Announce TRB meetings of July 22nd and August 5th Applicant submits a letter to City, TCRPC, and DCA requesting a Chapter 380FS Substantial Deviation review of previously submitted materials TRB conducts preliminary review of the pro- posed changes TRB conducts final review of proposed changes and prepares recommendation to Planning and Zoning Board and City Council The Planning and Zoning Board meets to con- sider the proposed changes to the approved master plan This review is couched in the Planned Industrial Development regulations wherein the Board must approve master plan amendments The City Clerk advertises the "Substantial Deviation" public hearing for the City Council meeting of September 4, 1986 The City Council conducts a public hearing at which time a determination is made as to whether or not additional Development of Regional Impact review is requried MEMORANDUM 19 August 1986 TO Peter L Cheney, City Manager FROM Carmen S Annunziato, Planning Director RE Boynton Beach Park of Commerce - Master Plan Amendment No 2 - Public Hearing Accompanying this memo you will find copies of letters from the Regional Planning Council and the State concerning Council's September 4th public hearing on the proposed master plan amendment Please note that in both instances a decision has been made to not participate in the public hearing (~S irr.n~r CARMEN S ANN NZIATO ~ /bks Attachments --_.--~----........ -;-;--. --..... ,( r STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS -- -- -------------- 2571 EXECUTIVE CENTER CIRCLE, EAST. TALLAHASSEE, FLORIDA 32301 BOB GRAHAM August 13, 1986 TOM LEWIS, JR. Secretilry Governor Mr. Carmen Annunziato Planning Director City of Boynton Beach Post Office Box 310 Boynton Beach, FL 33435 Dear Mr. Annunziato: ADA-I084-048: Bovnton Beach Park of Commerce We have reviewed the request from Mr. George W. Zimmerman of Deutsch-Ireland Properties for approval of a proposed change to the Master Site Plan for the Boynton Beach Park of Commerce. The City of Boynton Beach and the Treasure Coast Regional Planning Council were also notified of the proposed change pursuant to the requirements of Subsection 380.06(19), Florida Statutes, pertain- ing to substantial deviations to approved developments of regional impact. Our understanding is that the proposed change involves minor alterations in the amount of land allocated to commercial, office and industrial development, a realignment of roadways within the project, relocation of stormwater retention lakes, and a change in the distribution of parcels allocated to each land use. Because no substantial additional impacts to regional resources and facilities are likely to occur as a result of the proposed modifications, we do not intend to participate in the public hearing to discuss the changes. We thank you for the opportunity to comment on the proposed modifications. If you have any questions, please contact Jim Farr in the Division of Resource Planning and Management, Bureau of Resource Management, at (904) 488-4925. Sincerely, ~Diana Sawaya-Crane I'""~ Chief, Bureau of Resource Management DSC/jfr cc: Ms. Christine Beditz Mr. George W. Zimmerman EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT treQlure co~t regional planniQ9 council August 5, 1986 Mr Carmen Annunziato Planninq Director City of Boynton Beach Post Office Box 310 Boynton Beach, FL 33435 Subject Quantum Park at Boynton Beach (Formerly Boynton Beach Park of Commerce) Dear Mr Annunziato In accordance with the requirements of Section 380 06(19), Florida Statutes, we have reviewed the proposed Amended Master Site Development Plan and proposed amended Development Order for the Quantum Park at Boynton Beach (formerly Boynton B~ach Park of Commerce) Development of Regional Impact submitted to Council by George Zimmerman for Quantum Associates, the developer The proposed amended Site increases office space by acres, increases research open soace/lakes/wetlands acres Plan decreases commercial space by 7 acres, 6 acres, increases industrial space by 8 8 and development space by 7 1 acres, decreases by 2 4 acres, and increases internal roads by 3 1 The proposed amendment does not meet or exceed any of the criteria in Sections 380 06(19)(a), (b), or (c), Florida Statutes Based upon these substantial deviation guidelines and staff's review of the impacts of the proposed changes, the changes will not require additional review by this agency, and Council will not participate in the local public hearing on the proposed amendment If you have any questions, please call aniel M Cary Executive Director DMC/LCB clb cc A A Hendry, III George W Zimmerman James A F arr 620 s. dixie highway p.o. drawer 396 stuart, florida, 33495-0396 phone (305) 286-3313 a. a. hendry, III chairman karen l. marcus vice chairman morgaret c. bowman secreton....treosurer daniel m. cory executive director treQlure co~t regional planniog council Ju ly 21, 1986 The Honorable Carl Zimmerman Mayor, City of Boynton Beach 120 NE Boynton Beach Boulevard Boynton Beach, FL 33435 Subject Boynton Beach Park of Commerce - Amended Development Order Dear Mayor Zimmerman At its meeting of July 18, 1986 the Council reviewed the amended Develop- ment Order issued by the City of Boynton Beach for the Boynton Beach Park of Commerce Development of Reqional Impact Please be advised that at that time the Treasure Coast Regional Planning Council voted to take no appeal of the amended Development Order DMC clb cc Wade Riley, Riteco Development Corporation Peter L Cheney, City of Boynton Beach Manager Carmen Annunziato, City of Boynton Beach Planning Director 620 s. dixie highway p.o. drawer 396 stuart, florida, 33495-0396 phone (305) 286-3313 a. a. hendry, III chairman karen t. morcus vice choirmon margaret c. bowman secretary/treasurer daniel m. cary executive director ~ I DEUTSCH I I IRELAND PROPERTIES - -~--~---:~ r ..R[PLYtOroiTUUOf"~_Al.~ICE ..'- -r-s February 28, 1986 F i_. .. ..J ._i-a- ~. Mr Carmen Annunziato, Planning Director City of Boynton Beach 120 N E 2nd Avenue P. 0 Box 310 Boynton Beach, Florida 33435 RE Response to questions of the TRB reviewed in our meeting on February 18, 19B6 Dear Carmen In response to the questions raised in the attached memoranda, I am providing you herewith our responses for the record Memorandum #1 dated February 12, 1986, from Carmen Annunziato, Planning Director ITEM I The Proponent still wishes to proceed with consideration of the commercial sites as shown on their submitted Master Development Plan Although we recognize your concern, we maintain a great deal of concern ourselves that the parcels be able to support the highest cal iber of comnercial uses ITEM 2: The question, with respect to a central loading and unloading facility for rail service, the Proponent has reviewed such a proposal with a number of rail users and have found it to be inappropriate. All potential users require direct siding access to their facility ITEM 3: The Master Development Plan is presented in full accordance with the PID Zoning Ordinance. We intend to provide all of the required greenbelt buffers adjacent to properties having a different zoning classification, in complete compliance with the Code. ITEM 4: The rights-of-way for all interior roadways will be 100 feet wide Since we will be proposing some variations on the basic sidewalk/bike path scheme, we will provide complete detail for review during the platting process Again, we expect to provide the City with pavement sections, landscaping and pedestrian amenities In excess of Code requirements The typical roadway section will have two twenty-four foot wide roadways with a sixteen foot wide landscaped median SUITE 1106-INTERNATIONAL BUILDING-2455 E. SUNRISE BOULEVARD-FORT LAUDERDALE. FLORIDA 33304. (305) 564-5114 THE BUILDING · 1125 NORTHEAST 125 STREET NORTH MIAMI. FLORIDA 33161 . (305) 891-6806 AFFILIATES: BROLEN REALTY & MANAGEMENT CORP MIT.-CQHSTAUCTION CORP ci&'. . ,......- -......:I ITEM 5 The schedule for the Environmental Impact Analysis phase of the Interchange construction has been presented at the meeting, and a copy is attached hereto for your further review We expect to execute the contract with Kimley-Horn, our consultant, on or about March 4 Memorandum #2 dated February 12, 1986, from Perry A. Cessna, Director of Ut i 1 it i es ITEM A is comentary on water distribution ITEM I: We hereby agree to loop the water mains as requested at the cul-de- sacs. ITEM 2: The relocation of the water main routing to the High Ridge Road right-of-way and the additional routing along the north side of the canal is agreed to Final plans will be prepared in accordance therewith. ITEM 3: At this initial phase, we will agree to a 1,000 foot maximum distance between line valves; however, we expect to review this plan in more detail with the City during the platting phases When 1,000 foot spacing will provide for fewer than four utility connections, we feel it is appropriate that the spacing be increased ITEM 4: We hereby agree to add an additional ten inch gate valve where requested. ITEM 5: With respect to easements required for water and sewer, we hereby request that ten foot wide easements be approved where installation occurs outside of dedicated right-of-way In these instances, we will provide for a ten foot building setback from an easement, thereby providing for a thirty foot clear path at utility lines We also ask that the 1 imitation on landscaping be imposed only within the ten foot wide easement area. With respect to landscaping at the right-of-way and adjacent to such easement areas, we will endeavor to utilize the plant materials as recommended by the City Forester, Kevin J Hallahan, in his memorandum dated February 20, 1986 ITEM 6 With respect to fire flow, the Proponent hereby agrees that no building will be certified for occupancy without proper fire flow. Since fire flow is a question of use, the Proponent agrees to work out an appropriate formula with the building department to establish required fire flow needs for projects at the time of permitting Since to the extent feasible, all pub'l ic improvements will be made at the same time, it is felt that the water loops will be connected prior to occupancy for the vast majority of situations ITEM B Sewage collection and transmission ITEM 1: Again, this item refers to easements being provided and the proponent agrees to provide such easements at a width of ten feet with a building setback requirement of an additional ten feet ....., .......-=- . ITEM 2: Parcels W2-0 through W5-0 will be served by a sewer along the north side of Northwest 22nd Avenue. Parcels W19-0 and W20-0 respectively will be served by an extension of the two sewers shown to the north. ITEM C: Proponent will work with the City as required to insure that inspection of utility installation can be accomplished in a timely manner The funds necessary to accomplish this task will be exalnined and determined at a later date Memorandum #3 from Charles C. Frederick, Director of Recreation and Park Department also dated February 12, 1986. ITEM 1: land exchange proposal: The Proponent wishes to keep this matter separate from discussions concerning the Master Plan layout The negotiations are continuing between Mr. Peter Cheney, the City Manager and the Proponent to work out the details of such a land exchange ITEM 2 Median and right-of-way maintenance The Proponent has determined at this time that the rights-of-way, other than Northwest 22nd Avenue and High Ridge Road, will be privately held Since dedication is not contemplated, maintenance of those areas will be taken care of by the Developer and the succeeding Property Owner's Association. Maintenance of Northwest 22nd Avenue and High Ridge Road rights-of-way is also of concern to the Proponent, and the Proponent is eager to establish a means whereby they can assume control and responsibility for such maintenance Memorandum from John Wildner, Park Superintendent dated February 12, 1986 This memorandum provides the backup for cost estimates concerning right-of-way maintenance. I bel ieve all of the questions raised therein have been addressed in the previous comentary The next memorandum is from lieutenant McGarry of the Police Department dated February 11, 1986 In order to provide further information to the Police Department in response to lieutenant McGarry's questions, a meeting was held with lieutenant Hammock, Chief Hillary and other members of the Boynton Beach Police Department and Jim Zook of Kimley-Horn and I In that meeting, details of the proposed High Ridge Road relocation were discussed Peak hour traffic movements were identified at 1,300 cars per hour The interchange spacing between the proposed 1-95 Interchange and High Ridge Road would be in excess of 800 feet, center to center This distance more than adequately meets the DOT 660 foot separation criteria The Police Department felt adequately assured that an acceptable roadway and interchange design could be developed within these distance perimeters Final design and pavement layout will be accomplished during the platting and roadway engineering phases scheduled to fol low IlmIediately ......-~ ~ With respect to the ability to obtain vacation of the DOT right-of-way for High Ridge Road, Jim Zook of Kimley-Horn met with Frank Gordon, Design Engineer of the Florida Department of Transportation on Thursday afternoon, February 27 During that meeting, Mr Gordon indicated that DOT would approach the vacation of High Ridge Road In accordance with their typical vacation procedure He indicated that It did not appear as if that portion of High Ridge Road was a part of the DOT network, and as such, there should not be any major difficulty in obtaining vacation He did, however, reserve final judgement on the roadway operations and easement vacation until such time as the roadway design was complete. I believe this responds to all areas of concern. If you have any further questions, please contact me GZ ak CC Mr Thomas K. Ireland Mr Edward B. Deutsch Mr Thomas P. Misuraca Mr. Rick Rossi Mr. James Zook Ms. Mimi Howard David Pressly, Esquire Mr. Richard Kerber Attachments ~ I I FROM ~ Peter L. Cheney, ~ity Manager CarrneH S. Annunziato Planning Director J;Bi:..._.__ ~~.=:cz..~~~__:!-~_-~..~~"'.:. ~.~~<:::ii.':~~...;,'_=")'_~.l":lli..;i:E~l!:::_.:~V'"~;~..,,,.~ SUBJECt' --B.QY-n:t:..Qn_J;1~ach Park_~f_~Q~erc~_D~velop~ent,. Order DATE.__Q1.l0/85 FOLD . On Friday, June 7, 1985 the to my office, a copy of a draft area set aside, consistent with Forester also received a copy. Riteco Development Copporation delivered Resource Manaqement Plan for the scrub the referenced Development Order. The Comments are requested per the attached. Ibks cc: Central File PLEA:>T ~aan-I~-" _f:c:lh::'l A SIGNED IA/~, 'y v(j./?- J ., / , / I \_f?-!- -, C<. / p' fj _'; 1 ::J r ~ j ( J t' i' REPLY '\ DATE SIGNED I I ~ I i \, ~ ~ < / ;"~11!!!: ITEM' F289 e WHEELER GROUP INC. r~ T I I TO Peter L. Cheney, c_ty Manager FROM Carmen S. Annunziato Planning Director FOLD . DATE. 6/7/85 SUBJECT _->>'QYnJ;.9IL~~~ch_.J>_arlL.Qf_COmme.r.C.fL.D.eY..e.loprnAnt order.- ---------------- On Friday, June 7, 1985 the Riteco Development copporation delivered to this office, rights-of-way maps and construction plans for the inter- section of Boynton Beach Boulevard and Congress Avenue. These plans were submitted in connection with a condition of approval of the referenced Development Order. (See attached letter). /bks cc: Technical Review Board Central File I , .(J \ '- PLEAS;;': RUl Y TO. .~~ SIGNED l$ c. ~ j _~I'C'~:Iil ~L..of' :::~;I;:?>,--: ::~1>O_:"o:..--,. :;,_~~-,,:~';,asgo-A:Jl'_ ~~~ I REPLY ! I t " '\.>c.DATE SIGNED _~..:_. '.1O~~::.r-:";lC;~'.- ,_=~~=.o;-~~:,--,"':;:,r.._ =~~....,.~ -~- ,"'"'~~::-. ~--<--,.;t";:lr~-';:-~- '!:;;.-~' ITEM II F269 0 WHEELER GROUP INC. / . -:~~?). ....t.~ -L ./~'t, lvl:..-J- _--"~_. rj / 4) "-;pq=- Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION June 6, 1985 City of Boynton Beach Attn Carmen Annunziato POBox 310 Boynton Beach, FL 33435 Dear Carmen Enclosed is the Resource Management Plan for the Boynton Beach Park of Commerce Scrub Tract After you have reviewed the Plan, please call me with your comments Sincerely yours, ~ Wade Riley Vice President WR/gd cc Nate L Adams, II enclosure Report on the Prop::>sed Resource Management Plan on the Boynton Beach Park of Canmerce Scrub Tract, Palm Beach County, Florida. Dick !bberts, Biologist P.O Box 1246 Hebe Sound, Florida 33455 Don Richardson Ecological Consultants 8909 Hooley Court Tampa, Florida 33614 As per a developnent order prop::>sed by the Treasure Coast Regional Planning Council, the disappearance of sand pine scrub habitat within the region has caused concern for the remaining remnants arrl the preservation of its tmique plants and animals. In an effort to preserve the largest contiguous area of sand pine scrub, the developer of this property, the City of Boynton Beach, and the Treasure Coast Planning Council staff have agreed to set aside the 35 acres east of High Ridge !bad and north of 22nd Avenue (a p:>rtion of \tt1id1 is mature sand pine scrub) tmtil such time it is ascertained whether the 40 acres that is west of High Ridge Rocrl and north of 22nd Avenue can be restored to a satisfactory diversi ty of scrub habitats and species. The latter site has suffered deterioration due to sp:>rcrlic understory clearing and livestock qrazing, but is one manageable piece of p:-operty and still sUppJrts a number of scrub plants and animals of regional concern. In the agreement, the second site (40 acres) would be revegetated and managed up to a period of 3 to 5 years during which it will be a:rnpared with the 35 acre site. '1l1e management period is now extended to a maxim.Jffi of 12 ~ars. If and \tt1en the managed site does achieve the natural diversity and the unique species comrrensurate with the 35 acres, then the 35 acre site will be released for deve10pnent and the 40 acre site will become a preserve for indernic flora and fauna. Annual reports concerning the progress of the 40 acre site will be sent to tht-> City of Boynton Beach, CNR and TCRPC.. Also, it was agreed that during the 12 years of mitigation no develcpnent will occur in the natural scrub site east of High Ridge Road 'Ihe p.lrpose of this report is to define the prop::>sed management philosophy for preservation of the 40 acre site and establish ~tOOdology for the next 12 years. BASIC MANAGEMENr PHILOSOPHY '1l1e objective of the resource managenent plan is to restore the subjected piece of property to a representative sample of an original Florida eoosystem arrl also increase its natural diversity. RFSXJRCE MANAGEMENr The predominant plant canllU1i ty is sand pine scrub. It occurs at eleva- tions approaching 15 to 26 feet and shows evidence of early Pleistocene soorelines by occurring in a dune ridge The scrub is a very xeric type of plant canrnunity and is adapted to the dry and relatively sterile sand of the old dunes As soch, Page 2 species living within this system are adapted to survive under conditions of extreme drought and low soil fertility associated with well-drained sands, as well as periodic fire Sand pine (Pinus clausa) is the dominant tree and is usually found in closed canopy situations of mature stands as shown north of 22nd Avenue The characteristic woody understory species adapted to xeric conditions of the scrub include various scrub oaks, saw palmetto; and rosemary Fire generally does not enter sand pine stands except when the fuel levels are high and weather conditions severe This often leads to very hot crown fires, hot enough to kill the sand pines and other vegetation. However, fires are necessary to regen- erate sand pine forests, and it reduces hardwood competition, triggers the release of sand pine seeds, and improves the seedbed. If fire is excluded from scrub, the sand pines eventually will die of old age, approximately 80 years, and the habitat may ultimately grow into a xeric oak forest. However, if a fire is carried through the area, the mature trees are killed and the new seeds begln the cycle again. This plant community also contains many endangered, threatened, and endemic plant and animal species that depend on this type of habitat for survival. Some have different environ- mental requirements even with the same plant community, and will require different management objectives if they will be retained on- site. MANAGEMENT PROCEDURES In our stated objective for the management of this property, there are major responsibilities for the long term preservation of the vegetation, wildlife, and soil, plus the area's natural resources In this role, the following comments are reasonable judgments as to the management "state of the art", so that the area will be sufficiently protected for the future and not just short-term realities. Assessment of impact and management recommen- dations are based on field observations, comparison to past records, and a review of pertinent literature Fire Management - Fire has a necessary historical role in the perpetuation of sand pine scrub and maintaining its diveristy of vegetation. Man's efforts to suppress fires and the development of firebreaks provided by human activity (roads, etc.) have created the need for instigating prescribed burns to maintain scrub. In addition, the burning of the areas at different times will also help promote a diversity of different age stands of vegetation. Page 3 This plant community appears to be adapted to a 30 to 40 year cycle. This documentation is largely established as a theoreti- cal ideal time sequence for Rosemary (Ceratiola ericoides) and Sand pine (Pinus clausal as both can be aged and their life histories have been well studied. A preliminary survey of 27 randomly selected trees, starting near the south end of the 40 acre parcel and working north, were cored and the age of each tree determined by counting growth rings. It was easily summarized that even with this small sampling, the older trees were located on the southern end of the property (oldest approximately 50 years of age) and the youngest trees were on the northern end of the property (approximately 15 years old). Using this data, which will have to be further defined, the scrub commu- nity was divided into zones that will be used for future management purposes to promote a diversity of different age stands of scrub. Although somewhat theoretical and the fact this will have to be further defined in the field with more core samples and field observations, a preliminary map has been attached. This information will also be based on the ongoing census of the endangered plants and animals. As the study continues to develop, a better picture of all the management zones will appear. Of course, a fire model will be formulated to judge the effects of the thermal dynamics of a proposed fire. This will include the amount and combustability of fuels, required moisture content, air temperature and humidity, desired wind speed and direction, and any other changes that may alter the fire's progress. A defined fire prescription will be developed for the site that will include good smoke management However, most of this data is site specific and will have to wait until the size, location, and special problems for the preserved piece of property is better defined Also, the plan will address the need to maintain the ecological diversity of the scrub. Instead of burning all the fire- adapted communities at one time, the site selected for preservation will be partitioned into zones that will be managed and burned separately. Thus, the wildlife will be able to use recently burned tracts, as well as formerly burned areas. If burning turns out to be a non-acceptable means for main- taining the existing scrub due to smoke management or excessive explosive fuels, the mechanical means, such as what is currently being utilized at Ocala National Forest, will be instituted. However, this is only viewed as a last resort because of soil disruption and the compaction it causes. Page 4 Threatened Plants - All native plants within the site are of interest and worthy of protection, however, the following is a list referenced from the Florida Committee on Rare & Endangered Plants & Animals, Florida Department of Agriculture and Consumer Services, and the U.S. Fish and Wildlife Service (see the DRI Assessment Report on this property for more information) Scrub Mint Indian Pipes Sand Spikemoss Conradina grandlflora Monotropa brittonii Selanqinella arenicola All of the above listed plants except Indian Pipes are largely noted on this list because of the limited expanse of sand pine scrub vegetation, and the devestation being inflicted upon it by the development of business areas and residential housing along the southeast coast of Florida. It is suggested that Scrub Mint and Sand Spikemoss respond favorably to fire by seeding into the new burned over areas. Also, Scrub Mint and Sand Spikemoss are somewhat intolerant of heavy shade and do best in clearings or open areas. Crown closure of the overs tory should be suppressed around these species. Any area within the proposed preserved site that will require restoration because of past impacts (old trails, dump locations, etc.) will use the native plant species of that indicated community. Threatened Animals - Several reptiles and a mammal are considered highly adapted to scrub (i.e., reaching their maximum population levels or found only within this habitat) and deserve further comments. All are referenced in the Florida Committee of Rare & Endangered Plants & Animals book and have been observed by qualified field observations Gopher Tortoise Indigo Snake Florida Mouse Gopherus polyphemus Drymarchan corais Peromyscus floridanus The Gopher Tortoise is known from several plant communities all of them being well-drained, having sandy soils, and containing an abundance of grasses. This would clearly indicate that they would be more abundant in early successional stages of sand pine scrub than in the more advanced, closed canopy, thick understory conditions. It has been reported at the Fifth Annual Gopher Tor- toise Council Meeting (November 9-11, 1984) that tortoise densities average 10.4 to 20 4/ha., but may reach a density as high as 28 to 33/ha. where predation is minimized and habitat is ideal. Page 5 If the present census of 36 animals is correct for the total 540 acre piece of property, then using at least 9 acres of the 40 acres (the lowest density, 10.4/ha.) should be maintained and managed for Gopher Tortoises. Proper management would be either to burn or chop (manually, not with heavy machines) .on a yearly cycle. The Indigo Snake is not restricted to scrub habitat. When it is found in this habitat, the shelter and moisture provided by the Gopher Tortoise burrows is a critical factor. The management of scrub to provide more diversity of age stands and younger sites would tend to favor these two above mentioned animals. The Florida Mouse is a threatened species found almost en- tirely within the scrub and generally associated with Gopher Tor- toise burrows. It has been generallly more often trapped in the early stages of this plant community that have low shrub height and thick cover than the more mature stands (Roberts, unpublished manuscript). Like the above animals, this would suggest that this habitat should be burned on a more frequent schedule and have natural corridors open for animals to move from one area to another. Because of the negative impacts (genetic pool disruption, stress to existing populations, disease transmission, etc.) the re- location of the above species to an off-site location would not be desirable. Exotic Plants - One of the most serious threats to any native plant community in South Florida lS the invasion of exotic vegetation Exotics can modify normal ecological processes or relationships, including predator-prey and herbivore-plant relationships, nutrient and energy cycles, and soil-bullding and erosion processes. It has also been shown that the general stability of our natural communities is also reduced. One exotic plant species is an existing threat, namely Brazilian pepper (Schinus terebinthifolius) and has been noted within the area of study. The permanent removal of exotics must be completed with the reforestation of native plant species relating to that par- ticular plant community. Roads and Trails - Although some damage has occurred by the creation of roads and trails on the site, it has been left largely unscarred. The planned use of preserved sites should restrict the construction of fire roads to as few as possible and restrict research vehicular useage (by Mytinger and Roberts in their "E.I.S. of Military Reserve and National Guard Activities on a Portion of Jonathan Dickinson State Park"). Once these areas are impacted, their rate of recovery is slow and the entire community may be affected. Pcge 6 Prior to any management manipulation, at least 4 permanent line transects will be established on the 40 acre site, as well as on the 35 acre site. Along each 100 meter line, a rrodified line intercept method will be used (rrainly looking at frequency) to establish the baseline information. They will be resurveyed annually to see if the stated objectives have been reached. Also, any landscaping that will be accomplished in this interim period will obtain the same percentage of veqetational frequency as the control. 4/85 J f ' \ !' /, ." ( ( i 0'-1' \ '~-:i MUCK " \i j)/ · )S(Nt'~K) j i ~T;--) (1 c' . I \ \ f . 'I I ( .. \ I I ",(- ~l / s (N~-~UG~~' A ,~ \ '\ ~ "-t,J. M!J.C f I --i .' '''7 ,r __ \ )- ~ _---1 -_/ _-- ~ 7 I I , "\ I I \ \ \ 14 3 b " , 4.0 '0 I . n.d \ , ') \ ," . I . " \ ___~~('. ;":,~ ':., 1(:,.)\ ) -" _ ,_\~_ \ )~~~K)} j \ 116"l.' n? ' \ ",. ~ - ~ ' \ (2' J \ 1-:, MUCK~ " 4 I' ~ ~IO~ '::: I \ 11)2 ./ (, 2 ., , 0 I'" · '-' ..,,, ;/ " "')0'-1 ~, ~ .JJI' '-.. ~ u\' / A ..., ). -~ IE I ~ t> \ ~~. 4 ~~p--;~ " ~- , !( ,1 I.i, \ /'1 r ~U I \ " " ---\ L I , cO I;: I~ . _J" ~ '9 St ~"'\; ( ;~ <~O~r . ' ? ~.... ...., 4 2 " '" t" I.~ 1 'J , \ ~ , .~ II 1\ ,I ii - t II '- II II' '" "I ( ,. \\ \ \" '., ,I, H\ \ fll I I U . , Ii I ) . ~ g A~.I NO ,UCK) 1\ S I {! i I lit , "-- ~ ,1 I~ 8 _r (-1) Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION June 6, 1985 City of Boynton Beach Carmen Annunziato POBox 310 Boynton Beach, FL 33435 Dear Carmen Enclosed are the construction and right-of-way maps for Boynto~ Beach Blvd /Congress Avenue Intersection Pursuant to the Development Order Ordinance No 84-5l, paragraph 24, these plans were delivered to the County on May l5, 1984 Copy of the Letter of Transmittal is enclosed Sincerely yours, {~ Wade Riley Vice President WR/gd cc Nate L Adams, II enclosures OJEi:r'TI L.. tID @[f i:rOO~~~U0UDi:r1T~lL DATE I JOB NO ,. ATTENTION RE o WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items. o Shop drawings o Copy of letter o Prints o Change order o Plans o o Samples o Specifications I COPIES DATE NO. DESCRIPTION ! I I I HESE ARE TRANSMITTED as checked below' 0 For approval 0 Approved as submitted 0 For your use 0 Approved as noted 0 As requested 0 Returned for corrections 0 For review and comment 0 0 FOR BIDS DUE 19 o Resubmit_copies for approval o Submit_copies for distribution o Return_corrected prints o PRINTS RETURNED AFTER LOAN TO US EMARKS )PY TO SIGNED: ~A_._ UCl14~l I~j Inc.. _. _ 01411 If .nclo.u.... .... not .. noted. klndl)' notify u. .t once. , CITY of BOYNTON BEACH ~ Q) 120 N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH, FLORIDA ~10 (305) 734-8111 OFFICE OF. THE PLANNING DIRECTOR 25 April 1985 Mr. Wade Riley Riteco Development Corporation 1300 W. Lantana Road Suite 201 Lantana, FL 33462 Dear Wade: The purpose of this letter is to respond to your request for an extension of time to complete the requirements of Condition #24 of the Boynton Beach Park of Commerce Development Order. Condition #24, which requires Riteco to prepare construction plans and rights- of-way maps for the intersection of Congress Avenue and West Boynton Beach Boulevard, was to have been completed four months follow1ng the approval of the Development Order which would have been April 18, 1985. It is our understanding that the status of plan and map preparation is such that meeting a deadline of June 1, 1985 should not be a problem, therefore, you may consider this letter as an extension to June 1, 1985 for the completion of these require- ments \: Yours very truly, CITY OF BOYNTON BEACH c~u~ Carmen S. Annunziato Planning Director /bks cc: City Manager Charles Walker Central File Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 R r(C~""''-' ~.,.-.... ") ~ ~ t:'" ~__';;~J RITECO DEVELOPMENT CORPORATION ~ pu\ 1 ~~~ Jc'~ -.v.)." .~f" f. ~---~--~-~--- April 18, 1985 City of Boynton Beach Carmen Annunziato POBox 310 Boynton Beach, FL 33435 Re Condition 24 of the Development Order Ordinance #84-5l Boynton Beach Park of Commerce Dear Carmen Per the attached letter from Jim Zook of Kimley-Horn and Associates, Inc , Riteco is hereby requesting an exten- sion until June 1, 1985 for the preparation of construc- tion plans and right-of-way maps for expansion of Congress Avenue/Boynton Beach Boulevard Intersection Sincerely yours, tL'~ Wade Riley Vice President cc Nate L Adams, II Jim Zook WR/gd r-Kim/eyaHO,n and Associates,lnc. I i 5800 Corporate Way, West Palm Beach, Fla. 33407 . (305) 683-5500-- Raleigh. West Palm Beach. Tampa. Orlando. Nashville. Dallas i April 17, 1985 4479 04(04)P85-11 Mr Wade Riley, Vice President RITECO Development Corporation 1200 West Lantana Road, Suite 201 Lantana, Florida 33462 " Re: Preparation of Construction Plans and Right-of-way Maps for Expansion of Congress A venue/Boynton Beach Boulevard Intersection Dear Wade: As you are aware, one of the conditions contained in the Development of Regional Impact Assessment Report regarding the Boynton Beach Park of Commerce is that completed construction plans and right-of-way maps for the referenced intersection are to be delivered to the County within four months after the date of the development order We want to advise you that the four months have elapsed and that you should officially request an extension in time for delivery of the construction plans and right-of-way maps. In accordance with our contract with RITE CO Development Corporation, we will be completing work on the construction plans and right-of-way maps on or about May 15, 1985 In order to offset any difficulty that may occur with the County's final processing of the plans, we would suggest that you approach the City and/or the Regional Planning Council on extending final delivery of the plans until the end of \I\ay, 1985 Should you have any questions or require additional information, please let us know Very truly yours, KIMLE Y-HORN AND ASSOCIA TES, INC I I , I I L___________~__ JRZ/DHH:mes '- ...... ~tJL ~ Suite 201 1300 West Lantana Road Lantan<!, Florida 33462 Phone, (305) 533-0902 M tpA~ ,/JO RITECO DEVELOPMENT CORPORATION April 9, 1985 Mr Carmen Annunziato City Planner City of Boynton Beach POBox 310 Boynton Beach, Fl 33435 Dear Carmen, Per conditions 30 and 31 of the Development Order of the Boynton Beach Park of Commerce Ordinance No 84-5l enclosed are the Right -of-Way Deeds for N W 22nd Avenue and Miner Road Also enclosed is a copy of the Department of Transportations drainage easement for N W 22 Ave and I95 Sincerely yours, ! .. , L Uc4L--- Wade Riley Vice President cc Nate L David S Adams, II Pressly ~1 !/JL- ~11 gJ 'f~~"-1'- 5 02467 fIR . aitiqation of .everance d...q.., the Plainti f will furniab to the Defendant-ovner four (C) culvert Cro.siDgs acroaa the drainage ......nt, each cro.dng to be at l...t forq (40") feet As ad_itional con.id.ratio~ to the Defendants and in nature plus additional considerations, in full payment for the property (de.ignated Parcel No 804 herein) ~aken, excluding interest, and for damage. resulting to the remainder if less than the entire property was taken and for all other damage. of any ~C/IOO ($12,000.00) DOLLARS ORDERED AND ADJUDGED that the Defendant (a) RI'I"ECO DEVELOPMENT CORPORATION, owner, and THE FLORIDA NATIONAL BANK AND TRUST COMPANY AT MIAMI, mortgagee, , dotes) have and recover of and from the Plaintiff (s) the SUlll of TWELVE THOUSAND AND the premisea, it is now, therefore, paid by the Plaintiff(s) ia full, just, and reasonable for all parties concerned, and the Court being fully advised in Motion, and the Court finding that the compensation to be THIS CAUSE having come on upon Joint Motion for the entry of a Final Judgment made by the Plaintiff(s) and the Defendant(s) set forth hereinbelow, and it appearing to the Court that the parties were authorized to enter into such FINAL JUDGMENT I Defendants (PARCEL NO 80C) SEKIHOLE FEED HI LLS INCORPORATED, et al , CASE NO 73-1745 CA (L) 01 (Judge Rudnick) " VB. Plaintiff, DIVISION or ADMINISTRATION, STATB OF FLORIDA DEPAkTMENT OF TRANSPORTATION. IN THE CIRCU'tT COURT OF THE FUTUloIlrJ."J:l JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY. FLORIDA s I~ ,-- IJ -- ""' 98651 " ,,~ Q ~ ::r ~ t'I - th. afor..aid .Ula of DOLLARS .ill wUth ud to be located in ~ with t:ba CNDer'. M!.ec:t;loa. ShouJ.4 t:M PlaJntUf faU to turD.lah ..s ..ut.a.ia ..i4 cul~t cro..1.Ilga, t:.ben the 0IIMr aJaaU be enUUed to reopen this caua. r"r the ......-nt of auch adcUtional daaa~. as such failure .hall cau.. It is further ORDERBD that attorney. f... and caau w111 be de~ by this Court at a hearing to be a.t upon .ot10n and it 1. ORDBRBD AND Dl~"T1W that the Clerk of tld. Court S-7 to the De_fendant (a) JUTECO DBVELOPNDn' CORPOltATIOI, owner and 'l'BB FLOIUDA NATIONAL BANK AND 'l'KOS'!" COKPMY A'l' JIIl.AKI , IilOrtgage. .... TNBLVB THOUSAMD AND NO/IOO tSl2.000.00} 1... any au.. her.tofor. paid to the above-named Def.n4ant(a) aDd it is further ORDERBD that titl. to th. folloving-deeorJbed properqr, to.."it. 02467 IIR 6 ~,y. of 'aa\ pe.r\ 01': .... !be a 1/'t or SeeUon 17, t'wnahlp ~ SouUa, .... ~3 Ku\, ~.... ODaDt.7, Florlda, boias described .. follCllQ eo-enc. on the Eut boundlU"y lln. of said SE 11' or SeeUOft 17 at a po1at 27.5\ ...., South of the JIo~.t eorner thereof'. Uteace Jlortb 88-5'T''-7"' Veat ',.Oft tee' to the FOlnt of Beclnninc. ~ce South 1-23'32- East ItG.CIa het. \b<<aee Ifort.h 88-57 "7" West 258.76 fMt to tbe oegiNlins of a C'8~ eoaea_ Bou'heuterl.1 barine II radius of 1~7 ,02 fee' .0rt.tnresterl.1 and SouUNeaterl.1 al.ona aaid curve 652 93 fef!t through an 1lIl81. of 31-35'22" to the -.d of' cum and the Ea., boundary line of an en.tins ~t'oot Drainage Eu~'. ~ Jlorth 1-22'17- West "5 6It ~t 'to & Point on . cur" conca" Southeuter17 baYins a radiua of 1587 02 r..t, tbeace froa . tansent bearins of IIortb 80-15'03- East &100<< aRid curve 1f0Tthe..terl.1 and SoQthelUlter17 852.73 te.t throueh an angle of )O.1f1'10" to -the eDd or cum. tbence 8oa1.b 88-51"1" But 257.08 ted to the Point or Beslnnin8. . -' SD;TIO: Q~.'''l:e m'l\T9': IQ\D o( T -'l5 ) I'ARCEL 80tI CoDtaiD1nc 1.02 acre., mre or 1... ! '- . H24ff'1 fIR 7 :y, . " , PAUle ~1 m;wrr ~X1'J I'TRD I'EJU'E1UAL IlMIRACE ~ -::... ..' _. - ... ..... ~ 6. .. ..,:,--- ~.... - - -::- & t. _.= .:. ;~ c _ -::. : -t.... _ - t ~ w;:.. ~ ::: -:':"f- ~:- _,; !~' c~ _... _ .=;.~.-:c... i :-_ ..~ !. .! - - - ..: ~ :. - -' . -~- \ I~'S ~.14~.f 01 W.... T~ ..... j _ 1".L .....,.. 6114. ~ ... LI A .. , ... Which v.ated in the Pla1Atiff (a) pu1Iuant to the Order: of ~akiDg and depoait of .-olley heretofw:e ...de, b approved, ratified, and confirJlltd DONE AND ORDERED in Ch.-~a at West Pala Beach, Pal. Beach County, Florida, t:.hJ.s I' day of &Jr. TD&..... , 1975 MOTIOH The partie. by and through their undersigned .ttorney_ reapectfully move for the entry of the foregoing Final Jud~t thia It' day of ~1D.d.rJL , 1975 aof)J:.iC~ uiviaion of Adminiatration Stat. of Florida Department of ~ranaportation Haydon Burn. Building Tallah....., Florida 3230C -b ix~~.L Xelly, Black, Black " JteJmy, P .A. 1409 Alfred I duPont Buildi.Qq Miami, Florida 33131 Of Coun.el for Plaintiff(.) Of Colmael for Def~t (a) ~467 PIfl --.a....... ....- -........ .... .... .... .. ....... 8 tX"~ ;J(j~ MEMORANDUM 26 March 1985 TO Peter L Cheney, City Manager FRm4 Carmen S Annunziato, Planning Director RE BOYNTON BEACH PARK OF CO~~lliRCE - RIGHTS-OF-WAY DEDICATIONS Accompanying this memo you will find a request for a time extension with regard to the dedication of rights-of-way within the Park of Commerce. As these rights-of-way are not conflicting with any eminent roadway construction, I see no problem granting the request administratively or through the City Council ~RMEN S )~~ ANNUNZ TO /bks Attachment Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 n ~r"PT",]1RD L ~. _._.' ~~..l'--dj- "f JL; RITECO DEVELOPMENT CORPORATION Iv1AR ;;,.5 1985 PLM'L'tiC.G DEPT March 20, 1985 Carmen Annunziato City Planner City of Boynton Beach POBox 310 Boynton Beach, Fl ,33435 Dear Carmen Riteco hereby requests an extension of time until May 1, 1985 for Conditions 30 and 31 of the Development Order of the Boynton Beach Park of Commerce Ordinance No 84-51 Conditions 30 and 31 pertain to dedicating the right of way for Miner Rd and N W 22nd Ave Our Attorney, David Pressly, has not finished drafting the right of way deed Our engineer, Ric Rossi, is checking with DOT concerning DOT's drainage easement along N W 22nd Avenue If you have any questions, feel free to contact me Sincerely yours, / . '\ { GUli!t2.- Wade Riley Vice President CC Nate L Adams, 11 n "'''''~"'''': ""-"li'n ~<"~~; .~ . ,_...L.P Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 fEB PLM " i... f RITECO DEVELOPMENT CORPORATION - February l5, 1985 City of Boynton Beach Mr Carmen Annunziato POBox 310 Boynton Beach, FL 33435 Dear Carmen Per our conversation, Riteco will not be required to submit an Annual Report for the Boynton Beach Park of Commerce until February 15, 1986 Sincerely yours, ;p~ Wade Riley Vice Presiden"': WR/gd cc Nate L Adams, II 2/8/'g;- J.k~- /J ,o..4::)c.- ~ L/(j cd-.. /J~ ~ U/~ ,"\.9 ~Q~~- ~~ /' 2-J- ~ ~ c------I2 ~ ~ ~ /~~~7~1 2 ~o /Ccs ~~ ~~~ / ~ - ~ ~~J.. ~ ~-r--- ~ ~ --7 ~ - ~ ~ ~ c-R .. ."l ..-............ ~x~ 2, -<--(,-,.-..., ~ - ~ ~ ___ (~ c.r<A.)- ~~~ /~~ 4<-< --e- .3 .~ - ~ -r /.I.- is. _ ...J?~ / --"" ~~ / <ro~c-yl /s--~~~ d1- ~ ~~) r ~f?~~~~ ~~;7 rI- ~ c.-->2---....... ._~ I ~I 7/"~ ~ ~ .4--1.- ,-~p~ '2 ~-d ~ ~:ZGlH' ~ ~ &v<7 ~~ -..., ~~ _ /-/<- ~ ~ ~ --'7 ~ _ /l/'<- ~ ~ p <>-,,-r9) ~ ~~....... ~7' ~ 2. ~/!; ,t(J~-o- RECEI'IED MEMORANDUM FEB {) '.:c;~ PLANNh~G DEPT February 5. 19i5 TO: Grady SWann, Finance Director suaJEX:T : Peter L. Cleney, City Manager Riteco O:weloptelt COrporation Cleek #1394 - $17,500 FRCM: Attached is a check in the arcount of $17,500 to be set aside for payment to Dr. Jim Nicholas for .his impact fee study. A contract has been signed with Dr. Nicholas and he will invoice the City as his work progresses. ~~ er L. Cleni- City Manager P~r ~: Ca:rnen Annunziato CI j!;/JA:Je. Ou Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION P~ECEIVED to 1 PLANNING DEPT~ . .\ ..., - January 30, 1985 City of Boynton Beach Mr Carmen Annunziato POBox 310 Boynton Beach, FL 33435 Dear Carmen Enclosed is a copy of the proposal from Dr Manley Boss for the Native Plant and Wildlife Preservation Plan at the Boynton Beach Park of Commerce site Riteco has only authorized Dr Boss to proceed with Items la, lb and 2a and 2b If you have any questions, feel free to contact me Sincerely yours, itJ<< Vice President WR/gd enclosures ,'--------- --"0:-: A Proposal Encompassing ~~~~~~~~vp Plant and Wildlife Preservation Plan at the -. .. a~ark of Commerce Site Boynton Beach. Florida \ rl I __ _____ _____ ___~~~-L_l_______ __ In accordance with the recomendations as stated from the Treasure Coast Regional Planning Council Assessment Report (pg. 1-6 to 1-9) we propose the following work known as the native plant and wild life preservation plan Recommendation 1. The developer shall preserve in viable condition a minimum of 40 acres of Sand Pine Scrub canopy. understory and groundcover vegetation. Sand Pine Scrub preserve area(s) shall be of appropriate size. quality. and arrangement to maintain all populations of species of concern. Proposal 1.a. We shall work with the planner to field select. design the configuration. and justify to the Treasure Coast Regional Planning Council. the Sand Pine Scrub permanent preserve area(s) totalling at least 40 acres. b. We shall prepare a management program for the Sand Pine Scrub permanent preserve area(s) that will provide and maintain the Scrub in a viable condition and will provide and maintain suitable habitat for the species of concern which exist in or are relocated into these areas. ..~ I ! ! Recommendation 2 Prior to commencement of any clearing activities, the developer shall survey the site to determine the numbers and distribution of any population of the Gopher Tortoise, Florida Burrowing Owl, Florida Gopher Frog, Florida Mouse and Florida Scrub Lizard which occur. Proposal 2.a. We shall prepare a survey plan of the total property with respect to the above animal species of concern. b. We shall carry out a survey of the total property that will determine the numbers and locations of the respective animal species of concern. The information will be presented on a 1"=200' aerial map and also recorded in tabular form. \ ""I ri I I Recommendation 3. A preservation plan shall be developed which 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. Proposal 3.a. We shall prepare trapping and relocation plans for the respective animal species of concern. b. We shall trap and relocate the respective animal species of concern from the area identified as "development phase oneil to the permanent preserve areas. - \ '\ r. I / ) Recommendation 4. The preservation plan encompassing the concerned species survey plan, the permanent preserve area(s) plan, and the concerned species trapping and relocation plan shall be submitted to the City of Boynton Beach, Florida, Game and Freshwater Fish Commission, Department of Natural Resources, and Treasure Coast Regional Planning Council for approval. Proposal 4. We shall submit and justify the preservation plan consisting of the concerned species survey plan, the permanent perserve area(s) plan and management program, and the concerned species relocation plan to the four interested governmental agencies. 1"'\ ('I i I \ I ___ ________-1-_! Recommendation 5. Prior to clearing any scrub areas the developer shall provide sufficient notice to officials at Jonathon Dickenson State Park so that they may make arrangements to obtain any plants which would otherwise be destroyed. ProposalS. We shall communicate and work with the officials at Jonathon Dickenson State Park prior to any clearing work being carried out in Scrub areas. I ..., ('I I I I 1 j ! Recommendation 6. In the event that it is determined that any plant or animal of regional concern may be impacted negatively by the development, all such activities shall cease and the Florida Game and Freshwater Fish Commission and the U.S. Fish and Wildlife Service shall be notified. Proper protection of the species shall be provided to the satisfaction of both agencies by the deve 1 oper. Proposal 6.a. We shall monitor frequently the development progress of the project to obviate the possibility that development is held up because of plant and wildlife concerns. b. We shall supervise the Sand Pine Scrub Preserve management program. ~ ('I , , ' , \ I \ Recommendation 7. The developer shall establish and maintain a vegetated littoral zone of hardwood swamp/freshwater marsh habitat comprising 11 acres with 5.5 acres of it being comprised of species that are representative of hardwood swamp habitat found on-site The littoral zone habitat shall be-fully vegetated with native plant species and occur from lake control e1evation to a depth of 3 feet below control elevtion. The plan for each phase shall be subject to approval by the City of Boynton Beach and the Treasure Coast Regional Planning Council prior to commencement of work. In addition, 6 acres of existing seasonally flooded wetland habitat shall be preserved. Proposa 1 7. a. We shall prepare, in conjunction with the landscape architect/planner overall design plans for the 11 acres of littoral zone and prepare a plan specificallY for each development phase containing swamp/freshwater marsh habitat. b. We shall in conjunction with the landscape designer/planner and the planting staff prepare plans that will comprise lists of selected plants, plant collection and relocation sites, and plant preparation, holding and relocation techniques and timi ng. i rl I , c. We shall prepare a managment program that will assure the continued viability of the littoral zone vegetation. d. We shall present and justify the above plans, programs and activities to the City of Boynton Beach and the Treasure Coast Regional Planning Council. e. We shall supervise the removal of all pest plants from the respective ar~as. f. We shall supervise the littoral zone management program. \ 1"") r ~ / \ Recommendation 8. The developer shall provide and maintain a buffer zone of native upland edge vegetation around wetland and deepwater habitats which are preserved or constructed on-si tee Proposal B.a. We shall prepare in conjunction with the landscape designer/planner overall design plans for the native upland edge vegetation around the wetland and deepwater habitats and prepare a plan specifically for each development phase containing the native upland edge vegetation. b. We shall in conjunction with the landscape designer/planner and the planting staff prepare plans that will comprise lists of selected plants, plant co'lection and relocation sites, and plant preparation, holding, and relocation techniques and timing. c. We shall prepare a management program that will assure the continued viability of the upland edge vegetation. d. We shall present and justify the above plans, programs, and activities to the City of Boynton Beach and the Treasure Coast Regiunal Planning Council. \ ""\ I'" ! , I ) e. We shall supervise the removal of all pest plants from the respective areas (upland edge vegetation zone). f. We shall supervise the management program for the upland edge vegetation. \ ~ - r! ! I Recommendation 9. The developer shall present annually to the Treasure Coast Regional Planning Council, a report of the environmental status of the property known as the Boynton Beach Park of Commerce. Proposal 9.a. We shall prepare the required annual report describing the environmental status of the project. ...- b. We shall present and justify the required annual report to teh Treasure Coast Regional Planning Counci 1. "" ,Ifj " ( I I I j i COST BREAKDOWN The charges for the foregoing services are calculated individually for each separate activity. Additionally, those services that~an be calculated for on an estimated time basis are charged presently at a rate of $50 or $75 per hour depending upon complexity. Those services which cannot be calculated for on an estimated time basis are to be charged presently at a rate of $50 or $75 per hour depending upon complexity. Out of region (Southern Florida) travel costs will be charged. Proposa 1 1 a. Work Description-Time-Rate Cost Forty acre permanent preserve scrub areas selection, design and justification. 10 hrs @ $75/hr. . . . . . . . . . $ 750 1.b. Management program for permanent preserve scrub areas. 24 hrs @ $75/hr. . 1,800 2.a. Animal survey plan for total property 4 hrs @ $75/hr . . . . . . . . 300 2.b. Animal survey of total property 10 days x 8 hrs/day @ $75/hr . . . . . . . . . 6,000 3.a. Trapping and relocation plans 6 hrs @ $75/hr . . . . . . . . ..... 450 3.b. Trapping and relocation of animals x hrs dependent upon animal survey @ $50/hr. 4. Submission and justification of the preservation plan x hrs @ $75/hr + travel costs (if out of South Florida) . . . . . . . . . 5. Communication with Jonathon Dickenson State Park concerning plant relocatioA x hrs @ $75/hr . .. ........ 6.a. Frequent monitoring for negative impact by development on species of regional concern x hrs @ $75/hr . . . . . . . 6.b. Supervision of Sand Pine Scrub management program. x hrs @ $75/hr . . . . . . \ ""l (' , , I --~) Proposa 1 7.a. 7.b. 7.c. 7.d. 7.e. 7. f. 8.a. 8.b. 8.c. 8.d. 8.e 8.f. 9.a. 9.b. Work Description-Time-Rate Design plans for littoral zone. 4 hrs @ $75/hr . . . . . . . . . Cost . . . . . . 300 Plans encompassing plant lists, collection and relocation sites and plant preparation, holding and relocation techniques and timing. 16 hrs @ $75/hr. . . . . . . . . . . . .. 1,200 Management program for littoral zone. 8 hrs @ $75/hr . . . . . . . . . . . . . . . . 600 Presentation and justification of all plans and programs to governmental bodies x hrs @ $75/hr . . . . . . . . . . . . . Supervision of removal of pest plants in development phase one. x hrs @ $50/hr . . Supervision of the littoral zone management program. x hrs @ $75/hr . . . . . . . . . . . . . . . . --- Design plans for the native upland edge vegetati on 4 hrs @ $75/hr . 300 . . . Plans encompassing plant lists, collection and relocation sites and plant preparation holding and relocation techniques and timing for upland edge vegetation. 24 hrs @ $75/hr. . ...... 1,800 Management prdgram for upland edge vegetation 8 hrs @ $75/hr . . . . . . . . . . . . . 600 Presentation of all upland edge vegetation plans and programs and activities to governmental bodies x hrs @ $75/hr . . . . . . . . . . . . . . . . See 7.e. ~upervision of upland edge vegetation program x hrs @ $75/hr . . . . . . . . . . . . . . . . Annual environmental report 10 hrs @ $75/hr. . . . . . . ......... 750 Presentation of annual environmental report to the Treasure Coast Regional Planning Coun~il x hrs @ $75/hr . . . . . . . . . I rl I I j j Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION R"p!rTIT"'{TFD) . ..i...j'-~J;;_.l.. \- ..ci-:.'" JAN 30 1984 PLANj~d\jG DEPj ... January 29, 1985 City of Boynton Beach Mr Peter Cheney POBox 310 Boynton Beach, FL 33435 Dear Peter Pursuant to Paragraph 34c of the Development Order No 84-51 Boynton Beach Park of Commerce, enclosed check # in the amount of $17,500 to fund Dr Impact Fee Study Ordinance is our Nicholas's Please send Riteco any remaining funds not paid to Dr Nicholas Sincerely yours, /4h~ Wade Riley Vice President WR/gd cc Carmen Annunziato Howard W Riley, Jr enclosure -.l!:. Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, -(305) 533-0902 RITECO DEVELOPMENT CORPORATION .~ r January 29, 1985 :!!-- i., City of Boynton Beach Mr. Peter Cheney P.O. Box 310 Boynton Beach, FL 33435 Ii; ~f~J Dear Peter: .- Pursuant to Paragraph 34c of the Development Order Ordinance No. 84-51 Boynton Beach Park of Commerce, enclosed is our check # 01394 in the amount of $17,500 to fund Dr. Nicholas's Impact Fee Study Please send Riteco any remaining funds not paid to Dr. Nicholas. Sincerely yours, #~ Wade Riley Vice President WR/gd ~ft;\,~Jfj~' cc: Carmen Annunziato Howard W Riley, Jr. enclosure Q) 120 N.E. 2nd AVENUE P.O BOX310 BOYNTON BEACH, FLORIDA 33435-0310 (305) 7~111 ~ -.-- -~ :)0)1.' ",..J .' ~ I;:;~"'--M...,...r-H..!!-'C:t:::~ .u:x~, ~~'J~~~;~ _!~ -~ ,-~-. ~.J-- - CITY of BOYNTON BEACH OFFICE OF THE PLANNING DIRECTOR 28 January 1985 Mr Wade Riley Riteco Development Corporation Suite 201 1300 West Lantana Road Lantana, FL 33462 Dear Wade Owing to the fact that an act of government resulted in your inability to conclude negotiations on a contract with Kimley- Horn with respect to an I-95 Feasibility Study, the City does not consider Riteco to be in default of the DRI condition stated in paragraph number 25 of the Boynton Beach Park of Commerce Development Order However, efforts towards resolving the issues raised by Mr Walker should continue Yours very truly, CITY OF BOYNTON BEACH ~/l~: ~ Carmen S ~u~ziato ~ Planning Director /bks cc Ci ty t-1anager City Engineer Central File '11 treQlure co~t regional planniQg council ~~tv ~~"- 4d st. lucie A~~:f~;"'\ ~ .. ~~~~: '4:".'."IJ!~u.IA~,.,. ;M;~'W 1?~;~~ ' . II .. t .. ~.':.' fiJ, " -.~... " ,if l~ ~ . ~---- ~. v ~. ~ : t . j -~\ . . ..*~, '~~':p , .~i:~-1.1~! ~ January 28, 1985 The Honorable Carl Zimmerman Mayor, City of Boynton Beach 120 NE Boynton Beach Boulevard Boynton Beach, FL 33435 Subject Boynton Beach Park of Commerce DRI Dear Mayor Zimmerman In accordance with Chapter 380 07(2), Florida Statutes, and as prescribed in Chapter 29K-2 01(5), Florida Administrative Code, the Treasure Coast Regional Planning Council has reviewed the Development Order for the Boynton Beach Park of Commerce Development of Regional Impact issued by the City of Boynton Beach At its January 25, 1985 meeting, the Council found the Development Order to be consistent with Council IS recom- mendations and adopted a motion that no appeal be filed Vours tr~~ ~~ ;l-u Sam Shannon Executive Director -- 55 cs cc Riteco Development Corporation A lto Thomas 620 s. di1:ie highway p.o drawer 396 !>tuart, florida, 33495-0396 phone (305) 286-3313 thomas d. mccloskey, jr. chairman 0.0. hendry, III vice chairman margoret c. bowman secretorv/treasurer sam shannon executive director CAY~ Developer given OK on Boynton project The Treasure Coast Regional Planning Council approved on Friday a development order allow- ing the Riteco Development Co. to build the Boynton Beach Park of Commerce, a 539-acre commercial and industrial project near Con- gress A venue and Interstate 95. The city of Boynton Beach approved the project Dec. 19 Three months earlier planning council members reviewed and approved the development, adding 29 conditions relating to traffic, air quality drainage, water supply and waste water disposal Boynton Beach City Manager Peter Cheney said he was DOt surprised at the council's approval. 'This step today was simply a confirmation that the final development order we gave was consistent with the Treasure Coast's original review," he saidr Under state law, the planning council reserves the right to review the city's development order and may appeal it, if necessary Riteco 'is now free to go ahead with all the conditions" set forth in the city's development order Cheney said. Those conditions, among other things, include reaching engineer- ing agreemp.nts for roadwork im- provements on Congress Avenue and Boynton Beach Boulevard and building an J-95 interchange , fl:11 t?m I /~ f I<.l::d . ;P is-! -1 ,lOooo_ NEHORANDUM 24 January 1985 TO Betty S Boroni, Clty Clerk FRm' Carmen S Annunzlato, Planning Director RE BOYNTON BEACH PARK OF CO~~ERCE DEVELOPMENT ORDER Attached please find a copy of an executed contract which authorizes Klmley-Horn to prepare plans and rlghts-of-way maps for lmprove8ents to the lntersectlon of Boynton Beach Boulevard and Congress Avenue Thls contract is submltted In fulflll~ent of condltion No 24 of the Boynton Beach ParY of Commerce DeveloDment Order c~~-~~~ (\L__~~.;e- CAPMEN S ANNUNZLZ'o.ll' /bks cc Ci ty ~~anaS!er ./ ~TY aT BOYNTON BEACH 120 E. Boynton Beach Blvd P. O. Box 310 Boynton Beach, f1 , 7- - --~ -. -_. _r--- - - I . '--::s;;-- u_ . ~ -, . .J,......., ~ J~~~t:: I .kl ~{;I, ;, ~'J .- ~~~ili~t=~~ ~9{JI. .. ,I ~~.~ ~ " . .. . - ~~.,J,! - I ~~- '. · ~~ _~ ' _. " I . ..... -1i..~--~jjl :~ ~. ".,;! -~... ,; .' -- ~ i"~ Florida 33425-0310 _.~~~ . ~ (305)734-8111 January 24, 1985 ~~,~~~@ James C Nicholas Acting Director Florida Atlantic University Joint Center for Environmental & Urban Problems Administration Building Roan l4A Boca Raton, Florida 33431 RE Agreement with Boynton Beach for reveloper Impact Fees ~r Mr. Nicholas: In accordance with the "Proposal Sutmitted to the city of Boynton Beach to Conduct Background Studies on the Use of reveloper Impact Fees with Respect to Civic and Non-recreation Municipal Facilities" and O.1r discussion at a IOOeting held in Boynton Beach City Hall on Tuesday, January 22, 1985, this letter will authorize you to proceed with the studies and the d2velopnent of recatmendations concerning "The Use of ~veloper Impact Fees with Respect to Civic and Non-recreation Mmicipal Facilities". It is understood that this study will be conducted for an arwunt not to e.-ccLcd $17,500 as indicated on Page 27 of the above referenced d(')Cl1Ire.'1t and that the WJrk will be ccmpleted in no nnre than 90 days fran this date. It was agreed that Carmen Annunziato will provide you with copies of the current City Canprehensive Plan and other appropriate In3.terial as you will requ~re fran time to tl.llle. In addition, you will provide me with an outline of the specifics of information that you will need concerning existing space utilization and future space need projections for City faci- lities so that we can provide you that information in a format that is use- ful to your study. I look forward to working with you and your associates in the coming months as you work on this project and anticipate that the project will result in a proposal for Development Impact Fees that is of great value to the City while at the same time recognizing a reasonable and appropriate participation in civic and non-recreation municipal facility improvements by the private sector of this growing and developing community. Jf' / James C. Nicholas Floridas Atlantic University ,- " -2- January 24, 1985 please feel free to contact me whenever you feel I can be of assistance to you. : PI!:: jc cc: Jim Vance, City Attorney Cannen Annunziato, City Planner Wade Reilly Sincerely, CITY OF OOYNrON BEAOi ~ t .leL'1 (L~ L. O1eney City Manager Suit,e 201 1300 West Lantana Road Lantana, Flonda 33462 Phone, (305) 533-0902 RECEIVED RITECO DEVELOPMENT CORPORATION JAN , "- 'I ,,,n /38,Po c ,of) January 22, 1985 --- IG~ {.h City of Boynton Beach Mr. Peter Cheney P O. Box 310 Boynton Beach, FL 33435 Dear Peter Pursuant to paragraph 34 of the Development Order of the Boynton Beach Park of Commerce Ordinance No 84-51, Riteco has no comments on the proposal submitted by James C. Nicholas, titled "A Proposal Submitted to the City of Boynton Beach to Conduct Background Studies on the Use of Developer Impact Fees with Respect to Civic and Non- Recreation Municipal Facilities Please send a copy of the letter authorizing Dr Nicholas to proceed with the study We will then forward a check to the City Sincerely yours, tac~ Wade Riley Vice President WR/gd cc: Carmen Annunziato J- Suite 201 1300 West Lantana Road Lantan'!, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION R 1[CEITvED JAf~ rc') 1C)1=\,1 PLAr\i.l u DeFT January 21, 1985 Rossi & Malavasi Engineering Ric Rossi l675 Palm Beach Lakes Blvd West Palm Beach, FL 33401 Dear Ric Enclosed is a copy of paragraph 30 and 3l of the Development Order, Boynton Beach Park of Commerce Please prepare the legal descriptions for the additonal right- of-way needed on N W 22 Avenue and Miner Road Sincerely, ! r '---- Riley President Wade Vice WR/gd cc Nate L Adams, II Carmen Annunziato (28) The developer shall monitor project traffic generation annually beginning after development of one hundred thirty-two (132) acres (not including R-Q-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 Council. 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 for Miner Road through the limits of the Park. Miner Road appears as a 108 foot arterial on the County's Thoroughfare Plan. (31) within ninety (90) days of the approval of the $ Development Order, dedicate to Palm Beach County the additional 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 Thoroughfare Plan. (32) In connection with the requirement to set aside forty (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 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. -13- /0' Suite 201 1300 West Lantana Road Lantan~, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION n r.r-.. -.....,.,.,.~ -'-"'-"D" .1L~~~~_..A - [~_ - - E .~.j .: IAr 1984 PLt\. \ .i.;< Df:.PT. ---4 January 2l, 1985 City of Boynton Beach POBox 310 Boynton Beach, FL 33435 Attn Mr Carmen Annunziato Dear Carmen Per our conversation on this date, Riteco hereby requests an extension of time to paragraph 25 of the Development Order Ordinance No 84-5l Boynton Beach Park of Commerce Riteco was prepared to sign the Feasibility Study of the I-95 Interchange with Kimley-Horn on January l7,l985 However, Charlie Walker, County Traffic Engineer, has requested Jim Zook of Kimley-Horn to redraft the Feasi- bility Study Contract to incorporate Mr Walker's comments Riteco will sign the redraft of the Feasibility Study after we review the redraft Charlie Walker will submit a copy of the redraft to DOT asking DOT for their comments If there are any changes suggested by DOT, Kimley-Horn and Riteco will sign an adden- dum incorporating those changes If you have any questions, feel free to contact me Sincerely yours, I . \ A u..x2Lts2___ Wade Riley Vice President WR/gd cc Nate L Adams, II Jim Zook Charlie Walker David Pressly ~/ CiTY of BOYNTON BEACH ~ .'!..~ 120 E Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 I:ecember 21, 1984 ~tr John Grove, Director Department of Community Affairs state of Florida Room 530-Carlton Building Tallahassee, FL 32301 Dear Mr Grove: Enclosed is a certified copy of Ordinance No. 84-51, approving a comprehensive development of regional impact (DRI) for a proposed industrial office park comprising of approximately 539 acres filed by Riteco Development Corporation with the City of Boynton Beach, which was passed by the City Council at their regular meeting "held December 18, 1984. Very truly yours, CITY OF BOYNTON BEACH B15!~ City Clerk BSB/aa enc. cc City Planner ~TY of BOYNTON BEACH 120 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 ~ " - 4 --~ -~ r- -- ----~rl~71---, ft:.t.:::.~Ei-@~~~Er-Rr!~'-~ ~~l ! -~~~~;J~~~~~ !_' --~.:::- - ~ - December 21, 1984 State Land Planning Agency State of Florida 3900 Commonwealth Blvd. Tallahassee, Florida 32301 Gentlemen: We enclose herewith a certified copy of Ordinance No. 84-51 approving a comprehensive development of regional impact (DRI) for a proposed industrial office park comprising of approximately 539 acres, filed by Riteco Development Corp. with the City of Boynton Beach, which was passed by the City Council at their regular meeting held December 18, 1984 Very truly yours, CITY OF BOYNTON BEACH BSB/aa enc. cc: City Planner / CITY of BOYNTON BEACH ~ .. '""" ~ 120 E Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 December 21, 1984 l>1r. lvade Ri ley Vice President Riteco Development Corp. Ste. 201 - 1300 W. Lantana Road Lantana, Florida 33462 Dear Mr. Riley: We enclose herewith a certified copy of Ordinance No. 84-51 approving a comprehensive development of regional impact (DRI) for a proposed industrial office park comprising of approximately 539 acres filed by Riteco Development Corp , with the City of Boynton Beach, which was passed by the City Council at their- regular meeting held December 18, 1984 Very truly yours, CITY OF BOYNTON BEACH Be~~~~ City Clerk BSB/aa enc cc. City Planner .,...-- 120 E Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 CITY of BOYNTON BEACH December 21, -1984 Bureau of State & Lands Management Dept. of Natural Resources 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Gentlemen: We enclose herewith a certified copy of Ordinance No. 84-51 approving a comprehensive development of regional impact (DRI) for a proposed industrial office park comprising of approximately 539 acres filed by Riteco Development Corp. with the City of Boynton Beach, which was passed by the City Council at their regular meeting held December 18, 1984. Very truly yours, CITY OF BOYNTON BEACH !J{-d; )~- B~~~~oni City Clerk BSB/aa enc. cc: City Planner - 120 E Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 ~ f r - -~.- :};I.r'~1 . ~f:~;:="A;;'"''';;;.r.~F1i'i~~t:: ~~l' . 1~-~?f~~3!~~~im~ -. , t ~ ~ 'I ~~-y.,~ ~_. .=--~ .~- CITY of BOYNTON BEACH December 21, '1984 So. Florida Water Management District P.O. Box V West Palm Beach, Florida 33402 RE: Ordinance No. 84-51 Gentlemen: Enclosed is a certified copy of Ordinance No. 84-51, approving a comprehensive development of regional impact (DRI) for a proposed industrial office park comprising of approximately 539 acres filed by Riteco Development Corporation with the City of Boynton Beach, which was passed by the City Council at their regular meeting held December 18, 1984 Very truly yours, CITY OF BOYNTON BEACH ~-ti:t./~ Be~r;:::oni City Clerk BSB/aa enc. cc: City Planner --- -:r -_~..~~~~~ _~3II!"_!II!I.JLJL~.~""_It.___ ................. .a.I_y _...... ~Y-I..L "'--' ~~____ --'----,..s....r:::__~_L.L~~~____ -.-----'--- L___ CITY of BOYNTON BEACH ~ " ~ ... 120 E. Boynton Beach Blvd. P. 0 Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 ~-~~ c:: ---, I 'I . !:'ti:"'-f-E';--~E;;;-~--r-!i: I ~~..a: ... ~-;:"~"';;~"~~F;~ i:i!~l I ~-. ~~..~~~ .. ..~ ~;1~!~ I.. _~ I -~..-4- ~ I ~- - I December 21,1984 Mr. Sam Shannon, Executive Director Treasure Coast Regional Planning Council 620 South Dixie Highway P.O. Drawer 396 Stuart, Florida 33495-0396 Dear ~tr Shannon: Enclosed is a certified copy of Ordinance No. 84-51, approving a comprehensive development of regional impact (DRI) for a proposed industrial office park comprising of approximately 539 acres filed by Riteco Development Corporation with the City of Boynton Beach, which was passed by the City Council at their regular meeting held December 18, 1984. Very truly yours, CITY OF BO ' TON BEACH Betty . Boroni City Clerk BSB/aa enc. cc: City Planner .---- 120 E. Boynton Beach Blvd. POBox 310 Boynton Beach, FL 33425-0310 (305) 734-8111 ~ ~ 7- . ==--::-;..=- ~ . r-. -- ;:"}f"rt,,..Jf . + li:t=i::S~@--"'E!r-E'!"':-i"!~ ~~l, I r---- .... ..... I ,-::; ~~~~.~;;~~;~:;: ~m~t!~= I _..: -.- - . -.. - ~ i f ....,~ __~. '- ~~ -. ._~~.- CITY of BOYNTON BEACH December 21, 1984 Dept. of Environmental Regulations South Florida Sub-District 3301 Gun Club Road West Palm Beach, FL 33406 Attention: Mr. Warren Straughn Gentlemen: Enclosed is a certified copy of Ordinance No 84-51, approvinq a comprehensive development of regional impact (DRI) for a proposed industrial office park comprising of approximately 539 acres filed by Riteco Development Corporation with the City of Boynton Beach, which was passed by the City Council at their regular meeting held December 18, 1984. Very truly yours, CITY OF BO~:jTON BEACH ~ B~ Baroni City Clerk BSB/aa enc cc: City Planner LAW OFFICES .,. MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A JON C. MOYLE ..JOHN ~ F"LANIGAN MARTIN V KATZ E. COLE FITZGERALD m THOMAS A. SHEEHAN III ROBERT M GROSS DAVID S PRESSLY DONNA H. STINSON THOMAS M BEASON WILLIAM 8. KING MYRA GENDEL LISA MILLER LAYMAN 707 NORTH >LAGLEP DRiVE POST OFFICE BOX 3BB6 DELRAY BEACH O~F"'CE 900 EAST ATLANTIC AvE~LE p. O. BOX 876 DELRAY BEACH, FLORIDA 33.4.G7 TE:...EPHO""E (305 276 329~ WEST PALM BEACH FLORIDA 33402 TELEPHONE (305 659 7500 TELECOPIEF> :305 659 1769 TALLAHASSEE OFF""ICE SUITE 100, THE PERKINS HOUSE liB NORTH GADSDEN STREET TAL:""AHASSEE, FLORIDA 3230; TE~EPHONE (904) 68'-3828 November 30, 1984 James W Vance, Esq 1615 Forum Place Barristers Bldg , Suite 200 West Palm Beach, FL 33401 RE Boynton Beach Park of Commerce Proposed Development Order Dear Jim Enclosed please find a copy of the proposed Development Order for the Boynton Beach Park of Commerce The Development Order has been revised to reflect the changes requested by you and Carmen at our meeting on November 28, 1984 Mr reviewed prior to Riley and other members of the Development Team have not these revisions, and I will let you know their comments the December 4th hearing As I told you in our phone conversation, I am concerned at the City's insistence that we acknowledge that our project has a "substantial impact on the existing civic and non-recreational facilities" of the City of Boynton Beach. There are obviously numerous civic and non-recreational facilities upon which our project wlll have no impact (libraries, parks, cemetaries, etc ). Throughout the DRI process we have indlcated our willingness to pay for the impacts generated by the project that are not otherwise mitigated by taxes and fees already being paid to the City and County It lS my understanding that the purpose of hiring Dr Nicholas was to have an acknowledged expert tell us what our impacts are, and, therefore, I cannot understand why the City lnsists on our acknowlegement of impacts prior to receiving Dr Nicholas' report If you have any questions, please let me know Sincerely, '. .'\ , . . , \ /l f/. ..,I,'.J /l"/ ' , l~,.~<fv ./. u--- David S P ssly DSP/pp Enclosure r ORDINANCE NO. .... WHEREAS, RITECO DEVELOPMENT CORPORATION, a Florida Corporation, has filed with the City of Boynton Beach an Application for Development Approval of Comprehensive Development of Regional Impact; and WHEREAS, these proceedings relate to a proposed regional industrial, office and commercial park comprising approximately five hundred thirty-nine and 9/10 (539.9) acres, located in the City of Boynton Beach, Palm Beach County, Florida, generally east of Conqress Avenue and west of Interstate I-95; and WHEREAS, the City Council of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for development approval of developments of regional impact pursuant to Chapter 380, Florida Statutes (1984)i and WHEREAS, upon publication and furnishing of due notice, a public hearing in these proceedings was held October 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 Regional Planning Council, the Boynton Beach staff, the Boynton Beach Planning and Zoning Board, and the publici and .. r WHEREAS, the City of Boynton Beach and the applicant, Riteco Development Corporation, aqree 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 Ci~y 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 , a newspaper of general circulation in , 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 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 -2- ~ 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 upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380.07(2), Florida Statutes. For the purposes of this condition, the Application for Development Approval (ADA) shall include the following items (a) ~3nton-~each Park of Commerce ADA, submitted May 21, 1984; (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. -3- ~ (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 and Properties in the Florida Department of State. Proper protection, to the satisfaction of the Bureau, shall be provided by the developer. (6) The developer shall preserve in viable condition a minimum of forty (40) acres of Sand Pine Scrub canopy, understory and groundcover vegetation. Prior to commencement of any clearing activities, the developer shall survey the site to determine the 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) shall be of appropriate size, quality and arrangement to maintain all populations of these species. A preservation plan shall be developed which (a) identifies and delineates the boundaries of Sand 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). -4- r 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 Boynton Beach Park of Commerce property, the developer shall cease all activities which might negatively affect that individual or population and immediately notify both the Florida Game and Freshwater Fish Commission and the u.s. Fish and Wildlife Service. . Proper protection to the satisfaction of both agencies shall be provided by the developer. (9) The developer shall establish a vegetated littoral zone of hardwood swamplfreshwater marsh habitat comprising a total of no less than 11 acres as part of the surface water management system. No less than 5.5 acres of the 11-acre littoral zone requirement 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 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 control elevation. In addition, the developer shall preserve on-site six acres of seasonally flooded wetland habitat designed to -5- ~ be of value to fish and wildlife species and consisting of native vegeta~ion 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 to be provided; and (c) provide a description of any management procedures to be followed in order to assure the continued viability, health and function of the littoral zone or wetland. The plan for each phase shall be subject to approval by the City of Boynton Beach in consultation with the Treasure Coast Regional Planning Council. The plan shall be implemented and work . inspected no later than eighteen (18) months after each lake is excavated. (10) In accordance with the following provisions, the developer shall provide and maintain a buffer zone of native upland edge vegetation around wetland and deepwater habitats which are preserved or constructed on-site. The buffer zone may consist of 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. (11) During construction, all Melalueca, Brazailian Pepper and Austrailian pine which occur on-site shall be removed. Removal -6- r shall be in such a manner that avoids seed dispersal by any of 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 requJrement 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 operation9 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. -7- ~ (16) Prior to occupancy, each specific tenant or owner that uses, handles, stores or displays hazardous materials or generates hazardous waste shall meet the requirements of this Condition 16 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 qnd to prevent such 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 the Department of Environmental Regulation and the South Florida Water Management District and shall serve all structures or areas where hazardous materials are used, handled, stored or displayed, or where hazardous wastes are generated. The developer shall impose these requirements and the obligation to remediate any contamination on each industrial tenant or owner in an appropriate covenant and restriction which shall be approved by the Department of Environmental Regulation and the South Florida Water Management District and made available to the City of Boynton Beach. The City reserves the right to inspect all buildings within the project, during normal working hours. (17) The de~eloper 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 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 -8- .. 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; (d) specifications for the development and implementa- tion of a coordinated monitoring program which incorporates the individual site monitoring programs required under Condition 16 above in such a manner as to achieve an efficient and effective overall project early warning monitoring program; and (e) requirements for financial responsibility which will assure cleanup costs will be provided. (18) All requirements for nonpotable water shall be met only by withdrawls from the surface water management system and adjacent canals (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 -9- r inhibit the management of the native vegetation areas in a healthy state i ~ (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 (c) 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 unl~ss 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 generating such effluents. (21) To the extent feasible, the developer should incorporate energy conservation measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan. (22) Prior to final site plan approval, the developer shall implement the energy conservation measures endorsed andlor recom- mended by the Development's architectural review committee. The energy conservation measures shall incorporate, at a minimum, those energy conservation measures identified on pages 25-4 through 25-7 of the Application for Development Approval The guidelines, and any subsequent revisions, shall be transmitted to the City of 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 Congress Avenue to Seacrest Boulevard 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 -10- r L 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. (25) The developer shall have a FeasibilitylJustification Study and (subsequent) Environmental Impact Statement (EIS) prepared under a contract which shall be approved by the City of Boynton Beach prior to execution of same, for an interchange between 1-95 and Northwest 22nd Avenue. The developer shall pay up to $200,000.00 of the cost of these engineeringlenvironmental studies. The FeasibilitylJustification Study shall commence within thirty (30) days of the issuance of the Development Order and be completed within two hundred (200) calendar days thereafter The EIS shall commence upon favorable review by the Department of Transportation of the Feasibility/Justification Study and be 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 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 -11- r contribute $900,000.00 toward construction of the interchange in lieu o~said Congress Avenue improvements; provided, however, that 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 fir 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 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 base year. (27) The developer shall contribute $900,000.00, in excess of any contribution made pursuant to Condition 26 above, for right- 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 also dedicate to the appropriate governmental agencies any inci- dental right-of-way, not to exceed three acres, which is needed for the interchange and is located within the project boundaries. If the interchange is disapproved by the responsible State and Federal agencies, the developer shall 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 $900,000.00 contribution required under Condition 26 above is allocated to improvements at these 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 base year. -12- r (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 Council. 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 signali~ation 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 for Miner Road through the limits of the Park. Miner Road appears as a 108 foot arterial on the County's Thoroughfare Plan. (31) Within ninety (90) days of the approval of the Development Order, dedi~ate to Palm Beach County the additional 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 Thoroughfare Plan. (32) In connection with the requirement to set aside forty (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 Regional Planning Council's report and recommendation, the developer shall provide for the City's approval, documents which will specify the nature of anp responsibility for the continued maintenance and preservation of the forty (40) acre scrub habitat set aside. -13- ~ (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.~0 with respect to 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. (d) In the event that the development of the subject Project commences within 3 years after the issuance of the Development Order, Riteco will be given a credit for the amount funded by Riteco pursuant to this condition 34. Otherwise the amount funded will not be refunded to Riteco. (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 regardinq the Study. (f) The parties agree in concept that any impact fees be due and payable at the time that Certificates of Occupancy are issued, and 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.D. 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 -14- " (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 Perry Cessna to Carmen Annunziato under date ~ 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 and adjacent to the Boynton Canal between the proposed water main canal accessing and High Ridge Road. (39) The Park's developers or assigns shall provide on-site security during all phases of construction in the construction areas. (40) As it is the stated intention of the Park's developers to supplement municipal police protection with a private, centrally- located and housed, on-site security force, the following shall be required -15- ~ 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 State Land Planning Agency, and all effected permit agencies, or their respective successors. The annual report shall include: (a) a complete list of tenants (and where applicable, their respective Four Digit Standard Industrial Classification Codes) located in the development during the preceding year, together with a description of the activities and operations of each tenant and a map indicating their respective locations within the development; (b) Changes in the plan of development or phasing for the reporting year and for the next year; (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; -16- r (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 to the Energy Element of the Comprehensive Plan of the City of Boynton Beach (46) The City Manager of the City of Boynton Beach is hereby designated as the local official responsible for assuring compliance with this Development Order Section 5 A copy of this Ordinance (Development Order) shall be transmitted to the Division of Local Resource Management, the State Land Planning Agency, Riteco Development Corporation (the 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 -17- r SECOND READING and FINAL PASSAGE this day of December, 1984. CITY OF BOYNTON BEACH, FLORIDA M.z\YOR VI CE MAYOR ..... COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER ATTEST CITY CLERK 113084dt 07///994 -18- r LAW OFFICES MOYLE, FLANIGAN, K..A..TZ, FITZGERALD & SHEEHAN, P 1\.. JON C. MOYLE .JOHN ~ F'LANIGAN MARTIN V KATZ E. COLE FITZGERALD. m THOMAS A.. SHEEHAN, m. ",OBERT M GROSS DAVID S. PRESSLY DONNA H STINSON THOMAS M BEASON WILLIAM e. KING MYRA GENOEL LISA MILLER LAYMAN 707 NORTH FLAGLER DRIVE D POST OFFICE BOX 366RECEIVE ELRAY BEACH OFFICE WEST PALM BEACH, FLORIDA 33402 900 EAST ATLANTIC AVENUE P Q. BOx 878 2.3 1984 DELRAY BEACH, ~LOF1IDA 33447 TEc-f:PHONE (305) 276 3294 TELEPHONE (305) 659-7500 NOV TELECOPIER (305) 659 1789 PLANNING DEPT! TALLAHASSEE OFFICE SUIT~ 100. THE PERKINS HOuSE lie NORTH GADSDEN STREET .. TALLA~AS~EE. FLORIDA 32301 TELEPHONE (904) 661 362B November 27, 1984 Mr. Peter Cheney City Manager City of Boynton Beach POBox 310 Boynton Beach, FL 33425-0310 RE Boynton Beach Park of Commerce Application for Development Approval Dear Peter: As you are aware, I represent the interests of Riteco Development Corporation regarding the Boynton Beach Park of Commerce. Pursuant to Section 380 06(14), Fla. Stats. (1984), Riteco Development Corporation hereby requests an extension until December 18, 1984 for a decision to be rendered by the City of Boynton Beach on Riteco's Application for Development Approval Thank you for your cooperation Sincerely, y~ r^o/ David S Pressly DSP/pp cc Wade Riley Howard Riley, Jr. ~Ud Post R Barden armen Annunziato 23 The developer shall construct an additional two lanes on Northwest 22nd Avenue from Congress Avenue to Seacrest Blvd. including all intersection improvements at N.W 22nd Avenue and Seacrest Boulevard within five (5) years from the date of recording of the first plat This construction may be phased with Dortions of the construction required through the limits of each plat The construction shall include all intersections and the bridge over the E-4 Canal, but not the widening of the existing bridge over I-95 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 THe? ~A.S 'F- ,..,~t::: 1. the location of~vegetation ~ca~ shall be such that the INt. water~ and fertilization of non-native areas not inhibit the management of the native vegetation areas in a healthy state; 2. 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 3. 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. 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 '"THe? A/2...E P>.S . F ;V~(::" 1 the location of~vegetation ~ca8 shall be such that the .LNl. water~ and fertilization of non-native areas not inhibit the management of the native vegetation areas in a healthy state; 2 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 3 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 '" '-- LAW OF"F"ICES MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A. -.JON C. MOYLE .JOHN r FLANIGAN MARTIN V KATZ E. COLE f"lTZGERALD. m THOMAS A. SHEEHAN m ROBERT M GROSS DAVID S. F'RESSLY DONNA H. STINSON THOMAS M BEASON WILLIAM B. KING MYRA GENDEL LISA MILLER LAYMAN 707 NORTH rLAGLER DRIVE F'OST OF"f"lCE BOX 3888 WEST PALM BEACH FLORIDA 33402 DELRAY BEACH OFFICE 900 EAST ATLANTIC AVENUE P. O. BOX 878 DELRAY BEACH, FLORIDA .33447 TELEPHONE (305) 276 3294 TE:LEPHONE: (305) 659 7500 TE:LE:COPIE:R (305) 659 1789 TALLAHASSEE OFFICE SUITE 100, THE PERKINS HOUSE 118 NORTH GADSDEN STREET TALLAHASSEE. FLORIDA 32301 TELEPHONE (904) 681-3828 November 9, 1984 James W Vance, Esq. 1615 Forum Place Barristers Bldg , Suite 200 West Palm Beach, FL 33401 RE Boynton Beach Park of Commerce Dear Mr. Vance Enclosed please find the proposed Development Order regarding the above-referenced project ~~~~~ David S Pressly ~~ DSPlpp Enclosure HAND DELIVERED cc Wade Riley wlencl Howard Riley, Jr w/encl. ~Udd ost w/encl. R Barden w/encl. armen Annunziato wlencl Pete Cheney w/encl. .. / ",fI/ 1.0 JA RES~~TION NO. R-84- RESOLUTION APPROVING THE BOYNTON BEACH PARK OF COMME~CE DEVELOPMENT OF REGIONAL IMPACT WHEREAS, RITECO DEVELOPMENT CORPORATION, a Florida Corporation, has filed with the City of Boynton Beach an Application for Development Approval ~~~~ment~egiOnal Impact; and WHEREAS~~~~~~~~21jedings relate to a proposed regional industrial/~rk comprising approximately five hundred thirty-nine and 9/10 (539.9) acres, located in the City of Boynton Beach, Palm Beach County, Florida,~t of Congress Avenue and west of Inter- state 1-95; and WHEREAS, the City Council of Boynton Beach, as the governing body of leE;a' qnu~nment. having jurisdiction, is authorized and empowered to consider applications for development approval of developments of regional impact pursuant to Chapter 380, Florida Statutes (1984); and WHEREAS, upon publication and furnishing of due notice, a public hearing in these proceedings was held November 8, 1984, before the City Council of Boynton Beach;tand ~~. WHEREAS, said City Council has considered the testimony, ~ I reports and other documentary evidence submitted at said public ~/ hearing by Riteco Development Corporation, the Treasure Coast r/J. ~tifL~ Regional Planning Council,~the Boynton Beach staff,^and the public; said City Council, having considered all of the ~_..:I lrwt:Ri] f\:111y ad y i~~d gild i.lllv.L1U~J iR t.k~ P-9'" ~ .... 0; LJ~d~~~~ ;,{)A---::T ~ ~ c.. ~~ ~~~~~.~_'~-l~~_ j:'/ ~ NOW, THEREFORE, DB IT RESOLuE:O by the City Council of Boynton Beach, that ..in rity CouRcil makes the following findings of fact 1 . A notice of public hearing in these proceedings was duly published in , a newspaper of general circulation in , Florida pursuant to Section 380.06, Florida Statutes, and proof of said publication has been duly filed in these proceedings. 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. 8. The development does not unreasonably interfere with ---' -....1.-.. . . _oF and is not inconsistent with the acRiQVQlRQRt :ll"ld tae objectives"ofiJ'- a~ 8~-r~-g state land development plan. C. The development is consistent with local land development regulations and is consistent with the report and recommendations of the Treasure Coast Regional Planning Council on file in these proceedings. B~ FURTHER REOOLVBD, bY~id City council,~ conclusions 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 CORPORATION is entitled to the relief prayed and applied for in the Application for Development Approval (ADA). P IHl IT FURTHER RESOIYEP ~ the s-a-i-Q City Council -a. follml'G: The Application for Develpoment 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 par- -2- / ,.; ticularly described in Exhibit "A" attached hereto and made a part h f b. t t th f 11' . 1 d" ~ , _1 -r:-L ~ fC. ~ ereo , su Jec 0 e 0 OWIng specIa con ItIons~ ~-,~~' (1) The Boynton Beach Park of Commerce Application for edr Substantial compliance with the Chapter 0'" representations contained in the Application for Development Approval is a condition for approval unless waived or modified ~ a0rQem~nr NmQRg the partie_. as defined in Subsection 380.07(2), Florida Statutes. For the purposes of this condition, the Application for Development Approval (ADA) shall include the following items (a) Boynton Beach Park of Commerce ADA, submitted May 21, 1984; (b) Boynton Beach Park of Commerce ADA Supplement, submitted July 26, 1984; (2) In the event the developer fails to commence significant OX- 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. 0'(- (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 O~ 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~ {};/J.- Q~ (5) In the event of discovery of any archaeological artifacts during project construction, the developer shall stop construction -3- in that area and immediately notify the Bureau of Historic sites and Properties in the Florida Department of State. Proper protection, to the satisfaction of the Bureau, shall be provided by the developer. (6) The developer shall preserve in viable condition a minimum of forty (40) acres of Sand pine Scrub canopy, understory and groundcover vegetation. Prior to commencement of any clearing activities, the developer shall survey the site to determine the 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) ~ shall be of appropriate size, quality and arrangement to maintain all populations of these species. A preservation plan shall be developed which (a) identifies and delineates the boundaries of Sand 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). 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 Planninq 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 o~ Park so that they may make arrangements to obtain any plants which would otherwise be destroyed. -4- (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 ~ Boynton Beach Park of Commerce property, the developer shall cease all activities which might negatively affect that individual or population and immediately notify both the Florida Game and Freshwater Fish Commission and the u.s. Fish and Wildlife Service. Proper protection to the satisfaction of both agencies shall be provided by the developer. (9) The developer shall establish a vegetated littoral zone of hardwood swamplfreshwater marsh habitat comprising a total of no less than 11 acres as part of the surface water management system No less than 5.5 acres of the 11-acre littoral zone requirement ~ shall be maintained and comprised of species that are o representative of hardwood swamp habitat found on-site including but not limited to swamp bay, dahoon holly, and pond apple in 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 control elevation. In addition, the developer shall preserve on-site six acres of seasonally flooded wetland habitat designed to 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 to be provided; and -5- (c) provide a description of any management procedures to be followed in order to assure the continued viability, health and function of the littoral zone or wetland. The plan for each phase shall be subject to approval by the City of Boynton Beach in consultation with the Treasure Coast Regional Planning Council. The plan shall be implemented and work inspected no later than eighteen (18) months after each lake is excavated. (10) In accordance with the following provisions, the developer shall provide and maintain a buffer zone of native upland edge vegetation around wetland and deepwater habitats which are preserved or constructed on-site. The buffer zone may consist of ~ Q preserved or planted vegetation but shall include canopy, understory and groundcover 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. ~ (11) During construction, all Melalueca, Brazailian Cepper and L!' ~ustrailian1bine which occur on-site shall be removed. Removal ~ o shall be in such a manner that avoids seed dispersal by any of 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 ~ b 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 -6- 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 o't-- shall be discharged directly into any wetlands. x- (14) The surface water management system shall be designed and t) 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 h~~b~' Management District~~6-Ehe agency delegated the authority for maintaining, updating, and verifying the master files for hazardous waste generators in Palm Beach County. (16) Prior to occupancy, each specific tenant or owner that uses, handles, stores or displays hazardous materials or generates o't- hazardous waste shall meet the requirements of this Condition 16. The tenant or owner shall construct an appropriate spill contain- ment system which shall be designed to hold spilled hazardous materials for cleanup and to prevent such materials from entering J~he storm water drainage system. In addition to a containment system, tenants or owners shall also develop an appropriate early '6 /warning monitoring program. The containment system and monitoring program shall be acceptable to the Department of Environmental ~~jr~JRegUlation and the South Florida Water Management District and ~{ (, shall serve all structures or areas where hazardous materials are ~,~used, hVndled, stored or displayed, or where hazardous wastes are f tY/ ~ YJj ~I/ ~ -7- generated. The developer shall impose these requirements and the obligation to remediate any contamination on each industrial tenant or owner in an appropriate covenant and restriction which shall be approved by the Department of Environmental Regulation and the South Florida Water Management District~b~~ (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 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 Council. The plan shall identify appropriate measures for contamination response, including, but not limited to: (a) provision of equipment and trained personnel on-site o~ or a contract with a contamination response firm meeting Florida Department of Environmen~al 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; (d) specifications for the development and implementa- tion of a coordinated monitoring program which incorporates the individual site monitoring programs required under Condition 16 above in such a manner as to achieve an efficient and effective overall project early warning monitoring program; and (e) requirements for financial responsibility which will assure cleanup costs ~be provided -8- o~ (18) All requirements for nonpotable water shall be met only by withdrawls from the surface water management system and adjacent canals. (1 A minimum of thirty percent (30%) of the landscaped areas on-site, retention areas, rights-of-way, building fertilization of on-native areas not inhibit the management of the enhance or recreate native vegetation. The courtyard a eas, and planting boxes which abut buildings, shall be ~, comprised o areas shall be such that the watering and native vegetation a healthy state. A minimum of fifty percent (50%) of the and shrubs used in landscaping shall be native trees adapted he soil conditions on-site. (20) Generation and disposal of hazardous effluents into the ~ Osanitary sewer system shall be prohibited unless adequate pre- treatment 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 generating such effluents. (21) To the extent feasible, the developer should incorporate O~- , 'd 'f' d' h C energy conservatIon measures I entl Ie In t e Treasure oast Regional Planning Council's Regional Energy Plan. (22) Prior to final site plan approval, the developer shall implement the energy conservation measures endorsed and/or recom- ~ o mended by the Development's architectural review committee. The energy conservation measures shall incorporate, at a minimum, those energy conservation measures identified on pages 25-4 through 25-7 of the Application for Development Approval. The guidelines, and any subsequent revisions, shall be transmitted to the City of Boynton Beach~~ the Treasure Coast Regional Planning Council. (23) The develope shall construct an additional two lanes on n~~ Congress Avenue to Seacrest Boulevard ~/~ ~#P~'. date of recording of the first plat. d1 ~ e all intersections and the bridge k ~ Northwest 22nd Avenue ithin five (5) years -9- 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 ~ o 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. (25) The developer shall have a Feasibility/Justification Study and (subsequent) Environmental Impact Statement (EIS) ~ prepared under a contract which shall be approved by the City of Boynton Beach prior to eKecution of same, for an interchange between 1-95 and Northwest 22nd Avenue. The developer shall pay up to $200,000.00 of the cost of these engineering/environmental studies. The Feasibility/Justification Study shall commence within thirty (30) days of the issuance of the Development Order and be completed within two hundred (200) calendar days thereafter. The EIS shall commence upon favorable review by the Department of Transportation of the Feasibility/Justification Study and be 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 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 -10- ~/4 y-: ~V contribute $900,000.00 toward construction of the in~c~ t4f -~ ~ ~~h"'<--,.,4o:.. ~ the contribution is not required for the interchang~, 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 Lot constructed. The contri- bution 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 base year. (27) The developer shall contribute $900,000.00, in excess of any contribution made pursuant to Condition 26 above, for right- 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 also dedicate to the appropriate governmental agencies any inci- dental right-of-way, not-to exceed three acres, which is needed for the interchange and is located within the project boundaries. If the interchange is disapproved by the responsible State and Federal agencies, the developer shall 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 $900,000.00 contribution required under Condition 26 above is allocated to improvements at these 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 base year. o~ (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 -11- areas), and shall provide that information to the City of Boynton Beach, Palm Beach County and the Treasure Coast Regional Planning Council. 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) Th~ developer shall provide signalization and turn lanes Q~ 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 v' Or Development Order, dedicate to Palm Beach County the right-of-way for Miner Road through the limits of the Park. Miner Road appears as a 108 foot arterial on the County's Thoroughfare Plan. (31) within ninety (90) days of the approval of the Development Order, dedicate to Palm Beach County the additional d~ 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 Thoroughfare Plan. (32) In connection with the requirement to set aside forty at-- (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 ~'t- 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. b{-- (34) The City of Boynton Beach and Riteco Development Corporation agree to the following items co~cerning a p~T~ ~d Z. c-~"7; civic and non-recreational Impact Fee Grdil_!.l.~<: of the City: (a) The City will enter into a contract (hereinafter the "Contract") with Dr. James Nicholas whereby Dr. Nicholas will -12- 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 (c) Riteco will fund up to $20,000.00 Study. payments made to Dr. Nicholas under the Contract (d) In the event that the development of the subject ~) Riteco will be entitled to review and comment on the study as it progresses, and will be timely provided copies of all Project commences within 3 years after th~~ssuance of the ~'o f,- o,-iA.I/ ~ 't.. - t 'f ' - ..t \ Order, Riteco will be r~ed~e'amount funded by ~ o ~ursuant to this condition 34. Otherwise the amount funded ~ not be rp f\,lfu~a.d to Ri teco . \ ~ ~ ~\ )l~ ~ t' \ ""' ~ l:; c in Phase I as a part of project development east of the L.W.D.D. correspondence and other documents regarding the Study. ~~In addition to the water mains proposed to be constructed I E-4 Canal, the developers of the Park will be required to extend ( 0'<- 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 I in Phase I, the following shall apply (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. b~ (36) The developers shall comply with the memorandum from Perry Cessna to car~ Annunziato under date of October 23, 1984, ./ 5 ~ ~ ~.{--:; ~~--L /~-..-v\. - ~ ~ ~C/ J.r;r //~ -13- hereof. nd made a part which Memorandum is attached hereto as a~ a paved street, driveway, or parking area. (37) All water mains proposed are to be accessible from either o~ (38) The Park's developers shall dedicate to the City of Boynton Beach, a twelve (12) foot wide utility easement parallel and adjacent to the Boynton Canal between the proposed water main canal accessing and High Ridge Road. o~ (39) The Park's developers or assigns shall provide on-site security during all phases of construction in the construction areas. (40) As it is the stated intention of the Park's developers to ~\L supplement municipal police protection with a private, centrally- 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 f- o median, and the developer shall submit to the City of Boynton Beach, the landscaping and irrigation plans for review and approval. (42) Any of the Park's internal rights-of-way which are public I!- o 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 of- good faith efforts to comply with that certain letter from Wade Riley to Peter Cheney, under date of October 22, 1984, which letter ~ Riteco Development Corporation, or its successors or assigns, shall On or befor ade a part hereof. is attached hereto as (44 ) ay of February of each year, -14- submit an annual report for the preceding year to the City of Boynton Beach, the Treasure Coast Regional Planning Council, the State Land Planning Agency, and all effected permit agencies, or their respective successors. The annual report shall include: (a) a complete list of tenants (and where applicable, their respective Four Digit Standard Industrial Classification Codes) located in the development during the precedin~ year, together with a description of the activities and operations of each tenant and a map indicating their respective locations within the development; (b) Changes in the plan of development or phasing for the reporting year and for the next year; (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; (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. -15- ~~ o~- (45) The property shall be developed in a manner that support conservation and efficient management of energy resources pursuant to the Energy Element of the Comprehensive Plan of the City of Boynton Beach. (46) ~ responsible for assuring compliance with this Development Order. is hereby designated as the local official BE IT FURTHER RESuL transmitted to the Division of Local that a copy of this resolution (Development Order) shall Resource Management, the Sta e Land Planning Agency, Riteco The foregoing offered by Councilman ner/petitioner), and the Treasure Development Corporation (the Coast Regional Planning who moved its a The motion was seconded by Councilman , and upon being put to a Robert Ferrell- vote, the vote was as follows: Carl Zimmerman Nick Cassandra James Warnke Samuel Wright The Mayor thereupon declared the resolution duly passed and adopted this day of December, 1984, confirming the action of the City Council on the 8th of November, 1984. CITY OF BOYNTON BEACH, FLORIDA BY ITS CITY COUNCIL By Its Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY -16- f' ,(' " .......-~ , St:ite 2011 ~300 West Lantana Road Lantana. Horida 33462 Phone, (305) 533-0902 ( RITECO DEVELOPMENT CORPORATION October 22, 1984 City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 Attn: Mr_ Peter Cheney, City Manager Dear Mr. Cheney: , Riteco Deve10pment Corporation would like to enter into discussion with the City of Boynton Beach regarding the possible exchange of property. _This exchange would involve the City~owned property-located at the intersection of N W.-- 22tld Avenue and Seaboard -Coas t Line ~Railroad. ".:.. -, - ~ ['.1.. c- -15 ~~ Riteco would propose to use properties located within the Planned Industrial District located in the same area. This exchange would be done on a value for value basis with said values being mutually acceptable to both parties. If this concept meets with your approval. we would be pleased to meet with you at your earliest possible convenience. Sincerely, ()~ LJr....-lv i"\.Ji... Wade Riley~ Vice Pres idlnt WR/gd cc Mr. Carmen Annunziato ~ ~ -- I\~ ".J,\.\ ~.il ~. ~ .;... --;; Suite 201 1300 West Lantana Road Lantanl!- Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION October 24, 1984 Dr. Manley Boss 3515 So Ocean Blvd Highland Beach, FL 33431 Dear Manley Please proceed as soon as possible with Proposal la, lb and Proposal 2a and 2b as outlined in "A Proposal Encompassing the Native Plant and Wildlife Preservation Plan at the Boynton Beach Park of Commerce Site" If you need more than 10 hours on item la, 24 hours on item lb, 4 hours on item 2a, and 80 hours on item 2b, please let me know If you have any questions, feel free to contact me Sincerely, {A;f2-- Wade Riley Vice President WR/gd ..., L_ AGENDA r1EMORANDUM 24 October 1984 TO: Peter L. Cheney, City Manager FROM Carmen S Annunziato, Planning Director RE CITY COUNCIL AGENDA FOR 8 NOVEMBER 1984 Please place the following item on the City Council agenda for the above-referenced date DESCRIPTION Request for approval of a Comprehensive Development of Regional Impact to develop the proposed Boynton Beach Park of Commerce The Park is to be located generally east of Congress Avenue to 1-95 and on both sides of N W 22nd Avenue Also included are requests for an amendment to the Future Land Use Element of the Comprehensive plan from Low Den~ity Residential to Industrial and rezonings from R-3 (Multi-Family Residential), Rl-AA (Single Family Residential), Rl-AAA (Single Family Residential) and REC (Recreation) to PID (Planned Industrial Developments) all totaling 495 78 acres In addition, a request to rezone from M-I (Light Industrial District) to PID totaling 86 65 acres is included These applications were submitted by Wade Riley, Vice President for the Riteco Development Corporation RECOtruENDATION After conducting a public hearinq on the Land Use Element Amendment and rezonings, the Planning and Zoning Board unan- imously recommended to the City Council that requests submitted be approved subject to the list of City staff comments as modified in Exhibit 'D', and the list of comments received from the Treasure Coast Regional Planning Council, both of which appear in the report prepared by the Planning Director (attached) In addition, as part of the Council's review of the Comprehensive Development of Regional Impact, the Council shall consider whether, and the extent to which I "The development unreasonably interferes with the achievement of the objectives of an adouted state land development plan aoplicable to the area"; 2 "The development is consistent with the local land development regulations"; and, Page Two 3 "The development is consistent with the report and recommendations of the regional planning agency" EXPLANATION The motion to recommend approval of the Land Use Element amendment and rezonings was made by Mr. Mauti and seconded by Mr Pagliarulo The motion to recommend approval of the rezoning (from M-I to PID) was made by Mr. Linkous and seconded by Mr Mauti <?~N ~ ~~ jbks Attachment EXHIBIT D 1 Within ninety (90) days of the approval of the Development Order, dedicate to Palm Beach County the right-of-way for Miner Road through the limits of the Park Miner Road appears as a 108 foot a~terial on the County s Tho~oughfare Plan. 2 Within ninety (90) days of the approval of the Development O~der, dedicate to Palm Beach County the additional right-of-way for N.W 22nd Avenue through the limits of the Park N W. 22nd Avenue appears as a 108 foot a~terial on the County's Thoroughfa~e Plan. 3. In connection with the requirement to set aside forty (40) acres of sc~ub habitat, within one-hundred eighty (180) days of the approval of the Development Order p~ovide for the City of Boynton Beach the legal desc~iption of the areas to be preserved 4 In connection with recommendation bc which appears in the Regional Flanning Council's ~epo~t and recommendation, the developer shall provide fo~ 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 5. This item is recommended to the City Council for approval in concept, and the applicant is willing to comply However, the formula upon which the dedication is based is suggested to be a matter of further study. Prior to the adoption of the Development Order the City of Boynton Beach will have adopted an amendment to the Municipal Subdivision Regulations which will require the dedication of land, land and dollars, or dollars for civic, non-recreational governmental purposes As applied to the Boynton Beach Park of Commerce, the requirement for non-residential developments is based on total trips generated by the development on a daily basis, with ten (lu) trips per day equal to five thousandts ( Ou5) acres of civic land dedication For the purposes of the Boynton Beach Park of Commerce the following additional criteria shall apply a The total trips per day = 44,143 b The project area = 54u acres c As sufficient lands for civic, non-recreational purposes e ist in the area to serve the project, dollars will be required in lieu of I and d. The dollars will be payable at the time of the submission of a final plat using an average of eighty-two (82) trips per gross acre within the plat s described boundaries. The eighty-two (82) trips per day is computed by dividing the total trips per day (44,143) by the gross p~oject area (54u) -Fage 1- e The amount of the fees to be paid shall be as required in the subdivision regulations. 6. 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.D E-4 Canal, the developers of the Park will be required to extend the si teen (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 e::isting si:<teen (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: 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 (16) inch water main on the west side of Congress Avenue at the project s northern entrance. 7. See attached memo from Mr Cessna to the Planning Director dated 2:! October 1984. 8 All water mains proposed are to be accessible from either a paved street, driveway, or parking area 9 The Par~'s developers shall dedicate to the City of Boynton Beach, a twelve (1~) foot wide utility easement parallel and adjacent to the Boynton Canal between the proposed water main canal accessing and High Ridge F\oad 10 The Fark s developers or assigns shall provide on-site security during all phases of construction in the construction areas. 11 As it is the stated intention of the Park s developers to supplement municipal police protection with a private, centrally-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. 12 N W. 2~nd Avenue shall be constructed with a landscaped median, and the developer shall submit to the City of Boynton Beach, the landscaping and ir-rigation plans for review and approval 13 Any of the Par~ s internal rights-of-way which are public will be landscaped The landscaping and irrigation plans shall be submitted to the City for review, approval and subsequent maintenance. -Page 2- 14 See attached lette~ f~om Wade Riley to Pete~ Cheney dated 22 Octobe~ 1984. 15. In addition to the above-mentioned ~equi~ements, the following ~ecommendations a~e offe~ed fo~ the develope~'s conside~ation. a Conside~ utilizing the se~vices of a thi~d-pa~ty van pool ope~ato~ at the app~op~iate time. This se~vice could be coo~dinated th~ough the p~oposed p~ope~ty owne~s association o~ by the individual tenants, possibly in coope~ation with adjacent employment cente~s such as Moto~ola and the DeBa~tolo Mall. Info~mation about the Florida Department of Transportation sponsored "Sha~e A Van" program is available from the Energy Office. b. Consider the establishment of a designated "Park and Ride" facility in the vicinity of the proposed N W ~2nd Avenue and 1-95 interchage in coo~dination with the Florida Department of Transportation c. Consider a mechanism to ensu~e the protection of solar access rights or "easements" fo~ tenant sites opting to utilize this technology. (This could be coordinated through the architectural review committee). d Consider the use of high-efficiency low-pressure sodium vapor lighting in areas where the associated monoch~omatic effects would not be a significant factor (i e , sto~age areas, loading docks, alleyways, etc ). e Conside~ the utilization of recycling facilities and the secondary mate~ials mar~et to mitigate the negative impacts posed by solid and hazardous waste materials and thei~ associated disposal requirements Agencies such as the Southeast Waste Information Exchange (founded by th Flo~ida Chamber of Commerce) provide a clearinghouse for the recove~y and reuse of a variety of material that would otherwise pose serious disposal and/o~ treatment problems. 16 The Comp~ehensive Plan Ene~gy Element requi~es the inclusion of language in support of the conse~vation and efficient management of ene~gy ~esou~ces in all applicable municipal ordinances and such language must be incorporated into the Development Order :( MEMORANDUM October 23, 1984 TO: Mr. Carmen S. Annunziato Director of Planning RE: Boynton Beach Park of Commerce -- The approval of this development as related to their lift station configuration should specify that at the time of planning the first phase east of the E-4 Canal, that the developer's engineers will present to the City,a study to show whether lift station #3 on their master plan can be deepened and/or relocated in such a manner as to eliminate lift station #2 for the north east section of the develop- ment. Based upon a review by the city staff and City's engineers, the design will be finalized prior to approval of the plans for lift station #3 and its gravity collection system. ~ ~]ss~~ Director of utilities tV LP/J41<<( apt \, .. '<' ..... #~..." , l-( Suite 201 1300 West lantana Road umtan,!- Florida 33462 Phone, (305) 533-0902 "'In ~ ;,....,,:,~ -,~, -~D. . ~~ \', .,.; .i_~ .it. ~..~ ...-1.-_..4_ O....~. '" I 'w 1q1(\ RITECO DEVELOPMENT CORPORATION PU-'.! hi. G D:PT October 22, 1984 City of Boyn~on Beach P.O. Box 310 Boynton Beach, FL 33435 Attn: Mr. Peter Cheney, City Manager Dear Mr. Cheney Riteco Development Corporation would like to enter into discussion with the City of Boynton Beach regarding the possible exchange of property. This exchange would involve the City owned property located at the intersection of N W 22nd Avenue and Seaboard Coast Line Railroad. Riteco would propose to use properties located within the Planned Industrial District located in the same area. This exchange would be done on a value for value basis with said values being mutually acceptable to both parties ~~ If this concept meets with your approval, we would be pleased to meet with you at your earliest possible convenience. Sincerely, LJ(~..~ RliZ:~i.' Wade Riley Vice Presi nt WR/gd cc Mr Carmen Annunziato .. " \... .. .... ..., .., Q) OFFICE 120 N.E. 2nd AVENUE P.O BOX 310 BOYNTON 5EACH, FLORIDA 33435-0310 (305) 734-8111 ~ _h_ - --Ii] :}tJl"'t.~J C~f"--H:cr_H"~~C~ ~Cl ~~JfS~,- ~;~ _:~ - ~. . '- ~- ~..a--- CITY of BOYNTON BEACH OF THE PLANNING DIRECTOR 10 October 1984 Mr. Roy Barden Barden Planning Group 5908 Colony Court Boca Raton, FL 33433 Dear Roy The purpose of this letter is to discuss further, recommendation number 6 which appears in the Treasure Coast Regional Planning Council's report on the Boynton Beach Park of Commerce Recommenda- tion 6 requires the preparation of a management plan which addresses the scrub habitat and the associated wild-life preserve Based on our conversations, it is apparent that Riteco will be employing biological/environmental consultants to prepare this plan and that these consultants will be working closely with Dan Carey of the Regional Planning Council In this regard, it is the City's desire to participate in the formulation of the management plan from its inception The municipal representative suggested is Kevin Hallahan, the City's Urban Forester If you have any questions concerning this matter, please feel free to contact me at your convenience Yours very truly, CITY OF BOYNTON BEACH c~ Carmen S Annunziato Planning Director /bks cc City Manager Charles Frederick Kevin Hallahan Central File Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 RITECO DEVELOPMENT CORPORATION September 10, 1984 Mr Peter Cheney, City Manager City of Boynton Beach POBox 310 Boynton Beach, FL 33435 Re Boynton Beach Park of Commerce Fair Share Contribution for Traffic Dear Mr Cheney We are pleased to submit herewith this Memorandum of Under- standing which we think fairly defines the traffic concerns of the City of Boynton Beach and Palm Beach County with respect to the proposed Boynton Beach Park of Commerce, the construction and financial requirements imposed upon Riteco Development Corporation, and a plan to implement our mutual agreement If you are satisfied with this document, please sign on the signature line provided below This Mememoran- dum of Understanding will be submitted by Riteco to the Regional Planning Council as part of the Application for Development Approval and your signature will be taken as an indication that you agree with the proposed plan Prior to action by the Council of the City of Boynton Beach, a formal contract will be prepared in accordance with this Memorandum MEMORANDUM OF UNDERSTANDING Following a series of meetings between Riteco, the City and the County, Riteco has agreed that its Fair Share Contribu- tion to provide for its impact on the traffic and transpor- tation in the area of the proposed Boynton Beach Park of Commerce may best be satisfied by a combination of con- structed improvements and financial contributions The construction and contributions shall be as follows -2- PART I - Initial Construction and Contributions A Construction - NW 22nd Ave from Congress Avenue east to Seacrest Boulevard $1,044,000 1 Construct an additional two lanes from Congress Avenue to Seacrest Boulevard, making 22nd Avenue a four-lane divided road; construction to include all intersections and bridge over E-4 canal, but to exclude any widening of existing bridge over 1-95 or traffic signalization except project entrance signalization which shall be Riteco's expense if warranted 2 Construction of first segment (Congress Avenue to entrance to first platted area of Park) shall be accomplished as part of the bonded construction of the first recorded plat 3. Four-laning of the remainder of NW 22nd Avenue shall be completed within 5 years from the date of recording of the first plat as each plat contiguous to NW 22nd is developed 4 Estimated cost of above construction, $1,044,000. B Construction/Contribution - Intersection, Congress Avenue and Boynton Beach Boulevard 1 Have construction plans and right-of-way map prepared $ 13,000 by Kimley-Horn and Associates, Inc , at Riteco's expense for construction by County of double left-turn lanes on east and west approaches to intersection Surveys and design work by Kimley-Horn and Associates to commence within 30 days after issuance of Development Order by Cify; completed plans and right-of-way map to be deliv- ered to County within four months after date of Develop- ment Order; approximate amount design contract, $13,000 2 Contribute $141,000 to County within 30 days after con- $141,000 struction contracts are awarded and construction has started Contribution - 1-95 Interchange Studies $200,000 C I Have Feasibility/Justification Study and (subsequent) Environmental Impact Statement (EIS) prepared by Kimley-Horn and Associates, Inc , under contract to Riteco (which contract shall be approved by the City of Boynton Beach prior to execution of same),for the purpose of taking the necessary first steps leading to future construction of an Interchange between 1-95 and NW 22nd Avenue Riteco shall pay up to $200,000 of the cost of these engineering/environmental studies -3- The Feasibility/Justification Study shall commence within 30 days of the issuance of the Development Order and be completed within 200 calendar days thereafter The EIS will commence upon favorable review by the DOT of the Feasibility/Justification Study and be completed 365 calendar days thereafter Sub-total, Part I, Construction & Contributions by Riteco $1,398,00C PART II - Construction or Contributions required when external trips generated by Project exceed 15,000 trips per day A Construct Miner Road as a two lane facility from Congress Avenue east to and including intersection with interior road providing access into the Park, and including two-lane bridge over E-4 canal, but excluding any signalization except project entrance signalization if warranted Estimated Construction Cost $400,000 B Construct two additional traffic lanes on Congress Avenue, bringing it to 6-lane capacity, from the Boynton Beach Canal but excluding any bridge construction, north to and including the intersection with Miner Road, but excluding any signalization Estimated Construction Cost $500,000 Alternate PART II Once the improvements to Miner Road and Congress Avenue described above are under construction by others, at no cost to Riteco and if neither the State nor Federal Govern- ment has indicated dis-approval of the 1-95 Interchange, Riteco agrees that it will contribute up to $900,000 toward the construction of the Interchange However, if the improve- ments to Miner Road and Congress Avenue are not under con- struction by others by the time the external trips generated by the Park reach 15,000 trips per day, then Riteco will proceed with the construction of those improvements and will no longer agree to contribute the funds to the Interchange If not required for either Miner Road/Congress Avenue improve- ments or for the 1-95 Interchange pursuant to the above condi- tions, then said funds shall be provided to the City to be used for highway purposes within an area bounded by U S 1, Boynton Beach Boulevard, Military Trail and Hypoluxo Road Sub-total, Part II Construction or Contribution $900,000 PART III - Additional Contribution to Interchange Construction If within 10 years of the date of the Development Order, a con- struction contract has been awarded and construction has started on the Interchange, Riteco agrees to contribute an additional $900,000 for construction costs However, if construction has not started within the limits stated above, then Riteco shall have no obligation for traffic improvements other than those stated -4- in Parts I and II above Further, it is understood and agreed that under no circumstances shall Riteco's total contribution toward the Interchange exceed $1,800,000 or twenty percent of Palm Beach County's contribution to actual construction costs, whichever is less Sincerely, esident Corporation ~~~ eter L Cheney, C' y Manager City of Boynton Beach trecvure j (OOlt ~] regional ,.::- . ",;.".:*,J);lfi~. plann$lng .4'. ..~ti' .. -. . ~,,)j""'-:. ,.. - council st. lude ~ martin r,- ;,,'"r -~., .~~. ,. ~. ...~- ., \<;, Io:.i~ !'h .... ~: [." lit. .? i rJ" ~~ \!~ ~ ~~~,~ August 23, 1984 Mr. Peter,L. Cheney City Manager City of 8oynton Beach 120 N E Boynton Beach Boulevard Boynton Beach, FL 33435 Subject Boynton Beach Park of Commerce DR! Dear Mr Cheney This is to notify you that the Boynton Beach Park of Commerce Applica- tion for Development Approval submitted May 21, 1984 and supplemental information submitted July 26, 1984 have been found sufficient for Council to prepare the regional assessment report as required by Section 380 06(11), Florida Statutes. Your attention is invited to Sections 380.06(10), Florida Statutes and 9B-16.23, Florida Administrative Code (copies attached) for the public hearing requirements for a Development of Regional Impact. Within 50 days of receipt of the notice of public hearing from the City of Boynton Beach, the Council will provide its report and recommendations to the City Y~urs tru:2:- ~: -~~ -:'Y=- Sam Shannon Executive Director - ~ S5 pk Attachments cc Honey Duncan Wade R i 1 ey Sally Lockhart Claude White Herb Zebuth Roy Barden Carmen Annunziato Charles Walker Stan Redick A 1 to Thomas 620 s. dixie highway 1\ p.o. drawer 396 stuart, florida, 3349>0396 phone (30S) 286-3313 honey duncan chairman mag9Y hurchalla vice chairman thomos d mccloskev, jr sam shannon SB(retary! treasurer executive director LAW OFFICES MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A 707 NORTH FLAGLER DRIVE DELRAY BEACH OF"F"ICE 900 EAST ATLANTIC AVENUE P. O. BOX 878 DELRAY BEACH. FLORIDA 33447 TELEPHONE (305) 276 3294 JON C. MOYLE JOHN I'" FLANIGAN WEST PALM BEACH, FLORIDA 33402 MARTIN V KATZ E. COLE FITZGERALD. ill _-,:4""-'">'\ T"'T"T"'\ THOMAS A, SHEEHAN ill ~ :'""" . ,-,~EPHONE (305) 659 7500 ROBERT M GROSS 1. .~ . TELECOPIER (305) 659 1789 DAVID S, PRESSLY DONNA H STINSON THOMAS M BEASON WILLIAM B, KING MYRA GENDEL LISA MILLER LAYMAN POST OFFICE BOX 3888 ~\\ iG 19M " \; r. ;.. ~ August 17, 1984 TALLAHASSEE OFFICE SUITE 100, THE PERKINS HOUSE tl8 NORTH GADSDEN STREET TALLAHASSEE. FLORIDA 32301 TELEPHONE (904) 681 3B28 j--~;"., ------- Mr. Carmen Annunziato City Planner City of Boynton Beach P O. Box 310 Boynton Beach, FL 33435 RE Boynton Beach Park of Commerce Dear Carmen As a reminder, the Administrative Rules regarding Chapter 380, Fla Stats, require that the Public Hearing on our ADA be recorded by tape or a certified court reporter Please let me know if Riteco needs to take any action in connection with this If I do not hear otherwise, I will assume that the City has taken the necessary steps to comply with this requirement Thank you for your cooperation Sincerely, )tUJf 1f\~y-' David S pr~slY DSP/pp cc Wade Riley Bud Post . , i$ t ~ LAW OFFICES MOYLE, FLANIGAN, KATz, FITZGERALD & SHEEHAN, P A. 707 NORTH FLAGLER DRIVE .JON C. MOYLE .JOHN F FLANIGAN MARTIN V KATZ E. COLE FITZGERALD. ill THOMAS A. SHEEHAN. ill ROBERT M GROSS DAVID S. I'RESSLY DONNA H. STINSON THOMAS M BEASON WILLIAM B. KING MYRA GENDEL LISA MILLER LAYMAN POST OFFICE BOX 3888 WEST PALM BEACH l"LORIDA 33402 n "'!r' r~1!"~ T"T!]TT- 1 ,.' _ '_d. Tiy:.~(305) 659 7500 TELECOI'IEIO (305) 659 1789 DELIOAY BEACH OFFICE 900 EAST ATLANTIC AVENUE 1'. 0 BOX B78 OELRAY BEACH, F'"LOR1DA 33447 TELEPHONE (305) 276 3294 A,\JG " lqRA , f" . .....::; L.; t;~T. " '-11. , , TALLAHASSEE OFFICE SUITE 100. THE I'EIOKINS HOuSE liS NORTH GADSOEN STREET TALLAHASSEE. FLORIDA 32301 TELEPHONE (904) 681 3828 - August 17, 1984 Mr Carmen Annunziato City Planner City of Boynton Beach POBox 310 Boynton Beach, FL 33435 RE Boynton Beach Park of Commerce Dear Carmen As a reminder, the Notice Of Public Hearing must be sent to the State Land Planning Agency, the Treasure Coast Regional Planning Council, all adjacent Counties/Municipalities, the Department of Environmental Regulation (District Office and Tallahassee Office), and the South Florida Water Management District Please let me know if this is in conflict with your under- standing of the Notice requirements Sincerely, VaL,1-( ~4Y David S Pressly DSP/pp cc Bud Post Wade Riley Jim Vance, Esq The Roy Barden Planning Group Community Planning . Landscape Architecture . Land Planning 5908 Colony Court, Boca Raton, FL 33433. 305/368~3334 July 23, 1984 HAND DELIVERED ~ 'T* 1: >'.. __. , Mr. Sam Shannon Executive Director Treasure Coast Regional Planning Council 620 South Dixie Highway Stuart, FL 33495-0396 ,J III PLr. ,.' r\'~l il '" ,_'L.I ,. ( RE: Boynton Beach Park of Commerce Dear Mr. Shannon: We are pleased to transmit herewith the additional information requested in your Determination of Informational Sufficienc report dated June 19, 198. 1S a 1t1ona ocumentat1on as een pre- pared as a supplement to the specific questions involved and should be inserted in the original ADA/DRI application report accordingly. Accompanying maps have been reduced and made a part of the text. One item, the drainage report supplement, should be placed in the Appendix. It is anticipated that this additional information is adequate for a finding of sufficiency and the application will be scheduled for the TCRPC Board hearing on September 21, 1984. We expect to resolve with City/County representatives our fair share contribution to required traffic improvements in the area of the Park and will advise you of the results. We look forward to working with you on this project. If you have any questions, please let us know. Sincerely, THE ROY BARDEN PLANNING GROUP Roy Barden, ASLA/AICP RB/jaf Encl. cc: Peter L. Cheney, w/attachments Carmen Annunziato, w/attachments SFWMD, w/attachments FDER, w/attachments FDOT, w/attachments FDCA, w/attachments FDOC, w/attachments PBC Planning, w/attachments PBC Traffic, w/attachments treQ/ure COOl:t regional planniQg council ""-'4"'D~ -" ~~~I c_ t.'" -r;: r '. . '. .~~ .l..A" "() .J, t~ . ~.~;. - .l~.l.-i .......-. ~. ~; f{ l~~ ~r, ~-\ ~'(.. f~ ~ ~$~ :;~< A, -n-[ .,foil }1i :-:p ti: ~. ~ ~/ ~f:. 4' l.~ ~ Po . / r .' ~,.iH ~ i9~4 ..., D (fJ'f. pU'-\N~..\i"U --------- May 31, 1984 Mr. Wade Riley, Vice President Riteco Development Corporation 1300 W. lantana Road, Suite 201 lantana, FL 33462 Subject Boynton Beach Park of Commerce DRI Dear Mr Ril ey We have received the ADA for the Boynton Beach Park of Commerce DRI and a copy of your letter to Carmen Annunziato submitting the application to the City of Boynton Beach. In your letter you indicate that you are requesting the Council to place this ORIon its agenda for the August 17th meeting At this time it is impossible to establish the meeting date at which the DRI would be considered. Such a date cannot be established until the application is found by Council staff to contain sufficient information to allow for the preparation of the regional assessment report. The 30-day period established for determining sufficiency will not end until June 20th. If the Council staff requests additional information at that time (as occurs with virtually all applications), a determination of sufficiency would not likely be made until 30 days after submittal of the information requested Based on our experience with previous DRr's, it is unlikely this project will be considered at Council's August meeting Most likely it will be considered at the September 21st meeting, assuming any supplemental information submitted is found sufficient. By copy of this letter, I am responding to Carmen Annunziato's memorandum of May 23rd Based on my observation above, the setting of Council's considera- tion of this project on August 17th is not likely. Hm1ever, I should like to point out that consideration by Council on September 21st could still allow consideration by the City on October 16th. If you have any questions regarding the scheduling or any other aspects of the DR! review, please do not hesitate to contact me. Sincerely, .:-7/ j"" L-v7' ./~.r-d~",,- 7'7~ Howard Muise DR! Coordinator HM cs cc Carmen Annunziato honey duncan chairman ma99Y hurchalla vice chairman 620 s. dixie highway ..............;oit.cl ~~,'l p.o, drawer 396 stuart, florida, 3349>0396 thomas d. mccloskel,l, jr. sam shannon executive director ~"'''_''n''''I/''rll'l>nCllrp..r